Excerpt: ...ck (“Beck”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an attorney/client relationship. On June 8, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence (legal malpractice); (2) breach of fiduciary duty; and (3) breach of contract. In relevant part, the Complaint alleges that Plaintiff reta...

Excerpt: ...UND This action arises out of an employment relationship. On April 12, 2021, Plaintiff filed a complaint (the “Complaint”) alleging seven causes of action for violations of the Fair Employment and Housing Act (“FEHA”). The third through seventh causes of action were alleged against Huhtamaki, Plaintiff's employer. On April 13, 2022, the Defendants in this action jointly filed a motion for summary judgment (the “MSJ”). In its ruling on...

Excerpt: ... Sessinghaus (collectively, the “Martin Plaintiffs”); and (2) Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr. (collectively, the “Ivey Plaintiffs”) RESPONDING PARTIES: (1) Defendants Benjamin Landa (“Landa”) (“Landa”); and (2) Marcel Adrian Solero Filart, M.D. (“Filart”) [1] The Court has considered the moving, opposition and reply papers. [2] BACKGROUND On May 21, 2020, the Martin Plaintiffs initiated a survivor a...

Excerpt: ...tiff; and (2) a motion to quash deposition subpoena and motion for protective order (the “MTQ”) filed by Plaintiff. MOVING PARTY: Plaintiff RESPONDING PARTY: Fahiem Gaffoor (“Fahiem”) [1] in his personal capacity and as Successor Trustee of the Gaffoor Family Trust (the “Trust”); Cameron Irons; Max Greenbriar Properties, LLC; Max Le Grande Properties, LLC, (MLGP”); Max; Valley Properties LLC and SVN Vanguard (collectively, “Defend...

Excerpt: ...e Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages for missed rest periods; (4) failure to pay wages when due; (5) failure to provide accurate and itemized wage statements; and (6) violation of the U...

Excerpt: ...ies Julie S. Wood (“Wood”) and Entertainment Insurance Services, Inc. (“EIS”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) equitable subrogatio...

Excerpt: ... LLC; Autumn Hills Operating Company LLC; Autumn Hills Operating Company, LP (“AHOC”); Mariner Health Care Management Company; and Grancare Autumn Hills LP (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) employment discrimination; (2) fai...

Excerpt: ...SPONDING PARTIES: (1) Defendant/Cross-Complainant City of Pomona (the “City”); and (2) Plaintiffs The Court has considered the moving, opposition and reply papers. [1] BACKGROUND This action concerns billboard structures (the “Billboards”) that are operated by Regency. Plaintiffs initiated this action on February 14, 2019 by filing a complaint and petition for writ of mandate. After several rounds of demurrers, Plaintiffs' currently opera...

Excerpt: ...tion and reply papers. BACKGROUND On July 12, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) foreclosure of mechanic's lien. The Complaint named Ramon Espinoza (“Ramon”) as the Defendant. In relevant part, the Complaint alleges: on or about December 27, 2018, Plaintiff and Ramon entered into entered into a home improvement contract (the “Contract”) for Plaintiff to perform a construction project to real property (th...

Excerpt: ... (“Verdugo Hills”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of alleged misconduct that occurred while Edgar Dionicio Calderon (“Decedent”) was a patient at Defendants' hospital. The complaint (the “Complaint”) alleges violations of the Elder Abuse and Dependent Adult Civil Protection Act (the “Elder Abuse Act”). On August 2, 2022, ...

Excerpt: ...tiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of various alleged fraudulent transfers. The currently operative first amended complaint (the “FAC”) alleges: (1) intentional misrepresentation; (2) intentional fraudulent concealment; (3) negligent misrepresentation; (4) breach of fiduciary duty (5) breach of written contract; (6) avoidance of constructive fraudulent transfers; (7) avoid...

Excerpt: .... Davidyan (“Davidyan”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of real property (the “Property”). On April 16, 2021, Atlas filed a complaint (the “Complaint”) alleging: (1) fraud; (2) undue influence; (3) financial abuse; (4) quiet title; (5) cancellation of instruments; (6) return of real property to elder/dependent adult; and (7) inten...

Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of the purchase of a vehicle (the “Vehicle”) manufactured and distributed by Moving Defendant. Plaintiff initiated this action by filing a complaint (the “Complaint”) on March 1, 2022. The currently operative first amended complaint (the “FAC”) alleges four causes of action for warranty breaches under the Song-Beverly Act and a fifth cause of action for fraudulent induc...

Excerpt: ...ion to strike/tax costs filed by Defendants Christian Rodgers (“Mr. Rodgers”) and Lyndsy Rodgers (“Ms. Rodgers”) (collectively, “Defendants”) (the “Rodgers Costs Motion”); and (3) a motion for attorney's fees filed by Plaintiff (the “Fees Motion”). MOVING PARTIES: (1, 3) Plaintiff; (2) Defendants RESPONDING PARTIES: (1) Defendants; (2) Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On Ap...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning Miracle Estate, LLC (the “LLC”), a limited liability company co-owned by Plaintiff and Defendant.[1] On March 7, 2022, Plaintiff filed a complaint (the “Complaint”) to involuntarily dissolve the LLC pursuant to Corporations Code section 17707.03, subdivision (a). On April 4, 2022, Defendant filed an answer (the “Answer”)...

Excerpt: ...Y: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. On October 4, 2022, Moving Defendant fil...

Excerpt: ...eka Wilson (“Wilson”); Delvorine Gabourel (“Gabourel”); and Erendira Ramirez (“Ramirez”) (collectively, “Petitioners”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiffs, individually and as g...

Excerpt: ... Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the death of Vincent Paul Martin (“Mr. Martin”). Plaintiffs allege that Mr. Martin died from COVID-19 at the onset of the COVID-19 pandemic while admitted at HPHC, a nursing facility. The currently operative fourth...

Excerpt: ...s”). Defendant Cloudbreak Inglewood, LLC (“Cloudbreak”) filed four motions to compel further (collectively, the “MTCFs”): (1) a motion to compel further responses to its Requests for Production, set one (the “RFP MTCF”); (2) a motion to compel further responses to its Form Interrogatories, set one (the “FROG MTCF”); (3) a motion to compel further responses to its Special Interrogatories, set one (the “SPROG MTCF”) [1]; and (...

Excerpt: ... judgment/adjudication (collectively, the “Motions”): (1) filed by Defendant Angelica Chavez (“Chavez”) (the “Chavez MSJ”); and (2) filed by Defendant Labornow, Inc. (“Labornow”) (the “Labornow MSJ”). MOVING PARTIES: (1) Chavez; (2) Labornow RESPONDING PARTY: Plaintiff Simplified Labor Staffing Solutions, Inc. (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out ...

Excerpt: ...e moving, opposition and reply papers. The Court exercises its discretion and has considered the opposition papers despite their late filing. (See California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).) BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The currently operative first amended complaint (the “FAC”) alleges violations of the Mag...

Excerpt: ...ont Television USA, LLC (“Gaumont”) and Gaumont SA (“Gaumont SA”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the termination of an employment relationship. Plaintiff's currently operative second amended complaint (the “SAC”) alleges: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair deali...

Excerpt: ...s. BACKGROUND This action arises out of an employment relationship. On August 15, 2022, Plaintiff filed a motion to compel Habib's deposition (the “Motion”). DISCUSSION Under CCP section 2025.450, where a deponent fails to attend a deposition and produce documents, an opposing party can ask the court to order the deponent's attendance and testimony at a deposition, as well the production of the documents specified in the deposition notice. Th...

Excerpt: ...LLC (“Concord”); My Management Co., Inc. (“MMC”); MZL Properties, Inc. (“MZL”); and Afton Properties, Inc. (“Afton”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP�...

Excerpt: ...arises out of injuries sustained in an alleged automobile accident that occurred while Petitioner was operating her personal vehicle as a driver for the Uber rideshare app. Petitioner filed a petition (the “Petition”) to establish the Court's jurisdiction over this matter which the parties intend to adjudicate in underinsured motorist arbitration. Respondent filed a motion for protective order (the “Motion”) seeking to preclude Petitioner...

Excerpt: ...iffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On January 21, 2021, Ferrer filed a complaint (the “Complaint”) on behalf of himself and all ot...

Excerpt: ...on the issues submitted for the Court's determination in the stipulation filed on July 1, 2022 (the “Stipulation”). DISCUSSION This action concerns a dispute concerning the Biafora Family Limited Partnership (“BFLP”). Among the causes of action alleged in Plaintiffs' currently operative second amended complaint (the “SAC”) is a cause of action for dissolution of BFLP. During the pendency of this action, Defendants initiated buyout pro...

Excerpt: ...SPONDING PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) [1] (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges: violation of Civil Code section 52.1; (2) violations of 42 USC section 1983; (3)municipal liability – failure to train; (4) Fourth Amendment – excessive force; (...

Excerpt: ...ng and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a landlord/tenant relationship and a previously litigated unlawful detainer lawsuit. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Civil Code sect...

Excerpt: ...pers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute concerning real property. Plaintiff filed five discovery motions: (1) a motion to compel further responses to special interrogatories, set 2 (the “SPROG 2 Motion”); (2) a motion to compel further responses to special...

Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges financial elder abuse. In relevant part, the Complaint alleges: Plaintiffs are successors in interest of Elisa Carbajal (“Decedent”), who died on May 26, 2021. (Complaint ¶¶ 7, 9.) Between 2000 through 2018, Decedent held an ownership interest in real property (the “Propert...

Excerpt: ...ve been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On March 3, 3017, the Court entered judgment in favor of Plaintiff and against Defendant Donte Antuan Jackson (“Jackson”) in the amount of $30,643.11. On July 12, 2022, Defendant and Judgment Debtor Donte Antuan Jackson (“Defendant”) served a claim of exemption (the “Claim”...

Excerpt: ...) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano AND Kathryn Sessinghaus (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND On May 21, 2020, Plaintiffs initiated this action, which arises out of the death of Vincent Paul Martin at the onset of the COVID-19 pandemic while admitted at HPHC, a nursing facility. The currently operative fou...

Excerpt: ...oving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges violations of Business and Professions Code section 17200. In relevant part, the Complaint alleges: Plaintiff entered into a lease agreement (the “Lease Agreement”) with Moving Defendant to rent property (the “Property”) in around 2015. (Complaint ¶ 5.) Pursuant to the Lease Agreemen...

Excerpt: ...position and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts a representative claim for Labor Code Violations pursuant to the Private Attorneys General Act (“PAGA”). On July 29, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that during his employment, Plaintiff signed a binding arbitration agreement (the “Arbitr...

Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On April 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) a representative action for civil penalties for various Labor Code violations pu...

Excerpt: ...Plaintiff The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute concerning real property (the “Property”). Plaintiff initiated this action on October 21, 2021, by filing a...

Excerpt: ...iff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive eviction; (7) violation of Civil Code section 1942.3; and (8) breach of statutory duty under Civil Code section 1950.5. The relevant allegations ar...

Excerpt: ...edifar”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Nina Hunt and S&A Realty Corp. (collectively, “Broker Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3)...

Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination on the basis of disability; (2) discrimination on the basis of race; (3) work environment harassment; (4) retaliation under Government Code section 12940; (5) failure to prevent discrimination, harassment and retaliation; (6) retaliation under Labor Code section 1...

Excerpt: ...tion and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts representative claims on behalf of herself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On August 16, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that during her employment, Plaintiff signed a binding arbitration ag...

Excerpt: ...odgers Motion”) MOVING PARTIES: (1) Plaintiff; (2) Defendants RESPONDING PARTIES: (1) Defendants; (2) Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On April 18, 2018, Plaintiff filed a complaint (the “Complaint”) alleging 13 causes of action arising out of misconduct that occurred while Plaintiff lived with Defendants and workedA jury trial was held on April 11, 2022. Before the jury deliberated, Pla...

Excerpt: ...: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship and alleged wrongdoing related to the termination of the business relationship. Plaintiff initiated this action on December 31, 2020 by filing a complaint and petition for writ of mandate (the “Complaint”) alleging: (1) writ of mandate pursuant to Corporations Code section 17704.10 and California Code of C...

Excerpt: ...ition, and reply papers. BACKGROUND On June 4, 2021, Maurice Belle (“Plaintiff”) commenced the present action by filing a Complaint against his former employer, Urban Alchemy (“Defendant”). Plaintiff's Complaint is premised upon the allegation that Defendant wrongfully terminated Plaintiff on the basis of his medical disability (i.e., high blood pressure and shoulder, leg, and knee injury), and that Defendant failed to pay Plaintiff appro...

Excerpt: ...TRIKE [Code of Civil Procedure §§ 418.10(a)(1)] Date: September 28, 2022 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Wells Fargo Bank RESPONDING PARTY: Maha Visconti The Court has considered the moving, opposition, and reply papers. BACKGROUND On May 31, 2022, Plaintiff filed her Complaint. On August 1, 2022, Defendants demurred to Plaintiff's Complaint. On the same day, they moved to strike portions of Plaintiff's Complaint. On September 19, 2022, ...

Excerpt: ...DANT AMERICAN YOUTH SOCCER ORGANIZATION'S DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Date: September 28, 2022 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant AMERICAN YOUTH SOCCER ORGANIZATION RESPONDING PARTY: Plaintiffs JOHN LWS DOE, JOHN LSS DOE, and JOHN LHS DOE. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed their complaint in this action on March 16, 2022. They filed the currently operat...

Excerpt: ...t”) alleging: (1) public nuisance; and (2) unfair competition. Defendants filed an answer (the “Answer”) to the Complaint on June 13, 2022. On June 23, 2022, Defendants filed an amended answer (the “AA”) to the Complaint asserting 37 affirmative defenses. On August 4, 2022, Plaintiff filed a demurrer (the “Demurrer”) to the (1) second, third, fifth, 10th through 14th, 20th through 23rd, 30th, 33rd, 36th, and 37th affirmative defense...

Excerpt: ...Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive eviction; (7) violation of Civil Code section 1942.3; and (8) breach of statutory duty under Civil Code section 1950.5. The relevant allegati...

Excerpt: ... NICHOLS The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of the alleged wrongful foreclosure sale of real property (the “Property”). The currently operative first amended complaint (the “FAC”) alleges: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2924, subdivision (a)(1); (3) unfair business practices in violation of Business and Professions Code secti...

Excerpt: ...ast nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This case arises out of an alleged debt. Plaintiff's complaint (the “Complaint”) alleges: (1) open book account; (2) account stated; (3) reasonable value; (4) breach of contract; and (5) personal guaranty. On August 5, 2022, Plaintiff filed a motion for terminating sanctions against Defendant Rafael Quinonez (�...