Excerpt: ...85,203.35, comprising $226,580.00 demanded in the complaint, $4,030.85 in costs, and $54,592.50 in attorney fees. The Court notes a number of defects with the submitted default judgment package. First, Item 2(a) of the Request for Court Judgment (Form CIV-100) indicates that Plaintiff seeks $226,580.00 in damages demanded in the complaint. However, the “Balance” line lists $123,780.00 in damages even though no “Credits acknowledged” are s...

Excerpt: ...iation”), Julio Vargas, and Flavio Fargas. The Complaint asserts seventeen causes of action. On April 28, 2022, the parties in this action participated in a Mandatory Settlement Conference. (Seals Decl., ¶ 5.) The matter was settled by allowing Plaintiff to purchase Vargas Association for the sum of $200,000.00. (Seals Decl., ¶ 5.) On May 20, 2022, the Court issued a minute order providing, inter alia, that “[t]he Court, having obtained a N...

Excerpt: ...UMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION Background Plaintiff Jose Luis Anguiano (“Plaintiff”) filed this action on March 3, 2021, against defendants National General Insurance Company (“NGIC”), Integon National Insurance Company (“Integon”), Freeway Insurance Services, Inc. (“Freeway Insurance”), Freeway Insurance Services America, LLC (“Freeway Insurance America”), All Star General Insurance Agency (“Al...

Excerpt: ...MPEL ARBITRATION Background Plaintiff Gonzalo Moreno, as an aggrieved employee, and on behalf of all other aggrieved employees under the Labor Code Private Attorneys' General Act of 2004 (“Plaintiff”) filed this action against Defendant Unisource Solutions, Inc. (“Defendant”) on April 20, 2022. The Complaint asserts one cause of action for civil penalties under the Private Attorneys General Act of 2004 (“PAGA”). Defendant now moves fo...

Excerpt: ...une 21, 2019 against, inter alia, Defendants Leon Richard Mays (“Mays”), Michael Anthony Verdugo dba Verdugo & Associates (“Verdugo”), and Darryl Wayne Daniels (“Daniels”). The operative Third Amended Complaint (“TAC”) was filed on October 12, 2021. The TAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) “withdrawn,” (5) violation of Business and Professions Code s...

Excerpt: ...ANCE COMPANY OF NORTH AMERICA'S MOTION FOR GOOD FAITH SETTLEMENT DETERMINATION AND RELATED CROSS-ACTIONS Background On April 24, 2020, Plaintiffs Noel C. McDaid, Eileen McDaid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, “Plaintiffs”) filed this action against various defendants, including Defendant Allianz Life Insurance Company of North America (“Allianz”). The operative Thi...

Excerpt: ...and 583.360 Background Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) filed this Proposition 65 (“Prop 65”) action on June 20, 2017. The operative Second Amended Complaint (“SAC”) was filed on January 19, 2021, alleging that various defendants exposed California consumers to lead without Proposition 65 warnings through the manufacture and sale of certain food products (spices). This action was later consolidated with Consumer A...

Excerpt: ...Plaintiff”) filed this action against Defendants Clay Lacy Aviation, Inc. (“CLA”) and Steven Lee (“Lee”) (jointly, “Defendants”) on October 29, 2021. In the Complaint, Plaintiff asserts causes of action for (1) sexual battery, (2) gender violence, (3) civil rights violation, (4) sexual harassment, (5) retaliation, (6) discrimination, (7) wrongful termination in violation of public policy, (8) wrongful termination, (9) failure to pre...

Excerpt: ...6, 2021 against Defendant Jaguar Land Rover North America, LLC (“Defendant”). The Complaint alleges causes of action for (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act, and (2) breach of express warranty under Song-Beverly Warranty Act. Plaintiff indicates that the parties entered into a settlement, whereby Defendant agreed to pay $61,000.00, inclusive of a loan payoff to Plaintiff in exchange for the subjec...

Excerpt: ...oore appeal[ed] from the judgment on a number of grounds, most notably the trial court's refusal to consolidate the unlawful detainer case against him with another action then pending in the superior court, brought by Moore , seeking quiet title to the property based on allegations that Martin-Bragg 's title to the property was actually held in trust for Moore 's benefit.” (Ibid.) The Court of Appeal concluded that “the trial court abused its...

Excerpt: ...rny”) and Irina Ermakova (“Ermakova”) (jointly, “Plaintiffs”) filed the instant action against Defendants Samuel Ohana (“Ohana”), Tamim, LLC (“Tamim”), The Barbara Willa Johanna Katt Living Trust (the “Trust”), and Marks and Associates, a California Accountancy Corporation (“Marks and Associates”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on August 18, 2022, and asserts...

Excerpt: ...On September 13, 2022, Plaintiff 801 Properties LP (“Plaintiff”) filed this unlawful detainer action against Defendants Kemar Newell (“Newell”) and Debbie Wright (“Wright”) (jointly, “Defendants”). Newell, in pro per, now demurs to the Complaint. Wright, in pro per, also demurs to the Complaint. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack ...

Excerpt: ...aramount Unified School District (“Defendant”). The Complaint asserts causes of action for (1) discrimination on the basis of race; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) disability discrimination. Defendant now moves for summary judgment or, in the alternative, summary adjudication of issues. Plaintiff opposes. Evidentiary Objections The Court rules on Defendant's Revised Objectio...

Excerpt: ...ns and Terri Burns (jointly, “Plaintiff”) filed this action against Defendant General Motors, LLC (“GM”) on August 23, 2021. The Complaint asserts causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song-Beverly Act, and (3) fraudulent inducement - concealment. On February 14, 2022, the Court issued an Order sustaining GM's demurrer to the third cause ...

Excerpt: ...�), by and through his guardian ad litem, Paola Mejia, Noe Reyes Lopez, and Paola Mejia (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz. On February 13, 2019, Plaintiffs filed an amendment to the Complaint naming PI Properties No. 79, LLC (“PI Properties”) in place of “Doe 21.” The operative Third Amended Complaint (“TAC”) was filed on June 26, 2020, and asserts ...

Excerpt: ...fendants Marada Enterprises, LLC dba Marada Pictures (“Marada”) and Sarah Lazow (“Lazow”) (jointly, “Defendants”). The operative First Amended Complaint was filed on January 14, 2020 and asserts causes of action for (1) breach of contract, (2) fraud in the inducement, and (3) intentional interference with contractual relations. Marada filed a Cross-Complaint against Gibb on October 9, 2019, and an Amended Cross- Complaint on February ...

Excerpt: ..., by and through his guardian ad litem, Paola Mejia, Noe Reyes Lopez, and Paola Mejia (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz. On February 13, 2019, Plaintiffs filed an amendment to the Complaint naming PI Properties No. 79, LLC (“PI Properties”) in place of “Doe 21.” The operative Third Amended Complaint (“TAC”) was filed on June 26, 2020, and asserts ca...

Excerpt: ...”) filed this action on November 12, 2020 against Defendants Jim Falk Motors of Beverly Hills, Inc. and Toyota Motor Credit Corporation, dba Lexus Financial Services (“TMCC”) (jointly, “Defendants”). Plaintiff asserts causes of action for (1) financial abuse of an elder, (2) negligence, (3) intentional infliction of emotional distress, (4) breach of covenant of good faith and fair dealing, (5) violation of the Rosenthal Fair Debt Collec...

Excerpt: ...OSS-ACTIONS Background Plaintiff Earl Douberley (“Plaintiff”) filed this action on April 16, 2020 against Defendant Alexander Andrew, Inc. d/b/a FallTech (“FallTech”), alleging causes of action for (1) negligence, (2) strict products liability – design defect, (3) strict products liability – manufacture defect, (4) strict products liability – failure to warn, (5) breach of express warranty, (6) breach of implied warranty, and (7) ne...

Excerpt: ...ion (“Plaintiff”) filed this action on July 26, 2019 against Defendants Perennial Engineering & Construction, Inc., dba DM Construction Services (“Perennial”); SBBC Associates Inc. dba Stonemark Construction Management; and Angelus Waterproofing & Restoration, Inc. (“Angelus”). The Complaint asserts causes of action for (1) breach of contract, (2) breach of express warranty, (3) breach of implied warranty, (4) negligence, and (5) stri...

Excerpt: ...intiff”) filed this action on January 12, 2021 against Defendants City of Los Angeles (the “City”), Los Angeles Zoo, and Adrianna Matthews. The original Complaint alleged causes of action for (1) negligence, (2) premises liability, (3) negligence per se, (4) violation of Government Code § 835, (5) negligent hiring and retention, and (6) battery. Plaintiff filed the First Amended Complaint (“FAC”) on February 4, 2022 against the City, L...

Excerpt: ...ed this action on May 20, 2022 against Defendants Palmdale School District, Edgar Ortega, Melissa Contri, and Larry Leuck (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on October 26, 2022 and asserts causes of action for (1) racial harassment (hostile work environment) in violation of FEHA; (2) racial discrimination in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent h...

Excerpt: ...lemon law action on May 25, 2022, against Defendant Nissan North America, Inc. (“Defendant”). The Complaint asserts 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 express written warranty, and (5) breach of the implied warranty of merchantability. Plaintiffs allege ...

Excerpt: ...ssi”); Robert A. Koenig (“Koenig”); Alessi & Koenig; Alessi & Koenig, a Professional Corporation; and Alessi & Bayard. Siegel filed the operative Second Amended Complaint (“SAC”) on July 29, 2019, asserting causes of action for (1) breach of fiduciary duties, (2) constructive fraud, (3) intentional misrepresentation, and (4) legal malpractice. On March 8, 2019, Koenig filed a Cross-Complaint against Alessi for indemnity and contribution...

Excerpt: ...9 against Defendants Peter Thiel and Lorien Sunset LLC (“Lorien Sunset”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) negligence, (2) nuisance, (3) trespass, (4) breach of contract, and (5) negligence per se. In the Complaint, Keenan alleges that Lorien Sunset holds title to property at 8600 Metz Place (aka 8635 Metz Place and 8550 Hedges Place) in Los Angeles. (Compl., ¶ 1.) In February 2019, a landslide emana...