Excerpt: ...aintiff Daisy Navia (Plaintiff) filed an eleven-count complaint against her former employer, Defendant Dollar Tree Stores, Inc. (Defendant). The allegations include FEHA violations, wrongful termination claims, an intentional infliction of emotional distress claim, and a Business and Professions Code section 17200 claim. On July 11, 2023, Defendant filed a motion to compel arbitration pursuant to a 2020 “Mutual Agreement to Arbitrate Claims;”...

Excerpt: ...iled o/n April 14, 2023, Plaintiff Monet Sterling (Plaintiff or Sterling) filed a single PAGA cause of action complaint against her employer, Defendant Dothan Security, Inc. (Defendant or DSI). The Complaint seeks relief for Plaintiff both individually and as a representative of other employees. It alleges that Plaintiff brings this action “on behalf of herself and other current and former employees subject to violations of the Labor Code.” T...

Excerpt: ... Elizabeth Meyers (Plaintiffs) filed their initial complaint in this action. On March 28, 2023, a First Amended Complaint (FAC) was filed, alleging causes of action for (1.) Violation of Electronic Funds Transfer Act, (2.) Violation of 18 U.S.C. § 1343, et seq., (3.) Unauthorized Access to Computers in Violation of Penal Code § 502, et seq., (4.) Negligence, (5.) Fraud, (6.) Breach of Contract, (7.) Conversion, (8.) Unjust Enrichment, (9.) Inva...

Excerpt: ...l Motors (Defendant) for (1) breach of implied warranty under Song-Beverly Act, (2) breach of express warranty under Song- Beverly Act, and (3) concealment. Defendant General Motors demurred to the third cause of action in the FAC. The Court overruled the demurrer. Defendant now moves for summary adjudication on the FAC. Plaintiff opposes the motion. The Motion for summary adjudication is denied. Plaintiff's objection to Defendant's evidence is r...

Excerpt: ... brought by thirty-eight residential tenants who rent, or have rented, units in a building located at 215 West Sixth Street in downtown Los Angeles (Property). Plaintiffs Michael Laguerre, Robert Alvin Johnson, Kerry-Ann Morrison, Joselyn Garcia, Alexander Mattera, Whitney Coss, Eric Bradley, Arman Musakhanyan, Damaris Cervantes, John Michael Triana, Jamar Hart, Natali Babiyans, Jamal Shakir, Alisa Garrett, Keith Thomas, Thomas Syrowski, Justin G...

Excerpt: ...ion to strike is granted. Background On October 27, 2022, Plaintiff Creditors Adjustment Bureau, Inc. filed a complaint against Defendant City Business Shipping, Inc. (City Business) for (1.) breach of contract, (2.) open book account, (3.) account stated, and (4.) reasonable value. The Complaint alleges that prior to the commencement of this action, these claims were assigned to Plaintiff by Plaintiff's Assignor, State Compensation Fund (State F...

Excerpt: ...; MTB1 Group, LLC (MTB1); Nashville West, LLC (Nashville); Valley View Group, LLC (Valley View) (collectively, Borrower Defendants); the Non-Borrower Defendants, including Padaro Holdings, LLC (Padaro Holdings); Padaro Trails, LLC (Padaro Trails); Blue Syrah, LLC (Blue Syra”); 1001 McDonald Way, LLC (McDonald); and Keswick Consulting, LLC (Keswick) (collectively, Non-Borrower Defendants) Responding Party: Plaintiff Dean Delis, Margaret (Meg) De...

Excerpt: ...hat Defendant Shields for Families, Inc. (Defendant), her employer, refused to accommodate her fibromyalgia medical condition and ultimately terminated her employment. Defendant moves to strike the request for punitive damages from the First Amended Complaint. Plaintiff opposes the motion, contending that the allegations are sufficient to support this request. The motion to strike the request for punitive damages is denied. Legal Standard “The ...

Excerpt: ...g a breach of the lease and common counts against Defendant Joshua Macciello (Defendant). On June 20, 2023, Defendant moved to quash service of process. He argues that the process server left a copy of the summons and complaint at a location that is not his usual place of abode, business, or mailing address, and did not deliver the summons and complaint to the person in charge. Plaintiff opposes the motion. The Court grants Defendant's motion to ...

Excerpt: ...led this Song-Beverly matter pursuant to a Code of Civil Procedure section 998 Offer to Compromise in the amount of $109,000. The parties were, however, unable to reach an agreement as to the amount of reasonable attorney fees – thereby necessitating this motion for attorney fees. By way of background to this litigation, Plaintiffs purchased a new 2016 Kia Optima (Vehicle); the Vehicle was manufactured and distributed by Kia Motors America, Inc...

Excerpt: ...n Dinaali (Plaintiff) initiated this action against the Defendant Bridge Property Management, LC, James E. Murphy (Bridge Defendants), and the Nevada Attorney General. On December 9, 2022, the Bridge Defendants filed an anti-SLAPP Motion, targeting all of Plaintiff's causes of action except for the causes of action for intentional interference with contract and common counts. On January 12, 2023, the Court granted the Bridge Defendants' anti-SLAP...

Excerpt: ...surance companies and their agent for procuring an unsatisfactory insurance policy. In January 2019, Plaintiff entered into discussions with M.L. Enterprise, LLC concerning Plaintiff's interest in storing merchandise in a warehouse leased by M.L. Enterprise (M.L. Warehouse) beginning in April 2019. One of Plaintiff Rotax's requirements was that M.L. enterpirse obtain insurance to provide coverage in the event of damage to Plaintiff's goods at the...

Excerpt: ...leges Defendant Nicholas Behunin, who was represented by attorney Leonard Steiner and his law firm Steiner & Libo, P.C., brought a civil action against Plaintiff Charles Schwab and his son, Michael Schwab, arising from several related business ventures that Behunin and Schwab pursued together (Underlying Action). In the complaint against Plaintiff Charles Schwab in the Underlying Action, Behunin described details of the Schwabs' alleged personal ...

Excerpt: ... breach of contract arising from real estate commissions. In the Complaint, Plaintiffs Jeffrey H. Anderson and Anderson Real Estate Group (Plaintiffs) allege that Defendant KJ Ticehurst owes Plaintiffs $67,729.75 in commission arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiffs; Plaintiffs further allege Defendants Coralyn Wahlberg, Claudia Pardon, and Think Re Management, Inc. (collectively, Defendants Think M...

Excerpt: ...nt on the Pleadings is denied. This is wrongful death and elder abuse action. On July 16, 2021, Plaintiffs filed a Complaint alleging causes of action for (1) Elder Abuse/Neglect, (2) Negligent Hiring & Supervision, and (3) Wrongful Death. On that same day, Plaintiff Reginald Nelson filed a declaration pursuant to Code of Civil Procedure secton 377.32 asserting he was the successor in interest to the estate of Plaintiff Bertha Nelson. Defendants ...

Excerpt: ...ly and on behalf of all aggrieved employees, filed a representative action complaint against Fashion Nova, LLC, Fashion Nova, Inc., Nova Fashion, Inc., and Fashion Nova Holdings, LLC. The Complaint alleges a violation of the California Labor Code Private Attorneys General Act (PAGA) based on allegations that the companies failed to maintain adequate temperatures in the workplace. On December 6, 2021, Plaintiff added FN Logistics, LLC as a defenda...

Excerpt: ... for a New Trial is denied. Defendant's Motion for Judgment Notwithstanding the Verdict is denied. This Beverly-Song Consumer Warranty Act action involved the trial of two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. The operative pleading alleges Plaintiff Dayna Campbell leased a 2017 BMW 530e on June 17, 2017; the lease term was 36 months, expiring on June 17, 2020. Plaintiff filed...

Excerpt: ...iff PM Andy's Liquor alleges causes of action against Defendants Jane Suong Tran-Bresler (Tran-Bresler) and Eric Nhan Tran (Tran) for (1) Breach of Contract (Business Purchase Agreement), (2) Breach of Contract (Lease Agreement), (3) Fraud, (4) Promissory Estoppel, and (5) Declaratory Relief. Plaintiff alleges that its predecessor, Harbinder Singh, executed a “Business Purchase Agreement” (Purchase Agreement) to purchase “Kenny's Liquor & J...

Excerpt: ... a collection action brought by Plaintiff Sketch International, LTD. (Plaintiff or Sketch) to collect money due on garments (Subject Garments) sold by Plaintiff Sketch to Defendants Hem & Thread, Inc. and Mystree, Inc. (Defendants). The operative pleading, the Second Amended Complaint (SAC), alleges causes of action for (1.) Breach of Contract, (2.) Common Count, (3.) Accounting, (4.) Open Book Account, and (5.) Quantum Valebant. [1] Defendants H...

Excerpt: ...a states that while shopping at Superior Grocers an employee assaulted Sylla. Plaintiff states that Plaintffs was later arrested for vandalism. Defendant City of El Monte (City) now demurs to the Complaint. No opposition was filed. The Court sustains the demurrer without leave to amend. The City's request for judicial notice of Exhibit 1 is denied. Legal Standard for Demurrers A demurrer is an objection to a pleading, the grounds for which are ap...

Excerpt: ...otion to strike as to the punitive damages allegations. The Court denies the motion to strike as to prejudgment interest. This is an action under the Song-Beverly Act in which Plaintiffs Khakimdzhon Khakimdzhanov and Fayzullo Khakimdzhanov (“Plaintiffs”) allege defects in their 2020 Kia Optima against Kia America, Inc. (“Defendant”). The Complaint and Second Amended Complaint assert three claims for breach of express, one claim for breach...

Excerpt: ...ca, Inc., and NTT America Solutions, Inc. demurrer is SUSTAINED as to second, third, fourth, fifth, sixth, seventh, and ninth cause of action, and OVERRULED as to the first, eighth, tenth, twelfth, and thirteenth causes of action. Defendant Presidio Networked Solutions Group, LLC demurrer is SUSTAINED as to second, third, fourth, fifth, sixth, seventh, and ninth cause of action, and OVERRULED as to the first, eighth, tenth, twelfth, and thirteent...

Excerpt: ...e Motion for Summary Adjudication is granted as to Issue Nos. 1 and 3, and denied as to Issue Nos. 2 and 4. Plaintiffs Megan Meadowcroft and Amber Brown (Plaintiffs) were sexually harassed and wrongfully terminated by their employer, Silverton Partners, Inc. d/b/a Keyways Vineyard and Winery (Silverton). A jury in a lawsuit brought by Plaintiffs found Silverton liable under FEHA and the court entered judgment in the approximate amount of $11 mill...

Excerpt: ... in which Marlene Soria (Plaintiff or Soria) alleged defects in her 2014 Chevrolet Cruze (Vehicle) against General Motors LLC (Defendant or GM). The original Complaint alleged breach of warranty claims. In June 2022, Plaintiff amended the Complaint to add a claim for violation of the Consumer Legal Remedies Act (CLRA) and the Magnuson-Moss Warranty Act. In January 2023, the Court sustained GM's Demurrer to the First Amended Complaint with leave t...

Excerpt: ...demurrer is sustained as to Plaintiff's second and fourth causes of action, without leave to amend. This is an action involving breach of contract. Capucine Jackson (Plaintiff) is the surviving spouse of Johnny Jackson (Jackson). She alleges that Amaru Entertainment Inc. (Defendant) owes her certain statutory royalties under a May 21, 2001 agreement (Agreement) between Jackson and Defendant. The royalties are presently held by SoundExchange, a th...