Excerpt: ... 2016 BMW 550i, manufactured and warranted by Defendant BMW of North America, LLC (“Defendant”). On March 14, 2019, plaintiff Talin Chakaria (“Plaintiff”) filed the instant motion to compel the deposition of Defendant's person most knowledgeable (“PMK”) as well as the production of documents. Defendant has filed opposition papers, and Plaintiff has filed a reply.[1] Legal Standard Pursuant to Code of Civil Procedure section 2025.450, ...

Excerpt: ...Paulo Chun (“Chun”) (collectively “Defendants”) RESPONDING PARTY: Plaintiff Smyrna Church, Inc. (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On March 7, 2019, Plaintiff filed a Fourth Amended Complaint in this action. In the Fourth Amended Complaint, Plaintiff asserts a cause of action for negligence (2 nd) against Defendants, a cause of action for negligence vicarious liability (3 rd) again...

Excerpt: ...ENDED CROSS- COMPLAINT Background On June 6, 2016, Polaris commenced this action against Peter John Simrose, Banu Aslan Simrose (“the Simroses”) and Does 1 to 50 alleging causes of action for (1) breach of contract, (2) services rendered, (3) unjust enrichment, (4) quantum meruit, (5) open book account, (6) foreclosure of mechanic's lien, (7) intentional misrepresentation, (8) negligent misrepresentation and (9) bad checks in violation of Civ...

Excerpt: ...otice of non‐opposition. No reply has been filed. BACKGROUND On February 15, 2018, Plaintiff Farideh Bagheri (“Bagheri”) filed a complaint against Defendants Ann C. Stevenson (“Stevenson”); all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in this complaint; and Does 1 through 20 for (1) quiet title; (2) declaratory relief; and (3) cancellation of instrument. On July 6,...

Excerpt: ...crimination, and wrongful termination by her former employer, defendants Los Angeles Section National Council of Jewish Women, Inc. and Hillary Selvin. On July 20, 2018, Plaintiff filed the instant motion to compel further responses to special interrogatory (“SROG”) set three, from Defendant National Council of Jewish Women, Inc. (“Defendant”). On May 16, 2019, Defendant filed its opposition and response to Plaintiff's separate statement....

Excerpt: ...envenu Sr. (“Plaintiff”) The Court has considered the moving, opposing, and reply papers. BACKGROUND On December 6, 2018, Plaintiff filed this lemon law action against FCA alleging a cause of action for (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; and (3) fraudulent inducement- concealment. The complaint alleges the following: On February 5, 2016, Plainti...

Excerpt: ...rt has considered the moving, opposing and reply papers. BACKGROUND On October 9, 2018, Plaintiff commenced this action against defendants Athas, Brian <001800030044004f004f00 00580056004800560003[of action for (1) wrongful termination in violation of public policy, (2) retaliation in violation of the Fair Employment and Housing Act, (3) retaliation in violation of public policy, (4) violation of Labor Code § 98.6, (5) violation of Labor Code §...

Excerpt: ... Boulevard, Los Angeles, CA 90017 (“Property”). The Complaint alleges the following: Plaintiffs and Defendant Ward Trust own varying fee simple interests in the Property. Plaintiffs seek to liquidate the Property's equity. To this end, Plaintiffs each signed a listing agreement to market the Property for sale and tendered the agreement to the Ward Trust. To date, the Ward Trust refuses to sign. Plaintiffs have also proposed that the Ward Trus...

Excerpt: ...ans' Services, Inc., dba Blue Shield of California, Inc. (“Defendant”) alleging a single cause of action for breach of contract. On July 30, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for: (1) breach of the implied covenant of good faith and fair dealing; (2) breach of contract; and (3) violations of Business & Professions Code section 17200. The FAC alleges the following: (1) Plaintiff has been cove...

Excerpt: ... Does 1‐5 alleging causes of action for (1) actual and/or perceived disability discrimination, (2) failure to accommodate, (3) failure to engage in the interactive process, (4) unlawful retaliation, (5) unlawful harassment, (6) failure to prevent harassment, discrimination, and/or retaliation, (7) violation of Health and Safety Code section 1278.5, (8) violation of Labor Code section 1102.5, (9) wrongful adverse employment actions in violation ...

Excerpt: ...ndant”). On February 20, 2019, Plaintiff Federico Lazo (“Plaintiff') filed the instant motion to compel further responses to Request for Production of Documents (Set One). [1] Defendant filed opposition papers. Plaintiff filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide full and complete responses to Request for Production of Documents (Set One) Nos. 9, 16, 33, 34, 37‐43, 45, 48, and ...

Excerpt: ...d Bruce A. Fields (“Fields”) (collectively, “Defendants”) RESPONDING PARTY: Plaintiffs Dr. Cadrin E. Gill, CEO (“Gill”) and Vernon Property Group, Inc. (“Vernon Property”) (collectively, “Plaintiffs”) The Court has considered the moving, opposing and reply papers. BACKGROUND Plaintiffs commenced this legal malpractice action against their former counsel on June 12, 2017. After the Court granted leave to do so, Plaintiffs filed...

Excerpt: ...ties for music. In the complaint, plaintiff Louis Mayorga (“Plaintiff”) alleges that he was represented by attorney Evan S. Cohen in the prior litigation entitled, Louis Mayorga v. Lisa Fancher, LASC Case No. BC643234, and that Defendant Cohen negotiated a settlement agreement whereby a third-party record company, Cleopatra Records, Inc., would buy-out the rights to Plaintiff's record album. Plaintiff alleges that Mr. Cohen did not disclose v...

Excerpt: ...hrough 50 alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) constructive trust, (4) promissory estoppel, (5) negligent misrepresentation, (6) intentional misrepresentation, and (7) fraud. On April 5, 2018, Auto Traders purportedly filed an Answer to the Complaint. This Answer is unsigned and the person filing the Answer is undisclosed. At the Case Management Conference on July 20, 201...

Excerpt: ...”). On January 3, 2019, [1] Plaintiff Kimberly D'Ambra (“Plaintiff”) filed the instant motion to compel further responses to Special Interrogatories (Set One) against Defendant. Defendant filed opposition papers. Plaintiff filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide full and complete responses to Special Interrogatories Nos. 1, 14, 25, 26, 27, 31, 34, 35, 36, 40, 41, 43, 45, 46,...

Excerpt: ... for terminating sanctions or in the alternative issue or evidentiary sanctions against Defendant/Cross Complainant Netxperts Inc. (“Netxperts”) for Netxperts' failure to obey multiple discovery orders issued by the Court. Plaintiff also seeks sanctions in the amount of $2,600. The motion was unopposed. This motion was initially scheduled to be heard on February 6, 2019. Counsel for Netxperts appeared at the hearing on February 6, 2019 and re...

Excerpt: ...ipt of opposition or reply papers. BACKGROUND On March 1, 2018, Plaintiff Cynthia Sada commenced this action against defendants Gloria's Flowers, AAA Gloria's Flowers (jointly “Gloria's Flowers”) and Does 1 to 50 alleging causes of action for negligence and premises liability arising out of injuries sustained when Plaintiff fell while walking down steps on Defendants' premises. <000f00030049004c004f00 00560056001000260052[mplaint against Plai...

Excerpt: ...”) filed the instant motion to compel an independent mental examination of plaintiff Luis Pineda (“Plaintiff”). On April 24, 2019, Plaintiff filed an opposition. On April 30, 2019, Defendant filed a reply. Defendant seeks an order requiring Plaintiff to submit to the examination on June 19, 2019 at 11:00 a.m. at Dr. Rosenberg's office, located 21900 Burbank Blvd., Third Floor, Woodland Hills, California 91367. Legal Standard Where the p...

Excerpt: ... (“Remy”) (jointly “Defendants”) on May 8, 2017 alleging causes of action for wage and hour violations under the Labor Code and Unfair Business Practices. On April 15, 2019 Plaintiff filed the instant motion to compel defendant Mathew to appear at trial and produce certain documents. The motion was initially scheduled for August 14, 2019. However, on April 17, 2019, the Court granted Plaintiff's ex parte motion and advanced the hearing on...

Excerpt: ...ng and reply papers. BACKGROUND On March 1, 2018, plaintiff Ruth Flores (“Plaintiff”) filed this action against defendants City of Pomona (“the City”), Michael Neaderbaomer (“Neaderbaomer”) and Does 1 to 10 (jointly “Defendants”), alleging seven causes of action related to workplace gender and sexual orientation discrimination based on Government Code sections 12940 et seq. Plaintiff alleges that she was harassed and retaliated ag...

Excerpt: ...e's Restaurants LLC, Applebee's Restaurants West LLC, Applebee's Franchisor LLC, Apple American Group LLC, Apple American Group II LLC, Apple Socal LLC, Apple Socal II LLC (collectively “Apple”), Flynn Restaurant Group (“Flynn”), Lance Dombroski (“Dombroski”), Jose Pancheco (“Pancheco”), Nelson Johnson (“Johnson”), Frankie Valle (“Valle”) and Does 1 to 100 for wrongful termination in violation of FEHA and the Labor Code, s...

Excerpt: ...LC (“Defendant”). On January 3, 2019[1], plaintiff Kimberly D'Ambra (“Plaintiff”) filed the instant motion to compel further responses to form interrogatories (“FROGs”) from Defendant. Defendant has filed opposition papers. Plaintiff has filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide proper response to FROGs numbers 1.1, 12.1, 15.1 and 17.1. Plaintiff also seeks sanctions in ...

Excerpt: ... Ria Canlas (“Plaintiff”) filed the instant motion to compel further responses to requests for production (“RPDs”) and special interrogatories (“SROGs”) from defendant General Motors LLC (“Defendant”). On March 26, 2019, Defendant filed opposition papers. On April 2, 2019, Plaintiff filed reply papers. 1 While discovery responses were served on May 17, 2018, thereby making Plaintiff's deadline to file the instant motion July 6, 20...

Excerpt: ...�). RESPONDING PARTY: Plaintiff Better 4 You Breakfast, Inc. (“Plaintiff”). The Court has considered the moving, opposing and reply papers. BACKGROUND On September 20, 2018, Plaintiff filed a complaint against Defendants and Does 1 to 20 alleging causes for (1) breach of oral contract, (2) breach of fiduciary duty, (3) accounting, (4) fraud, (5) negligent misrepresentation and (6) Unfair Competition in Violation of Business and Professions Co...

Excerpt: ...efault judgment -- $1,919,778.08 – and still fails to explain how Plaintiffs arrived at this figure. In seeking to explain Plaintiffs' damages resulting from Defendants' breach of fiduciary duty and legal malpractice, Azordegan asserts that the jury awarded plaintiff Azordegan the sum of $365,000, and the jury awarded plaintiff 1 Source Global Tech the sum of $950,000 in BC365798. (Id. par 9.) Azordegan states that despite being the prevailing ...