Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: ... Trial: June 14, 2024 MOVING PARTY: Defendants Roberto D. Banuelos and Revel Management Group, LLC RESPONDING PARTY: Plaintiff Hugo Villasenor individually and derivatively on behalf of Revel Management Group, LLC The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a claim by Plaintiff that he has an ownership interest in Defendants' business. The currently operative first amended complaint (the �...

Excerpt: ... Motion to Compel Plaintiff's Deposition and Request for Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Los Indios de San Gabriel, Inc., and Andrew Salas (“Defendants”) move the court for an order (1) compelling plaintiff Emilio Reyes (“Plaintiff”) to appear for and testify at a videotaped, in- person deposition, and (2) awarding monetary sanctio...

Excerpt: ...ip agreement, breach of fiduciary duty, and an accounting. On November 15, 2023, Plaintiff filed this motion to compel Defendant's further responses to requests for production of documents (set two) (RFPs). LEGAL STANDARD A propounding party may move for an order compelling a further response to a demand for inspection if the propounding party deems that an answer or statement of compliance is evasive or incomplete, or that an objection is “wit...

Excerpt: ...sponses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Brian Rucker and Order for Sanctions in the Amount of $960 Against Plaintiff and/or His Attorneys of Re cord; and (2) Motion to Compel Responses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Valentina Malofiy and Order for Sanctions in ...

Excerpt: ... (Set One); and 5. Plaintiff Amilkar Frausto's Motion to Deem the Truth of Matters Specified in Requests for Admissions, Set One, Admitted and Conclusively Established. TENTATIVE RULING The Court GRANTS Plaintiff Amilkar Frausto's motion to compel responses to Special Interrogatories, Set One, Nos. 1 -3, 6- 27, 29 -33, 35- 36, 38-39, 41- 42, 44-45, 47- 48, 50-51, 62- 64, 78, 80, and 82. Defendant Ach Telecom, Inc. must provide verified, code -com...

Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...

Excerpt: ...age in the interactive process; failure to accommodate; retaliation in violation of Fair Employment and Housing Act; failure to prevent harassment, discrimination, or retaliation; negligent hiring, supervision, or retention; retaliation in violation of Labor Code section 1102.5; and wrongful termination in violation of public policy. On March 7, 2024, Defendants filed this motion to continue the trial and related dates and deadlines. DISCUSSION D...

Excerpt: ...the settlement agreement between Plaintiff and Defendants PSG California LLC (“PSG”), David Leedom (“Leedom”), and Beth Seara (“Seara”) (collectively, “Defendants”) that was entered into on September 20, 2023. (Notice of Motion Settlement, pg. 2; C.C.P. §664.6.) Plaintiff moves on the grounds that Defendants have breached the settlement agreement by failing to perform under the terms of the settlement in the following respects: b...

Excerpt: ...o the chemical gadolinium throughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack ...

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than $0.75 each. At the same time, Defendant was negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble. In reliance ...

Excerpt: ...al, Inc. (“Defendant”) RESPONDING PARTY: Plaintiffs Ollye G. Ingram, et al. (“Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of ...

Excerpt: ...endant Stylenquaza LLC (3) Shane Coons (Shane E. Coons, A Professional Law Corp.) for Specially Appearing Defendant Guidoni USA Inc. (1) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 10/13/2023) by Specially Appearing Defendant Cosentino Group, S.A. (2) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 12/04/2023) by Specially Appearing Defendant Stylenquaza LLC (3) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JU...

Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...

Excerpt: .... On January 31, 2024, Plaintiff filed a proof of service showing Defendant was served with the Summons and Complaint by substituted service on January 26, 2024. Plaintiff's registered process server served Defendant's co -occupant “Sara Lobos” mailbox at 18 718 Ambler Ave, Carson, CA 90746 - 2125 (the “Residence”) and mailed the Summons and Complaint to the same address. Defendant discovered the Summons and Complaint in his mailbox on Ja...

Excerpt: ... Complaint against Defendant Leonard Fenton (“Fenton” and “Defendant”) for (1) Harassment [Gov. Code § 12940(j)], (2) Wrongful Termination in Violation of Public Policy, ( 3) Intentional Infliction of Emotional Distress, (4) Misclassification as Independent Contractor, (5) Failure to Compensate for All Hours Worked, (6) Failure to Pay Overtime Wages, (7) Unpaid Minimum Wages, and (8) Failure to Provide Breaks. This action arises from Pla...

Excerpt: ...ed a stipulation for entry of judgment, indicating that the parties had settled, which is why Plaintiff dismissed the action, but Defendant had stopped making payments pur suant to the settlement. On February 15, 2024, the Court issued a Minute Order, declining to act on the stipulation on the basis that the voluntary dismissal of the entire action deprived the Court of the authority to do so. Plaintiff now moves to set aside the dismissal withou...

Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...

Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...

Excerpt: ...0 days leave to amend. Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC's; SBDTLA 2, LLC's; SBDTLA 3, LLC's; SBDTLA 4, LLC's; and Greystar California, Inc.'s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs' Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Pla...

Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...

Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...

Excerpt: ...OCEDURE § 170.6 CHALLENGE TO JUDGE COCHRAN Order to Show Cause re why the court should not, on its own motion, (1) reconsider and vacate Judge Cochran's March 5, 2024 order accepting plaintiff/relator Newton W. Kellam's March 4, 2024 Code of Civil Procedure section 170.6 challenge against Judge Coc hran and reassigning this matter to Judge Robert B. Broadbelt in Department 53 for all further proceedings, and (2) issue a new order denying plainti...

Excerpt: ...n (“Arbitrator Burstein”) issued an arbitration award in favor Petitioner Directors Guild of America, Inc. (“Petitioner”) and against Respondents Bontempo Productions, LLC (“Bontempo”), Cayman Filing Holdings Lim ited (“Cayman”), CAPCO Group, LLC (“CAPCO”), and Capitol Films Limited (“Capitol”) (collectively, “Respondent”) in the principal sum of $62,686.06 ($37,511.25 in residuals and $25,174.71 in late charges). The ...

Excerpt: ...hnicity by transferring him to a new work location and giving him increased work compared to non -Hispanic employees. Plaintiff brings causes of action for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) violation of Labor Code Section 1102.5. Plaintiff now moves to compel the deposition attendance of Defendant's person most knowledgeable. Defendant opp...