Excerpt: ... AMENDED CROSS- COMPLAINT; PLAINTIFF AND CROSS-DEFENDANT JASON POST'S DEMURRER TO FIRST AMENDED CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On February 14, 2017, Plaintiff Jason Post (“Post”) filed this action against Defendants Melissa Schwartz (“Schwartz”) and Destination Happiness, LLC (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on September 3, 2019 and alleges causes of action for (...

Excerpt: ...”) (jointly, “Plaintiffs”) 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. In the TAC, Plai...

Excerpt: ...nna Welch, and Daijon 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”). Ward was personally served with the summons and Complaint on December 23, 2019. On January 27, 2020, default was entered as to Ward. Ward now moves for an order setting aside the default and for an ...

Excerpt: ...ved as Counsel Jarrod Y. Nakano of McFarlin LLP (“Counsel”) moves to be relieved as counsel for Plaintiff Patricia Coleman. The Court finds a number of defects. Both the declaration in support of the motion (MC-052) and the proposed order (MC-053) are incomplete. The declaration is missing information in Items 1, 4, and 5. The proposed order is missing information in Items 7 and 8. There is also no proof of service showing that the motion and...

Excerpt: ...vs. Case No.: 19STCP05097 Hearing Date: June 22, 2020 Time: 2:00 p.m. JOHN DAVID CORBIN , et al., Defendants. [Tentative] Order RE: MOTION FOR AN ORDER DISQUALIFYING HOOPER, LUNDY & BOOKMAN, P.C. AND FITZGERALD YAP KREDITOR LLP AND DISGORGEMENT OF LEGAL FEES AND RELATED CROSS-ACTION Background On November 21, 2019, Petitioner John David Corbin (“Corbin”) filed this Petition for Court Supervision of Voluntary Winding Up Proceeding (“Petition...

Excerpt: ...AMENDED COMPLAINT Background This is a Lemon Law action. Defendant Kia Motors America, Inc. (“Kia”) brings this demurrer to the fifth (breach of the implied warranty of merchantability) and sixth (fraud by omission) causes of action of the First Amended Complaint (“FAC”) of Plaintiff Melinda Leblanc (“Leblanc”). Kia also moves to strike allegations relating to punitive damages. Leblanc opposes. Discussion A. Demurrer A demurrer can be...

Excerpt: ... Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this instant action against defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (collectively, “Defendants”) alleging Defendants made false representations regarding investment opportunities. Plaintiffs now move for an order imposing sanctions pursuant to Code of Civil Procedure...

Excerpt: ...�� DEFENDANTS FRASER ROSS, A‐LIST, INC. AND H‐ LIST, INC. AND THIRD PARTY DEFENDANT CHRISTOPHER LEE FOR SUMMARY ADJUDICATION AND RELATED CROSS‐ACTIONS Background This action was filed on August 9, 2016 by Plaintiff Fraser Ross (“Ross”) against Christopher Lee (“Lee”). Defendants Spencer Spirit Holdings Inc. (“Spencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings...

Excerpt: ...America (“HMA”). The Complaint asserts causes of action for violation of the Song-Beverly Act – breach of express warranty, violation of the Song- Beverly Act – breach of implied warranty, and violation of the Song-Beverly Act section 1793.2, arising from the purchase of a new 2013 Hyundai Tucson (the “Subject Vehicle”). HMA now move for summary adjudication as to the second cause of action for breach of implied warranty. Padilla oppo...

Excerpt: ...is (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”), filed on May 9, 2019, asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil ...

Excerpt: ..., Whizbang Productions, LLC, Good Entertainment Foundation, Teenasaurus Rox, Inc., and ES and G Entertainment, Inc. (collectively, “Defendants”) special motion to strike the Complaint of Plaintiffs Victor Borachuk and JupiterReturn, LLC (jointly, “Plaintiffs”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the total amount of $21,450.50. Plaintiffs oppose. Evidentia...

Excerpt: ...he Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduciary duty, fraud (misrepresentation), fraud (co...

Excerpt: ...nt action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA, stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On December 20, 2018, Quon filed a Cross‐Complaint against Lopez and UPS for breach of contract and for wrongful discharge in violation of public policy. On June 17, 2019, Quon file...

Excerpt: ...EIN, AND LAUREN MORRISON DICKSON'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Background Plaintiff Dane C. Rinehart (“Rinehart”) filed this legal malpractice action on March 8, 2019. The operative First Amended Complaint (“FAC”) was filed on June 26, 2019, 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 fr...

Excerpt: ...iv”), Dongkoo Jeon (“Jeon”), DNS Trading, Inc. (“DNS”), London Eye, Inc. (“London Eye”), and Steve Jun (“Jun”). The Complaint asserts causes of action for (1) breach of contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, (7) promise without intent to perform, (8) intentional misrepresentation, and (9) negligent misrepresentation. Jun now moves for judgment on the ...

Excerpt: ...nst Defendant FCA US LLC. (“Defendant”). On or about June 24, 2019, the case settled for $45,000. (Romano Decl., ¶ 5, Ex. 1.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Discussion Civil Code section 1794, subdivision (d) provides: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs...

Excerpt: ...603 Cimarron Street, Los Angeles, California 90047 (the “Property”). The Complaint asserts causes of action for (1) lack of title and standing, (2) negligent misrepresentation, (3) promissory estoppel, (4) breach of implied duty of good faith and fair dealing, (5) violation of Civil Code §§ 2924.17 and 2923.55, (6) violation of Homeowner's Bill of Rights, (7) violation of B&P Code § 17200, (8) cancellation of instruments, (9) wrongful fore...

Excerpt: ...s filed on July 26, 2018. The operative Second Amended Complaint (“SAC”) was filed on November 19, 2019. Plaintiff Mouris Ahdout (“Plaintiff”) asserts causes of action for fraudulent conveyance, creditor's suit under C.C.P. § 708.210, et seq., and avoidance of fraudulent transfers of real property against various defendants. Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest...

Excerpt: ...AINTIFF'S FIRST AMENDED COMPLAINT Background Defendant Volkswagen Group of America, Inc. (“VW”) brings this demurrer to the First Amended Complaint of Plaintiff Thuy Chung (“Chung”). The operative First Amended Complaint (“FAC”) asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement. VW now demurs to the fraudulent inducement causes of action (concealment, intentional misrepresentation, and negligent...

Excerpt: ...tal amount of $575,925.75, which includes $508,600 in special damages, $16,800 in general damages, $50,000 in attorney fees, and $525.75 in costs. “A complaint . . . shall contain . . . the following: . . . . (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.” ((Code Civ. Proc., § 425.10, subd. (a).) Code of Civil Procedure...

Excerpt: ...s 1565 Haslam, LLC (“Haslam”), Lee Wong (“Wong”), Alex Cardenas aka Alejandro Cardenas (“Cardenas”), Ruben Trejo (“Trejo”), and LW Asset Management, LLC (“LW Asset”). This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiff alleges that it purchased the Property following a foreclosure sale and that Defendants continued to occupy the Property af...

Excerpt: ...C dba Petite Taqueria (“Defendant”). The Complaint asserts causes of action for failure to pay and provide minimum wages, overtime, double time, rest periods, meal periods, and itemized wage statements. The Complaint also asserts a cause of action for violation of Business and Professions Code section 17200. Defendant now moves to compel arbitration of all of Plaintiff's claims and to stay this action pending completion of arbitration, pursua...

Excerpt: ...T AMENDED COMPLAINT Background On April 29, 2019, Plaintiff California Expanded Metal Products Company (“Plaintiff”) brought this action against Defendants Crystal IBC, LLC, Frank Crystal & Company, Inc., Alliant Insurance Services, Inc. (“Alliant”), and Kyle Shallahamer (“Shallahamer”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 7, 2019 and asserts causes of action for bre...

Excerpt: ...rin Lewis (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51....

Excerpt: ...Y ADJUDICATION Background Plaintiff Raven Starre (“Starre”) filed this action on December 15, 2017. The operative Second Amended Complaint (“SAC”) was filed on March 1, 2019 against various defendants. The SAC asserts causes of action for (1) libel per se, (2) cyber stalking – violation of Civil Code § 1708.7, (3) intentional infliction of emotional distress, (4) conspiracy to commit libel per se, (5) aiding and abetting libel per se, ...