Excerpt: ...her the complaint alleges a cognizable wrong or whether the plaintiff can prove damages.” The Miller court noted that “‘[n]ot all attorney conduct in connection with litigation, or in the course of representing clients, is protected by section 425.16' [Citation].” (Id. at 257.) In the Miller case, the court did not afford anti-SLAPP protection where there were “communications between the parties' respective counsel” in a Cumis context...

Excerpt: ... IN T NECESSITY TO THE CERTIFIED A D BEVERLY HILLS UNIFIED SCHOO L AUGMENT ADMINISTRATIVE RE C Background This is an eminent domain action. Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) seeks to acquire subsurface tunnel easements for the purpose of the construction of an extension of the Purple Line subway. Prior to the filing of this action, the Board of the LACMTA adopted the required resolutions of necessit...

Excerpt: ...nd Brick Resurrection on Cherokee. Frame alleges that Robbins is in the business of managing and leasing apartment units, and that Frame was hired by Robbins to be Vice President of Operations. (Compl., ¶ 10.) As part of her compensation, Frame was provided a rental unit to live in. (Compl., ¶ 10.) Frame was employed from on or about November 20, 2016 to February 12, 2018. (Compl., ¶ 10.) Frame asserts various causes of action for violation of...

Excerpt: ...ivil Code section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Maserati North America, Inc. (“Maserati”) opposes.[1] Following a bench trial, judgment was entered on August 30, 2018 in the total amount of $97,696.96 ($28,632.32 for Madadian's lease payments; a civil penalty of $57,264.64; $800 for Madadian's registration costs; $3,000 for insurance payments during the lease; $8,000 to acquire title to the subject v...

Excerpt: ...nd maintain a website where they publish defamatory statements and comments about Starre and her minor son. Starre now moves for leave to file a Second Amended Complaint to include allegations of additional postings on the website since this action was filed. Starre asserts that defendants have posted 19 new false, defamatory, harassing and threatening posts about Starre, and that these new posts make up the basis for a new cause of action for vi...

Excerpt: ...against, inter alia, Defendants Title 365 and Stewart Title Company (jointly, the “Title Defendants”). The operative Verified First Amended Complaint alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). Plaintiffs allege only the negligence cause of action against the Title Defendants. In particular, Plaintiffs allege that during the subject real proper...

Excerpt: ... February 13, 2018, asserts causes of action for breach of contract, breach of the covenant of good faith and fair dealing, intentional interference with prospective economic advantage, and declaratory relief against Defendant Aida Selvian (“Selvian”) and nominal defendant Vagik Yegikian. Yegikian alleges that on or about February 25, 2004, he entered into a written lease with Selvian for the use of three automotive service bays on the premis...

Excerpt: ... (“Selvian”). Plaintiff alleges that Selvian owns a car wash business located at 3979 N. Mission Road, Los Angeles, California 90031 (the “Car Wash”). (Compl., ¶¶ 2 & 7.) On April 4, 2017, Plaintiff went to the Car Wash and discovered no parking spaces reserved for persons with disabilities. (Compl., ¶ 10.) Plaintiff has physical disabilities and uses a wheelchair for mobility. (Compl., ¶ 1.) Plaintiff asserts causes of action for vio...

Excerpt: ...efendants Pacificland International Development, Inc. (“PID”), Chun Nan Lo (“Lo”), and Henry G. Chow, Esq. (“Chow”). Ju asserts causes of action for breach of written contract, breach of fiduciary duty, constructive fraud, and fraud in the inducement. The action arises from certain agreements between Ju and PID wherein Ju would invest $580,000 in PID so that Ju could obtain an immigrant investor visa (the “EB-5”). Ju alleges that ...

Excerpt: ...omplaint for Injunctive and Other Equitable Relief and Civil Penalties for: 1) Los Angeles Municipal Code Section 11.00; 2) Public Nuisance in Violation ofCivil Code Section 3479 et seq.; 3) Unfair Competition Law (Business and Professions Code Section 17200 et seq.); and 4) False Advertising Practices (Business and Professions Code Section 17500 et seq.) (the “Complaint”) against Defendants Venice Suites, LLC (“Venice Suites”) and Carl L...

Excerpt: ...e California Department of Transportation (jointly, “Caltrans”) move for summary judgment, or in the alternative, summary adjudication of each cause of action of the Complaint by Plaintiff Ahoura Vahedi (“Vahedi”). The Court will continue the hearing on the motion so that the parties can address a number of issues. First, the Court notes that in Caltrans's separate statement of undisputed material facts (“UMF”), many of Caltrans's num...

Excerpt: ...iled on July 23, 2018 against Defendants Griffin- Westminster Properties I, LLC (“G-W”), Griffin Residential, LLC (“Residential”), Ian R. Griffin (“Griffin”), David Preston Allen (“Allen”), Alelhi G. Nichelson (“Nichelson”), John Gerber (“Gerber”), and Matthew Tyler Sanford (“Sanford”) (collectively, “Defendants”). The FAC asserts causes of action for (1) breach of contract, (2) contractual breach of the covenant o...

Excerpt: ...s Insurance Exchange (“Farmers”). Ambrosio's operative First Amended Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent [discrimination] in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Special Investigations Unit Zone Manager. Ambrosio now moves for leave to file a Second Amended Complaint. Defendants Farmers ...

Excerpt: ...nts Compass Group USA, Inc., Compass One, LLC, Eurest Services, Inc., and Ronald E. Lee (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code for failure to pay all minimum and overtime wages, failure to provide required meal periods, failure to authorize and permit rest periods, failure to reimburse, failure to pay wages when due, and failure to keep accurate records as well as causes of action...

Excerpt: ...ainst 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 (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained ho...

Excerpt: ...rick Resurrection on Cherokee. Frame alleges that Robbins is in the business of managing and leasing apartment units, and that Frame was hired by Robbins to be Vice President of Operations. (Compl., ¶ 10.) As part of her compensation, Frame was provided a rental unit to live in. (Compl., ¶ 10.) Frame was employed from on or about November 20, 2016 to February 12, 2018. (Compl., ¶ 10.) Frame asserts various causes of action for violation of the...

Excerpt: ...ndants Centinela Skilled Nursing & Wellness Centre West, LLC and Centinela Skilled Nursing & Wellness Centre East, LLC (jointly, “Defendants”). Plaintiff asserts violations of the Fair Employment and Housing Act, in particular, discrimination, failure to engage in the interactive process, failure to accommodate, retaliation, and wrongful termination in violation of public policy. Defendants now move for an order compelling arbitration pursuan...

Excerpt: ...ts while he was performing work on a construction project. The operative First Amended Complaint (“FAC”) was filed on August 7, 2018, after the Court sustained in part the defendants' demurrer to the Complaint. The FAC asserts causes of action for negligence, negligence per se, and premises liability against Defendants BLVD 6200 Owner South, LLC (“BLVD 6200”) Benchmark Contractors, Inc. (“BCI”), Morley Construction Company (“Morley�...

Excerpt: ...he afternoons of June 27-29, July 2-3, 5, 10-12, 20, 26-27, 2018, in Department 50 of the above-entitled Court before the Hon. Teresa A. Beaudet, sitting without a jury. The Court, having considered the evidence and reviewed closing and rebuttal briefs of the parties, issues this [Tentative and Proposed] Statement of Decision by the Court after Trial of the Bifurcated Phase Two – Attorney Fees Only (the “Statement of Decision”). This Statem...

Excerpt: ...t Central, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (the “Board”) (jointly, “Defendants”). The gravamen of the Complaint concerns certain agreements entered into between MDR and the County regarding the lease, development, and operation of a boat storage facility on County land in Mari...

Excerpt: ... Sales”) (collectively “Plaintiffs”) filed this action against, inter alia, Defendants Global Financial Distributors, Inc. (“Global”) and Alan Harrington (“Harrington”) (jointly, “Global Defendants”). In the operative Second Amended Complaint (“SAC”), Plaintiffs allege that the Global Defendants, in conjunction with the other defendants, engaged in a deceptive and misleading marketing scheme to generate life insurance compan...

Excerpt: ... Complaint[1] of Plaintiff Yolanda Gonzales (“Gonzales”). The Complaint asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement-concealment. NNA demurs to the concealment cause of action. NNA also moves to strike allegations of punitive damages from the FAC. Gonzales opposes. Request for Judicial Notice The Court denies NNA's request for judicial notice in its entirety and sustains Gonzales's objections there...

Excerpt: ...CTIONS Background Defendant Chartwell Staffing Services, Inc. (“Chartwell”) moves to compel Plaintiff Brentwood Home, LLC (“Brentwood”) to provide further responses to Requests for Production of Documents, Set One (comprising nine requests) (the “Requests”). The Requests were served on June 4, 2018. (Soares Decl., ¶ 2, Ex. A.) Brentwood objected to all of the requests and provided no substantive responses. (Soares Decl., ¶ 3, Ex. B....

Excerpt: ...tant action on April 20, 2018 against Defendants County of Los Angeles (the “County”), Leana Anderson (“Anderson””), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on September 4, 2018, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the...

Excerpt: ...Management, Case No. BC704616 (the “Pascarella Matter”); Cordi v. Venture Property Management, Case No. BC709533 (the “Cordi Matter”); Hallowell v. Venture Property Management, Case No. 18STCV04993 (the “Hallowell Matter”). The instant matter, the Pascarella Matter, the Cordi Matter, and the Hallowell Matter have all been ordered related. Grossman's operative First Amended Complaint (“FAC”) was filed on June 1, 2018 and asserts va...