Excerpt: ...t, vehicle recalls: check engine light illuminating: engine concerns: transmission concerns, vehicle operability concerns, electrical concerns, engine misfiring, vehicle backup light tuming blue, rear doors not opening or closing, multiple windows unable to open or close, abnormal clunking sound while putting vehicle in driwe, rear and driwer side doors not locking or unlocking: inoperable radio Wüme controls, solid black infotainment screen whe...

Excerpt: ...: and was fired on 9/13/22 upon discovery _ The causes of action are: 1 BREACH OF CONTRACT 2 FRAUD COUNT ONE 3 VIOLATION OF CALIFORNIA PENAL CODE 484 4 CONVERSION-COUNT ONE BREACH OF FIDUCIARY DUTY 6 CONSTRUCTIVE FRAUD 7 ENBEZZLEMENT 8 FRAUD-COUNT TWO 9 CONVERSION-COUNT TWO O FRAUD-COUNT THREE 11. CONVERSION-COUNT THREE 12 FRAUD-COUNT FOUR 13 FRAUD-COUNT FIVE 14 NEGLIGENCE PER SE 15 CIVIL CONSPIRACY 16 TRESPASS TO CHATTELS 17 INJUNCTIVE RELIEF 18...

Excerpt: ... CODE 2 FRAUD (CONCEALMENT) CACI 1901 3 VIOLATION OF RICO: 18 US C 51962(c) 4 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS NEGLIGENCE 6 WILLFUL MISCONDUCT. MP Positions Moving party requests an order transferring venue to the Superior Court of the State of California for the County of Orange, on grounds including the following: Had she filed her action as a cross-complaint in the Orange County case, the entire action would be stayed rrnding her a...

Excerpt: ...dependent contractors. MP Positions Moving party requests an order compelling arbitration, and dismissing the PAGA claim, on grounds including the following In 2017 when Plaintiff Kimberly Costley contracted with Defendant Homeaglow Inc. for use of the Homeaglow platform to connect with individuals looking for cleaning services: she expressly agreed to resolve any disputes through binding bilateral arbitration: pursuant to the Federal Arbitration...

Excerpt: ...ated the present action by filing a Complaint against KSJV First Equity, Inc., Superior Plantscapes, and Does 1 through 20 (collectively, “Defendants”), alleging the following causes of action: (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) Retaliation in Violation ...

Excerpt: ...ed driver-assisting safety systems, concealed from plaintiffs, which cause dangerous driving conditions, such as sudden braking for no reason, and steering outside lanes. 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. FRAUDULENT INDUCEMENT – CONCEALMENT. MP Positions Moving party requests an order compelling arbitration of the Complaint, an...

Excerpt: ...in a security interest in Plaintiffs' home, when the security interest and loan 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 ins...

Excerpt: .... ZHANG; and HONG JIANG. Summary On 12/12/19, Plaintiff filed a First Amended Complaint alleging that defendants, as owners of 6676 23 Kimdale Rd. San Gabriel, CA, entered into a written construction contract, failed to pay a balance due in the amount of $27,290.00. The causes of action are: 1. FORECLOSURE OF MECHANIC'S LIEN; 2. BREACH OF WRITTEN CONTRACT; 3. COMMON COUNTS; 4. UNJUST ENRICHMENT; 5. STATUTORY PROMPT PAYMENT PENALTIES. On 6/30/20, ...

Excerpt: ...22, Defendant ROBINSON HELICOPTER COMPANY, INC. filed a Cross- Complaint against Plaintiff, for total equitable indemnity; comparative indemnity; equitable apportionment of fault; contribution; and declaratory relief, alleging that alleged personal injuries from a defective helicopter, set forth in the Trouts Plaintiffs' Complaint, case no. 22TRCV00428, were proximately caused by the negligence and/or other tort of Cross- Defendants. MP Positions...

Excerpt: ...d TRUST TRADING, INC. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after 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 ...

Excerpt: ...ing summary judgment against Plaintiff, on grounds including the following: · Plaintiff cannot pursue a breach of implied warranty claim under Song-Beverly against GM based upon a vehicle he bought used and (ii) Count II, because Plaintiff cannot pursue a breach of express warranty claim under Song-Beverly against GM, since he did not purchase a “new motor vehicle” from GM. Nunez v. FCA US LLC, 61 Cal. App. 5th 385, 399 (2021), and Rodriguez...

Excerpt: ...laint alleging that he purchased a new 2017 Chevrolet Silverado having manufacturing defects, including vehicle shaking and vehicle hesitating to start, which Defendant's authorized dealerships were unable to repair. MP Positions Moving party requests an order compelling Defendant to serve further responses to certain document requests, and imposing monetary sanctions, on grounds including the following: · As detailed in the Separate Statement, ...

Excerpt: ...ing engine and electrical defects, and the manufacturer failed to replace the vehicle or make restitution after a reasonable number of repair attempts. 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. Plaintiffs' Positions Plaintiffs request an order compelling Defendant's further documents production, and denying the customized portions of the ...

Excerpt: ..., transmission and exterior. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONG-BEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving parties request an order granting attorneys' fees, on grounds including the following: · Attorneys' fees are sought under the “lodestar” method in the amount of $66,018.00. ...

Excerpt: ...pain from a work injury as an animal caregiver, Defendant repeatedly increased the workload, refused to allow Plaintiff any time off for her doctor's appointments, and terminated her employment due to her request for accommodations. 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 ...

Excerpt: ... a proposed First Amended Complaint, adding a 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th Cause of Action for BREACH OF FIDUCIARY DUTY - DUTY OF LOYALTY. On 12/9/22, Plaintiff filed a First Amended Complaint, alleging: Starting August 2, 2017, the day after the parties stated date of marriage separation, Defendant/Cross-Complainant XIUYUAN HU withdrew $13,314.16 total from bank accounts that Defendant orally agreed were ...

Excerpt: ...iff'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 termination and reinstatement, grievance procedures, interfere...

Excerpt: ...ant/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 Amended Cross-Complaint, against Plaintiff, alleging that cross-defendants used the Covid-19 situation as a pretense to steal cross- complainant's bar that sh...

Excerpt: ...efendant/Cross-Complainant Summary On 8/3/20, Plaintiff/Cross-Defendant SHASHA ZHENG filed a Complaint. On 11/4/22, Plaintiff filed a motion for leave to file a proposed First Amended Complaint, adding a 6 th Cause of Action for THEFT PURSUANT TO PENAL CODE §496, and 7 th Cause of Action for BREACH OF FIDUCIARY DUTY - DUTY OF LOYALTY. On 12/9/22, Plaintiff filed a First Amended Complaint, alleging: Starting August 2, 2017, the day after the part...

Excerpt: ...ansmission system defects, and co-Defendant PUENTE HILLS FORD breached its duty to Plaintiff to ordinary care and skill by failing to properly store, prepare, and repair the vehicle. The causes of action are: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving parties request an order ...

Excerpt: ...PROMOTIONAL OPPORTUNITIES IN VIOLATION OF 42 U.S.C. § 1981 2. RACE DISCRIMINATION - DENIAL OF TRANSFERS IN VIOLATION OF 42 U.S.C. § 1981 3. RETALIATION IN VIOLATION OF 42 U.S.C. § 1981 4. RETALIATION IN VIOLATION OF CA GOVT. CODE § 12940(K) 5. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1985(3) 6. CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS 42 U.S.C. § 1983. MP Positions Moving party requests the Court to grant a new trial as to gra...

Excerpt: ...E PERSONALLY. Notice: Okay Opposition MP: Judgment Creditors SEYEDJALIL FIROOZABADI AND HOPE and TRUST TRADING, INC. RP: Third-party Michael G. Spector, Esq., attorney for Judgment Debtors SAMMY CILING and ANKE CILING. Summary On 8/20/19, Plaintiffs filed a Complaint alleging that, shortly after Plaintiffs' purchase of the majority shares of Defendant California Medical Imaging, Inc. (CMI), Defendants foreclosed Plaintiff from all control and acc...

Excerpt: ...d a written agreement to employ Plaintiff as CEO, by terminating his employment based upon pretexts of self-dealing 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 demurrers, on grounds including the following: · Kerner's thir...

Excerpt: ..., Plaintiff LATASHA STIGER filed a PAGA Complaint alleging that defendants did various wage-and-hour violations as to aggrieved employees. MP Positions Moving party requests an order to compel arbitration of Plaintiff's PAGA claims, and to dismiss representative PAGA claims on behalf of other employees, on grounds including the following: · The parties' arbitration agreement is subject to the Federal Arbitration Act, which strongly favors the en...

Excerpt: ...auses of action are: (1) DISCRIMINATION IN VIOLATION OF THE FEHA; (2) HARASSMENT IN VIOLATION OF THE FEHA; (3) RETALIATION IN VIOLATION OF THE FEHA; (4) FAILURE TO PROVIDE REASONABLE ACCOMMODATION IN VIOLATION OF THE FEHA; (5) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS IN VIOLATION OF FEHA; (6) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, OR RETALIATION IN VIOLATION OF FEHA; (7) NEGLIGENT HIRING, SUPERVISION, AND RETENTION; (8) WRONGFUL TERMI...