Excerpt: ...nctioned, jointly and severally with counsel, $3,500.00. Plaintiff is directed to address all metadata issues associated with its two most recent productions, within 30 days of entry of this order. If Plaintiff failed to resolve this issue, One Day Defendant may renew its request for an OSC: re contempt. On April 21, 2022, Plaintiff CBD Franchising, Inc. (“Plaintiff”) filed a complaint against Defendants Central Jersey Doors & Closets, LLC, M...

Excerpt: ...ant family Trust, and South Main Street Properties, LLC (collectively, Plaintiffs) initiated thi s action. On 2/8/2024, Plaintiffs filed a verified third amended complaint (TAC) against the Harb Family Trust dated 11/1/1996, the Irrevocable Trust of chou Bo Chan Chiu (1997) for the benefit of Samson Chiu, and Fusion Investments, LLC (Fusion) alleging: (1) decla ratory relief; and (2) quiet title -adverse possession. On 3/7/2024, Fusion demurred t...

Excerpt: ... Offices of Mendlovitz & Sanchez, alleging: (1) breach of written contract; (2) conversion; (3) promissory estoppel; (4) imposition of constructive trust; and (5) declaratory relief. On 1/30/2024, Defendant Michael A. Foster (Defendant) demurred to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's fourth and fifth causes of action (the only claims asserted against Defendant here) are moot. Plaintiff's Complaint concedes that “...

Excerpt: ...Energy Inc., Timothy James Parker, Clifford E. Peter Allen, St James Oil Corporation, and Archdiocese of Los Angeles. Plaintiff filed the operativ e Second Amended Complaint on September 3, 2021 for (1) negligence and (2) strict liability for ultrahazardous activity. Plaintiff now moves to strike or tax costs set forth in Defendant Roman Catholic Archdiocese's (“Defendant”) memorandum of costs. Defendant opposes. Legal Standard In general, th...

Excerpt: ... Diannah Meams and Adam Meams, by and through his guardian ad litem, Diannah Meams (“Plaintiffs”), filed suit against defendants Cedars -Sinai Medical Center, Larry Froch, M.D. and Christopher Shepherd, M.D. alleging a single cau se of action for medical malpractice wrongful death. On June 20, 2023, this case was transferred to this department from Spring Street Courthouse Department 29 following a determination that this action is complicate...

Excerpt: ...ris Au (Plaintiff) filed suit against Enzo Zelocchi (Zelocchi), Kenneth Childs (Childs), and David Do (Do) (collectively “Defendants”) alleging: (1) Intentional Infliction of Emotional Distress (IIED); (2) Attempted Extortio n; (3) Aiding and Abetting Attempted Extortion; (4) False Light; and (5) Defamation Per Se. On November 22, 2023, Plaintiff filed motions to compel further discovery responses from Childs (hereinafter “Defendant”). Pl...

Excerpt: ...al; PINA REALTY, INC., A California Corporation; and DOES 1 through 20, inclusive; Case No.: 23STCV26987 Hearing Date: April 3, 2024 The Court DENIES the motion to strike. Brief Background On November 2, 2023, Plaintiffs Debbie Mejicanos, Heli Santamaria, Jordy Santamaria, a minor by and through his Guardian Ad Litem, Debbie Mejicanos; Allan Quintalla, Derick Quintalla, and Gessel Rosales (collectively “Plaintiffs”) filed their Complaint in L...

Excerpt: ...S 1 through 10, inclusive. Case No.: 21STCV17667 Hearing Date: April 2, 2024 Defendant Adam Jeffrey Hall's Motion to Expunge Lis Pendens is GRANTED. On January 29, 2020, Plaintiff Sang Rim Son, as Trustee of the Sang Rim Son Living Trust UA dated 9/20/18 (Plaintiff) filed this suit against Defendants Adam Jeffrey Hall; Broker Solutions, Inc. dba New American Funding; Pacific Title Company; Mortgage Electronic Registration Systems, Inc., acting so...

Excerpt: ... The Complaint named (i) Golden Day Schools, Inc. (Golden Day) and (ii) Clark Parker. It is the operative complaint in that civil action. (Heyn Decl . ¶ 3.) On April 10, 2019, the Department filed a second complaint in this Court initiating Case No. 19STCV12595. On November 5, 2019, the Department filed the operative First Amended Complaint in Case No. 19STCV12595. (Heyn Decl. ¶ 4; Ex. 2.) Like the initial com plaint in that case, the First Ame...

Excerpt: ...May 11, 2021, Plaintiffs Michael Horner and Thomas Horner, as Co-Trustees of the Horner Family Trust (Plaintiffs) filed this suit against Defendants Strong Wealth Management LLC; George G. Strong III (Defendants); and DOES 1 -10, inclusive, alleging (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; and (5) financial elder abuse. Plaintiffs move for an award of reasonable attorneys' fees against Defendants in the sum...

Excerpt: ...ntiff”) filed a complaint against defendants YHALLTOGETHER, Inc. (“YT”), Young Hee Seo (“Young”) and Does 1-50 (“Defendants”) alleging three causes of action for (1) conversion, (2) retaliation, and (3) w rongful termination. Young is YT's CEO and CFO. (Compl., ¶ 3.) In late September or early October 2023, Plaintiff began working as a cashier at a restaurant owned by Defendants. (Compl., ¶ 11.) Plaintiff alleges that was subject ...

Excerpt: ...Complaint is DISMISSED with prejudice against Defendant Redwood Fire and Casualty Insurance Company. On July 20, 2022, Plaintiffs Ghazar Shabazyan and Gold Point Towing Inc. (Plaintiffs) filed suit against Defendants Berkshire Hathaway Homestate Insurance Company (Berkshire), Redwood Fire and Casualty Insurance Company (Redwood), Coverhound LLC dba Coverhound Insurance Solutions (Coverhound), and DOES 1 - 50 (collectively, Defendants) alleging: (...

Excerpt: ...rs LLC (“Defendant”) on April 11, 2023. On September 26, 2023, Plaintiff served 56 requests for production, 5 of which are at issue here. (Liu Decl., Ex. 7). On the same day, Plaintiff propounded discovery requests, Plaintiff sent a meet -and-confer letter regarding Electronically Stored Information (“ESI”). GM served Plaintiff with full and complete responses to Plaintiff's Requests for Production on October 25, 2023. (Liu Decl., Ex. 8 a...

Excerpt: ...37- 60, and 70. The Motion is denied as to RPD Nos. 1, 14, 15, and 16. Background - Procedural History On June 14, 2023, LWL Co., Inc., (Plaintiff) filed a Complaint against Ford Motor Company (Defendant) for two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. After Plaintiff propounded Requests for Production on October 2, 2023, respon...

Excerpt: ...Plaintiff Jose Guadalupe Soto-Rodriguez' (Plaintiff) claim that he developed silicosis and consequential injuries through his employment working with stone products manufactured, distributed, and/or supplied by Defendants. On February 2, 2024, Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed the operative first amended complaint against 39 Defendants, alleging: (1) negligence; (2) strict liability —war...

Excerpt: ...istleblower retaliation; (2) wrongful termination; (3) non - payment of earned wages; (4) failure to reimburse business expenses; (5) failure to pay overtime wages; (6) failure to provide duty-free meal periods; (7) failure to provide duty free rest periods; (8) failure to provide accurate itemized wage statements; (9) deficient pay penalties; and (10) waiting time penalties. Amallal moved for summary judgment on the grounds that he was not Plain...

Excerpt: ...ran Abshah, IPN TV, and Does 1 -100. Eghbali is a principal and sole shareholder of Eghbali Inc. and the president of Ayenah. Oitn stands for Omid Iran TV. Rafiee is a principal and officer of Oitn. Abshah is a principal and shareholder of IPN. Eghbali is a Persian artist/vocalist and social activist. Party's Request : Defendant Abshah moves for a protective order confirming the automatic stay of all proceedings, including discovery, as to Abshah...

Excerpt: ...through her successor- in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC). On 5/15/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder abuse; and ...

Excerpt: ...nt; (3) conversion in violation of Penal Code section 496; and (4) money had and received. On 2/21/2024, Plaintiff moved for leave to amend to file a first amended complaint (FAC). Discussion Plaintiff argues that good cause exists to grant leave to amend to allow new facts to be alleged. After review, the Court agrees. Plaintiff does not seek to add any new causes of action. Rather, Plaintiff seeks to add new allegations that Defendants knowingl...

Excerpt: ...nd Jacqueline Ferrari aka Jacqueline Wilson. On 6/30/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, Defendants demur to Plaintiff's FAC. Discussion Defendants argue that subject matter jurisdiction is lacking in this matter, that Plaintiff does not have standing to pursue these claims...

Excerpt: ...'s Restaurant, Inc. (Defendant), alleging: (1) failure to pay minimum wages; (2) failure to pay overtime compensat ion; (3) failure to provide meal periods; (4) failure to authorize and permit rest breaks; (5) failure to indemnify necessary business expenses; (6) failure to timely pay final wages; (7) failure to provide accurate itemized wage statements; and (8) unfair business practices. On 2/8/2024, Defendant demurred to Plaintiff's Complaint. ...

Excerpt: ...AC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (G RI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 1/29/2024, the Govind Parties moved to disqualify Mr. Alfred Anyia as counsel. Discussion The Govind Parties argue that Mr. Alfred Anyia should be disqualified as counsel for Prashant and Mita based on ...

Excerpt: ...ties; (3) failure to reimburse business expenses, and violation of B usiness and Professions Code section 17200. On 2/20/2024, Plaintiff moved for leave to file a first amended complaint (FAC) Discussion Plaintiff seeks leave to amend to file a FAC. The proposed amendment would add factual allegations and causes of action related to (1) threats to hurt or kill Plaintiff and her family made by Defendant Chaudhari and Plaintiff's emotional distress...

Excerpt: ...gal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. ( See Code Civ Proc., §§ 435- 437.) A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the cou...

Excerpt: ... through her guardian ad litem Arely I. Perez, Justin N. Perez, a minor by and thro ugh her guardian ad litem Arely I. Perez, Flor De Maria Marroquin, Angela V. Garcia minor by and through her guardian ad litem Flor De Maria Marroquin, and Yanelin R. Perez filed suit against Beach City Properties, alleging: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; ...

Excerpt: ...s of entry of this order. The Court previously sanctioned Southern Motion, jointly and severally with counsel, $2,800. Now, the Court sanctions Southern Motion, jointly and severally with counsel, $5,600, payable within 20 days of entry of this order. On 2/21/2020, Plaintiff Era Nouveau Holdings, LLC (ENH or Era Nouveau or Enouvation) filed a Complaint against Southern Motion, Inc. (SM or Southern Motion), setting forth a claim for declaratory re...

Excerpt: ...1600 provides: (a) Time for service of memorandum Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply. (b) Effect of failure to serve memorandum If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court m...

Excerpt: ...er against Wen Xie, Ravinder S. Grewal, Happy Day, Inc dba Baker Travel Plaza., and Glenwind Enterprises. On 1/30/2024, Michael A. Foster moved for an order to deposit stock certificates with the Court. Foster also seeks attorney fees and costs totaling $13,570.17. Factual Background Foster seeks to deposit stock certificates which are in his possession, and which are the subject of a dispute over ownership. That ownership dispute is the subject ...

Excerpt: ...IED IN PART, consistent with the ruling set forth below. Accordingly, the Court declines to award sanctions as part of this motion. On 11/4/2022, Plaintiff Jane Doe C.J. filed suit against Doe #1 (a public entity) and Doe #2 alleging personal injuries and damages from childhood sexual abuse. On 10/10/2023, Plaintiff moves to compel further responses From Defendant to her Form Interrogatories and her Requests for Production (RFPs). For ease, the C...

Excerpt: ...ur laws— unpaid vacation; (3) violation of rest period law; (3) violation of meal period law; (5) violation of wage and hour laws —unpaid overtime wages; (6) failure to pay wages; (7) failure to provide accurate wage statement; (8) violation of Labor Code section 2810.5; (9) failure to provide COVID-19 paid sick leave; (10) violation of per diem rates; (11) waiting time penalties; (12) violation of Business and Professions Code section 17200;...

Excerpt: ...scrimination based on sex/gender; (2) failure to accommoda te; (3) failure to engage in timely and good faith interactive process; (4) retaliation; (5) harassment based on disability and sex/gender; (6) failure to prevent; (7) whistleblower retaliation; (8) violations of California Fair Pay Act; and (9) wrongful discharge in violation of Public Policy. On 1/22/2024, Defendants moved to compel Plaintiff to arbitrate her Complaint. Legal Standard W...

Excerpt: ...prevent discrimination; (5) disability discrimination; (6) failure to accommodate; and (7) failure to engage in the interactive process. On 12/14/2023, Plaintiff moved to file a Second Amended Complaint (SAC). Discussion Plaintiff seeks to leave to amend to delete his allegations regarding disability discrimination, and to add allegations of race/ethnic discrimination. The policy favoring leave to amend is so strong that it is an abuse of discret...

Excerpt: ...Health Sciences, Inc., Edward W. Withrow III, Calli Bucci, and Shala Melamed (collectively, Defendants). On November 19, 2018, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) failure to pay wages; (2) failure to indemnify; (3) wrongful termination; (4) retaliation—Government Code 12940, subdivision (h); (5) retaliation—Labor Code section 6310; (6) retaliation—Labor Code section 1102.5; (7) fraud; (8) failur...

Excerpt: ...mplaint. On 2/20/2024, Plaintiff opposed. Discussion Defendant argues that Plaintiff's Complaint must be dismissed on the following grounds: ( 1) The Plaintiff does not have standing or legal capacity to sue; (2) There is another action pending between the Plaintiff and Defendant on the same cause of action; (3) The court lacked subject matter jurisdiction over the unlawful detainer cause of action because the Defendant was not served with any of...

Excerpt: ...ing: (1) rescission; (2) complaint in equity to set aside; (3) fraud; (4) fraud; (5) common counts; (6) common counts; (7) constructive trust; and (8) negligent infliction of emotional distress. Now, Chabad of Ojai Valley (COV) moves to set aside judgment and dismiss this case for lack of jurisdiction over the internal affairs of trusts. Discussion This action arises out of a Stipulated Judgment entered 2/6/2023, which struck, in part, a $75,000 ...

Excerpt: ..., alleging a violation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. On 2/5/2024, Defendant moved for a judgment on the pleadings. On 2/16/2024, Plaintiff opposed. Discussion Defendant argues that it is entitled to a judgment on the pleadings because Plaintiff's Notice of Violation is defective, and Prop 65 requires strict compliance with pre-suit notice requirements. In support of the first contention (i.e, the No...

Excerpt: ...laintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. On 2/1/2024, Plaintiff CBD filed a renewed motion to compel further responses to Defendants' s...

Excerpt: ...each of contract and declaratory judgment. On 8/2/2023, the Court granted CDE's motion for summary adjudication and motion in limine no. 1. On 1/25/2024, Plaintiff moved for an order lifting the stay of these consolidated civil actions and directing the clerk to enter judgment in BC705147 and 19STCV12595. Discussion On June 16, 2023, the Court held a hearing on the motion for summary adjudication and a related motion in limine. (Heyn Decl. ¶ 6.)...

Excerpt: ...d a first amended complaint (FAC), alleging the same causes of action. Now, Defendant demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to support her claims. As a preliminary matter, Plaintiff filed an amended complaint. However, California law is clear that a party may only amend its pleading once without leave of Court. (CCP § 472.) Given that Plaintiff already filed a FAC without leave of ...

Excerpt: ...on to compel further responses to its RFPs is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. Plaintiff's motion to compel further responses to its FROG No.17.1 is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. On 4/21/2022, Plaintiff CBD Franchisin...

Excerpt: ...ornia. Plaintiff is sanctioned, jointly and severally with counsel, $1,100, payable within 20 days. On 6/24/2022, Plaintiff Alfredo Lopez (Plaintiff) filed suit against Martin L. Berman, Esq., Law Offices of Pflaster & Berman, and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. On 2/9/2023, Defendants Martin L. Berman, Esq. and Law Offices of Pflaster & Berman moved to compel the deposition of Plaintiff...

Excerpt: ...) fraud. On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross -complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence. On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) ...

Excerpt: ...o reimburse business expenses, and violation of Business and Professions Code section 17200. On 11/7/2023, Plaintiff moved to quash Defendant Fountain of Wellbeing, Inc.'s deposition subpoena for production of business records issued to David Belasco. Factual Background This action pertains to a business dispute brought by the former CEO of a cannabis company. Discussion Plaintiff argues that Defendant's deposition subpoena must be quashed becaus...

Excerpt: ...r quod; (3) violation of the Unruh Act; (4) violation of the Ralph Act; (5) violation of the Bane Act; (6) assault; (7) negligence; and (8) intentional infliction of emotional distress. Now, Defendants move to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §...

Excerpt: ...f of Graphic Research, Inc. dba Gtek/Bycan Systems filed a second amended complaint (SAC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 2/1/2024, Prashant and Mita moved for an order enforcing the compliance of the Govind Parties with the terms of the S...

Excerpt: ...sing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. On 12/08/2023, Plaintiff moved for summary adjudi...

Excerpt: ... Act. On 11/9/2023, Plaintiff moved to compel the deposition of Defendant's PMK. Discussion Plaintiff argues that an order compelling Defendant to produce a PMK is necessary. Plaintiff argues that Defendant has failed to produce a witness to be deposed on the noticed categories, and has engaged in gamesmanship. In opposition, Defendant indicates that it agreed, and remains willing, to produce a PMQ on 9 of the 23 categories in Plaintiff's PMK dep...

Excerpt: ...the Sheriff's Department), and former Los Angeles County Sheriff Alex Villanueva (Villanu eva), in his official capacity (collectively, Defendants), alleging: (1) breach of contract; (2) services rendered/quantum meruit; (3) promissory estoppel; and (4) open book account. Now, Defendants demur to Plaintiff's Complaint. Factual Background This action arises out of fees allegedly owed to Plaintiff incurred during its representation of Villanueva in...

Excerpt: ...st Ai Ai Leung, Patrick Lau, and AP Development, LTD (collectively, Defendants), alleging: (1) housing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; ( 4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) b...

Excerpt: ... and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformat ion of contract. Now, Defendant moves for reconsideration of the Court's 10/18/2023 Order. Discussion Defendant seeks reconsideration of the Court's 10/18/2023 wherein the Court partially granted Plaintiff's request for an order of assignment, dire...