Excerpt: ...d On July 31, 2019, Plaintiff Renia Harbin (“Harbin”) filed this action arising out of the pending foreclosure proceedings related to her home located at 10603 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 Co...

Excerpt: ...rbert (jointly, “Plaintiffs”) is continued to ______________, at 8:30 a.m., in Department 50. On January 22, 2020, the Court ordered Plaintiffs and Defendant FCA US LLC (“Defendant”) to provide courtesy copies of their papers in support and in opposition to the motion for attorney fees. Although the Court has since received Defendant's courtesy copies, Plaintiff's courtesy copies are still missing, including courtesy copies of the Declara...

Excerpt: ...against Defendant Kia Motors America, Inc. (“Defendant”). On or about August 9, 2019, the case settled for $13,233.53. (Kohen Decl., ¶¶ 3, 10.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Evidentiary Objections The Court rules on Defendant's evidentiary objections as follows: Objection 1: overruled as to paragraphs 10 and 11; sustained as to paragraphs 5, 6, 7, 8 and 9 Objection 2: sustained Objection 3: ...

Excerpt: ...) filed this action on March 29, 2018 against Defendants Conduent Payment Integrity Solutions, Inc. (“Conduent”) and Zina Khoshaba (“Khoshaba”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the California Confidentiality of Medical Information Act (Civil Code section 56, et seq.), negligence, tortious interference with attorney-client relationship, and intentional infliction of emotional distress. D...

Excerpt: ...TERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO C.C.P. SECTION 877.6(a) AND RELATED CROSS-ACTIONS Background Plaintiff Jesus Marquez (“Marquez”) filed this wage and hour action on July 18, 2017 against Defendants LGI Association, Inc. (“LGI”) and John C. Chiu (“Chiu”). The operative Second Amended Complaint (“SAC”) was filed on April 20, 2018, and adds Saeid Karandish (“Karandish”), and Sharona Youabian (“Youabian”) as de...

Excerpt: ...s filed on July 30, 2019. Default on the First Amended Complaint against York was entered on September 20, 2019. York now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b). Cook opposes. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissa...

Excerpt: ...state”) (jointly, “Plaintiffs”) filed this action on November 13, 2017 against Defendants David R. Haberbush (“Haberbush”) and Haberbush & Associates, LLP (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on July 2, 2018. Plaintiffs assert causes of action for legal malpractice, breach of fiduciary duty, and unfair competition. Defendants now move for summary judgment or, in the alternative, summar...

Excerpt: ... causes of action against 20 defendants. Plaintiffs are homeowners over 65 who allege that they were victims of the “HERO Program,” a form of public-private financing for clean energy home improvements paid through the homeowner's property taxes. Plaintiffs allege that while they were promised that the program would allow them to save money on energy costs, after they entered the program, their energy costs remained the same but their propert...

Excerpt: ... ANDREW SCOTT Background This case was filed on February 13, 2015 by Plaintiff Intelligent SCM, LLC (“ISCM”) against its former counsel, Russell W. Roten and the law firm Duane Morris (jointly the “Firm Defendants”), and one of ISCM's members, Andrew Scott (“Scott”). The gravamen of the lawsuit is ISCM's allegation that Scott was committing financial improprieties against the company and that the Firm Defendants favored Scott over ISC...

Excerpt: ...dant Palace Transport Company, Inc. (“Defendant”). Default was entered against Defendant on October 21, 2019, and default judgment against Defendant was entered on December 13, 2019. Defendant now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b). Plaintiff opposes. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “The court may, upon any terms as may b...

Excerpt: ...AINT AND RELATED CROSS-ACTION Background Plaintiff James Gibb (“Gibb”) filed this action on September 7, 2018 against Defendants Marada Enterprises, LLC dba Marada Pictures (“Marada”) and Sarah Lazow. The Complaint asserts causes of action for breach of contract and intentional interference with contractual relations. Marada filed a Cross-Complaint against Gibb on October 9, 2019, asserting causes of action for (1) breach of contract, (2)...

Excerpt: ... LLC (collectively, “Plaintiffs”) filed this action against, inter alia, Defendants James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Tycon Properties, Inc., and Tyler Banta (collectively, the “Conaway Defendants”). The operative First Amended Complaint was filed on December 5, 2017. Plaintiffs allege that Defendants advised on, marketed, and sold certain investment properties in St. Louis, Missouri to Plaintiffs, claiming t...

Excerpt: ...N 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, LLC (“HGI”) (collectively, the “Lenders”) were later added as defendants, and A-List, Inc. (“A-List”) and H-List, I...

Excerpt: ... “Plaintiffs”) filed this action on May 7, 2018 against Defendant Dean C. Logan (“Defendant”) in his official capacity as Registrar-Recorder/County Clerk of the County of Los Angeles (the “RR/CC”). The Complaint asserts two causes of action, the first for state law preemption under article XI, section 7 of the California Constitution, and the second for equal protection under the Fourteenth Amendment of the United States Constitution....

Excerpt: ...rew Kim (“Kim”). The operative First Amended Complaint (“FAC”) was filed on September 12, 2019, and alleges causes of action for (1) failure to honor assignment, and (2) tortious acts to hinder, deter and defraud judgment creditor (including causing a failure to honor assignment). Park and Emajee (jointly, “Defendants”) now demur to both causes of action on the basis that each fails to state facts sufficient to constitute a cause of a...

Excerpt: ...ardian ad litem, Wadenya Amenya (jointly, “Plaintiffs”) filed the instant action on September 19, 2017 against Defendants Angelus Funeral Home (“Angelus”), Todd Davenport, Blance McConnell, and Edwin E. Nelson. The Complaint asserts causes of action for breach of contract, negligence, breach of the covenant of good faith and fair dealing, negligent infliction of emotional distress, negligence per se, intentional misrepresentation, and neg...

Excerpt: ... the Second Amended Complaint (“SAC”) of Plaintiff Stacey Terterian (“Terterian”). The SAC was filed on September 9, 2019 and asserts one cause of action for violation of Labor Code section 2699, et seq. (the “PAGA”). The Court sustained Defendant's demurrer to the First Amended Complaint (which also contained one cause of action for violation of the PAGA) on the ground that Terterian's lawsuit was barred by res judicata because Terte...

Excerpt: ...OMPLAINT AND RELATED CROSS-ACTION Background On February 14, 2017, Plaintiff Jason Post (“Post”) filed this action against Defendants Melissa Schwartz and Destination Happiness, LLC (jointly, “Schwartz”). The Complaint alleges causes of action for breach of oral contract, breach of fiduciary duty, fraud and deceit, and unfair business practices. Post alleges that he entered into an agreement with Schwartz wherein Schwartz would represent ...

Excerpt: ...y Construction Company (“Morley”), Benchmark Contractors, Inc. (“Benchmark”), Helix Electric, Inc. (“Helix”), and Blvd 6200 Owner South, LLC (“Blvd 6200”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2018, and asserts causes of action for (1) negligence, (2) negligence per se, and (3) premises liability stemming from injuries sustained by Cutts while working on a constr...

Excerpt: ...M. Gorlick (“Gorlick”) and Susan W. Hansen (“Hansen”) (jointly, “Plaintiffs”) filed this action against Defendants Scott William Smith (“Smith”) and Jessica B. Smith (jointly, “Defendants”) for quiet title to easement, for temporary restraining order and preliminary and permanent injunctions, nuisance, assault, intentional infliction of emotional distress, elder abuse, and property damage. This action arises from a dispute bet...

Excerpt: ...l Spine Care and Orthopedic Regenerative Experts (“Plaintiff” or “ISCORE”) filed this action against Defendants Metis Law Group, LLP (“Metis”), Arpa Avanessian (“Avanessian”), and Zhana Aivazi (“Aivazi”) (collectively, “Defendants”). Plaintiff alleges that Avanessian was injured in an automobile accident on June 15, 2016. (Compl., ¶ 6.) Avanessian sought treatment from Plaintiff, who agreed to treat Avanessian on a medica...

Excerpt: ...th Defendant Farmers Insurance Exchange (“FIE”). The operative First Amended Complaint (“FAC”) asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent in violation of FEHA, and discrimination against public policy. FIE now moves for summary judgment, or in the alternative, summary adjudication of each of Whitmer's causes of action. Whitmer opposes. The Court notes that after F...

Excerpt: ...County of Los Angeles (the “County”) and various sheriff's deputies of the Los Angeles County Sheriff's Department (the “Sheriff's Department”). The operative Second Amended Complaint was filed on December 17, 2018, and asserts causes of action for negligence (wrongful death), violation of Civil Rights under the Bane Act, negligent hiring, training, and supervision, and battery. This lawsuit arises out of the shooting death of Zelalem Ewn...

Excerpt: ...ss (“Ross”), A-List, Inc. (“A-List”), and H- List, Inc. (“H-List”) (A-List and H-List to be jointly referred to as “Kitson” and Ross and Kitson to be collectively referred to as “Plaintiffs”) move pursuant to Code of Civil Procedure section 128, subdivision (a)(3) for an order staying all proceedings and for an order entering final judgment dismissing all claims as to Defendant Spencer Spirit Holdings Inc. (“Spencer”) so t...

Excerpt: ...��Icon West”), Gold Coast Transit District, and R S Bonding & Insurance Agency, Inc., alleging, among other things, breach of contract. Plaintiff alleges that it is owed payment under a subcontract agreement for work performed on a project known as the Gold Coast Transit District New Administration and Operations Facility (the “Project”). (Compl., ¶¶ 12-14.) On September 23, 2019, Plaintiff filed an amendment to the Complaint adding Hartf...