Excerpt: ...PORATION OF CALIFORNIA, and CALEX ENGINEERING, INC. RP: Plaintiffs Summary Plaintiff filed the Second Amended Complaint on 2/3/21, regarding separately filed wrongful death lawsuits that arise out of the same double fatal pedestrian accident. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the failure to...

Excerpt: ...ophic injury, causing subsequent death, while under the care of Defendant, A PLACE FOR ROVER, INC. MP Positions Applicants from Washington State request orders granting permission to appear pro hac vice, on grounds including the following: · The applicants are in good standing with the Bar of Washington. · The applicants have not been suspended or disbarred in any court. · The applicants have not regularly engaged in substantial business, prof...

Excerpt: ...by the so-called victim of a sex crime. The causes of action are: 1. RACIAL DISCRIMINATION 2. FAILURE TO PREVENT DISCRIMINATION AND/OR WORKPLACE HARASSMENT 3. DEFAMATION. On 8/9/20 the Court entered an order pertaining to the Appellate Court's Writ of Mandate that this case will not proceed as to dismissed FEHA claims, but will as to defamation. MP Positions Moving party requests the Court to grant judgment on the pleadings, as to the Complaint, ...

Excerpt: ...12 Fiat 500 Sport, which was manufactured by Defendant, suffers from widespread defects, including engine defects, and Defendant has been unable to repair within a reasonable number of attempts. MP Positions Moving party requests the Court to award attorneys' fees, costs and expenses, in the total amount of $120,210.70, on bases including the following: · Plaintiff accepted defendants' Section 998 offer to settle for $18,000 in damages, to compe...

Excerpt: ..., for the sale of Defendant's 2/3 interest in the property located at 8210-8214 Sunset Boulevard, Los Angeles. (Complaint, ¶ 7). On May 19, 2017, Torres entered into an Indemnity Agreement with Holloway Partners, because it knew of potential litigation by David Kermani, who was previously under contract with Torres to purchase the same Property interest, but could not close on his purchase. (Complaint, ¶ 8; Ex. “A”). The Indemnity Agreement...

Excerpt: ...olations, and discriminated and harassed on the basis of her age, sex/gender, and/or perceived disability. The causes of action are: 1) HARASSMENT BASED ON AGE; 2) HARASSMENT BASED ON SEX/GENDER; 3) HARASSMENT BASED ON PERCEIVED DISABILITY; 4) RETALIATION IN VIOLATION OF PUBLIC POLICY; 5) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 6) VIOLATION OF CALIFORNIA LABOR CODE SECTION 204(A) (FAILURE TO PAY ALL WAGES ON DESIGNATED PAYDAYS); 7) VIOLATIO...

Excerpt: ...the bottom of it exploded into flames, causing third-degree burns to about eighty-four percent of his body. The causes of action are: 1. STRICT PRODUCT LIABILITY - HAZARDOUS MATERIAL 2. STRICT PRODUCT LIABILITY - COMPONENT PART FAILURE 3. STRICT PRODUCT LIABILITY - MANUFACTURING DEFECT 4. STRICT PRODUCT LIABILITY - DESIGN DEFECT 5. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLI...

Excerpt: ... substandard renovations done by the individual defendant and co- defendants. Also, allegedly, Plaintiff's real estate agent, Defendant MARINE MAKARYAN, breached her duty of care, by failing to conduct basic research into city records pertaining to the failure of construction defendants to obtain the relevant legal permitting to conduct the substandard renovations, and failing to conduct a basic inspection or investigation of the property. The ca...

Excerpt: ...-Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted ...

Excerpt: ...urchased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following: · GM has not produ...

Excerpt: ...individuals, and/or substantially younger individuals. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests summary judgme...

Excerpt: ...auses of action are: 1. FAILURE TO PAY OVERTIME; 2. FAILURE TO PAY FOR REST PERIODS NOT PROVIDED; 3. FAILURE TO PAY FOR MEAL PERIODS NOT PROVIDED; 4. FAILURE TO PAY MINIMUM WAGE; 5. WAITING TIME PENALTIES; 6. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 7. HOSTILE WORK ENVIRONMENT IN VIOLATION OF GOVT. CODE §12940 ET SEQ. 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; and 10. UNFAIR COMPETI...

Excerpt: ...k, and the vehicle has had unrepaired defects, including electrical, transmission and exterior. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving parties request an order compelling Defendant's further responses to Special Interrogatory Nos. 62-65, 68, 74-77...

Excerpt: ...ble to repair to conform to the warranty, after a reasonable number of repair attempts and negligence. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. NEGLIGENT REPAIR. MP Positions Moving parties request an order compelling arbitration, on grounds including the following: · This entire case should be ordered to arbitration pursuant to the Ar...

Excerpt: ...Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, HILDA DALLAL and MARK DALLAL, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity, contribution, and declaratory relief. The DALLALS allege that 1 O...

Excerpt: ...t provisions, by withholding rent and other payments, under the pretext of a pandemic, whereas their employees continued to occupy the leased premises. The causes of action are: 1. BREACH OF CONTRACT 2. ANTICIPATORY BREACH OF CONTRACT. On 2/24/21, Defendant EDLIO, LLC filed a Cross-Complaint against Plaintiff, including allegations that the lessor's failure to provide improved air conditioning for inhibiting the Covid- 19 virus caused constructiv...

Excerpt: ...t arise out of the same double fatal pedestrian accident. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the failure to provide for previously school-arranged crossing guards for student safety on particularly dangerous streets near the school, at a time a substitute crossing guard was needed. On 7/16/2...

Excerpt: ...of it exploded into flames, causing third-degree burns to about eighty-four percent of his body. The causes of action are: 1. STRICT PRODUCT LIABILITY - HAZARDOUS MATERIAL 2. STRICT PRODUCT LIABILITY - COMPONENT PART FAILURE 3. STRICT PRODUCT LIABILITY - MANUFACTURING DEFECT 4. STRICT PRODUCT LIABILITY - DESIGN DEFECT 5. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLIGENCE 9. LO...

Excerpt: ...uccessfully obtained summary judgment in an unlawful detainer action, based upon having a lease with an option to purchase, at 2115 N. Upper Krest St., Los Angeles, CA 90046. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (DMIF) had foreclosed on a second deed of trust. Also, Defendant PETER DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC ...

Excerpt: ...ODE § 52.4) 3. VIOLATION OF THE RALPH ACT (CIV. CODE § 51.7) 4. SEXUAL ASSAULT 5. BATTERY 6. ASSAULT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The entire Complaint is barred by the statute of limitations (California Code of Civi1 Procedure § 335.1 ("Within two years: An action for assault, battery, or injury to, o...

Excerpt: ...ding because: He exercised his statutory rights and took approved leave to attend to his disabled son's healthcare needs; he provided testimony in a co-worker James Pearl's FEHA discrimination, harassment and retaliation jury trial; City management had racial animus towards Chicano employees; he obtained employee signatures on a petition to management seeking to promote qualified Chicano employees based upon merit; he reported manager's orders to...

Excerpt: ...ld Plaintiff a 2009 GMC Sierra, in poor mechanical condition, and not really adequately inspected as part of its certification process, as advertised on its website. The causes of action are: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE § 1750, ET SEQ; 2. FRAUDULENT MISREPRESENTATION; 3. NEGLIGENT MISREPRESENTATION; 4, VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT, CIVIL CODE § 1790, ET SEQ; 5. VIOLATION OF BUSINESS AND PR...

Excerpt: ...Complaint. On 2/16/22, Plaintiff filed a Second Amended Complaint, alleging that it relied on Defendants landlord's and representatives' representations, including in the Site Plan, that the lower level of the commercial property was 4,086 square feet, in agreeing to lease it for a dance studio, but Plaintiff would not have signed the lease, if defendants had disclosed the unprofitably small size of the property. The causes of action are: (1) FRA...

Excerpt: ...ls. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests terminating sanctions against Plaintiff, on bases including the f...

Excerpt: ...ed on Defendants landlord's and representatives' representations, including in the Site Plan, that the lower level of the commercial property was 4,086 square feet, in agreeing to lease it for a dance studio, but Plaintiff would not have signed the lease, if defendants had disclosed the unprofitably small size of the property. The causes of action are: (1) FRAUDULENT MISREPRESENTATION; (2) NEGLIGENT MISREPRESENTATION; (3) VIOLATION OF PENAL CODE ...

Excerpt: ... Plaintiff and self-represented Defendants are adjacent property owners in the Hollywood Hills, and Defendants continue to interfere with Plaintiff's recorded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUIS...

Excerpt: ... regular and/or overtime wages earned, and premiums owed due to missed meal periods and rest breaks. The causes of action is: (1) VIOLATION OF CALIFORNIA LABOR CODE § 2698, ET SEQ. (CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004). MP Positions Moving party requests an order striking the Complaint, on grounds including the following: · The PAGA representative action would be unmanageable, and would violate the due process rights of defendant a...

Excerpt: ...mes substituted service has been authorized, such as when the disobeyed order was known by the contemnor. In re Abrams (1980) 108 Cal. App. 3d 685, 691.). No Opposition MP: Plaintiff RP: Summary On 02/07/19, Plaintiff Tatsu Ramen, LLC filed the instant action against Defendants Juan Carlos Rivas, Ryutaro Isobe, B&B International, LLC, Wakou USA, Inc., and Mutual Trading Company, Inc. Plaintiff alleges that defendants conspired to grossly overchar...

Excerpt: ...Fire Chief Silvio Lanzas' directing Plaintiff to make available for routine local calls, 3 fire engines that had been reserved by California State funding, to be held on call for the State to use to combat wildfires. The cause of action is: 1. RETALIATION IN VIOLATION OF CALIFORNIA LABOR CODE § 1102.5. MP Positions Moving party requests an order granting summary judgment or adjudication, on grounds including the following: 1. The cause of action...

Excerpt: ...pal Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, the DALLALS, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity, contribution, and declaratory relief. The DALLALS allege that 1 OAK negligentl...

Excerpt: ...merican, and complaining about discrimination. The causes of action are: 1. RACE DISCRIMINATION - DENIAL OF PROMOTIONAL OPPORTUNITIES IN VIOLATION OF 42 U.S.C. § 1981 2. RACE DISCRIMINATION - DENIAL OF TRANSFERS IN VIOLATION OF 42 U.S.C. § 1981 3. RETALIATION IN VIOLATION OF 42 U.S.C. § 1981 4. RETALIATION IN VIOLATION OF CA GOVT. CODE § 12940(K) 5. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1985(3) 6. CONSPIRACY TO INTERFERE WITH...

Excerpt: ...r pipe accidentally burst and flooded the property, and Defendant PENN- STAR INS. CO. wrongfully denied coverage under its insurance policy, after doing various bad faith insurance practices. Additionally, the individual defendants allegedly leased an uninhabitable residence to Plaintiff. The causes of action are: (1) BREACH OF CONTRACT; (2) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; (3) NEGLIGENT MAINTENANCE OF PROPERTY; (4) ...

Excerpt: ...Plaintiff and self-represented Defendants are adjacent property owners in the Hollywood Hills, and Defendants continue to interfere with Plaintiff's recorded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUISA...

Excerpt: ...ging the foreclosure sale of the family residence at 3751 Lankershim Boulevard, due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. MP Positions Before appellate proceedings, moving defendants had moved to dismiss this action, under the five-year statute, on bases including the following: · It was not impossible, im...

Excerpt: ...ously defective transmission. The causes of action are: 1. BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT. 2. BREACH OF EXPRESS WARRANTY UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT. 3. FRAUDULENT INDUCEMENT - CONCEALMENT. MP Positions Moving party requests an order sustaining the demurrer to the Third Cause of Action for . “FRAUDULENT INDUCEMENT - CONCEALMENT,” on grounds including the following: �...

Excerpt: ...urchased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following: · GM has not produ...

Excerpt: ...dant's mother Khatun A. Kanji. At the time of that transfer, Defendant agreed to pay to Khatun A. Kanji, not less than the Equity Amount. 11. Each Plaintiff claims a one-third (1/3) share in the Equity Amount in the approximate amount of $100,000 at the time of the transfer. 12. On or about June 3, 2018, Defendant entered into an oral agreement with Plaintiffs to pay to each Plaintiff their $100,000 share of that Equity Amount, via sale or refina...

Excerpt: ...corded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE. On 2/19/19, defendants filed a First Amended Cross-Complaint against Plaintiff, ...

Excerpt: ...ed a First Amended Complaint, alleging that Defendant, doing business as “Ganas,” sold Plaintiff a 2009 GMC Sierra, in poor mechanical condition, and not really adequately inspected as part of its certification process, as advertised on its website. The causes of action are: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE § 1750, ET SEQ; 2. FRAUDULENT MISREPRESENTATION; 3. NEGLIGENT MISREPRESENTATION; 4, VIOLATION OF THE SONG-BE...

Excerpt: ...ISSION - VIOLATION OF BUSINESS AND PROFESSIONS CODE SECTION 7159 AND CIVIL CODE SECTION 1689.7; 3. DISGORGEMENT; 4. INTENTIONAL MISREPRESENTATION; 5. NEGLIGENCE; 6. ACTION ON CONTRACTOR'S LICENSE BOND. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · Statute of Limitations: The contractual two-year Statute of Limitations expired, and is a lawful limitation. The Complaint ...

Excerpt: ...r; and Second Cause of Action for Intentional Infliction of Mental Distress, on grounds including the following: · HARSINI had admitted to recording a telephone conversation on January 8, 2021 with Defendant (opposing counsel in a probate matter where HARSINI represents himself in pro per), without her knowledge or consent. · Based on the initial admission, MARSH lawfully filed the report with law enforcement for violation of Penal Code §632(A...

Excerpt: ...arket Center, by their abandonment, and defaulting on rent. On 10/20/20, defendants filed a Cross-Complaint against Plaintiff, for Breach of Contract and Constructive Eviction, alleging that the landlord breached paragraph 6.1.1 of the lease, by not repairing air conditioning that was 68 degrees cold. MP Positions Moving party requests an order granting summary judgment against defendants, on bases including the following: · Defendants breached ...

Excerpt: ...reach of Contract and Common Count. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff's cause of action for fraud and insurance fraud must fail. · Plaintiff's Complaint lacks critical facts to constitute fraud, as it fails to allege any facts that Defendants made an intentional statement, or omission, for the purposes of injuring Plaintiff or another party, or ...

Excerpt: ... group called “100MME,” and fraudulently promised Plaintiff and other successful entrepreneurs that if they invested $100,000, then they would (i) receive a level of mentorship and coaching that had “literally never been done before,” including access to exclusive in-person events held at various high-end venues throughout the country, (ii) be “guaranteed” to receive a significant return on the $100,000 investment, and (iii) have the ...

Excerpt: ...d, including because: He exercised his statutory rights and took approved leave to attend to his disabled son's healthcare needs; he provided testimony in a co-worker James Pearl's FEHA discrimination, harassment and retaliation jury trial; City management had racial animus towards Chicano employees; he obtained employee signatures on a petition to management seeking to promote qualified Chicano employees based upon merit; he reported manager's o...

Excerpt: ... Complaint alleging that Defendants, lessees, and unauthorized resident Gabriela Borchardt, contend that Plaintiff is in breach of the warranty of habitability, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28/20, defendants, as self-re...

Excerpt: ...in poor mechanical condition, and not really adequately inspected as part of its certification process, as advertised on its website. The causes of action are: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE § 1750, ET SEQ; 2. FRAUDULENT MISREPRESENTATION; 3. NEGLIGENT MISREPRESENTATION; 4, VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT, CIVIL CODE § 1790, ET SEQ; 5. VIOLATION OF BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ....

Excerpt: ... terminated from employment, and retaliated against, by defendants, due to a disability and medical condition, and they the connection between Plaintiff's injury and employment. On 10/23/19, Plaintiff filed a motion for leave to file a First Amended Complaint, adding alleged Labor Code violations. MP Positions Moving party requests an order compelling further responses to special interrogatories, and awarding $660.00 in sanctions, on bases includ...

Excerpt: ...by entering into a purchase and sale agreement, in reliance on defendants' misrepresentations about Wall Street Collective's compliance with laws involving the legality of its cultivating and selling marijuana. The elements of a claim for are: 1. BREACH OF CONTRACT 2. BREACH OF PERSONAL GUARANTEE 3. BREACH OF FIDUCIARY DUTY 4. FRAUD ' 5. CONVERSION 6. INTERFERENCE WITH CONTRACTUAL RELATIONS 7. CONSPIRACY/CONVERSION 8. REFORMATION ' 9. INTENTIONAL...

Excerpt: ...as wrongfully terminated from employment, and retaliated against, by defendants, due to a disability and medical condition, and they the connection between Plaintiff's injury and employment. On 10/23/19, Plaintiff filed a motion for leave to file a First Amended Complaint, adding alleged Labor Code violations. MP Positions Moving party requests an order compelling further document responses, and awarding $660.00 in sanctions, on bases including t...

Excerpt: ...les, failed to establish a special needs trust of structured annuity payments due monthly to Vista Points Inc., thereby creating financial difficulties for Plaintiff and his son. The causes of action are: 1. 42 USC § 1983 – EQUAL PROTECTION OF THE LAW, DUE PROCESS. 2. 42 USC § 1983 - BREACH OF CONTRACT. On 12/14/21, the Court sustained, without leave to amend, a similar demurrer of co- Defendant PACIFIC LIFE INSURANCE COMPANY, based on the de...

Excerpt: ... SMOKE INTERNATIONAL LLC; 4) REQUEST MONETARY SANCTIONS IN THE AMOUNT OF $3,535.00 AGAINST DEFENDANT VAPE & SMOKE INTERNATIONAL LLC AND THEIR COUNSEL OF RECORD, FADI K. RASHEKD. Notice: Okay Opposition MP: Plaintiff RP: Defendant VAPE & SMOKE INTERNATIONAL LLC. Summary On 1/8/21, Plaintiff JAMIL NAJI filed a Complaint alleging that Plaintiff, and defendants QUYS ARIKAT, and RAMI AL NATOUR, on behalf of Defendant VAPE & SMOKE INTERNATIONAL LLC, D/...

Excerpt: ...D THEIR COUNSEL OF RECORD FADI K. RASHEED. MOTION TO 1) COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES SECTIONS 15.1 AND 17.1 SET ONE PROPOUNDED TO DEFENDANT QUYS ARIKAT 2) COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION SET ONE NUMBERS 1, 2, 3, 5, 9 PROPOUNDED TO DEFENDANT QUYS ARIKAT 3) REQUEST MONETARY SANCTIONS IN THE AMOUNT OF $4610.00 AGAINST DEFENDANT QUYS ARIKAT AND THEIR COUNSEL OF RECORD, FADI K. RASHEED. Notice: Okay Opposition M...

Excerpt: ...chased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following:  GM has not produc...

Excerpt: ... in violation of public policy MP Positions Moving parties request an order compelling this action into arbitration, and dismissing or staying this action, on grounds including the following: · Plaintiffs' argument that the Arbitration Agreement requires employees to waive rights to redress sexual harassment or discrimination under FEHA, is false. The Arbitration Agreement expressly permits Plaintiffs to seek redress for sexual harassment or dis...

Excerpt: ...vement on Plaintiffs' property, including defendants' performing work without a license, failing to perform some work, performing some work negligently, abandoning the site, and keeping the sums paid. The causes of action are: 1. FRAUD 2. INTENTIONAL TORT 3. GENERAL NEGLIGENCE 4. BREACH OF CONTRACT 5. RECOVERY OF COMPENSATION PAID TO UNLICENSED CONTRACTOR UNDER BUSINESS & PROFESSIONS CODE § 7031(B). MP Positions Moving parties request an order a...

Excerpt: ...making a ceiling collapse, and a dilapidated structure. The causes of action are: 1. NEGLIGENCE 2. BREACH OF IMPLIED WARRANTY OF HABITABILTY. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The Complaint is uncertain, including as to whether the Statute of Limitations applies, and the drafting that incorporates allegations by reference. · The Second Cause of Action is f...

Excerpt: ...On 10/20/20, defendants filed a Cross-Complaint against Plaintiff, for Breach of Contract and Constructive Eviction, alleging that the landlord breached paragraph 6.1.1 of the lease, by not repairing air conditioning that was 68 degrees cold. MP Positions Moving party requests an order granting summary judgment against defendants, on bases including the following: · Defendants breached the Lease, and failed to pay damages in an amount no less th...

Excerpt: ...on Carbide Corp. (2005) 128 Cal. App. 4th 333, 342; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Opposition MP: Plaintiff RP: Defendants Summary On 7/6/21, Plaintiff SONYA HOWARD, a self-represented litigant, filed a form Complaint, alleging that, after impersonating a doctor, defendants charge Plaintiff's insurer for delayed or unfilled prescriptions. The causes of action are: Fraud, Insurance Fraud. MP Positions Moving party requests an or...

Excerpt: ...rimination, by the employer, LA DWP, occurred, including the denial, on or about October 29, 2020, of another promotion to Supply Services Manager II. The causes of action are: 1. FEHA RETALIATION VIOLATIONS 2. FEHA DISABILITY DISCRIMINATION 3. FEHA AGE DISCRIMINATION 4. FEHA AGE DISCRIMINATION 5. LABOR CODE §1102.5 VIOLATIONS 6. HOSTILE WORK ENVIRONMENT 7. 18 U.S.C. §1983 CIVIL RIGHTS/EQUAL PROTECTION VIOLATIONS. MP Positions Moving party requ...

Excerpt: ...ten contracts to provide wound care services for patients at Defendant's hospital, and after a contract terminated on June 30, 2017, defendants acquired possession of all of plaintiffs' trade secrets and confidential information. The causes of action of the Second Amended Complaint are: 1) BREACH OF CONTRACT (NON-COMPETE AND CONFIDENTIALITY CLAUSES) 2) FRAUD AND DECEIT 3) UNJUST ENRICHMENT 4) DEFAMATION 5) UNFAIR BUSINESS ACTS AND PRACTICES 6) NE...

Excerpt: ... putting him in handcuffs, and pointing a gun at him. The causes of action are: 1. UNLAWFUL SEARCH AND SEIZURE IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 -FOURTH AMENDMENT 2. DENIAL OF EQUAL PROTECTION IN VIOLATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C. § 1983 - FOURTEENTH AMENDMENT 3. VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 - SUPERVISORY LIABILITY 4. VIOLATION OF CAL. CIVIL CODE § 52.1 (B) - BANE ACT 5. WARRANTLE...

Excerpt: ...ied good-faith interactive process, denied work environment free of discrimination and/or retaliation, denied medical leave, denied reasonable accommodation, denied reinstatement, and employment termination. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k);...

Excerpt: ... On 1/7/21, Plaintiff filed a First Amended Complaint, Qui Tam action, alleging that defendants, as providers of psychiatric care and psychotherapy, submitted fraudulent claims to at least 11 medical health insurance companies, by claiming that CHANG, a physician, treated patients, when they were actually seen by a “non-credentialed,” out-of-network provider, who is not a physician, thereby enabling defendants to collect higher-than-permitted...

Excerpt: ...cturing Company, Inc., LASC Case No. BC695605, but Defendant grossly poorly represented Plaintiff, in the action to recover damages allegedly resulting from Plaintiff's indirect asbestos exposure, including Defendant's appalling lack of pre-trial preparation, leading to a large Judgment against Plaintiff, in the sums of $7,213,704.39 in compensatory damages, and $15 million punitive damages. The causes of action are: (1) LEGAL MALPRACTICE; (2) BR...

Excerpt: ...insurance companies, by claiming that CHANG, a physician, treated patients, when they were actually seen by a “non-credentialed,” out-of-network provider, who is not a physician, thereby enabling defendants to collect higher-than-permitted sums of benefits, in violation of Insurance Code § 1871.7 and Penal Code §§ 549, 550, and 496 (First Amended Complaint, ¶ 21). The causes of action are: 1) VIOLATIONS OF THE CALIFORNIA INSURANCE FRAUDS ...

Excerpt: ...y On 1/7/21, Plaintiff filed a First Amended Complaint, Qui Tam action, alleging that defendants, as providers of psychiatric care and psychotherapy, submitted fraudulent claims to at least 11 medical health insurance companies, by claiming that CHANG, a physician, treated patients, when they were actually seen by a “non-credentialed,” out-of-network provider, who is not a physician, thereby enabling defendants to collect higher-than-permitte...

Excerpt: ... as holder, and assignee, of a construction-related deed of trust, on 5055 Mount Helena Ave, Los Angeles, wrongfully foreclosed, during when Plaintiff genuinely disputed a grossly inflated pay-off amount, thereby interfering with Plaintiff's attempted sale of its property, to co- Defendant REBECCA DARNELL, who has taken possession of the property without paying rent. The causes of action are: 1) QUIET TITLE TO REAL PROPERTY 2) WRONGFUL FORECLOSUR...

Excerpt: ...ns, including electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; floors and walls containing mold and mildew; insect infestations; pest infestations; security and safety deficiencies; storage deficiencies; and loss of use of the premises. The causes of action are: 1) BREACH OF IMPLIED WARRANTY OF HABITABILITY 2) BREACH OF STATUTORY WARRANTY OF HABITABILITY 3) BREACH OF THE COVENANT OF QUIET ENJOYMENT 4) NEGLIGENCE 5) ...

Excerpt: ...lleging that Defendants, lessees, and unauthorized resident Gabriela Borchardt, contend that Plaintiff is in breach of the warranty of habitability, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28/20, defendants, as self-represented li...

Excerpt: ... 25% Plaintiff NORA SUSANA ARELLANO, and 25% to Defendant NORA MORAN ARELLANO), in exchange for plaintiffs obtaining funds and orchestrating all repairs for rehab of the property, and then placing it for sale. The causes of action are: 1) PARTITION OF REAL PROPERTY 2) BREACH OF CONTRACT 3) BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALINGS 4) DECLARATORY RELIEF 5) PROMISSORY ESTOPPEL 6) NEGLIGENT MISREPRESENTATION 7) FRAUDULENT MISREPRESENTATION ...

Excerpt: ...that, when Defendant CRAIG CORNWELL became the Chief Deputy City Attorney in 2006, Plaintiff's performance while working as a Deputy City Attorney became falsely and unfairly handled based on the pretext of poor work performance, leading to years of retaliation for Plaintiff's complaints, harassment (e.g., yelling, defamation, ridicule, bias against Plaintiff, and profanity), criticisms of Plaintiff's childcare needs, disproportionate assignments...

Excerpt: ...essful entrepreneurs that if they invested $100,000, then they would (i) receive a level of mentorship and coaching that had “literally never been done before,” including access to exclusive in-person events held at various high-end venues throughout the country, (ii) be “guaranteed” to receive a significant return on the $100,000 investment, and (iii) have the right to receive a refund. The causes of action are: (1) BREACH OF CONTRACT (2...

Excerpt: ...ses under the Elder and Dependent Adult Civil Protection Act, based upon the healthcare Defendants' neglect and deliberate withholding of treatments, including for chronic kidney disease, and Covid, of decedent WALLACE DORSEY, a 68-year-old, frail, dependent adult. The causes of action are: 1. VIOLATIONS OF THE ELDER AND DEPENDENT ADULT CIVIL PROTECTION ACT [Welf. & Inst. C. § 15600 et seq.] 2. NEGLIGENCE 3. WRONGFUL DEATH. MP Positions Moving p...

Excerpt: ... a First Amended Complaint, alleging that defendants ERIC MICHAEL PONY and LIFETIME FINANCIAL, INC. engaged in a predatory lending scheme to cheat homeowners like Plaintiff out of substantial home equity, by enticing homeowners to refinance their current mortgages with new mortgage loans. Defendants falsely represented that the mortgage loans that they would make or arrange were at lower fixed interest rates and required lower monthly payments th...

Excerpt: ...AGHCHAY, now a self-represented litigant, filed a Complaint alleging that defendants as vehicle insurers refused in bad faith to provide coverage for Plaintiff's vehicle damaged during a tow truck lift. The causes of action are: 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; 3. DECLARATORY RELIEF. MP Positions Moving parties request an order deeming admitted requests for admissions, and awarding monetary ...

Excerpt: ...edatory lending scheme to cheat homeowners like Plaintiff out of substantial home equity, by enticing homeowners to refinance their current mortgages with new mortgage loans. The defendants falsely represented that the mortgage loans that they would make or arrange were at lower fixed interest rates and required lower monthly payments than the homeowners' s current mortgages. Further, allegedly, as a result of defendant (Plaintiff's former attorn...

Excerpt: ...ss-Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slante...

Excerpt: ...URA DREXLER; and Defendant MICHAEL SCHWIMER. RP: Summary On 6/17/21, plaintiffs GERALD OWEN RYCKMAN and JUDITH LORRAINE RYCKMAN, as self-represented litigants, filed a Complaint alleging that, on April 28, 2017, after being directed by the Court in a pending partition action between the same parties, to prepare an order, Defendant MICHAEL SCHWIMER, forged onto the minute order additional sanctions that had not been ordered by the Court. The order...

Excerpt: ...ia Department of Fair Employment and Housing (DFEH) on February 17, 2021 (¶ 17), and that Defendant discriminated, harassed and retaliated, based on his age and national origin/race, including by not promoting him. The causes of action are: 1) TO REDRESS NATIONAL ORIGIN DISCRIMINATION 2) TO REDRESS AGE DISCRIMINATION 3) TO REDRESS UNLAWFUL RETALIATION 4) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETALIATION. MP Positions Moving party req...

Excerpt: ...N OF GOV'T CODE §§12940 ET SEQ.; 2. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k); 4. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 6. VIOLATION OF CALIFORNIA FAMILY RIGHTS ACT, GOV'T CODE §§1294...

Excerpt: ...to cheat homeowners like Plaintiff out of substantial home equity, by enticing homeowners to refinance their current mortgages with new mortgage loans. Defendants falsely represented that the mortgage loans that they would make or arrange were at lower fixed interest rates and required lower monthly payments than the homeowners' s current mortgages. Further, allegedly, as a result of Defendant attorney PAUL CARA'S legal malpractice, the Court dis...

Excerpt: ...filed a First Amended Complaint alleging: Defendants unlawfully discriminated in employment, on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of changes in work proce...

Excerpt: ...UMENTS AND TANGIBLE THINGS, SET ONE AND FOR MONETARY SANCTIONS. Notice: Okay (per notice of continued hearing dates, filed 10/18/21). Opposition MP: Plaintiff RP: Defendants Summary On 12/17/19, Plaintiff LARRY DIXON JR. filed a Complaint alleging that Defendant STASH stopped paying Plaintiff as an employee, Plaintiff has received no wages for working about January 2019 through about June 6, 2019, and Plaintiff has not received any dividends as a...

Excerpt: ...s containing mold and mildew; insect infestations; pest infestations; security and safety deficiencies; storage deficiencies; and loss of use of the premises. The causes of action are: 1) BREACH OF IMPLIED WARRANTY OF HABITABILITY 2) BREACH OF STATUTORY WARRANTY OF HABITABILITY 3) BREACH OF THE COVENANT OF QUIET ENJOYMENT 4) NEGLIGENCE 5) VIOLATION OF CIVIL CODE SECTION 1942.4 6) PRIVATE NUISANCE. MP Positions Plaintiffs request orders approving ...

Excerpt: ...led a Complaint alleging that Plaintiff's supervisor committed sexual batteries on her, and Plaintiff was constructively terminated, because she no longer felt comfortable working for UNIFIRST as a result of RUVALCABA's harassment, and due to UNIFIRST's inaction and failure to accommodate. The causes of action are: 1. BATTERY; 2. ASSAULT; 3. SEXUAL BATTERY (CIVIL CODE§1708.5); 4. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. HA...

Excerpt: ... suffered from his manager, but Plaintiff was ultimately terminated by Defendant, on January 24, 2020, for a purported violation of company policy. The causes of action are: (1) FEHA – SEXUAL HARASSMENT (2) FEHA – RETALIATION (3) FEHA – FAILURE TO TAKE ALL STEPS NECESSARY TO STOP DISCRIMINATION, HARASSMENT, AND/OR RETALIATION. MP Positions Moving parties requested an order awarding attorney fees ($10,583), on grounds including the following...

Excerpt: ...ng covering costs for an increased construction contract change order in the amount of $600,000.00, $11,000.00 to the Los Angeles County Tax Assessor, and $84,600.00 to Southern California Gas Company. However, Defendant HAMID REZA MOGHTADERI breached the partnership agreement, since he did not pay the amount he agreed, which is at least $3,931,756.59. The causes of action are: 1. BREACH OF ORAL PARTNERSHIP AGREEMENT; 2. BREACH OF FIDUCIARY DUTY;...

Excerpt: ... INSURANCE COMPANY (AGLIC), and others. On 7/17/20, plaintiffs filed a First Amended Complaint, alleging defendants refuse to pay under the terms of insurance policies issued to P.F. Chang's, in connection with P.F. Chang's claim for coverage of losses it has incurred as a result of the SARS-CoV-2 pandemic, including orders preventing the use of physical premises that P.F. Chang's relies on to conduct its business. MP Positions Moving party reque...

Excerpt: ...§ 201-202, 218, 218.5, 1194, 1194.2] 2. FAILURE TO PROVIDE MEAL PERIODS [Labor Code §§ 226.7 and 512] 3. FAILURE TO PROVIDE REST PERIODS [Labor Code §§ 226.7 and 512] 4. FAILURE TO PAY OVERTIME WAGES [Labor Code §§ 510, 218.5 and 1194 et seq.] 5. FAILURE TO PAY WAGES DUE UPON TERMINATION: WAITING TIME PENALTIES [Labor Code §§ 201, 202, 203] 6. FAILURE TO ISSUE ACCURATE ITEMIZED WAGE STATEMENTS [Labor Code § 226, 226.3] 7. UNLAWFUL/UNFAI...

Excerpt: ...ns related to pregnancy justifying reasonable accommodations. The causes of action are: (1) DISCRIMINATION ON THE BASES OF SEX, PREGNANCY, DISABILITY, ASSOCIATIONAL DISABILITY, CFRA LEAVE, REQUEST FOR ACCOMMODATION IN VIOLATION OF FEHA (GOV. CODE § 12900, ET SEQ.); (2) RETALIATION IN VIOLATION OF FEHA (GOV. CODE § 12900, ET SEQ.); (3) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA; (4) INTERFERENCE WITH PREGNANCY DISABILITY LEAVE ...

Excerpt: ...t with the COFFEYS for them to pay Plaintiff to build them a new home, which they breached. On 7/26/21, defendants filed a First Amended Cross-Complaint, against Plaintiff and its alleged individual alter ego, which alleges that cross-defendants misrepresented having the proper licenses to perform the construction work and instead use only the name of a Responsible Managing Officer (RMO) to circumvent contractor's licensing laws, and to induce cr...

Excerpt: ..., including of the engine and transmission, and stalling, which Defendant has been unable to repair. MP Positions Moving party requests an order compelling Defendant's further responses to document requests 80-83, seeking information regarding specified technical service bulletins, for reasons including the following: · The four Requests seek documents relating to two Technical Service Bulletins. Defendant's own repair instructions to its author...

Excerpt: ...sparaging CityLift to its customers, stealing CityLift's trade secrets and proprietary information, and using those trade secrets to unfairly compete against CityLift. Defendants' attack has caused CityLift significant economic injuries as well as damage to its business reputation, goodwill, and position in the marketplace, and Defendants will continue to cause such harm until the Court grants CityLift its requested injunctive relief. (Complaint,...

Excerpt: ...F WATER AND POWER. Summary On 12/18/20, Plaintiff EDITH WILLIAMS filed a First Amended Complaint alleging that, since filing her prior case, assigned to Judge Alarcon, additional acts of retaliatory, disability, age and race discrimination, by the employer, LA DWP, occurred, including the denial, on or about October 29, 2020, of another promotion to Supply Services Manager II. The causes of action are: 1. FEHA RETALIATION VIOLATIONS 2. FEHA DISAB...

Excerpt: ...ment of the Defendant's website, as a result of accessibility barriers on the website. On 5/19/21, the Court entered default against Defendant. On 7/9/21, the Court filed a Default Judgment. MP Positions Moving party requests an order vacating default, on bases including the following: · The damages awarded to Plaintiff exceed the maximum amount warranted by the Complaint. · Defendant did not have an opportunity to apply for relief prior to the...

Excerpt: ...residential lessor, filed a Complaint alleging that Defendants, lessees, and unauthorized resident Gabriela Borchardt, contend that Plaintiff is in breach of the warranty of habitability, whereas defendants have done the pattern of obstructing repairs and remediation, and damaging property, and so caused any uninhabitable conditions. The causes of action are: 1) BREACH OF CONTRACT 2) DECLARATORY RELIEF 3) NEGLIGENCE 4) UNJUST ENRICHMENT. On 12/28...

Excerpt: ...lity arises out of an incident that occurred on December 26, 2015. Oleg Alexandrov was driving east on the 10 Freeway approaching Crenshaw Blvd and downtown Los Angeles. Marianna Alexandrov was sitting in the passenger seat while their two young grandchildren were passengers in the rear seats. Mr. Alexandrov was driving a Toyota Ray 4 in the number two lane of travel. Mr. Alexandrov was driving within the speed limit, in his lane of travel. Sudde...

Excerpt: ...ination, as indicated by replacing older employers with younger ones, and replacing Plaintiff, who is Chinese American, with a Caucasian. The causes of action are: 1. AGE DISCRIMINATION– DISPARATE TREATMENT; 2. AGE DISCRIMINATION– DISPARATE IMPACT; 3. AGE HARASSMENT–HOSTILE ENVIRONMENT; 4. RACE DISCRIMINATION– DISPARATE TREATMENT; 5. WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY; 6. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 7. FA...

Excerpt: ... pursue his scheme to misappropriate, and embezzle from Plaintiff while working as accountant and bookkeeper. The causes of action are: 1. CONVERSION 2. FRAUD — INTENTIONAL MISREPRESENTATION 3. FRAUD — NEGLIGENT MISREPRESENTATION 4. BREACH OF FIDUCIARY DUTY 5. FRAUDULENT TRANSFER 6. CONSTRUCTIVE FRAUD. On 4/9/21, plaintiffs filed a form request for dismissal of the 2nd and 3rd causes of action as to Ariana Harbottle. MP Positions Moving party...