Excerpt: ...tiff”) initiated the instant action on June 17, 2016 by filing a Complaint for Injunctive and Other Equitable Relief and Civil Penalties for: 1) Los Angeles Municipal Code Section 11.00; 2) Public Nuisance in Violation ofCivil Code Section 3479 et seq.; 3) Unfair Competition Law (Business and Professions Code Section 17200 et seq.); and 4) False Advertising Practices (Business and Professions Code Section 17500 et seq.) (the “Complaint”) ag...

Excerpt: ... agreement. The operative First Amended Complaint (“FAC”) was filed on November 6, 2017. Specially appearing defendant Louis Johnston (“Johnston”) now moves to quash service of the summons and FAC on the basis that he was improperly served. Manlin opposes. Evidence The Court sustains Manlin's objection to Exhibit A to the Declaration of James Saake. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or ...

Excerpt: ...tiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home, a rental unit. In November 2014...

Excerpt: ...art Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home. On September 25, 2017, Defendant BRS Roofing, Inc. (“BRS”) s...

Excerpt: ... (“HP Contents”) on the grounds that HP Contents is a dissolved corporation and has failed to pay Counsel's legal fees. The Court finds that Counsel has complied with the procedural requirements of California Rules of Court, rule 3.1362 and has provided sufficient reason for withdrawal. However, the proposed order incorrectly states that the next hearing in this matter is a trial setting conference on March 13, 2018. Counsel should bring a re...

Excerpt: ...2012. 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 alleges that in 2007, DSH ...

Excerpt: ... , COMPEL PLAINTIFF JESSIC A RESPONSES TO: a. SPECIAL INTERROG A C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 mino...

Excerpt: ...nt Corp. dba Chengdu Laozao Hotpot and Qian Z. Lunceford (jointly, “Defendants”). Plaintiffs' Complaint alleges various violations of the wage and hour provisions of the Labor Code as well as a cause of action for conversion and unfair competition (the “Complaint”). Defendants now move to strike the portions of the Complaint referencing disgorgement of profits and punitive damages. No opposition to the motion was filed. Discussion A court...

Excerpt: ...Civil Procedure section 2030.310(d). Defendant lacks capacity to oppose this motion and is effectively not participating in the case. There is no particular reason to conclude that defendant will respond further to the interrogatories. Plaintiff is choosing to seek this relief in lieu of seeking to strike the answer and enter default against the defendant for failing to obtain counsel after a reasonable period of time. There would be no sanctions...

Excerpt: ... COMPEL PLAINTIFF ALIYA H AND THROUGH HER GUAR D PROVIDE RESPONSES TO: a. FORM INTERROGAT O C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plai...

Excerpt: ...e Medical Center, Inc. (“American Cardiocare”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On September 2, 2015, the Court issued an order striking the FAC and dismissing the a...

Excerpt: ... 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 operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be...

Excerpt: ...ound Plaintiffs Notjustdenim, LLC (“Notjustdenim”), Serial Believers, Ltd. (“Serial Believers”), and Lucy Pinter (“Pinter”) (collectively, “Plaintiffs”) initiated the instant action on August 21, 2017. The operative First Amended Complaint (“FAC”) alleges nine causes of action against Defendants Bailey 44 LLC (“Bailey 44”), Christopher Tate (“Tate”), and Norwest Venture Partners XI LP (“NVP”) (collectively, “Defe...

Excerpt: ...UAR D PROVIDE RESPONSES TO: a. SPECIAL INTERROG A b. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plainti...

Excerpt: ...tember 8, 2016 (the “Complaint”) against Defendants Jeff Donohue (“Donohue”) and Richard Eyman (jointly, “Defendants”). The Complaint alleges that OneWest is the rightful legal owner of that certain real property located at 15 Misty Acres Road, Rolling Hills Estates, California 90274 (the “Subject Property”) and that Defendants have refused to vacate the Property and return possession of the Subject Property to Plaintiff. Prior to...

Excerpt: ...2, 2017 against Defendants Christopher Lee (“Lee”), Salus Capital Partners, LLC (“Salus”), HGI Asset Management Holdings, LLC (“HGI”), and Spencer Spirit Holdings, Inc. (“Spencer”). On December 15, 2017, the Court sustained the demurrer by Salus and HGI to the seventh (UCL violations) and eighth (unjust enrichment/constructive trust) causes of action with leave to amend. <00440057004c0059004800 00240050004800510047[ed Complaint (�...

Excerpt: ...RROGAT O b. SPECIAL INTERROG A c. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4...

Excerpt: ...ainst Defendants Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) (jointly, “Defendants”). In the alternative, Perez moves for an order compelling the depositions of Defendants and for monetary sanctions. Perez has been attempting to schedule Defendants' depositions since April 17, 2017. (Moas Decl., ¶ 2.) Depositions Notices with attendant document production demands were served on Defendants on April 24, 2017 (M...

Excerpt: ...ion in interpleader on October 4, 2013 against a number of defendants, including David DeShay (“DeShay”) (the “Interpleader Complaint”). On January 6, 2017, Intervening Defendant James Mellein (“Mellein”) filed the operative First Amended Answer and Cross-Complaint in Intervention (“FACC”). Mellein served DeShay with various written discovery requests, and when DeShay failed to respond, Mellein moved for orders compelling response...

Excerpt: ...t the hearing, Plaintiffs Harvey Stone and Donna Stone (“Plaintiffs”) made a request to continue the motion so that discovery relating to those jurisdictional issues could be conducted. The Court granted Plaintiffs' request and ordered that the motion to quash be continued to March 13, 2018. The Court further ordered the parties to participate in an Informal Discovery Conference (“IDC”) in the event of a dispute relating to the jurisdicti...

Excerpt: ... Inc., Skycore Systems, LLC, and John Ryan. At the case management conference on February 5, 2018, the Court informed Plaintiff that default cannot be entered as to “unknown entities.” However, Plaintiff has failed to take any action to address this defect, such as requesting to amend the complaint. The Court further notes that Plaintiff failed to specify the costs it seeks to recover in the Memorandum of Costs (section 7 of Form CIV‐100). ...

Excerpt: ... Richard Ashbee (“Ashbee”) and Regent Global GT, LLC (“Regent”) (jointly, “Defendants”). The Complaint alleges causes of action for breach of contract, fraud, common counts, conversion, and negligent misrepresentation. Defendants now demur to the fraud, common counts and negligent misrepresentation causes of action on the basis that they fail to state facts sufficient to constitute a cause of action and that they are uncertain. Dash N...

Excerpt: ...OF $7,060.00 Background Plaintiff Gennifer Anderson (“Plaintiff”) filed this action on June 29, 2017 against Defendants Atkins and Atkins Services, Inc. (“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. Plaintiff served AASI with Request for Production of Documents and Things, Set One (“RFP”) o...

Excerpt: ... (“Farag”) (jointly, “Defendants”). The gravamen of Plaintiff's Complaint is that Defendants breached a settlement agreement entered into after mediation. The mediation was conducted to resolve a pending class action lawsuit for labor violations against Platinum, Case No. BC 544054 (the “Class Action”). (Complaint, ¶¶ 8-9.) The Class Action was filed on April 29, 2014. (Complaint, ¶ 8.) The mediation was conducted on April 15, 2016...

Excerpt: ...to be affiliated with a religious organization identified as Jeungsando. The operative First Amended Complaint (“FAC”) was filed on July 25, 2017. Proofs of service were filed on August 17, 2017 purporting to serve certain defendants by substitute service. Specially Appearing Defendants Joong Kun Ahn, Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Suk Kim, Kiyong Kim, Myung Sun Yoo, and Jeungsando (collectively, “Specially Appearing Defendan...