Excerpt: ...e and good faith attempt to resolve informally: Yes, Ex. C FACTUAL BACKGROUND: Plaintiff Francisco J. De La Torre Urrutia alleges that in May of 2022, plaintiff purchased a 2021 Kia Sorento with an accompanying written warranty from defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the uti lity or performance of the vehicle or provide compensation if there was a failure in such utility or performance. ...

Excerpt: ...e Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Tammyro...

Excerpt: ...of the instant hearing o n May 3, 2024, in the amount of $159,688.59, plus $775.19 each day thereafter. Petitioner ABP Parcel 8, LLC (“ABP”) (“Petitioner”) moves for an order awarding it attorneys' fees and interest against Respondent Marina Pacifica, LLC (“MP”) (“Respondent”) as the prevailing party in the instant case by way of the Court granting Petitione r's petition to confirm the arbitration award (“Award”) and denial of...

Excerpt: ...d this action against Defendants Gheorghe Firescu and Gabriela Firescu. On May 14, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1)¿failure to pay minimum wage ( Labor Code section 1197),¿(2)¿failure to compensate for all hours worked (Lab.¿Code, § 1198), (3 )¿failure to pay overtime compensation ( Lab.¿Code, § 1198),¿(4)¿failure to pay meal period compensation (Lab.¿Code, § 22...

Excerpt: ...ce with prospective economi c advantage, and false advertising. On June 8, 2022, the Court found related cases 19STCV36480 and 22STCV14150, and designated 19STCV36480 as the lead case. On October 31, 2022, the Court sustained Starline's Demurrer to the Complaint's third cause of action for intentional interference with prospective economic advantage. On December 7, 2022, Starline filed: (1) Answer to the Complaint; and (2) Cross-Complaint against...

Excerpt: ...; (3) constructive trust; and (4) declaratory relief. Now, Defendant moves for a judgment on the pleadings. The motion is unopposed. Discussion Defendant argues that Plaintiff's motion is barred by res judicata/collateral estoppel. The doctrine of res judicata precludes the re -litigation of certain matters which have been resolved in a prior proceeding under certain circumstances. (Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th ...

Excerpt: ...f Defendants The Camera Division, LLC (“TCD”), Lainer Development, Inc. (“Lanier”), S & S Investments General Partnership (“S&S”), located at 7351 Fulton Avenue, North H ollywood, CA. He alleges that the premises were negligently and carelessly owned, maintained, managed, controlled, inspected, and/or repaired so as to cause a dangerous condition. Plaintiff alleges that the dangerous condition consisted of a bathroom sink that became ...

Excerpt: ...ANTED. Plaintiffs to give notice. Plaintiffs allege that defendants were hired to drive them, and defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehicle. Plaintiffs further allege that defendant Miguel A. Pacheco drove under the influence of marij uana at the time of the accident, and that defendant Platinum Transportation Group, Inc. knew about Pacheco's history of marijuana use and still allowed him to...

Excerpt: ...icle accident with Defendants Christopher J. Sandoval and Romany Sadek Metry, who were operating the other vehicle. Plaintiffs allege that Defendants' vehicle was owned by Defendants Hector Sandoval and Romany Sadek Metry and they entrusted the vehicle to Christopher J. Sandoval and Romany Sadek Metry. Plaintiffs allege that Defendants negligently owned, operated, used, drove, maintained, loaned, and/or entrusted their motor vehicle such that it ...

Excerpt: ...oenas against Defendant Adan Villareal (“Defendant”), but denied the request for sanctions, given the procedural defect in filing the motion. (Min. Order, 2/27/24.) The Court found tha t the motion was served five days after the statutorily required deadline for notice. The Court granted a short continuance to give Defendant time to respond, but Defendant submitted on the tentative. The Court mailed notice of the order to Plaintiff on Februar...

Excerpt: ...ING PARTY: Plaintiff Alan Martinez (“Plaintiff”) NOTICE: OK RELIEF REQUESTED: An order from this Court to set aside the default entered by the Clerk on March 13, 2024, against Northpoint School (“Northpoint”). TENTATIVE RULING: The Motion to Set Aside is GRANTED. BACKGROUND This case arises from alleged injuries sustained by Plaintiff, caused by another student while attending Defendants' school. On February 1, 2023, Plaintiff filed a Com...

Excerpt: ... is a sister and heir of Evangeline Rodriguez (“Ms. Rodriguez”), who was a resident of Defendant's skilled nursing facility. Plaintiffs allege that Defendant failed to establish mandated safety protocols due to the COVID - 19 pandemic. As a result, Ms. Rodriguez died on December 17, 2020, after contracting the virus. Plaintiffs alleges claims for elder abuse, violation of residents' rights, negligence, and wrongful death. A jury trial commenc...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ...TION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Ex. B FACTUAL BACKGROUND: Plaintiff Olga Miroshnikova alleges that in February of 2022, plaintiff was lawfully turning left into the left lane at an intersection in Glendale, when defendant Nairi Hunanyan operated his vehicle without caution and in such an unsafe manner that it ca used a violent collision into plaintiff's vehicle, as a result of which plaintiff is hu...

Excerpt: ...aintiffs move for an order summarily adjudicating that Defendant is liable on the First Cause of Action for Breach of Contract, for at least $6,000.00. Defendant opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “plaintiff . . . has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action.” Code Civ. Proc., § 437c(p)(...

Excerpt: ..., summary adjudication of all causes of action. TENTATIVE RULING : Summary judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 23, 2022, Plaintiffs Win Pont Investment, Inc. (“Win”), Excelsior Pre -School, LLC (“EPS”), and Excelsior Online Tutoring (“EOT”) (collectively, “Plaintiffs”) has brought suit against Defendant Scott Balanda (“Defendant” or “Balanda”) for (1) breach of confidentiality agree...

Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...

Excerpt: ...or summary adjudication is denied, in part, and granted, in part. Rodeny Yamane, et al.'s Motion to Bifurcate Trial is moot. Background Plaintiff filed the Complaint on June 22, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into an agreement whereby Plaintiff would maintain, repair, and upgrade the subject real property located at 7801 Westlawn Avenue, Los Angeles, CA 90045. The agreement was that when Rodney Yaman...

Excerpt: ...ndo Cazares (“Cazares”), Fidel Calderon, Cazares Services LLC (Doe 1), Thomas Franklin Henry (Doe 2), and Orchids de Oro, Inc. (Doe 3) for damages arising from a motor vehicle incident. On April 2, 2024, Cazares filed the instant motion for terminating sanctions to dismiss plaintiff Marina Ruiz's (“Plaintiff Ruiz”) complaint against them for failure to abide by the Court's January 26, 2024 Order that she serve verified responses to form i...

Excerpt: ...ant”), and Does 1 through 10. Defendant filed an Answer on March 22, 2023. On March 11, 2024, Defendant filed this motion for terminating sanctions. No opposition has been filed. Legal Standard When a party fails to obey a court order compelling further responses to interrogatories or requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating s...

Excerpt: ...garding various causes of action arising from the Parties' business rela tionship. On July 12, 2022, Defendant/Cross-Complainant filed: (1) Cross - Complaint against Plaintiffs/Cross -Defendants Forward Westwood, Inc., Forward Calabasas, Inc., Paul Morris, Edward Krifcher, and Joseph Sacavitch; and (2) Answer to the Complaint. On August 15, 2022, Plaintiffs/Cross- Defendants filed their Answer to the Cross-Complaint. On February 28, 2024, the Cou...

Excerpt: ...nc. Plaintiff's application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. There is no...

Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...

Excerpt: ...tion has the burden of proving by a preponderance of evidence that a valid arbitration agreement exists. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842; see also § CCP 1281.2. A party meets its initial burden simply by reciting the terms of the governing provision, or by attaching a copy of the provisions. Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793. Once the petitioner meets its burden, “the burden shifts to the p...

Excerpt: ...DEMURRER 1 RELIEF REQUESTED Defendant Elvis Madatyan moves for an order sustaining his demurrer to the Third, Fourth, Fifth, Sixth, Seventh, and Ninth Causes of Action of Plaintiffs' First Amended Complaint (FAC) pursuant to CCP § 430.10. BACKGROUND An initial Complaint was filed in this action on 9/19/2023. There was no demurrer hearing as to the initial Complaint. The FAC was filed on 2/2/2024. The instant action surrounds allegations that sev...