Excerpt: ...E DAMAGES CLAIM RELATING TO BUILDING C; DEFENDANT BEVERLY HILLS UNIFIED SCHOOL DISTRICT'S MOTION TO EXCLUDE EVIDENCE THAT THE EXCLUSIVE SUBSURFACE EASEMENT COULD HAVE BEEN MODIFIED TO ACCOMMODATE BUILDING C Background This is an eminent domain action. Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) seeks to acquire subsurface tunnel easements beneath the Beverly Hills High School Campus for the purpose of the con...

Excerpt: ...ive Second Amended Complaint (“SAC”) was filed on March 30, 2020, and asserts causes of action for (1) breach of fiduciary duty by attorney, (2) legal malpractice, (3) unfair competition, (4) false advertising, (5) fraud, (6) constructive fraud, (7) negligent misrepresentation, (8) intentional infliction of emotional distress, (8) negligent infliction of emotional distress, (10) breach of contract, (11) breach of the covenant of good faith an...

Excerpt: ... LLP IN THE SUM OF $15,000.00; DEFENDANTS' JOINT DEMURRER TO 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”) (collectiv...

Excerpt: ... 23, 2019 against Mundo Terra USA Holdings Corporation, Mundo Terra CA LLC, and Hector Miron (“Miron”). The operative First Amended Complaint (“FAC”) was filed on November 4, 2019 and asserts causes of action for (1) failure to pay minimum wage in violation of the California Industrial Welfare Commission Wage Order MW-2017 and California Labor Code section 1182.2, (2) failure to pay overtime hours pursuant to California Labor Code section...

Excerpt: ...ndant Rose Bowl Operating Company (“RBOC”). The Complaint asserts causes of action for (1) discrimination on the basis of age and medical condition in violation of California Government Code § 12940 et seq., (2) age harassment in violation of California Government Code § 12940 et seq., (3) wrongful termination in violation of public policy, (4) breach of contract and covenant of good faith and fair dealing, and (5) retaliation in violation ...

Excerpt: ...led this action on July 25, 2019 against Defendants Moo Han Bae aka William Bae (“Bae”), Gap Jae Cho (“Cho”), and Il Soon Choi (“Choi”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on June 30, 2020. The FAC asserts causes of action for slander and libel. Defendants now move, pursuant to Code of Civil Procedure section 425.16, for an order striking the FAC. Lee opposes. Defendants also d...

Excerpt: ...Bae and James Bae (jointly, “Defendants”). 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 Defendant to pay rent for December 2019 and January 2020 of $6,400 per month for a total of $12,800 to Plaintiff's counsel on or before December 23, 2019. The parties were also ordered to meet and confer over the...

Excerpt: ...KE PORTIONS OF PLAINTIFF'S COMPLAINT Background Plaintiff Pyramid Technologies, Inc. (“Pyramid”) filed this action on February 24, 2020 against Defendants PF Heritage, LLC (“PF”) and Igor Pasternak (“Pasternak”) (jointly, the “PF Parties”). The Complaint asserts causes of action for breach of contract, fraud, and conversion arising from the lease of the real property located at 1724 Aeros Way, Montebello, California (the “Proper...

Excerpt: ...isten Pascarella (“Pascarella”) filed this action on May 7, 2018. The operative Third Amended Complaint (“TAC”) was filed on March 22, 2019. Of the 16 causes of action asserted in the TAC, eight remain: (1) breach of implied warranty of habitability/tenantability, (2) breach of covenant of quiet enjoyment, (3) negligence, (4) retaliation, (5) negligent infliction of emotional distress, (6) intentional misrepresentation, (7) negligent misr...

Excerpt: ...OOSA HEIKALI Background This is a qui tam action brought by Relator State Farm Mutual Automobile Insurance Company (“State Farm”) on behalf of the People of the State of California against Defendants F&M Radiology Medical Center, Inc. (“F&M”), Moosa Heikali (“Heikali”), and Bahram Tabibian, M.D. (“Tabibian”). The Complaint asserts a cause of action for violation of the Insurance Frauds Prevention Act (Insurance Code section 1871.7...

Excerpt: ... and preliminary injunction on July 16, 2020 against Defendants A.C.A. Experts, Inc. (“ACA”), Joon Kim, (“J. Kim”), Shin Kim (“S. Kim”), and Somerset Business Partners, L.P. (“Somerset”). Somerset now demurs to each cause of action of the Complaint on the ground that each fails to state facts sufficient to constitute a cause of action. The demurrer is unopposed. Request for Judicial Notice The Court denies Somerset's request for j...

Excerpt: ...Benitez (jointly, “Plaintiffs”) filed this personal injury action on April 8, 2016. This action arises from injuries sustained by Hernandez when he was allegedly struck by a dumpster or container that was pushed into him by a tractor‐trailer backing up into the loading dock of a Food 4 Less store near where Hernandez was working. The tractor‐ trailer was allegedly being driven and operated by Rodolfo Trujillo (“Trujillo”). In the Comp...

Excerpt: ...��) filed this action against Defendants John Gould (“Gould”), Sylvia A. Gould (“Sylvia Gould”), and John Thomas Gould (“JT Gould”) (collectively, “Defendants”) on May 26, 2020. The First Amended Complaint (“FAC”) was filed on July 31, 2020[1] and asserts causes of action for (1) libel per se, (2) slander per se, (3) intentional infliction of emotional distress, (4) extortion, (5) impersonation by electronic means in violation...

Excerpt: ...iff Center West (“Plaintiff”) filed this action against Defendants Stephen A. Silverman Law Corporation (the “Law Firm”) and Stephen A. Silverman (“Silverman”) (jointly, “Defendants”) asserting causes of action for breach of contract. Plaintiff alleges that it leased certain commercial real estate property to Defendants, and that Defendants breached the lease by failing to pay rent due. Defendants now move for a stay of proceeding...

Excerpt: ...September 15, 2020, the Court issued an order granting Plaintiff's motion for summary judgment. On September 17, 2020, Plaintiff filed a proposed judgment. Towle subsequently filed objections to the proposed judgment, and on October 26, 2020, the Court issued an order rejecting the proposed judgment without prejudice to Plaintiff filing a regularly noticed motion for attorney fees and costs, setting forth the basis for the fee and cost request an...

Excerpt: ...nd Plaintiffs Barbara and David Darwish, as trustees of 1810 Stanford St. Trust (jointly, “Plaintiffs”) filed this action on April 11, 2019 against Defendants Dennis Angel (“D. Angel”), Brian Angel (“B. Angel”), 6 Angels LLC (“6 Angels”), Prime Rentals LLC (“Prime Rentals”), Giselle Properties, Inc. (“Giselle”), and Peter Baer (“Baer”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) ...

Excerpt: ...ffs”), on behalf of themselves and all others similarly situated, move for an order granting preliminary approval of the class action settlement entered into with Defendant Penhall Company (“Penhall”). The motion is unopposed. On January 13, 2021, the Court issued an order determining that the settlement appeared to be fair and reasonable but ordered the parties to submit a copy of the Class Notice for review. The Court notes that the Class...

Excerpt: ...d Gun Club Inc. (“Plaintiff”) filed this action. The operative First Amended Complaint (“FAC”) asserts causes of action for breach of contract and breach of the covenant of good faith and fair dealing against Defendant Chicago Title Insurance Company (“Defendant”). Defendant now demurs to both causes of action on the ground that each fails to state facts sufficient to constitute a cause of action. Plaintiff opposes. Discussion In the ...

Excerpt: ...d this employment action against Defendants City of Industry Hospitality Venture, LLC and The Spearmint Rhino Companies Worldwide, Inc. (jointly, “Defendants”) on January 16, 2020. In her Complaint, Moreira asserts causes of action for various wage and hour violations of the Labor Code and violation of Business and Professions Code section 17200, as well as a cause of action for penalties pursuant to Labor Code section 2698 et seq. (the “PA...

Excerpt: ...) filed this action on July 2, 2018 against Defendants Sotheby's International Realty, Inc. (“Sotheby's”) and Marcus Beck (“Beck”) (jointly, “Defendants”). On August 14, 2018, Beck removed this action to federal court. In the federal action, Plaintiff filed a First Amended Complaint (“FAC”) on November 30, 2018. On March 12, 2019, the court in the federal action granted Plaintiff's motion to remand the case back to state court. Th...

Excerpt: ...gainst Defendants Beverly Smith (“Smith”), Cheryl Hickmon (“Hickmon”), and Delta Sigma Theta Sorority, Inc. (“Delta”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020 and asserts causes of action for breach of contract, breach of the covenant of good faith fair dealing, violation of the Unfair Competition Law, declaratory relief, injunctive relief, intentional infliction ...

Excerpt: ...intiff Childhelp, Inc. (“Childhelp”) filed this action on July 2, 2018 against, inter alia, Defendant City of Los Angeles (the “City”). Childhelp's operative Fourth Amended Complaint (“4AC”) was filed on July 13, 2020. On February 8, 2019, the Court issued an order consolidating the instant action with City of Los Angeles v. Childhelp, Inc., Case No. 18STUD10815 (the “Unlawful Detainer Action”). The City filed the Unlawful Detaine...

Excerpt: ...urity Services, USA, Inc. (“Securitas”) and Frank Chavez (“Chavez”) (jointly, “Defendants”) move for summary judgment or, in the alternative, summary adjudication of each of the causes of action of the Complaint of Plaintiff Amannda Edwards (“Plaintiff”). The Court heard oral argument on this matter on October 15, 2020, and subsequently, the Court ordered the parties to file supplemental briefing regarding the wrongful discharge c...

Excerpt: ...a Sincore-Templeton (“Templeton”) filed this action on July 24, 2020 against Defendants Beverly Smith (“Smith”), Cheryl Hickmon (“Hickmon”), and Delta Sigma Theta Sorority, Inc. (the “Sorority”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020 and asserts causes of action for breach of contract, breach of the covenant of good faith fair dealing, violation of the Unfai...

Excerpt: ...ON Background Plaintiff Michael Russell (“Russell”) filed this action on December 12, 2018. The operative Third Amended Complaint (“TAC”) was filed on November 9, 2020. In the TAC, Russell alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Spec Concepts, Inc. (“Spec”) now demurs to the second cause of action of the TAC on the ground that it fails to state facts suffic...