Excerpt: ...PORATION OF CALIFORNIA, and CALEX ENGINEERING, INC. RP: Plaintiffs Summary Plaintiff filed the Second Amended Complaint on 2/3/21, regarding separately filed wrongful death 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...

Excerpt: ...ophic injury, causing subsequent death, while under the care of Defendant, A PLACE FOR ROVER, INC. MP Positions Applicants from Washington State request orders granting permission to appear pro hac vice, on grounds including the following: · The applicants are in good standing with the Bar of Washington. · The applicants have not been suspended or disbarred in any court. · The applicants have not regularly engaged in substantial business, prof...

Excerpt: ...by the so-called victim of a sex crime. The causes of action are: 1. RACIAL DISCRIMINATION 2. FAILURE TO PREVENT DISCRIMINATION AND/OR WORKPLACE HARASSMENT 3. DEFAMATION. On 8/9/20 the Court entered an order pertaining to the Appellate Court's Writ of Mandate that this case will not proceed as to dismissed FEHA claims, but will as to defamation. MP Positions Moving party requests the Court to grant judgment on the pleadings, as to the Complaint, ...

Excerpt: ...12 Fiat 500 Sport, which was manufactured by Defendant, suffers from widespread defects, including engine defects, and Defendant has been unable to repair within a reasonable number of attempts. MP Positions Moving party requests the Court to award attorneys' fees, costs and expenses, in the total amount of $120,210.70, on bases including the following: · Plaintiff accepted defendants' Section 998 offer to settle for $18,000 in damages, to compe...

Excerpt: ..., for the sale of Defendant's 2/3 interest in the property located at 8210-8214 Sunset Boulevard, Los Angeles. (Complaint, ¶ 7). On May 19, 2017, Torres entered into an Indemnity Agreement with Holloway Partners, because it knew of potential litigation by David Kermani, who was previously under contract with Torres to purchase the same Property interest, but could not close on his purchase. (Complaint, ¶ 8; Ex. “A”). The Indemnity Agreement...

Excerpt: ...olations, and discriminated and harassed on the basis of her age, sex/gender, and/or perceived disability. The causes of action are: 1) HARASSMENT BASED ON AGE; 2) HARASSMENT BASED ON SEX/GENDER; 3) HARASSMENT BASED ON PERCEIVED DISABILITY; 4) RETALIATION IN VIOLATION OF PUBLIC POLICY; 5) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 6) VIOLATION OF CALIFORNIA LABOR CODE SECTION 204(A) (FAILURE TO PAY ALL WAGES ON DESIGNATED PAYDAYS); 7) VIOLATIO...

Excerpt: ...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. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLI...

Excerpt: ... 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, by failing to conduct basic research into city records pertaining to the failure of construction defendants to obtain the relevant legal permitting to conduct the substandard renovations, and failing to conduct a basic inspection or investigation of the property. The ca...

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 ...

Excerpt: ...urchased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following: · GM has not produ...

Excerpt: ...individuals, and/or substantially younger individuals. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests summary judgme...

Excerpt: ...auses 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 ENVIRONMENT IN VIOLATION OF GOVT. CODE §12940 ET SEQ. 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS; and 10. UNFAIR COMPETI...

Excerpt: ...k, and the vehicle has had unrepaired defects, 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 parties request an order compelling Defendant's further responses to Special Interrogatory Nos. 62-65, 68, 74-77...

Excerpt: ...ble to repair to conform to the warranty, after a reasonable number of repair attempts and negligence. 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. NEGLIGENT REPAIR. MP Positions Moving parties request an order compelling arbitration, on grounds including the following: · This entire case should be ordered to arbitration pursuant to the Ar...

Excerpt: ...Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, HILDA DALLAL and MARK DALLAL, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity, contribution, and declaratory relief. The DALLALS allege that 1 O...

Excerpt: ...t 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 constructiv...

Excerpt: ...t 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 needed. On 7/16/2...

Excerpt: ...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. STRICT PRODUCT LIABILITY - FAILURE TO WARN 6. BREACH OF EXPRESSED WARRANTIES 7. NEGLIGENT PRODUCT LIABILITY 8. NEGLIGENCE 9. LO...

Excerpt: ...uccessfully 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 CLE CAPITAL PARTNERS LLC ...

Excerpt: ...ODE § 52.4) 3. VIOLATION OF THE RALPH ACT (CIV. CODE § 51.7) 4. SEXUAL ASSAULT 5. BATTERY 6. ASSAULT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · The entire Complaint is barred by the statute of limitations (California Code of Civi1 Procedure § 335.1 ("Within two years: An action for assault, battery, or injury to, o...

Excerpt: ...ding because: 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...

Excerpt: ...ld 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, CIVIL CODE § 1790, ET SEQ; 5. VIOLATION OF BUSINESS AND PR...

Excerpt: ...Complaint. On 2/16/22, Plaintiff filed a Second Amended Complaint, alleging that it relied on Defendants landlord's and representatives' representations, including in the Site Plan, that the lower level of the commercial property was 4,086 square feet, in agreeing to lease it for a dance studio, but Plaintiff would not have signed the lease, if defendants had disclosed the unprofitably small size of the property. The causes of action are: (1) FRA...

Excerpt: ...ls. The causes of action are: (1) FOR PERCEIVED AND/OR RACE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Sec. 12940 ET SEQ. [FEHA]; (2) FOR PERCEIVED AND/OR AGE HARASSMENT, DISCRIMINATION AND RETALIATION IN VIOLATION OF CALIFORNIA GOVERNMENT C. Secs. 12940 and 12941 ET SEQ. [FEHA]; (3) FOR DECLARATORY RELIEF. MP Positions Moving party requests terminating sanctions against Plaintiff, on bases including the f...

Excerpt: ...ed on Defendants landlord's and representatives' representations, including in the Site Plan, that the lower level of the commercial property was 4,086 square feet, in agreeing to lease it for a dance studio, but Plaintiff would not have signed the lease, if defendants had disclosed the unprofitably small size of the property. The causes of action are: (1) FRAUDULENT MISREPRESENTATION; (2) NEGLIGENT MISREPRESENTATION; (3) VIOLATION OF PENAL CODE ...

Excerpt: ... Plaintiff 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 NUIS...

Excerpt: ... regular and/or overtime wages earned, and premiums owed due to missed meal periods and rest breaks. The causes of action is: (1) VIOLATION OF CALIFORNIA LABOR CODE § 2698, ET SEQ. (CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004). MP Positions Moving party requests an order striking the Complaint, on grounds including the following: · The PAGA representative action would be unmanageable, and would violate the due process rights of defendant a...

Excerpt: ...mes substituted service has been authorized, such as when the disobeyed order was known by the contemnor. 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 overchar...

Excerpt: ...Fire Chief Silvio Lanzas' directing Plaintiff to make available for routine local calls, 3 fire engines that had been reserved by California State funding, to be held on call for the State to use to combat wildfires. The cause of action is: 1. RETALIATION IN VIOLATION OF CALIFORNIA LABOR CODE § 1102.5. MP Positions Moving party requests an order granting summary judgment or adjudication, on grounds including the following: 1. The cause of action...

Excerpt: ...pal Code, alleging lessors' liability for residential water leaks, gas issues, electrical issues, and mold issues. On 9/23/19, plaintiffs filed a First Amended Complaint including retaliatory eviction against the DALLALS. On 10/30/19, defendants, the DALLALS, filed a Cross-Complaint against Cross-Defendant 1 OAK, for negligence, breach of contract, equitable indemnity, contribution, and declaratory relief. The DALLALS allege that 1 OAK negligentl...

Excerpt: ...merican, and complaining about discrimination. The causes of action are: 1. RACE DISCRIMINATION - DENIAL OF 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...

Excerpt: ...r 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 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) ...

Excerpt: ...Plaintiff 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 NUISA...

Excerpt: ...ging 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. MP Positions Before appellate proceedings, moving defendants had moved to dismiss this action, under the five-year statute, on bases including the following: · It was not impossible, im...

Excerpt: ...ously defective transmission. The causes of action are: 1. BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT. 2. BREACH OF EXPRESS WARRANTY UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT. 3. FRAUDULENT INDUCEMENT - CONCEALMENT. MP Positions Moving party requests an order sustaining the demurrer to the Third Cause of Action for . “FRAUDULENT INDUCEMENT - CONCEALMENT,” on grounds including the following: �...

Excerpt: ...urchased new Defendant's manufactured 2013 Chevrolet Silverado, having defects, including drive motor battery failure, and throttle system failure. On 2/23/21, the Court entered a specific and lengthy minute order compelling Defendant's further discovery responses. MP Positions Moving party requests an order again compelling further responses, and/or imposing issue and evidentiary sanctions, on grounds including the following: · GM has not produ...

Excerpt: ...dant's mother Khatun A. Kanji. At the time of that transfer, Defendant agreed to pay to Khatun A. Kanji, not less than the Equity Amount. 11. Each Plaintiff claims a one-third (1/3) share in the Equity Amount in the approximate amount of $100,000 at the time of the transfer. 12. On or about June 3, 2018, Defendant entered into an oral agreement with Plaintiffs to pay to each Plaintiff their $100,000 share of that Equity Amount, via sale or refina...

Excerpt: ...corded 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 Plaintiff, ...

Excerpt: ...ed a First Amended Complaint, 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-BE...

Excerpt: ...ISSION - VIOLATION OF BUSINESS AND PROFESSIONS CODE SECTION 7159 AND CIVIL CODE SECTION 1689.7; 3. DISGORGEMENT; 4. INTENTIONAL MISREPRESENTATION; 5. NEGLIGENCE; 6. ACTION ON CONTRACTOR'S LICENSE BOND. MP Positions Moving party requests an order sustaining the demurrer to the Complaint, on grounds including the following: · Statute of Limitations: The contractual two-year Statute of Limitations expired, and is a lawful limitation. The Complaint ...

Excerpt: ...r; and Second Cause of Action for Intentional Infliction of Mental Distress, on grounds including the following: · HARSINI had admitted to recording a telephone conversation on January 8, 2021 with Defendant (opposing counsel in a probate matter where HARSINI represents himself in pro per), without her knowledge or consent. · Based on the initial admission, MARSH lawfully filed the report with law enforcement for violation of Penal Code §632(A...

Excerpt: ...arket Center, by their abandonment, and defaulting on rent. 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 granting summary judgment against defendants, on bases including the following: · Defendants breached ...

Excerpt: ...reach of Contract and Common Count. MP Positions Moving parties request an order sustaining the demurrer to the Complaint, on grounds including the following: · Plaintiff's cause of action for fraud and insurance fraud must fail. · Plaintiff's Complaint lacks critical facts to constitute fraud, as it fails to allege any facts that Defendants made an intentional statement, or omission, for the purposes of injuring Plaintiff or another party, or ...

Excerpt: ... 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 country, (ii) be “guaranteed” to receive a significant return on the $100,000 investment, and (iii) have the ...

Excerpt: ...d, including because: 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 o...

Excerpt: ... Complaint alleging that Defendants, lessees, and unauthorized 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-re...

Excerpt: ...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, CIVIL CODE § 1790, ET SEQ; 5. VIOLATION OF BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ....

Excerpt: ... terminated from employment, and retaliated against, by defendants, due to a disability and medical condition, 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 compelling further responses to special interrogatories, and awarding $660.00 in sanctions, on bases includ...

Excerpt: ...by entering into a purchase and sale agreement, in reliance on defendants' misrepresentations about Wall Street Collective's compliance with laws involving the legality 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...

Excerpt: ...as wrongfully terminated from employment, and retaliated against, by defendants, due to a disability and medical condition, 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 compelling further document responses, and awarding $660.00 in sanctions, on bases including t...