Excerpt: ...a Gurrola (“Gurrola”), and Bertha Gutierrez (collectively, “Defendants”)[1] on April 20, 2018. The operative Second Amended Complaint (“SAC”) was filed on February 25, 2019, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the basis of actual/perceived disability and also discrimination, harassment, and retaliation on the basis of race/national origin), violation of CFRA, failure to e...

Excerpt: ...MENDED COMPLAINT AND RELATED CROSS‐ACTION Background On April 24, 2020, Plaintiffs Noel C. McDaid, Eileen McDaid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, “Plaintiffs”) filed this action against various defendants, including Defendant LifePro Financial Services, Inc. (“LifePro”). The operative Third Amended Complaint (“TAC”) was filed on March 11, 2021, and asserts ca...

Excerpt: ...nd Vivian Meng filed this action on June 21, 2019. The operative Second Amended Complaint (“SAC”) was filed on March 24, 2021. The SAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) breach of fiduciary duty, (5) violation of Business and Professions Code section 7160, (6) aiding and abetting unlicensed contracting, (7) conversion, (8) restitution, and (9) rescission. Defendants L...

Excerpt: ...otor of America, Inc. (“MMA”). On October 9, 2020, Plaintiff filed amendments to the complaint naming Mazda Motor Corporation (“MMC”) and Mazda North American Operations (“MNAO”) in place of Doe defendants. On January 15, 2021, Plaintiff filed Proofs of Service of Summons indicating that the agent for service of process for MMC and MNAO (CT Corporation Systems) had been served by personal service on November 10, 2020. Default was ente...

Excerpt: ...017, Plaintiffs filed this employment action against various defendants. The operative First Amended Complaint (“FAC”) was filed on November 22, 2017, and asserts causes of action for various Labor Code violations (failure to pay overtime, failure to provide meal and rest breaks, failure to pay wages, failure to reimburse expenses), for FEHA violations (discrimination, failure to prevent discrimination, and harassment), breach of contract, fr...

Excerpt: ...EU, INC. AND IMPOSITION OF AN AWARD OF ATTORNEY FEES AGAINST ALL DEFENDANTS, JOINTLY AND SEVERALLY, OR ALTERNATIVELY, FOR AN ORDER TO SET ASIDE THE MAY 25, 2021 ORDER PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 473 MOTION FOR SANCTIONS RE VIOLATION OF THE COURT'S MAY 25, 2021 ORDER; REQUEST FOR AN AWARD OF ATTORNEY'S FEES AND COSTS Background Plaintiff Kenneth Wengrod (“Plaintiff”), as trustee of the Manhattan Trust, derivatively, on be...

Excerpt: ...estments. The operative First Amended Complaint (“FAC”) was filed on April 8, 2021, and asserts causes of action for (1) usury, (2) common counts, (3) violation of California Finance Code Section 22750, and (4) unfair competition in violation of Business & Professions Code Section 17200. Defendants Arvind Doshi (“Arvind”), Paras Doshi, and Tejas Doshi filed a demurer to each cause of the action on the basis that each fails to state facts ...

Excerpt: ...IRST AMENDED COMPLAINT Background On October 28, 2019, Plaintiffs Willie F. McMullen, Jr. (“McMullen”), Deanna Welch (“Welch”), and Daijon Carcamo (“Carcamo”) (collectively, “Plaintiffs”) filed this action against Defendants Ana Ward (“Ward”), HDSI Management, Inc. (“HDSI”), Walton Halad Company Two, LLC (“Walton”), and Kimball, Tirey & St. John LLP (“KTS”) (collectively, “Defendants”). The Complaint asserted c...

Excerpt: ...fendants White Memorial Medical Center (“WMMC”), Adventist Health System/West (“Adventist”), and Victory Emergency Physicians Medical Group, Inc. (“Victory”). The operative Second Amended Complaint (“SAC”) was filed on August 20, 2020, and asserts causes of action for (1) violation of constitutional due process, (2) violation of right to fair procedure, (3) violation of Business and Professions Code section 809 , (4) breach of con...

Excerpt: ...is demurrer to the sixth cause of action for fraudulent inducement-concealment of the First Amended Complaint (“FAC”) of Plaintiff Leah Alvarado. Honda also moves to strike the fraud and duty allegations as well as the punitive damages claim from the FAC. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicia...

Excerpt: ...la Pachon, Rogelio Zarat, and Global Cargo & Courier, Inc. (“Global”) (collectively, “Defendants”). In the Complaint, Plaintiff alleges that on or about August 20, 2019, it entered into a Business Assets Sale Agreement (the “Sale Agreement”) whereby Defendant Paola Pachon (“Paola”), in exchange for $300,000, sold her businesses named Paramount Cargo, Paramount Express International, Inc., and Paramount Express International Freigh...

Excerpt: ... Inc. dba Crystal Chrysler Jeep Dodge Center, and Does 1 through 10. Plaintiff's complaint includes four causes of action: (1) breach of express warranty; (2) breach of implied warranty; (3) fraudulent inducement – concealment; and (4) negligent repair. On January 21, 2021, Plaintiff served an offer to compromise pursuant to Code of Civil Procedure section 998 in the amount of $125,000 plus fees, costs and expenses. (Wirtz Decl., ¶ 27.) The of...

Excerpt: ...”) (jointly, “Plaintiffs”) filed this action against Defendants HDSI Management, Inc. (“HDSI”) and Walton Halad Company Two, LLC (“Walton”) (jointly, “Defendants”). The Complaint asserts causes of action for fraudulent concealment, declaratory relief, and preventive injunctive relief. Defendants now move to strike the Complaint pursuant to Code of Civil Procedure section 425.16. Plaintiffs oppose. Evidence The Court rules on Pla...

Excerpt: ... against Defendants Pro X Motors, Inc. (“Pro X”), Altura Credit Union (“Altura”), and Hudson Insurance Company (“Hudson”). On September 1, 2020, upon the stipulation of Plaintiffs, Pro X, Altura, and Hudson, the Court ordered that Plaintiffs' claims against Pro X and Altura were to be arbitrated before the American Arbitration Association (“AAA”) and that Plaintiffs' claims against Hudson were to be stayed pending completion of ar...

Excerpt: ...ly and as successor-in-interest to the Estate of Vera Tereshchenko (“Plaintiff”) filed this wrongful death action on December 9, 2020 against Defendants New Vision Assets, Inc. (“New Vision”), WSH Management, Inc. (“WSH”)”, and Maureen McGinley (“McGinley”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) asserts causes of action for (1) negligence – wrongful death, (2) negligence – surviva...

Excerpt: ...nd James Bae (jointly, “Defendants”). Plaintiff filed its operative first amended complaint on March 15, 2021. On December 18, 2019, the Court issued an order staying this unlawful detainer action pending the completion of the related case Bae v. Park (Case No. 19STCV35553). The Court further ordered Defendants to pay rent for December 2019 and January 2020 of $6400 per month for a total of $12,8000 to Plaintiff's counsel on or before Decembe...

Excerpt: ...AINTIFFS MIKE YESSIAN AND MANDI MARTINEZ Background Plaintiffs Mike Yessian (“Yessian”) and Mandi Martinez (“Martinez”) (jointly, “Plaintiffs”) filed this action on January 13, 2020, against Defendants Garfield Beach CVS LLC dba CVS Pharmacy Store (“CVS”) and Deborah Padilla (“Padilla”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 28, 2020, and asserts causes of action for ...

Excerpt: ...t action on January 21, 2020 against Defendants Denny's, Inc. (“Denny's”) and Aron Merese (“Merese”). On March 9, 2020, Denny's filed its answer to the Complaint. After conducting discovery, Denny's discovered that additional affirmative defenses were available (specifically, workers' compensation exclusivity, no double recovery, res judicata, pre-existing condition, and alternate cause). (Schaedel Decl., ¶ 10-12.) Denny's attempted to s...

Excerpt: ... May 28, 2020, Plaintiffs Dro Shademany (“Shademany”) and Karineh Margosian (“Margosian”) (jointly, “Plaintiffs”) filed the instant action against Defendants Edgar Karoyan (“Karoyan”), individually and in his capacity as trustee of the Edgar Karoyan Living Trust UTD September 10, 2018, and Rina Agajanyan (“Agajanyan”) (jointly, “Defendants”). On May 5, 2021, Defendants filed the operative First Amended Cross-Complaint (“...

Excerpt: ...n Department 50 of the above-entitled Court before the Hon. Teresa A. Beaudet. The Court, having considered the First Amended Petition to Confirm Contractual Arbitration Award and the attachments thereto (the “Petition”), the Response to First Amended Petition to Confirm Arbitration Award, the Respondents' Amended Memorandum of Points and Authorities in Opposition to the Petition and in Support of Request to Vacate Arbitration Award, the Decl...

Excerpt: ...ff Donya Entertainment, Inc. (“Plaintiff”) filed its complaint against Defendant Farmers Insurance Exchange (“Defendant”) and Does 1 to 300 asserting a sole cause of action for tortious breach of the implied covenant of good faith and fair dealing. On February 3, 2021, Defendant filed a motion for summary judgment on the grounds that “there is no coverage of the claim sued upon under Plaintiff's insurance policy and Plaintiff, as a thir...

Excerpt: ...“Lindsey”) and Wiebke Vallentin Alpert (“Wiebke”) filed a Complaint. The operative pleading is the First Amended Complaint, which alleges causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, and (4) negligent misrepresentation against Defendants State Farm General Insurance Company (“State Farm”) and Yenny Uruquilla (�...

Excerpt: ... March 2, 2020, Plaintiff Shahram “Ray” Golbari (“Golbari”) filed this action against Defendant Saeid “Steve” Aminpour (“Aminpour”). The operative Second Amended Complaint (“SAC”) was filed on April 30, 2021 and asserts causes of action for equitable indemnity, contribution, apportionment, and to set aside and recover fraudulent conveyances. Aminpour now demurs to each of the causes of action. Aminpour also moves to strike por...

Excerpt: ...TIOUS/INCORRECT NAME) Background Plaintiff Commonwealth Land Title Insurance Company (“Plaintiff”) filed this action on July 18, 2019 against Defendants DAHC Everett Development, LLC (“DAHC”) and Edna M. Boyer aka Edna M. Boyer Clardy aka Edna B. Clardy (“Boyer”). In the Complaint, Plaintiff alleges that it issued a title insurance policy to Erika Hubbard (“Hubbard”) in relation with the purchase of the real property located at 54...

Excerpt: ...STS FOR ADMISSION, SET ONE, AND (3) REQUESTS FOR PRODUCTION, SET ONE AND REQUEST FOR MONETARY SANCTIONS Background On February 20, 2020, Plaintiff Israel Sam Gorodistian (“Plaintiff”) filed this action against Defendants Jadelle Jewelry and Diamonds, LLC (“Jadelle LLC”), Jadelle Inc. (“Jadelle”), Jona Rechnitz (“Jona”), Rachel Rechnitz (“Rachel”), and Robert Rechnitz (“Robert”). Plaintiff asserts causes of action for conve...