Excerpt: ...rowner, Tanique Taylor, Anthony Moore, Latasha McLemore, and Ralph Taylor (collectively, “Plaintiffs”) filed the instant action on February 5, 2018 against Defendants Carpenters Property Management, Equity Holding Corp.; Group XIII Properties LP, PAMA Management, Inc., and IE Rental Homes, Inc. The Complaint asserts causes of action for breach of implied warranty of habitability, negligence, nuisance, and violations of Civil Code section 1942...

Excerpt: ...nt Ford Motor Company (“Defendant”). Plaintiffs allege that they purchased a new vehicle from Defendant which they later discovered suffered from numerous defects and malfunctions. Plaintiffs allege that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song-Beverly”). On or about March 2, 2017, Defendant made a Code of Civil Procedure section 9...

Excerpt: ..., INC. TO PLAINTIFF'S COMPLAINT; (C) DEMURRER AND MOTION TO STRIKE OF DEFENDANT MORLEY BUILDERS, INC. TO PLAINTIFF'S COMPLAINT Background Plaintiff Antonio Cutts (“Cutts”) initiated the instant action on December 28, 2017 against Defendants Morley Builders, Inc. (“Morley”), Helix Electric, Inc. (“Helix”), Clarett West Development, LLC (“CWD”), and DLJ Real Estate Capital Partners, L.P. (“DLJ”) (collectively, “Defendants”)....

Excerpt: ...omplaint”). The Complaint asserts one cause of action for breach of contract. Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is additionally uncertain. No opposition to the demurrer was filed. Procedural Issues On May 16, 2018, the Court continued the hearing on Defendant's demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey because no such proof...

Excerpt: ...ranting preliminary approval of the class action settlement entered into with Defendant SCIS Air Security Corporation (“SCIS”). The motion is unopposed. Discussion Preliminary Approval of Class Action Settlement As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] fair, adequate, and reasonable.” ((7- Eleven Owners for Fair Franchising ...

Excerpt: ...to the Complaint of Plaintiff Mercedes Churchwell (“Churchwell”). The Complaint asserts causes of action for violations of statutory obligations, including the Song-Beverly Act and Magnusson-Moss Acts. Ford demurs to the seventh cause of action (fraudulent inducement - concealment), eighth cause of action (fraudulent inducement – intentional misrepresentation), and ninth cause of action (fraudulent inducement – negligent misrepresentation...

Excerpt: ...noperable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, ...

Excerpt: ...�) on November 17, 2017. On February 15, 2018, a Notice of Settlement of Entire Case (the “Notice”) was filed by Menchaca, indicating that a conditional settlement had been reached, and that a request for dismissal would be filed no later than March 30, 2018. Menchaca now moves to set aside the Notice and return the matter to the active civil calendar because the parties have not reached a binding settlement. FCA opposes. Discussion Californi...

Excerpt: ...) filed this employment action on November 16, 2017 against Defendants Republic Services, Inc. (“Republic Services”), Kelly Services, Inc. (“Kelly Services”), and Chris Doe. Consolidated Disposal Service, LLC (“CDS”) was added to replace Doe No. 2 on December 29, 2017. Republic Services was dismissed without prejudice by stipulation on February 15, 2018. The Complaint asserts causes of action under FEHA for retaliation, discrimination...

Excerpt: ... 13, 2017. The Complaint asserts causes of action for breach of contract, open book account, account stated, and reasonable value, arising from Quezada's alleged failure to pay workers compensation insurance premiums during specified periods of time. According to Plaintiff, Quezada made certain assertions during discovery that the insured was instead a corporate entity named R&G Drywall and Plaster, Inc. Therefore, Plaintiff seeks leave to amend ...

Excerpt: ...plaint asserts causes of action for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, failure to prevent discrimination, and wrongful termination in violation of public policy. Monster now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes. Legal Standard In a motion to compel arbitration, the moving party mus...

Excerpt: ...y Santamaria, Christopher Bolan, Thomas Conrad, Efren Corral, Francis De La Victoria, Gabriel Ferreras, Christopher Gelvin, Christopher Glassford, Mario Granado, Ryan Kennedy, John Kielbasa, Jeremy Lapworth, Kurt Logan, David Neville, Luis Ojeda, Ernest Pagarigan, Enoch Park, Fidencio Pina, Javier Ramos, Karen Rayner, Gabriel Rebolledo, Luis Rodarte, Paul Siegel, Joel Trask, and Joseph McDowell (collectively, “Defendants”) move to continue tr...

Excerpt: ... part: Judge Beaudet hereby discloses that approximately 18 years ago, she and her husband purchased a pickup truck for her husband's use that he recalls was either a Dodge or Chrysler pickup; Judge Beaudet does not remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was opera...

Excerpt: ...ne 28, 2017 against Defendants Atkins and Atkins Services, Inc.[1](“AASI”), Kevin Atkins, and Susan Atkins (collectively, “Defendants”). The Complaint alleges wage and hour violations as well as a violation of Business and Professions Code section 17200. AASI brings this motion to compel further responses by Plaintiff to Special Interrogatories (Set One). However, as noted in Plaintiff's opposition, she has since served further responses ...

Excerpt: ...y, LLC's (jointly, the “Park Parties”) alleged breach of a commercial lease agreement with Plaintiff and Cross-Defendant Sky High Investments Company, LLC (“Sky High”) (the “Lease Agreement”). In the Cross-Complaint, the Park Parties alleges that Sky High and Cross- Defendant Morad Ben Neman (“Neman”) (Sky High and Neman hereinafter to be referred to as the “Sky High Parties”) were responsible for violations of the building co...

Excerpt: ...Gutierrez (collectively, “Defendants”) on September 6, 2017, alleging claims for, inter alia, discrimination, harassment, retaliation, failure to accommodate and failure to engage in the interactive process. The asserted bases for discrimination/harassment/retaliation claims are sex, disability, age and race. The County is Pierce's employer, employing him as a custodian supervisor at Rancho Los Amigos Hospital. Pierce has been deposed twice a...

Excerpt: ...12. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff now moves for an award of at...

Excerpt: ...ently scheduled for November 7, 2018, and the discovery cut-off, motion cut-off, and related deadlines. Defendants request a continuance of 30 days from November 29, 2018, the date Defendants have reserved for their motion for summary judgment/adjudication. Plaintiff Eric Pierce (“Pierce”) opposes. Discussion “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (CRC 3.1332(c).) “In ...

Excerpt: ...iberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that caused damage and property loss. Plaintiffs maintained homeowner's insurance po...

Excerpt: ...ely, “Plaintiff”) filed this action on June 13, 2016 alleging that the defendants deprived Plaintiff of water she was entitled to receive from an open canal that runs through Plaintiff's property by wrongfully diverting the water from the canal to an underground pipeline. The Defendants are as follows: the City of Azusa; Azusa Valley Water Company (“AVWC”); George Morrow (“Morrow”); Fran Delach (“Delach”); and Chet Anderson (“An...

Excerpt: ...an M. Dang (“Defendant”). However, the Court finds several deficiencies with Plaintiff's default judgment package, as follows: 1. The Declaration by Tiffany Jones in support of the request for default judgment is insufficient to support Plaintiff's claim for damages. First, Ms. Jones attests to being <0003004500580057000300 004c0052005100030052>f the declaration shows the plaintiff as Acapita Education Finance Corporation (“Acapita”). Fur...

Excerpt: ... section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) opposes. Following a jury trial, judgment was entered on May 1, 2018 in the amount of $19,767.85 as restitution for payments made by Plaintiff Arjang Fayaz (“Fayaz”) to lease the vehicle. (Greco Decl., Ex. A.) Fayaz was added as an indispensable party on February 8, 2018, after the close of evidence. (Greco Decl., ¶ ...

Excerpt: ...ned by Plaintiffs during their tenancy in a building owned by Defendant Woodburn Housing, LLC (“Woodburn”). The Complaint, filed November 10, 2016, asserts causes of action for negligent maintenance, nuisance, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligent violation of statutory and legal duties, intentional violations of statutory and legal duties, and constructive eviction. On December 22, 2017,...

Excerpt: ...”) on July 11, 2017. On February 28, 2018, Ford served a Notice of Taking Deposition of Plaintiff and Requests for Documents on Adato (the “Document Request”). (Waldon Decl., ¶ 2.) Adato's deposition proceeded on March 23, 2018, where he testified that he had not reviewed the Document Request and had not carried out any search for responsive documents but that he probably did have certain documents within his possession or control. (Waldon...

Excerpt: ...l motion to strike the First Amended Complaint of Plaintiff Karys Dalsook Ma (“Plaintiff”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the amount of $36,298. Plaintiff opposes. Discussion The anti-SLAPP statute provides that “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorn...

Excerpt: ...T Background Plaintiff Michael Wu (“Plaintiff”) initiated the instant action on January 2, 2018 against Defendants Gonzala J. Vasquez (“Vasquez”), Thomas Linovitz (“Linovitz”), Laurie Olmedo (“Olmedo”), Realty One Group, Inc. (“Realty One”), and Sea West Financial, LLC (“Sea West”). The Complaint asserts causes of action for specific performance, tortious interference with contract, and negligence. Defendants 1215 Neola St...

Excerpt: ...t”), and Bethany Mota (“Bethany”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 7, 2017, and asserts causes of action for breach of contract, breach of covenant of good faith and fair dealing, fraud, negligent misrepresentation, intentional interference with contract, negligent interference with prospective economic relations, and declaratory relief. The gravamen of the FAC is a dispute...

Excerpt: ...NDED COMPLAINT Background Plaintiff Fraser Ross (“Plaintiff”) brought this action on August 9, 2016. The operative Second Amended Complaint (“SAC”) was filed on January 16, 2018 against Defendants Christopher Lee (“Lee”), Salus Capital Partners, LLC (“Salus”), HGI Asset Management Holdings, LLC (“HGI”), Spencer Spirit Holdings, Inc. (“Spencer”), and BHK Investments LLC (“BHK”). Plaintiff is the founder and former share...

Excerpt: ...2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander (“Kumlander”). <0045004c00490058005500 004b0048000300570055[ial into a liability phase and a damages and then punitive damages phase. The motion is unopposed, and Kumlander filed a Notice of Non-Opposition on June 11, 2018. Discussion Code of Civil Procedure section 1048(b) provides: “The court, in furtherance of convenience or to avoid...

Excerpt: ...ous causes of action relating to her employment. Defendants Craig Boyer, Robert Raffaele, Patricia Gutierrez, and Oscar Zepeda (collectively, “Defendants”) now move for judgment on the pleadings as to the fourth and fifth causes of action for retaliation under California Labor Code sections 1102.5 and 6310. Davis opposes. Evidence Plaintiff's Request for Judicial Notice as to Exhibits A and B are granted. ((See Evid. Code, § 452); (Richman v...

Excerpt: ...t Yelp, Inc. (“Yelp”) seeking injunctive relief pursuant to Business and Professions Code sections 17200 and 17500 et seq. Multiversal Enterprises-Mammoth Properties, LLC (“Multiversal”) substituted in as plaintiff on February 25, 2015. The Court previously denied a motion for summary judgment, or in the alternative, summary adjudication by Yelp, partly on the basis that Yelp had failed to establish that injunctive relief was unavailable ...

Excerpt: ...ian (“Avedissian”), and Maria Villamil (“Villamil”) (jointly, “Defendants”). The Complaint asserts causes of action for sexual harassment, failure to engage in a timely good faith interactive process, failure to accommodate, discrimination (sex/gender and disability), failure to prevent discrimination and harassment, retaliation, wrongful discharge, and intentional infliction of emotional distress. Defendants now move for an order com...

Excerpt: ...ry 21, 2018, alleging causes of action for negligence, strict liability, intentional/fraudulent concealment, and loss of consortium (the “Complaint”). The gravamen of the Complaint concerns personal injuries sustained by Plaintiff Allen G. Shaw (“Mr. Shaw”) as a result of exposure to benzene and benzene-containing substances during the course and scope of his employment as an automotive mechanic. Plaintiffs allege that Defendant Univar US...

Excerpt: ... June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”),” Dertad Teddy Bedjakian “Bedjakian”) and 168 Entertainment, LLC (the “LLC”). The operative First Amended Complaint (“FAC”) alleges that the Plaintiffs entered into an investment agreement (the “Contract”) with Khalafian and the LLC on November 30, 2009, wherein Plaintiffs agreed to invest $205,000 into a new internet project which Khalafian and the LLC would ...

Excerpt: ...torney general on October 4, 2017 against Defendant AAA Flag & Banner Mfg. Co. Inc. (“AAA Flag”). The Complaint alleges one cause of action for civil penalties under Labor Code section 2699 et seq. (“PAGA”) for violations of Labor Code sections <00140015000f0003004400 004400560003005a0048[ll as IWC Wage Orders 1-2001 and 7-2001. The parties participated in mediation, where the parties ultimately reached a settlement of both the PAGA claim...

Excerpt: ...e Dina (jointly, the “Dinas”) initiated this action on March 12, 2015 against Defendants Joseph Safran (“Safran”), One Capital Group, Inc. (“One Capital”), Mashbir, LLC (“Mashbir”), and 708 Hampton, I, LLC (the “Dina Action”). On March 7, 2016, Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) filed a complaint in Case No. BC 612973 against, inter alia, the Dinas (the “Safran Action”), which has ...

Excerpt: ...dants Rosalinda Garza-Wiesand ("Rosalinda") and Theodore Wiesand C 'Wiesand')_ By the complaint: Elba sought to quiet title in her name to certain real property, and to cancel deeds that Rosalinda and Wiesand had allegedly procured by fraud. Hector A. Garza: Jr. ("Hector") was appointed Elba's guardian ad litem on December 4: 2015. Rosalinda filed a cross-complaint against Elba: arnong others: also seeking to quiet title. One of the cross-defenda...

Excerpt: ...eting Partners, and Alan Harrington (collectively, “Movants”) move to enforce a forum selection clause contained in a Promissory Note and Security Agreement, dated January 12, 2011 (the “Loan Agreement”) between nonparty Global One Financial, a division of Synovus Bank (“Synovus”) and Plaintiff Ram Sales, Inc. (“Ram Sales”). The forum selection clause at issue indicates that jurisdiction for any disputes arising out of or in conne...

Excerpt: ...��Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander[1](“Kumlander”). On February 9, 2018, Kumlander served Form Interrogatories, Set One, and Requests for Production of Documents, Set One on Plaintiff. (Baker Decl., ¶ 2, Ex. 1.) On April 16, 2018, having received no responses, counsel for Kumlander sent a meet and confer...

Excerpt: ...legal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “GDL Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. CTAN challenges a contract awarded by Real Party in Interest Montebello Unified School District (“MUSD”) to GDL on April 7, 2016 entitled “Exterior Environmenta...

Excerpt: ...entral, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (jointly, “Defendants”). The Complaint asserts causes of action for promissory estoppel, promissory fraud, negligent misrepresentation, breach of contract, breach of implied‐in‐fact contract, breach of covenant of good faith and fair dea...

Excerpt: ...dants Catwalk to Sidewalk, Inc. (“CTS”) and Billy Kang (“Kang”) (jointly, “Defendants”) for wrongful termination, breach of contract, breach of implied contract, fraud and false imprisonment. Defendants now move for summary judgment, or in the alternative, summary adjudication as to all causes of action. Jang opposes. Evidence <0052005100560003004400 0056001d[ Declaration of Kyong Won Kang: Objection Nos. 1, 3, 4, 5, and 21 are overru...

Excerpt: ...B Global, Inc., Jack Liu, Sean Liu, Chundi Liu aka Chun Di Liu, and Jie Wang. Plaintiff has submitted a default judgment package seeking entry of default judgment against JDKY (USA), Inc., Sean Liu, and Jie Wang in the amount of $390,720.97. However, the Court notes a number of defects with the default judgment package. First, Plaintiff's name appears incorrect on the Request for Court Judgment (Form CIV-100), Item 1(b) and Item 4 is incomplete. ...

Excerpt: ...Farrelly aka Darius S. Farrelly (“Farrelly”). Plaintiff has submitted a default judgment package seeking entry of default judgment against Farrelly in the amount of $163,892.16, reflecting $150,291.64 demanded in the Complaint, $12,930.52 in prejudgment interest, and $670 in costs. The Court finds that Plaintiff has not sufficiently supported its request by the submitted declarations and evidence. For one, the Declaration of Brandon Deshler f...

Excerpt: ...intiffs Jason Trenton and Crystal Trenton (jointly, “Plaintiffs”) filed this action on May 13, 2016 against numerous defendants including L&T Construction, Inc. (“LT”). Plaintiffs seek damages arising from the construction of a residential home. Plaintiffs filed the operative Third Amended Complaint (“TAC”) on March 16, 2018. The TAC asserts causes of action for (1) breach of written contract, (2) fraud/deceit, (3) bad faith breach of...

Excerpt: ...a Felix (“Felix”) and Felix individually filed this action on November 22, 2017 against Defendant Memorial Health Services dba Long Beach Memorial Medical Center (“LBMMC”). The Complaint asserts causes of action for (1) elder abuse/neglect; (2) negligence, (3) wrongful death (on behalf of Felix individually only), and (4) negligent hiring, supervision, and retention. LBMMC now demurs to the first cause of action. LBMMC also moves to strik...

Excerpt: ...s' fees incurred on the appeal by Plaintiff Evangelina Posada (“Evangelina”) of the Amended Judgment in Favor of Defendant Quest Equity Fund, LLC (the “Judgment”), which was issued on September 20, 2016. After Evangelina's appeal, the Court of Appeal affirmed the Judgment, and on October 6, 2017, the Court of Appeal issued a Remittitur. The instant motion for attorneys' fees is unopposed. Discussion Civil Code section 1717 provides: “In...

Excerpt: ...nd LLC (“Landmark””) and Landmark Infrastructure Holding Company LLC (“Infrastructure”) filed their initial Complaint. The operative First Amended Complaint (“FAC”) alleges eight causes of action as follows: breach of guaranty; breach of contract (first count); breach of contract (second count); intentional misrepresentation; negligent misrepresentation; intentional interference with contractual relations; declaratory relief; and un...

Excerpt: ...t and Cross-Complainant Peter T. Brown (“Brown”) to attend his deposition. No opposition to the motion was filed. Issapour served a notice of deposition for Brown set for July 25, 2017. (Moghaddami Decl., ¶ 2, Ex. A.) After meeting and conferring, the deposition was reset for August 17, 2017. (Id. at ¶ 4, Ex. B.) Brown failed to appear and a certificate of non-appearance was issued. (Id. at ¶ 5, Ex. C.) The parties participated in an infor...

Excerpt: ...e moving party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer or motion to try to reach an agreement that resolves the claims to be raised in the demurrer or motion. Additionally, the moving party must file a declaration stating either (a) the means by which the moving party met and conferred and that the parties did not reach an agreement, or (b) the other party failed to resp...