Excerpt: ...y alleges claims for fraudulent concealment, negligent hiring and supervision, intentional and negligent infliction of emotional distress, and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a claim for loss of consortium. II. ARGUMENTS Plaintiffs move to amend the complaint based on discovery of new facts in April 2023. Plaintiffs will add claims for negligence, gross negligence, negligence per se, breach of fiduciary duty, and wi...

Excerpt: ...urchase of Main Street Gas & Food Mart (“the Mart”). Plaintiff contends Defendants deprived him of his shares and joint ownership of the Mart. RHDM and Ansari (collectively, “RHDM” or “Cross-Complainants”) filed a cross-complaint against Hesham Elbialy; Elbialy Group, Inc.; HM Petroleum Group, Inc, and Emesiry, Inc. (“Elbialy” or “Cross-Defendants”) and Monem alleging 17 causes of action for breach of contract among other clai...

Excerpt: ...r, Dorothea Johnson, was shot and killed on the premises. Plaintiff alleges claims for negligence and premises liability. II. ARGUMENTS A. Defendants' arguments Defendants, South Bay Villa Preservation, LLP and SBV Housing Preservation, LLP, (collectively “SPV”) demur to the second cause of action for negligence since Plaintiff was not physically present at the time her daughter was shot, and therefore, cannot claim to be a bystander for purp...

Excerpt: ...reement for use of the premises as a gas station and food mart. Plaintiffs allege Defendant forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. Defendant allegedly failed to give written notice to Plaintiffs about the sale of the premises although Plaintiffs had the contractual right to exercise an option to purchase. Plaintiffs allege claims for breach of...

Excerpt: ... termination and wage violations under the Labor Code. II. ARGUMENTS Defendant argues that Plaintiff agreed in writing to submit any claims arising out of her employment to binding arbitration under the Federal Arbitration Act and the California Arbitration Act. The arbitration agreement is not unconscionable. The Court should stay the action while the arbitration is pending. In opposition, Plaintiff argues that Defendant has not met its burden o...

Excerpt: ...Apartments. Defendant, Firth 1, LLC, (“Firth”) bought adjacent real property and built residential units. Plaintiffs allege that Defendants did not obtain a survey prior to construction and failed to meet setback requirements. The parties disputed whether McCoy's north wall was built on McCoy's property. Firth hired Defendant, Karen Korganyan (“Korganyan”), who allegedly prepared a contrived survey that misallocated the boundary to make i...

Excerpt: ...ether agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage, Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) ins...

Excerpt: ...rch 9, 2023, for Plaintiff to show proof of release of annuity funds. Moving party was ordered to give notice. (Min. Ord. 11/10/22.) Plaintiff did not give notice of the OSC set for March 9, 2023, as ordered by Judge Filer. The parties did not appear for the OSC hearing on March 9, 2023, nor did Plaintiff file proof the annuity funds were released. The Hon. Michael Shultz continued the hearing to April 28, 2023, for failure to appear and failure ...

Excerpt: ...tract, breach of the warranty of habitability, intentional infliction of emotional distress, negligence, nuisance, and wrongful eviction. II. ARGUMENTS Defendants, Tanisha McNeal and Penmar Management & Finance (“Penmar”) (collectively, “Defendants”) demur to the claim for intentional infliction of emotional distress on grounds Plaintiffs have not alleged facts showing extreme and outrageous conduct. Defendants separately move to strike p...

Excerpt: ...llege Defendants forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. If Defendants desired to sell the premises, Plaintiffs allege they had the right of first refusal. Defendants failed to give written notice to Plaintiffs about the sale. Plaintiffs allege claims for breach of contract and declaratory relief. Defendant, Mohummed S. Islam, filed a cross-com...

Excerpt: ...ant allegedly failed to repair. Plaintiff alleges claims for violations of the Song-Beverly Consumer Warranty Act and for fraudulent concealment. II. ARGUMENTS Defendant demurs to the fourth cause of action for fraudulent concealment because Plaintiff does not allege a transactional relationship giving rise to a duty to disclose, which is a necessary element of the claim. The claim is also not alleged with specificity. Since the fraudulent concea...

Excerpt: ...ien in violation of the Self-Storage Facility Act ("Act"). Plaintiff alleges causes of action for conversion, fraud, for an injunction, and for violation of the Act On December 1, 2021, the Hon. Thomas D. Long denied Plaintiffs request for a preliminary injunction. ARGUMENTS Defendant moves to bifurcate the liability and punitive damage phases. Plaintiff cannot support claims for either fraud or punitive damages. There are no facts to support the...

Excerpt: ...f a 2019 Jeep Grand Cherokee manufactured by FCA. The vehicle developed engine, transmission, and other defects that FCA allegedly failed to remedy in violation of the Song-Beverly Consumer Warranty Act ("the SBA"). On May 19, 2023, Plaintiff filed a dismissal of Defendant, Champion Chrysler Jeep Dodge ("Champion"). Therefore, the Court takes off calendar Champion's motion to compel arbitration. II. ARGUMENTS Defendant FCA requests an order compe...

Excerpt: ...l 4, 2023. The Court continued the hearing to permit Defendant to file a supplemental declaration with admissible evidence substantiating Uber's sign-in procedures on its platform. II. ARGUMENTS Uber moves to compel Plaintiff to arbitrate his personal injury claims based on the mandatory arbitration provision set forth in Uber's Terms of Service ("Terms") to which Plaintiff agreed when he signed up for a rider account. The provision delegated the...

Excerpt: ... parental rights causing Plaintiff emotional distress since the vaccinations are against Plaintiffs religious beliefs, and Defendant did not obtain Plaintiffs consent. Plaintiff King-Harvey suffers from recurring headaches. II. Arguments Plaintiffs request leave to file a Third Amended Complaint to add additional causes of action for unlawful business practice, intentional infliction of emotional distress, failure to obtain informed consent, and ...

Excerpt: ... also subjected her to daily harassment. Plaintiff resigned because she was unable to continue working in that environment. Plaintiff alleges 13 causes of action for violations of the Federal Employment and Housing Act ("FEHA"), wage violations under the Labor Code and for wrongful constructive termination. ARGUMENTS Defendant, Paramount Transportation Logistics Services, LLC, requests an order to compel Plaintiff's appearance for a mental examin...

Excerpt: ...f action for battery, negligence, emotional distress, fraudulent concealment, nuisance, and breach of contract. Defendants, Carson Hospitality Group, Inc., dba Motel 6 Los Angeles-Carson, G7 Hospitality, LLC, and Tim Lamb (collectively "Defendants") demurs to the claims for battery, intentional infliction of emotional distress, and private nuisance on grounds they are barred by the applicable statutes of limitations or otherwise fail to state suf...

Excerpt: ...m physical activities to accommodate Plaintiffs medical condition ("brittle bone disease"). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class. Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Civil Rights Act, and negligence against Defendants, Watts Learning Center Foundation,...

Excerpt: .... ARGUMENTS Defendants, PR Logistics, LLC ("Logistics"); Link Logistics Solutions, Inc. ("Link"); and ALG Worldwide ("ALG) (collectively, "the Corporate Defendants") and Robert Reznik ("Reznick"); Julieta Colio ("Colio"; and Jenny Lepe ("Lepe") (collectively, "individual Defendants") demur to all causes of action. Defendants contend the fraud claims are not alleged with specificity, and the facts do not state a basis for liability against Reznick...

Excerpt: ...between the parties. Plaintiff alleges claims for negligence and motor-vehicle negligence. In the first motion, Plaintiff asks for an order to compel Defendant, Boaz Kim ("Kim"), to appear for his deposition and for an order imposing monetary sanctions. The second motion seeks an order to compel Defendant, Arms Trans, Inc. (MATI") to designate employee(s) or other persons knowledgeable ("PMK") to testify at depositions. As both motions concern th...

Excerpt: ...rough a series of grant deeds. The property has since been placed into a living trust bearing Plaintiffs and Angelina's name, although Plaintiff contends he did not create it and has no knowledge of it. Plaintiff alleges he is not aware if the grant deeds that he and Angelina signed were either forged or obtained by fraud. Plaintiff alleges claims to quiet title, cancel instruments, and for financial elder abuse. II. ARGUMENTS Plaintiff requests ...

Excerpt: ... it is uncertain, and the two causes of action are duplicative. Plaintiff argues the claims are adequately alleged. The motor vehicle negligence claim is based on Costco's negligent entrustment of the vehicle to Zapata. In reply, Costco argues the complaint does not allege facts as to Costco's alleged negligence. Ill. LEGAL STANDARDS The bases for demurrer are limited by statute and may be sustained for failure to state facts sufficient to state ...

Excerpt: ...t based on race, color, and ancestry and retaliated against Plaintiff when he complained about the unlawful practices. Plaintiff alleges eight causes of action for employment-related claims in violation of the Fair Employment & Housing Act ("FEHA") and for failure to provide meal and rest breaks in violation of the Lalr,r Code. II. ARGUMENTS Defendants collectively ask for an order compelling Plaintiff to submit his claims to binding arbitration....

Excerpt: ...probate matter settling the Estate of Margie Lee Hamilton ("Estate"). Prior to this order, the parties, who are siblings, entered into an informal verbal agreement wherein Defendant, Tanya Hamilton, would collect the rental proceeds from tenants for deposit into the Estate's account. Plaintiff alleges he discovered that Defendant misappropriated rental income and acted as de facto landlord/owner of the properties without Plaintiffs knowledge. Pla...

Excerpt: ...verly Consumer Warranty Act ("the Act"). II. ARGUMENTS Plaintiff requests an order compelling Defendant to produce documents. Defendant has asserted meritless objections and non-responsive statements. Plaintiff requests imposition of sanctions. Defendant argues that there is no good cause for "far reaching" discovery. The requests are not specific and are overbroad. In reply, Plaintiff states that Defendant has not produced engineering and root c...