Excerpt: ...s old who was terminated while on medical leave and replaced by a younger, less qualified employee. Defendant M.S. Aerospace was allegedly Plaintiff's employer, and Defendant Smith is allegedly a manager of M.S. Aerospace. On October 31, 2022, the Court granted Defendant's motion to compel arbitration. Arbitration was thereafter initiated, and an arbitrator was appointed. However, on May 17, 2023, JAMS issued an invoice for $86,000 that was due u...

Excerpt: ... violations. As part of discovery, Plaintiff propounded certain Requests for Production to which Defendant Jet Aviation initially objected based on scope. After meeting and conferring, the parties agreed to limit the RFPs to certain date ranges, custodians, and search terms. On July 6, 2023, Plaintiff filed the instant motion to compel compliance with the RFPs because Defendant has not produced the documents by the agreed-upon deadlines. Defendan...

Excerpt: ... video wall fell down from a stage upon Plaintiff at an event held at Griffith Park in Los Angeles. The Court previously granted in part Defendants' motion to strike punitive damages claim from Plaintiff's complaint. Plaintiff then filed a first amended complaint (FAC) on March 23, 2023. Defendants now move to strike Plaintiff's claim for punitive damages from her FAC and associated language within the FAC. Plaintiff opposes the motion. ANALYSIS ...

Excerpt: ... an approximately 1,2000 pound, ten foot tall, video wall fell down from a stage upon Plaintiff Tracey Iraca (Tracey) at an event held at Griffith Park in Los Angeles. The Court previously granted in part Defendants' motion to strike punitive damages claim from Plaintiffs' complaint. Plaintiff then filed a first amended complaint (FAC) on March 23, 2023. Defendants now move to strike Plaintiffs' claim for punitive damages from their FAC and assoc...

Excerpt: ...ollision. Plaintiff moves to quash the subpoenas issued by Defendants to (1) Kaiser Permanente Southern California; (2) Kaiser Permanente, The Central Release of Information Unit; and (3) Kaiser Permanente Radiology Release of Information Unit. In the alternative, Plaintiff moves for a protective order. Defendants oppose the motion. Plaintiff replies. On June 7, 2023, the original hearing date for the instant motion, the Court continued the heari...

Excerpt: ...us condition at issue, in addition to the already plead theory that Defendant had actual notice of said dangerous condition, based on new facts learned through discovery and a recent Motion for Summary Judgment filed by Defendant. Defendant opposes the motion. ANALYSIS Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ... that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded...

Excerpt: ...trespass, and (3) unjust enrichment. The complaint alleges that the parties entered into a written contract wherein Plaintiff agreed to provide furniture in connection with the sale of a property in Beverly Hills. Defendants were allegedly obligated to make monthly payments for continued use of the furniture. Defendants allegedly breached the contract by defaulting on payments, retaining possession of the furniture, and failing to return the furn...

Excerpt: ...f contract, (2) breach of the covenant of good faith and fair dealing, (3) tenant harassment, (4) contractual interference, (5) declaratory relief, (6) negligence, and (7) unfair competition. According to the SAC, a prior dispute between the parties resulted in a Tenant Settlement Agreement (TSA), which essentially granted Plaintiffs tenancy for life at the subject premises. Plaintiffs allege that Defendants attempted to work around the TSA by fa...

Excerpt: ...ices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, alleging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Disne...

Excerpt: ...lex but that Defendant only partially paid Plaintiff for his work. Plaintiff alleges that the parties had a written agreement. Plaintiff claims damages of $200,000. On April 5, 2023, the Court granted Defendant's motion to deem matters admitted because Plaintiff failed to respond to requests for admission. Plaintiff had not filed an opposition and did not appear at the hearing. On April 21, 2023, Defendant filed the instant motion for summary jud...

Excerpt: ...at Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly demanded a ...

Excerpt: ...ion arise from Plaintiff's purchase of a 2022 Honda HR-V (Vehicle). Discussion Defendant Honda moves to compel Plaintiffs to submit this action to binding arbitration. Honda presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Imperial Valley Honda. (Sadeghi Decl. Ex. 1.) Plaintiff's causes of action fall within the broad scope of this arbitration clause because the causes of action relat...

Excerpt: ...n September 14, 2022, Plaintiff filed an amendment to the complaint naming Stanley Ingel as Doe 1. On October 25, 2022, Ingel filed a motion to quash the Doe amendment on the grounds that Plaintiff did not satisfy the requirements for a Doe amendment because Plaintiff has known of Ingel's identity and potential liability for years. On November 8, 2022, Plaintiff filed a separate action against Ingel for accounting malpractice, Gary Korngold v. St...

Excerpt: ...legedly owned or managed the property at various times throughout Plaintiffs' tenancy. The operative Third Amended Complaint was filed on June 7, 2023. The action now involves sixty-one Plaintiffs. On June 7, 2023, eleven of the Plaintiffs filed motions to quash subpoenas for their medical records. Defendant 6317 Flora Ave, LLC, who issued the subpoenas, filed its oppositions to each motion on June 20, 2023. Plaintiffs replied on June 22, 2023. L...

Excerpt: ... against three defendants – one of which included J. Alexander, Co. (“Plaintiff JACO”) for breach of contract. The action proceeded to trial on April 12, 2023, whereby Plaintiff AMMCO subsequently won a jury verdict. Following the conclusion of the trial, Defendant JACO filed a motion to tax cost on the following items from Plaintiff AMMCO: (1) Item 12, “Models, enlargements, and photocopies of exhibits”, and (2) Item 16, “Other”, f...

Excerpt: ...alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton allegedly d...

Excerpt: ...ion, harassment, retaliation, and failure to prevent. On May 31, 2023, Plaintiff filed the instant motion to quash subpoenas seeking records from Kaiser Permanente and Rusty Levin. Defendant filed its opposition on June 14, 2023. Plaintiff replied on June 21, 2023. LEGAL STANDARD “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things …, the court, upon moti...

Excerpt: ...tion for (1) breach of contract, (2) foreclosure of mechanic's lien, (3) violation of Civil Code section 8800, (4) breach of the implied covenant of good faith and fair dealing, and (5) common counts. The complaint arises from unpaid work that Plaintiff, a contractor, performed on the home of Defendant Messer. Plaintiff contracted with Defendants TNT Simmonds and J. Alexander Company to serve as a contractor for the fabrication and erection of st...

Excerpt: ..., (3) open book account, (4) account stated, (5) foreclosure of mechanics lien, and (6) recovery of statutory penalties. Defendant Autobuilders was the contractor on a certain project owned by Defendant P.T. Enterprises. Plaintiff contracted with Autobuilders to be the subcontractor on the project. This lawsuit arises from an alleged unpaid balance of over $500,000 owed to Plaintiff. On June 5, 2023, Defendants filed the instant demurrer to the f...

Excerpt: ...hase of a condominium unit in Downtown Los Angeles sold by Defendant, Broadway Elite, LLC (“Defendant Broadway”) and filed an action to recover the total amount they deposited in the sum of $61,950.00. Defendant Broadway disputed the grounds that Plaintiffs relied upon in their recovery action and sought to retain the aforementioned deposit as liquidated damages from the canceled transaction. A bench trial for the action was completed on Marc...

Excerpt: ...iscrimination, harassment, retaliation, and failure to prevent. Defendant presently moves to compel Plaintiff's further responses to Requests for Admission, Form Interrogatories, and Special Interrogatories. LEGAL STANDARD Upon receiving responses to requests for admission or interrogatories, the propounding party may move for an order compelling further responses if the party finds that an objection is without merit or an answer is incomplete or...

Excerpt: ... and were uncertain. Plaintiff filed the operative Second Amended Complaint on February 21, 2023, alleging (1) breach of contract, (2) general negligence, (3) intentional tort, and (4) premises liability. On April 28, 2023, the Court sustained Defendant's demurrer without leave to amend as to every cause of action except premises liability. On June 1, 2023, Defendant filed the instant motion to stay the proceedings pending the appeal of a prior u...

Excerpt: ...laint alleges that Defendant E&B Natural Resources Management Corporation (E&B) sought to purchase a 25% stake in WGH. Due to financial issues with its lenders, E&B could not directly deal with WGH. Instead, E&B allegedly formed Defendant Triton LA, LLC (Triton) to hold E&B's 25% interest in WGH. The complaint alleges that the arrangement was induced by fraud and that Defendants merely sought to take over WGH's assets for themselves. Triton alleg...

Excerpt: ...ld not maintain his claims based on California's Song-Beverly Act. However, Plaintiff was given leave to amend the complaint to assert claims under federal and Missouri law. On August 22, 2022, Plaintiff filed the operative First Amended Complaint, asserting causes of action for (1) violation of the Magnuson-Moss Act, (2) breach of express warranty, and (3) breach of implied warranty. On May 3, 2023, Defendant filed the instant motion to dismiss ...