Excerpt: ... Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dennis Luna (“Luna”) was deeded real property the (the “Property”) from his mother in 2016. (FAC ¶ 1.) To resolve disputes with Luna's sisters regarding the Property, Luna hired attorney Laurence Clark (“Clark”). (FAC ¶ 1.) Clark's paralegal, Defendant Diana Gayton (“Diana”), propo...

Excerpt: ...int is DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various products and machines as a Machinist that caused him to be exposed to toxins, fibrogens, or carcinogens during the course of his employment. (SAC ¶ 30.) The exposure to these substances caused toxic injury to Decedent, ultimately leading to his death. (SAC ¶...

Excerpt: ...endant Langer are GRANTED. Plaintiff People of the State of California's Motion for Summary Adjudication of the Fourth Cause of Action as to Defendant Bumerts is DENIED. FACTUAL BACKGROUND This is an action for violations of unfair competition law and false advertising law. The Complaint alleges as follows. Plaintiff is the People of the State of California, by and through the Attorney General of California. Plaintiff alleges that the Defendants ...

Excerpt: ...mended Complaint (“FAC”) alleges as follows. Plaintiff Sherri Box (“Box”) and Defendant Richard Dorfman (“Dorfman”) were married in 2004 and divorced in 2008. (FAC ¶ 6.) The parties reconciled after the divorce and have been living together on and off since 2008. (FAC ¶ 7.) Plaintiff James Box (“James”) is Box's son who was born in 2000 and suffers from autism spectrum disorder and schizophrenia. (FAC ¶ 8.) Box alleges that aft...

Excerpt: ...breach of an insurance contract and violation of the duty of good faith and fair dealing. The Complaint alleges as follows. On May 9, 2017 Plaintiff Lions Gate Entertainment Inc. (“Lions Gate”) purchased Insurance Policy No. MPT 0720 0611 from Defendant Fireman's Fund Insurance Company (“Fireman's Fund”) to obtain insurance in connection with its film Robin Hood. The US Policy had a policy period from October 8, 2016 to October 8, 2018. (...

Excerpt: ...Defendants are ordered to file non-redacted versions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify on or before January 14, 2021. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Rita Hollywood Skyline, LLC (“Hollywood Skyline”) entered into a Limited Liability Company Agreement of Rita Regency Sponsor, LLC (“Regency Spo...

Excerpt: ...FAC”) alleges as follows. Plaintiffs Su Yang (“Yang”), Boo Ik Hwang (“Hwang”), Yoo Joo Cha (“Cha”), Chien Chung (“Chung”), Young Sik Sin (“Sin”), Tae Hyung Yun (“Yun”), Yoo Do Sang (“Sang”), Richard Keaton (“Keaton”), Hushan Fang (“Fang”), Dae Won Chae (“Chae”), and Suk Won Lee (“Lee,” and collectively “Plaintiffs”) resided at the same property (the “Property”) and were tenants of Defendants J...

Excerpt: ...ULED. FACTUAL BACKGROUND The original Complaint, the First Amended Complaint, and the Second Amended Complaint allege an action for wrongful foreclosure. The Third Amended Complaint alleges an action for adverse possession. The Second Amended Complaint (“SAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho” or “Plaintiff”) took out a loan on real property that he owned with Defendant Option One Mortgage Corporati...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...If Kleeger provides proof that code-compliant Responses to the RFAs without objection have been served prior to the hearing, the motion will be DENIED. If code-compliant responses are not served by the date of the hearing, the Court will GRANT the Motion to Deem Admitted the RFAs Nos. 2, 6-8, 12, 13, 15, 16, 19-25, and 27-32 as to Kleeger. If the Motion is granted, the Court will award sanctions to Sabejon in the amount of $1635.00. FACTUAL BACKG...

Excerpt: ... Strike is GRANTED in part. The Court strikes the prayer for attorneys' fee and paragraph 37. The Court DENIES the remainder. FACTUAL BACKGROUND This is a breach of warranty of habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Chong Seo Yun (“Yun”) rented a residential unit from Defendant Chris Jeong (“Jeong”), the owner of the dwelling, beginning on December 21, 2007. (FAC ¶¶ 3, 8.) From 2016 th...

Excerpt: ...t, Inc.'s Motion for Summary Adjudication as to the Second, Third, and Seventh Causes of Action and the claim for punitive damages in the Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence and fraud. The Complaint alleges as follows. Plaintiffs Marc Smith and Nan Rochelle Smith (“Plaintiffs”) purchased residential property on Stradella Road in Los Angeles in January 2016 in order to remodel the residence and use it for t...

Excerpt: ...GROUND This is an action for breach of contract and professional negligence. The First Amended Complaint (“FAC”) alleges as follows. In November 2017, Plaintiff Dana Urick (“Urick”) retained defendants Venable LLP (“Venable”), Alex Weingarten (“Weingarten”), and Belinda Martinez Vega (“Vega,” and collectively, the “Defendants”) to provide legal serves to Urick as Trustee of the Allyne L. Urick Trust. (FAC ¶ 14.) The parti...

Excerpt: ... COMPANY, et al.; Defendants. Case No.: 20STCV07861 (lead case) Related Case: 20STCV09333 Hearing Date: December 8, 2020 [TENTATIVE] RULING RE: DEFENDANT AMERICAN SURETY COMPANY'S DEMURRER TO THE COMPLAINT AND MOTION TO STROKE FACTUAL BACKGROUND This is subrogation matter. The Complaint alleges as follows. On June 28, 1988, Defendant Grace Kuhr (“Kuhr”) purchased the subject property for $171,000 and recorded a grant deed. (Compl. ¶ 7.) To p...

Excerpt: ...C's Motion to Change Venue to Orange County, California is GRANTED. Plaintiffs to pay any transfer expenses and fees. FACTUAL BACKGROUND This is an action for violations of the Corporations Code. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Christopher Yuhas (“Yuhas”) and OC Discount Nutrition, LLC (“OC Discount,” collectively with Yuhas, the “Plaintiffs”) purchased an unregistered franchise from Defendant Di...

Excerpt: ...auses of Action; and OVERRULED as to the First through Fifth, and Ninth Cause of Action. The Motion to Strike is DENIED as to paragraphs 33, 44, and the Prayer for Punitive Damages; and DENIED as MOOT as to paragraphs 51, 52, 58, and 59. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The Complaint alleges as follows. Plaintiffs Katina Rodriguez (“Rodriguez”), Noel Theodore, a minor, and Katiana Ramos, a minor...

Excerpt: ...tion for civil penalties and injunctive relief to enforce Health & Safety Code § 25249.5 et seq. Plaintiff APS&EE, LLC, the public interest (“APS&EE”) and Defendant is Shapiro Metal Supply Company (“Shapiro”). (Compl. ¶ 1.) APS&EE alleges that Shapiro manufactures, distributes, and sells brass bars that contain hazardous levels of lead, which is prohibited under Proposition 65 to be distributed/exposed to persons in California without a...

Excerpt: ...xth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is DENIED as MOOT. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Albert Addis (“Addis”) purchased, on February 9, 2012, a 2012 Kia Sportage with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including restricted oil flow in the engine; engine noises, broken air box,...

Excerpt: ...oss-Complaint is SUSTAINED with leave to amend as to the Second, Fifth, Seventh, and Eighth Causes of Action; and OVERRULED as to the First Cause of Action. Plaintiff and Cross-Defendant Xiaoxing Zhang's Motion to Strike is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Zhang”) negotiated with Defendant Zhe Zhang (“Zhe”) regarding renovations to the Subject...

Excerpt: ...ttorneys' Fees is GRANTED in the amount of $106,720. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Alameda Square Owner LLC (“Alameda”) seeks a declaration that Los Angeles Wholesale Produce Market, LLC (“LAWPM”) has no right to any further infringement or encroachment upon two parcels of real property (Parcels B and C)'s recorded property...

Excerpt: ...on. Defendant General Motors LLC's Motion to Strike is GRANTED without prejudice as to punitive damages. Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Daisy Covarrubias and Frank Valencia (the “Plaintiffs”) purchased, on February 2016, a 2015 Chevrolet Cruz with an expr...

Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff George Santopietro (“Santopietro”) and Defendants James Harden (“Harden”), Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals LLC (“...

Excerpt: ...ive Damages Allegations from the Complaint is DENIED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. On March 25, 2016, the defendants brought a civil against in Plaintiff Cyrus Chady (“Chady”), P&P Precious Metals, Inc. v. Cyrus Chady, Case No. BC614912 (the “Underlying Case”). (Compl. ¶ 14.) The Underlying Action alleged the Chady purchased from Defendants Pedram Shamekh (“Shamekh”...

Excerpt: ...IL PROCEDURE SECTION 425.16 DEFENDANTS JAURIGUE LAW GROUP AND RYAN STUBBE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT DEFENDANT MICHAEL JAURIGUE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT Defendants Jaurigue Law Group and Ryan Stubbe's Special Motion to Strike the Complaint is GRANTED.. Defendant Michael Jaurigue's Special Motion to Strike the...