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2021.10.08 Motion for Summary Judgment 859
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.08
Excerpt: ...es, mold, infestation of bed bugs, leaks from bathroom ceiling, toilet overfloats due to plumbing issues, no functioning heater, water bubbles on bathroom ceiling, dirty smelly water running from all faucets in the home, no pool usage.” (Compl., p. 2:21-24.) Defendant Maximum Management Corp., the property manager of Plaintiff's residence, uses a procedure known to tenants like Plaintiff to allow residents to report maintenance concerns to Defe...
2021.10.07 Demurrer 694
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.07
Excerpt: ...violations of the California Invasion of Privacy Act, Cal. Pen. Code §§ 632. (FAC ¶¶ 14-21.) Plaintiff filed her First Amended Complaint on April 7, 2021. Defendant answered the FAC on September 3, 2021. Defendant listed twenty-two affirmative defenses in their answer, including failure to state a claim upon which relief can be granted. (Answer to FAC, p. 2:13—4:23.) Plaintiff filed a demurrer to Def.'s Answer on September 10, 2021. Defenda...
2021.10.06 Motion to Compel Responses 305
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.06
Excerpt: ...n to Compel Responses to Special Interrogatories are GRANTED. I. BACKGROUND Plaintiff Biztracker Systems of St. John, LLC, a distributor of scanners, printers, and other devices used by businesses worldwide, has a physical business in Florida but also sells products online through its own website and on www.amazon.com (“Amazon”) pursuant to a contract with Amazon. (Complaint, ¶¶ 5-8.) Plaintiff alleges that Defendant Lavco Solutions, Inc., ...
2021.10.06 Motion to Compel Further Discovery Responses 459
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.06
Excerpt: ...e like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) Further, “[p]roviding access to justice for self-represented litigants is a priority for California courts.” (California Rules of Court, rule 10.960, subdivision (b).) The Court also understands that Plaintiff originally filed this complaint in pro per, and then later hired an attorney...
2021.10.06 Motion to Compel Arbitration 043
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.06
Excerpt: ...2) Breach of Contractual Duty to Pay a Covered Insurance Claim; (3) Tortious Breach of Implied Covenant of Good Faith and Fair Dealing; and (4) Unfair Trade Practices stemming from damages and injuries incurred by Plaintiff from an automobile accident on October 23, 2016. Plaintiff states that she sustained extensive bodily injury and extensive damage to her 2013 Tesla when her vehicle was rear-ended by Mamood Ahmed Al Dulami in a Hertz rental ca...
2021.10.01 Motion for Terminating Sanctions 207
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.01
Excerpt: ...ith and fair dealing; 42 U.S.C.A. § 3601. (Fair Housing Act); Cal. Gov. Code § 12955(a). Plaintiff failed to appear for three Case Management Conferences (February 9, 2021, March 9, 2021, and May 10, 2021); improperly verified discovery submissions on May 18, 2021; and did not respond to the July 9, 2021 court order that required supplemental responses and monetary sanctions. No opposition or reply to this motion has been filed with the Court. ...
2021.10.01 Motion for Summary Adjudication 294
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.10.01
Excerpt: ...uary 6, 2020, Plaintiff Daryl White (“Plaintiff”) filed a Complaint asserting causes of action for (1) violation of Song-Beverly Act (the “Act”) – breach of express warranty, (2) violation of the Act – breach of implied warranty, (3) violation of the Act – section 1793.2, (4) fraudulent inducement – concealment, (5) fraudulent inducement – intentional misrepresentation against Defendant Kia America, Inc. (formerly known as Kia M...
2021.09.30 Motion to Compel Further Responses 246
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.30
Excerpt: ...netary sanctions is DENIED. BACKGROUND: This action arises from an alleged defective 2020 Volvo XC60 vehicle (the “Subject Vehicle”) that Plaintiff purchased on December 27, 2019, which was manufactured by Defendant Volvo Cars of North America, LLC. (Complaint, ¶¶ 4-8.) On March 2, 2021, Plaintiff Gregory Campbell filed a complaint against Defendant Volvo Cars of North America, LLC (“Defendant” or “Volvo”) for violation of the Song-...
2021.09.30 Motion for Summary Adjudication 294
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.30
Excerpt: ...January 6, 2020, Plaintiff Daryl White (“Plaintiff”) filed a Complaint asserting causes of action for (1) violation of Song-Beverly Act (the “Act”) – breach of express warranty, (2) violation of the Act – breach of implied warranty, (3) violation of the Act – section 1793.2, (4) fraudulent inducement – concealment, (5) fraudulent inducement – intentional misrepresentation against Defendant Kia America, Inc. (formerly known as Ki...
2021.09.30 Motion for Approval of PAGA Settlement 685
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.30
Excerpt: ....” (Complaint, ¶ 1.) Plaintiff alleges that “Defendants have violated the rights of Plaintiff and the Aggrieved Employees by, among other things: (1) failing to pay them minimum wages; (2) failing to pay them overtime wages; (3) failing to provide them with legally required meal periods; (4) failing to provide them with legally required rest periods (6) failing to timely pay them earned wages during employment and/or after separations of emp...
2021.09.30 Demurrer 639 (2)
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.30
Excerpt: ...t the complaint needed to be amended, she should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had she done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended. BACKGROUND: Plaintiff's case arises out of various wage and hour violations allegedly committed by the Defendants. (See generally...
2021.09.28 Motion to Compel Further Responses 945
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.28
Excerpt: ...ents is GRANTED in part and DENIED in part. Plaintiff's request for sanctions is DENIED. BACKGROUND: On March 5, 2021, Plaintiff Gaia Construction, Inc. (Plaintiff or “Gaia”) filed this action's complaint (“Complaint”) against Defendant Younes Abrishamchi (“Defendant” or “Abrishamchi”). On May 27, 2021, Plaintiffs Gaia Construction, Inc. and Farzad Farhang filed the operative, verified first amended complaint (“FAC”) against D...
2021.09.28 Motion for Attorney Fees, to Tax Costs 862
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.28
Excerpt: ...each of fiduciary duty. (Civ. Code, § 1717(a).) However, the Court partially grants Defendant Loo's Motion for Attorney's Fees on the grounds that Defendant Loo is entitled to attorney's fees for: 1) the Complaint's claims for breach of contract and breach of express indemnity; and 2) the Cross-Complaint's claim for breach of covenant of good faith and fair dealing. (Civ. Code, § 1717(a).) The hearing for the pending motion is continued so that...
2021.09.23 Request for Entry of Default Judgment 882
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.23
Excerpt: ...strike. Plaintiff appealed the decision, and on March 19, 2020, the Court of Appeals issued its decision reversing the lower court's decision. Thereafter, the matter was remanded. On June 29, 2021, default was entered against Defendant. ANALYSIS: A. Request for Judicial Notice On August 18, 2021, Plaintiff filed a request for judicial notice of the complaint and various motions filed in this action. His request is DENIED as superfluous. Any party...
2021.09.22 Motion for Summary Adjudication 327
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.22
Excerpt: ...on for (1) breach of written guaranty, (2) breach of written guarantee, and (3) promissory fraud. Plaintiffs allege that on May 24, 2019, an entity known as USA Lendco Holdings, LLC executed a written promissory note in favor of EZ Investment in the amount of $400,000, and Defendants executed a guaranty agreement. Similarly, USA Lendco Holdings, LLC executed a written promissory note in favor of Bian on May 24, 2019, and Defendants also executed ...
2021.09.17 Motion to Trifurcate 316
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.17
Excerpt: ...on against Defendant Iliana Maria Stoltz for (1) elder abuse; (2) ejectment; (3) trespassing; (4) conversion; (5) constructive fraud; (6) constructive trust; and (7) quiet title in real property. Plaintiffs allege that their mother, Ramona Perez, purchased the subject property with her husband, Jose Perez on December 15, 1971, but later became the sole owner of the subject property as Jose Perez quit claimed the property to Ramona Perez on July 2...
2021.09.17 Motion to Reclassify 462
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.17
Excerpt: ...ll case concerning a $5,000 retainer. If plaintiff weren't an attorney, this case would have been filed in small claims court. Instead, because plaintiff is an attorney, he has added fraud, recission and UCL causes of action to inflate the value of the case. The fact that the Court is denying this unopposed motion does not preclude the parties from agreeing between themselves to reclassify the case, or to settle the case and avoid attorney's fees...
2021.09.17 Motion to Quash Notice of Deposition, for Protective Order 750
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.17
Excerpt: ...14 days before trial, whichever comes first, or be precluded from testifying at trial, and (d) allow Hernandez's deposition and any other discovery directed to Hernandez only after Hernandez has waived his privilege, if at all. BACKGROUND: On January 15, 2021, Plaintiff Jesus Alegria commenced this action and on March 15, 2021 filed a first amended complaint (“FAC”) against Defendants County of Los Angeles, Sheriff Alex Villanueva, Miguel Veg...
2021.09.17 Motion to be Relieved as Counsel 441
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.17
Excerpt: ...op Venture Capital, LLC, and was the driving force behind HeyTutor's entire operation since September 2017. (FAC, ¶ 3.) Plaintiff brings this action to allege that HeyTutor's CEO, Skyler Lucci, repeatedly harassed and discriminated against Plaintiff, constantly dismissing her opinion as a woman and praising those same opinions when they came from her male colleagues. (Ibid.) Plaintiff alleges that she “repeatedly complained to upper management...
2021.09.17 Motion to Approve PAGA Settlement 935
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.17
Excerpt: ...yees filed the operative First Amended Complaint (“FAC”) against Defendants Unix Construction, Inc. Archipro Construction, Inc. Young Sook Jung; Eui Kyoung Hwang; Ho Tae Seok; and Does 1-20 for (1) failure to pay regular and minimum wages, (2) failure to pay overtime wages, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to provide itemized accurate wage statements, (6) failure to provide employment recor...
2021.09.16 Motion to Compel Arbitration 808
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.16
Excerpt: ... frivolous objections as it has done. For instance, Defense Objection #1 is to Plaintiff's statement that “I did not sign the At- Will/PreDispute Resolution Agreement. The signature that appears there in the Exhibit A document is a forgery; it is not at all my signature. I sign differently and I have never signed in the manner that appears in that At-Will/PreDispute Resolution Agreement.” (See Defendant's Objections.) Defendant objects on the...
2021.09.15 Motion to Compel Production of Witnesses at Trial, Docs at Trial 682
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.15
Excerpt: ...P. § 1987(c)) is Denied without prejudice as indicated below. BACKGROUND: Suzanne Ruelas (“Plaintiff”) initiated this suit on May 8, 2020, and filed her operative First Amended Complaint on September 18, 2020. Plaintiff's First Amended Complaint asserts 14 causes of action against defendants City of Baldwin Park; Shannon Yauchzee; Rose Tam; Laura Thomas; Robert Tafoya; Manuel Lozano; Michael Taylor; and Benjamin Martinez. Plaintiff's action ...
2021.09.14 OSC Re Reconsideration of Order to Quash Service of Summons, Motion for Leave to Amend Complaint 688
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.14
Excerpt: ... of summons and DENIES the motion. Defendants are to file an Answer within 30 days. Plaintiff's motion for leave to amend is GRANTED. Plaintiff is ORDERED to file the proposed second amended complaint within 15 days of this order and serve Defendants' counsel by mail. BACKGROUND: This action arises out of the treatment of Plaintiff at the Los Angeles Men's Central Jail by medical providers and deputies. On April 2, 2018, Plaintiff Marcus R. Ellin...
2021.09.14 Motion for Reconsideration 366
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.14
Excerpt: ...taxpayer action (Code of Civil Procedure section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalition comm...
2021.09.14 Demurrers 945
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.14
Excerpt: ...ACKGROUND: On May 27, 2021, Plaintiffs Gaia Construction, Inc. and Farzad Farhang filed the operative, verified first amended complaint (“FAC”) against Defendants Younes Abrischamchi, individually and in his capacity as a trustee of the Abrischamchi Trust, Archlaunch LLC, and Setareh Kavosi for (1) breach of contract; (2) constructive trust; (3) breach of contract; (4) specific performance; (5) fraud; (6) promissory estoppel; (7) negligent mi...
2021.09.10 Demurrer 985
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.10
Excerpt: ...Department, and Los Angeles County Sheriff Department on April 28, 2021. Plaintiff's Complaint asserts causes of action for (1) racial profiling; (2) civil rights discrimination; (3) intentional infliction of emotional distress; (4) conspiracy; and (5) retaliation. Plaintiff details the alleged abuse of David Doe Jr., referred to as “Baby B.” in the Complaint, who is believed by Plaintiff to be dead and last seen alive before taken into LAPD ...
2021.09.10 Special Motion to Strike 662
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.10
Excerpt: ...(“IH4”) (collectively, the “Defendants”). The Complaint asserts the Defendants two causes of action for 1) Violation of Rent Stabilization Ordinance 151.09, and 2) Intentional Infliction of Emotional Distress. Plaintiff served the Defendants with copies of the Summons and Complaint on June 30, 2021. On August 13, 2021, Defendants filed the pending Special Motion To Strike Under C.C.P. § 425.16 (Anti-SLAPP Statute). On August 27, 2021, Pl...
2021.09.10 Motion to Compel Deposition of PMK and Custodian of Records 294
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.10
Excerpt: ..., the Court DENIES Plaintiff Daryl White's request for monetary sanctions because the circumstances herein make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.450(g).) BACKGROUND: This action arises out of allegations involving the sale of a defective motor vehicle in violation of the Song-Beverly Consumer Warranty Act (“SBA”). On March 20, 2017, plaintiff Daryl White (“Plaintiff”) bought a 2015 Kia Optima (the “Subjec...
2021.09.10 Motion to Compel Arbitration and Stay Proceedings 168
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.10
Excerpt: ...e Court is denying this motion to compel arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to FCA US, LLC. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion...
2021.09.09 Motion to Deem RFAs Admitted, to Compel Responses, Deposition 615
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.09
Excerpt: ...of Documents Moving Party: Defendant Assurance Learning Academy Resp. Party: None (5) Motion to Compel Deposition of Plaintiff Moving Party: Defendant Assurance Learning Academy Resp. Party: None The Court GRANTS Defendant's motions to deem request for admissions admitted and to compel responses to request for production of documents, special interrogatories, and form interrogatories. The Court GRANTS Defendant's motion to compel deposition of Pl...
2021.09.09 Motion for Approval of PAGA Settlement 685
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.09
Excerpt: ... ‘Wage Order').” (Complaint, ¶ 1.) Plaintiff alleges that “Defendants have violated the rights of Plaintiff and the Aggrieved Employees by, among other things: (1) failing to pay them minimum wages; (2) failing to pay them overtime wages; (3) failing to provide them with legally required meal periods; (4) failing to provide them with legally required rest periods (6) failing to timely pay them earned wages during employment and/or after se...
2021.09.09 Demurrer 207
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.09
Excerpt: ...to the Court. (See, e.g., Demurrer, p. 13:11; Opposition, p. 4:11-15; p. 8:12-14; p. 8:20-22.) BACKGROUND: Plaintiff brings this action to allege that while she was a student at Los Angeles Mission College, Plaintiff's anatomy professor made an inappropriate comment about females and “simultaneously grabbed Plaintiff by the buttocks with his left hand” during class. (FAC, ¶¶ 18-21.) On February 24, 2021, Plaintiff Jaimie Lee Cosme commenced...
2021.09.08 Demurrer 691
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.08
Excerpt: ...f asserts that “Seizing on temporary tenant closures related to the COVID-19 pandemic, Hugo Boss purported to invoke an early lease-termination right that is available only after six consecutive months of what is known as ‘co-tenancy failure.'” (Id. at ¶ 2.) Plaintiff alleges that “the Center was never in co-tenancy failure for six consecutive months— a fact Westfield proved to Hugo Boss—and therefore Hugo Boss had no right to early ...
2021.09.07 Demurrer 908
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.07
Excerpt: ...ntative action against Defendants PMC A&E, Inc. and Jae Wook Jeong for (1) violation of Labor Code §§ 510 and 1194 (minimum wage and overtime); (2) violation of Labor Code §§ 226.7 and 512 (off-duty meal periods); (3) violation of Labor Code §§ 226.7 (off-duty rest periods); (4) violation of Labor Code §§ 226 and 226.3 (wage statements); and (5) violation of Labor Code §§ 201 and 202 (wages upon discharge). On July 16, 2021, Defendant J...
2021.09.07 Application for Order for Sale of Dwelling 582
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.07
Excerpt: ...uance of: (1) order for sale of dwelling, and (2) order to show cause why order for sale of dwelling should not be made. On November 2, 2020, this case, originally in Department 1, was reassigned to Department 34. On November 9, 2020, Judgment Creditor filed proposed orders for sale of dwelling and to show cause why order for sale of dwelling should not be made, and a request for issuance of order to show cause why order for sale of welling shoul...
2021.09.01 Application for Determination of Good Faith Settlement 194
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.01
Excerpt: ...uring her employment, she was raped by her supervisor Isaac on July 8, 2018. (Complaint, ¶¶ 21-24.) Plaintiff alleges that she reported the rape to her employers, but her employers took no action against Isaac and Plaintiff was forced to continue working with him until she left her employment on January 31, 2019. (Id. at ¶ 25.) On April 28, 2020, Plaintiff Alejandra Alejandre Solorio commenced this action against Defendants Service Connection ...
2021.09.01 Anti-SLAPP Motion 686
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.01
Excerpt: ...tter of MiMedx Group v. Sparrow Fund Management, LP, et al. (Complaint, ¶ 1.) On January 29, 2021, Plaintiff Sparrow Fund Management, LP commence this action against Defendants Wargo French LLP and Sheppard Mullin Richter Hampton LLP for (1) malicious prosecution; (2) intentional interference with prospective economic advantage; and (3) negligent interference with prospective economic advantage. On June 25, 2021, Defendant Mullin Richter Hampton...
2021.09.01 Motion for Judgment on the Pleadings 366
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.01
Excerpt: ...cy by providing the necessary resources, tools and education, allege that Defendants committed various Labor Code violations against Plaintiffs. (FAC, ¶¶ 20-32.) On June 26, 2020, Plaintiffs Erica Mitchell, Corey McKinley, Marcus Davis, Shavon Garcia, Shawanda Kelly, Richard Spencer, and Kendra Williams commenced this action against Defendants Connections for Women, Inc., Tamika Boyce, Shannon Boyce, and Marie Thomas for (1) failure to pay over...
2021.09.01 Motion to Strike 696
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.09.01
Excerpt: ...on March 2, 2020 based on her disability. (SAC, ¶¶ 13-15, 20, 24-25.) On November 6, 2020, Plaintiff Ilanit Ktorza commenced this action and filed a first amended complaint on January 14, 2021 against Defendant ZAG America, LLC for (1) discrimination on account of disability/medical condition (FEHA); (2) retaliation discrimination on account of disability/medical condition (FEHA); (3) failure to reasonably accommodate disability/medical conditi...
2021.08.31 Motion for Protective Order 842
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.31
Excerpt: ...dants left the plaintiff's joint venture and took the plaintiff's ideas, Churchill script, and research, which were incorporated into the motion picture Darkest Hour. (See FAC, ¶¶ 13-50.) On September 18, 2020, Plaintiff Ben Kaplan commenced this action against Defendants NBCUniversal Media, LLC, Working Title Group LLC, Focus Features LLC, Gary Oldman, Douglas Urbanski, and Jim Osborne for (1) false designation of origin (15 U.S.C. § 1125(a))...
2021.08.31 Motion for Leave to File Amended Complaint 931
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.31
Excerpt: ...ermination. Plaintiff alleges that “after 23-years of loyal service, Sillman was placed on administrative leave on January 24, 2019 because she questioned defendants' pressure that she take a fit for duty examination—an examination which was predicated by her age.” (SAC, ¶¶ 11-12.) On November 27, 2019, Plaintiff Martha Sillman commenced this action against Defendants City of Los Angeles; Personnel Department Medical Services Division; Lo...
2021.08.30 Motion to Set Aside Defaults, Judgment 469
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.30
Excerpt: ...es, Inc. dba Nationwide Distributor commenced this action against Defendants Massgenie, Inc., Bruce Wantanabe, Sam Kim, and Dan Devries for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) violation of Business & Professions Code section 17200; (4) fraud; and (5) intentional interference with contractual relations. On January 20, 2021, default was entered against Defendants Massgenie, Inc., Bruce Wantanabe, D...
2021.08.30 Motion for Discovery of Police Officer Personnel Records 320
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.30
Excerpt: ...January 3, 2020, Plaintiffs Stephen Glick and Alfred Garcia commenced this action against Defendant City of Los Angeles for (1) discrimination in violation of FEHA; and (2) retaliation in violation of FEHA. On July 14, 2021, Plaintiffs filed the instant motion for production of Pitchess documents. ANALYSIS: I. Motion for Discovery of Police Officer Personnel Records (Pitchess Motion) A. Legal Standard A motion to discover a law enforcement office...
2021.08.30 Demurrer 906
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.30
Excerpt: ... disclosing that there was a pre-payment penalty. (See FAC, ¶¶ 7-19.) On November 23, 2020 Plaintiff 11240 Playa Court, LLC commenced this action and on June 10, 2021, filed a first amended complaint (“FAC”) against Defendants JP Morgan Chase Bank, N.A. and Anthony S. Gonzales for (1) fraud; (2) constructive fraud; (3) breach of fiduciary duty; (4) negligent misrepresentation; (5) money had and received; (6) accounting; and (7) unfair trade...
2021.08.30 Demurrer 276
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.30
Excerpt: ...s and covenants by failing to repair a leak from the roof. (Id. at ¶¶ 8- 10, 15-17.) On May 20, 2020, Plaintiff Hollywood and Ivar, LLC commenced this action against Defendant DWG International, LLC for (1) breach of contract; and (2) wrongful eviction – breach of the covenant of quiet enjoyment. On May 27, 2020, the Court found that the following cases, 20STCV19276 and 20STUD02358, are not related. On September 15, 2020, Defendant DWG Intern...
2021.08.27 Motion to Compel Further Responses 403
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.27
Excerpt: ...a Wilson commenced this action against Defendants Harvest Farms, Inc., Good Source Solutions, Inc., VForce, Inc., and Diana Torres for (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) declaratory judgment; (6) wrongful termination in violation of public policy; (7) retaliation for disclosing violations of law; (8) failure to pay wages; (9) failure to provide meal and rest...
2021.08.27 Motion for Approval of PAGA Settlement 679
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.27
Excerpt: ...ggrieved employees. (FAC, ¶¶ 7-8.) On October 21, 2019, Plaintiff Monica Quinones commenced this action against Defendants VCA, Inc. and Vicar Operating, Inc. and on February 25, 2020, filed a first amended complaint (“FAC”) for (1) failure to compensate for all hours worked; (2) failure to pay minimum wage; (3) failure to provide accurate itemized wage statements; (4) failure to pay wages owed every pay period; (5) failure to pay wages whe...
2021.08.27 Demurrer 694
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.27
Excerpt: ...� 632; and (2) violation of California Invasion of Privacy Act, Cal. Pen. Code § 632.7. On June 8, 2021, the Court reclassified this action to unlimited jurisdiction on its own motion. (06/08/2021.) On July 23, 2021, Defendant filed the instant demurrer to the first cause of action in the FAC. ANALYSIS: I. Demurrer A. Request for Judicial Notice The Court may take judicial notice of: (d) Records of (1) any court of this state or (2) any court of...
2021.08.26 Demurrer, Motion to Strike, for Determination of Good Faith Settlement 590
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.26
Excerpt: ... California (3) Motion Contesting Determination of Good Faith Settlement Moving Party: Defendants Pentecostal Church of God (Joinders by Orange Coast Title Company of Southern California, EJT Holdings, and Sean Thomas) Resp. Party: Plaintiff Good Tidings Baptist Church and Defendant Robert E. Grier The Court SUSTAINS the demurrer with leave to amend. The Court DENIES the motion to strike as moot. The Court DENIES the motion for determination of g...
2021.08.25 Motion for Attorney Fees 121
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.25
Excerpt: ... by the moving parties would have been insufficient for the Court to have determined a reasonable fee. The documents are redacted to such an extent that it would have been impossible for the Court to determine whether the work performed was necessary or reasonable. As Plaintiff notes in his opposition, the redactions make it impossible “to determine what portion was incurred for unreasonable or unnecessary tasks, duplication of work between the...
2021.08.25 Motion for Protective Order 604
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.25
Excerpt: ...NIES Plaintiff's request for sanctions. BACKGROUND: On June 12, 2019, Plaintiff Sung K. Lee filed a complaint against Defendants Young Hwa Methodist Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, for (1) negligence – presumption of negligence; (2) negligence per se – violation of California OSHA; (3) negligence – misclassification of employment status; (4) vicarious liability; and (5) premise l...
2021.08.25 Motion for Judgment on the Pleadings 442
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.25
Excerpt: ...plaintiff, who was hired by the defendants as a full-time non-exempt construction worker on January 1, 2012, was terminated from his employment on May 29, 2019, without being paid all outstanding wages owed to him. (Complaint, ¶¶ 1-34.) On April 8, 2021, Plaintiff Jorge Siquin commenced this action against Defendants Orangebin, Inc., Yong Hwan Kim, and Andres Lee for (1) discrimination in violation of Government Code section 12940 et seq.; (2) ...
2021.08.25 Motion to Quash Deposition Subpoena, for Protective Order 023
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.25
Excerpt: ...The Court GRANTS Defendants' motion for a protective order with the designation for attorney's eyes and experts only as to the financial information of Defendants Derby Enterprises, LLC, MyMail, Ltd., and MyMail Management, LLC that Plaintiff obtains from the subpoenas. BACKGROUND: “This case arises out of the multiple failures of the Defendants to comply with the requirements of a contract for the procurement of financing and investment that t...
2021.08.24 Petition to Approve Minor's Compromise 918
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.24
Excerpt: ... ¶¶ 10-13.) On October 8, 2019, Plaintiffs Destiny Garcia, individually, by and through her guardian ad litem Griselda Nieves, and Griselda Nieves, individually, commenced this action against Defendants Isabel Guillen, Cruizers Express, LLC, and Josephine Lohran for (1) negligence; (2) negligence per se; (3) premises liability; and (4) negligent infliction of emotional distress. On January 17, 2020, Cruizers Express, LLC filed a cross-complaint...
2021.08.24 Motion to Quash Deposition Subpoenas 971
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.24
Excerpt: ...male. (See e.g., Opp., pp. 3:8-9, “her operative complaint” and “her admission”; 6:1-2, “his complaint” and “his prior medical condition.”) The Court reminds Defendant's counsel that the opposition should include the pronoun that Plaintiff identifies with; it is not considered professional to copy and paste from other actions that are brought by different plaintiffs who may use different pronouns. BACKGROUND: Plaintiff Azar Mohebi...
2021.08.24 Motion to Approve Consent Judgment 173
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.24
Excerpt: ...op. 65 warning signs. The signs are basically useless, because they do not inform Californians of the relative risk that is associated with the exposure. As a Los Angeles Times investigation recently found, “The profusion of warnings stemming from California's landmark consumer safety law has left shoppers over-warned, under-informed and potentially unprotected.” (“You See The Warnings Everywhere. But Does Prop. 65 Really Protect You?” Lo...
2021.08.24 Motion for Setting Compensation of Expert, for Leave to File Complaint and Continue Trial 182
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.24
Excerpt: ...Tour, Inc.'s retained expert Marvin Pietruszka M.D., J.D. is DENIED. The motion for leave to file a cross-complaint and to continue trial is DENIED. BACKGROUND: Plaintiffs bring this action to allege that their husband and father (the “Decedent”) passed away during a five-day all-inclusive guided bus tour to various U.S National Parks in Arizona and Utah after the Defendants failed to get the Decedent medical attention. (FAC, ¶¶ 12-18.) On ...
2021.08.24 Demurrer 555
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.24
Excerpt: ... who are in e-commerce specializing in affordable women's clothing. (FAC, ¶¶ 8-25.) On February 18, 2021, Plaintiff Coalition Apparel, Inc. commenced this action and on March 24, 2021 filed a first amended complaint (“FAC”) against Defendants Made By Johnny Group, Inc., John Jung, and Ji Cheol Park aka Kevin Park for (1) breach of contract; (2) common count – account stated; (3) common count – open book account; (4) fraud and deceit; (5...
2021.08.06 Motion to Deem RFAs Admitted 802
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.06
Excerpt: ...hom this motion is directed are all self-represented. The Court is granting this motion, because it is unopposed and because Defendants have met their burden to show that the discovery was served and Plaintiffs did not respond. Nonetheless, the Court is aware that to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App...
2021.08.06 Motion to Continue Trial 648
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.06
Excerpt: ...ettler and trustee, he amended and restated the trust. (Complaint, ¶ 8.) On August 16, 2013, Charles L. Weber died, and San Pasqual Fiduciary Trust Company and Timothy McAdam became successor co-trustees of the trust. (Id. at ¶ 8.) Prior to his Weber's death, he was a partner with Jay De Miranda, Sol Golomb, and Robert Hanisee and a partner in two real estate investments, known as Villa Geneva Ltd. and Villa Vienna Ltd. (Id. at ¶¶ 8-9.) Sol G...
2021.08.06 Motion to Compel Further Discovery Responses 383
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.06
Excerpt: ... to each defendant, i.e., for each motion. (See Gov. Code § 70677(d); see infra, §I(b)(1).) BACKGROUND: This is an action for declaratory relief and abuse of process brought by employers, The Cochran Firm California, against its previous at-will employee Ibiere Seck. Plaintiffs, The Cochran Firm California and Dunn Law, APC dba “The Cochran Firm California,” allege that Ibiere Seck departed the firm as of December 31, 2018, taking certain c...
2021.08.06 Motion for Summary Judgment, Adjudication 366
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.06
Excerpt: ...ng this taxpayer action (Code of Civil Procedure section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalit...
2021.08.06 Demurrer 366
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.06
Excerpt: ...t. (Although not necessary for its Court's decision on the demurrer, the Court also notes that Plaintiff filed its Case Management Statement on 8/4/2021 – 13 days later than required under California Rules of Court, Rules 3.720- 3.730.) BACKGROUND: This action arises out of a controversy involving real property located at 1826, 1831, and 1835 Palmer Court, Long Beach Blvd., Long Beach, CA 90806. (FAC, ¶ 8.) On September 9, 2020, Plaintiff S&S ...
2021.08.05 Motion to Strike 696
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.05
Excerpt: ...s to strike these phrases from the SAC. Had she done so, the court and its staff would not have had to spend the time analyzing a motion to strike that even plaintiff apparently agrees should be granted. The Court finds that such actions by Plaintiff's counsel do not meet the high standards that are expected of members of the bar. BACKGROUND: Plaintiff, a former graphic designer employee of Defendant who suffers from chronic and severe urinary tr...
2021.08.04 Motion to Quash Service of Summons 945
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.04
Excerpt: ...for (1) breach of contract; (2) promissory estoppel; (3) negligent misrepresentation; and (4) declaratory relief. On March 11, 2021, Plaintiffs filed a notice of lis pendens. On May 11, 2021, the Court (1) granted non-party Setareh Kavosi's ex parte application for leave to intervene and join in Defendant Younes Abrishamchi's ex parte application; (2) denied Defendant Younes Abrishamchi's ex parte application for an order to expunge lis pendens; ...
2021.08.03 Motion to Compel Mental Exam 988
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.03
Excerpt: ... on April 16, 2018. (Complaint, ¶ 12.) On January 29, 2019, Plaintiff Jacqueline Gibson commenced this action for negligence and wrongful death against Defendants Southern California Regional Rail Authority dba Metrolink, National Railroad Passenger Corporation, and Richard Wingfield. On April 24, 2019, the Court found that cases 19STCV02988 and 19STCV03722 are related and designated 19STCV02988 as the lead case. On December 4, 2019, this case w...
2021.08.03 Motion for Summary Judgment 987
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.03
Excerpt: ...n production sights. (Complaint, ¶¶ 10, 13-15.) On December 31, 2019, Plaintiff Kristopher Fagan, an individual, both directly and derivatively on behalf of ACFC Enterprises commenced this action against Defendants Justin Hill, Donovan Terranova, and ACFC Enterprises, Inc. for (1) breach of fiduciary duty against Mr. Hill and Mr. Terranova; (2) breach of fiduciary duty against ACFC Enterprises; (3) breach of fiduciary duty, derivatively, agains...
2021.08.02 Motion to Seal Confidential Information 118
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.08.02
Excerpt: ...t Defendant Elizabeth Yang and on September 22, 2020 filed a verified first amended complaint for (1) defamation per se; (2) defamation per quod; (3) intentional interference with contractual relations; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) intentional infliction of emotional distress; (7) negligence; (8) negligent misrepresentation; (9) intentional mi...
2021.07.30 Motion to Strike Answer 896
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.30
Excerpt: ...in connection to Plaintiff's real property and businesses. (Complaint, ¶ 15.) On April 12, 2021, Plaintiff James R. Verheyden commenced this action against Defendants Talon Management Group and Jaime Cuevas for (1) breach of agreement; (2) intentional misrepresentation; (3) negligent misrepresentation; and (4) common count: money had and received. On May 25, 2021, Defendants filed an answer to Plaintiff's complaint. On June 6, 2021, Plaintiff fi...
2021.07.30 Motion to Quash Notice of Deposition 988
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.30
Excerpt: ...CKGROUND: Plaintiff Jacqueline Gibson, successor in interest to Ernest Gibson, brings this action based on allegations that her husband was hit by a train while crossing a train track on April 16, 2018. (Complaint, ¶ 12.) On January 29, 2019, Plaintiff Jacqueline Gibson commenced this action for negligence and wrongful death against Defendants Southern California Regional Rail Authority dba Metrolink, National Railroad Passenger Corporation, and...
2021.07.30 Motion to Continue Trial 682
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.30
Excerpt: ...eges that her employment as a housing manager with Defendant City of Baldwin Park was wrongfully terminated. (FAC, p. 1:5-6, ¶¶ 9, 11.) On May 8, 2020, Plaintiff Suzanne Ruelas commenced this action against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, and Benjamin Martinez for (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints);...
2021.07.30 Motion for Attorney 603
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.30
Excerpt: ...g the judicial system as a lottery, and hoping to win the jackpot. Several times during the trial, the Court had to admonish plaintiff's counsel to only present those items for which he had evidentiary support; plaintiff's counsel subsequently withdrew several causes of action. Once again, it appears that plaintiff's counsel is hoping to hit the jackpot – this time on attorney's fees. According to Plaintiff's declaration, approximately $25,000 ...
2021.07.29 Petition to Approve Compromise of Disputed Claim 831
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.29
Excerpt: ...d Litem, Joseph Pham Resp. Party: None The petitions to approve compromise of disputed claim are GRANTED. BACKGROUND: “This action for personal injuries, and also wrongful death, arising out of the death of YNHI TRAN, deceased, is brought pursuant to Code of Civil Procedure Section 377.60(a), by Plaintiffs MICHAEL PHAM, as the decedent's surviving spouse, and by Plaintiffs MATTHEW PHAM DUY THIEN, and ADYIN PHAM, as the decedent's surviving chil...
2021.07.29 Motion for Summary Adjudication 366
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.29
Excerpt: ... section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalition commenced this action by filing a verified c...
2021.07.29 Motion for Attorney Fees 945
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.29
Excerpt: ...zad Farhang commenced this action against Defendants Younes Abrischamchi, individually and in his capacity as a trustee of the Abrischamchi Trust and Archlaunch LLC for (1) breach of contract; (2) promissory estoppel; (3) negligent misrepresentation; and (4) declaratory relief. On March 11, 2021, Plaintiffs filed a notice of lis pendens. On May 11, 2021, the Court (1) granted non-party Setareh Kavosi's ex parte application for leave to intervene ...
2021.07.28 Demurrer 492
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.28
Excerpt: ...ontents, it does not list the page numbers for each topic. It is true that the CRC does not define a “table of contents” as containing page numbers. However, the Court notes that a Table of Contents without page numbers is of no help to the Court. Counsel should be more careful in the future. The Court also notes that the Third Amended Complaint, which is verified by Plaintiff, states that “Plaintiff does not read English fluently.” (TAC,...
2021.07.28 Motion to Compel Deposition 604
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.28
Excerpt: ...Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, for (1) negligence – presumption of negligence; (2) negligence per se – violation of California OSHA; (3) negligence – misclassification of employment status; (4) vicarious liability; and (5) premise liability. On May 7, 2020, Plaintiff Mu Chin Deitke, the surviving spouse of Plaintiff Sung K. Lee, filed a complaint against Defendants Young Hwa Met...
2021.07.28 Motion for Judgment on the Pleadings 704
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.28
Excerpt: ... Incorporated dba Kash Wholesale (“JE Group”) and Hudson Insurance Company for (1) violation of the Consumers Legal Remedies Act, Civil Code § 1750 et seq.; (2) violation of the Unfair Competition Law, Bus. & Prof. Code § 17200 et seq.; (3) fraud and deceit; (4) negligent misrepresentation; and (5) violation of Vehicle Code § 11711 – as to Hudson Insurance Company only. On September 5, 2019, default was entered as to Defendant JE Group. ...
2021.07.27 Motion to Lift Stay and Allow Limited Discovery 686
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.27
Excerpt: ...ement, LP, et al. (Complaint, ¶ 1.) On January 29, 2021, Plaintiff Sparrow Fund Management, LP commence this action against Defendants Wargo French LLP and Sheppard Mullin Richter Hampton LLP for (1) malicious prosecution; (2) intentional interference with prospective economic advantage; and (3) negligent interference with prospective economic advantage. On July 1, 2021, Plaintiff filed the instant motion to lift stay and allow limited discovery...
2021.07.27 Motion to Confirm Arbitration 500
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.27
Excerpt: ...ed a petition to confirm the arbitration award against Respondent QC Manufacturing, Inc. On June 15, 2021, the Court approved the parties' stipulation and protective order regarding confidential and highly confidential designations. On June 15, 2021, Respondent filed a response to the petition to confirm arbitration award and a motion to seal portions of its response to the petition to confirm arbitration award. On July 8, 2021, the Court continu...
2021.07.27 Demurrer, Motion to Strike 060
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.27
Excerpt: ...st mites, mice, roaches; inadequate plumbing; defective bathroom fixtures; defective wall structures; deficient plumbing; improperly maintained floors; defective heater; unclean recycled water throughout the property; toilet leakage; improper weather proofing with the windows; mold; unsanitary and unsafe common areas; unsanitary and unsafe ceilings; structural damage; improper waterproofing and illegal construction (noise pollution and loss of pr...
2021.07.27 Demurrer 053
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.27
Excerpt: ...ed a first amended complaint (“FAC”) alleging a single cause of action for negligence. On April 7, 2021, the Court sustained Defendant's demurrer to the FAC with leave to amend and denied Plaintiff's ex parte application for an order to strike the demurrer for procedural violations. On May 3, 2021, Plaintiff filed a second amended complaint (“SAC”) asserting claims for (1) negligence – vicarious liability – nuisance tenant; (2) nuisan...
2021.07.26 Demurrer, Motion to Strike 985
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.26
Excerpt: ...st break compensation; (3) pay compensation due to Plaintiff in a timely manner; (4) provide compliant wage statements; and (5) wrongfully discharged Plaintiff in violation of public policy. (SAC, ¶ 1.) Plaintiff, a Hispanic male individual, who was the only non-Asian team member in his department, worked for Defendants as a Central Service Tech I (9413) from December 15, 2019 to June 12, 2020. (Id. at ¶¶ 21, 26.) On September 28, 2020, Plaint...
2021.07.21 Motion to Tax Costs 121
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.21
Excerpt: ...aintiff filed the first amended complaint (“FAC”) against Defendants Renee K. Kwan, Vibrant Developments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of ...
2021.07.21 Motion to Deem RFAs Admitted, for Production of Docs 492
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.21
Excerpt: ...ons admitted and to compel responses to request for production of documents and form interrogatories. The Court DENIES Defendant's request for sanctions. BACKGROUND: This action arises out of a controversy involving real property known as 14638 Moody Street, Panorama City, California, 91402. (TAC, ¶¶ 1-2.) On October 7, 2020, Plaintiff Phanphen Chanachit commenced this action against Defendant Pornpanawan Wogsarod for (1) quiet title; (2) breac...
2021.07.20 Motion to Deem RFAs Admitted, Compel Responses 270
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.20
Excerpt: ...nt CBCI Construction, Inc. Resp. Party: Plaintiff BRE Piper MG Embassy Square CA, LLC (4) Motion to Compel Responses to Special Interrogatories, Set One Moving Party: Defendant CBCI Construction, Inc. Resp. Party: Plaintiff BRE Piper MG Embassy Square CA, LLC The Court DENIES the motions to deem request for admissions admitted, compel responses to form interrogatories, compel responses to special interrogatories, and compel responses to request f...
2021.07.20 Motion to Compel Arbitration and Stay Proceedings 750
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.20
Excerpt: ...s, U.S.A., Inc. PRELIMINARY COMMENT: The Court is denying this motion to compel arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to Toyota. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State...
2021.07.20 Anti-SLAPP Motion 773
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.20
Excerpt: ... at work. On January 8, 2021, Plaintiff Angela Pagano commenced this action against Artist Publishing Group, Artist Partner Group, and Michael Caren for (1) breach of contract; (2) defamation; (3) retaliation under the Fair Employment and Housing Act; (4) intentional interference with prospective economic advantage; (5) preventing subsequent employment by misrepresentation under Labor Code section 1050; (6) violation of Business and Professions C...
2021.07.19 Demurrer 604
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.19
Excerpt: ...Muchin Deitke” but the notice of motion lists the plaintiff bringing the motion as Plaintiff Sung K. Lee, not Muchin Deitke. (See Notice of Motion, pp. 1:7-8, 2:4.) The Court finds these unintentional mistakes to show a lack of professionalism. BACKGROUND: On June 12, 2019, Plaintiff Sung K. Lee filed a complaint against Defendants Young Hwa Methodist Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, ...
2021.07.16 Motion for Summary Adjudication 267
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.16
Excerpt: ...dants South Point of Nevada, LLC, Sam Almaz, Dan Kohanarieh, Fig Digs, LLC, CTH One, LP, C.N.A. Foreclosure Services, Inc. for (1) breach of contract (count one); (2) breach of contract (count two); (3) specific performance; (4) breach of fiduciary duty; and (5) declaratory relief. On August 21, 2020, South Point of Nevada, LLC filed a cross-complaint against Hartford Development, LLC and Matthew Fainchtein for (1) breach of contract; (2) breach ...
2021.07.16 Demurrer, Motion to Strike 603
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.16
Excerpt: ...1 filed a first amended complaint (“FAC”) against Defendant Capref Burbank, LLC for (1) breach of contract; (2) deprivation of peaceful possession of real property; (3) intentional interference with prospective economic advantage; (4) negligent interference with prospective economic advantage; (5) breach of good faith and fair dealing; and (6) declaratory relief. On June 16, 2021, Defendant Capref Burbank, LLC filed the instant unopposed demu...
2021.07.16 Demurrer, Motion to Strike 184
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.16
Excerpt: ...e and benzene and formaldehyde at their workplace. (FAC, ¶¶ 8-17.) On January 12, 2021, Plaintiffs Elizabeth Agramonte, Ernesto Agramonte, and David Carrera commenced this action against Defendants S.L. Fusco, Inc., The Sherwin-Williams Company, Ply Gem Industries, Inc. for (1) negligence; (2) strict liability – failure to warn; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss ...
2021.07.15 Motion to Compel Arbitration and Stay Proceedings 504
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.15
Excerpt: ... arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to Ford Motor Company. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate the “strongly...
2021.07.15 Motion for Approval of PAGA Settlement 696
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.15
Excerpt: ...s committed numerous labor code violations against her and other aggrieved employees. (Complaint, ¶¶ 15-31.) On December 4, 2019, Plaintiff Abraham Duran commenced this action against Defendant Second Street Promenade, LLC for (1) failure to pay minim wages in violation of Labor Code sections 1194, 1194.2, 1197, Wage Order No. 5 of the IWC; (2) failure to furnish wage and hour statements (Labor Code sections 226 and 226.3); (3) failure to provi...
2021.07.14 Motion for Summary Judgment, Adjudication 918
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.14
Excerpt: ...perty Trust Resp. Party: None as of 06/30/2021 Defendant Cruizers Express, LLC's motion for summary judgment, or in the alternative, summary adjudication is GRANTED. Defendant Charles Nordhausen, as trustee of Josephine Lohran Separate Property Trust's motion for summary judgment is GRANTED. PRELIMINARY COMMENTS: Defendant Cruziers states: “there has been only one other accident in the vacuum area of the carwash with almost 2 Million cars comin...
2021.07.14 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.14
Excerpt: ...losure of property. In 2010, Plaintiff Benzeen, Inc. acquired real property located in Studio City, California that was subject to Defendant JP Morgan Chase Bank, National Association's (“Chase”) deed of trust, which was received by Chase through receivership by the FDIC from the original lender Washington Mutual Bank, FA. (FAC, ¶¶ 1, 11-12.) In November 2017, Plaintiff filed a Chapter 11 bankruptcy case and listed a fee simple interest in ...
2021.07.14 Amended Motion to Seal 500
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.14
Excerpt: ...mended redacted version of its response to the petition. The Court CONTINUES the hearing on the motion to confirm arbitration to _______ and orders Respondent to refile its exhibits electronically with the Court. BACKGROUND: On May 10, 2021, Petitioners Solatube International, Inc. and Brighter Concepts Inc. dba Solatube Home Daylight filed a petition to confirm the arbitration award against Respondent QC Manufacturing, Inc. On June 15, 2021, the...
2021.07.13 Motion to Compel Post-Judgment SROGs 935
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.13
Excerpt: ...e amount of $1,148.65. The Court GRANTS Triple 8's ex parte application for an order shortening time to hear the motion to be relieved as counsel. BACKGROUND: On August 1, 2019, judgment in the amount of $374,797.59 was entered in favor of Plaintiff LA Live Properties, LLC against Defendant and Judgment Debtor, Triple 8, LLC. (08/01/19 Judgment After Motion for Summary Judgment.) On August 10, 2020, the Court denied Judgment Creditor LA Live Prop...
2021.07.13 Motion for Summary Judgment, Adjudication 659
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.13
Excerpt: ...that “after Plaintiff Charlene Andersson, a teacher employed by Newhall School District, complained about her principal's unethical conduct regarding a student's individualized education plan, the District and its administrators retaliated against Plaintiff by physically accosting her, issuing her a false and belated performance evaluation, issuing her written discipline based on false charges, and forcing her to enter the peer assistance progr...
2021.07.12 Motion to Tax Costs, for Attorney Fees 121
Location: Los Angeles
Judge: Linfield, Michael P
Hearing Date: 2021.07.12
Excerpt: ...303 LLC, commenced this action on September 11, 2018. On December 28, 2018, Plaintiff filed the first amended complaint (“FAC”) against Defendants Renee K. Kwan, Vibrant Developments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The causes of action in the FAC include (1) brea...

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