Excerpt: ... conditions, after Plaintiff reported a safety issue and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETALIATION IN VIOLATION OF GOV'T CODE §12940(k...

Excerpt: ...t, 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 an...

Excerpt: ... clicking 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. · According to the complaint, the surgery occurred in June, 2020 at Huntington Hospital. (Compl. ¶ 25.) Then, Plaintiff alle...

Excerpt: ... On 4/6/21, Plaintiff J-M MANUFACTURING COMPANY, INC. filed a Complaint. On 8/25/21, Plaintiff filed a First Amended Complaint, alleging: Defendant WFBM, LLP provided legal representation as to a 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 gross...

Excerpt: ...to amend as to the first, second, and fourth causes of actions. Plaintiff is granted 30 days leave to amend as to the seventh, eighth, and ninth causes of action. Defendants are to give notice. Background This landlord/tenant action arises out of a lease by Brad Axelrod (“Plaintiff”) of real property located at 1646-1646 ½ South Holt Avenue, Los Angeles, California (the “Property”). Plaintiff alleges the lease was for an illegal dwelling...

Excerpt: ...PUTY SHERIFFS. RP: Respondent/Cross-Petitioner HONORABLE ALEX VILLANUEVA, SHERIFF; ASSOCIATION FOR LOS ANGELES DEPUTY SHERIFFS (proposed opposition in intervention). Petitioner/Cross-Respondent COUNTY OF L.A. Summary On 10/12/21, Petitioner County of L.A. filed the First Amended Petition, alleging that the Sheriff's refusal to comply with a Subpoena issued by the Office of Inspector General (OIG), on 2/25/21, subjects him to enforcement via proce...

Excerpt: ...individual, as alter egos. MP Positions Moving party requests an order amended the Default Judgment, on grounds including the following: · “M ELLIS INVESTMENTS, INC.,” associated with Defendant's sister, apparently is an alter go of defendants, which received some of defendants' assets, to evade Plaintiff creditor. Tentative Ruling The unopposed motion is granted. The Court will sign and file an amended default judgment adding as Defendant �...

Excerpt: ...LZA 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 that the agree...

Excerpt: ...OF SONG-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. MP Positions Moving party requests an order compelling this action into arbitration, on grounds including the following: · When the subject vehicle was leased, it was done in connection with a Mo...

Excerpt: ...Complaint alleging a controlling owner's decision to unlawfully expel Plaintiff as a minority owner in Defendant HIDDEN PPF, LLC, and to strip Plaintiff's vested 15% equity membership interest in a multimillion-dollar company, plus defendants terminated Plaintiff's employment without cause and without paying Plaintiff compensation due. The causes of action are: 1. BREACH OF CONTRACT; 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALIN...

Excerpt: ...habilitation since the City had issued, on 1/20/22, a Legal Notice and Order to Repair or Abate. MP Positions Moving party requests an order awarding attorneys' fees ($12,722.60) and expenses ($400.00), on grounds including Health and Safety Code sections 17980.7(c)(11) and 17980.7(d)(1), Code of Civil Procedure section 1032(a)(4), and LMC section 3-16.09, and the following: 1. Before filing this action, the Subject Property contained numerous vi...

Excerpt: ...ants 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 that the agreement was drafted to mean that Plaintiff could apply for other jobs at Porsche, and then defendants...

Excerpt: ...gligently did not repair uninhabitable conditions including: (a) Cockroach infestation; (b) Bedbug infestation; (c) Rodents infestation; (d) Termite infestation; (e) Water leaks and plumbing issues; (f) Cracks and crevices throughout the units; (g) Deteriorating cabinetry; (h) Missing or defective smoke or carbon monoxide detector; (i) Door frame damage; (j) Damaged flooring/tile; (k) Plumbing work done without a permit or inspection approval; (l...

Excerpt: ... ANYANWU filed a Complaint. On 4/15/22, Plaintiff filed a First Amended Complaint, alleging: Before 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. DEHGH...

Excerpt: ...t practices, including failing to properly calculate the regular rate of pay for purposes of paying overtime, meal period premiums and sick pay, provide off-duty rest breaks, pay all wages owed upon separation of employment, and provide accurate itemized wage statements to Plaintiff and the Aggrieved Employees. MP Positions Moving party requests the Court to approve a PAGA settlement, on bases including the following: · The settlement was reache...

Excerpt: ...rned without parts, and the decedent had owed Plaintiff for an unpaid loan in breach of contract. The causes of action are breach of contract and common counts. MP Positions Moving party requests an order granting judgment on the pleadings on the Complaint, on grounds including the following: • Plaintiff's Complaint against the Defendant, Maricela Montelongo, The Administrator of the Estate of Klaus Goettel (“Administrator”) is time barred ...

Excerpt: ...f as to rights or obligations under an insurance policy regarding an alleged car accident in February 2021. On 9/23/21, Defendant AZIZBEK KURBANOV filed a 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. MP Positions Moving party requests an order sustaining the demurrer to the First Ame...

Excerpt: ...ges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) On February 28 and March 1, 2022, a bench trial was held where Plaintiff prevailed. The Co...

Excerpt: ...causes of action are: 1. FAILURE TO PAY STATUTORILY MANDATED WAGES; 2. FAILURE TO PROVIDE ACCURATE ITEMIZED EARNINGS STATEMENTS; 3. INDEMNIFICATION OF EMPLOYEE EXPENSES; 4. PROMISSORY FRAUD; 5. BREACH OF EXPRESS CONTRACT; 6. UNFAIR BUSINESS PRACTICES. MP Positions Moving parties request an order sustaining the demurrer, as to one contract of the contract claim, on grounds including the following: · There was no formation of the alleged settlemen...

Excerpt: ...a large animal kennel operation on residential property, in violation of zoning and permit laws, causing odors, noise and disease risks, and making unlivable plaintiffs' residence located at 8743 Wonderland Park Avenue, Los Angeles. The causes of action are: (1) PRIVATE NUISANCE [CIVIL CODE §§ 3479, 33481]; (2) TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTION [CODE OF CIVIL PROCEDURE § 526]; (3) DECLARATORY JUDGMENT. MP Positions Moving partie...

Excerpt: ... and transmission problems, not repaired after a reasonable number of attempts. MP Positions Moving parties request an order compelling Defendant to serve further document responses, on grounds including the following: · Defendant does not provide a Code-compliant response, by failing to indicate its level of compliance with Plaintiffs' requests, and lodging boilerplate objections, making it nearly impossible for Plaintiff to determine whether D...

Excerpt: ...Deputy Sheriff, caused to be received a 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 com...

Excerpt: ...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 religio...

Excerpt: ...ss-Defendant BROADWAY EXCHANGE filed a Complaint alleging that, around February 2015, it entered into a commercial lease, and a personal guaranty, with Defendant/Cross-Complainant VIANEY SANDERSON, to rent the premises, but starting around April 2020, SANDERSON failed to pay rent, and so Plaintiff seeks to recover damages it incurred as a result of SANDERSON breaching her lease and personal guaranty. On 3/15/21, Defendant SANDERSON filed a First ...

Excerpt: ...thereafter experienced unrepaired problems, such as with air conditioning system failure, display issues, and squeaking brakes. MP Positions Moving party requests an order compelling arbitration, and staying this action, on grounds including the following: · Plaintiff entered into a Retail Installment Sales Contract (“Sales Contract”) that contained a broad arbitration provision. · Nissan may enforce the Arbitration Provision pursuant to th...

Excerpt: ...the warranty did not cover commercial business that Defendant knew plaintiffs planned for the vehicle, and so plaintiffs did not obtain added coverage to pay for future vehicle repairs. MP Positions Moving party requests a protective order quashing all plaintiffs' discovery except for just form interrogatories, and imposing monetary sanctions ($2,025), on grounds including the following: · Plaintiffs included many irrelevant Lemon Law discovery ...

Excerpt: ...a wet floor of a restaurant and grocery store called Super Tiendas La Tapachulteca, at 6569 Van Nuys Blvd., Van Nuys, and has obtained a judgment in a prior action, which he has been unable to enforce, due to a fraudulent conveyance. On 3/11/21, Plaintiff filed motion for leave to file a First Amended Complaint, adding two defendants. MP Positions Moving party requests an order compelling further responses to special interrogatories, and to docum...

Excerpt: ...ir dangerous habitability violations, including water bug infestation, mold contamination, dysfunctional plumbing systems, dysfunctional electrical systems, improper fire protection systems, and improper ventilation, which caused Plaintiff to experience immense stress, anxiety, depression, fearfulness, worry, loss of appetite, loss of sleep, nightmares, disgust, shame, and embarrassment. The causes of action are: 1. VIOLATION OF CALIFORNIA CIVIL ...

Excerpt: ...ANTS as an Accounting Manager on or about August 23, 2019. 10. Approximately five months into her employment with ENTITY DEFENDANTS, PLAINTIFF was consistently deprived of her due meal periods, as they were frequently interrupted. PLAINTIFF complained to ENTITY DEFENDANTS about these problems, but nothing was done to remedy them. 11. PLAINTIFF is of European descent and her skin color is white. During her employment with ENTITY DEFENDANTS, PLAINT...

Excerpt: ... 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 imposing sanctions, and quashing or modifying Deposition Subpoenas for the Production of Business Records to Berkshire Hathaway Homestate Insurance Company (motion, Exhibit A), Hefley Law, APC (Exhibit B), Oak River I...

Excerpt: ...ment when she intended to disclose Pacific's COVID-19-related conduct to the California Labor Board. The causes of action are: 1) WHISTLEBLOWER RETALIATION IN VIOLATION OF LABOR CODE 1102.5 2) RETALIATION IN VIOLATION OF LABOR CODE 98.6 3) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY-TAMENY CLAIM 4) FAILURE TO PROVIDE REST BREAKS 5) FAILURE TO PAY OVERTIME 6) FAILURE TO PROVIDE ACCURATE WAGE STATEMENT 7) VIOLATION OF UNFAIR COMPETITION LAW....

Excerpt: ...g on his vehicle is disliked, officers of the City of Burbank, without prior notice, have seized and impounded motor vehicles owned, possessed, or used, by plaintiff, for purported violations of the 72-hour parking restrictions in Burbank Municipal Code §6-1-1010. The causes of action are: 1. DECLARATORY AND INJUNCTIVE RELIEF RE VEHICLE CODE PREEMPTION OF CITY ORDINANCE. 2. DECLARATORY AND INJUNCTIVE RELIEF RE VIOLATION OF CALIFORNIA DUE PROCESS...

Excerpt: ...ession, and stole, destroyed and disposed of plaintiffs' personal property there. The causes of action are: 1. FORCIBLE ENTRY 2. FORCIBLE DETAINER. MP Positions Moving party requests an OSC hearing re contempt, and issue (precluding damages proof), and monetary ($2,260.00), sanctions, against nonparty SOUTHERN CAL WELLNESS CENTERS, INC. (SCWC) and Plaintiff SERGIO MORALES, on grounds including the following: · On July 12, 2022, the Court ordered...

Excerpt: ...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. On 8/3/20, Cross-Complaint was filed by defendants RACHEL RABIZADEH and SHAWN RABIZADEH against Plaintiff, alleging Plaintiff did remodeling having numerous construction defects. On 8/24/22, defendants filed a motion seeking to amend def...

Excerpt: ...undance of caution, had waited until the Covid-related eviction moratorium ended. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff is inappropriately seeking to collect Rent, as defined in the Lease, in violation of Section 49.99.3 of the City of Los Angeles Ordinance No. 186606, entitled Prohibition on Commercial Evictions, which states, “[d]uring the Local E...

Excerpt: ... and conflicts of interest, and refusing to pay monetary severance pay and to deliver stock options. The causes of action are: 1. BREACH OF EMPLOYMENT AGREEMENT 2. WRONGFUL TERMINATION 3. INDUCING BREACH OF CONTRACT. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on grounds including the following: · The only cause of action against SRAX – inducing breach of contract – is based solely on t...

Excerpt: ...A, INC. and YOUNG HAN KIM, entered into a written contract for a business loan, but defendants subsequently breached by failure to make payments, causing damages in the sum of $133,150.89. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · The almost 50 percent interest rate exceeds the 10% maximum interest rate permitted under Article XV, section 1 of the California Const...

Excerpt: ...ENTATION 3. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 4. FRAUD — ACTIVE CONCEALMENT AND SUPPRESSION OF MATERIAL FACTS 5. NEGLIGENT MISREPRESENTATION 6. NEGLIGENT MISREPRESENTATION 7. NEGLIGENT MISREPRESENTATION 8. NEGLIGENT MISREPRESENTATION 9. UNJUST ENRICHMENT 10. NEGLIGENCE 11. NEGLIGENCE 12. UNJUST ENRICHMENT 13. BREACH OF CONTRACT 14. BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 15. BREACH OF THE COVENANT OF G...

Excerpt: ...s action. On 1/6/21, plaintiffs CASEY FATCH and ALEXANDER YU filed a Second Amended Complaint alleging that Defendant VASQUEZ & COMPANY LLP (employer's outside auditor) failed to properly investigate fraud and misconduct of CENTRAL 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 contra...

Excerpt: ...other charges past due and becoming due under the terms and conditions of the Lease. 10. Defendants have materially breached the Lease by, inter alia, commencing in April 2020 failing to pay rent and/or additional charges as they came due; performing unauthorized alterations and/or additions to the Property; and improper subleasing of the Property. (Complaint, ¶ 9.) MP Positions Moving party requests prejudgment interest in the amount of $16,036...

Excerpt: ...g nails and asbestos), those conditions lasted unrepaired for 5 months, and the bedroom ceiling collapsed on them while sleeping in bed, notwithstanding plaintiffs' repeated complaints to the owner and manager defendants. The causes of action are: 1. NEGLIGENT BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 2. INTENTIONAL BREACH OF THE IMPLIED WARRANTY OF HABITABILITY; 3. NUISANCE (NEGLIGENT); 4. NUISANCE (INTENTIONAL); 5. NEGLIGENCE; 6. INTENTIO...

Excerpt: ...tiff Summary On 11/8/21, Plaintiff filed a Complaint. On 3/15/22, Plaintiff filed a First Amended Complaint alleging: Plaintiff is an association of Hispanic/Latinx families having developmentally disabled children entitled to state-funded services, under the Lanterman Developmental Disabilities Services Act. Welf. & Inst. Code §§ 4500 et seq. Defendants Department of Developmental Services Director Nancy Bargmann (DDS) and Harbor Developmental...

Excerpt: ...“MBUSA”), LAD-MB, LLC d/b/a Mercedes-Benz of Los Angeles, and Carwell, LLC d/b/a Mercedes-Benz of South Bay (“MBSB”). The Complaint sets forth allegations that, on January 5, 2021, Plaintiff purchased a 2020 Mercedes-Benz CLA 250, which included express warranties regarding the utility and performance of the subject vehicle. It is further alleged that the subject vehicle was delivered to Plaintiff with defects and nonconformities and/or d...

Excerpt: ...stance decedent required with eating and drinking inabilities caused by dementia, and decedent's condition deteriorated due to hypoxemic respiratory failure, pneumonia, and Covid, leading to death “from extreme respiratory infection/syndrome and other injuries… (e.g., Complaint, ¶¶ 44 -50, 54-55). The causes of action are: 1. ELDER ABUSE AND NEGLECT (WELF. 8 INST. CODE, 515600, ET SEQ.) 2. VIOLATION OF PATIENT RIGHTS (HEALTH & SAFETY CODE $...

Excerpt: ...n documents that Plaintiff ADINA ZAHARESCU signed with NEW HAVEN FINANCIAL, INC., was to finance the acquisition of a Chatsworth Property. The security interest was based on forged changes in the Note and Deed of Trust that she executed on December 29, 2005, as part of the loan documents for the Chatsworth Property transaction, which never closed with NEW HAVEN, but instead with another lender. On or about July 7, 2008, timely, within three years...

Excerpt: ...ing 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 trust to himself, and seeks to foreclose on the extinguished first deed of trust, using ...

Excerpt: ...12, 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 disposed of his personal property. The causes of ac...

Excerpt: ... managed the property, and, in order to profit off of low-income tenants, and to pressure them to vacate, notwithstanding the tenants' repeated complaints to them and government, defendants intentionally refrained from sufficiently repairing dangerous conditions including cockroach infestation, black widow infestation, mold contamination, dysfunctional plumbing systems, deteriorated carpeting, inoperable heater, improper weatherproofing, and miss...

Excerpt: ...taliated with pretexts and adverse working conditions, after Plaintiff reported a safety issue, and gender discrimination involving worse treatment of females as compared to males. The causes of action are: 1. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 2. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 3. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 4. FAILURE TO PREVENT DISCRIMINATION, HARASSMENT AND RETAL...

Excerpt: ...n authorized upon contemnors. 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 overcharge plaintiff for sauces it purchased from defendants. Plaintiff operates res...