Excerpt: ...ition, Paras. 3-6; Epic Communications, Inc. v. Richwave Technology, Inc. (2009) 179 Cal.App.4th 314, 329 [negotiations in California, for an agreement to be performed in California, “certainly constitute purposeful availment … of the privilege of doing business in this state … We see no reason to suppose that the … employee should not expect to answer in California for the dispute [he] was so intimately involved in generating”].) Plain...

Excerpt: ...saulted him by grabbing his testicles forcefully and telling him “don't f___around with me.” Reports to management went unheeded, and no disciplinary action was taken against Essangri (alleged to be a friend of the son of the owner). Plaintiff was terminated when the dealership was sold to a third party. Plaintiff filed his complaint against Defendants Hogan SRK, inc. and Farid Essangri on 09/04/20. The complaint alleges causes of action for:...

Excerpt: ...ompelling plaintiff Charles Todd Fagan to arbitrate his claims and dismissing or staying this action pending completion of arbitration. Facts/Overview: On 8/28/20, plaintiff Charles Todd Fagan commenced this action against defendants Macias Gini & O'Connell LLP (MGO) and Cresta Management Services, LLC (Cresta) (collectively, defendants), alleging the following 12 causes of action: 1. Fraud – false promise; 2. Fraud – intentional misrepresent...

Excerpt: ...ff Hannah Mitchell commenced this action against defendant Ronald E. Moser, M.D., alleging a cause of action for medical malpractice arising from “a botched breast augmentation” with Dr. Moser at Aestheticare in San Juan Capistrano on or about February 12, 2018. On August 9, 2019, defendant answered the complaint. An MSC is scheduled for 10/08/21. A jury trial has been set for 11/08/21. Moving Party contends as follows: This motion is brought...

Excerpt: ...led on 6/11/21 by defendant LTRMN, Inc. A Mandatory Settlement Conference is scheduled for 10/28/22, and a jury trial is scheduled for 12/5/22. Plaintiff seeks summary adjudication of 1 st C/A of the original complaint for breach of contract Moving Party contends as follows: Towards the end of Plaintiff's employment, after negotiations, the parties entered into a separation agreement dated July 8, 2019 (“Separation Agreement”). (Fact 1.) Per ...

Excerpt: ...��109 Onyx”) is a manager-managed limited liability company, managed solely by Defendant Johnny Lu. Defendant Alfa IDG, LLC holds a minority 10% membership interest in AUI. Plaintiff contends that all defendants breached a fiduciary duty owed to Plaintiff. When the sole shareholder of plaintiff, Xiao Ran Cheng, died, the administrator of Xiao Ran Cheng's estate, requested certain documents from 109 Onyx, as plaintiff's initial investment of $2,...

Excerpt: ...mage to plaintiff's property. Plaintiff subsequently filed Doe Amendments correcting defendants' name to Fire Insurance Exchange, which defendant has answered the complaint. A Mandatory Settlement Conference is scheduled for 1/28/22, and a jury trial is set for 2/28/22. Moving Party contends as follows: On August 5, 2020, Defendant Fire Insurance Exchange requested Plaintiff's availability for deposition. (Dolmage Dec. in support of motion, ¶ 2,...

Excerpt: ...policy limits. The original complaint was filed on 04/15/19, and the operative verified First Amended Complaint was filed on 04/17/19 by Plaintiffs Exir Co., Inc. and Abraham Mourshaki against Defendant Mid-Century Insurance Company. The FAC alleges Causes of Action for: (1) Breach of the Implied Covenant of Good Faith and Fair Dealing; and (2)-(5) Insurance Bad Faith. Following an unsuccessful demurrer, Defendant answered the FAC on 11/14/19. Se...

Excerpt: ... Facts/Overview: This is a personal injury action involving a fall from an access door. Plaintiff was a student at Chapman University attending a mandatory concert on campus on 4/23/16. Her then boyfriend, defendant Adam Joseph Greenlow, convinced plaintiff to join him on the roof of the concert hall (Musco Center For The Arts) to drink some beer, which they accessed via a trap door. After they accessed the roof, the door closed and locked, leavi...

Excerpt: ...ion for Negligent Supervision of Construction fails to establish facts sufficient to constitute a cause of action against Defendants. The claim is without legal merit. 4. That Plaintiffs are not entitled to any judgment against Defendant Mario Crivello, individually Facts/Overview: This is a construction defect action arising from work done by defendants on plaintiffs' residence between December 2016 and June 2017. Plaintiffs claim the work was d...

Excerpt: ...alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. On ...

Excerpt: ...mended Complaint was filed on 02/24/21. The TAC alleges causes of action for: (1) Fraud; (2) Violation of Civ. Code § 2943; (3) Violation of Usury Laws; (4) Interference with Prospective Economic Advantage; (5) Interference with Prospective Economic Advantage; (6) Negligent Interference with Prospective Economic Advantage; (7) Intentional Interference with Contract; (8) Breach of The Implied Covenant of Good Faith & Fair Dealing; (9) Violation o...

Excerpt: ... by the Office of the Public Guardian, who advised that Defendant Ignacio Barandiaran had moved in with Decedent, acting as his “caregiver” and exercising undue influence over Decedent, including have Decedent name Barandiaran as sole beneficiary of a Trust. Plaintiff alleges that Barandiaran stole funds from Decadent and had Decedent take out a $434,000.00 reverse mortgage on the family home. The reverse mortgage was originated by Defendant ...

Excerpt: ...and Mario Imperato, alleging four causes of action for (1) rescission of contract, (2) fraud in the inducement, (3) breach of contract, and (4) negligent infliction of emotional distress. This action arises out of plaintiff's purchase of a horse named Firefly from defendants for $29,000 on 7/8/20. Plaintiff alleges defendants falsely represented that Firefly was an experienced show horse, perfect for its intended use by plaintiff's seven-year old...

Excerpt: ... – breach of implied warranty; (3) violation of Song-Beverly Act, Civil Code section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation; (6) fraudulent inducement – negligent misrepresentation This is a lemon law action arising out of plaintiffs' purchase of a new 2013 Nissan Altima on March 29, 2013. Plaintiffs allege the subject vehicle had serious defects and nonconformities to wa...

Excerpt: ...ren since 2011. Plaintiff has an outstanding domestic violence restraining order against Defendant. Plaintiff claims that OCSC Case No. 30-2019-01082057 and other lawsuits brought against him were maliciously prosecuted by Defendant. He also claims that Defendant and other unidentified parties conspired to attack him, smear his good name, present false police reports, and present false evidence to courts in an effort to destroy him. Plaintiff als...

Excerpt: ...ommenced this action against defendants Lars Roulund, Robert Van Schoonenberg, and Air-Gonomic Solutions, Inc. (AGS) (collectively, defendants), alleging the following three causes of action: 1. Misappropriation of trade secrets, 2. Unfair competition, and 3. Conversion. AirHawk alleges it designs, manufactures, distributes, markets, and sells truck, motorcycle, and office seat cushions, including parts, fittings, and related products such as sea...

Excerpt: ...o summary adjudication as a matter of law. The evidence and arguments presented by the City negate an essential element of each of Plaintiffs' allegations set forth in their Complaint, as (1) there is no dangerous condition of public property, and (2) the City was not on notice of the alleged condition, thereby entitling the City to Summary Adjudication on this cause of action for dangerous condition of public property. See Gov. Code § 835, 840....

Excerpt: ...of, the door closed and locked, leaving Plaintiff and Greenlow trapped on the roof of the concert hall. In seeking a way down, they found a roll-up steel door in a maintenance room that opened roughly eight feet above a balcony inside the theater. In attempting to negotiate the rollup door and the relatively short drop to the balcony below, Plaintiff slipped and fell roughly 50 feet, missing the balcony, and landing on her head, causing massive i...

Excerpt: ...sociation documents, and the arbitrarily and unfair application of the rules and restrictions against plaintiffs compared to the community. The First Amended Complaint consists of the following causes of action: 1. Breach of fiduciary duties 2. Breach of contract 3. Declaratory relief 4. Negligence 5. Violation of Civil Code section 4765 An MSC is set on April 28, 2023, and a jury trial is set on May 22, 2023. Motion No. 1: the motion of defendan...

Excerpt: ...e wrongful foreclosure action alleging HBOR violations and common law foreclosure claims based on a claim of defective assignment of the deed of trust. Plaintiff is the owner of a residence located at 5525 Blue Ridge Drive, Yorba Linda, CA 92887. In 2004, Plaintiff borrowed $1,165,000.00 from Secured Banker's Mortgage Company. (the “First Loan”). Plaintiff's obligation to repay the First Loan was secured by a deed of trust recorded against th...

Excerpt: ...old and delivered, (4) book account, and (5) account stated. This action arises out of a retail installment sale contract for a new 2018 Ford F150, between plaintiff's assignor, Autonation Ford Tustin, and defendant, entered into on 1/23/18. Plaintiff alleges defendant has defaulted on the contract by failing to make installment payments and maintain car insurance, and that the balance now due and owing on her account is $28,184.81 plus interest ...

Excerpt: ...on, negligent misrepresentation, defamation / false light invasion of privacy, breach of fiduciary duty, negligence, unjust enrichment, breach of duty of good faith and fair dealing, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, and declaratory relief. Plaintiffs allege that they retained defendants Kirman and Compass [“Real Estate Defendants”] as agents/brokers for t...

Excerpt: ...ntiff Richard] Bock cannot show he engaged in protected activity because the issues he complained of were: (1) widely or publicly known; (2) debatable differences of opinion rather than a reasonable belief of violations of applicable laws; and/or (3) not in furtherance of a false claims action as he could not have reasonably believed he was complaining about a false claim in violation of CFCA; b. The evidence does not support a finding that any o...

Excerpt: ...Employment and Housing Act (FEHA, Gov. Code, § 12940, subd. (a)); 2. Failure to engage in the interactive process (Gov. Code, § 12940, subd. (n)); 3. National origin discrimination (Gov. Code, § 12940, subd. (a)); 4. Age discrimination (Gov. Code, § 12940, subd. (a)); 5. Wrongful termination in violation of public policy; and 6. Unfair business practices (Bus. & Prof. Code, § 17200). This action arises out of plaintiff's employment with defe...

Excerpt: ...t 2. Quantum meruit for reasonable value of services Trial is not yet set. Moving Party contends as follows: On August 8, 2018, plaintiff began his representation of Ms. Nunley in an action against her in Riverside County. Throughout Hanley's representation of Ms. Nunley, he claimed she had a strong case against Grossman for malpractice, and she had a clear defense to his action against her. Ultimately, she lost that case, and although a judgment...

Excerpt: ...e Company (Liberty Mutual), and Fidelity & Deposit Company of Maryland (Fidelity) (collectively, defendants) alleging the following five causes of action: 1. Breach of contract, 2. Quantum meruit, 3. Recovery against public works payment bond, 4. Recovery against contractor's license bond, and 5. Statutory penalties (Bus. & Prof. Code, § 7108.5, Pub. Contract Code, § 7107). Plaintiff ABI alleges it entered into a subcontract with defendant Balf...

Excerpt: ...d the Property from the developer and obtained a recorded view easement across neighboring parcels, i.e. Lots 45 & 46. The Property and adjoining parcels are encumbered by CC&Rs which, among other things, preclude lot owners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a residence located at 1849 Avenida San Lorenzo, Fullerton, CA 92833. (“Lot 45”). The Nelson Defendants own the residence located at 1841...

Excerpt: ...y;” 5. Page 5, paragraph 15, line 17, “reckless;” 6. Page 5, paragraph 16, line 20, “reckless;” 7. Page 7, paragraph 23 in its entirety; “At the time of the subject accident Defendant, OWEN BATCHELDER, was driving while under the influence of alcohol and consumed alcoholic beverages to the point of intoxication, knowing from the outset that he would thereafter operate a motor vehicle. Defendant's, OWEN BATCHELDER's, conduct was despic...

Excerpt: ...urn on his investment, plus anticipated $8 million in profits. The investment was wired to attorney Ray Holland and deposited into a bank account belonging to Group 7. Plaintiff alleges that Defendants Galvez, Reserve, South Coast Escrow, Nation One, De La Torre and Alvarez conspired to convert Plaintiff's investment to their own use. Plaintiff received three of the $56,000.00 “interest payments” in May, June, and July of 2017. Plaintiff beca...

Excerpt: ...tial evidence to show that the District's legitimate nondiscriminatory reason for termination was a pretext for discrimination. Issue No. 2: Plaintiffs second cause of action for hostile work environment sexual harassment fails as a matter of law because Angela Brandt did not subject Plaintiff to severe or pervasive harassment based on sex that altered the conditions of his employment. Facts/Overview: This is a wrongful termination/discrimination...

Excerpt: ... store manager. Plaintiff contends he was demoted due to his age, that the company was looking for “young faces” to represent the company, and that plaintiff did not fit the profile the company was looking for. Plaintiff was ultimately terminated on February 26, 2020. The complaint consists of the following causes of action: 1. Discrimination 2. Harassment 3. Failure to prevent discrimination, harassment and retaliation 4. Wrongful terminatio...

Excerpt: ...ery Day) sued real estate broker Tonja Lynn Demoff, alleging Day was the victim of three fraudulent real estate transactions. Day prevailed at trial and was awarded $903,625 in damages plus attorney fees and costs against Demoff and several of Demoff's business entities. After Demoff failed to pay the judgment, Day applied to the BRE for compensation from the Consumer Recovery Account (CRA). The BRE administers CRA, which provides compensation to...

Excerpt: ...ed by the individual defendants. All named defendants have answered. An MSC is scheduled for 6/18/21, and a jury trial is set for 8/23/21. Moving Party contends as follows: This lawsuit arises from an incident that occurred on June 20, 2019 at approximately 12:40 a.m., while Plaintiff was walking on a City sidewalk. He tripped on a crack in the sidewalk. (MP Separate Statement of Undisputed Facts [“SUF”] no. 1.) Plaintiff told the City's Stre...

Excerpt: ... property due or to become due to the judgment debtor directly to judgment creditor Hughes & Hughes, LLP, until the amount remaining due on the judgment, plus all accrued interest and post-judgment costs thereon, are paid in full. Facts/Overview: A complaint was filed on 6/29/17 by plaintiff Ronald L. Cedillos against defendants Hughes & Hughes, LLC and Lisa Bergman Hughes for: (1) breach of contract; and (2) general negligence. On 9/6/17, the Co...

Excerpt: ...ch of contract, 2. Quantum meruit, 3. Recovery against public works payment bond, 4. Recovery against contractor's license bond, and 5. Statutory penalties (Bus. & Prof. Code, § 7108.5, Pub. Contract Code, § 7107). Plaintiff ABI alleges it entered into a subcontract with defendant Balfour to perform concrete, structural steel, metal decking, and framing work on a public works project entitled the Heideman ES – Two Story Classroom Building for...

Excerpt: ...er 16, 2018, plaintiff Anthony Austin, by and through his guardian ad litem, Magaly Austin, commenced this action against defendants Securitas Security Services USA (Securitas), Howard Robinson (Robinson), Anthony Viscaina (Viscaina), Alex Gonzalez (Gonzalez), Juan Conchas (Conchas), Eli Rodriguez (Rodriguez), Samuel Dangli (Dangli), Roy Anegawa (Anegawa), and Patrick McGhee (McGhee) (collectively, the security defendants). The original complaint...

Excerpt: ...om the fund to the beneficiaries against CPT” See complaint, page 2. From the attachments to the complaint it appears that plaintiff complaints that her father's workers' compensation award was mishandled. She contends her deceased father's attorney, defendant Santiago, assigned the “MSA fund” (containing $53,427.60) to defendant CPT and did not give her father the option of self-managing the funds. She also claims the remaining balance of ...

Excerpt: ... against defendant T.J. Maxx of CA, LLC (TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plain...

Excerpt: ...suppression of fact. Plaintiff alleges that defendants failed to pay for legal services and misrepresented their intent to do so. On 8/23/19, plaintiff filed Doe Amendments naming Jack Blum as Doe 1 and Alta Automation [“Alta”] as Doe 2. On 11/4/19, counsel for defendant IPC filed a notice of stay, indicating that this matter was stayed pursuant to B&P § 6201. Plaintiff subsequently entered default against all four named defendants. (ROA Nos...

Excerpt: ...e was regularly denied overtime pay and worked in excess of 8 hours per day and 40 hours per week. The First Amended Complaint consists of the following causes of action: 1. Retaliation in violation of Labor Code §§ 98.5 and 1102.5 2. Failure to pay overtime compensation 3. Failure to provide accurate wage statements 4. Failure to pay wages upon separation 5. Violation of Business & Professions Code, § 17200 6. Constructive termination in viol...

Excerpt: ...ing ice for her injured ankle. Sanchez did not call the police or 911; instead, she put Plaintiff in her vehicle and drove Plaintiff to her apartment. A relative of Plaintiff saw Plaintiff roughly an hour later in her apartment, suffering from a number of symptoms. Plaintiff was thereafter transported to a hospital. Plaintiff filed her complaint on 11/07/18 against Defendants John Topolewski and Sara Ann Sanchez. A First Amended Complaint was fil...

Excerpt: ... 2019, defendant answered the complaint. An MSC is currently scheduled for 10/08/21. A jury trial has been set for 11/08/21. Moving Party contends as follows: Defendant first served Plaintiff with a deposition notice on August 9, 2019. the deposition to take place at Defense counsel's office on November 11, 2019. On November 8, 2019, Defendant's counsel's office emailed Plaintiff regarding the November 11, 2019 deposition. In addition, Defendant'...

Excerpt: ...on of this motion to compel pursuant to Code of Civil Procedure section 1281.4, and, if the motion to compel is granted, to stay the action until conclusion of the arbitration. Facts/Overview: This is a wrongful constructive discharge / harassment action. Plaintiff contends he was employed by defendant as a law clerk. He claims during the course of his employment he was subjected to violent assaults, threatened with guns and sexually harassed. He...

Excerpt: ...6. Open book Moving Party contends as follows: Plaintiff has established each element of a claim for breach of contract. Defendant applied for and was issued a credit card by Wells Fargo Bank (UMFs 1 and 6.) Defendant understood that plaintiff would extend credit to defendant and defendant was to repay the principal amount plus interest and finance fees (UMFs 2 and 7). The parties understood plaintiff would send defendant a statement of the accou...

Excerpt: ...TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, ide...

Excerpt: ...units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their representation due to a conflict of interest, after fil...

Excerpt: ...ge that defendant CalOptima improperly refused to authorize medically necessary treatment to decedent due to cost. A Mandatory Settlement Conference is scheduled for 9/23/22, and a jury trial is set on 10/24/22. Defendant demurs to the 1 st C/A for breach of covenant of good faith and fair dealing on the ground of failure to state facts sufficient to constitute a C/A (CCP § 430.10(e)).f Analysis: Meet and confer: MP attorney's declaration attest...

Excerpt: ...dants converted personal property and misappropriated trade secret information. A Mandatory Settlement Conference is scheduled for 1/21/22, and trial is set on 2/28/22. Analysis: PLEASE NOTE: The complaint alleges acts, commonly known as “birth tourism,” which could constitute violations of 18 U.S.C. § 1001, 18 U.S.C. § 371, and possibly other penal statutes. The Court invites the parties to address at the hearing whether or not this case s...

Excerpt: ...end they hired NCEC, a general contractor, to, among other things, demolish and install new floor tile, install baseboards, perform deck waterproofing, and perform several other repairs or actions. In exchange, Plaintiffs would pay NCEC over $100,000. Plaintiffs later discovered the decking waterproofing was not completed in the manner agreed upon and some of the work was not completed at all. The complaint consists of the following causes of act...

Excerpt: ...cts/Overview: This is a judicial foreclosure action. The various Defendants own and operate a total of 18 properties located primarily in Laguna Peach, but also include parcels located in Los Angeles, and Redlands. The properties are improved with hotels, event spaces (including Laguna Arts Festival grounds), office, mixed use, apartments, condominium units, and land for future development. The 18 properties are comprised of two multifamily struc...

Excerpt: ...e Corporation, The Ryan Firm, and Timothy T. Ryan, for: (1) violation of usury law; (2) professional negligence; (3) declaratory relief; (4) intentional interference with prospective economic advantage; (5) breach of the implied covenant of good faith and fair dealing; (6) fraud/deceit; (7) negligent misrepresentation; (8) negligence; (9) violation of CC §§ 2924 and 2924f; (10) civil conspiracy; (11) slander of title; (12) IIED; (13) accounting...

Excerpt: ... County of Orange (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site i...

Excerpt: ...to care for at a given residence. Plaintiff was not provided mandated rest breaks and was not given reasonable accommodations for sleeping while not working. On 08/14/19, Plaintiff complained to Family First about the unlawful working conditions, failure to provide required rest and meal periods, and failure to pay minimum wage. Defendant retaliated against plaintiff by removing her from the work schedule. Defendant Family First terminated Plaint...

Excerpt: ...e (dismissed on 11/12/19) for: (1) wrongful death [three counts] and dangerous condition of public property. The complaint alleges that Sylvia Mehl [“Decedent”] was struck and killed in a crosswalk in Lake Forest by a vehicle owned by defendant Romos Transport, Inc. and driven by defendant Cordero-Garcia. Plaintiffs allege that defendants Baldwin & Sons, Inc. and Landsea Homes of California, Inc. operated a construction site in the area and f...

Excerpt: ... (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging that Plaintiff improperly denied discounts that Defendant should have receive...

Excerpt: .../Overview: The complaint in this action was filed on 3/7/19 by plaintiff Allstate Insurance Company against defendant Invensys Climate Controls America, for: (1) negligence; (2) breach of implied warranty; and (3) products liability. This is a subrogation action. Plaintiff alleges that defendant's water valve was defective, causing flooding and water damage to plaintiff's insured's home. On 6/19/19, plaintiff filed a Doe Amendment, naming Roberts...

Excerpt: ...n Mataele, for: (1) Fraud; (2) Intentional tort – violation of California Labor Code § 970; (3) Conversion; (4) Accounting; (5) Common counts; and (6) Intentional infliction of emotional distress. FTRS Family Partnership No. 1 then filed a cross-complaint against plaintiff Hays for the following: 1. Breach of contract – lease 2. Breach of contract – other 3. Fraudulent misrepresentation This is a fraud case in which plaintiff, a photograph...

Excerpt: ... 2003, Saba and Grantham formed a joint venture with Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July ...

Excerpt: ...ovide correct/itemized pay stubs, (6) waiting time penalties, (7) failure to reimburse expenses, (8) violation of Business and Professions Code section 17200, (9) retaliation/wrongful termination in violation of public policy, (10) failure to produce personnel file, (11) failure to produce payroll records, and (12) failure to produce instruments signed by employee during employment. On 5/29/19, DTS answered the complaint and also filed a cross-co...

Excerpt: ...leges causes of action for: (1) Open Book Account; (2) Account Stated; and (3) Reasonable Value. Defendant 5 Star filed its answer on 07/08/19. An attachment application was granted on 12/09/20. Defendant's motion for leave to file a cross-complaint was granted on 01/06/21, and Defendant filed a cross-complaint against Plaintiff the same date, alleging causes of action for: (1) Declaratory Relief; and (2) Negligent Misrepresentation, alleging tha...

Excerpt: ...irez. This action arises out of two separate motor vehicle accidents occurring approximately 3½ weeks apart. Plaintiff alleges Ramirez negligently caused the first accident on 4/26/19 while the parties were on the Interstate 10 in Ontario, California. Plaintiff alleges Cruz negligently caused the second accident on 5/21/19 while the parties were on the State Route 91 in Fullerton, California. Plaintiff alleges he has sustained injuries and damag...

Excerpt: ...in when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, identifying Doe 1 as Kellermeyer Bergensons Services, LLC. On 8/8/19, Kellermeyer Bergensons Services, Inc. (KBS) filed an answer to complaint. A motion for protective order is scheduled for 2/24/21, a motion to comp...

Excerpt: ...m/blow out the bus interior to get rid of trash, wash the bus exterior (if necessary), fuel the bus and place it in storage. The actual fueling was accomplished by a co-worker, and Plaintiff generally/never left the bus during the fueling process, as it was accomplished by a co- employee, and would typically clean the bus interior during fueling. Defendant GEMS Environmental was retained by the County of Orange to remove the liquified natural gas...

Excerpt: ...h Hospital; (3) Prime Healthcare La Palma, LLC dba La Palma Intercommunity Hospital; and (4) and Prime Healthcare Anaheim, LLC dba West Anaheim Medical Center [collectively “plaintiffs” or “Prime Hospitals”]. Named defendants are: (1) Orange County Health Authority dba CalOptima; (2) CalOptima Community Network; (3) Varis, LLC; (4) Altamed Health Services; (5) Amvi Care Health Network; (6) Arta Western Health Network; (7) Family Choice He...

Excerpt: ...ed a writ of attachment against Respondent Rogerson Kratos in the amount of $440,308.14. The instant motion was originally set for hearing on 11/18/20 and was continued to 12/3/20 at the request of newly-retained defense counsel. [See ROA No. 59 (11/18/20 minute order).] The 12/3/20 hearing was again continued to today's date, and the Court ordered in part: “Respondent may file an opposition brief regarding the C.C.P. 1288 jurisdiction issue pu...

Excerpt: ...an order quashing Defendant Rose Lynda Dilag's Deposition Subpoena for Production of Business Records issued to Plaintiff's former employer, Iqbal Abdullah (or “Easy Clean”). Moving Party contends as follows: This case arises out of an automobile accident that occurred on May 21, 2016, wherein Plaintiff sustained injuries. Initially, Plaintiff presented a wage loss claim. However, at her June 26, 2019, deposition, Plaintiff waived her wage lo...

Excerpt: ... responses to Plaintiff ALEXANDER DE YOUNG's First Set of Requests for Production # 2-5, 10-14, 17-18, and 22-25 Facts/Overview: As of 11/20/20, the following two cases have been consolidated for all purposes: 1. Alexander De Young, et al. v. Budget Truck Rental, LLC, et al., Case No. 30-2019- 01102980. On 10/7/19, plaintiffs Alexander De Young, individually and as successor-in-interest to The Estate of Neale De Young, and Joel De Young commenced...

Excerpt: ...nd supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer. Plaintiff's governmental claim was denied on 10/25/18, and on 04/17/19, Plaintiff filed her complaint against Defendants CHP and Roe. The complaint alleges causes of action for: (1) Negligence; (2) Negligent Hiring / Supervision / Training; (3) Sexual Harassment; (4) IIED; (5) Sexual Battery; (6) Vio...

Excerpt: ...Parties request summary adjudication as to the following: 1. That NEGAR ASHOURI, M.D. at all times complied with the requisite standard of practice in the community in providing professional healthcare services to BRONSON KELLY from October 2016 through March 2017. 2. That no act or failure to act by NEGAR ASHOURI, M.D. caused or was a substantial factor in causing any injury or harm to BRONSON KELLY, from October 2016 through March 2017, includi...

Excerpt: ...ntal, LLC to provide further responses to their first set of special interrogatories, Nos. 24-26, 30, and 32. [The Court notes: These motions are brought by both plaintiffs Alexander De Young and Joel De Young. The interrogatories at issue, however, were propounded by plaintiff Alexander De Young only. (See ROA No. 71–Traina Decl. at Ex. 3 [subject form interrogatories]; ROA No. 72–Traina Decl. at Ex. 6 [subject special interrogatories].) Fac...

Excerpt: ...TJ Maxx) alleging two causes of action for (1) negligence and (2) premises liability. This is a slip and fall personal injury action. Plaintiff alleges that on 3/24/18, he was using the restroom at TJ Maxx in Tustin when he slipped and fell on a puddle of water that was leaking from a toilet, causing him to sustain serious injuries. On 1/3/19, TJ Maxx answered the first amended complaint. On 5/17/19, plaintiff filed an amendment to complaint, ide...

Excerpt: ... an assault and battery action. On 08/12/17, Plaintiff was a patron of the Florentine's Downtown Grill. Defendant Intimate inns of CA, Inc. is alleged to be the bar owner, with individual Defendant Florentine being alleged to be the alter ego of Intimate inns of CA, Inc. During his visit, Plaintiff alleges he was manhandled by a bouncer hired by Defendants and thrown to the ground, suffering a broken wrist. Plaintiff filed the complaint against D...

Excerpt: ...r law associate, has interfered in plaintiff's ability to collect fees from Marik and others. Concurrently with the complaint, on 4/18/19, plaintiff filed a Notice of Related Cases, indicating that this case is related to Saba v. San Jacinto Z, LLC, OCSC Case No. 2017- 00950366. On 5/3/19, the Court took notice that the cases were related and transferred the instant case from Dept. C12 to this department. An answer was filed on 5/3/19 by defendan...

Excerpt: ...(negligence and willful misconduct). On 10/8/20, plaintiffs filed a first amended complaint against the same defendants, alleging the same two causes of action. This is a medical malpractice action arising out of defendants' care and treatment of plaintiffs' mother, decedent Annie L. Bingham (decedent), from on or about 3/10/20 until her death on 4/22/20. Plaintiffs allege defendants negligently prescribed decedent contraindicated gout medication...

Excerpt: ... time barred under the statute of limitations in claiming his Second Cause of Action against Defendant Tom for violation of Labor Code §970. 3. Plaintiff cannot prove one or more element of his Second Cause of Action against Defendant Tom for violation of Labor code §970. 4. Plaintiff is time barred under the statute of limitations in claiming his Sixth Cause of Action against Defendant for intentional infliction of emotional distress. NOTE: Pl...

Excerpt: ...2020 (the “Subpoena”) and compelling Granados' production of documents responsive to the requests for production of documents contained in the Subpoena; 2. Holding Granados in contempt of court for failing to comply with this Court's order requiring her to appear for deposition, or in the alternative, for an order setting an OSC re: contempt; 3. Requiring Granados to pay monetary sanctions in the amount of $5,012.50 pursuant to Code Civ. Proc...

Excerpt: ... to compel (see Gorman Decls. ¶ 16). Facts/Overview: On 6/24/19, plaintiff SolarMax Renewable Energy Provider, Inc. commenced this action against defendant Anaheim Lodging Group, Inc., alleging the following ten causes of action: 1. Breach of contract; 2. Breach of implied covenant of good faith and fair dealing; 3. Unfair business practices (Bus. & Prof. Code, § 17200); 4. Open book account; 5. Account stated; 6. Common count; 7. Unjust enrich...

Excerpt: ...ternational Corporation, and Chad Latham, for: (1) breach of written lease; (2) breach of written guaranty; (3) breach of written guaranty; and (4) common counts. Plaintiff alleges that it leased commercial property to defendant Tavistock. Plaintiff alleges that defendants Megatreats and CJ2, LLC, were substituted as lessees under the lease, with plaintiff's consent, but that plaintiff did not release Tavistock or Megatreats from their obligation...

Excerpt: ...hell sued Defendants Core Realty Holdings LLC [“CRH”], Core Realty Holdings Management, Inc. [“CRHM”], Douglas Morehead, and John Saunders, for: (1) fraud – omissions; (2) negligence; (3) breach of written contract; (4) breach of implied covenant of good faith and fair dealing; (5) money had and received; and (6) money lent. Plaintiff alleges that in 2007, he invested a total of $200K into secured debenture notes with an 8% annual coupo...

Excerpt: ...on of trade secrets 4. Conversion 5. Tortious interference with contract 6. Intentional interference with contract 7. Legal malpractice 8. Unfair competition/business practices 9. Disgorgement of salary and benefits 10. Fraud by intentional misrepresentation 11. Fraud by intentional concealment 12. Duress and coercion Defendant Lukas Pieter filed a Cross-Complaint against Leport Educational Institute for the following: 1. Express indemnity 2. Imp...

Excerpt: ...ongful termination action. Plaintiff was employed in 2014 by Defendant Family First as a non-medical home care giver. Plaintiff was assigned four consecutive 24 hour shifts in client's home and was paid $120.00/day, whether or not there were more than one client to care for at a given residence. Plaintiff was not provided mandated rest breaks and was not given reasonable accommodations for sleeping while not working. On 08/14/19, Plaintiff compla...

Excerpt: ...wners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a residence located at 1849 Avenida San Lorenzo, Fullerton, CA 92833. (“Lot 45”). The Nelson Defendants own the residence located at 1841 Avenida Del Norte, Fullerton CA 92833. (“Lot 46”). Plaintiffs allege that in the last three years, Defendants have denied that there was a view easement and allowed trees and other vegetation to grow and grow, prev...

Excerpt: ...-2020-01126802) against defendants Deborah Elder, Rex Elder, and First Team Real Estate–Orange County (First Team or First Team Real Estate). On 1/28/20, plaintiffs filed a first amended complaint against these same defendants, alleging the following six causes of action: 1. Fraud in the inducement – concealment, 2. Fraud in the inducement – intentional misrepresentation, 3. Negligence, 4. Breach of contract, 5. Breach of implied covenant o...

Excerpt: ...ated Services to Promote and Market DFX Sports & Fitness in Exchange for Past Due Rent & Late Fees. (See Plaintiff/Cross- Defendant's Separate Statement of Undisputed Facts, Facts 1-58.) 2. Kermit Hayes Performed Between $30,000.00 and $53,316.00 in Photography Related Services in Las Vegas in December of 2013 for the Promotion and Marketing of DFX Sports & Fitness. (See Plaintiff/Cross-Defendant's Separate Statement of Undisputed Facts, Facts 59...

Excerpt: ...n 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty (Civ. Code, §§ 1791.2, subd. (a), 1794); (5) breach of the implied warranty of merchantability (Civ. Code, §§ 1791.1, 1794); and (6) violation of the Magnuson-Moss Warranty Act. On 1/10/17, this matter was transferred to the Orange County Superior Court. ...

Excerpt: .... Recovery against public works payment bond, 4. Recovery against contractor's license bond, and 5. Statutory penalties (Bus. & Prof. Code, § 7108.5, Pub. Contract Code, § 7107). Plaintiff ABI alleges it entered into a subcontract with defendant Balfour to perform concrete, structural steel, metal decking, and framing work on a public works project entitled the Heideman ES – Two Story Classroom Building for Tustin Unified School District (pro...

Excerpt: ...co, Gerald Greco, Michael Biddle, Jose Perez, and Victor Cervantes. The FAC alleges 15 C/As: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodations; (5) failure to engage in a good faith interactive process; (6) violation of California Family Rights Act; (7) denial of and discrimination based upon the use of sick leave; (8) declaratory relief; (9) wrongful termi...

Excerpt: ...ainst Respondent Rogerson Kratos in the amount of $440,308.14. An MSC is scheduled for 9/17/21, and a court trial is scheduled for 10/18/21. Moving Party contends as follows: Since early 2016, Respondent Rogerson placed orders with Petitioner ParPro to manufacture and procure various electronic components. Following repeated delays in payment, on or about November 1, 2018, ParPro and Rogerson entered into a Memorandum of Agreement [MOA], modifyin...

Excerpt: ... answered the complaint on 04/23/19. The case is set for a motion to be relieved by Plaintiff's counsel on 01/13/21, an MSC on 04/23/21, and trial on 06/21/21. Moving Party contends as follows: Defendant moves this Court for an order compelling plaintiff Jennifer Anne Roark to execute an authorization for the release of her Medi-Cal records from the California Department of Health Care Services (“DHS”). This motion is made pursuant to Evidenc...

Excerpt: ...s after she was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while in course and scope of his employment. County of Orange v. Harris, OCSC Case No. 2018-01033469: The complaint was filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Maintenance, Inc., and Preston Edward Nunez-Ruiz, seeking subrogation for workers' compensation benefits paid to plaintiff Jenni...

Excerpt: ... (5) harassment; (6) failure to prevent harassment; (7) wrongful demotion in violation of public policy; (8) wrongful termination in violation of public policy; (9) IIED; (10) NIED. Plaintiff alleges that he was employed in various positions at Kroger's La Habra Bakery. Plaintiff alleges that: he was denied meal and rest breaks; he was wrongfully demoted from a foreman position “because he allegedly scratched a pole while operating a forklift;�...

Excerpt: ...on in a common interest development. Plaintiffs own the residence located at 1850 Avenida Del Norte, Fullerton CA 92833. Plaintiffs purchased the Property from the developer and obtained a recorded view easement across neighboring parcels, i.e. Lots 45 & 46. The Property and adjoining parcels are encumbered by CC&Rs which, among other things, preclude lot owners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a...

Excerpt: ... On July 18, 2018, Plaintiff Blake Bollen and a group of friends were walking around the perimeter of the point from Emerald Bay Beach to Shell Beach in the City of Laguna Beach. Without notice to plaintiff or anyone, a rock or portion of a rock formation fell upon plaintiff, traumatically severing his arm between the shoulder and elbow. The Second Amended Complaint consists of the following causes of action: 1. Premises liability – against Eme...

Excerpt: ...d, Ramirez, Trester LLP. Facts/Overview: This is an elder abuse action. Plaintiff Betty Hansen is a resident of a residential care center operated by Defendants. Plaintiff suffers from dementia, is a fall risk, and requires assistance for all everyday activities, such as eating, bathing, use of bathroom, and ambulating. Plaintiff alleges that Defendants' staff dropped Plaintiff during a transfer, causing a compound hip fracture, and failed to doc...

Excerpt: ...r staff, clients, or their offices generally. Mr. Howe's duty, among other things, was to address and neutralize these security threats. Following his 8/2/19 termination, plaintiff continued to be “on call” for purposes of addressing security threats. He claims after his employment with PPPSW, Defendant continued to engage him for purposes of utilizing his services with full knowledge that his employment with PPPSW had ended. Plaintiff furthe...

Excerpt: ... at Manor Care of Fountain Valley. HCR Healthcare did not cause Ms. Reiprecht's alleged injuries. There is no evidence of any willful misconduct by Services. 2. One or more of the elements necessary to establish a cause of action under the California Elder Abuse and Dependent Adult Act (“Elder Abuse Act”) are not alleged and do not exist and, thus, evidence of a triable issue as to any material fact cannot be established. The undisputed facts...

Excerpt: ... LLC, dba ManorCare Health Services (Fountain Valley), Westminster Villa, Inc., dba Westminster Villa [“Westminster”], Hoag Memorial Hospital Presbyterian (“Hoag”), Darrin Fryer, M.D., and Heartland Employment Services, LLC, for: (1) negligence / willful misconduct; (2) elder abuse and neglect; (3) wrongful death; (4) violation of Patients' Bill of Rights. Hoag and Fryer were subsequently dismissed from this lawsuit. The complaint alleges...

Excerpt: ...her stay at Manor Care of Fountain Valley. HCR Manorcare Services did not cause Ms. Reiprecht's alleged injuries. There is no evidence of any willful misconduct by HCR Manorcare. 2. One or more of the elements necessary to establish a cause of action under the California Elder Abuse and Dependent Adult Act (“Elder Abuse Act”) are not alleged and do not exist and, thus, evidence of a triable issue as to any material fact cannot be established....

Excerpt: ...Rs which, among other things, preclude lot owners from interfering with any drainage across his/her lot. The Lindstrom Defendants own a residence located at 1849 Avenida San Lorenzo, Fullerton, CA 92833. (“Lot 45”). The Nelson Defendants own the residence located at 1841 Avenida Del Norte, Fullerton CA 92833. (“Lot 46”). Plaintiffs allege that in the last three years, Defendants have denied that there was a view easement and allowed trees...