Excerpt: ...sition. On May 2, 2024, Plaintiff filed a reply. Allegations of the Operative FAC The FAC alleges that: Plaintiff is the owner of a condominium unit located at 136 South Clark Drive, Unit 5, Los Angeles, CA and by virtue of said ownership is a member/shareholder of the Clark Drive Homeowners Association. FAC ¶ 1. Defendant is a common interest homeowner association that oversee real property development consisting of 8 individual condominium uni...

Excerpt: ...nd Jennie Kizito NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 2923.5 2. Violation of Civil Code 2924.9 3. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 4. Cancellation of Written Instruments – Civil Code 3412 5. Breach of Contract RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of non-judici...

Excerpt: ...; Zou was named as its Director, CEO and CFO, while Cui was named as its Secretary. On August 29, 2020, Qian Yu (“Yu”) visited Zou/Cui 's house, during which time an oral agreement was entered into wherein Yu would become a 20% shareholder of CC Express for a $10,000.00 investment and Zou/Cui were to remain equal, majority shareholders with 40% each of the remaining shares. On September 4, 2020, CC Express received Yu's $10,000 investment. On...

Excerpt: ...ntrol RULING : The Court overrules in part and sustains in part. The Court overrules the demurrer as to the Negligence and Premises Liability causes of action. However, the Court sustains with leave to amend the demurrer as to the Negligent Exercise of Retained Control c ause of action. Plaintiff has 20 days to file the First Amended Complaint. SUMMARY OF ACTION On September 28, 2023, Plaintiff Richard Wander (“Plaintiff”) filed the Complaint...

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Excerpt: ...with leave to amend. Defendant's demurrer to the First Amended Complaint's seventh cause of action for wrongful termination is MOOT. Defendants' motion to strike is GRANTED. I. BACKGROUND On November 9, 2023, Plaintiff Lester Jimenez (“Plaintiff”) filed this employment action against Defendants Whole Foods Market, Inc.; Whole Foods Market California, Inc.; Mrs. Gooch's Natural Food Markets, Inc.; Wild Oats Marketing, LLC; and John Kirkpatri c...

Excerpt: ...umer Credit Reporting Agencies Act (“CCRAA”) against Experian Information Services, Inc. (“Defendant”). On March 19, 2024, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on March 25, 2024 and Defendant replied on May 2, 2024. Discussion Allegations in the Complaint The Complaint alleges that Plaintiff is a consumer and Defendant is a consumer credit reporting agency as defined by Cal. Civ. Code § 178...

Excerpt: ...en's socks in the United States and internationally via online services such as Amazon.com without Miri's consent. On August 22, 2022, Miri filed a complaint, asserting causes of action against TSI, Bok, TJ International, Taijin and DOES 1 -100 for: 1. Trademark Infringement Under 15 U.S.C. § 1114(1) 2. False Designation of Origin Under 15 U.S.C. § 1125(a) 3. Unfair Competition Under Bus. & Prof. Code §§ 17200 et seq. 4. Common Law Trademark ...

Excerpt: ...tion without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendant Frank Macciola, an...

Excerpt: ...h Causes of Action. The Court GRANTS the motion to strike paragraph 2 of Lo's prayer for relief and paragraph 2 of Chang's prayer for relief with leave to amend, but DENIES the motion to strike paragraph 77 and paragraph 2 of Wang's prayer for relief. Cross -Complainants must file and serve an amended cross -complaint within 20 days of the Court's order. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this o...

Excerpt: ...3, Plaintiffs Juan Carlos Antonio and Belen Solano filed a complaint against Defendants Martha Mejia Campos and Cristine Annete Mejia Johnson for Violation Rent Stabilization Ordinance, Breach of the Covenant of Good Faith and Fair Dealing , Unlawful and Unfair Business Practices in Violation of Business and Professions Code §17200, and Implied Warranty of Habitability. The parties entered into a rental agreement. Plaintiffs allege the unit they...

Excerpt: ...on arises out of Plaintiff Cam Luu's (Plaintiff) employment as a non- exempt employee with Defendants JV Property Management & Brokerage, Inc. (JVPM) and Noble Property Services, LLC (NPS) (collectively, Defendants) as an hourly leasing agent and concierge from approximately May 2021 until February 2022. (Complaint ¶1). On 3/2/22, Plaintiff gave written notice to the Labor Workforce and Development Agency (LWDA) and to Defendants of Plaintiff's ...

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Excerpt: ...ogatories, set one, and (3) request for production of documents ("RPDs"), set one, on February 5, 2023. (Cook Decl. 2-4; Exhs. A-C.) Responses were due on January 8, 2024. (Ibid.) After receiving no responses, defense counsel sent email correspondence to Plaintiffs counsel regarding the outstanding discovery. (ld. at 5.) To date, Plaintiff did not respond to defense counsel's letter nor has Plaintiff served responses to the written discovery. (ld...

Excerpt: ... California (“Defendant”) moves to strike Plaintiff Robert Johnson, Individually and as Heir and Successor -in- Interest to Patricia Johnson, Deceased (“Plaintiff”)'s prayer for punitive damages against it. The Court first notes that Defendant reserved a hearing for a demurrer to the First Amended Complaint, but no such motion was filed with the Court. Thus, the demurrer is taken off calendar. Second, Plaintiff has not filed an opposition...

Excerpt: ...C”) against Defendants Daimler Trucks North America, LLC, a Delaware Limited Liability Company; XPO Logistics, LLC, a Delaware Limited Liability Company; American Alliance Logistics, Inc., a California Corporation; Popo Trucking, Inc. a California Corporation; GC Global Trucking, Inc. a California Corporation; Action Logistics, Inc., a California Corporation; Liang Ye, an individual; Ra n Gao, an Individual; Werner Enterprises, Inc. a Nebraska ...

Excerpt: ...nc. dba Whole Foods Market as a “grocery team member.” Plaintiff suffers from epilepsy as well as learning impediments thereby impacting the uptake in lea rning new tasks. The inability to complete job assignments within the assigned work shift and disinclination to paying overtime led to written reprimand of Plaintiff. Notwithstanding requests for additional time or assistance from coworkers, no such accommodation was made. Defendant was ter...

Excerpt: ...ral Town (“SORT”) filed a motion to tax these costs, arguing that they were incurred in connection with cross- complaints to which Petitioner was not a party. The motion is denied. PROCEDURAL HISTORY In its amended petition, Petitioner Save Our Rural Town (“Petitioner” or “SORT”) sought a writ of traditional mandate directing Respondent County of Los Angeles (“County”) to deposit with the court the full amount necessary to satisfy...

Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...

Excerpt: ...es The court has considered the moving papers. No opposition papers were filed. The motions to compel responses are granted. Background This is an action that arises from the alleged failure to pay monies owed pursuant to a contract for renovating a property located at 901 East 12th Street, Los Angeles, CA 90021 (the “Property”). On May 11, 2021, Plaintiff Fire Guard Corporation dba Builtr ight Engineering and Construction (“Plaintiff”) f...

Excerpt: ...tiff Jan Robertson is a former employee of Defendants Guitar Center, Inc., and GTRC Services, Inc., who alleges she suffered from disabilities including PTSD, an anxiety disorder, major depression, and symptoms related to anxiety and depression. Plaintiff further alleges Defendants terminated her employment while on medical leave. Plaintiff now moves to quash the deposition subpoena seeking employment records from her subsequent employers (1) Juv...

Excerpt: ...ution 18-21, which authorized the staff to discontinue issuing recycling hauler licenses, establish a single license for haulers of refuse and recycling services, and require all haulers to pay a license fee of 1 1 percent of gross annual revenue. On March 7, 2018, the City notified Petitioner that it could continue serving its existing customers until no later than April 1, 2023, in accordance with the new licensing model. On October 2, 2018, th...

Excerpt: ...d Lisa Konorosky, individually RELIEF REQUESTED Defendants are requesting that the Court compel the case to arbitration and stay the action. RULING : Petition is denied without prejudice due to lack of evidentiary support. Alternatively, the petition is denied because Defendants have failed to demonstrate that an agreement exists. SUMMARY OF ACTION Plaintiffs filed this action against Defendants on October 24, 2023. Individual Plaintiffs are the ...

Excerpt: ...y the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971 -972 [“California law incorporates many of the basic policy objectives contained in th...

Excerpt: ...ssociation (“CCA”) are film critic associations whose membership consists of film and entertainment industry professionals and who that host award shows. (Compla int pp. 1–3.) Defendant Joey Berlin (“Berlin” and, together with CCA, “Defendants”) is a founder and the president of CCA. ( Id. at pp. 2 –3.) In December 2019 and January 2020, Defendants contacted Plaintiff to demand Plaintiff change its then - name, Hollywood Critics A...