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Recent Rulings on Leases and Rental Agreements

151-175 of 10000 results

JACQULINE IOVINO, ET AL. VS VIRGILIA JOHNSON

procedural history Plaintiffs filed the Complaint on December 31, 2019, alleging nine causes of action: Tortious breach of warranty of habitability Breach of warranty of habitability (statute) Breach of warranty of habitability (contract) Breach of covenant of quiet enjoyment Unlawful collection of rent and excessive collection of rent Failure to pay relocation assistance Violation of LAMC 151.31 Wrongful eviction Unlawful business practices in violation of B&P Code § 1700 et seq.

  • Hearing

    Jan 04, 2021

  • Type

    Real Property

  • Sub Type

    other

IMPERIAL IRRIGATION DISTRICT VS THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, ET AL.

“Notice in this context can be constructive, it need not be actual.” (Bridges v. Mt. San Jacinto Community College Dist. (2017) 14 Cal.App.5th 104, 116.) “To have constructive notice, a person must have notice or knowledge of the circumstances, ‘which, upon reasonable inquiry, would lead to that particular fact.’ ” (612 South LLC v. Laconic Limited Partnership (2010) 184 Cal.App.4th 1270, 1278.) Defend Our Waterfront v. State Lands Com. (Defend Our Waterfront) (2015) 240 Cal.App.4th 570 is instructive.

  • Hearing

    Jan 04, 2021

  • Type

    Administrative

  • Sub Type

    Writ

ASTINE SULEIMANYAN VS UTLA DBA UNITED TEACHERS LOS ANGELES, A CALIFORNIA ORGANIZATION, ET AL.

Plaintiff additionally alleges that although she complained about this conduct, she was retaliated against for making these complaints, ultimately leading to her constructive discharge on November 12, 2019. On June 23, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”).

  • Hearing

    Jan 04, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

SANDY PEACOCK, ET AL. VS ARTURO SOLIS

procedural history Plaintiffs filed the Complaint on January 28, 2020, alleging six causes of action: Breach of statutory warranty of habitability Breach of implied warranty of habitability Breach of covenant of quiet enjoyment Constructive eviction Negligence Intentional infliction of emotional distress On August 7, 2020, Solis filed the present Motion to Strike Portions of the Complaint. No Opposition has been filed.

  • Hearing

    Jan 04, 2021

JANE MCCRAY AS TRUSTEE OF HER DECLARATION DATED MAY 29 1991 VS STERLING B LLC

There must be actual or constructive knowledge of the existence of the right to which the person is entitled. [Citation.] The burden is on the party claiming a waiver to prove it by evidence that does not leave the matter doubtful or uncertain and the burden must be satisfied by clear and convincing evidence that does not leave the matter to speculation." Kelly v. William Morrow & Co. (1986) 186 Cal.App.3d 1625, 1635; see also CACI 336. D.

  • Hearing

    Jan 04, 2021

  • Type

    Contract

  • Sub Type

    Breach

JANE NA DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, ET AL.

Seventh Cause of Action: Constructive Fraud as to LAUSD Civil¿Code section 1573 provides that¿constructive fraud¿is any breach of duty where a defendant, “without an actually fraudulent intent, gains an advantage to the person in fault, or any one¿claiming under him, by misleading another to his prejudice, or to the prejudice of any one¿claiming under him.”¿Constructive fraud¿is also any “act or omission as the law specially declares to be fraudulent.” (Cal.¿Civ.

  • Hearing

    Dec 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

The second ground for eviction is Plaintiff’s contention that Defendant changed the locks without providing a new key to Plaintiff. As Defendant does not attack or even mention this ground for eviction, the Court cannot grant the motion to strike this eviction justification. Similarly, to the extent that the motion seeks to strike the entire complaint, it fails to provide a basis for such broad relief because the motion leaves entirely unchallenged one of the asserted grounds for eviction.

  • Hearing

    Dec 30, 2020

JANE DOE L.P., ET AL. VS DOWNEY UNIFIED SCHOOL DISTRICT

Plaintiffs also allege that Defendant “conspired with, aided, abetted and/or incited” Student by allowing him access to vulnerable students despite having actual or constructive knowledge of his conduct, thereby ratifying or abetting the abuse. (Id. at ¶ 47.) None of this alleges facts showing a business, service, or professional relationship existed between Doe and Student where Student was uniquely situated to exercise coercion or leverage over Doe.

  • Hearing

    Dec 30, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

MICHAEL GUNNELL VS CITY OF BURBANK

Consequently, a public entity is only liable for a dangerous condition of property if it either creates the condition or has actual or constructive notice of the condition. (Gov Code §835(b).) A public entity had actual or constructive notice of a dangerous condition if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character. (Gov. Code § 835.2(a).)

  • Hearing

    Dec 29, 2020

IRENE BURTON VS CITY OF LA VERNE, ET AL.

condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: [¶] (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or [¶] (b) The public entity had actual or constructive

  • Hearing

    Dec 29, 2020

YEN SHIH VS HACIENDA

condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had actual or constructive

  • Hearing

    Dec 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RASOOL ESKANDARI VS PROPERTY SPECIALISTS GROUP, INC. A NEVADA CORPORATION DOING BUSINESS IN CALIFORNIA, ET AL.

., Sean Cohen, and Mehran Frozenfar, asserting causes of action for: 1) Breach of Contract; 2) Constructive Fraud; 3) Actual Fraud; 4) Conversion; 5) Unjust Enrichment; 6) Slander of Title; 7) Cancellation of Instruments; 8) Intentional Infliction of Emotional Distress; 9) Violation of Business & Professions Code §17200; 10) Quiet Title; and 11) Declaratory Relief. Defendant Allstate Realty Group Inc. now seeks leave to file a cross-complaint as and against Plaintiff.

  • Hearing

    Dec 28, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

WESTERN CAPITAL FINANCIAL SERVICES, LLC VS JOSHUA A. HAMRELL, ET AL.

On March 12, 2020, Plaintiff filed a complaint against Defendants Joshua Hamrell and Lira Funding Partners, LLC asserting causes of action for (1) Breach of Fiduciary Duty; (2) Waste of Corporate Assets; (3) Aiding and Abetting; (4) Conversion; (5) Interference with Prospective Economic Advantage; and (6) Constructive Fraud. [Tentative] Ruling Defendant Hamrell and Lira Funding Partners, LLC’s Motion to Compel Arbitration is GRANTED.

  • Hearing

    Dec 28, 2020

SUSAN GALE LINN VS TARGET ET AL

Because a property owner is not the insurer of the safety of its guests, the owner’s actual or constructive knowledge of the dangerous condition is key to establishing liability. (Hall v. Aurora Loan Servs., LLC (2013) 215 Cal.App.4th 1134, 1139; Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1206.) Defendant proffers the surveillance footage of Plaintiff’s fall. The surveillance footage shows that Plaintiff fell at 3:13 p.m. (Notice of Lodgment of Evidence, Exh. #8.)

  • Hearing

    Dec 28, 2020

ORLI SANTOS, AN INDIVIDUAL, ET AL. VS LA PROPERTIES HEFFESSE LLC, LIMITED LIABILITY COMPANY

BACKGROUND Plaintiffs’ complaint alleges the following causes of action: (1) breach of warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civ. Code § 1942.4; and (6) private nuisance.

  • Hearing

    Dec 24, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

2974 PROPERTIES, INC. VS DAVID DARWISH, ET AL.

Plaintiff contends “ ‘[w]here no duty is imposed by law to make inquiry, and where, under the circumstances, a prudent man would not be put on inquiry, the mere fact that means of knowledge are open and not availed of does not operate to give constructive notice of the facts.’ ” (Baker v. Beech Aircraft Corp. (1974) 39 Cal. App. 3d 315, 322.) Plaintiff cites Prudential Home Mortgage Co. v. Superior Court (1998) 66 Cal. App. 4th 1236 to support their contention.

  • Hearing

    Dec 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DRAKE KENNEDY, ET AL. VS BRIAN KENNEDY, ET AL.

On April 8, 2019, Brian filed a cross-complaint alleging ten causes of actions: (1) Breach of Fiduciary Duty; (2) Breach of Contract; (3) Declaratory Relief; (4) Removal of Drake Kennedy as Director; (5) Financial Elder Abuse; (6) Intentional Interference with Prospective Economic Advantage; (7) Negligent Interference with Economic Advantage; (8) Quantum Meruit; (9) Constructive Trust and (10) Declaratory Relief.

  • Hearing

    Dec 24, 2020

SHLOMY WEINGARTEN VS ODED ADLER

Issue No.6: Ninth Cause of Action Constructive trust and accounting are not independent causes of action but are merely types of remedies. (Batt v. City and County of San Francisco (2007) 155 Cal.App.4th 65, 82.) The opposition fails to address Defendant’s argument that the imposition of a constructive trust and an accounting is not an independent cause of action and the Court finds that Plaintiff has conceded to Defendant’s argument on this point under Moulton Niguel Water Dist. v.

  • Hearing

    Dec 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANNE KAROLINY SANTOS DOWNING, ET AL. VS THEO SWERISSEN, ET AL.

Plaintiffs’ Complaint alleges causes of action for (1) Violation of Unruh Civil Rights Act, (2) sexual harassment, (3)”gender violence/battery of Santos”, (4) sexual battery of Downing, (5) breach of fiduciary duty- constructive fraud, (6) [erroneously labeled seventh] tortious interference with contractual relations, (7) [erroneously labeled eighth] conversion, (8) [erroneously labeled ninth] intentional infliction of emotional distress, (9) [erroneously labeled tenth] negligent infliction of emotional distress

  • Hearing

    Dec 23, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

HORNSTEIN LAW OFFICES AND LEWIS FEINBERG LEE & JACKSON, PC

After two years of exemplary performance, the plaintiff was terminated and unable to find a job, The trial court sustained the defendant’s demurrer without leave to amend but the Court of Appeals found (and the Supreme Court affirmed) that the plaintiff sufficiently alleged a cause of action for fraud and that fraud recovery would only be precluded where the result of the employer’s misrepresentation was indistinguishable from an ordinary constructive wrongful termination (as to prevent duplicate recovery for both

  • Hearing

    Dec 23, 2020

FRANCISCO FLORES VS NEEMIA CURTEAN, ET AL.

Fourth Cause of Action: Wrongful Eviction “A ‘landlord is not liable for a breach of the implied covenant [of quiet enjoyment] or a constructive eviction when he wrongfully commences an eviction proceeding in good faith, even though the tenant vacates the premises in response to the wrongful notice to quit.’ ” (Nativi v. Deutsche Bank Nat’l Trust Co. (2014) 223 Cal.App.4th 261, 312, quoting 7 Miller & Starr, Cal. Real Estate (3d ed.) § 19:159, p. 504.)

  • Hearing

    Dec 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

LALA GRIGORYAN, ET AL. VS WILLI O. COELER, ET AL.

App. 3d 278 (Aweeka) do not support Plaintiffs’ contention in that the two cases provide that punitive damages are recoverable under wrongful or constructive eviction claims. The Complaint does not allege claims for wrongful or constructive eviction. The two punitive damages claims in the third and fourth COAs and Prayer pg. 18:13 are not properly alleged and the motion to strike is persuasive.

  • Hearing

    Dec 22, 2020

KIMBERLY FAY, ET AL. VS GLENN SOLOMON, ET AL.

BACKGROUND Plaintiffs’ operative Second Amended Complaint (“SAC”) arises from their alleged tenancy and wrongful eviction from a property located at 336 North Ogden Drive, Los Angeles, CA 90036 (the “Subject Property”), alleging cause of action for: (1) violation of Civ. Code § 789.3; (2) forcible entry and detainer; (3) wrongful eviction; and (4) violation of Los Angeles Rent Stabilization Ordinance.

  • Hearing

    Dec 22, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

LALA GRIGORYAN, ET AL. VS WILLI O. COELER, ET AL.

App. 3d 278 (Aweeka) do not support Plaintiffs’ contention in that the two cases provide that punitive damages are recoverable under wrongful or constructive eviction claims. The Complaint does not allege claims for wrongful or constructive eviction. The two punitive damages claims in the third and fourth COAs and Prayer pg. 18:13 are not properly alleged and the motion to strike is persuasive.

  • Hearing

    Dec 22, 2020

EIGHTEEN, LLC VS CALIFIT, INC., ET AL.

THE ISSUE OF WHETHER THE EVICTION MORATORIUM DOES OR DOES NOT APPLY TO THESE PARTIES ARE BASED ON FACTUAL DETERMINATIONS WHICH CANNOT BE MADE AS A MATTER OF LAW AT THE TIME OF DEMURRER.

  • Hearing

    Dec 22, 2020

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