Excerpt: ...hah Shouhed and Century Enterprises, Inc. dba Beverly Hills Auto Body and Paint (jointly, “Defendants”). Per the proof of service filed on February 28, 2019, Defendants were personally served with the summons and Complaint on February 22, 2019. On March 29, 2019, Tsylina filed requests for entry of default against Defendants. (Cung Decl., ¶¶ 4-6, Exs. A, B.) On the same day, Defendants filed their Answer to Plaintiff's Complaint, which cons...

Excerpt: .... The Complaint alleges causes of action for negligence, deceit under Civil Code sections 1709 and 1710, fraud, elder and dependent adult abuse, violation of the Real Estate Settlement Procedures Act, intentional or reckless infliction of emotional distress, unfair business practice underBusiness and Professions Code section 17200, unfair business practices under Civil Code section 1770, cancellation/rescission of documents, quiet title, and decl...

Excerpt: ... “Plaintiffs”) commenced this action against, inter alia, Defendants Title 365 and Stewart Title of California, Inc. (jointly, the “Title Defendants”). The operative Second Amended Complaint, filed May 21, 2019, alleges causes of action for negligence and breach of fiduciary duties (“SAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that prior to the close of es...

Excerpt: ... Raymond and Barbara Shofler Family Trust and The 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 fiduc...

Excerpt: ...tion HP, Inc. (“Kaiser”), Gayle Chambers, and Lisa Pitcher. Taylor was diagnosed with breast cancer in January of 2019 and is currently undergoing chemotherapy. (Taylor Decl., ¶¶ 2, 5.) The chemotherapy has resulted in nausea, weakness, extreme fatigue, and “chemo brain,” impairing Taylor's ability to concentrate, focus, and think clearly. (Taylor Decl., ¶¶ 5-7.) Taylor has been advised by her physician that she will require nine mont...

Excerpt: ...); Defendants Julias Stewart (“Stewart”) and Stewart-Reed Law Group Inc. (“Stewart Defendants”) RESPONDING PARTY: Plaintiff Xue Leng-Gard The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions taken in connection with payment of insurance benefits from her late husband's annuity. Plaintiff filed a complaint against Defendants alleging causes of action for: (...

Excerpt: ...n the total amount of $66,375.31 pursuant to Civil Code section 1717 and Code of Civil Procedure sections 1032 and 1033.5. Plaintiffs and Cross- Defendants Jasbir Singh, Jaswinder Kaur, Bola Properties, LLC, Jasmine Enterprises, Inc., and India's Grill, Inc. (collectively, “Plaintiffs”) oppose. On July 24, 2019, the Court issued an order on Molnar's motion for attorney's fees indicating that the Court needed additional information from Plaint...

Excerpt: ...f filed amendments naming James Larson and Michael Larson in place of doe defendants. The operative First Amended Complaint (“FAC”) was filed on May 20, 2019, and it asserts causes of action for breach of the implied warranty of habitability, general negligence, nuisance, breach of contract, and invasion of privacy. Defendants Laura Larson, James Larson, and Michael Larson (collectively, “Defendants”) now move to strike the punitive damag...

Excerpt: ...rer to the First Amended Complaint (“FAC”) of Plaintiff Sara Flynn (“Flynn”). The FAC asserts causes of action for violations of the Song-Beverly Act and fraudulent by omission. GM demurs to the fraud by omission cause of action. GM also moves to strike allegations of punitive damages from the FAC. Flynn opposes. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matter...

Excerpt: ...ndividually and on behalf of The Raymond and Barbara Shofler Family Trust and The 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 caus...

Excerpt: ...ffs”) filed this action on April 8, 2016 against various defendants stemming from injuries sustained by Hernandez when he was painting a wall on the side of a loading dock area at a Food 4 Less Store as part of a remodeling project. At the time, Hernandez was employed by Doo-Rite Painting, Inc. (“Doo-Rite”), which was subcontracted by FP Contracting, Inc. (“FP”) to provide painting services at the store. On November 8, 2017, Defendant A...

Excerpt: ...on February 21, 2018 against, inter alia, The B'Laster Corporation (“B'laster”), alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. All causes of action except for intentional/fraudulent concealment are alleged against B'laster. The gravamen of the operative First Amended Complaint (“FAC”) concerns personal injuries sustained by Plaintiff Allen G. Shaw (�...

Excerpt: ... 17, 2018, against Defendants Green Lion Trading, Inc., GLT Logistics, Inc. (“GLT”), and Oleksandr Nazarchuk (“Nazarchuk”) (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code, including for failure to pay wages due, failure to pay overtime premium, failure to pay meal and rest break premium, failure to provide wage statements, and waiting time penalties. The Complaint alleges the follo...

Excerpt: ...erica, Inc. (“NNA”) brings this demurrer to the Complaint of Plaintiff Efrain C. Ramirez (“Ramirez”). The Complaint asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement-concealment. NNA demurs to the fraudulent inducement-concealment cause of action. NNA also moves to strike allegations of punitive damages from the FAC. Ramirez opposes. Discussion A demurrer can be used only to challenge defects that a...

Excerpt: ...o & Company, Inc. dba D'Addario Musical Instrument Company, Rico Corporation dba D'Addario Woodwinds, Rico Holdings, LLC, Evans Manufacturing, LLC, G4 2010, LLC dba Pro-Mark Percussion, LLC and G4 Music Ltd (collectively, “Defendants”). The Complaint alleges violations of the Labor Code, including failure to provide meal periods, failure to provide rest periods, failure to pay minimum wage and overtime, failure to make payment within the requ...

Excerpt: ...tion on July 1, 2016 against Defendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar individually and as Trustee (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused...

Excerpt: ...eeds Intervivos Trust Dated 11/30/90 and Dina Hirsch-Leeds, Trustee of the Dina Hirsch-Leeds Trust (jointly, “Defendants”). On May 11, 2018, Vaswani filed a First Amended Complaint (“FAC”) alleging one cause of action for breach of contract. The contract allegedly breached by Defendant is a commercial lease agreement entered into in 1999 (the “Lease Agreement”). Although the FAC indicates that a copy of the Lease Agreement is attached...

Excerpt: ... Medical Center, Inc. (“American Cardiocare”) (jointly, “Plaintiffs”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On September 2, 2015, the Court issued an order striking t...

Excerpt: ...filing a complaint against various defendants, asserting causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, and products liability. The operative Second Amended Complaint was filed on March 12, 2019. Trial in this action is scheduled for July 31, 2019. The gravamen of the claims concerns personal injuries sustained by Stone as a result of the use of a medical electrical stimulation device, the Hako M...

Excerpt: ... August 17, 2017 against, inter alia, defendant Ukjae Jung DDS, Inc. (“Jung DDS”). A first amended complaint was filed on November 22, 2017 (the “FAC”). The FAC asserts a number of causes of action relating to wage and hour violations and violations of the FEHA. Plaintiffs and Jung DDS have agreed to a mutual release of all claims in exchange for a waiver of costs and attorney's fees. (McNamara Decl., ¶ 2.) The settlement also provides t...

Excerpt: ... 2019 to October 31, 2019. Plaintiff Cruz Perez (“Perez”) opposes. This action was filed on February 22, 2018. The original trial date of April 10, 2019 was continued by the parties' stipulation to June 19, 2019, and then continued again on the Court's own motion to July 17, 2019. (Osias Decl., ¶ 5.) Defendants' counsel filed a substitution of attorney on June 4, 2019. Defendants' previous counsel withdrew from this case on February 13, 2019...

Excerpt: ...pencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings, LLC (“HGI”) (collectively, “Lender Defendants”) move for summary judgment, or in the alternative, summary adjudication of the operative Third Amended Complaint (“TAC”) of Plaintiffs Fraser Ross (“Ross”), A-List, Inc. (“A-List”), and H-List, Inc. (“H-List”) (collectively, “Plaintiffs”). The TAC was...

Excerpt: ...ses of action for disability discrimination, retaliation, failure to accommodate, failure to engage in the good faith interactive process, harassment, failure to prevent discrimination and harassment, wrongful termination, intentional infliction of emotional distress, and failure to produce personnel file. RLCS now moves to compel arbitration of all of Flores's claims and to stay this action pending completion of arbitration, pursuant to a bindin...

Excerpt: ...��Terner's”) and Fred Lalezari (“Lalezari”) (jointly, “Respondents”) to arbitrate a contractual dispute. Respondents oppose. Evidentiary Objections The Court notes that Respondents filed evidentiary objections to the purported declaration of Michael Zargar. However, no declaration was attached to the amended petition to compel arbitration. Legal Standard In a motion to compel arbitration, the moving party must prove by a preponderance o...

Excerpt: ...), Ramesh Perera (“Ramesh”), and Ram Sales, Inc. (“Ram Sales”) (collectively “Plaintiffs”) filed this action against Defendants Lincoln Benefit Life Company, James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Integrity Business Solutions Provider, LLC, Allied Marketing Partners, Inc., Alan Harrington, Jason Ziccarelli, and Global Financial Distributors, Inc. (collectively, “Defendants”). The operative Second Amended C...