Excerpt: ...aith and fair dealing. The demurrer is SUSTAINED, with 20 days leave to amend, as to the third cause of action for fraud. The motion to strike is DENIED. Background A. Plaintiff's Pleadings In the operative second amended complaint, [1] plaintiff Francine Kokenis alleges the following causes of action against defendants California Physician's Service doing business as Blue Shield of California and Blue Shield of California (“Blue Cross” or de...

Excerpt: ...Background This is a breach of contract matter involving $141,288 dollars between sophisticated business entities. A. Plaintiff's Allegations On July 13, 2021, plaintiff Cedars-Sinai Medical Center filed this action against defendant Independent Health Corporation (IHC) arising from defendant's alleged failure to reimburse the amount owed for a patient's medical care. Plaintiff alleges causes of action for: C/A 1: Breach of Contract C/A 2: Quantu...

Excerpt: ...lla (“Plaintiff”) commenced this action against Defendants Christopher Pham, Johnson & Pham, LLP (collectively “Pham Defendants”), Emil Hakim (“Hakim”), and Ehab Atalla (“Ehab”) on grounds that he was fraudulently induced to sell his share of Sierra Network, Inc. (“Company”) to Hakim and Ehab for a much lower sale price. Plaintiff alleges that Defendants collectively concealed the fact that they were in negotiations with Al Fa...

Excerpt: ...n.” Plaintiff has established the existence of triable issues of fact as to whether defendant's conduct relative to her discovery violation infers an abandonment of her claims which, if so, would mean that the dismissal of the underlying case was, for plaintiff, a favorable termination on the merits. Procedural Background A. The Underlying Action The parties in this case have been embroiled in a dispute over the dissolution of their law partner...

Excerpt: ...ground A. Plaintiffs' Allegations On September 15, 2021, plaintiffs Victor Aguirre and Claudia Aguirre filed this action against various defendants alleging the following causes of action: C/A 1: Civil Code § 1714.9 C/A 2: Strict Liability (Ultrahazardous Activity) C/A 3: Negligence C/A 4: Premises Liability C/A 5: Loss of Consortium C/A 6: Punitive Damages [1] Plaintiffs' causes of action arise from a fire that occurred on May 16, 2020 that cau...

Excerpt: ...ons that the “interrogatory is premature.” The County sent a meet and confer stating not much more than these Judicial Council interrogatories are indeed capable of being answered and that plaintiff's objections are not well taken. Plaintiff's opposition (filed apparently in opposition to several pending motions to compel) contends that the County did not act professionally in bringing this motion without more informal communication. The Coun...

Excerpt: ...otal of $29,745.67 in costs. Background Plaintiff Laura Diaz as successor-in-interest to Glenn Diaz (“Decedent” or “Mr. Diaz”) and in her own individual capacity brings this action against Defendants Nestle USA, Inc. (“Nestle”), et al. (collectively, “Defendants”) arising from Mr. Diaz's alleged wrongful termination from Nestle, which plaintiff alleges caused his death. Plaintiff commenced this action on November 1, 2018. On Septe...

Excerpt: ...aintiff is awarded $64,473 in reasonable attorneys' fees and $3,079.42 in costs for a total award of $67,552.42. Background This is a lemon law action. The case settled through plaintiff's acceptance of defendant's 998 offer of compromise, which consisted of damages equal to $197,000 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. Judgmen...

Excerpt: ...intiffs filed this action on March 29, 2021 against defendants Kin Hui and Singpoli Pacifica LLC (“SPL”), alleging multiple causes of action for breach of guaranties. On October 4, 2021, plaintiffs filed the operative first amended complaint (“FAC”), alleging causes of action for: C/A 1: Breach of Guaranty (Hui) C/A 2: Breach of Guaranty (SPL) Plaintiffs allege that on June 6, 2018, non-parties Park Place Commercial SPE, LLC and Boardwalk...

Excerpt: ...r fraud. The demurrer is sustained with leave to amend as to the third cause of action. Plaintiff to amend as to the third cause of action within 20 days. Background A. Plaintiff's Pleadings On June 29, 2021, plaintiff Sandra Thompson, an individual and as administrator of the estate of Tommy Thompson, filed this action against Marlowe Joaquin and 515 Irving Avenue, LLC (“Irving LLC”). Except as necessary for clarity, the court will refer to ...

Excerpt: ...nt does not cure the deficiencies set forth in this ruling. Plaintiff to amend within 20 days. Background Plaintiff's Pleadings Plaintiff Cloud Mountain, Inc. (“Plaintiff” or “CMI”) is a manufacturer and retailer of outdoor and indoor furniture whose products are sold online and to major retailers. In July 2020, CMI and defendant Cojecto Inc. (“Cojecto”) entered into a Master Service Agreement (“MSA”) and Work Order for Cojecto to...

Excerpt: ...eleventh cause of action for battery without leave to amend. The demurrer is otherwise OVERRULED. The motion to strike is granted with leave to amend as to plaintiff's alter ego allegations. The motion to strike is otherwise DENIED. The court declines to take judicial notice of the documents so requested by defendants. Even were they to be judicially noticed, it would not change the court's ruling. Plaintiff to amend within 20 days. Background On...

Excerpt: ...ng: Deny. Background On November 5, 2018, Plaintiff Claudia Rivera (“Plaintiff”), a special needs student with a severe intellectual disability, through her guardian ad litem Ericka Aquino, filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Travis Brandy, Eric Fitzpatrick, and Shellie Blackson (collectively, “Defendants”) arising from an alleged sexual assault that occurred on December 11, 2017 at Los ...

Excerpt: ...tever the source of the duty, may such duty be discharged by the allocation of risk provisions in the lease agreement? Is this issue amenable to disposition by demurrer or is it a factual controversy presented by the complaint and the ultimate answer? Background On April 9, 2019, plaintiff Prime Care, Inc. filed this action against defendants Tenantbase, Inc. (“Tenantbase”), Lane Nelson, Realty Advisory Group, Inc. (“Reality”), Mark Repst...

Excerpt: ...st defendant Avraham Hassid (“Hassid” or “Avraham”) and his wife, children, and/or affiliated companies—i.e., Defendants Ladan Hassid, Tal Hassid, Alona Hassid, Towne Stanford Property, LLC, Towne MGF LLC, Zinc Holdings, LLC, Fox Holdings, LLC, Art City Center, LLC, Loftquinox, LLC, ETO Doors Corporation (“ETO Doors”), Whittier City Center, LLC, DTLA Investments, LLC, Happy Acquisitions, LLC, Sherman Way Property Group, LLC, Atrium ...

Excerpt: ...otion to strike is otherwise DENIED. Background On March 25, 2020, plaintiffs Paris Croissant Co., LTD., Paris Baguette Bon Doux, Inc., and Paris Baguette America, Inc. (collectively, “Paris” or plaintiffs) filed this action against defendants Ujin Shin and Dongjin Shin, [1] alleging causes of action for: C/A 1: Intentional Fraud C/A 2: Fraud in the Concealment C/A 3: Breach of Contract C/A 4: Breach of Implied Covenant of Good Faith and Fair...

Excerpt: ...auses of action. The motion to strike is GRANTED with leave to amend. The first amended complaint shall be filed in 20 days. Background: On August 25, 2021, plaintiff Stephen Grollnek filed this action against Defendants Fashion Enya, NB Bros. Corp., Trendz, and Pingo Inc., alleging causes of action for: C/A 1: Breach of Contract C/A 2: Common Counts (reasonable value) C/A 3: Fraud C/A 4: Unjust Enrichment C/A 5: Intentional Infliction of Emotion...

Excerpt: ...iary objections) and questions the court is considering. The court shares this document with the parties in anticipation of oral argument. Questions What, exactly, was the intentional misrepresentation of Dale Self? And when did it occur? What, exactly, is the negligent misrepresentation of Dale Self? And when did it occur? What, exactly, is the concealment—by whom and when? According to plaintiff, what, exactly, would have changed in plaintiff...

Excerpt: ...The motion to strike is granted with leave to amend as to plaintiff's alter ego allegations. The motion to strike is otherwise DENIED. The court declines to take judicial notice of the documents so requested by defendants. Even were they to be judicially noticed, it would not change the court's ruling. Plaintiff to amend within 20 days. Background On September 23, 2021, plaintiff Charles Crosier filed this action against defendants Inglewood Prop...

Excerpt: ...is action against defendants alleging causes of action for: C/A 1: Violation of FEHA (Sexual Discrimination, Sexual Harassment, Retaliation, Failure to take Reasonable Steps) C/A 2: Violation of California Family Rights Act C/A 3: Wrongful Termination in Violation of Public Policy C/A 4: Negligent Hiring, Supervision, and/or Retention C/A 5: Sexual Battery C/A 6: Battery C/A 7: Violation of Ralph Act C/A 8: Retaliation C/A 9: Whistleblower Retali...

Excerpt: ... file its proposed answer as a separate document within 10 days. Background On June 1, 2021, plaintiff filed this action against defendant for open book account. Plaintiff alleges that over the past four years, defendants became indebted to plaintiff's assignor, State Compensation Insurance Fund (“SCIF”), upon an open book account for insurance premiums for the period of January 19, 2019 through January 6, 2020 in the principal amount of $45,...

Excerpt: ...ndants are entitled to reasonable costs for non-FEHA related claims only. To the extent that such a cost is intertwined with a FEHA and/or FEHA-related claim, the court finds that those costs are not allowable. As will be seen below, the court is calling for additional papers to see if defendant can establish its entitlement to costs within this framework, and the court will permit plaintiff to object further. The court notes that the parties hav...

Excerpt: ... parties to obtain further evidence and provide further briefing as set forth below. The parties and the court to discuss deadlines for the parties to complete the tasks below. Background Plaintiff's Allegations On September 5, 2019, Plaintiff Clarissa Vigil, on behalf of herself, all others similarly situated, and the general public, filed this class action (not yet certified) single-cause-of-action PAGA claim against Defendant United Healthcare...

Excerpt: ...ah Jo filed this action against Jinyeung Choi, alleging causes of action for: C/A 1: Breach of Contract C/A 2: Breach of Fiduciary Duty C/A 3: Unjust Enrichment C/A 4: Declaratory Relief Plaintiff is the chief financial officer, director, secretary and 50% equity shareholder of Los Coyotes Veterinary Practice, P.C. (“Los Coyotes”). Defendant is the chief executive officer, director, and 50% equity shareholder of Los Coyotes. Los Coyotes runs ...

Excerpt: ...arties about the status of (1) arbitration and (2) litigating the employment claims before this court. Background On July 14, 2017, plaintiff Guido Solares filed the original complaint in this action against defendants, alleging the following causes of action: C/A 1: Contract C/A 2: Fiduciary Duty C/A 3: Good Faith Covenant C/A 4: Conversion C/A 5: Fraud By False Promise C/A 6: Wrongful Discharge C/A 7: Detrimental Reliance C/A 8: Labor Code Viol...