Excerpt: ...'s Motion to Strike Portions of the Complaint. I. Background A. Pleadings Plaintiff Patricia Maravilla sues Defendants Air Tiger Express (USA) Inc. (ATE), Matthew Tran, and Does 1 through 10 pursuant to an October 18, 2023, Complaint alleging claims of (1) Discrimination on the Basis of Age (Cal. Govt. Code § 12940(a), et seq.), (2) Harassment on the Basis of Age (Cal. Govt. Code § 12940(j), et seq.), (3) Hostile Work Environment Harassment on ...

Excerpt: ...Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) Violations of Civil Code § 1798.93; 5) Breach of Fiduciary Duty; 6) Professional Negligence; 7) Unfair Business Practices; 8) Fraudulent Concealment; 9) Negligent Misrepresentation; 10) Fraud; 11) Slander of Title; 12) Constructive ...

Excerpt: ...rt notes that neither party moves to lift the arbitration stay so that this Application may be heard. This wrongful termination action was filed by Plaintiff YANFEI TIAN (“Plaintiff”) on November 7, 2022. On September 12, 2023, this Court GRANTED Defendants Weee! Inc., Liu, and Yan's unopposed petition to compel arbitration, and this matter was ordered STA YED pending arbitration. Consequently, there is a jurisdictional issue as to whether th...

Excerpt: ...iff does not allege purely economic loss. “ ‘[E]conomic loss' is pecuniary damage not arising from injury to the plaintiff's person or from physical harm to the plaintiff's property.” (Rest.3d Torts, Liability for Economic Harm, § 2.) Federal courts have specifically found a tort duty when repairing vehicles: “ ‘One who undertakes repairs has a duty arising in tort to do them without negligence.' ” (Sabicer v. Ford Motor Company (C.D...

Excerpt: ...nt Anza Management Company (Defendant) and moved against the Plaintiff Aleisha Barnett's (Plaintiff) Complaint. Defendant demurs to seven causes of action: the first cause of action (COA) for battery, the third COA for intentional infliction of emotional distress (IIED), the eighth COA for violation of Civil Code sec. 1941.3, the ninth COA for violation of Civil Cod e sec. 1942.4, the tenth COA for negligent violation of statutory duty to maintai...

Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...

Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...

Excerpt: ...VERY SERVICE, LLC dba TEMCO LOGISTICS: Plaintiff began his employment with Defendant in November 2021 as a technician. On his first day (12/7 /21), Plaintiff got in a car accident; Plaintiff was the passenger, and another company employee was the driver. Plaintiff was taken back to the warehouse and treated by “Industrial Athletes.” After weeks of pain, Defendant was put Plaintiff on light duty (e.g., sweeping), but Plaintiff could not endure...

Excerpt: ...tive Rulings: (1) SUSTAINED. I. BACKGROUND¿¿ ¿¿ A. Factual ¿¿ ¿ On May 10, 2023, Plaintiffs, Kristen Robertson and Candice Robertson (collectively, “Plaintiffs”) filed a Complaint against Defendants, NGX3, LLC, Coastline Real Estate Advisors, Inc., and DOES 1 through 50. On September 8, 2023, Plaintiffs filed a First A mended Complaint (“FAC”) alleging causes of action for: (1) Failure to Provide Habitable Dwelling; (2) Unfair Comp...

Excerpt: ...iff's fifth cause of action is SUSTAINED without leave to amend. BACKGROUND On February 27, 2024, Plaintiff Emma T. Malloy (“Plaintiff”) filed this action against Defendant Earl Hall (“Defendant”) alleging the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Quiet Title C/A 3: Fraud C/A 4: Declaratory Relief C/A 5: Punitive Damages The Complaint alleges the following. On November 28, 1969, Charlie and Emma T. Malloy purchas...

Excerpt: ...nst defendants Fortune Empire Group, Inc. (“Fortune Empire”)\ and Henry Tang (“Tang”) (collectively, “Defendants”) asserting cau\ ses of action for conversion, intentional and negligent interference with prospective economic relations, violation of Business & Professions Code section 17200 (“\ UCL”), intentional and negligent misrepresentation, misappropriation of trade s\ ecrets, and common law trademark infringement. Plaintiff a...

Excerpt: ...e issued an insurance policy to Plaintiff providing full coverage of Plaintiffs' Maserati, including coverage for damages caused by uninsured motorists. Plaintiffs allege that an unidentified driver caused an auto accident resulting in personal injuries and property damage. Plaintiffs made an insurance claim with Defendant who allegedly “lowballed” offers for Plaintiffs' damage claim. Plaintiffs allege claims against Progressive for (1) breac...

Excerpt: ...s action arises from an alleged battety ata nightclub. On September 17, 2024, Plaintiff Maria C. Arangu Torrealba went to Defendant West Hollywood Surprise, LLC dba Rocco's WEHO erroneously sued as Rocco's Tavern CC, LLC. (FirstAmended Complaint ("FAC") 12.) Defendant Tyler Clark is the general manager of Rocco's WEHO. (ld. 15.) Plamtiff alleges that after being seated near the dance floor, fivo employees (one identified as "Matthew" and the othe...

Excerpt: ...filed the operative First Amended Complaint (FAC) against defendants Jim Bunch, Todd Murphy (together Defendants), and Does 1 -30 alleging four causes of action for (1) breach of contract, (2) materials furnished, (3) account stated, and (4) unjust enrichment. The FAC alleges the following: On or about April 11, 2022, the parties entered into a written contract for the renovation of the residential house located at 1009 Crestview, Glendale, CA 91...

Excerpt: ... Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First A...

Excerpt: ...aud · Third Cause of Action for Concealment · Fourth Cause of Action for Negligence · Fifth Cause of Action for Wrongful Imprisonment · Sixth Cause of Action for Personal Injury · Seventh Cause of Action for Emotional Stress and Duress · Eighth Cause of Action for Loss of Personal Property · Ninth Cause of Action for Loss of Income · Tenth Cause of Action for Loss of Time Div. 50 Program · Eleventh Cause of Action for Loss of Record Corr...

Excerpt: ...G PARTY : Defendants Royal Vista San Gabriel, LLC (CRS 6562) and AHMC Healthcare, Inc. (CRS 9714) (“Defendants”) RESPONDING PARTY : Plaintiffs Vanessa Zatarain and John Paul Zatarain, both individually and as successors in interest to George Zatarain, deceased. (“Plaintiffs”) SERVICE: Demurrer filed October 5, 2023 Motion to strike filed September 26, 2023 OPPOSITION: Filed May 3, 2024 REPLY: Filed May 7, 2024 RELIEF REQUESTED Defendants ...

Excerpt: ...ividually and as representative of the Estate of Daniel Gonzales. On September 25, 2024, the operative Third Amended Complaint (“TAC”) was filed. Plaintiff's TAC asserts the following causes of action: (1) Professional Negligence; (2) Violation of Elder and Dependent Adult Civil Protection Act; and (3) Wrongful Death Defendant BARLOW RESPIRATORY HOSPITAL (“Barlow”) specially and generally demurs to Plaintiff's second cause of action for e...

Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...

Excerpt: ...I -CA, Inc., Marriot International, Inc. dba Los Angeles Airport Marriot, Naville Andrew McGlover, and and Does 1 to 100 for injuries arising from a motor vehicle incident on March 3, 2020 at Terminal 5 of 400 World Way, Los Angeles, CA 90045. (Compl. at p. 4.) The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) breach of statutory duty (Motor Vehicle Code 17001, 17002, 17150) aga inst all named defendants and D...

Excerpt: ...Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful/retaliatory eviction could have/should have be en raised in an earlier filed and litigated unlawful detainer action. In Opposition, Plaintiff argues that her claim ...

Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...

Excerpt: ...rawczyk's Motion for Trial Preference TENTATIVE RULING Belmont Village RPV, LLC, et al.'s (“Belmont Village”) and Episcopal Community & Services for Senior, et al.'s (“Canterbury”) Petitions to Compel Arbitration and Stay Proceedings are denied. Rose Marie Krawczyk's Motion for Trial Preference is granted. Background Plaintiff filed the Complaint on January 24, 2024. Plaintiff alleges the following facts. Due to the negligent and willful ...

Excerpt: ...olice officers were involved in a vehicle pursuit and arrested the vehicle's juvenile passenger. (Administrative Record [“AR”] 0126.) There was subsequently a “use of force incident” in the report writing room involving the arr ested juvenile and another officer, Sergeant Joseph Meister (“Meister”). (Id.) Officer Tuan Le (“Le”) was present in the report writing room and witnessed the incident. (AR 016 -020, 0126.) On October 7, 20...

Excerpt: ...k purchase agreement. In June 2023, Plaintiffs Zenith Technology Inc. (Zenith) and Zhaohui Wang entered into a written agreement with Defendant Kyle Dou in which Zenith purchased 38,250 common sto ck shares from Dou's company, Hixih Rubber Industry Group, Ltd. (Hixih). In exchange, Zenith agreed to pay $500,000 in cash, assume $230,000 in outstanding debt owed by Hixih, and issue 3,187,541 shares of Zenith's stock to Dou. Subsequently, Zenith and...