Collect Access LLC v. Belenco Quartz USA Inc., et al.

reconsideration is denied. [1] The Court notes that the plaintiff in Doss was a yard hostler whose " primary duty [was] to drive tractor trucks to move and position 53-foot trailers containing auto parts that were shipped to Tesla's factory in the stream of interstate commerce." (Doss, supra, 121 Cal.App.5th at p. 90 [emphasis added].)

This differs from the Plaintiff here, whose primary duty as a parts advisor was to manage inventory. Plaintiff only occasionally used a forklift to unload cargo.

Belenco Quartz USA Inc., et al. Plaintiff Collect Access LLC's Request for Default Judgment Plaintiff Collect Access LLC requests court judgment by default against Defendants Belenco Quartz USA Inc. and Abdel-Khalek Said El-Assadi. Plaintiff's application for default judgment meets all requirements. Plaintiff is entitled to $138,431.12 from Defendants. Plaintiff Collect Access LLC's request for default judgment is granted. The Court will sign and enter judgment using the proposed judgment Plaintiff submitted.

Case Number: 25STCV25004 Hearing Date: August 21, 2026 Dept: 510 No. 12 - Saeed Paul Ghafoori v. Ash Ahhour, et al. Defendants Ash Ashour and Ashour Yehoshua, APC's Demurrer and Motion to Strike Portions of Plaintiff's Second Amended Complaint Demurrer Defendants Ash Ashour and Ashour Yehoshua, APC demur to the second, third, fifth, and sixth causes of action in Plaintiff Saeed Paul Ghafoori's second amended complaint ("SAC").

A. Second Cause of Action: Breach of Fiduciary Duty "To establish a cause of action for breach of fiduciary duty, a plaintiff must demonstrate the existence of a fiduciary relationship, breach of that duty and damages. [Citations.]" (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 182.) "An attorney owes the client a fiduciary duty 'of the highest character.' This fiduciary duty requires fee agreements and billings 'must be fair, reasonable and fully explained to the client.' [Citation.]" (Bird, Marella, Boxer & Wolpert v. Superior Court (2003) 106 Cal.App.4th 419, 430-31.)

Defendants argue Plaintiff's breach of fiduciary duty claim is duplicative of the legal malpractice claim and thus, the demurrer should be sustained without leave to amend as to this cause of action. Any attempt to clone a legal malpractice