Excerpt: ...7/21, Plaintiff filed a Complaint alleging that Defendants, as attorneys, represented Plaintiff in a number of cases, spanning a significant period of time, but as to one case, Defendants negligently advised her, resulting in the striking of her answer and entry of default and default judgment. The causes of action are: 1. PROFESSIONAL NEGLIGENCE 2. BREACH OF FIDUCIARY DUTY 3. BREACH OF CONTRACT 4. BREACH GOOD FAITH AND FAIR DEALING. On 7/26/21, ...

Excerpt: ...vera, which has habitability violations, including cockroach infestation, spider infestation, mold contamination, dysfunctional plumbing systems, disrupted utility access to plumbing and electrical, dysfunctional electrical system, improper weatherproofing, improper ventilation, structural deficiencies, and improper construction practices posing health and safety hazards. The causes of action are: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.4 2...

Excerpt: ...20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, provided a policy for indemnity in the event of catastrophic loss, but now the Lorenzo plaintiffs are unlikely to receive any ...

Excerpt: ...ined a mortgage loan encumbering their owned residential property at 8744 Burnet Ave No. 2, North Hills, CA, and on or about April 10, 2018, a Notice of Default (NOD) was recorded by NATIONSTAR MORTGAGE, LLC, but Plaintiffs never were contacted about foreclosure alternatives as required under Civil Code Section §2923.5, and ultimately NATIONSTAR wrongfully foreclosed. MP Positions Moving party requests an order granting summary judgment against ...

Excerpt: ...g as a subsidiary of the City of Los Angeles, 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...

Excerpt: ...7. Presumably due to the COVID pandemic, Plaintiff's start date at the LAFD academy was delayed. In or about January 2021, Plaintiff was informed that he was eligible to begin the LAFD academy class scheduled to begin in July 2021. In or about April 2021, LAFD confirmed that Plaintiff was accepted to the July 2021 Fire Academy class and informed him that he must appear in May 2021 to be fitted for personal protective gear and to conduct Live Scan...

Excerpt: ... Defendant GENERAL MOTORS regarding a 2018 Chevrolet Malibu, which had nonconformities remaining unrepaired after a reasonable number of attempts. MP Positions Moving parties request an order compelling deposition attendance of GENERAL MOTORS PMQ, and awarding $1,765.00 sanctions, on grounds including the following: · Plaintiffs' served a notice of deposition that lists reasonably particularized matters related to the request for repurchase of t...

Excerpt: ...aintiff filed a Complaint. On 11/24/20, Plaintiff 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 updat...

Excerpt: ...er granting relief from default, on grounds including the following: · Defendant Kumar did not understand what was being served on her given her limited understanding of English. · She mistakenly believed her son was handling the matter, as it related to the LLC. As is Indian tradition, Mr. Kumar, Defendant's oldest son, handles all matters for Defendant. · She is elderly, age 67. · She is sued as a lease guarantor, not involved in business o...

Excerpt: ...defensible asbestos case-- Norris Morgan v. J-M Manufacturing Company, Inc., LASC Case No. BC695605, in which the underlying case plaintiffs were represented by Simmons Hanly Conroy, LLC (SHC), with lead trial associate Scott Peebles. But Defendant grossly poorly represented Plaintiff, in the action to recover damages allegedly resulting from Plaintiff's asbestos exposure, including Defendant's appalling lack of pre-trial preparation, leading to ...

Excerpt: ... judgment was filed 12/14/22 for $39,686.36. MP Positions Moving party requests an order vacating default judgment, on bases including the following: · Plaintiff improperly requested more than the amount set forth in the complaint, making the Judgment void. Rodriguez v. Cho (2015) 236 CA4th 742, 752-753. · Plaintiff cited distinguishable opinions. · Plaintiff's evidence is unsigned and incompetent. · Alternatively, the Court should modify the...

Excerpt: ...gainst the trucking defendants. On 1/13/21, this lead case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. The Complaint in consolidated case number 20STCV23961 alleges that GLOBAL CENTURY, as insurance broker, was used by THANDI as a device to broker insurance policies between California trucking insureds, like LOS MORALES, a small trucking company, and the non-California-admitted, insolvent insurer, Global Hawk, prov...

Excerpt: ...d on workers compensation policy number 9241524-18. Plaintiff also alleges it was assigned the debt. The causes of action are: 1. BREACH OF CONTRACT 2. OPEN BOOK ACCOUNT 3. ACCOUNT STATED 4. REASONABLE VALUE. On 6/21/22, default judgment was entered against Defendant for damages of $186,144.97, attorney fees of $1,200.00, interest of $38,299.97, and costs of $650.13, for a total of $226,295.07. On 10/25/22, Defendant filed this motion to set asid...

Excerpt: ...ears, defendants have been trying to drive Plaintiff out of her leased premises, including by fraud. Plaintiff successfully 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 t...

Excerpt: ...tiff leased 4646 Los Feliz Boulevard, apartment 312, Los Angeles, owned by Defendant LOS FELIZ BLISS LLC, and initially managed by Defendant SUREN SINGH doing business as MONDIAL PROPERTIES, including Addendum #3 providing for $8,220.00 rent paid through January 31, 2021. In or about May 2020, the owner, and successor manager APARTMENT MANAGEMENT CONSULTANTS LLC (AMC) changed the locks on the apartment, to prevent Plaintiff's reentry, and also di...

Excerpt: ...ion are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests the Court to order Plaintiff to submit to an independent mental examination, for reasons as follows: · Plaintiff claims emotional distress damages. · Plaintiff concedes that she needs to sit for an IME. · Plaintiff unreasonably is conditioning her IME on unrelated matters pertaining to a different action. · Without the results of this examination, defendant ca...

Excerpt: ... On 4/26/22, Plaintiff filed a First Amended Complaint, alleging that it is the owner of 4907-4907 ½ Wadsworth Avenue, Los Angeles, because it acquired title to the Property from Defendant RAFAEL GUTIERREZ AYALA via Grant Deed, on or about January 21, 2021, as a bona fide purchaser without knowledge of AYALA's allegations. The causes of action are: 1. QUIET TITLE 2. EQUITABLE SUBROGATION (TO IMPRESS EQUITABLE LIEN) 3. PARTITION BY SALE OF REAL P...

Excerpt: ...inue 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 NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE. On 2/19/19, defendants filed a First Amende...

Excerpt: ...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 PROFESSIONS CODE § 17...

Excerpt: ...a Complaint. On 5/19/22, Plaintiff filed a First Amended Complaint, alleging that plaintiffs contracted with Defendant UTOPIA DEVELOPMENT, INC. to remove a residential structure, at 549 Westminster Ave., Los Angeles, and to replace it with a new structure, but water staining, mold, delamination, plaster separation, and other damages resulted from defendants' contractor negligence and construction defects, including an improperly waterproofed home...

Excerpt: ...d costs, on bases including the following: · Plaintiff moves for an order awarding attorneys' fees under the “lodestar” method, in the amount of $54,338.00. · Plaintiffs also request a modest “lodestar” enhancement of 0.5, in the amount of $27,169.00, for a total of $81,507.00 as the attorneys' fees actually and reasonably incurred. · Plaintiff also moves for reimbursement of verifiable costs and expenses in the amount of $18,228.23. �...

Excerpt: ... Second Amended Complaint, alleging: Defendant SARGEANT MARK BAILEY subjected Plaintiff to a hostile working environment and discrimination. Other defendants, having a gang-like mentality of conspiring against those outside the inner group, did not respond to Plaintiff's complaints. Plaintiff complained of discrimination based on disability, sexual orientation, race, and retaliation for filing a worker's compensation claim. Also, the employer fai...

Excerpt: ...atory relief regarding insurance benefits, after petitioners allegedly sustained property damage and personal injury in a multi-vehicle accident in August 2019, involving a car owned or driven by the Lunas respondents, added as DOE amendments on 8/16/21, after the petitioners' depositions were taken. MP Positions Moving parties request an order sustaining the demurrer to the First Amended Complaint, on grounds including the following: · The Firs...

Excerpt: ...ERMINATION IN VIOLATION OF PUBLIC POLICY; 2. PREGNANCY DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 12940 et seq.; 3. RETALIATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; 4. FAILURE TO PREVENT PREGNANCY DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; 5. HOSTILE WORK ENVIRONMENT; 6. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 7. SEX DISCRIMINATION IN VIOLATION OF CAL. GOV. CODE § 129040 et seq.; and 8. DECLARATORY ...

Excerpt: ... in February 2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed the Cross-Complaint. On 5/2/22, Defendant AZIZBEK KURBANOV filed a First Amended Cross- Complaint against STATE FARM and three other alleged insurers, for breach of contract, bad faith and unfair business practices, alleging there was insurance coverage as to the rental of a TURO vehicle, and an automobile accident driving it, on 2/12/19. MP Positions Moving party requests an order g...

Excerpt: ...s 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 NUISANCE 7. TRESPASS 8. PRIVATE NUISANCE 9. TRESPASS 10. PRIVATE NUSINANCE...

Excerpt: ... for New Force International Education, and Plaintiff paid a total of $39,950.00. Defendant Weng deliberately used different business entities in the Service Contract, and on her business card, to confuse Plaintiff, and to create the false impression that she was a successful businesswoman with great resources and capabilities. The causes of action are: 1. INTENTIONAL MISREPRESENTATION 2. NEGLIGENT MISREPRESENTATION 3. RESCISSION OF CONTRACT 4. B...

Excerpt: ...iled the lead action, Lorenzo v. Los Morales (19STCV23612) against the trucking defendants. On 3/30/20, plaintiffs filed the Complaint, Lorenzo v. LAUSD (20STCV12415), against LAUSD and others. On 1/13/21, this lead case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. On 2/3/21, plaintiffs filed the Second Amended Complaint, regarding separately filed wrongful death lawsuits that arise out of the same double fatal pede...

Excerpt: ... this action, including constructive employment termination, and.alleging that Plaintiff worked as a maintenance worker, and employer Defendant City of Lawndale intentionally assigned Plaintiff to do work that violated his medical restrictions, and refused to offer available, reasonable work accommodations, based upon discrimination and retaliations. The causes of action of the Third Amended Complaint are: 1. VIOLATION OF THE FAIR EMPLOYMENT AND ...

Excerpt: ...and during Plaintiff's dental treatments, each defendant misrepresented, in a marketing scheme, to Plaintiff and others, that Defendant EDWARD MORANDO was licensed, authorized and qualified to perform tooth extractions and other dental services. Defendants ST. JOHN'S WELL CHILD & FAMILY MEDICAL CENTER and KOUROSH MICHAEL BERAL, D.D.S. and DR. DEHGHAN- SHIRAZI failed to properly train, screen, and supervise, management, staff and medical care work...

Excerpt: ... handcuffed and arrested him, and said they were looking for a robbery suspect who was an African American male, but it was not Plaintiff. The counts are: I. UNRUH CIVIL RIGHTS ACT, CIVIL CODE §§ 51 et seq. II. TOM BANE CIVIL RIGHTS ACT, CIVIL CODE § 52.1. III. BATTERY. IV. NEGLIGENCE. MP Positions Moving party requests an order directing Plaintiff to remove deputy video from you tube and other social media of Plaintiff, and imposing monetary ...

Excerpt: ...r compelling arbitration and staying this action, on grounds including the following: · Plaintiff entered into a Retail Installment Sales Contract containing a broad arbitration provision covering all claims arising out of the purchase or condition of his purchased Altima. · Nissan may enforce the Arbitration Provision pursuant to the doctrine of equitable estoppel. Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 496–99. · Nissan may enfo...

Excerpt: ... engage in a good-faith interactive process or reasonably accommodate Plaintiff's disability and discriminated and retaliated against Plaintiff based on her disability and whistleblowing. MP Positions Moving party requests an order sustaining the demurrer to the Fourth Cause of action for Whistleblower Retaliation of the Second Amended Complaint, and granting the motion to strike, on grounds including the following: · Plaintiff failed to present...

Excerpt: ...red engine and brake defects, which vehicle was manufactured by Defendant General Motors, LLC. MP Positions Moving parties request an order compelling Defendant's further document responses, and imposing monetary sanctions ($2,685.00), on grounds including the following: · Aside from asserting inappropriate objections, Defendant has failed to provide any substantive response to many of Plaintiffs' requests. · Requests for Production Numbers 19 ...

Excerpt: ...ase was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. On 2/3/21, plaintiffs filed the Second Amended Complaint, 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 fai...

Excerpt: ...filed a First Amended Petition, requesting declaratory relief regarding insurance benefits, after petitioners allegedly sustained property damage and personal injury in a multi-vehicle accident in August 2019, involving a car owned or driven by the Lunas respondents, added as DOE amendments on 8/16/21, after the petitioners' depositions were taken. MP Positions Moving parties request an order striking damages allegations barred by the two-year St...

Excerpt: ... RP: Plaintiff Defendant Summary On 10/16/20, Plaintiff MIKISHA CURRY filed a representative PAGA Complaint alleging that Defendant as employer at a nursing home committed various wage-and-hour violations. MP Positions Moving party requests an order compelling arbitration, and striking, dismissing or staying the non-individual PAGA claims, on grounds including the following: · Plaintiff had upon hire signed an agreement committing such claims to...

Excerpt: ...er sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff is seeking damages for unpaid rent for during, before and after the pandemic moratorium period. · County of Los Angeles' COVID-19 Resolution 1.25.2022 (1) bars commencement and litigation of a commercial unlawful detainer action until January 31, 2023, and (2) bars all actions on commercial lease guarantees until the same time. Also, the Resolution bars...

Excerpt: ...intiff to provide medical services to defendants' patients, but defendants conversely contend that Plaintiff is entitled to the professional fee liens for just 11 of approximately 270 procedures, and that defendants have not had any duty to exclusively use Plaintiff for some of the listed exclusive procedures. Additionally, defendants used Plaintiff's likeness on marketing material without Plaintiff's consent. MP Positions Moving party requests a...

Excerpt: ...al 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. 6. VIOLATION OF...

Excerpt: ...equest an order awarding attorneys' fees and costs, in the sum of $43,725.01, on grounds including the following: · GM merely contends that "Plaintiffs' counsels' fees are unreasonable and exaggerated" with the only evidence in support being the personal opinion of its counsel, which is not the standard upon which this Court must use in determining whether Plaintiffs are entitled to their fees and costs. Attorney fee awards should be "fully comp...

Excerpt: ...ent as camera operator, including by allowing ongoing sexual harassment by a coworker, and reducing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WORK ENVIRONMENT (CAL. GOV. CODE § 12940(J)) 2) DISCRIMINATION (CAL. GOV. CODE § 12940(A)) 3) RETALIATION FOR OPPOSING DISCRIMINATION AND HARASS...

Excerpt: ...er Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and access to Defendant CMI's and associated Defendant Sanaths' operations, along with all other aspects of the business, and Defendants refuse to acknowledge Plaintiffs' majority shareholder status, and ousted Plaintiffs. The causes of action are: 1) BREACH OF CONTRACT - WRITTEN 2) BREACH OF CONTRAC...

Excerpt: ...04. Allegedly, Plaintiff, and represented, aggrieved employees, experienced defendants' violations in Los Angeles, including failure to properly pay wages for all overtime and regular hours work, failure to properly calculate overtime compensation, unlawful meal and rest period policies, failure to pay all wages due to discharged or quitting employees, failure to maintain required records, failure to provide accurate itemized wage statements, fai...

Excerpt: ...l services to defendants' patients, but defendants conversely contend that Plaintiff is entitled to the professional fee liens for just 11 of approximately 270 procedures, and that defendants have not had any duty to exclusively use Plaintiff for some of the listed exclusive procedures. Additionally, defendants used Plaintiff's likeness on marketing material without Plaintiff's consent. MP Positions Moving party requests an order summarily adjudi...

Excerpt: ...14.16 total from bank accounts that Defendant orally agreed were her separate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had faked practicing her employing enti...

Excerpt: ...ANCARLO INCALZA filed a Complaint. On 3/22/21, Plaintiff filed a First Amended Complaint, alleging that defendants wrongfully terminated his employment, based on age discrimination, and fraudulently induced Plaintiff to sign a severance agreement, release, and illegal noncompetition agreement prohibiting work for Porsche, which he did not fully understand due to limited fluency in English, because of high- level management's repeatedly stating th...

Excerpt: ... The causes of action are: (1) DISCRIMINATION IN VIOLATION OF THE FEHA; (2) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (5) BREACH OF EXPRESS ORAL CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOODCAUSE; (6) BREACH OF IMPLIED-IN-FACT CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE. MP Positions...

Excerpt: ...cking noise in his chest, which thereafter was discovered to be an improperly closed chest plate by doctors at KECK MEDICAL CENTER OF USC. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The applicable one-year Statute of Limitations expired. · Plaintiff's Complaint states that plaintiff underwent a three-vessel coronary artery bypass graft surgery performed by DR. MAUE...

Excerpt: ...IOLATION OF THE FEHA; (2) HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (5) BREACH OF EXPRESS ORAL CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOODCAUSE; (6) BREACH OF IMPLIED-IN-FACT CONTRACT NOT TO TERMINATE EMPLOYMENT WITHOUT GOOD CAUSE. MP Positions Moving party requests an order compelling arbitra...