Excerpt: ... in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, and granting the motion to strike, on bases includin...

Excerpt: ...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-represented litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-co...

Excerpt: ...luding that, plaintiffs are entitled to various security interests, and damages, related to business loans made, and that, about September 10, 2015, as an inducement to plaintiffs to grant financial accommodations to non-party, 450 5. Western, LLC, individual defendants executed written guaranty agreements, as to obligations of that non-party. The causes of action are: 1. BREACH OF WRITTEN GUARANTY AGREEMENT 2. BREACH OF WRITTEN GUARANTY AGREEMEN...

Excerpt: ...tion 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson saw a doctor for ...

Excerpt: ...O CODE OF CIVIL PROCEDURE SECTION 597; OR, IN THE ALTERNATIVE, IN LIMINE, TO EXCLUDE EVIDENCE RELATING TO DOE DEFENDANT ROBERT WADE LOHMAN AS BARRED BY THE STATUTE OF LIMITATIONS. Notice: Okay Opposition MP: DOE NO. 1 Defendant ROBERT WADE LOHMAN RP: Plaintiff Summary On 3/18/19, Plaintiff MATTHEW BOELK filed a Complaint against Defendant LAURA CHAMBER, alleging: 9. Plaintiff is informed and believes and thereupon alleges that in or about 11 Sept...

Excerpt: ...horized 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-represented litigants, filed a Cross-Complaint alleging t...

Excerpt: ...MENTS (SET ONE). MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS FOR DEFENDANT'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS AND NOT DEEM MATTERS ADMITTED. MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET ONE). MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE). Notice: Okay Opposition MP: Defendant Plaintiff RP: Plaintiff Defendan...

Excerpt: ...d rest periods), and provisions of Labor Code section 226. 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. FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCE...

Excerpt: ...cess or reasonably accommodate Plaintiff's disability and discriminated against Plaintiff based on her disability. The causes of action of the Complaint are: 1. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(m) [FAILURE TO ACCOMMODATE DISABILITY] 2. VIOLATIONS OF CALIFORNIA GOVERNMENT CODE §12940(n) [FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS] AGAINST ALL DEFENDANTS 3. VIOLATION OF CALIFORNIA GOVERNMENT CODE §12940(a) [DISABILITY DISCRIMINATI...

Excerpt: ... her promises of selling residential property-- 3870 Clinton Street, Los Angeles, California 90004. On 2/21/20, Plaintiff filed an application for publication, which was approved by the Court on 4/13/20. On 9/15/20, a Request for Entry of Default was filed. On 2/8/21, a Default Judgment was issued by the Court, ordering that Defendant VIRGINIA shall specifically perform under the terms of the Agreement and sign all necessary documents and complet...

Excerpt: ...ent to the jury, in a prior case of the corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: ·...

Excerpt: ...ty, 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-represented litigants, filed a Cross-Complaint alleging that cross-defendants negligently leased a residence to cross-complaints, having unrepaired habitabilit...

Excerpt: ..., owned as Plaintiff's separate property prior to the parties' marriage, was a transfer made without consideration to the Plaintiff and to the community property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests reconsideration of orders made 7/26/2021, granting Plaintiff Margarita Rosiak's Moti...

Excerpt: ...e for Plaintiff investing money. The causes of action are: MP Positions Moving parties request an order sustaining the demurrer to the Causes of Action of the First Amended Complaint, on bases including the following: · Contract Breach: Plaintiff fails to identify the parties to each contract, the basic terms of these contracts, or whether they are oral, written, or implied in fact. It is unclear how many agreements are alleged to have been made...

Excerpt: ...P: 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 restaurants that serve ramen noodles and related food products. Plaintiff alleges that Defendant ...

Excerpt: ...f, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (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 ...

Excerpt: ... infestations, under the ownership or management of defendants. MP Positions Moving party requests a protective order limiting the 360 Requests for Admissions, Set One, and Form Interrogatories, Set One, propounded by Plaintiffs, or a 120-day extension to respond. The motion is based on grounds including the following: · The discovery propounded is overly burdensome and oppressive insofar as it is vague, ambiguous, and calls for legal contention...

Excerpt: ...e corporate assignor, while deceiving Plaintiff as to their actual intentions. The causes of action are: (1) Fraud – Deceit and Concealment (2) Fraud - Misrepresentation (3) Intentional Infliction of Emotional Distress (4) Civil Conspiracy (5) Fraud – Constructive Fraud. MP Positions Moving party requests an order sustaining the demurrer to the First Amended Complaint, on bases including the following: · Plaintiff attempts to bring an action...

Excerpt: ...., alleging that Defendant breached “Wayfarer Subcontract,” including by failing to complete work, and failing ailing to timely compensate its vendors and employees. The Plaintiff's causes of action are: 1. BREACH OF CONTRACT (442 OCEAN PROJECT) 2. BREACH OF CONTRACT (WAYFARER PROJECT) 3. BREACH OF CONTRACT (207 E. SEASIDE PROJECT) 4. INTENTIONAL MISREPRESENTATION (442 OCEAN PROJECT) 5. INTENTIONAL MISREPRESENTATION (WAYFARER PROJECT) 6. INTE...

Excerpt: ...N (CAL. GOV'T CODE § 12940(A)); 2. FAILURE TO ACCOMMODATE (CAL. GOV'T CODE § 12940(M)); 3. FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS (CAL. GOV'T CODE § 12940(N)); 4. RETALIATION UNDER FEHA (CAL. GOV'T CODE § 12940(H)); 5. FAILURE TO PREVENT DISCRIMINATION (CAL. GOV'T CODE § 12940(K)); 6. INTERFERENCE UNDER CFRA (CAL. GOV'T. CODE § 12945.2(Q)); 7. RETALIATION UNDER CFRA (CAL. GOV'T. CODE § 12945.2(K)); AND 8. WRONGFUL TERMINATION IN VIOLA...

Excerpt: ...laint alleging: Mrs. Lam “was found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvi...

Excerpt: ...comfortable working for UNIFIRST as a result of RUVALCABA's harassment, and due to UNIFIRST's inaction and failure to accommodate. The causes of action are: 1. BATTERY; 2. ASSAULT; 3. SEXUAL BATTERY (CIVIL CODE§1708.5); 4. DISCRIMINATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 5. HARASSMENT IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 6. RETALIATION IN VIOLATION OF GOV'T CODE §§12940 ET SEQ.; 7. FAILURE TO PREVENT DISCRIMINATION, HARASS...

Excerpt: ... on April 28, 2017, after being directed by the Court in a pending partition action between the same parties, to prepare an order, Defendant Michael Schwimer, forged onto the minute order additional sanctions that had not been ordered by the Court. The order containing the forged additional provision added by Defendant was void the instant the Court signed the forged order. On 8/9/21, plaintiffs filed a request for dismissal of this entire action...

Excerpt: ... Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (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...

Excerpt: ...ril 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 10/6/21, the Court of Appeal summarily denied, the unopposed petition for writ of mandate filed on August 16, 2021, by Defendant LA...

Excerpt: ...American, Fire Prevention Officer in the department) filed a Complaint alleging that defendants subjected them to continuous discrimination and harassment, based on race, disabilities, and protests, including public belittlement, false accusations and evidence tampering. The causes of action are: 1. REDRESS PROSCRIBED HARASSMENT 2. REDRESS DFEH PROSCRIBED RACE DISCRIMINATION 3. REDRESS DISABILITY DISCRIMINATION 4. REDRESS DFEH-PROSCRIBED RETALIAT...

Excerpt: ... tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-conspirators. Further, Plaintiff alleges that the premises had various uninhabitable conditions, and The causes of action are: 1....

Excerpt: ... GRANTED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition and reply. “Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. ...

Excerpt: ...n 2/16/21, Plaintiff filed a First Amended Complaint, alleging that defendants created a mentorship and networking 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...

Excerpt: ...-represented litigant, filed a Complaint. On 5/18/21, Plaintiff filed a First Amended Complaint, alleging that Plaintiff was a tenant at 457 W. Front Street, Apt. 4, Covina, and Defendant PI PROPERTIES NO. 143 LLC never effected service of the eviction summons on Plaintiff, but obtained the Default Judgment based on a fraudulent proof of service filed in the underlying unlawful detainer action, with the participation of other defendants as co-con...

Excerpt: ...ed a 2016 Nissan Sentra, having serious defects and nonconformities to warranty, including, the transmission and related systems engine and related system, brake and related system, emissions system, lack of power, smoke from exhaust, vehicle stalling, vehicle shutting off, and mass air-flow meter. The causes of action are: 1. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF EXPRESS WARRANTY; 2. SONG-BEVERLY CONSUMER WARRANTY ACT – BREACH OF IM...

Excerpt: ...SSOCIATES LLC filed a Complaint for Declaratory Relief, against Defendant AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY (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...

Excerpt: ...ST, as holder, and assignee, of a construction-related deed of trust, on 5055 Mount Helena Ave, Los Angeles, wrongfully foreclosed, during when Plaintiff genuinely disputed a grossly inflated pay-off amount, thereby interfering with Plaintiff's commenced (but not completed) sale, of its property, to co-Defendant REBECCA DARNELL who has taken possession of the property without paying rent. The causes of action are: 1) QUIET TITLE TO REAL PROPERTY ...

Excerpt: ...COMPANY. RP: Plaintiff Summary On 10/14/20, Plaintiff GARDASH LLC d/b/a GQ HOOKAH LOUNGE filed a First Amended Complaint alleging that, on or about March 12, 2020, Plaintiff's residential property was damaged, when a water 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 defendan...

Excerpt: ...olation of Public Policy; (2) Retaliation in Violation of Public Policy; (3) Disability Discrimination (FEHA); (4) Hostile Work Environment Harassment (FEHA); (5) Failure to Provide Timely Access to Employee Payroll and Personnel Records; (6) Failure to Prevent Harassment, Discrimination, or Retaliation (FEHA); (7) Failure to Engage in the Interactive Process (FEHA); (8) Failure to Provide Reasonable Accommodations (FEHA); (9) Failure to Provide ...

Excerpt: ...-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 5. NEGLIGENT REPAIR. The case settled, starting with the stipulations filed 9/17/20 and 11/2/20. MP Positions Moving parties request the Court to award attorney fees and costs ($22,821.50, with multiplier of ...

Excerpt: ...fendants KARKOUR SIMONIAN, SIMON SIMONIAN, KARKOUR FINE JEWELRY, INC., and KFJ TRADING INC., alleging that, as collateral for a debt, Defendants fraudulently provided Plaintiff with twenty-five wrist watches that Defendants represented to Plaintiff were valued at $140,331, but the worth was actually $57,500 or less. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 3. QUANTUM MERUIT 4. ACCOUNT ST...

Excerpt: ...No. BC560906, was conducted negligently, and in a conflicted manner advantageous to its client Farmers Insurance, which caused an adverse judgment by Judge Fruin, after trial, and Plaintiff's need to settle the for $170,000, so that the court would not award attorney's fees estimated at about $200,000. On 1/14/21, plaintiffs filed the Second Amended Complaint, having causes of action for: 1. BREACH OF FIDUCIARY DUTY 2. NEGLIGENCE. Per the 6/22/20...

Excerpt: ...contractual obligations owed to CityLift, disparaging CityLift to its customers, stealing CityLift's trade secrets and proprietary information, and using those trade secrets to unfairly compete against CityLift. Defendants' attack has caused CityLift significant economic injuries as well as damage to its business reputation, goodwill, and position in the marketplace, and Defendants will continue to cause such harm until the Court grants CityLift ...

Excerpt: ...efective plumbing, flooring and weather proofing, defective flooring, defective windows, defective doors, and cockroach, bedbug, and rodent infestations. The causes of action are: 1. VIOLATION OF CIVIL CODE § 1942.4 2. TORTIOUS BREACH OF THE WARRANTY OF HABITABILITY 3. PRIVATE NUISANCE 4. BUSINESS & PROFESSIONS CODE § 17200 ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET ENJOYMENT 7. VIOLATION OF LOS ANGELES MUNICIPAL CODE §§ 152.06, 152...

Excerpt: ...mprovement agreement, after fire damage caused to the individual owner defendants' home. The causes of action are: 1. BREACH OF OBLIGATION TO PAY MONEY 2. BREACH OF WRITTEN CONTRACT 3. FORECLOSURE OF MECHANIC'S LIEN 4. REASONABLE VALUE OF LABOR AND MATERIALS FURNISHED. On 5/2/19, the Court entered judgment in favor of Defendants STACY BARNHISEL and JOSHUA HABER and against Plaintiff TRICOAST BUILDERS, INC. The Judgment was affirmed by unpublished...

Excerpt: ...as found barely conscious and in pain on the floor of the Defendant's patient care facility, suffering from blunt head trauma,” due to defendant's negligent acts. Complaint, 4:18-19. Another patient heard Mrs. Lam fall, and repeatedly called for Sunny View staff for 15 minutes, before anyone responded. “[T]hat staff member failed to immediately call 911, family members, or the staff doctor, despite Mrs. Lam's obvious head trauma and physical ...

Excerpt: ...nd Defendants undertook to act on Plaintiff's behalf in acquiring a suitable property for Plaintiff, but made misrepresentations about property desirability, to induce Plaintiff's undesired purchase, resulting in Defendant's obtaining a commission. The causes of action are: (1) BREACH OF CONTRACT (2) NEGLIGENT MISREPRESENTATION (3) BREACH OF FIDUCIARY DUTY. MP Positions Moving party requests an order sustaining the demurrer to the 1 st and 3 rd C...

Excerpt: ...that defendants breached two settlement agreements, accepted by email and by conduct, regarding Plaintiff's underlying case, about being unable to obtain or sell the vast majority of his shares of Global Eagle Entertainment, Inc. stock. The causes of action are: (1) BREACH OF WRITTEN CONTRACT (2) BREACH OF WRITTEN CONTRACT. On 3/18/19, Defendant filed a Cross-Complaint against Plaintiff, having claims for: (1) BREACH OF CONTRACT (2) DECLARATORY R...

Excerpt: ...n 11/24/20, Plaintiff filed a First Amended Complaint alleging: Defendants unlawfully discriminated in employment, on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of...

Excerpt: ...nd on the sidewalk, and violated laws in store operation. Defendant and Cross-Complainant SOLEYMAN SEFARADI filed a First Amended Cross- Complaint seeking an equitable easement over the LARSON'S property. MP Positions Moving parties request to issue protective orders, for reasons including the following:  The Court should find that Albees Defendants fail to meet their burden of justifying the number of the interrogatories. There is no justific...

Excerpt: ...on account of religion, age and disability. Plaintiff experienced an increasingly hostile and retaliatory work environment, which she believes was a result of discriminatory acts, resulting in threats to change accommodation of her work hours that had been established since her employ, and inadequate updates in training and notice of changes in work procedures. Defendants subjected Plaintiff to a deliberate course of harassment, demeaning remarks...

Excerpt: ...sfer made without consideration to the Plaintiff and to the community property of the marriage. The causes of action are: 1. FRAUDULENT TRANSFER OF ASSETS; 2. AVOIDANCE OF FRAUDULENT TRANSFER OF ASSETS; 3. BREACH OF FIDICUARY DUTY; 4. QUIET TITLE. MP Positions Moving party requests an order quashing Defendant's deposition subpoenas (to Rivera Health Care Center, and Chase Bank), and awarding monetary sanctions ($3,540, for each motion), on ground...

Excerpt: ...  Plaintiff filed an earlier class action on December 16, 2020, entitled Justin Grant, individually and on behalf of himself and all other similarly situated, v. T-Mobile USA, Inc., Los Angeles County Superior Court Case No. 20STCV48067, which was removed to the United States District Court.  There are two courts potentially ruling on the same labor code violations involving the same employer and employees.  Plaintiff does not dispute th...

Excerpt: ...On 10/23/19, Plaintiff filed a Complaint alleging that, as the result of a staged car accident, Plaintiff reasonably relied to its detriment on the Defendants' misrepresentations that repair costs for purported damage to a 2016 Mercedes-Benz S600 Maybach were $45,730.03, which Safeco paid to Defendants pursuant to an automobile insurance policy. On 4/26/21, Defendant SARKIS EKIMYAN filed a form Cross-Complaint against Plaintiff, alleging breach o...