Excerpt: ... PORTIONS OF THE COMPLAINT Defendant Allianz Global Corporate & Specialty's Demurrer to the Complaint is OVERRULED. Defendants Allianz Global Corporate & Specialty and Fireman's Fund Motion to Strike is GRANTED with leave to amend as to the prayer for punitive and paragraphs 37 and 38. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One Health International dba Redondo Veterinary Medical Ce...

Excerpt: ...hool District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Eleventh Causes of Action. Defendants Beverly Hills Unified School District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Motion to Strike is GRANTED with leave to amend as to the referenced sections relating to puni...

Excerpt: ...nt of $4,574.00. FACTUAL BACKGROUND This is an action for slander of title and cancellation of cloud on title. The Complaint alleges as follows. Plaintiff Cloda A. Jones (“Jones”) is the beneficiary of the Ogilvie Family Trust, which Defendant Naomi Campbell (“Campbell”) offered to Jones to help administer after the deaths of Jones' parents, the Ogilvies. (Compl. ¶¶ 2, 12.) The trust bequeathed a real property home to Jones, which Jones...

Excerpt: ...and DENIED as to the Third Cause of Action for Breach of Fiduciary Duty. FACTUAL BACKGROUND The Complaint in this action alleges as follows. Defendants Michael D. Waks (“Waks”), Mindy Bish (“Bish”), and Joseph Barrett (“Barrett”) (collectively “Defendants”) are attorneys who jointly represented Plaintiff Michael Middleton (“Middleton”) in litigation for personal injuries he sustained in a motor vehicle accident. (Compl. ¶¶ 2...

Excerpt: ... This is a disability discrimination case. The Complaint alleges as follows. Plaintiff Michael J. Holmes (“Holmes”) worked for Defendant Behavior Frontiers, LLC (“BF”). (Complaint at p. 4.) Holmes went off work because of a disability, but was not allowed to return with a reasonable accommodation and was terminated. (Complaint at pp. 4–6.) PROCEDURAL HISTORY Holmes filed the Complaint on January 9, 2018 alleging two causes of action: 1....

Excerpt: ... Attorneys' Fees is CONTINUED until _________. Alameda is to provide the Court with updated billing statements and summary totals that exclude time billed prior to the FAC on April 14, 2017 and exclude time billed for work performed for Atlas because they are not a prevailing party. Alameda is further to provide accurate comparable billing rates of similarly situated attorneys. FACTUAL AND PROCEDURAL BACKGROUND This action involves certain proper...

Excerpt: ...ion, strikes the answer filed by Defendant Paul Meyer on August 22, 2019. Defendant Paul Meyer's motion to set aside and vacate entry of default is CONTINUED for further briefing. Defendant Paul Meyer shall file and serve a detailed supplemental declaration, a declaration from counsel (if possible), and supporting documents (if any) at least 10 days before the continued hearing. Plaintiff George M. Prince III, individually and as Successor Truste...

Excerpt: ...RANTED. The action is stayed. As the parties have not sufficiently addressed the issue of whether this action should be stayed, as opposed to dismissed, if the motion for forum non conveniens is granted, the Court will hear additional reasons on this issue at the hearing. FACTUAL BACKGROUND Plaintiff Kevin Berman sued his former employer Defendant Edgile, LLC and former supervisor at Edgile, LLC Defendant Dean Fantham based on the following alleg...

Excerpt: ...LC's Person Most Knowledgeable is GRANTED. The Court will defer ruling on awards the request for monetary sanctions against Defendant and its counsel until the hearing. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Epifanio Roman (“Plaintiff”) purchased a new 2016 Chevrolet Malibu in March 2016, with an express written warranty from General Motors (“Defendant”). (Complaint ¶ 8.) During the war...

Excerpt: ...is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Cruz Casas (“Casas”) was employed by Defendant County of Los Angeles (“County”) as a peace officer beginning in April, 1999. (Compl. ¶¶ 1, 14.) In May 2016, Casas was criticized by his superior, Lt. Subler, for his reporting after an incident involving an inmate. (Compl. ¶¶ 16-17.) On June 5, 2016, a meeting with Lt. Subler, wherein he berated Casa...

Excerpt: ...t of $4,574.00. FACTUAL BACKGROUND This is an action for slander of title and cancellation of cloud on title. The Complaint alleges as follows. Plaintiff Cloda A. Jones (“Jones”) is the beneficiary of the Ogilvie Family Trust, which Defendant Naomi Campbell (“Campbell”) offered to Jones to help administer after the deaths of Jones' parents, the Ogilvies. (Compl. ¶¶ 2, 12.) The trust bequeathed a real property home to Jones, which Jones ...

Excerpt: ...rteenth through Seventeenth Causes of Action, and Eleventh and Eighteenth Causes of Action only as to Defendant Antelope Valley. The Motion to Compel Arbitration is DENIED as to all other claims and parties. Proceedings on the Sixth, Ninth, Tenth, and Twelfth Causes of Action, and the Eleventh and Eighteenth Causes of Action as to Proactive and Dr. Newman, are STAYED pending resolution of Fujimori's claims in arbitration. FACTUAL BACKGROUND This ...

Excerpt: ... is GRANTED. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Dora Carbajal (“Carbajal”) was employed by Defendant Nellson Nutraceutical, LLC (“Nellson”), from approximately January 1995 until May 2, 2018, which included a period of time with a predecessor of Nellson, NBTY Manufacturing, LLC that Nellson purchased in 2015. (Compl. ¶¶ 1, 12.) Defendant Ross Davis (“Davis”...

Excerpt: ...nd Amended Complaint is SUSTAINED without leave to amend as to the Ninth and Tenth Causes of Action. Defendants Alla Tenina and Tatyana Baytalsky, former trustee and trustee for the TSC Irrevocable Trust's Demurrer to the Second Amended Complaint is OVERULED. FACTUAL BACKGROUND This is an action for fraud and conversion. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Migran Sldryan (“Plaintiff”) owned real property on ...

Excerpt: ...es as follows. Plaintiff Annette C. Barajas (“Barajas”) and Defendant Angel Marie Triola (“Triola”) each own one-half interests in certain real property in Torrance. (Compl. ¶¶ 1, 14.) Barajas repeatedly asked Triola to sell the real property but she refused. (Compl. ¶ 1.) PROCEDURAL HISTORY Barajas filed the Complaint on June 6, 2016 alleging two causes of action: 1. Partition (Real and Property) 2. Declaratory Relief On May 10, 2017 ...

Excerpt: ...”) purchased a new 2015 Mercedes-Benz C300W in April 2015, with an express written warranty. (Complaint ¶ 9.) The vehicle contained various defects. (Complaint ¶ 10.). The causes of action arise out of the warranty obligations of Mercedes-Benz (“Mercedes”) and VIP Motor Cars Acquisition, Inc., dba Mercedes-Benz of Palm Spring (“Mercedes PS”). (Complaint ¶¶ 4-5.) PROCEDURAL HISTORY Leal filed the Complaint on January 5, 2018, allegin...

Excerpt: ...ISCOVERY Plaintiff Vasken Imasdounian's Motion to Compel the Attendance and Testimony of Bolero Industries Inc.'s Employee Annie Imasdounian is DENIED. Annie Imasdounian's Motion for Protective Order is MOOT. FACTUAL BACKGROUND This is an action for breach of corporate fiduciary duties. The Complaint alleges as follows. Plaintiff Vasken Imasdounian (“Vasken”) and Defendant Daniel Imasdounian (“Daniel”) each own 50% of Bolero Industries, I...

Excerpt: ...Urth Payroll Services, Inc.'s Motion for Summary Judgment or Summary Adjudication is GRANTED FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Luis Roberto Garcia (“Garcia”) worked for Defendants Urth Caffe Corporation, Urth Caffe Commissary, L.P., and Urth Payroll Services, Inc. (“Urth”) as a maintenance worker and dishwasher. (Complaint ¶ 18.) In September 2014, Garcia suffe...

Excerpt: ... Law case. The Complaint alleges as follows. In November 2011, Plaintiff Benito Fuentes (“Plaintiff”) purchased a new 2012 Ford F-35- Super Duty with an express warranty. (Compl. ¶ 9.) The vehicle was delivered with various serious defects and nonconformities, and developed further defects, to the engine, suspension, structure, exterior, and electrical system. (Compl. ¶ 10.) Defendant Ford Motor Company (“Ford”) was unable to conform th...

Excerpt: ... quiet enjoyment by a tenant against a landlord. The Complaint alleges as follows. Plaintiff Regina Ricardo (“Regina”) and her son, Enrique Ricardo-Vargas (“Enrique”) live in a residence leased to them by owner Defendant Eddye Melaragno (“Melaragno”) and managed by Melaragno's daughter, Defendant Nina R. Ringgold (“Ringgold”). (Complaint ¶¶ 1–9.) Defendants have made repeated threats to enter the premises for no good cause and...

Excerpt: ...rst Legal filing fees will not be stricken or taxed, the service of process mailing fees will be stricken, and the request for sanctions will be stricken only for purposes of the Costs Memorandum without prejudice. FACTUAL BACKGROUND This is an action for bad faith breach of an insurance contract. The Complaint alleges as follows. Plaintiffs Joseph Mastrangelo and Karri-Leigh Mastrangelo (“Plaintiffs”) leased an apartment on Hermitage Avenue ...

Excerpt: ...Complaint is OVERRULED as to the Second and Fourth Causes of Action, and SUSTAINED WITH LEAVE TO AMEND as to the Third Cause of Action. Defendant State Farm General Insurance Company's Motion to Strike Portions of the First Amended Complaint is DENIED as to the prayer for punitive damages and attorneys' fees; the Motion is GRANTED WITH LEAVE TO AMEND as to paragraphs 51 and 52, and Prayer paragraphs 6 and 7 for injunctive relief and restitution. ...

Excerpt: ...s follows. Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) granted a business line of credit to Lexor Enterprises, Inc. (“Lexor”), which Lexor agreed to repay. (Complaint ¶ 9.) Defendant Garen Mangassarian (“Mangassarian”) agreed in writing to guaranty repayment on the line of credit. (Complaint ¶ 17.) Lexor has defaulted and owes Wells Fargo $98,289.72. (Complaint ¶ 14.) Mangassarian has not repayed this obligation. (Complaint ¶...

Excerpt: ... MEDIA, LLC Plaintiff's Motion to Compel Further Responses is DENIED. The motion for sanctions will not be granted. The opposition of non-party Greenberg Gross LLP is moot. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a ...

Excerpt: ... SEVEN CORPORATION, INC. et al.; Defendants. Accordingly, the Motion for Discharge is GRANTED, Ace to be dismissed and awarded requested attorneys' fees and costs. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff U Turn Seven Corporation, Inc. (“U Turn”) and Defendant French Riviera (“French Riviera”) entered into an agreement in February 2018 for U Turn to sell and French Riviera to...

Excerpt: ...missions from Defendant General Motors, LLC is GRANTED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges that Plaintiff Johanna Enciso (“Enciso”) in September 2017 purchased a new 2017 Chevrolet Silverado with an express written warranty. (Complaint ¶¶ 5–8.) The vehicle developed various defects including malfunctions of leaf springs, rear leaf spring failures, rear spring shackle failures, suspension related component f...

Excerpt: ...d Seven. The Sixth Cause of Action – PAGA– is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Leticia Lugo (“Lugo”) was an employee of Defendant Jay Nolan Community Services, Inc. (“JNCS”). (Compl. ¶ 4.) Lugo was hired in May 2017 as a Job Coach and worked four days per week for nine and a half hours per day. (Compl. ¶¶ 14, 18.) The Complai...

Excerpt: ...INT Defendants Nestle Waters North America, Aimee Sugita, Carlo San Diego, and Bob Bybee's Demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to the First Cause of Action as it relates to claims asserted under Labor Code section 3602, and the Third and Sixth Causes of Action; SUSTAINED without leave to amend as to the Seventh Cause of action with respect to Aimee Sugita, Carlo San Diego, and Bob Bybee; SUSTAINED with ...

Excerpt: ...int alleges as follows. Plaintiff Lianna Rebolledo (“Rebolledo”) worked as a coordinator for Defendant Hombre Nuevo (“NH”) from March 2014 until her termination in February 2017. (Compl. ¶ 6.) Rebolledo was terminated while on medical leave via a letter sent by U.S. Mail. (Compl. ¶ 6.) Plaintiff was also accused of stealing and misappropriating items and trade secrets of Hombre Nuevo. (Compl. ¶ 16.) Plaintiff's requests for her personn...

Excerpt: ...T MEDIA, LLC Plaintiff's Motion to Compel Further Responses is DENIED, pending General's further responses. The motion for sanctions will not be granted, pending General's further responses. The opposition of non-party Greenberg Gross LLP is moot. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant Genera...

Excerpt: ...SLAPP STATUTE, CIV. PROC. § 425.16 Defendants Warren Kessler and Joan Kessler's Special Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for an injunction and damages related to interference with a real property easement. The First Amended Complaint alleges as follows: Plaintiff Jason Rubin (“Rubin”) owns real property in Los Angeles, located near real property owned by Defendan...

Excerpt: ...ause of action is for fraud. (Compl. ¶ 10.) PROCEDURAL HISTORY Bible filed the Complaint on April 11, 2019 alleging a cause of action for fraud. On May 29, 2019, Allred filed a Demurrer to the Complaint. On September 19, 2019, Bible filed a First Amended Complaint.[1] Bible has not filed an Opposition to the Demurrer. DISCUSSION I. MEET AND CONFER Before filing a demurrer or a motion to strike, the demurrer or moving party is required to meet an...

Excerpt: ... Deposition Subpoena is GRANTED. No sanctions are awarded. FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan Youtube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“Robin”), lefta variety of comments on...

Excerpt: ...irst, Second, Fourth and Fifth Causes of Action, and OVERRULED as to the Third Cause of Action. Defendant Century Field, Inc.'s Motion to Strike Portions of the First Amended Complaint is GRANTED with leave to amend as to the prayer for punitive damages. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint (“FAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho”) took out a loan o...

Excerpt: ... prejudice. FACTUAL BACKGROUND This action involves the sale of real property. Plaintiff Gary O'Connor (“O'Connor”) alleges that he is the trustee of a trust that is the owner of a 90.05 percent share in two parcels of real property in Los Angeles, the “Compton Property” and the “East 1st Property.” (First Amended Complaint (“FAC”) ¶ 1.) The Complaint alleges generally that O'Connor entered into a Purchase Agreement (“Purchase ...

Excerpt: ...intiff Michael Berlin, M.D. (“Berlin”) alleges that defendants Patrick Johnson, M.D. (“Johnson”) and Cedars Sinai Medical Center (“CSMC”) fell below the standard of care during a spinal surgery performed on Berlin on April 8, 2014. (FAC ¶¶ 10–13.) Berlin alleges that he did not discover the facts underlying this cause of action until December 9, 2014. (Ibid.) PROCEDURAL HISTORY Dr. Berlin filed his Complaint on March 2, 2016, alle...

Excerpt: ...andhir Tuli (“Tuli”) alleges claims for breach of contract and fiduciary duties, as well as claims for unfair competition. At the heart of this case is whether the Governing Board of defendant Specialty Surgical Center of Thousand Oaks (“SSC”) properly terminated Tuli under the operative Third Amended and Restated Operating Agreement (“Operating Agrement”) as a Member of the Board of SSC based on his sending a letter through his couns...

Excerpt: ...GROUND This is an action for declaratory relief and unjust enrichment. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Scottsdale Indemnity Company (“Scottsdale”) issued a policy for Defendant Sunset Doheny Homes Association (“Sunset”) for liability and defense against certain claims. (FAC ¶¶ 3–5.) The policy obligates Sunset to provide information that Scottsdale requests. (FAC ¶¶ 6–7.) Sunset was sued in 20...

Excerpt: ...or conversion and unjust enrichment. The Complaint alleges as follows. Plaintiff Yoon Kyung Kang (“Kang”) owned 60% of a business. (Complaint ¶ 6.) Defendant Jin Won Kim (“Kim”) was the store manager of the business. (Complaint ¶ 7.) Kim took advantage of his position in June and September 2016 by (1) changing the name of the business without the notice or consent of Kang, and (2) by selling the business for $354,500, without distributi...

Excerpt: ... conversion and fraud action arising out of the sale of an “all-you-can-eat” Korean barbeque restaurant and a soured romantic relationship. Plaintiff LB Global, Inc. (“LB Global”) is a corporation organized by cross-defendant Chris Kang (“Kang”) for the purpose of operating a Korean barbeque restaurant located at 3600 Wilshire Boulevard in Los Angeles California. (First Amended Complaint (“FAC”) ¶¶ 2, 25.) Kang is currently LB G...

Excerpt: ...The Complaint alleges as follows. Plaintiff Joel Javier (“Javier”) served in the Army from 2001 to 2005 and served in Iraq, where he sustained disabilities including PTSD, infertility, and disabling damage to his knees and shoulders. (Complaint ¶ 8.) Javier was hired by Defendant Aramco Imports, Inc. (“AII”) in February 2017. (Complaint ¶ 9.) Because of his injuries, he was required to attend regular medical appointments. (Complaint ¶ ...

Excerpt: ...Simon Palagashvili is GRANTED. Sanctions are awarded in the amount of $1,460.00 against Palagashvili and his counsel, and payable within 30 days. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose o...

Excerpt: ...otion for Summary Judgment or Summary Adjudication against the The Estate of Frank Cho's Cross-Complaint is DENIED. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and conducted drying cleaning operations there under the bus...

Excerpt: ... BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Engineering, Inc. (“Nick”) entered into a series of oral agreements with Defendant Breen Engineering, Inc. (“Breen”) whereby Nick would provide various engineering services to Breen in exchange for payment. (Complaint ¶ 7.) Although Nick provided these services, Breen has failed to pay the balance due. (Complaint ¶¶ 7–8.) Breen's Cr...

Excerpt: ...dants Paul Brant Williger and Paul Brant Williger, Inc.'s Motion to Strike Portions of 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 themselves. (Complaint ¶ 9.) In May 2016, Plain...

Excerpt: ...nc.'s Motion to Expunge Lis Pendens is GRANTED. Plaintiff Erlinda Delmo Marte's Motion to Consolidate Three Cases is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint alleges as follows. Plaintiff Erlinda Delmo Marte (“Marte”) evidently had a deed of trust executed on certain real property on Camero Avenue in Los Angeles. (FAC ¶¶ 3, 17.) Defendants Atlantic Funding (“Atlantic”), SJU Inves...

Excerpt: ...- Parties Google LLC and YouTube, LLC is GRANTED. Plaintiff's request for Sanctions id DENIED. . FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan YouTube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“R...

Excerpt: ... is GRANTED as to the Tenth Cause of Action for Breach of Contract, and DENIED as to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and c...

Excerpt: ... for Production of Documents, Set Two, is GRANTED as to Requests No. 43, 45–59, 64 <0056000300530058005500 000300440051005c0003[of these requests, and Request No. 44, which seeks only Breen's tax returns, is DENIED. The motion is likewise DENIED as to Requests No. 60–63, and 66. Both parties' requests for sanctions are DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Enginee...

Excerpt: ...rising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed for their Santa Clarita residence executed in Arthur's favor during their marriage had been a fraud perpetrated...