Excerpt: ...eased to Plaintiff unfit for human habitation and detrimental to her health and safety. The causes of action are: 1. BREACH OF IMPLIED WARRANTY OF HABITABILITY 2. NEGLIGENCE 3. NUISANCE 4. BREACH OF COVENANT OF QUIET ENJOYMENT 5. VIOLATIONS OF CIVIL CODE SECTION 1942.4. MP Positions Moving parties request an order striking allegations regarding punitive damages, on grounds including the following: · Plaintiff's claim and prayer for punitive dama...

Excerpt: ...20, Plaintiff JOSE ANTONIO OLIVARES LIRA filed a Complaint, alleging a breach of contract and fraud, committed by Defendant, after Defendant agreed to produce textile materials in exchange for money tendered by Plaintiff, but Defendant never delivered. MP Positions In addition to initial responses, moving party requests an order compelling Defendant SILVESTRE COSIO to serve further responses to requests for admissions, and awarding $3,261.50 sanc...

Excerpt: ...ded Plaintiff without pay, and thereafter denied accommodations. By December of 2021, the employer created working conditions so intolerable that a reasonable person in Plaintiff's position had no reasonable alternative but to resign. The causes of action are: 1. UNLAWFUL DISCRIMINATION BASED UPON DISABILITY IN VIOLATION OF CALIFORNIA GOVERNMENT CODE tt12940 (a); 2. FAILURE TO PREVENT DISCRIMINATION IN VIOLATION OF CAI IFORNIA GOVERNMENT CODE 111...

Excerpt: ...idence at 3751 Lankershim Boulevard, initially due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Also, that pleading alleges post-judgment aiding and abetting of sale of the subject property to Lanker Partnership, to hinder Plaintiff as judgment creditor, after prevailing at trial on those underlying facts. Before ...

Excerpt: ...LABS. 3. Defendants VITALINA KANCILIA and OLHA KUKSHYN. 4. Defendants VITALINA KANCILIA and OLHA KUKSHYN. RP: 1 – 4. Plaintiff. Summary On 12/7/21, Plaintiff DIRK H. KANCILIA filed a Complaint against defendants ROMAN LAPSHUK, et al. On 2/28/22, Plaintiff filed a First Amended Complaint alleging: Defendant ROMAN LAPSHUK induced Plaintiff to loan him and W.D. LABS monies, in exchange for 25 percent of the revenue or profits that W.D. would gener...

Excerpt: ...C. 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 alleged assignment is uncertain as to details. · Exhibit A to the Complaint is not an executed contract. · Facts regarding breach are ...

Excerpt: ...les, failed to establish a special needs trust of structured annuity payments due monthly to Vista Points Inc., thereby creating financial difficulties for Plaintiff and his son. The causes of action are: 1. 42 USC § 1983 – EQUAL PROTECTION OF THE LAW, DUE PROCESS. 2. 42 USC § 1983 - BREACH OF CONTRACT. On 12/14/21, the Court sustained, without leave to amend, a similar demurrer of co-Defendant PACIFIC LIFE INSURANCE COMPANY, based on the dem...

Excerpt: ... lawsuits that arise out of the same double fatal pedestrian accident. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the 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 need...

Excerpt: ...Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted f...

Excerpt: ... misconduct to Defendant, Defendant failed to engage in a good-faith interactive process or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. MP Positions Moving party requests an order granting leave to file a proposed Second Amended Complaint, on grounds including the following: · Recent discovery supports Plaintiff's Retaliation Cause of Action. · Plaintiff has since taken the depositi...

Excerpt: ...o plaintiffs, as co-owners (25% to Plaintiff, 25% to Plaintiff YESSICA ESPINOSA, 25% Plaintiff EMMANUEL ESPINOSA, 25% Plaintiff NORA SUSANA ARELLANO, and 25% to Defendant NORA MORAN ARELLANO), in exchange for plaintiffs obtaining funds and orchestrating all repairs for rehab of the property, and then placing it for sale. The causes of action are: 1) PARTITION OF REAL PROPERTY 2) BREACH OF CONTRACT 3) BREACH OF COVENANT OF GOOD FAITH AND FAIR DEAL...

Excerpt: ...alleging the foreclosure sale of the family residence at 3751 Lankershim Boulevard, due to VOUVAL ZIV's, in a conspiracy with other defendants, inducing her to make payments on a loan to him, based upon misrepresentations of being an experienced real estate attorney. Before reversal and remand in appellate proceedings (opinion, filed 11/16/21), the Court had granted moving defendants motion to dismiss this action under the five-year statute. MP P...

Excerpt: ...nt alleging that Defendant, as employer, paid Plaintiff and other aggrieved employees piece-rate, in the sum of $60 per patient visit, which involved wage-and-hour violations, including failures to pay overtime, and allow meal and rest breaks. MP Positions Moving party requests an order compelling Defendant's further responses and production of documents, as to Plaintiff's Request for Production of Documents, Set 1, and awarding monetary sanction...

Excerpt: ...FIED WRITTEN RESPONSE WITHOUT OBJECTIONS AND PRODUCTION OF HARD DRIVE AND/OR ISSUE SANCTIONS AND FOR MONETARY SANCTIONS OF $1,160.00 AGAINST SERGIO MORALES. Notice: Okay (continued from 6/22 re 1 opp. filed 6/21, and a second opp. filed 7/22/22). Opposition MP: Defendant RP: Plaintiffs Summary On 10/10/19, plaintiffs filed a Complaint alleging that defendants forced their way into plaintiffs' residential property at 3231 City Terrace, took over p...

Excerpt: ...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). MP Positions Moving party requests the Court to disqualify defense counsel, on bases including the following: · Plaintiff's counsel inadvertently produced documents to Defendant, which were protected by her attorney-client privilege; · While the merits of Plaint...

Excerpt: ... Joe's supermarket in Silver Lake, in pursuit of Gene Atkins. The Complaint, filed November 29, 2018, asserts causes of action against Defendants City of Los Angeles, Sinlen Tse, Sarah Winans, and Does 1-100 for (1) Negligence, (2) Violation of Civil Rights Act (Bane Act), (3) Negligent Hiring, Training, and Supervision, (4) Battery and (5) Wrongful Death. MP Positions Plaintiffs move for an order granting summary judgment, or summary adjudicatio...

Excerpt: ...plaint, alleging that defendants made false consumer complaint to the Contractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving parties request an order striking Plaintiff's Complaint, and awarding attorneys' fees and costs, on grounds including the following: · Each of the Causes of Action against Defendants arises from an act ...

Excerpt: ...led a Complaint. On 7/6/21, Plaintiff filed a First Amended Complaint, alleging that the employer constructively terminated Plaintiff's employment as camera operator, including by allowing ongoing sexual harassment by a coworker, and reducing hours, in retaliation for Plaintiff's complaining about the harassment instead of putting up with it in order to get along with the other employee. The causes of action are: 1) SEXUAL HARASSMENT, HOSTILE WOR...

Excerpt: ...Defendant LAUREN RAMIREZ Cross-Defendant DON MCMAHON Plaintiffs EDNA GRACE CUBILLOS and MARCO CUBILLO. Summary On 4/24/20, plaintiffs filed a Complaint alleging that Defendant Gary Comstock, and his real estate brokerage company, Defendant Prime Properties, perpetuated fraud on Plaintiffs Marco and Edna Cubillos, leading to their purchase of a residential real property having undisclosed defects, including related to its foundation, and slanted f...

Excerpt: ...Plaintiff has received no wages for working about January 2019 through about June 6, 2019, and Plaintiff has not received any dividends as a shareholder after about June 2019. The Plaintiff's causes of action are: 1. CONVERSION; 2. BREACH OF FIDUCIARY DUTY; 3. AIDING AND ABETTING BREACH OF FIDUCIARY DUTY; 4. NEGLIGENCE; 5. UNJUST ENRICHMENT; 6. VIOLATION OF CAL. LABOR CODE §§ 1194, 1194.2, 1197, AND WAGE ORDER (FAILURE TO PAY MINIMUM WAGE); 7. ...

Excerpt: ...trying to drive Plaintiff out of her leased premises, including by fraud. Plaintiff successfully obtained summary judgment in an unlawful detainer action, based upon having a lease with an option to purchase, at 2115 N. Upper Krest St., Los Angeles, CA 90046. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (DMIF) had foreclosed on a second deed of trust. Also, Defendant PETER DEWITTE recorded an assignment of a deed of trust to himself, and seeks ...

Excerpt: ...ractors State License Board (CSLB). The causes of action are: 1. BREACH OF CONTRACT 2. FRAUDULENT MISREPRESENTATION 3. TRADE LIBEL 4. UNJUST ENRICHMENT. MP Positions Moving party requests an order staying this case pending a decision and possible appeal, sometime after 1/5/23, on grounds including the following: · A temporary stay is necessary pending a Writ of Mandate decision involving the same parties in the action. · A stay will not prejudi...

Excerpt: ...xyl) phthalate ("DEHP") and/or Lead or Lead Compounds, in “Ground Cinnamon”, “Umbrella”, Window Car Mount”, and “Ground Ginger.” MP Positions Moving party requests an order approving a consent judgment pursuant to Proposition 65, on bases including the following: First, the injunctive relief complies with Proposition 65 because as of sixty (60) days after the Effective Date (the “Compliance Date”), (a) Grocery Outlet shall not d...

Excerpt: ...7/17, Plaintiff YEVGINE BARSEGHYAN filed a Complaint. On 10/15/20, Plaintiff filed a First Amended Complaint, alleging that, about June 2015, the entity defendant sold a home, without disclosing to Plaintiff known defects (e.g., mold, rain- collapsing roof) caused by the substandard renovations done by the individual defendant and co- defendants. Also, allegedly, Plaintiff's real estate agent, Defendant MARINE MAKARYAN, breached her duty of care,...

Excerpt: ...s, including electrical, 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 SONGBEVERLY ACT SECTION 1793.2 4. NEGLIGENT REPAIR. MP Positions Moving party requests an order granting summary judgment, or summary adjudication of the First and Third Causes of Action, against plaintiffs, on grounds including...

Excerpt: ... PENN- STAR INS. CO. wrongfully denied coverage under its insurance policy, after doing various bad faith insurance practices. Additionally, the individual defendants allegedly leased an uninhabitable residence to Plaintiff. The causes of action are: (1) BREACH OF CONTRACT; (2) BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING; (3) NEGLIGENT MAINTENANCE OF PROPERTY; (4) TRESPASS; (5) FRAUD OR DECEIT; (6) NEGLIGENT MISREPRESENTATION; (...

Excerpt: ...which Defendant has been unable to repair within a reasonable time, but Defendant failed to repurchase it, in willful violation of Song-Beverly Consumer Warranty Act. MP Positions Moving party requests an order compelling Defendant to serve further responses, as to Plaintiff's Request for Production of Documents (Set One), Nos. 4-8, 10-12, 13-16, 20, 22-27, 28-29, 31, 33, 37-55, on grounds including the following: · Plaintiff's motion seeks thre...

Excerpt: ...Breaches of Mandatory Duties, and Intentional Infliction of Emotional Distress, alleging: The action arises out of defendants not verifying with accuracy the Abstract of Judgement. Correctional Case Records violated the law, and issued Plaintiff two Terrorist Threats charges of crimes of punishment, not listed as crimes for punishment on Abstract of Judgment. On 5/5/22, Plaintiff filed a motion for leave to file a proposed Fourth Amended Complain...

Excerpt: ...o 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 CONTRACT 3. QUANTUM MERUIT 4. OPEN BOOK ACCOUNT 5...

Excerpt: ...Act of 1986, California Health & Safety Code ("HSC") § 25249.5, et seq. ("Proposition 65"), regarding exposure to Di(2- Ethylhexyl)phthalate ("DEHP"), in Sports Armbands. MP Positions Moving party requests an order approving a consent judgment pursuant to Proposition 65, on bases including the following: First, the injunctive relief complies with Proposition 65 because Defendant shall not sell in California or offer for sale in California any Co...

Excerpt: ...ter KI HO YANG began heating Defendant's manufactured “Plasti Dip,” to rubber coat a customer's vehicle tires, the bottom of it exploded into flames, causing third-degree burns to about eighty-four percent of his body. The causes of action are: 1. STRICT PRODUCT LIABILITY - HAZARDOUS MATERIAL 2. STRICT PRODUCT LIABILITY - COMPONENT PART FAILURE 3. STRICT PRODUCT LIABILITY - MANUFACTURING DEFECT 4. STRICT PRODUCT LIABILITY - DESIGN DEFECT 5. S...

Excerpt: ...MPANY (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 conduct its business. MP Positions Defendant moves for judgment on...

Excerpt: ...protect Californians from unknowing exposures to Di(2-ethylhexyl) phthalate (“DEHP”) and Diisononyl phthalate (“DINP”), coming from Cosmetic Bags, Tissue Holders, and Tape Measure, all which require a Proposition 65 warning. MP Positions Moving party requests an order to approve and enter a proposed consent judgment, on grounds including the following: First, the injunctive relief complies with Proposition 65 because Defendant shall not o...

Excerpt: ...laintiff and self-represented Defendants are adjacent property owners in the Hollywood Hills, and Defendants continue to interfere with Plaintiff's recorded easement for the sole use of a brick patio situated on Defendants' property, and built several structures on Plaintiff's Property. The causes of action are: 1. TRESPASS 2. PRIVATE NUISANCE 3. NEGLIGENCE 4. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 5. QUIET TITLE (EASEMENT) 6. PUBLIC NUISAN...

Excerpt: ...related claims, arising out of a written one-page partnership agreement entered into in 2011, between Plaintiff and the decedent DARLENE UPCHURCH-FRIEDMAN, providing Plaintiff with a 30% ownership interest in specified real property. MP Positions Moving parties request an order expunging Plaintiff's recorded lis pendens encumbering 5112- 5118 W. Jefferson Blvd., Los Angeles, and awarding $14,955 in attorneys' fees, on grounds including the follow...

Excerpt: ...t. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pedestrians in a crosswalk, on route to middle school, due to the 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 7/16/21, Defendant/Cross-Complainant LOS ANGELES UNIFIED SCHO...

Excerpt: ...ended Complaint. On 5/5/22, Plaintiff filed a motion for leave to file a proposed Fourth Amended Complaint , attached to the motion, alleging: The action arises out of defendants not verifying with accuracy the Abstract of Judgement. Correctional Case Records violated the law, and issued Plaintiff two Terrorist Threats charges of crimes of punishment, not listed as crimes for punishment on Abstract of Judgment. The cause of action is: INTENTIONAL...

Excerpt: ...t while Plaintiffs remained. The causes of action are: 1. NUISANCE 2. NEGLIGENCE 3. BREACH OF IMPLIED WARRANTY OF HABITABILITY 4. VIOLATION OF CIVIL CODE 789.3 5. VIOLATION OF CIVIL CODE 1940.2 6. VIOLATION OF CIVIL CODE 1942.4. MP Positions Moving party requests an order taxing or reducing plaintiffs' memorandum of costs filed 1/24/22, in the total amount of $3,124.20, on bases including the following: · Plaintiffs' Abstract of Judgment was not...

Excerpt: ...d the Request for Dismissal. · The legal assistant erroneously marked the case as settled, and provided a dismissal request, which counsel signed without reading. · The case is not really settled. The parties only agreed on damages, but not attorney fees and costs. · Moving counsel never wanted this case dismissed. RP Positions Opposing party advocates denying, for reasons including the following: · The filing of the Request for Dismissal on ...

Excerpt: ...lainant XIUYUAN HU withdrew $13,314.16 total from bank accounts that Defendant orally agreed were her separate property acquired outside of marriage, and Plaintiff relied on Defendant's representations as a knowledgeable law student, regarding filing a Joint Petition for Dissolution of Marriage based on having no community assets. Further, Defendant inflicted emotional distress when he falsely emailed to Plaintiff's employer that Plaintiff had fa...

Excerpt: ...ior position or a comparable position, and by terminating her employment before she was scheduled to return to work.” (First Amended Complaint, ¶ 17.) The cause of action is: 1) WRONGFUL TERMINATION IN VIOLATION OF PUBLIC POLICY. MP Positions Moving party requests an order striking allegations of punitive damages, on grounds including the following: · Plaintiff's FAC states nothing but an alleged violation of public policy based on Defendant'...

Excerpt: ...ut defendants only paid $2,500, leaving a balance due of $46,015.50. The causes of action are: 1. BREACH OF CONTRACT 2. BOOK ACCOUNT 3. GOOD SOLD AND DELIVERED. On 4/28/20, Cross-Complainant, ANTOINE SIMON a.k.a TONY SIMON d/b/a JEWELRY BY TONY, filed a Cross-Complaint against Plaintiff, and others alleging that Cross-Defendant CVD breached a fraudulent, oral promise that, if Cross-Complainant purchases diamonds from CVD, Cross-Complainant would ...

Excerpt: ...and put liens on Plaintiff's residential property, even though Plaintiff had exercised her right, pursuant to Paragraph 24 of a Residential Lease with Option, to cancel the agreement within 14 days, as partly resolved by a settlement agreement. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF GOOD FAITH AND FAIR DEALING 3. BREACH OF CALIFORNIA BUSINESS & PROFESSIONAL CODE SEC. 17200, ET SEQ 4. FALSE ADVERTIZING 5. FRAUD BY INTENTIONAL...

Excerpt: ... a Fourth Amended Complaint, alleging that Defendant SETERUS, INC. breached a trial payment plan, by denying a loan modification, and proceeding with foreclosure on her home, based on the incorrect ground that Plaintiff did not make the December 2014 payment. Co-Defendant NATIONSTAR MORTGAGE, LLC is the surviving entity after defendants merged. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAI...

Excerpt: ...Central Registration Depository record. MP Positions Petitioner requests an order confirming an arbitration award, on grounds including the following: · On February 3, 2022, FINRA issued and served a written decision in full and final resolution of Petitioner's expungement request. · As provided in FINRA Rule 12904(b), the Arbitration Award is final. Tentative Ruling The unopposed petition is granted. FINRA Rule 2080(a) “recognizes the right ...

Excerpt: ...efendants acted without probable cause in filing an underlying action, as there was no reasonable possibility that said action could have resulted in a finding that LONG owed money to SAFI, because actually SAFI borrowed money from LONG. The causes of action are: 1. MALICIOUS PROSECUTION 2. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 3. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 4. ELDER ABUSE. MP Positions Moving Defendant requests an order con...

Excerpt: ...EVEN TULUMELLO. Summary On 7/3/19, Plaintiff filed a Complaint alleging that Plaintiff was a non-exempt employee working as server for defendants committing various wage-and-hour violations, and the individual owner defendant sexually harassed Plaintiff. The causes of action are: (1) FAILURE TO PROVIDE MEAL PERIODS; (2) FAILURE TO PROVIDE REST PERIODS; (3) FAILURE TO PAY OVERTIME; (4) FAILURE TO PAY ALL WAGES; (5) FAILURE TO PAY WAITING TIME PENA...

Excerpt: ...petitioners allegedly sustained property damage and personal injury in a multi- vehicle accident in August 2019, involving a car owned or driven by the Lunas respondents, added as DOE amendments, after the petitioners' depositions were taken. MP Positions Moving party requests an order granting judgment on the pleadings as to the Complaint, on grounds including the following: · Each Amendment to the Complaint – Fictitious Name, filed by the Pe...

Excerpt: ...use: He exercised his statutory rights and took approved leave to attend to his disabled son's healthcare needs; he provided testimony in a co-worker James Pearl's FEHA discrimination, harassment and retaliation jury trial; City management had racial animus towards Chicano employees; he obtained employee signatures on a petition to management seeking to promote qualified Chicano employees based upon merit; he reported manager's orders to commit c...

Excerpt: ...L PRIVILEGED DOCUMENTS IN THEIR POSSESSION AND THE POSSESSION OF DEFENDANT'S EXPERTS; (4) ENTRY OF AN ORDER SEALING RECORDS CONTAINING PRIVILEGED. Notice: Okay Opposition MP: Plaintiff RP: Defendant Summary On 11/22/17, Plaintiff filed a Complaint alleging that, as a result of inadequate supervision by Defendants, cracked asphalt caused Plaintiff to trip, fall and strike her head, resulting in a traumatic brain injury and other injuries. The caus...