Excerpt: ... action for FEHA violations and a violation of Labor Code section 1102.5 against his former employer, Defendant Natures Image, Inc. (De fendant). On January 23, 2024, Defendant filed a “petition” to compel arbitration pursuant to the parties' arbitration agreement.[1] Plaintiff opposed the petition. A reply was filed. The motion to compel arbitration is granted. Evidentiary Issues Plaintiff's objection to the reply as untimely is overruled. P...

Excerpt: ...nt alleges, on March 29, 2022, Plaintiff Ed Michaels (Plaintiff) was injured by Defendants Cedars -Sinai Medical Center (Cedars -Sinai), California Rehabilitation Institute, and Alexandra Strouss, M.S., in the course of their treatment and care of Plaintiff. The Complaint contains a single cause of action for professional negligence/medical malpractice. Defendants California Rehabilitation Institute, LLC and Alexandra Strouss, M.S. (Defendants) n...

Excerpt: ...everly Consumer Warranty Act action, Plaintiff Dayna Campbell (Plaintiff) alleged two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. Prior to trial, Defendant BMW of North America, LLC (Defendant or BMW) served an offer of compromise upon Plaintiff under Code of Civil Procedure section 998 (998 Offer). Plaintiff rejected this 998 Offer. Following trial, the jury found no breach of the ...

Excerpt: ...d causes of action and sustained as to the first cause of action as to Cross -Defendant Wills only, all without leave to amend. The motion to strike is granted . This case arises from a landlord -tenant dispute. On June 20, 2023, Plaintiffs Susan McCleary, Jada Fraser, Ricardo Wills and Johnny Parker filed their Complaint, alleging eleven causes of action: (1) Unlawful Actions by Landlord to Influence Tenant to Vaca te [Civ. Code § 1940.2]; (2) ...

Excerpt: ...nst Defendant Kia Motors America, Inc. (Kia) and DOES 1- 10. Plaintiffs are co-owners of a 2016 Kia Soul (Vehicle). Initially, Knox leased the Vehicle by herself in December 2015 from Kia of Downtown. Then, in January 2020, Knox and Caver purcha sed the Vehicle together. On March 20, 2023, Defendant Kia filed a demurrer to the First Amend Complaint. Plaintiffs opposed the demurrer. The Court sustained the demurrer based on uncertainty. The Second...

Excerpt: ... as to the fourth cause of action. The motion to strike is granted. This is an action over ownership distribution allegedly owed but not paid by Defendants RPM Property Management, LLC (RPM), Chen- Wei Liu, Yiuli Yeh, and Catherine Liu to Plaintiff Chi-Ping (Plaintiff). On October 13, 2023, Plaintiff filed this lawsuit alle ging the causes of action for (1.) accounting, (2.) failure to pay distributions, (3.) breach of fiduciary duty, (4.) conver...

Excerpt: .... The demurrer is sustained as to the fourth cause of action and sustained as to Individual Defendants only as to the third and eighth causes of act ion. The demurrer is otherwise overruled. On July 25, 2023, Plaintiffs Mi In Fashion, Inc., Hyun S. Lee, and, Young Mi Lee filed this lawsuit alleging the causes of action for (i) failure to pay overtime wage, (ii) failure to pay minimum wage, (iii) failure to pay commission (by Plaintiff Pak only ),...

Excerpt: ...s out of an employment dispute. Plaintiffs Mirna Cuellar and Hector Cuellar (Plaintiffs) sued Defendant May Fok in her individual capacity and as trustee of the Fok Family Trust (Defendant) for breach of contract and various Labor Code violations, such as failure to pay minimum wage and waiting time penalties. Plaintiff Mirna Cuellar alleges she worked as the property manager of an apartment building (Property) pursuant to a written agreement. Pl...

Excerpt: ...eged failure of Defendants Thayer West LLC and Payam Amin to maintain and repair the property located at 1817 Thayer Ave., Los Angeles, California 90025, where Plaintiffs resided (Property). Plaintiffs Seiichi Saito, Sophia Saito, and Julia Saito (jointly, Plaintiffs) filed a Complaint, alleging claims for: (1) Breach of Implied Warranty of Habitability; (2) Negligence; (3) Nuisance; and (4) Violation of Civil Code Section 1942.4. On January 29, ...

Excerpt: ...venth, eighth, ninth and tenth causes of action. The Motion to Strike is granted in part, denied in part, and moot in part . Plaintiff Clifford Katab is the former COO of Defendant Performance Team LLC (Performance Team); Defendant Craig Kaplan was its CEO. Plaintiff Katab now sues Defendant Kaplan and Performance Team based on events relating to the sale of Performance Team to new owners, Damco Distribution Services Inc. (Damco). The allegations...

Excerpt: ... Tara Niknejad and Nicky Gathrite, alleging that Defendants induced Plaintiff to enter into an agreement based on representations made by Defendants in their Services Agreement, including that Defendants would act to protect Plaintiff's interests. She alleged that Defendants sent explicit messages and disseminated photos to online users of OnlyFans without Plaintiff's consent. The Complaint contains ca uses of action for breach of contract, breac...

Excerpt: ...roup LLP, formerly known as Fredman Lieberman Pearl, LLP (FLP), Howard S. Fredman (Fredman), Marc A. Lieberman (Lieberman), and Mark J. Pearl (Pearl) (collectively, Defendant FLP) in an underlying litigation arising from Kettle r's actions as the power-of -attorney for Donna and Daniel Gould in helping them manage their financial affairs and personal assets (Underlying Action). During the trial in the Underlying Action, Kettler fired Defendant FL...

Excerpt: ...ntiff Leticia Blanco (Plaintiff) filed the instant action against Defendants DLF Logistics LLC (DLF), Joeana Lugo, And Devan Carez (collectively, Defendants), asserting claims for sexual harassment, discrimination based on sex, disabil ity discrimination, retaliation, wrongful termination, and related claims. On January 13, 2023, Defendant DLF filed a motion to compel this matter to arbitration and stay all proceedings. On April 17, 2023, the Cou...

Excerpt: ...re section 473, subdivision (b), is denied. Plaintiff Lewis Brisbois Bisgaard & Smith LLP (Plaintiff), a law firm, brought this action against their former client, Defendant Great Host International, Inc. (Defendant) for failure to pay attorneys' fees in excess of $100,000.00. After Defendant failed to file an Answer, default was entered against Defendant on May 26, 2023. The Court entered default judgment on July 21, 2023. On January 18, 2024, D...

Excerpt: ...orney's fees. This is a breach of contract and fraud action in which landlord Plaintiffs Chaehoon Song and Booyean Song (Plaintiffs) allege that tenant Defendants Lonnie Wall, W2K Properties, LLC and Leslie Wall (Defendants) improperly used the real property located at 1452 and 1454 E. 23 rd Street, Los Angeles, CA (Property) as transitional housing and failed to pay rent. After granting a motion for terminating sanctions, this Court struck all D...

Excerpt: ...e motion for summary adjudication is granted as to Issues Nos. 1- 3, and 6, and denied as to Issues No. 4-5. This is an employment discrimination case brought by Plaintiffs Thomas Villanueva (Villanueva) and Hernando Quitero (Quitero) (Plaintiffs) against former employer, Robbins Brothers Jewelry, Inc., and their former supervisor, Mark Pimental (Pimental) (joint ly, Robbins Brothers). Plaintiffs allege their employment was terminated based on th...

Excerpt: ...strator of the estate of Stephen Jefferey Gelff (Gelff), alleges that Anne Frances Weiss (Weiss) and Gelff acquired properties together in the early 1990s and formalize d their real estate business partnership with a Joint Venture Agreement (Agreement) on December 17, 1997. (Compl., ¶¶ 13-17.) Originally, Weiss and Gelff jointly held four properties together, which were all held in Weiss's name. (Compl., ¶ 19.) Thereafter , in conjunction with...

Excerpt: ...ction and overruled as to the third cause of action. This is an action for breach of contract arising from real estate commissions. In the Complaint, Plaintiff Anderson Real Estate Group (Plaintiff) alleges that Defendant KJ Ticehurst (Ticehurst) owes Plaintiff $67,729.75 in commissions arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiff. Plaintiff further alleges Defendants Coralyn Wahlberg, Claudia Pardon, and...

Excerpt: ...to third cause of action. The Motion to Strike is granted. This is a Song-Beverly action. On November 28, 2019, Plaintiff Gavin Davis (Plaintiff) purchased a 2019 Chevrolet Bolt EV (Vehicle). On October 2, 2023, Plaintiff sued Defendant General Motors, LLC (GM) alleging three breach of warranty claims under Song-Beverly, and causes of action for fraudulent concealment/misrepresentation, negligent misrepresentation and violation of Business and Pr...

Excerpt: ...ur (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, detaining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defendant was a victim in this confrontation. The Complaint alleges claims for (1.) false light, (2.) assault, (3.) false impris...

Excerpt: ...e. Plaintiff Daryl G. Crouse (Plaintiff or Crouse) alleges he was discriminated against and ultimately terminated from his position as an attorney at Defendant eAccidents, APC (Defendant or eAccidents) based on his religion and for reporting Defendant Avi E. Muhtar's harassing behavior. On October 2, 2023, Plaintiff filed a Complaint for (1.) wrongful termination, (2.) retaliation under Labor Code section 1102.5, (3.) religious discrimination, (4...

Excerpt: ...to amend as to the second cause of action against Defendant LuxUrban, Inc. only, and overruled as to the third cause of action. This action arises from a commercial landlord tenant dispute. On March 15, 2023, Plaintiff 819 S. Flower, LP (Plaintiff) and Defendants LuxUrban RE Holdings, LLC and LuxUrban Hotels Inc. (Defendants) entered into a commercial lease to operate a hotel (Original Lease). The Complaint alleges that Defendants made a number o...

Excerpt: ...ro's (Quintero) (jointly, Plaintiffs) filed a Complaint, alleging FEHA claims for (1) discrimination based on religion, (2) harassment based on religion, (3) retaliation for complaints of religious discrimination and/or harassment, (4) retaliation for reporting violations of law (Labor Code § 1102.5 and 1102.6), and (5) wrongful termination against their employers, Defendants Robbins Brothers Jewelry, Inc. and Mark Pimental (Defendants). On Apri...

Excerpt: ...aintiff Control Air Enterprises Tentative Ruling: Defendant Webcor Construction, L.P.'s demurrer to fifth cause of action is sustained without leave to amend. Defendant Next Century Partners Mezzanine Borrower, LLC's demurrer to first, second, sixth, seventh and eighth causes of action is overruled. This action arises from a dispute involving a $1.5 billion construction renovation of the Hyatt Regency Century Plaza Hotel in Century City (Project)...

Excerpt: ...ndant invaded her privacy by allowing a third-party company, Intercom, to secretly “eavesdrop” and “record” the data she furnished. The Complaint alleges a single cause of action for violations of the California Invasion of Privacy Act (CIPA), Penal Code section 631, subdivision (a). On December 20, 2023, Defendant demurred to the Complaint. Plaintiff filed an opposition to the demurrer. The Court sustains the demurrer and grants leave to...