Excerpt: ...ED WITHOUT LEAVE TO AMEND as to the fifth cause of action. Background Plaintiff Michael August filed this lemon law action against defendants Galpin Motors, Inc. (“Galpin”) and Ford Motor Company (“Ford”) relating to plaintiff's purchase of a 2008 Ford F-350 (the “Vehicle”), which he purchased on May 9, 2007. Plaintiff alleges that the Vehicle and its alleged defects in 6.4-liter diesel engine. Defendants previously demurred to the co...

Excerpt: ...d to file a default judgment package by June 6, 2022 that cures the deficiencies set forth below or serve Scherrer by then. Background: On February 1, 2021, plaintiff Garcia Legal, A.P.C., filed this action against defendants Traditional Escrow, Inc., and Annette Lee Scherrer alleging causes of action for breach of contract and open book account. Plaintiff alleges that plaintiff entered into two legal services agreements with Traditional Escrow (...

Excerpt: ...l claims between Accelerate, Damari, and Spector is concluded. At the hearing, Spector may explain why the claims she has brought and says she intends to bring do not arise out of the same transaction or series of related transactions and there is not a possibility of conflicting rulings on a common issue of law or fact.” (Cal. Civ. Proc. Code § 1281.2(c)). Background A. Plaintiff's Complaint On July 28, 2021, plaintiff Accelerate Construction...

Excerpt: ...that the court sets forth in the last section of this ruling below. Counsel should be prepared to address these questions for the court at the hearing. Background A. Plaintiff's Initial PAGA Complaint On October 27, 2020, plaintiff Oscar Gonzalez filed a single cause of action PAGA representative suit, alleging that defendant N S Corporation committed various labor code violations: (1) failing to comply with California law concerning payment of l...

Excerpt: ...s-complaint. The court has spent considerable time identifying with particularity the deficiencies in cross-complainants' allegations. Any amendment should take into account the court's analysis and answer the various questions that the court has raised. The court is not inclined to grant further leave to amend if cross-complainants' second amended cross-complaint is still deficient. Background A. Plaintiff's Pleadings On August 6, 2020, plaintif...

Excerpt: ...filed this action against defendant Kaiser Foundation Hospital, alleging causes of action for (1) violation of Health and Safety Code section 1278.5, (2) violation of Labor Code section 98.6 and 1102.5 (whistleblowing), (3) violation of Labor Code section 6310, (4) hostile work environment, (5) discrimination, (6) retaliation, (7) failure to take all reasonable steps necessary to prevent discrimination, retaliation, and harassment, (8) wrongful d...

Excerpt: ...ackground On July 28, 2021, plaintiff Raul Flores filed this action against defendants Select Produce, Inc., Elliot Michaels, and Craig Poliksy, alleging the following causes of action: C/A 1: Whistleblower Retaliation C/A 2: Wrongful Constructive Discharge of Employment C/A 3: Intentional Infliction of Emotional Distress C/A 4: Breach of Express Oral Contract not to Terminate Employment without Good Cause C/A 5: Breach of Implied-in-Fact Contrac...

Excerpt: ... mandate, initiating this proceeding against defendants Los Angeles County Metropolitan Transportation Authority and its Board of Directors (collectively “MTA”) and Republic Services, Inc. (“Republic Services”), alleging that MTA wrongfully awarded contracts for waste management to Republic Services instead of plaintiff after subjecting plaintiff to extensive inquiries and scrutiny with questionable motives. On March 29, 2021, plaintiff f...

Excerpt: ...every time such an incidence was reported. It is also undisputed that defendant suffered from sleep apnea and cardiomyopathy. The question here is whether plaintiff's sleeping on the job was a cut-and-dry violation of company policy and therefore the reason for termination was non-discriminatory? Or was plaintiff's disability the cause of his sleeping on the job, which then required reasonable accommodation such that a discriminatory animus can b...

Excerpt: ...el. Plaintiff obtained a judgment in Illinois against her ex-husband in the amount of $176,595.40 for defendant's failure to pay child support on March 9, 2021 (the “Sister-State Judgment”). On December 20, 2021, defendant filed a motion to vacate the Sister-State Judgment on the grounds that:  The judgment is not final and unconditional  The judgment was obtained by extrinsic fraud  The judgment was rendered in excess of jurisdictio...

Excerpt: ...this action against defendants Alki David Productions, Inc. (“ADP”), and Alki David. He alleges he was wrongfully terminated by ADP on September 27, 2017 due to his complaints of, and refusal to, participate in unlawful activity. Plaintiff alleges that he protested when ADP demanded that he install hologram equipment in a theater by a September 28, 2017 special private event deadline even though plaintiff reasonably believed that such conduct...

Excerpt: ....65. Background Plaintiffs John and Judith DeLong filed this action against defendants Engel & Engel, LLP (“Engel”), Douglas Chadwick Biggins (“Biggins”), and First American Title Company (“First American”) for declaratory relief. Plaintiffs' cause of action relates to defendants' efforts to collect a judgment in an underlying case. Plaintiffs alleged that defendants' collection efforts were improper because they were undertaken again...

Excerpt: ...surance Trust (the “Trust”), a trust that owned a life insurance policy (the “Policy”) insuring the life of Plaintiff's father, defendant Naftali Deutsch. As part of a broader ongoing family dispute, plaintiff brings this suit against his family members—his father defendant Naftali Deutsch, his ex- wife defendant Deborah Deutsch, his niece defendant Nicole Dreicer (who is also a notary public), and defendant Benjamin Deutsch, Naftali's ...

Excerpt: ...020, plaintiff CA Bijoux Bijoux, Inc. filed this action against defendants Behrouz Messian and Sharona Yeshoufar Messian [1] seeking damages arising from the defendants' alleged theft of funds from plaintiff's bank account. In the operative first amended complaint (filed March 1, 2021), plaintiff alleged the following causes of action against defendants C/A 1: Theft, Embezzlement, and Conspiracy to Steal and Embezzle C/A 2: Conversion and Conspir...

Excerpt: ...e prepared to make a binding admission that they will not seek compensation from the Demblings, by lawsuit or arbitration or otherwise, the court is prepared to grant this application at least as to those parties who were served with the notice of motion. Background On November 10, 2021, plaintiff Stacy Nelson, individually and as trustee of the Stacey L. Nelson Trust Dated September 12, 2018 filed this action against the following defendants: Na...

Excerpt: ...ted to alleged deficiencies and non- conformities of a new 2019 Chevrolet Bolt EV that plaintiff purchased. The original complaint alleged causes of action for:  C/A 1: Breach of Implied Warranty of Merchantability under the Song-Beverly Act  C/A 2: Breach of Express Warranty under the Song-Beverly Act On January 28, 2022, plaintiff filed the pending motion for leave to file a first amended complaint to add a cause of action for Violation o...

Excerpt: ... to why and how the Sheriff's Department was dispatched to petitioner's home (either because there was violent domestic violence occurring or because petitioner called 911 by mistake), in the ensuing melee, petitioner's “life partner” Michael Thomas was shot and killed by the officers. Petitioner seeks damages for emotional trauma and mental anguish. The issue is whether she should be excused for her submission of a late government claim. As ...

Excerpt: ...Counsel's motion for attorneys' fees and approves a fee award of 1/3 of the total settlement amount as reasonable. The court further approves of a $10,000 service award for each of the two class representative plaintiffs. Finally, the court approves of administration costs to the Settlement Administrator in the total amount of $45,051. The additional $3,051 in administration costs that the administrator incurred shall be paid out of any uncashed ...

Excerpt: ...irst amended complaint (“FAC”), filed January 29, 2016, plaintiff allege the 16 causes of action against defendants Thomas Wylde, LLC (“TW”), John Hanna, Jene Park, Shot in the Armoire, LLC, and H&H Fashion, LLC. This action arises from Thomas' termination of employment with TW. Defendant TW filed its own cross-complaint against Thomas and PDTW, LLC. In the operative second amended cross-complaint (“SACC”), filed January 10, 2017, TW ...

Excerpt: ...round A. Pleadings This case arises from a motor vehicle collision that occurred on December 3, 2015, in which claimant Jacqueline Caldea alleges to have suffered injuries. On May 3, 2021, claimant filed a Petition to Assign Case Number and petitioned this court to have a case number assigned in an underlying uninsured motorist arbitration action. Respondent Interinsurance Exchange of the Automobile Club is claimant's insurer. A. Prior Procedural...

Excerpt: .../b/a FirstSource Solutions Tentative Ruling: The Board's second motion for summary judgment is DENIED. FSS's first motion for summary judgment is GRANTED. FSS's associated motion to seal is GRANTED. Background A. Pleadings On February 22, 2019, plaintiff Elizabeth Acosta, D.C. filed this action against defendants Board of Chiropractic Examiners (“Board”) and First Hospital Laboratories, Inc. dba FirstSource Solutions (“FSS”), alleging tha...

Excerpt: ...tion to compel arbitration. The court provides the court's preliminary analysis of the issues raised below, but will not make a final ruling until after the hearing. The court orders Mr. Recino to appear at the hearing in person or by LACourtConnect for plaintiff's cross- examination on the subject of his reply declaration. The parties are to discuss with the court whether or not Dr. Pullman should also be included in arbitration at the hearing. ...

Excerpt: ...or a total award of $42,730.40. Background This is a lemon law action. The case settled through plaintiff's acceptance of defendants' 998 offer of compromise on August 20, 2021, which consisted of damages equal to $145,000 in exchange for return of the vehicle. The offer also provided for attorneys' fees, costs, and expenses in an amount to be determined by motion to the court. On February 10, 2022, plaintiff filed a motion for attorneys' fees an...

Excerpt: ...iled this action against defendants Aids Healthcare Foundation (“AHF”), Statewide Enterprises, Inc. (“Statewide”), and 423 7 th Street, LLC (“423 LLC”), claiming numerous violations of habitability at plaintiff's former residence (the “Madison Hotel”) owned by defendants and other torts allegedly committed during her eviction. While the parties dispute whether plaintiff was a tenant of unit 505 and 506 at the Madison Hotel, a cour...

Excerpt: ...s. Background: Plaintiff Viviriana Guatemala filed this employment action against Defendants Regus Management Group, LLC, and Erika Deras, alleging that she was subject to discrimination, harassment, retaliation, and termination based on her disability. In the then-operative third amended complaint, she alleged the following causes of action against defendants: C/A 1: Disability Harassment in Violation of the FEHA C/A 2: Disability Discrimination...