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: ...(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: ...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: ...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: ...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: ...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: ... 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...