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: ...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: ...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: ... 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...