Excerpt: ...CTION 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 suf...

Excerpt: ...ntiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh and Jae In Suh (jointly, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on November 14, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, and (7) unfair business competition. On June 30, 2020, Plaintiffs filed an ...

Excerpt: ...19 against Defendants Pyramid Technologies, Inc. (“Pyramid”) and Anthony Mavusi (“Mavusi”) (jointly, “Defendants”). Default was entered against Defendants on October 18, 2019, and a clerk's judgment for possession of the subject premises was issued on October 21, 2019. Defendants now move to vacate the default and the default judgment. Plaintiff opposes. On January 6, 2021, following oral argument at the original hearing on this matte...

Excerpt: ...CLAREN AUTOMOTIVE INC.'S MOTION FOR SUMMARY JUDGMENT AND RELATED CROSS-ACTION Background Plaintiff Alexander Weinberger (“Weinberger”) filed this Lemon Law action on March 7, 2019 against Defendants McLaren Automotive, Inc. (“MAI”) and O'Gara Coach Company, LLC dba McLaren Beverly Hills (the “Dealership”). The operative First Amended Complaint for Damages (“FAC”) was filed on January 30, 2020, and asserts a cause of action for bre...

Excerpt: ...RIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT Background Plaintiffs Alexander Nabil Bassily and Nabil Bassily Sr. (jointly, “Plaintiffs”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) on December 4, 2019. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. violation of subdivision (d) of Civil Code section 1793.2; 2. violation of subdivision (b) of Civil Code section 179...

Excerpt: ...)(1) AND RELATED CROSS-ACTION Background On November 30, 2018, Plaintiffs Rancho Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”) for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contrac...

Excerpt: ...iled this legal malpractice action on August 20, 2019 against Defendants Patricia Glaser, Glaser Weil LLP (“Glaser Weil”), and Adam Pines (collectively, “Defendants”). Defendants now move to compel Plaintiffs to arbitration. No opposition to the motion was filed, but a declaration by Plaintiffs' counsel was filed on January 13, 2021, requesting a continuance. Plaintiffs request a continuance on the instant motion because the judgment that...

Excerpt: ... MANAGEMENT, INC. AND THEIR ATTORNEYS OF RECORD Background Plaintiff Sol De La Cruz (“Plaintiff”) filed this employment action on May 16, 2019 against, among others, Defendants Dayan Property Services, LLC (“DPS”) and Fortuna Asset Management Inc. (“Fortuna”) (jointly, “Defendants”). On July 11, 2019, Plaintiff served Defendants with the following written discovery requests: Form Interrogatories – General, Set One; Form Interrog...

Excerpt: ...ention Partners LLC (“AP”), Kirshenbaum Bond Senecal & Partners LLC (“KBSP”), and MDC Venture Capital Partners US LLC (“MDC”).[1] The operative First Amended Complaint (“FAC”) was filed on September 7, 2018, and asserts causes of action for (1) sexual orientation discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) failure to prevent discrimination in violation of FEHA, and (4) wrongful termination in vio...

Excerpt: ...��) on October 15, 2018. On July 25, 2019, the Court issued an Amended Judgment on Appeal of Labor Commissioner's Decision, Award or Order (the “Judgment”) in favor of Defendant and Respondent Ken Gutell (“Gutell”) in the amount of $12,592.99. On February 10, 2020, the Court issued an Order on Respondent's Motion for Attorney Fees, which granted Gutell $5,450 in attorney fees and $557 in costs. Gutell now moves to amend the Judgment to ad...

Excerpt: ...s”), 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. Discussion Preliminary Approval of Class Action Settlement As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] f...

Excerpt: ...ank, N.A. as Securities Intermediary for Viva Capital 3 L.P. (“U.S. Bank”) and Viva Capital 3 L.P. (“Viva”) (jointly, “Plaintiffs”) filed this action on April 1, 2020 against Defendant Estate of Roland Glen Hoefer (the “Estate”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2020. On September 14, 2020, the Estate filed a Cross-Complaint against Plaintiffs. In the FAC, Plaintiffs allege that on or about ...

Excerpt: ... AMENDED COMPLAINT; AND RELATED CROSS-ACTION 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 Columbia Tristar Marketing Group, Inc. (“Columbia”) now demurs to the first and second c...

Excerpt: ...ive First Amended Complaint (“FAC”) was filed on September 8, 2020 and asserts twenty‐six causes of action stemming from Plaintiff's employment with Defendant. Defendant now demurs to the sixteenth (civil penalties pursuant to Labor Code section 2699), twenty‐second (negligent infliction of emotional distress), and twenty‐third (intentional infliction of emotional distress) causes of action. Plaintiff opposes. Request for Judicial Notic...

Excerpt: ...9 against Defendants Pyramid Technologies, Inc. (“Pyramid”) and Anthony Mavusi (“Mavusi”) (jointly, “Defendants”). Default was entered against Defendants on October 18, 2019, and a clerk's judgment for possession of the subject premises was issued on October 21, 2019. Defendants now move to vacate the default and the default judgment. Plaintiff opposes. Request for Judicial Notice The Court grants Defendants' request for judicial noti...

Excerpt: ...inst Defendants Greater New Bethel Baptist Church, Inc. (“Greater New Bethel”) and Earl A. Pleasant (“Pleasant”). A First Amended Complaint (“FAC”) was filed on May 19, 2016, and asserted causes of action for defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, and vicarious liability. In addition to Greater New Bethel and Pleasant, the FAC also named as defendants Greater New Bethel Ba...

Excerpt: ...NDED RULINGS. THE COURT HAS SIGNED THE ORDERS TO THAT EFFECT AND ORDERED DEFENDANTS TO GIVE NOTICE. THE ORDERS WILL BE FILED AND WILL APPEAR IN THE DOCKET FOR THIS CASE WITHIN A DAY OR TWO. SECOND, THE COURT HAS REVIEWED THE CENTER OF HEALTHCARE EDUCATION CASE ATTACHED TO PLAINTIFFS' NOTICE OF RECENTLY PUBLISHED OPINION. THE COURT THANKS PLAINTIFFS FOR BRINGING THE CASE TO THE ATTENTION OF THE COURT. THE COURT HAS REVIEWED THE CASE AND DOES NOT N...

Excerpt: ...Armando Nunez (“Nunez”) filed this employment action against Defendant San Martin De Porres Medical Clinic of South Gate, Inc. (“San Martin”) on June 19, 2020. The Complaint asserts causes of action for (1) age discrimination, (2) FEHA retaliation, (3) violation of Labor Code sections 510, 1194, and 1198 (unpaid overtime) (4) violation of Labor Code section 2802 (reimbursements), (5) violation of Labor Code section 226.7 and 512 (meal and...

Excerpt: ...9 against Defendants Miguel Ruiz aka Miguel A. Ruiz (“Ruiz”) and Esmeralda Trans Inc. (“ETI”) (jointly, “Defendants”). The Complaint asserts causes of action for open book account and account stated. This is a credit card collections case, for an American Express credit card account issued to Defendants. Plaintiff now moves for summary judgment or summary adjudication on all causes of action. The motion is unopposed. Legal Standard �...

Excerpt: ...(a)(1) AND RELATED CROSS-ACTION Background On November 30, 2018, Plaintiffs Rancho Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”) for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contr...

Excerpt: ...led 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, fraud, wrongful term...

Excerpt: ...lectively, “Defendants”) move for reconsideration of a portion of the Court's September 24, 2020 order granting Defendants' motion to stay the action pending certain appeals (the “Stay Order”). In the Stay Order, the Court granted the requested stay subject to the posting of an undertaking by Defendants in the amount of $120,276.76 within 20 days of the date of the order. Defendants seek to modify the Stay Order by removing the undertakin...

Excerpt: ..., 2019, Plaintiffs Robert Yu and Minghui Huang (jointly, “Plaintiffs”) filed this action against, among others, Henry Suarez (“Suarez”). The operative First Amended Complaint (“FAC”) was filed on June 17, 2020 and asserts causes of action for (1) breach of written contract for sale of real property, (2) violation of Civil Code sections 1102 et seq., (3) violation of Civil Code sections 2079 et seq., (4) negligence, (5) fraudulent conc...

Excerpt: ...lectively, “Plaintiffs”) filed this employment action against, among others, Defendants Dexie Hong (“Hong”) and Suk Ie Kil (“Kil”) on November 22, 2019. The operative First Amended Complaint (“FAC”) was filed on January 17, 2020 and asserts causes of action for (1) discrimination in violation of Government Code § 12940, (2) retaliation in violation of Government Code § 12940, (3) failure to prevent discrimination and retaliation...

Excerpt: ...STAY PROCEEDINGS AND JOINDER IN DEFENDANT KDG'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Background Plaintiff Dhananjay Kulkarni (“Plaintiff”) filed this employment action on June 11, 2020 against Defendants Kennard Development Group, dba KDG Construction Consulting (“KDG”) and Parsons Corporation (“Parsons”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020, and asserts causes of action for (1) ...