Excerpt: ...ilure to Prevent, and (9) Constructive Termination against Defendants Sood Enterprises, Inc. dba Jack in the Box 325 (“Sood”), Jose Aldana Garcia (“Garcia”), and DOES 1-50. On November 7, 2023, Defendants Sood and Garcia filed their joint Answer. On October 20, 2023, Defendant Reynaga filed his Answer. Bench Trial is currently set for August 5, 2024. (1)-(3) and (5)- (8) Rogs and RFPs Plaintiff now moves this court, per Code of Civil Proc...

Excerpt: ...nd (7) Libel against Defendant s Madeline Isabel Cordoba (“Cordoba”), Justin Daily (“Daily”), Reed Aljian (“Aljian”), and Daily Aljian LLP (“Firm”). [1] The first five causes of action are asserted against Defendant Cordoba only. The last two causes of action are asserted against the Attorney Defendants only. On December 14, 2022, Defendant Cordoba filed her Answer. On February 28, 2023, this court granted the Attorney Defendants'...

Excerpt: ...he project will eliminate the view from Plaintiff's property. Finally, Plaintiff alleges that the house it self was defectively constructed. On February 14, 2023, Plaintiff filed his Third Amended Complaint (“TAC”) for (1) Breach of Contract, (2) Breach of Express Warranty, (3) Breach of Implied Warranty, (4) Violation of Civil Code §§ 895 et seq., (5) Fraud, (6) Negligent Misrepresentation, (7 ) Promissory Fraud, (8) Public Nuisance Per Se...

Excerpt: ... the grounds that it fails to state facts sufficient to support the cause of action. Decision Plaintiff's Request for Judicial Notice is DENIED. Exhibits A -B do not appear to be relevant to the dispute at hand. Exhibit C is a trial court ruling from a different department. Trial court rulings in other cases are not relevant to the facts of this case and cannot be cited as precedent. See Budrow v. Dave & Buster's of California, Inc. (2009) 171 Ca...

Excerpt: ... Arya, now demurs to the TAC on the grounds that it fails to state facts sufficient to support any cause of action and is uncertain. Decision The demurrer to the first and second causes of action is OVERRULED, as it is unsupported in the memorandum. California Rules of Court Rule 3.1113(a). The demurrer to the third cause of action is SUSTAINED, with 10 days leave to amend . Third Cause of Action: Fraud The elements of a cause of action for fraud...

Excerpt: ...vide Accurate Wage Statements, (7) Labor Code Section 558, (8) Unlawful Business Practices, (9) PAGA, (10) Wrongful Retaliation In Violation of Labor Code Section 6310, (11) Wrongful Termination in Violation of Labor Code Section 6409.6, (12) FEHA Re taliation, (13) Wrongful Termination, and (14) Defamation against Defendants Darrell Gene Brooke (“Darrell”), The Brooke Law Group, PC (“Firm”), Michele Brooke (“Michele”), and DOES 1 -20...

Excerpt: ...emurs, per Code of Civil Procedure § 430.10(e) to the fifth cause of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer is SUSTAINED, with 45 days leave to amend . Fifth Cause of Action: CLRA Civil Code § 1770 provides in relevant part as follows: “(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this sub...

Excerpt: ... Jon Teiber, Michael Katcher, a nd DOES 1-10. No proof of service has been filed as to Defendants David Bugliari, Jon Teiber and Michael Katcher . No trial date has yet been set. Instant Pleading Defendant Creative Artists now demurs to the entire Complaint on the grounds that all claims are barred by the statute of limitations. Decision Defendant Creative Artists' Request for Judicial Notice is DENIED. The attachment of another lawsuit, and the ...

Excerpt: ...��), Jihad Smaili (“Jihad”), and DOES 1-20. On August 30, 2023, Defendant Jihad filed his Answer. On September 5, 2023, the defaults of Defendants Masitbi and Tarick were entered. On January 9, 2024, the default of Defendant Karkoukli was entered. No trial date has yet been set. Instant Motion Plaintiff now moves this court for an order compelling Defendant to provide further responses to its Form Interrogatories, Set No. One. Plaintiff also ...

Excerpt: ...f the investigation, in violation of a state statute known as the Investigative Consumer Reporting Agencies Act (“ICRAA”). On June 5, 2023, Plaintiffs filed their Complaint for (1) Violations of ICRAA, (2) Invasion of Privacy, and (3) Declaratory Relief against Defendants Equity Residential Management, Inc. (“Equity Residential”) and DOES 1 -10. On July 20, 2023, Plaintiffs filed an “Amendment to Complaint” substituting Defendant Tran...

Excerpt: ...for Violation of the Unruh Act against Defendant Veniroe, Inc. No trial date has yet been set. (1) Demurrer Defendant now demurs to the complaint, on the ground that Plaintiff has failed to plead willful and affirmative discrimination. Decision Defendant's Request for Judicial Notice is DENIED. Exhibit 1 is an unpublished ruling in a different case, which is not properly citable as authority, [1] and Exhibit 2 constitutes extrinsic evidence which...

Excerpt: ...ation, (5) Failure to Prevent, (6) CFRA Violation; and (7) Breach of Mandatory Duty against Defendants County of Los Angeles (“County”) and DOES 1-99. Jury Trial is set for June 3, 2024. Instant Pleading Defendant now demurs to the third cause of action in the 4AC, on the grounds that Plaintiff has failed to properly plead a claim for FEHA harassment. Decision The demurrer is OVERRULED. Defendant County is to Answer within 10 days. Discussion...

Excerpt: ... Violation of Civil Code § 2923.9; (6) Violation of Civil Code § 2923.10; (7) Unfair Competition; (8) Cancellation of Instruments; (9) Wrongful Foreclosure; and (10) Quiet Title against Defendants Select Portfolio Servicing, Inc. (“SPS”); US Bank, N.A. as Trustee for WaMu Mortgage Pass-Through Certificates Series 2006-AR11 (“US Bank”); Quality Loan Service Corporation (“Quality Loan”); and DOES 1-10. On December 17, 2021, Plaintiff ...

Excerpt: ...rovide Rest Breaks, (8) Waiting Time Penalties, (9) Failure to Provide Sick Leave, (10) Failure to Provide Wage Statements, (11) Failure to Maintain Accurate Records, (12) Failure to Provide Copies of Signed Documents, (13) Failure to Reimburse, (14) Unfair Competition, (15) PAGA Violations against Defendants Rokit Inc., Rokit Drinks LLC, Rokit Imports Inc., Rokit Drinks Imports Inc., Rokit Drinks Resources Inc., Rokit Distillery Inc. (collective...

Excerpt: ...nts City of Los Angeles (“City”), Aaron McCraney (“McCraney”), Susanna Kazarian (“Kazarian”), Catherina Emestica, erroneously sued as “Katherine Emestica” (“Emestica”), Norma Zamora (“Zamora”), and DOES 1-50. On August 19, 2022, Defendants City, McCraney, Kazarian, Emestica, and Zamora filed their joint Answer. Jury trial is currently set for April 15, 2024. Instant Motion Plaintiff now moves this court for an order that D...

Excerpt: ...scission (Fraud), (2) Rescission (Mistake), (3) Rescission (Failure of Consideration), (4) Constructive Trust, and (5) Declaratory Relief against Defendants Lori Butler aka Sammy Butler (“Butler”) and DOES 1-20. On March 27, 2023, Judge Katherine Chilton ordered the case reclassified to unlimited civil. The case was assigned to Judge Stephanie Bowick, sitting in Department 19. On April 24, 2023, pursuant to a peremptory challenge filed by Def...

Excerpt: ... per Code of Civil Procedure § 430.10(e) to the third and fourth causes of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer to the third cause of action is OVERRULED. The demurrer to the fourth cause of action is SUSTAINED, with 20 days leave to amend. Third Cause of Action: Fraudulent Concealment The elements of fraudulent concealment are: 1. De...

Excerpt: ...tability, (8) Housing Discrimination, (9) Violation of Civil Code § 1940.2, (10) Violation of Civil Code § 789.3, (11) Violation of Civil Code § 1942.5, (12) Violation of Civil Code § 1954, (13) Violation of Civil Code § 52.1, (14) Violation of Civil Code § 1159, (15) Violation of Unruh Act, (16) Unfair Competition, (17) Conversion, (18) Intentional Infliction of Emotional Distress (“IIED”), (19) Bad Faith Retention of Security Deposit,...

Excerpt: ...efendant MRO filed its Answer. On April 5, 2023, Defendant Healy filed its Answer. MRO Cross‐Complaint On March 8, 2023, Defendant MRO filed its Cross-Complaint for (1) Implied Indemnity, (2) Contribution, and (3) Declaratory Relief against ROES 1-100. On August 7, 2023, Cross-Complainant MRO filed two “Amendments to Complaint” substituting Cross-Defendants Healy and Midvale Indemnity Co. (“Midvale”) in lieu of ROES 1-2, respectively. O...

Excerpt: ...for orders (1) designating Plaintiff Andre Nesbit as a Vexatious Litigant, (2) adding Plaintiff's name to the Vexatious Litigant list, and (3) requiring Plaintiff to post a bond. Decision Defendant Panda's Request for Judicial Notice (“RJN”) is GRANTED. The “Reply” filed by Plaintiff on January 9, 2024, is STRICKEN and will not be considered, as it is a sur-reply unauthorized by the Rules of Court or any order of this court. The motion is...

Excerpt: ...5 days leave to amend. Discussion The defects identified in the demurrer demonstrate some of the common ordeals of form pleading. The first of these is the inability to clearly plead in the alternative. Plaintiff used Judicial Council Form UD-100 for its complaint. Line item 7 of that form asks the pleader to state whether the property at issue is subject to Civil Code 1946.2, by checking one of two boxes: 7a for “no” and 7b for “yes.” If...

Excerpt: ...dant Melamed filed her verified Answer. On March 27, 2017, Plaintiff voluntarily dismissed Defendant USA National, without prejudice. On July 7, 2017, Plaintiff filed two “Amendments to Complaint” substituting Defendants Telmour Riahi (“Riahi”) and Marjan Azimi (“Azimi”) in lieu of DOES 1-2, respectively. These parties were never served. On April 26, 2018, the parties executed a preliminary settlement agreement in open court. On May 3...

Excerpt: ...fendant GM filed its Answer. Jury trial is currently set for May 20, 2024. Instant Motion Plaintiff now moves this court, per Code of Civil Procedure § 2031.310, for an order compelling Defendant GM to make further responses to his Request for Production of Documents, Set No. One (“RFP”). Decision The motion is DENIED, without prejudice to a new motion filed after a proper attempt to meet and confer and (if necessary) an Informal Discovery C...

Excerpt: ... Distress (“IIED”), (6) Harassment, (7) Failure to Prevent, (8) Violation of Article I, section 3 of the California Constitution, (9) Violation of Education Code § 44031, and (10) Breach of Contract against Defendants Los Angeles Unified School District (“District”) and DOES 1-50. On February 14, 2023, pursuant to a peremptory challenge filed by Defendant District, the case was reassigned to this department. On August 8, 2023, this court...

Excerpt: ...nt, (6) Civil Extortion, and (7) Libel against Defendants Madeline Isabel Cordoba (“Cordoba”), Justin Daily (“Daily”), Reed Aljian (“Aljian”), and Daily Aljian LLP (“Firm”). [1] The first five causes of action are asserted against Defendant Cordoba only. The last two causes of action are asserted against the Attorney Defendants only. On December 14, 2022, Defendant Cordoba filed her Answer. On February 28, 2023, this court granted...