Excerpt: ...MD, Leon Kiraj, DDS, Liana Muradyan, DDS, Kiraj & Muradyan Dental Corporation, and Infinite Dental Wellness. The complaint asserted causes of action for: (1) professional negligence; (2) elder abuse; (3) willful misconduct; (4) negligent infliction of emotional distress; and (5) loss of consortium. The complaint alleges Plaintiff Lynn Swensen underwent a dental procedure on December 18, 2020, which was performed by Defendant Kiraj. Plaintiff noti...

Excerpt: ... in damages. Demurrer On July 6, 2022, Defendant Steve Barnett filed a demurrer to the complaint arguing the Plaintiff fails to adequately allege breach of the agreement. Opposition In opposition, Plaintiff contends the note is payable on demand and the Court may reform the contract if necessary. Reply In reply, Defendant reiterates his contention that he is not in breach of the agreement because he made the payments required by the loan and ther...

Excerpt: ... shall have 20 days leave to amend. Background On April 6, 2022, Plaintiff John Chiu filed this action against Defendants Handoko Widjaja Chen A.K.A. Han Widjaja Chen A.K.A. Han Chen, and Gig Real Estate Inc. dba Growth Investment Group. The complaint asserted causes of action for: (1) breach of fiduciary duty; (2) fraud and deceit; (3) elder abuse—financial abuse; (4) elder abuse—physical abuse; and (5) elder abuse—neglect. Plaintiff, an 8...

Excerpt: ...8 Chevrolet Silverado vehicles “in California” involving the same “conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE to YOU or YOUR authorized repair facility for repair.” The Court also limits Requests Nos. 34 and 35 to TSBs and recalls issued for vehicles in California of the same year, make, and model as the SUBJECT VEHICLE related to the conditions, defects, or nonconformities for which Plaintif...

Excerpt: ...ors America, Inc. and Trophy of Carson, LLC dba Kia of Carson. The First Amended Complaint asserted causes of action for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act - Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; (4) Fraudulent Inducement – Intentional Misrepresentation; (5) Fraud in Performance of Contract – Intentional Misrepresentation; and (6) Negligent Repair...

Excerpt: ...t asserted causes of action for: (1) constructive fraud, (2) fraudulent concealment, (3) fraudulent inducement/misrepresentation, (4) breach of contract, (5) breach of contract, (6) breach of the implied covenant of good faith and fair dealing, and (7) negligence, (8) violation of Business & Professions Code §§ 17200, et seq., and (9) declaratory relief. The complaint alleges that Plaintiff entered into a Property Management Agreement with Defe...

Excerpt: ...ule on improperly combined motions and will take them off calendar. Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One; Form Interrogatories – Employment and Form Interrogatories - General and Request for Sanctions is GRANTED, in part. The motion is MOOT as to Requests for Production Nos. 2, 5, and 7-15, Form Interrogatories – Employment Nos. 200.1, 200.3, 200.4 – 200.6, 201.1, 201.6,...

Excerpt: ...-29, 31-32, and 35-42 violate Civil Code section 3295(c). (Opp. at 9:14-12:11.) Civil Code section 3295(a) provides: “[t]he court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1) The profits the defendant has gained by virtue of the wrongful course of conduct of the nature ...

Excerpt: ...) violation of Labor Code section 1102.5; (2) wrongful termination in violation of public policy; (3) defamation and defamation per se; (4) failure to pay wages/minimum wages & liquidated damages; and (5) failure to pay wages at time of termination. Plaintiff alleges he began working for Defendants as a manager in 2003 and served as the Director of Operations from 2013 to his termination in September of 2020. Demurrer On February 17, 2022, Defend...

Excerpt: ...ul death, are ordered to arbitration. The action is STAYED as to all claims against Defendant Silverscreen Healthcare, Inc. only, other than the fourth cause of action for wrongful death, pending the outcome of arbitration. Today's Case Management Conference and OSC re Proof of Service are CONTINUED to September 6, 2022 at 8:30 a.m. Background On January 18, 2022, Plaintiffs Skyler Womack, by and through his successor in interest Jonie Holland, J...

Excerpt: ...f and her Attorney of Record TENTATIVE RULINGS: Defendants' Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set Two; Request for Sanctions in the Amount of $1,996.00 against Plaintiff and her Attorney of Record is OFF-CALENDAR at the request of the moving parties. Defendant Rockport Administrative Services' Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set One; Request for Sanctions in the A...

Excerpt: ...liant wage statements), (3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for Defendants and alleges she was misclassified as an independent contractor. On July 2, 2021, Defendant Zuber Lawler & Del Duca, LLP filed a cross-complaint against Plaintiff asserting causes of action for: (1) fraudulent misrepresentation; (2) negligent misrepresentatio...

Excerpt: ...s to Christina Sauverdez, Maria Ayestas, Martha Mendez Sosa, Patricia Ferguson, R. Villagrade, Sheilah Hernandez, and Steven Byan. The Court orders Defendant to produce Christina Sauverdez, Maria Ayestas, Martha Mendez Sosa, Patricia Ferguson, R. Villagrade, Sheilah Hernandez, and Steven Byan to sit for their depositions no later than October 31, 2022. The request for sanctions is DENIED. Background On July 18, 2018, Plaintiff Tabitha Lawson file...

Excerpt: ...ow to complete the sale of real property. The clerk entered Defendant's default on August 19, 2019 and the Court entered default judgment on January 10, 2020. On May 13, 2021, Defendant filed its first motion to set aside and vacate default and default judgment contending he was not personally served with process and had no knowledge of the proceeding until he received notice of levy from the bank. On November 8, 2021, the Court denied Defendant'...

Excerpt: ...ent. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and ROKiT Phone Company, LLC as Does 1-3. On June 21, 2022, the Court issued an order providing “...

Excerpt: ...n Somalia, alleges he began his employment with Defendant in November 2018, and was terminated on May 8, 2020 after Defendant engaged in a series of discriminatory and retaliatory actions. The complaint asserts causes of action for: (1) national origin discrimination; (2) racial discrimination; (3) disability discrimination; (4) failure to prevent discrimination; and (5) retaliation. Motion On July 22, 2022, Plaintiff filed his motion to continue...

Excerpt: ...nst Plaintiff and her Attorney of Record TENTATIVE RULINGS: (1) Defendant Shlomo Rechnitz's Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set One; Request for Sanctions in the Amount of $1,886.00 against Plaintiff and her Attorney of Record is GRANTED. Pursuant to Code of Civil Procedure section 2030.300(d), the Court imposes sanctions against Plaintiff and her counsel of record, jointly and severally, in the amount o...

Excerpt: ...ow to complete the sale of real property. The clerk entered Defendant's default on August 19, 2019 and the Court entered default judgment on January 10, 2020. On May 13, 2021, Defendant filed its first motion to set aside and vacate default and default judgment contending he was not personally served with process and had no knowledge of the proceeding until he received notice of levy from the bank. On November 8, 2021, the Court denied Defendant'...

Excerpt: ...2 at 8:30 a.m. Background On December 28, 2021, Plaintiff Sarah Costello filed this employment action against Defendants Lowe's Home Centers, LLC, Lowe's Companies, Inc., Lowe's Home Improvement, LLC., and Fabiola Garcia. The complaint asserts thirteen causes of action, including claims for discrimination, harassment, retaliation, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, harassment, ...

Excerpt: ...ent. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and ROKiT Phone Company, LLC as Does 1-3. On June 21, 2022, the Court issued an order providing “...

Excerpt: ...es Insurance Company, John Christopher Murawski, Myrna Gonzales Murawski, Workshop Kitchen & Bar, LLC, Madison Maquette, Good Times, LLC, and Jamison Properties. Plaintiff alleges it performed work on two properties pursuant to contracts with general contractors Calasia Construction, Inc., John Christopher Murawski, and Myrna Gonzales Murawski. The complaint asserts causes of action for: (1) breach of contract; (2) services rendered; (3) unjust e...

Excerpt: ...aintiffs' that the Court required a certified copy of the promissory note at issue. On July 5, 2022, Plaintiffs filed the “Declaration of Sucha Nicolosi and Claudio Nicolosi on Affidavit of Filing Promissory Note.” Legal Standard Code of Civil Procedure section 585 permits entry of a judgment after a Defendant fails to timely answer following proper service of process. A party seeking judgment on the default by the Court must file a Request f...

Excerpt: ...t No. 63). Requests Nos. 68 and 69 shall be further limited to EWR and TREAD reports concerning “ENGINE DEFECT(S) and BRAKE DEFECT(S) in CHEVY VEHICLES” as those terms are defined in Plaintiff's discovery requests. The remaining requests are properly tailored to the issues in this case. Defendant is ordered to serve further verified, code compliant responses to Requests Nos. 1, 7, 17, 20, 22, 23, 24, 25, 26, 29, 31, 32, 33, 34, 48, 50, 63, 64...

Excerpt: ...Deposition of Stephen Howe TENTATIVE RULING: Defendant Anthem Blue Cross Life and Health Insurance Company's Motion to Compel: (1) Deposition of Person Most Knowledgeable on Topic Nos. 4, 7, 8, 10, 12, 15 and 17; (2) Completion of Deposition of Person Most Knowledgeable on Topic Nos. 6, 9, 11 and 16; (3) Testimony and Relevant Documents Related to the UCLA Review; and (4) Completion of Deposition of Stephen Howe is GRANTED in part. The motion is ...

Excerpt: ...efendant is residing in one of Plaintiff's residential units without a lease agreement. The parties previously litigated a forcible detainer action 20STUD03600 Roxbury Lane LP vs Jennifer Gulotta in which the jury returned a verdict in favor of Defendant Gulotta. Demurrer On June 17, 2022, Defendant filed the instant demurrer to the only cause of action asserted in the FAC on the grounds that it fails to state a cause of action and is uncertain. ...

Excerpt: ...laintiff may file a first amended complaint within 20 days as this is the first pleading challenge. Background On May 12, 2022, Plaintiff California Loan Servicing, LLC filed this action against Defendants Sideways Properties, LLC, Bowery Fort Myers, LLC, First American Title Company, Daniel Neary, Thomas Neary, Pogback Real Estate, LLC, and So You're Telling Me There's a Chance, LLC (“SYTMTAC”). The Complaint asserts causes of action for: (1...

Excerpt: ...l responsive documents within 30 days. To the extent defendant claims a privilege over any of the responsive documents or information, it shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege claimed. The responses should otherwise be free of objections. Pursuant ...

Excerpt: ...led this action against the California Department of Veterans Affairs. Plaintiff, a Muslim man born in Somalia, alleges he began his employment with Defendant in November 2018, and was terminated on May 8, 2020 after Defendant engaged in a series of discriminatory and retaliatory actions. The complaint asserts causes of action for: (1) national origin discrimination; (2) racial discrimination; (3) disability discrimination; (4) failure to prevent...

Excerpt: ...s Police Federal Credit Union, Shannon Graham, Nury Frost, and Cynthia Padilla. Plaintiff filed the First Amended Complaint on May 12, 2022 which asserts nine causes of action arising out of Plaintiff's employment. The FAC asserts causes of action for sex and gender based FEHA violations, assault, sexual battery, whistleblower retaliation, Labor Code break violations, violation of Business and Professions Code section 17200, and intentional infli...

Excerpt: ...ages based upon the $3,999.00 security deposit, $3,999.00 for August 2021 rent, $2,025.67 for the portion of September 2021 rent, $299.00 for the portion of October 2021, and $400.00 for services not provided. Plaintiff must provide a new judgment consistent with damages of $10,722.67 as well as new calculations for prejudgment interest and attorneys' fees consistent with this damage amount. Background On December 22, 2021, Plaintiff Jeff Fan fil...

Excerpt: ...end. Background On April 28, 2022, Plaintiff Sudha Rai filed this action against Defendants Silicon Beach Testing Labs, LLC, Bahaeddin Hassan, and Brian Franco asserting causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. The complaint alleges Plaintiff and Defendants entered into a purchase and sale agreement whereby Defendants would pay Plaintiff $805,000.00 for all of Plaintiff's equity in...

Excerpt: ... is advanced and vacated. Background On March 9, 2018, Plaintiff Rafael David Miranda filed a complaint against Andres Contreras, Richard Lopez, Irma Lopez, Jose A. Leon, LMM Real Estate, Inc., and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiff's title thereto. On July 30, 2018, Plaintiff filed a First Amended Complaint. On March 22, 2021...

Excerpt: ...022 at 8:30 a.m. Background On January 23, 2019, Plaintiffs Rene Aguero and Computer Institute of Technology, Inc. filed this action against Randy Doten. On August 19, 2019, Plaintiffs filed a First Amended Complaint asserting causes of action for: (1) breach of written contract; (2) fraud; (3) rescission; (4) unfair business practices; (5) intentional interference with prospective economic advantage. Plaintiff Aguero alleges they operated the Co...

Excerpt: ...in the amount of $110.00, payable to Defendant within 30 days. Background On June 29, 2021, Plaintiff Heidari Law Group, P.C. filed this action against Defendant Mesriani Law Group. The complaint alleged five causes of action: (1) conversion, (2) intentional interference with contractual relations, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) breach of fiduciary duty. Plaintiff alleges that the Plaintiff represented...

Excerpt: ...each of contract; (6) restitution; and (7) accounting. Plaintiff seeks to avoid a 1988 amendment to the Declaration of Covenants, Conditions, and Restrictions of Monir Condominiums. Motion On January 7, 2022, Plaintiff Anvar Sadeghpour filed a motion for summary adjudication seeking “summary adjudication in favor of SADEGHPOUR on the first causes of action in the Complaint for declaratory relief against the ASSOCIATION as follows: - Issue 1: Th...

Excerpt: ...n as well as in 21STCV38453 and 22STCV02995. (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. Background and Cases at Issue On October 13, 2021, Plaintiff Hubert Bordenave, individually and as trustee of the Hubert J. Bordenave Revocable Trust, filed this action against De...

Excerpt: ...partment of Building & Safety. The Complaint asserts causes of action for: (1) trespass; (2) nuisance; (3) negligence; and (4) declaratory relief. Plaintiffs allege Defendants Varouj Giragossian and Carman Giragossian constructed a block wall that encroached on Plaintiffs' property without Plaintiffs' consent and without building permits. Only the fourth cause of action for declaratory relief is asserted against Defendant City of Los Angeles. On ...

Excerpt: ...ct Subpoena for Production of Business Records to Service Employees' International Union Local 99; Request for Attorney's Fees and Sanctions Against Defendants and/or their Attorneys of Record in the Amount of $3600. TENTATIVE RULINGS: (1) Plaintiff's Motion to Quash Defendant Los Angeles Unified School District Subpoena for Production of Business Records to Kaiser Permanente Empire Corporate Plaza Central ROI Unit; Request for Attorney's Fees an...

Excerpt: ...March 16, 2011, Plaintiff State Farm Mutual Automobile Insurance Company filed a complaint for subrogation recovery against Defendant Jose Armando Perez based upon an automobile collision involving Defendant and Plaintiff's insureds. On May 29, 2012, the parties filed a stipulation for settlement and order and the Court entered the parties' “Order Regarding for Settlement.” Motion Plaintiff State Farm Mutual Automobile Insurance Company moves...

Excerpt: ...d Complaint. TENTATIVE RULINGS: The motion to quash in person deposition of Gloria Baldwin, or in the alternative, motion for protective order per CCP 2025.410(c) and 2025.420 is GRANTED. The parties are ordered to proceed with Gloria Baldwin's deposition via remote means within 30 days. Specially Appearing Defendant Gloria Baldwin's Motion to Quash for Lack of Personal Jurisdiction Directed to First Amended Complaint is CONTINUED to enable the p...

Excerpt: ...ended Complaint on November 30, 2020 and a Second Amended Complaint against Pockman only on May 10, 2021. The SAC asserted 22 causes of action arising out of Plaintiff's tenancy at a residential property owned and managed by Pockman. On October 8, 2020, Defendant Pockman filed a Cross-Complaint against Emily Jackson, Drew Alec Bashen, and Alycia Rubio. Pockman filed a First Amended Cross-Complaint on May 19, 2021 and a Second Amended Cross-Compla...

Excerpt: ... discrimination and retaliation; (4) declaratory judgment; (5) violation of the Equal Pay Act; (6) retaliation in violation of the Equal Pay Act; and (7) retaliation under Labor Code sections 1102.5 and 1102.6. Plaintiff alleges she began working for Defendant on April 17, 1997 and was constructively terminated on November 2, 2020. Motion On June 24, 2022, Defendant filed the instant motion for judgment on the pleadings arguing Plaintiff failed t...

Excerpt: ...LINGS: (1) Plaintiff Heidari Law Group's Motion to Compel Defendant to Provide Further Responses to Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $1,750 is GRANTED as to Form Interrogatory No. 4.1 and DENIED as to Form Interrogatory No. 17.1. Defendant is ordered to serve a further verified response to Form Interrogatory No. 4.1 without objection within 20 days. (2) Plaintiff Heidari Law Group's Motion to Compel D...

Excerpt: ..., (4) Intentional Misrepresentation, (5) Negligent Misrepresentation, (6) Cancellation of Instrument, (7) Constructive Trust, (8) Breach of Oral Contract, and (9) Quiet Title. Plaintiffs allege that Defendant wrongfully obtained a Quit Claim Deed of the subject property from their mother prior to her death. Plaintiffs allege that Defendant is intending to sell the subject Property but is not sharing the profits, despite the Plaintiffs contention ...

Excerpt: ...ief and set for hearing on January 3, 2023 is advanced and vacated. An OSC re Proof of Service and Case Management Conference is scheduled for September 15, 2022 at 8:30 a.m. Background On March 17, 2021, Plaintiff William Bryan filed this action in propria persona against numerous defendants. The complaint, captioned “complaint for damages and declaratory and injunctive relief and demand for jury trial,” does not contain any separately state...

Excerpt: ..., Amber Awni, and Conor Murphy filed this action against Defendants Lion Real Estate Group LLC, Lion Reseda LLC, and Lion Terraces LLC. The complaint alleged three causes of action: (1) breach of contract, (2) breach of the covenant of good faith and fair dealing/breach of warranty of habitability, trespass, and (3) fraud, negligent misrepresentation, concealment. On August 18, 2021, Defendants filed a demurrer to the second cause action for tres...

Excerpt: ...fwood LLC filed a complaint against Defendant 170 Cliffwood LLC for (1) negligence and (2) trespass. On November 10, 2021, the Court (Judge Mooney in Dept. 68) denied Plaintiff's motion for trial preference without prejudice. On March 24, 2022, default was entered against Defendant. On June 23, 2022, the Court granted Defendant's motion to set aside the entry of default and continued the hearing on the instant motion to July 12, 2022. Motion Plai...

Excerpt: ... Inc. and Asta Pacific Healthcare Corp. are hereby stricken from the cross- complaint filed on July 22, 2019. Concise Care Group, Inc. is hereby stricken from the answer filed on July 22, 2019 and its default is entered as of this date. Background On May 20, 2019, Plaintiff Amelia Campbell filed this action against Defendants Channon Watkins, Cedric Watkins, and Concise Care Group, Inc. arising out of the purchase of Asta Pacific Healthcare Corp....

Excerpt: ..., Defendant and its counsel of record are ordered to pay sanctions in the amount of $1,830.00 to Plaintiff via his counsel of record within 30 days. Background On October 19, 2020, Plaintiff Erick Paredes filed a complaint against Defendant American Honda Motor Co., Inc. The complaint alleged four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, (...

Excerpt: ...ndant Alliance Communities, Inc., 5445 Lankershim Boulevard Apartment Investors, LLC, NOHO 14. The First Amended Complaint asserts causes of action for: (1) Conversion, (2) Trespass to Chattel, (3) Breach of Contract, (4) General Negligence, (5) Constructive Eviction, and (6) Violation of Business and Professions Code § 17200. Plaintiffs allege that after a pipe burst in the Plaintiff's unit, the Defendants needed to enter the repair. However, a...