Excerpt: ... in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, and granting the motion to strike, on bases includin...

Excerpt: ...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 litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-co...

Excerpt: ...luding that, plaintiffs are entitled to various security interests, and damages, related to business loans made, and that, about September 10, 2015, as an inducement to plaintiffs to grant financial accommodations to non-party, 450 5. Western, LLC, individual defendants executed written guaranty agreements, as to obligations of that non-party. The causes of action are: 1. BREACH OF WRITTEN GUARANTY AGREEMENT 2. BREACH OF WRITTEN GUARANTY AGREEMEN...

Excerpt: ...tion 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson saw a doctor for ...

Excerpt: ...O CODE OF CIVIL PROCEDURE SECTION 597; OR, IN THE ALTERNATIVE, IN LIMINE, TO EXCLUDE EVIDENCE RELATING TO DOE DEFENDANT ROBERT WADE LOHMAN AS BARRED BY THE STATUTE OF LIMITATIONS. Notice: Okay Opposition MP: DOE NO. 1 Defendant ROBERT WADE LOHMAN RP: Plaintiff Summary On 3/18/19, Plaintiff MATTHEW BOELK filed a Complaint against Defendant LAURA CHAMBER, alleging: 9. Plaintiff is informed and believes and thereupon alleges that in or about 11 Sept...

Excerpt: ...horized 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 litigants, filed a Cross-Complaint alleging t...

Excerpt: ...MENTS (SET ONE). MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS FOR DEFENDANT'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS AND NOT DEEM MATTERS ADMITTED. MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE). MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE). Notice: Okay Opposition MP: Defendant Plaintiff RP: Plaintiff Defendan...

Excerpt: ...d rest periods), and provisions of Labor Code section 226. 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); 4. FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCE...

Excerpt: ...cess or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. The causes of action of the Complaint are: 1. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(m) [FAILURE TO ACCOMMODATE DISABILITY] 2. VIOLATIONS OF CALIFORNIA GOVERNMENT CODE §12940(n) [FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS] AGAINST ALL DEFENDANTS 3. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(a) [DISABILITY DISCRIMINATI...

Excerpt: ... her promises of selling residential property-- 3870 Clinton Street, Los Angeles, California 90004. On 2/21/20, Plaintiff filed an application for publication, which was approved by the Court on 4/13/20. On 9/15/20, a Request for Entry of Default was filed. On 2/8/21, a Default Judgment was issued by the Court, ordering that Defendant VIRGINIA shall specifically perform under the terms of the Agreement and sign all necessary documents and complet...

Excerpt: ...ent to the jury, in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: ·...

Excerpt: ...ty, 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 litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-complaints, having unrepaired habitabilit...

Excerpt: ..., owned as Plaintiff's separate property prior to the parties' marriage, was a transfer made without consideration to the Plaintiff and to the community property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests reconsideration of orders made 7/26/2021, granting Plaintiff Margarita Rosiak's Moti...

Excerpt: ...e for Plaintiff investing money. The causes of action are: MP Positions Moving parties request an order sustaining the demurrer to the Causes of Action of the First Amended Complaint, on bases including the following: · Contract Breach: Plaintiff fails to identify the parties to each contract, the basic terms of these contracts, or whether they are oral, written, or implied in fact. It is unclear how many agreements are alleged to have been made...

Excerpt: ...P: 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 overcharge plaintiff for sauces it purchased from defendants. Plaintiff operates restaurants that serve ramen noodles and related food products. Plaintiff alleges that Defendant ...

Excerpt: ...f, against Defendant AMERICAN GUARANTEE AND LIABILITY 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 ...

Excerpt: ... infestations, under the ownership or management of defendants. MP Positions Moving party requests a protective order limiting the 360 Requests for Admissions, Set One, and Form Interrogatories, Set One, propounded by Plaintiffs, or a 120-day extension to respond. The motion is based on grounds including the following: · The discovery propounded is overly burdensome and oppressive insofar as it is vague, ambiguous, and calls for legal contention...

Excerpt: ...e corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: · Plaintiff attempts to bring an action...

Excerpt: ...., alleging that Defendant breached “Wayfarer Subcontract,” including by failing to complete work, and failing ailing to timely compensate its vendors and employees. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT (442 OCEAN PROJECT) 2. BREACH OF CONTRACT (WAYFARER PROJECT) 3. BREACH OF CONTRACT (207 E. SEASIDE PROJECT) 4. INTENTIONAL MISREPRESENTATION (442 OCEAN PROJECT) 5. INTENTIONAL MISREPRESENTATION (WAYFARER PROJECT) 6. INTE...

Excerpt: ...N (CAL. GOV'T CODE § 12940(A)); 2. FAILURE TO ACCOMMODATE (CAL. GOV'T CODE § 12940(M)); 3. FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS (CAL. GOV'T CODE § 12940(N)); 4. RETALIATION UNDER FEHA (CAL. GOV'T CODE § 12940(H)); 5. FAILURE TO PREVENT DISCRIMINATION (CAL. GOV'T CODE § 12940(K)); 6. INTERFERENCE UNDER CFRA (CAL. GOV'T. CODE § 12945.2(Q)); 7. RETALIATION UNDER CFRA (CAL. GOV'T. CODE § 12945.2(K)); AND 8. WRONGFUL TERMINATION IN VIOLA...

Excerpt: ...laint alleging: Mrs. Lam “was found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvi...

Excerpt: ...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. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 6. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 7. FAILURE TO PREVENT DISCRIMINATION, HARASS...

Excerpt: ... 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 containing the forged additional provision added by Defendant was void the instant the Court signed the forged order. On 8/9/21, plaintiffs filed a request for dismissal of this entire action...

Excerpt: ... Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY 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...

Excerpt: ...ril 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 10/6/21, the Court of Appeal summarily denied, the unopposed petition for writ of mandate filed on August 16, 2021, by Defendant LA...

Excerpt: ...American, Fire Prevention Officer in the department) filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIAT...

Excerpt: ... tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-conspirators. Further, Plaintiff alleges that the premises had various uninhabitable conditions, and The causes of action are: 1....

Excerpt: ... GRANTED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. ...

Excerpt: ...n 2/16/21, Plaintiff filed a First Amended Complaint, alleging that defendants created a mentorship and networking 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...

Excerpt: ...-represented litigant, filed a Complaint. On 5/18/21, Plaintiff filed a First Amended Complaint, alleging that Plaintiff was a tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-con...

Excerpt: ...ed a 2016 Nissan Sentra, having serious defects and nonconformities to warranty, including, the transmission and related systems engine and related system, brake and related system, emissions system, lack of power, smoke from exhaust, vehicle stalling, vehicle shutting off, and mass air-flow meter. The causes of action are: 1. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF EXPRESS WARRANTY; 2. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF IM...

Excerpt: ...SSOCIATES LLC filed a Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY 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...

Excerpt: ...ST, 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 commenced (but not completed) 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 ...

Excerpt: ...COMPANY. RP: Plaintiff Summary On 10/14/20, Plaintiff GARDASH LLC d/b/a GQ HOOKAH LOUNGE filed a First Amended Complaint alleging that, on or about March 12, 2020, Plaintiff's residential property was damaged, when a water 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 defendan...

Excerpt: ...olation of Public Policy; (2) Retaliation in Violation of Public Policy; (3) Disability Discrimination (FEHA); (4) Hostile Work Environment Harassment (FEHA); (5) Failure to Provide Timely Access to Employee Payroll and Personnel Records; (6) Failure to Prevent Harassment, Discrimination, or Retaliation (FEHA); (7) Failure to Engage in the Interactive Process (FEHA); (8) Failure to Provide Reasonable Accommodations (FEHA); (9) Failure to Provide ...

Excerpt: ...-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONG-BEVERLY ACT SECTION 1793.2 4. VIOLATION OF THE SONG-BEVERLY ACT SECTION 1793.22 - TANNER CONSUMER PROTECTION ACT 5. NEGLIGENT REPAIR. The case settled, starting with the stipulations filed 9/17/20 and 11/2/20. MP Positions Moving parties request the Court to award attorney fees and costs ($22,821.50, with multiplier of ...

Excerpt: ...fendants KARKOUR SIMONIAN, SIMON SIMONIAN, KARKOUR FINE JEWELRY, INC., and KFJ TRADING INC., alleging that, as collateral for a debt, Defendants fraudulently provided Plaintiff with twenty-five wrist watches that Defendants represented to Plaintiff were valued at $140,331, but the worth was actually $57,500 or less. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 3. QUANTUM MERUIT 4. ACCOUNT ST...

Excerpt: ...No. BC560906, was conducted negligently, and in a conflicted manner advantageous to its client Farmers Insurance, which caused an adverse judgment by Judge Fruin, after trial, and Plaintiff's need to settle the for $170,000, so that the court would not award attorney's fees estimated at about $200,000. On 1/14/21, plaintiffs filed the Second Amended Complaint, having causes of action for: 1. BREACH OF FIDUCIARY DUTY 2. NEGLIGENCE. Per the 6/22/20...

Excerpt: ...contractual obligations owed to CityLift, disparaging 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 ...

Excerpt: ...efective plumbing, flooring and weather proofing, defective flooring, defective windows, defective doors, and cockroach, bedbug, and rodent infestations. The causes of action are: 1. VIOLATION OF CIVIL CODE § 1942.4 2. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY 3. PRIVATE NUISANCE 4. BUSINESS & PROFESSIONS CODE § 17200 ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET ENJOYMENT 7. VIOLATION OF LOS ANGELES MUNICIPAL CODE §§ 152.06, 152...

Excerpt: ...mprovement agreement, after fire damage caused to the individual owner defendants' home. The causes of action are: 1. BREACH OF OBLIGATION TO PAY MONEY 2. BREACH OF WRITTEN CONTRACT 3. FORECLOSURE OF MECHANIC'S LIEN 4. REASONABLE VALUE OF LABOR AND MATERIALS FURNISHED. On 5/2/19, the Court entered judgment in favor of Defendants STACY BARNHISEL and JOSHUA HABER and against Plaintiff TRICOAST BUILDERS, INC. The Judgment was affirmed by unpublished...

Excerpt: ...as found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvious head trauma and physical ...

Excerpt: ...nd Defendants undertook to act on Plaintiff's behalf in acquiring a suitable property for Plaintiff, but made misrepresentations about property desirability, to induce Plaintiff's undesired purchase, resulting in Defendant's obtaining a commission. The causes of action are: (1) BREACH OF CONTRACT (2) NEGLIGENT MISREPRESENTATION (3) BREACH OF FIDUCIARY DUTY. MP Positions Moving party requests an order sustaining the demurrer to the 1 st and 3 rd C...

Excerpt: ...that defendants breached two settlement agreements, accepted by email and by conduct, regarding Plaintiff's underlying case, about being unable to obtain or sell the vast majority of his shares of Global Eagle Entertainment, Inc. stock. The causes of action are: (1) BREACH OF WRITTEN CONTRACT (2) BREACH OF WRITTEN CONTRACT. On 3/18/19, Defendant filed a Cross-Complaint against Plaintiff, having claims for: (1) BREACH OF CONTRACT (2) DECLARATORY R...

Excerpt: ...n 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 updates in training and notice of...

Excerpt: ...nd on the sidewalk, and violated laws in store operation. Defendant and Cross-Complainant SOLEYMAN SEFARADI filed a First Amended Cross- Complaint seeking an equitable easement over the LARSON'S property. MP Positions Moving parties request to issue protective orders, for reasons including the following:  The Court should find that Albees Defendants fail to meet their burden of justifying the number of the interrogatories. There is no justific...

Excerpt: ...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 procedures. Defendants subjected Plaintiff to a deliberate course of harassment, demeaning remarks...

Excerpt: ...sfer made without consideration to the Plaintiff and to the community property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoenas (to Rivera Health Care Center, and Chase Bank), and awarding monetary sanctions ($3,540, for each motion), on ground...

Excerpt: ...  Plaintiff filed an earlier class action on December 16, 2020, entitled Justin Grant, individually and on behalf of himself and all other similarly situated, v. T-Mobile USA, Inc., Los Angeles County Superior Court Case No. 20STCV48067, which was removed to the United States District Court.  There are two courts potentially ruling on the same labor code violations involving the same employer and employees.  Plaintiff does not dispute th...

Excerpt: ...On 10/23/19, Plaintiff filed a Complaint alleging that, as the result of a staged car accident, Plaintiff reasonably relied to its detriment on the Defendants' misrepresentations that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach o...

Excerpt: ...parties requests an order sustaining the demurrer to the First Amended Complaint regarding Intentional Infliction of Emotional Distress, and granting the motion to strike punitive damages, and ratification allegations, on bases including the following:  Intentional Infliction of Emotional Distress is unsupported.  The FAC alleges no facts indicating Defendant misrepresented Plaintiff's employment status at the time they updated his employme...

Excerpt: ...HE10 (“USB”). JOINDER OF MORTGAGE GUARANTY INSURANCE CORPORATION TO DEFENDANT U.S. BANK NATIONAL ASSOCIATION'S DEMURRER TO COMPLAINT. RP: Plaintiff Summary On 3/10/21, Plaintiff JERRILYNN ROBERSON, a self-represented litigant, filed a 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 ...

Excerpt: ...ecame 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 and disciplines, wrongful terminatio...

Excerpt: ...inancing commitment, and pay a two-percent success fee to Plaintiff, if any senior secured debt financing was closed during Plaintiff's exclusive period to obtain such financing. The causes of action are: (1) BREACH OF CONTRACT (2) FRAUD – FALSE PROMISE (3) INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS (4) NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS (5) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING. MP Posit...

Excerpt: ... a First Amended Complaint, alleging that Defendant CLEAN UP AMERICA, INC. (CUA) failed to pay all sums due for professional waste transportation services, in a project, and defendants MERCO, LLC and/or CAL-DORAN REL ESTATE, INC. are the owners of the subject real property. Those causes of action are: 1. BREACH OF WRITTEN CONTRACT 2. COMMON COUNTS. On 6/26/20, Plaintiff filed a request for dismissal of Plaintiff's entire action, filed 6/26/20. On...

Excerpt: ...terior. 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 party requests an order granting judgment on the pleadings as to the Complaint, on grounds including the following:  Standing: The Song-Beverly Act establishes that Ordonez is not a “buyer” wit...

Excerpt: ...alance owed. The causes of action are: 1. BREACH OF CONTRACTS; 2. OPEN ACCOUNT; 3. ACCOUNT STATED; 4. GOODS SOLD AND DELIVERED (QUANTUM VALEBANT); 5. CONVERSION; 6. CLAIM AND DELIVERY; 7. PROMISE WITHOUT INTENT TO PERFORM; 8. INTENTIONAL MISREPRESENTATION; 9. NEGLIGENT MISREPRESENTATION; 10. FRAUDULENT TRANSFERS/CONVEYANCES/CONSPIRACY TO DEFRAUD, AND TO SET ASIDE OR ANNUL FRAUDULENT TRANSFERS/CONVEYANCES; 11. FRAUDULENT TRANSFERS/ CONVEYANCES, AN...

Excerpt: ... filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIATION 5. REDRESS DISCRIMINATION DUE TO ASSOCIATION 6. ...

Excerpt: ...ant ROUTE 66 POST ACUTE LLC, where she worked as a dietary aid, until August 2019, representing a class of approximately 357 current and former nonexempt hourly employees, asserting Defendant is liable for (1) failing to provide rest periods; (2) failing to provide uninterrupted, 30-minute minimum first and second meal periods; (3) failing to timely pay all wages owed; (4) failing to provide accurate payroll records; and (5) engaging in unlawful ...

Excerpt: ...fined in terms of the court's loss of ability to grant effective relief.” Breaux v. Agricultural Labor Relations Bd. (1990) 217 Cal. App. 3d 730, 743. Collateral Estoppel - Affirmative Defenses Of Estoppel (7th), Unclean Hands (8th), Breach Of Contract/Excuse (10th), Comparative/Contributory Fault (15th), Indemnity/Contribution (17th), And Offset/Setoff (22nd). The issues in the earlier proceedings were in very different procedural and legal co...

Excerpt: ...iff can perform job), 3 (whether Plaintiff was retaliated against before a delayed transfer accommodation), 6 (whether Defendant retaliated or engaged in interactive process and reasonably accommodated, by medical leave, in questioning the disability, delaying Workers' Compensation benefits, and removing Plaintiff's police powers and equipment), 7 and 24 (whether Defendant denied reasonable accommodation after requested return to work), 19-22 (wh...

Excerpt: ... 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. MP Positions Moving party requests an order sustaining the demurrer to the Second Amende...

Excerpt: ...ity property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoena to Chase Bank, and awarding discovery sanctions ($3,540), on bases including the following: 1. Defendant failed to serve on Ms. Vargas and Plaintiff a notice to consumer and a copy of...

Excerpt: ...rate 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 entity's religion, and that Plaintiff hacked Defendant's email and was engage...

Excerpt: ...ns to Plaintiff, and from Defendant's intentional misclassification of Plaintiff as an independent contractor, working in property management. MP Positions Moving party requests the Court to enforce the discovery order of 9/2/20, and to impose $6,246.15 sanctions, on grounds including the following:  Defendant was ordered to produce all financial records reflecting revenues and expenses pertaining to specific properties Plaintiff alleges he br...

Excerpt: ...e, CA 91733. Chan alleged that Defendants were the landlords and he was the tenant at the property, and that Defendants breached the warranty of habitability by leasing the property to Chan. The complaint alleged causes of action for: 1) FRAUD BY INTENTIONAL MISREPRESENTATION; 2) PERSONAL INJURIES BASED ON NEGLIGENCE (Civ. Code §§ 1714(a), 3333); 3) RETROACTIVE RENT ABATEMENT; 4) BREACH OF IMPLIED WARRANTY OF HABITABILITY; 5) NEGLIGENT MAINTENA...

Excerpt: ... 3. FRAUD 4. COMMON COUNT OF MONEY HAD AND RECEIVED. On 4/19/21, Plaintiff filed a Request for Dismissal of Defendant, Soli Besharat. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on bases including the following:  There is no corporation named Soli Architectural Services, Inc., and so a defect or misjoinder of parties exists, and the Court should sustain Defendant's Demurrer as to Plaintiff's entire com...

Excerpt: ...rth Mentor Avenue, Pasadena, and the City filed the operative Second Amended Complaint to permanently enjoin Defendants from operating unlawful and unlicensed cannabis dispensaries and to abate these dispensaries as nuisances per se Judgment on the pleadings against defendants was entered on 3/23/21. MP Positions Moving party requests attorneys' fees, on grounds including the following:  The City is entitled to recovery of its reasonable attor...

Excerpt: ...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 constructive ...

Excerpt: ...ntiff Summary On 3/10/20, Plaintiff FRANCI ZALON filed a Complaint alleging that, Defendant, a Homeowners Association, failed to repair moisture intrusions and flooding, defective water proofing and defective structural components of the common areas, at Whitsett Court Condominiums, where Plaintiff is an owner of a condominium unit. The causes of action are: 1. BREACH OF GOVERNING DOCUMENTS (BYLAWS/CC&RS) - CAL. CIV. CODE §§4775, 5975) 2. NEGLI...

Excerpt: ...t 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-BEVERLY CONSUMER WARRANTY ACT,...

Excerpt: ...ons that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach of contract because the insurer failed to pay $131,863.63 in repairs to the contracting insured Cross-Complainant, for the insured vehicle, following an automobile collision. M...

Excerpt: ...s, 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 constructive eviction, and having claims for: 1. RESTITUTION B...

Excerpt: ...MP Positions Moving party requests an order compelling Defendant's further responses to Plaintiff's Request for Production of Documents numbers 30-33, and awarding $2,310 in sanctions, on bases including the following:  The requests seek documents and evidence describing or tracking repairs related to various consumer complaints from the same make, model, and year as Plaintiff's vehicle, which are relevant to prove a violation of the Song-Beve...

Excerpt: ...iff'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 Amended Cross-Complaint against Pla...

Excerpt: ...ked asphalt caused Plaintiff to trip, fall and strike her head, resulting in a traumatic brain injury and other injuries. The causes of action are: (1) NEGLIGENCE (Cal. Gov. Code § 815.2, 820(a)) (2) NEGLIGENT SUPERVISION (Cal. Education Code § 44807) (3) DANGEROUS CONDITION OF PUBLIC PROPERTY (Cal. Gov. Code § 835). Positions Defendant requests the Court to deem waived privileged documents, on bases including the following:  Plaintiff's ex...

Excerpt: ...is a convicted felon, (2) served 15 years in prison, (3) dealt crack cocaine, (4) possessed illegal guns and (5) threatened to kill a real estate agent. The causes of action are: 1. DEFAMATION; 2. RALPHS CIVIL RIGHTS ACT (VIOLATION OF CAL. CIV. CODE § 51.7); 3. BANE ACT (VIOLATION OF CAL. CIV. CODE § 52.1); 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 5. INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS; 6. INTENTIONAL INTERFERENCE WITH P...

Excerpt: ...er derivative action, as majority shareholder and President of The Palms Restaurant, Inc., arising from wrongful actions of defendants, as shareholders, JOEL FLORIAN and YADIRA FLORIAN. The causes of action are: (1) BREACH OF DUTY OF PRUDENCE & GOOD FAITH-GROSS MISMANAGEMENT-CORPORATE WASTE (2) BREACH OF FIDUCIARY DUTY OF LOYALTY — CONVERSION (3) REMOVAL OF DIRECTORS, CORP. CODE SECTION 304 (4) DECLARATORY RELIEF (5) FAILURE TO PRODUCE CORP., C...

Excerpt: ...deling of their owned home, but failed to pay for a significant portion of the construction work. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT 2. REASONABLE VALUE OF WORK 3. FORECLOSURE OF MECHANICS LIEN. A Cross-Complaint was filed, on 8/3/20, by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. Another Cross-Complaint was filed, on 4/27/21, b...

Excerpt: ...ality 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 AND NEGLIGENT MISREPRESENTATION. MP Positions Moving party requests an order granting partial judgment on the pleadings, as to fraud and negligent misrepresentati...

Excerpt: ...e partitioned, because of disputes as to how best to administer the Property and lease it out, after defendants breached an oral agreement, they confirmed by letter, by not fully paying rent, while living there for years, MP Positions Moving party requests an order sustaining the demurrer, and granting the motion to strike, on bases including the following:  Statute of Limitations: Plaintiff's cited authorities for characterizing the October 2...

Excerpt: ... in flipping a condominium project, but instead converted the funds to their own use, thereby causing Plaintiff to lose $2,585,858.33, and other investors to lose tens of millions of dollars. The causes of action are: 1. FRAUD 2. BREACH OF FIDUCIARY DUTY 3. DISSOLUTION OF CORPORATION 4. ACCOUNTING. On 6/16/20, defaults were entered against defendants. MP Positions Moving party requests an order vacating default, under CCP Section 473.5, on ground...

Excerpt: ...rable reverse shifting. MP Positions Moving party requests an order compelling Defendant to serve further responses to form interrogatory 12.1, on grounds including the following:  The instructions on the first page of the official form interrogatories specifically identify the term "INCIDENT" is to be applied to the injury date or, the breach of contract, or the "set of circumstances" leading up to the dispute. This is a breach of warranty ca...

Excerpt: ...nsmission, control system, and inoperable reverse shifting. MP Positions Moving party requests an order compelling Defendant to serve further responses to requests for production of documents nos. 1-3, 9, 13-17, 34-48, on grounds including the following:  Defendant's responses are incomplete, evasive, and its effort to point to select documents in lieu of producing all responsive documents was ineffective.  Plaintiffs seek to evidence that ...

Excerpt: ...SURANCE CO.; and SURETEC INSURANCE COMPANY; and BRADLEY C. CHAPMAN. RP: Plaintiff Summary On 7/30/20, Plaintiff filed a Complaint. On 12/4/20, Plaintiff filed a First Amended Complaint, alleging that defendants refused to turn over to Plaintiff money due and owing as payment for work done installing equipment for William S. Hart Union High School District, and Inglewood Unified School District. The causes of action are: 1. BREACH OF CONTRACT; 2. ...

Excerpt: ...aintiff TRICOAST BUILDERS, INC. filed a Complaint alleging that it has not been fully paid for a work authorization agreement and home improvement agreement, after fire damage caused to the individual owner defendants' home. The causes of action are: 1. BREACH OF OBLIGATION TO PAY MONEY 2. BREACH OF WRITTEN CONTRACT 3. FORECLOSURE OF MECHANIC'S LIEN 4. REASONABLE VALUE OF LABOR AND MATERIALS FURNISHED. On 5/2/19, the Court entered judgment in fav...

Excerpt: ...MP Positions Moving party requests an order compelling Defendant's further responses to Plaintiff's Request for Production of Documents numbers 30-33, and awarding $2,310 in sanctions, on bases including the following:  The requests seek documents and evidence describing or tracking repairs related to various consumer complaints from the same make, model, and year as Plaintiff's vehicle, which are relevant to prove a violation of the Song-Beve...

Excerpt: .../21/20, Plaintiff filed a First Amended Complaint alleging: In and around January 15, 2019, Kwon withdrew approximately $442,244.43 from the Lightspeed accounts, leaving a balance of $340,613 in the Lightspeed accounts. This was not Kwon's money, nor had Cho provided Kwon with any authority to remove these funds. Cho confronted Kwon about the withdrawals and he apologized to Cho by text, agreeing to return the money that he had withdrawn from the...

Excerpt: ...home, but failed to pay for a significant portion of the construction work. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT 2. REASONABLE VALUE OF WORK 3. FORECLOSURE OF MECHANICS LIEN. A Cross-Complaint was filed, on 8/3/20, by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. Another Cross-Complaint was filed, on 4/27/21, by GMP ASSOCIATES, INC....

Excerpt: ... 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 procedures. Defendants subjected Plaintiff to a deliberate course of harassment, deme...

Excerpt: ...CLAUDIA YUN KANG OH, FRANK OH, THOMAS OH. Summary On 5/28/20, Plaintiffs filed a Complaint alleging the following: After agreeing to a partnership agreement, Defendant J. SUH– an experienced real estate broker and manager of commercial properties– breached an agreement to perform the duties of managing, engaged in converting funds for personal use, and fraudulently induced plaintiffs to sell their ownership interests by communicating substant...

Excerpt: ...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 entity's religion, and that Plaintiff hacked Defendant's email and wa...

Excerpt: ...L CITY COMMUNITY HEALTH CENTER, INC. (e.g., theft of public funds), and issued an incorrect audit opinion in September 2017, as to which plaintiffs, as corporate officers and whistleblowers, had provided plentiful contrary proof to Defendant, which caused the corporate bad actors to remain in power, to fire plaintiffs in March 2017, and plaintiffs not to be later reinstated. The causes of action are: 1. INTENTIONAL INTERFERENCE WITH PROSPECTIVE E...

Excerpt: ...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) UNJUST ENRICHMENT (...

Excerpt: ...iled a First Amended Complaint. On 2/25/20, plaintiffs filed a motion for leave to file a Second Amended Complaint, alleging that plaintiffs entered into written 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) B...

Excerpt: ...otal 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 entity's re...

Excerpt: ...employment, after he requested owed wages. The causes 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 ENVIORNMENT IN VIOLATION OF GOVT. CODE §12940 ET SEQ. 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 9. NEGLIGENT INFLICTI...

Excerpt: ...nting Plaintiff exclusive rights to proprietary custom spice blends, formulations and recipes, in growing the business called “San Pedro Fish Market,” including by interfering with Plaintiff's business arrangements, and reneging on compensation agreements. The causes of action are: 1. BREACH OF ORAL CONTRACT 2. TORTIOUS INTERFERENCE WITH WRITTEN CONTRACT OR PROSPECTIVE BUSINESS ADVANTAGE 3. NEGLIGENT INTERFERENCE WITH PROSPECTIVE BUSINESS ADV...

Excerpt: ...er, including based on Plaintiff's medical conditions 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...

Excerpt: ...n investing member, but, in a conspiracy with other defendants, concealed self- dealing in buying and selling real properties, and in assigning membership interests and misrepresenting profits and amounts due for distributing. The causes of action are: 1. INTENTIONAL CONCEALMENT 2. CONSPIRACY 3. BREACH OF CONTRACT 4. BREACH OF FIDUCIARY DUTY 5. ACCOUNTING. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Co...