Excerpt: ...ry liability arising out of a vehicle accident on April 16, 2019, at or near the intersection of Puente Avenue and Merced Avenue in Industry. Defendant filed an answer to the complaint on August 31, 2022. On April 4, 2024, Proposed Intervenor Loya Casualty Insurance Company (“Loya”) filed this motion for leave to intervene and file an Answer-in- Intervention. Plaintiffs filed an opposition on May 2, 2024. No reply has been filed. Legal Standa...

Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...

Excerpt: ...I -CA, Inc., Marriot International, Inc. dba Los Angeles Airport Marriot, Naville Andrew McGlover, and and Does 1 to 100 for injuries arising from a motor vehicle incident on March 3, 2020 at Terminal 5 of 400 World Way, Los Angeles, CA 90045. (Compl. at p. 4.) The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) breach of statutory duty (Motor Vehicle Code 17001, 17002, 17150) aga inst all named defendants and D...

Excerpt: ...Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful/retaliatory eviction could have/should have be en raised in an earlier filed and litigated unlawful detainer action. In Opposition, Plaintiff argues that her claim ...

Excerpt: ...Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) Violations of Civil Code § 1798.93; 5) Breach of Fiduciary Duty; 6) Professional Negligence; 7) Unfair Business Practices; 8) Fraudulent Concealment; 9) Negligent Misrepresentation; 10) Fraud; 11) Slander of Title; 12) Constructive ...

Excerpt: ...'s Motion to Strike Portions of the Complaint. I. Background A. Pleadings Plaintiff Patricia Maravilla sues Defendants Air Tiger Express (USA) Inc. (ATE), Matthew Tran, and Does 1 through 10 pursuant to an October 18, 2023, Complaint alleging claims of (1) Discrimination on the Basis of Age (Cal. Govt. Code § 12940(a), et seq.), (2) Harassment on the Basis of Age (Cal. Govt. Code § 12940(j), et seq.), (3) Hostile Work Environment Harassment on ...

Excerpt: ...and 4 th) which are barred on the FAC of the FAC by the statute of limitations, and SUSTAINED as to the fraud causes of action (5 th, 6 th and 7 th) with oral argument as to whether further leave to amend should be permitted. (2) Defendants' Motion to Strike is Mooted I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 th...

Excerpt: ... Cross-Complaint is DENIED as MOOT in part (i.e., as to punitive damages) and GRANTED in part (i.e., as to attorney's fees). Background Plaintiff Haha Smart, Inc. (“HSI”) alleges as follows: HSI is a general contractor. On April 8, 2022, HSI entered into a written Solar Home/Building Improvement Agreement (“Agreement”) with Walter Ocheaga (“Ocheaga”), wherein HSI agreed to furnish all labor, materials, and equipment to complete certai...

Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte...

Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...

Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Expre...

Excerpt: ...torney's fees is GRANTED in the reduced amount of $379,649.25. I. BACKGROUND This is a wrongful termination action arising from plaintiff Rene Martinez's (“Plaintiff's”) employment with defendant Farmers Financial Solutions, LLC (“Farmers”) from February 2015 through March 2018. On January 23, 2019, Plaintiff filed this action's Complaint against defendants Farmers, Steve Klein (“Klein”), and Jimmy Coicoechea (“Coicoechea”). The C...

Excerpt: ...ants. _______ GREENSPOON MARDER, LLP , Cross -Complainant, v. JEFFREY BERNSTEIN, SUPERIOR EQUIPMENT SOLUTIONS, and ROES 1 -100. Cross -Defendants . Case No.: 19STCV27890 Hearing Date: 5/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff and Cross -Defendant Eisner LLP's Motion for Attorneys' Fees. I. Background A. Pleadings 1. Complaint [Eisner LLP] On August 7, 2019, Plaintiff/Cross -Defendant Eisner LLP filed a Complaint alleging claims of ...

Excerpt: ...anuary 23, 2024, Plaintiff, Karin Friedman (“Plaintiff”) filed a Complaint against Defendants, Anthony Cavuoti, LMFT, Carellon Behavioral Health of CA, Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Professional Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Hiring. On March 5, 2024, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: : (1) Profes...

Excerpt: ...23, Plaintiff Bahador Mikhak (“Plaintiff”) filed this action against Defendant Christine Snell (“Snell” or “Defendant”) for defamation. The Complaint alleges the following. Snell along with her sister, Julie Skujins (“Skujins”), fabricated a false domestic violence incident against Plaintiff to damage his reputation and to prevent him from gaining custody of his child. (Complaint, ¶ 3.) Skujins is the mother of Plaintiff's child ...

Excerpt: ...al real property. On September 1, 2022, plaintiff Puente Hills Business Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (co llectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. Following a non -jury trial on February 23, 2024,...

Excerpt: ...settlement. Background Plaintiff Evi Herrera Orantes (Plaintiff) filed a complaint on behalf of himself, other aggrieved employees, and the State of California, against Defendant International School of Los Angeles – Lycee International De Los Angeles (Defendant) for Private Att orneys General Act (PAGA) penalties for that various wage and hour claims. On December 5, 2023, the Court granted preliminary approval of the class and PAGA settlement....

Excerpt: ...effrey Qiuhong Yang (“Plaintiff”). The Court DENIES Defendant's requests for issue and evidentiary sanctions as MOOT. The Court GRANTS Defendant's request for monetary sanctions, subject to argument as to the reasonableness of the hours claimed by Defendant. Background Plaintiff is Defendant's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it ter...

Excerpt: ...ief based upon a violation of the California Coastal Act. Plaintiff Joseph Roesler, as a taxpayer, alleges that Defendant the City of Los Angeles illegally blocked access to the beach by prohibiting parking along both sides of Vista Del Mar, a road running parallel to Dockweiler Beach from Imperial Highway to Napoleon Street (the “Subject Roadway”). Plaintiff alleges that Defendant acted in violation of the California Coastal Act (“COLA”)...

Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...

Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...

Excerpt: ...n May 21, 2020. On April 25, 2022, Plaintiffs Lee Shai Chiu Wu and Josephine Wu filed a complaint against Defendants GDL Delivery Corp., Rafael Famoso Campos, and Lucio Famoso Campos, alleging causes of action for motor vehicle and general negligence, stemming from a vehi cle collision that occurred on May 21, 2020. On May 23, 2023, these cases were consolidated. On April 4, 2024, Defendants filed this motion for leave to file an amended answer. ...

Excerpt: ...olation of Business and Professions Code, sections 17200 et seq. ; and (3) failure to pay wages due. The Court GRANTS the motion as to Plaintiff's claims for violation of meal and rest breaks and violation of Business and Professions Code, sections 17200. The Court DENIES the motion as to Plaintiff's claim for failure to pay wages. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Sel...

Excerpt: ...July 25, 2023. Plaintiff alleges that Defendants foreclosed on Plaintiff's home without reviewing her loss mitigation applications or contacting her before recording the Notice of Default. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. This ruling is without prejudice to a procedurally proper motion for leave to file an amended or supplementa...

Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...