Excerpt: ...erfere 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 Amended Cross-Com...

Excerpt: ...efendant 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 action are: (1) FRAUD (2) BR...

Excerpt: ... 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. MP Positions Moving party requests an order allowing leave to file an amended complaint, on bases including the following:  The amendment seeks to add two additional named Defendants.  It was lear...

Excerpt: ...ment as housekeeper, based upon her job injury and disability, and age, and never enabled time off for breaks. 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....

Excerpt: ... against Plaintiff, employed as a jeweler, was based on age. The causes of action are: 1. BATTERY; 2. ASSAULT; 3. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 4. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 5. FAILURE TO PROVIDE UNINTERRUPTED REST AND MEAL PERIODS IN VIOLATION OF LABOR CODE §§226.7 & 512; 6. HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF GOVERNMENT CODE §12940(j); 7. FAILURE TO PREVENT HARASSMENT IN VIOLATION OF GOVERNMEN...

Excerpt: ...eaks, and provision of incorrect wage statements, and retaliated by employment termination about 8/14/19 based on Plaintiff's complaining about unsafe working conditions. The causes of action are: 1. FAILURE TO PAY WAGES AND IMPROPER DEDUCTIONS (CAL. LABOR CODE §§201, 204, 221); 2. FAILURE TO PAY MINIMUM WAGES (CAL. LABOR CODE §§1182.12, 1194, 1194.2, 1197); 3. FAILURE TO PAY OVERTIME COMPENSATION (CAL. LABOR CODE §§510, 1194); 4. FAILURE T...

Excerpt: ...ut 9/30/2001, but remained shareholder, mislead Plaintiff to think he was not entitled to dividends payments. The causes of action are: 1. FRAUD (CONCEALMENT); 2. BREACH OF FIDUCIARY DUTY; 3. INTENTIONAL MISREPRESENTATION; 4. UNFAIR BUSINESS PRACTICES; 5. IMPOSITION OF A CONSTRUCTIVE TRUST; 6. UNJUST ENRICHMENT; 7. ACCOUNTING. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, and granting the motion to strike,...

Excerpt: ...for counsel's reasons for accepting the blame. Moreover, the opposing declaration of David J. Cook evidences that Manasian continued to represent the defendants without confusion, and that the defaults were strategically and knowingly allowed to be entered, notwithstanding opposing counsel's prior warnings of planned defaults. As to motions made under Code of Civil Procedure Section 473, moving parties have the initial burden to prove excusable n...

Excerpt: ...ay the defendant's fees or costs unless the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit.' ” Higgins-Williams v. Sutter Medical Foundation (2015) 237 Cal.App.4th 78, 88. Although, on 2/26/21, the Court allowed costs to the defense, and stated, “[t]he Court finds that the opposition sufficiently evidences that the Complaint was prosecuted without foundation due to an agree...

Excerpt: ...ortive contract document, conduct, or law, is referenced in support of conclusions, as follows: Plaintiff acquired all the rights that the University had, pursuant to California Commercial Code §2403, Defendant as the sole party who is able to service and operate the machines, had a contractual and statutory duty to continue to fully inspect the machines to determine their operational capability and/or whether any component was, in fact, damaged...

Excerpt: ... notice is granted that Defendant is a religious corporation. Exhaustion The Court cannot determine whether exhaustion has been fully satisfied or excused, including because the Court has not been provided with the final determination of the Professional Affairs Review Board, via judicial notice, or in the pleading, which allegedly favored Plaintiff (e.g., First Amended Complaint, ¶¶ 58, 80). In a demurrer proceeding, the defects must be appare...

Excerpt: ...ased 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 actually processed such job applications. T...

Excerpt: ...ORIALIZED IN WRITING 2. BREACH OF ORAL CONTRACT 3. MONEY HAD AND RECEIVED 4. BATTERY 5. ASSAULT 6. VIOLATION OF CAL. CIV. CODE § 1708.6 7. NEGLIGENCE 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, for reasons including the following:  An oral and written contract cannot be alleged. Affirmative all...

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

Excerpt: ...e, 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 engaged in espionage for the Chinese government...

Excerpt: ...bmitted fraudulent claims to at least 11 medical health insurance companies, by claiming that CHANG, a physician, treated patients, when they were actually seen by a “non-credentialed,” out-of-network provider, who is not a physician, thereby enabling defendants to collect higher-than-permitted sums of benefits, in violation of Insurance Code § 1871.7 and Penal Code §§ 549, 550, and 496 (First Amended Complaint, ¶ 21). The causes of actio...

Excerpt: ...4WD, while Plaintiff was living out of the country. The causes of action are: (1) FRAUD; (2) INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; (3) INTENTIONAL INTEFERENCE WITH CONTRACTUAL RELATIONS; (4) NEGLIGENT INTERFERENCE WITH CONTRACTUAL RELATIONS; (5) FRAUDULENT TRANSFER; (6) UNLAWFUL, UNFAIR AND FRAUDULENT BUSINESS PRACTICES; and (7) BREACH OF FIDUCIARY DUTY. MP Positions Moving parties request an order sustaining the demurrer ...

Excerpt: ...MP Positions Moving party requests an order compelling further document responses from Defendant, on grounds including the following:  The requests seek relevant information.  If a manufacturer willfully fails to fulfill any of its obligations under the Act, including failing to repurchase a vehicle, when it knows it is unable to repair it after a reasonable number of repair attempts, the manufacturer is subject to civil penalty damages of ...

Excerpt: ...s' harassment and discrimination against Plaintiff, employed as a jeweler, was based on age. The causes of action are: 1. BATTERY; 2. ASSAULT; 3. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 4. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; 5. FAILURE TO PROVIDE UNINTERRUPTED REST AND MEAL PERIODS IN VIOLATION OF LABOR CODE §§226.7 & 512; 6. HOSTILE WORK ENVIRONMENT HARASSMENT IN VIOLATION OF GOVERNMENT CODE §12940(j); 7. FAILURE TO PREVENT HARA...

Excerpt: ...e from Plaintiff while working as accountant and bookkeeper. The causes of action are: 1. CONVERSION 2. FRAUD — INTENTIONAL MISREPRESENTATION 3. FRAUD — NEGLIGENT MISREPRESENTATION 4. BREACH OF FIDUCIARY DUTY 5. FRAUDULENT TRANSFER 6. CONSTRUCTIVE FRAUD. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following:  Defendant Ariana Danielle Harbottle Jarrett was added...

Excerpt: ...bitant fees, and failing to raise defenses to show a void fee agreement. The causes of action are: 1. PROFESSIONAL MALPRACTICE 2. BREACHES OF FIDUCIARY DUTIES. Cross-Complaint filed 6/12/20, by Defendant against Plaintiff, alleging that Plaintiff failed to pay for all billed attorney services. Cross-Complainant's claims are: 1. BREACH OF CONTRACT 2. BREACH OF IMPLIED CONTRACT 3. QUANTUM MERUIT 4. OPEN BOOK ACCOUNT 5. ACCOUNT STATED 6. PROMISSORY ...

Excerpt: ...TION AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANTS AND THEIR COUNSEL OF RECORD IN THE AMOUNT OF $1,995.80 [Off calendar after meet and confer.] Notice: Okay Opposition MP: Plaintiff RP: Defendants Summary On 12/12/19, Plaintiff filed a Complaint alleging that, during his employment starting 6/6/05 as a Brinks driver, the employer committed various wage-and-hour violations, including partly unpaid wages and work expenses, deprivation of br...

Excerpt: ...eurological deficits caused by lead poisoning are permanent. Plaintiffs' apartment has been subject to cockroach and rodent infestations, and other defects impacting health and safety. Defendants failed to repair and maintain the property, for the sole purpose of saving money. The causes of action are: 1) BREACH OF IMPLIED WARRANTY OF HABITABILITY 2) TORTIOUS BREACH OF IMPLIED WARRANTY OF HABITABILITY 3) NEGLIGENCE 4) INTENTIONAL INFLICTION OF EM...

Excerpt: ...rported violation of company policy. The causes of action are: (1) FEHA – SEXUAL HARASSMENT (2) FEHA – RETALIATION (3) FEHA – FAILURE TO TAKE ALL STEPS NECESSARY TO STOP DISCRIMINATION, HARASSMENT, AND/OR RETALIATION. MP Positions Moving parties request an order awarding attorney fees ($10,583), on grounds including the following:  On October 20, 2020, the Court granted Charter's motion to compel arbitration.  The Arbitration Agreemen...

Excerpt: ...handled the matters, including by failing to question witnesses about exorbitant fees, and failing to raise defenses to show a void fee agreement. The causes of action are: 1. PROFESSIONAL MALPRACTICE 2. BREACHES OF FIDUCIARY DUTIES. Cross-Complaint filed 6/12/20, by Defendant against Plaintiff, alleging that Plaintiff failed to pay for all billed attorney services. Cross-Complainant's claims are: 1. BREACH OF CONTRACT 2. BREACH OF IMPLIED CONTRA...

Excerpt: ...nd stalling, which Defendant has been unable to repair. MP Positions Moving party requests an order sustaining the demurrer to the Second Amended Complaint's Sixth Cause of Action, and granting the motion to strike punitive damages and economic loss allegations, for reasons including the following:  Causes of action for fraud must be set out clearly, concisely, and with sufficient particularity.  Plaintiffs have not adequately alleged any s...

Excerpt: ... th St., known as California Market Center, by their abandonment, and defaulting on rent. On 11/19/18, default judgment was entered for $134,114.26. On 10/20/20, defendants filed a Cross-Complaint against Plaintiff, for Breach of Contract and Constructive Eviction, alleging that the landlord breached paragraph 6.1.1 of the lease, by not repairing air conditioning that was 68 degrees cold. MP Positions Moving party requests an order sustaining the...

Excerpt: ..., breach of mandatory duty, fraudulent concealment/failure to disclose, assault, battery, false imprisonment, and 42 U.S.C. section 1983, which occurred on or around May 8, 2019. Respondents had a legal obligation and a duty to warn Petitioner of and protect Petitioner from the violent tendencies of the students she was teaching and the harmful environment. Petitioner was attacked by the students she was there to teach whom had a history of viole...

Excerpt: ... Summary On 5/27/20, Plaintiff/Cross-Defendant NORTH COUNTY. RD., LLC (NCR) filed a Complaint alleging that Defendant breached a contract that provided for Defendant to deliver 500,000 of KN95 personal face protection masks, to Plaintiff, by April 29, 2020, because Defendant delivered them to other buyers instead. The causes of action are: 1. BREACH OF CONTRACT 2. TORTIOUS INTERFERENCE WITH CONTRACTUAL OBLIGATIONS. MP Positions Moving party reque...