Excerpt: ...nc. [“Century”], Rise Smith, and Farren 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. This is a fraud case in which plaintiff, a photographer, alleges that he was lured into working for defendants in order to pay off a debt. He claims he put in long hours and that defendants never paid him, fa...

Excerpt: ..., alleges that Plaintiff was harassed and discriminated against because he is African-American. Plaintiff filed his complaint on 2/13/19 against Defendant Aspen Medical Products. The complaint alleged causes of action for: (1) Discrimination (FEHA); (2) Failure to Prevent Discrimination (FEHA); (3) Retaliation (FEHA); (4) Wrongful Discharge in Violation of Public Policy; (5) Harassment (FEHA); (6) Failure to Prevent Harassment (FEHA). Following a...

Excerpt: ...k Hunt. The case trailed for trial and was assigned to this Court for trial on 12/4/19. Plaintiff's motion for summary judgment/adjudication was heard on 11/22/19 by Judge Hunt. Judge Hunt ruled: (1) as plaintiff had elected to proceed on its causes of action for conversion and recovery of personal property, plaintiff's 1 st C/A for breach of lease was dismissed; (2) summary adjudication was granted as to the 2 nd and 3 rd C/As for conversion and...

Excerpt: ...ation of Business and Professions Code section 17200 et seq. (UCL), 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 May 29, 2019, DTS answered the complaint and also filed a cross-complaint against Carter alleging the following two causes of action: 1. Breach of contract,...

Excerpt: ... to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time penalties, 7. Failure to reimburse expenses, 8. Violation of Business and Professions Code section 17200 et seq. (UCL), 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 May 29, 2019,...

Excerpt: ...ski and driven by his daughter, Defendant Sara Ann Sanchez. Sanchez stopped the vehicle and came to the aid of Plaintiff, who was dazed, lying in the street, getting ice for her injured ankle. Sanchez did not call the police or 911. Instead, she put Plaintiff in her vehicle and drove her to her apartment. A relative of Plaintiff saw Plaintiff approximately an hour later in her apartment, suffering from a number of symptoms. Plaintiff was then tra...

Excerpt: ... Negligence 4. Premises liability No other matters are currently scheduled on calendar. A jury trial has been set for March 15, 2021. Moving Party contends as follows: This motion is brought pursuant to Code of Civil Procedure section 598. Plaintiff has retained a radiologist, a medical billing expert, and a rehabilitation nurse. He has also designated three non-retained doctors, as well as “any and all physicians and treating personnel” from...

Excerpt: ...oan Servicing, Inc. [“Del Toro”], Teresa Lopez, and Carolina Mercado, for: (1) judicial foreclosure; (2) negligence; (3) breach of fiduciary duty; (4) conversion; (5) conversion; (6) fraud; (7) unjust enrichment. Defendant Lopez owns property in Cypress, subject to a promissory note and recorded deed of trust in favor of non-party Asur II, securing a $600,000 mortgage loan [“Asur II loan”], serviced by defendant El Toro. Defendant Mercado...

Excerpt: ...ories, and (5) Custodian of Records for Southern California Edison. Facts/Overview: On April 18, 2019, plaintiff Lorna Carter commenced this action against defendant Darnell Technical Services, Inc. (“DTS”) alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time ...

Excerpt: .... Breach of written partnership agreement, 4. Accounting, 5. Declaratory relief, and 6. Elder financial abuse. On December 18, 2019, Madigan filed a first amended complaint against the same defendants, alleging the same six causes of action. On January 3, 2020, plaintiffs-in-intervention Joseph Marca, Gary Marca, and Jean (Marca) Greenstadt (collectively, the Marcas) filed a complaint-in-intervention against the same defendants, alleging the same...

Excerpt: ...o scheduled for the same date. Defendant has filed a motion for summary judgment, which is set for hearing on 1/6/21. A jury trial is scheduled for 2/8/21. Plaintiff seeks the following: Motion No. 1: To compel further responses to Form Interrogatories, Set Two, Form Interrogatory [“Rog” or “Rogs”] No. 17.1 [re: RFA Nos. 5-10]; monetary sanctions; Motion No. 2: To compel further responses and production to Request for Production of Docume...

Excerpt: ...ower and upper jaw. The complaint alleges that Defendants negligently installed the implants and used lesser quality implants than that agreed to between the parties. Defendants are also alleged to have concealed the negligence and use of lesser quality implants from Plaintiff and have falsely represented to Plaintiff that it was necessary to remove all of Plaintiff's remaining teeth and veneers in his lower jaw. Plaintiff filed his complaint in ...

Excerpt: ...aratory relief; (6) breach of the covenant of good faith and fair dealing; (7) unfair business practices; and (8) breach of CA Franchise Laws (Corp. Code 31000 et seq.). Plaintiff alleges that plaintiff entered into a licensing agreement with defendants to operate two eateries. Plaintiff alleges that defendants misrepresented the costs and profitability of the business. Plaintiff further alleges that when it complained, defendants retaliated by, ...

Excerpt: ...laintiff presented to a different hospital, where he was advised that his finger had been fractured, dislocated, or sublexed for two months, and because the dislocation had occurred two months previously, that the damage may not be repairable. Plaintiff eventually underwent corrective surgery. On 10/15/19, Plaintiff filed his complaint against Defendants Julie K. Sun, MD, Michael W. Perlman, MD, Los Alamitos Medical Center, and Fabiola O. Siantur...

Excerpt: ... of CA False Claims Act (Gov't Code 12650 et seq.); (3) whistleblower retaliation (Labor Code 1102.5); and (4) whistleblower retaliation (H&S 1278.5). Plaintiff alleges that he was employed by CalOptima as Deputy Chief Medical Officer from 2014 to 2018 pursuant to a written employment offer and contract. Defendant Shrader is the CEO of CalOptima, and defendant Helmer is the Chief Medical Officer. Plaintiff was terminated in 2018, purportedly for ...

Excerpt: ...Lorna Carter commenced this action against defendant Darnell Technical Services, Inc. (“DTS”) alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time penalties, 7. Failure to reimburse expenses, 8. Violation of Business and Professions Code section 17200 et seq. ...

Excerpt: ...ion; (7) harassment; (8) failure to prevent harassment; (9) wrongful termination; (10) wrongful termination in violation of public policy; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress; (13) failure to timely provide personnel records; (14) failure to timely provide payroll and employment records; (15) breach of express and/or implied employment contract; and (15) unfair business practices. Pla...

Excerpt: ...Covid-19 pandemic. A jury trial is set for 3/21/22. MOTION No. 1 – For trial preference: Plaintiff moves for an order specially setting this action for trial preferentially, pursuant to CCP § 36(a). Moving Party contends as follows: Plaintiff Rohangez Foroezanden is a 72 year old woman with a medical history of stroke with left sided hemiparesis, difficulty walking, Parkinson's dementia, hypertension, frequent urinary tract infections, fractur...

Excerpt: ...pecifically three US Patents for medical equipment used in diagnosing and treating eye disease (the “Diopsys Action”). Plaintiff tendered the defense of the Diopsys Action to Defendant on 2/2/17, which request was denied in writing on 8/17/17. On 10/11/17, Plaintiff requested Defendant reconsider its denial of defense and indemnity, which was again denied. Defendant declined to attend a settlement conference held in the Diopsys Action and rea...

Excerpt: ...y defendants). The original complaint alleged three causes of action for (1) assault/battery, (2) negligence, and (3) negligent infliction of emotional distress. On April 2, 2019, plaintiff filed an amendment to the complaint, identifying Doe 1 as Kaiser Foundation Health Plan, Inc. (KFHP), erroneously sued as “Kaiser Foundation Health Plans.” On May 8, 2019, plaintiff filed two additional amendments to the complaint, identifying Doe 2 as Sou...

Excerpt: ...ratory relief. Plaintiff alleges as follows: He and defendant were involved in a romantic relationship. On 9/21/15, they purchased a property as joint tenants. Eventually, the parties broke up, and defendant abandoned the property. Plaintiff severed the joint tenancy and changed the locks on the property. Plaintiff has since been making the payments on the property. An answer and cross-complaint were filed on 8/29/19 by defendant / cross-complain...

Excerpt: ...nd other spend management services.” Plaintiffs allege that they were improperly classified as independent contractors and were therefore deprived of wages, commissions, and full reimbursement of travel and other out of pocket expenses. Plaintiffs filed their complaint on 7/26/19 against Defendants Lyndon Group, LLC and Kenneth Jones. Defendant Jones is alleged to be the alter ego of Lyndon Group. Plaintiffs filed their operative First Amended ...

Excerpt: ...0/1/12, Plaintiffs Michael Colaco and Inet Airport Systems, LLC filed a complaint against Defendants Cavotec S.A., fka Cavotec MSL Holdings Ltd. (hereinafter “Cavotec”), Cavotec Inet US Inc. (hereinafter “Cavotec Inet”), Stefan Widegren and Ottonel Popesco for: 1. Fraud in the Inducement 2. Breach of Contract 3. Breach of the Implied Covenant of GFFD 4. Declaratory Relief 5. Declaratory Relief-Resignation 6. Unjust Enrichment 7. Violation...

Excerpt: ...resentation; (6) violation of Penal Code section 496 [which was dismissed on 3/20/19]; and (7) concealment. The TAC alleged that plaintiff and defendants were shareholders in Autocrib, Inc. and that defendants improperly reduced plaintiff's share ownership through a variety of means, including fraud. On 8/17/15, defendants moved to compel arbitration, which motion was denied on 9/9/15. The court's minute order of said date provides additional rel...

Excerpt: ...ant 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 Jennifer Anckaer. On 1/24/19, pursuant to stipulation, bo...