Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ...mplaint is sustained without leave to amend, in part, and sustained with 20 days leave to amend, in part. Greene Family Partners, LLC's Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on April 17, 2023. Plaintiff's First Amended Complaint was filed on September 26, 2023. The action was originally filed in the Butte County Superior Court. The action was transferred to the Superior Court of t...

Excerpt: ...iled their Complaint on February 28, 2020. Plaintiffs' First Amended Complaint was filed on June 11, 2020. Plaintiffs allege the following facts. Plaintiffs' decedent was killed in automobile accident. Defendants were operating a 2016 Tesla Mod el S which purportedly suffered from defects. Plaintiffs allege the following causes of action: 1) Wrongful Death-General Negligence 2) Wrongful Death -Negligent Hiring, Training, and Supervision 3) Neglig...

Excerpt: ...sustained with 20 days leave to amend, in part, and without leave to amend, in part. Background Plaintiff's Complaint was filed on May 16, 2023. The First Amended Complaint was filed on January 19, 2024. Plaintiff alleges the following facts. Plaintiff alleges he was fraudulently induced into entering into various agreements and instruments and that the underlying promissory note and deed of trust are invalid and unenforceable. Plaintiff alleges ...

Excerpt: ...f and Defendant HB Construction entered into an oral contract wherein Defendant agreed to perform construction and re-modification work on an office building owne d by Plaintiff. Unknown to Plaintiff, however, Defendant failed to have a valid contractor's license. Plaintiff alleges the following causes of action: 1. Declaratory Relief under CCP § 1060 and Bus. & Prof. Code § 7031(a); 2. Disgorgement under Bus. & Prof. Code § 7031(b). Timothy R...

Excerpt: ...ackground Plaintiff filed the Complaint on January 31, 2024. April 19, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while in the care of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2. Elder Abuse 3. Violation of Health and Safety Code 1430. Motion to Compel Arbitration “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive metho...

Excerpt: ...ted. Background Plaintiff filed the Complaint on October 26, 2023. Plaintiff alleges the following facts. Plaintiff tripped and fell during the course of her employment. Defendants owned and/or controlled the premises. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing a...

Excerpt: ...ny of America's (“Safeco”) Joinder to Motion to Compel Arbitration and Stay Proceedings TENTATIVE RULING Enterprise Rent- a-Car Company of Los Angeles, LLC and Bank of America, National Association's Motion to Compel Arbitration and Stay Proceedings is granted. Safeco Insurance Company of America's Joinder to Motion to Compel Arbitration and Stay Proceedings is granted. Background Plaintiff filed the Complaint on July 18, 2023. Plaintiff alle...

Excerpt: ...iff's First Amended Complaint was filed on January 11, 2024. Plaintiff alleges the following facts. On August 15, 2020, Plaintiff fell while riding his Onewheel Pint self -balancing electric board. On September 29, 2023, the U.S. Consumer Product Safety Commission and Defendant Future Motion, Inc. announced the recall of numerous such boards due to crash hazards. Plaintiff alleges the following causes of action: 1. Strict Products Liability Desig...

Excerpt: ...laint was filed on April 16, 2018. Plaintiffs allege the following facts. On April 15, 2015, Plaintiffs were working on an electrical maintenance project near Ridgecove Court and Ridgegate Drive when they were caught in an electrical discharge from the equipment at the inspection site, suffering major injuries. Plaintiffs allege that Defendants failed to de -energize the cables, conductors and the equipment being worked on by Plaintiffs. The Thir...

Excerpt: ... to File Second Amended Complaint is granted. Background Plaintiff filed the Complaint on October 5, 2023. The First Amended Complaint was filed on December 27, 2023. Plaintiff, a former City Lieutenant, was forced to take industrial disability retirement prior to Plaintiff becoming eligible for full retirement benefits. This action was taken due to the Plaintiff's age and disability. Plaintiff alleges the following causes of action: 1. Violation...

Excerpt: ...t Lindholm, et al.'s Motion to Quash Subpoena Duces Tecum is denied. Background Plaintiffs filed the Complaint on August 6, 2018. Plaintiffs allege the following facts. Defendants misrepresented the services rendered to Plaintiffs in the following manner: Defendants were engaged to transport horses from Europe to Los Angeles. However, Defendants increased the cost beyond what was usual and customary. Defendants misrepresented the services to be r...

Excerpt: ...Second Amended Complaint was filed on November 1, 2022. Plaintiff alleges the following facts. Plaintiff, a minor, had an episode at her High School in Temecula, California, while high on drugs and became suicidal. The assigned High School police officer placed her on a 72 -hour Welfare & Institution Code § 5150 hold. During the detention period, the police officer and emergency doctors at the local hospital concluded that she needed to be trans...

Excerpt: ...ompel Responses to Request for Production of Documents, Set One, and for Monetary Sanctions 4. Alireza Ashraf's Motion to Deem the Truth of Matters Specified in Requests for Admissions, Set One, Admitted and for Monetary Sanctions TENTATIVE RULING Alireza Ashraf's Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions are granted. Alireza Ashraf's ...

Excerpt: ...es the following facts. Plaintiff was driving eastbound on El Segundo Boulevard. His truck drove over a metal plate covering a hole that was created from construction. The weight of the truck caused the plate to dislodge. Plaintiff hit his head on the ceiling of the truck and the truck was damaged. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an interv...

Excerpt: ..., Set One and for Sanctions is moot, in part, and denied, in part. Background Plaintiffs filed the Complaint on November 18, 2022. Plaintiffs' First Amended Complaint was filed on August 9, 2023. Plaintiffs allege the following facts. Plaintiffs are 25 percent owners of the partnership Westchester Triangle 8. The partnership owns commercial property - 6227- 6241 W. 87th Street, Los Angeles, CA 90045 - that is leased. Plaintiffs made an offer to t...

Excerpt: ...ntiff is the former owner of real property located at 10225 South 7th Avenue, Inglewood, California 90303. The property was transferred away from Plaintiff throu gh forgery. Plaintiff alleges the following causes of action: 1. Slander of Title; 2. Quiet Title; 3. Declaratory Relief; 4. Cancellation of Written Instrument; 5. Violation of Cal. Bus. & Prof. Code Sections 17200 et seq. Meet and Confer Defendant set forth a meet and confer declaration...

Excerpt: ...ne Norodom Richardson, Individually, and as Trustee of the Viriyane Norodom Richardson Trust's Motion to Set Aside Default is denied without prejudice. Background Plaintiff filed the Complaint on May 5, 2023. Plaintiff alleges the following facts. Plaintiff owned and operated Hermosa Ink, a popular tattoo and piercing studio based at 802 Hermosa Avenue in Hermosa Beach. Defendants are his landlords and owners of the property. Defendants stole Pla...

Excerpt: ... the Second Amended Complaint was filed on November 1, 2022. Plaintiff alleges the following facts. Plaintiff, a minor, had an episode at her High School in Temecula, California, while high on drugs and became suicidal. The assigned High School police officer placed her on a 72 -hour Welfare & Institution Code § 5150 hold. During the detention period, the police officer and emergency doctors at the local hospital concluded that she needed to be ...

Excerpt: ...ng facts. Plaintiff was involved in a motor vehicle accident with a Lyft driver. According to the facts provided by Defendant in its motion, Plaintiff was also operating a vehic le pursuant to the Lyft platform at the time of the accident. Motion to Compel Arbitration “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. [Citation.] To further that policy, [C...

Excerpt: ...d Monetary Sanctions TENTATIVE RULING Andrew Lwin's Motions for Terminating Sanctions are denied. Background Plaintiff filed the Complaint on March 25, 2020. Plaintiff alleges the following facts. Plaintiff was a tenant and rented a room from Defendant. Defendant sexually harassed Plaintiff on numerous occasions. Defendant then evicted Plaintiff when she refused Defendant's advances and assaulted and battered her when she warned other potential t...

Excerpt: ...otes that, in the caption to the Complaint, Plaintiff set forth numerous words and phrases, some of which may constitute remedies, but the only recognized cause of action that was stated was “negligence.” Plaintiff alleges the following in the Complaint. On several occasions, the Plaintiff's son Ngue Mikailou was injured at Inglewood Montessori Preschool. Meet and Confer Defendant set forth a meet and confer declaration in sufficient complian...

Excerpt: ... February 1, 2023. Plaintiff alleges the following facts. Defendants breached the lease with respect to commercial premises located at 1332 Hermosa Ave., Suite 4, Hermosa Beach, CA 90254. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl. Kevin Hermansen.) Plaintiff argues that the meet and confer declaration is misleading because the actual meet and confer discussions consisted o...

Excerpt: ...3. Plaintiff alleges the following facts. Defendant manufactures, packages, distributes, markets, and/or sells consumer products that contain DINP. Plaintiff seeks to cause Defendant to warn consumers in Califor nia that they are being exposed to DINP pursuant to Proposition 65 - Health and Safety Code § 25249.5. Plaintiff requests an injunction and civil penalties. Motion to Approve Settlement CCP § 664.6 states: “If parties to pending litig...

Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...

Excerpt: ...rawczyk's Motion for Trial Preference TENTATIVE RULING Belmont Village RPV, LLC, et al.'s (“Belmont Village”) and Episcopal Community & Services for Senior, et al.'s (“Canterbury”) Petitions to Compel Arbitration and Stay Proceedings are denied. Rose Marie Krawczyk's Motion for Trial Preference is granted. Background Plaintiff filed the Complaint on January 24, 2024. Plaintiff alleges the following facts. Due to the negligent and willful ...

Excerpt: ... May 8, 2023. Plaintiff alleges the following facts. Defendant requested that Plaintiff supply fog lamps for electric vehicles. Plaintiff incurred expenses in manufacturing the fog lamps. However, Defendant delayed productio n of the vehicles and ultimately reneged on its agreement. Plaintiff demanded that it be compensated for the capital expenditures made in reliance on Defendant's order. Defendant first agreed to make installment payments, and...

Excerpt: ... Portions of Plaintiff's Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on December 12, 2023. Plaintiff was involved in a motor vehicle accident with Defendants. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl., William E. Jemmott, ¶¶ 1-5.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon te...

Excerpt: ...ction of Documents, Set One 4. Yokohama Group, Inc.'s Motion to Compel the Depositions of Cross-Defendants Jayi Chiang, Jailin Chiang, and the Person Most Knowledgeable from Cross - Defendant 95 Kitchen Inc. TENTATIVE RULING Jayi Chiang, Jailin Chiang, and 95 Kitchen Inc.'s Demurrer to Second Amended Cross - Complaint is sustained without leave to amend, in part, and overruled, in part. Marcia Pyin-Shan Chiang, Jayi Chiang, Jailin Chiang, and 95 ...

Excerpt: ...ound Plaintiff filed the Complaint on October 20, 2023. Plaintiff alleges the following facts. Defendants St. Market D3 LLC and Inglewood Market Gateway LLC were owners of real property located on 205 Market Street/213 East Regent Street, Inglewood, California known as Inglewood Gateway Market. Milender White Residential SoCal (“Milender White”) was the general contractor on the project. Milender White and Techno -Advanced executed a subcontr...

Excerpt: ... to amend. Padilla's Company, Inc., et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on August 7, 2023. Plaintiff alleges the following facts. Plaintiff is the general contractor for a construction project (“Project”) located at 1700 S. Pacific Coast Highway, Redondo Beach, California. Plaintiff entered into sub -contracts with Padilla's Company, Inc. for rough grading and shoring, and, later...

Excerpt: ...or summary adjudication is denied, in part, and granted, in part. Rodeny Yamane, et al.'s Motion to Bifurcate Trial is moot. Background Plaintiff filed the Complaint on June 22, 2022. Plaintiff alleges the following facts. Plaintiff and Defendants entered into an agreement whereby Plaintiff would maintain, repair, and upgrade the subject real property located at 7801 Westlawn Avenue, Los Angeles, CA 90045. The agreement was that when Rodney Yaman...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...

Excerpt: ... the Complaint on March 24, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a motor vehicle accident with Defendant. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the ...

Excerpt: ...wing facts. Defendant owes Plaintiff for legal services rendered. On July 13, 2023, Defendant filed a Cross-Complaint. Cross -Complainant alleged the following causes of action based on Cross - Defendant's representation of Cross-Complainant in the prior legal action: 1. Fraud; 2. Breach of Fiduciary Duty; 3. Breach of Contract; 4. Slander of Title; 5. Cancellation/Expungement of Lien and Quiet Title/Injunctive Relief. Meet and Confer Cross-Defen...

Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...

Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...

Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ... granted. Kenton Lane's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is denied. Background Plaintiffs Christopher Leach and Daniel Cunningham filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiffs' home. Defendant Lane is a marriage and family therapist. Defendant Lane pr ovided therapy services to Plaintiffs. However, Defendant Lane breached h...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...acts. Plaintiffs' decedent, Jonathan Flagler, a firefighter, died while fighting a fire at 30751 Tarapaca Road Rancho Palos Verdes – a residence owned by Defendant Racisz . Plaintiffs allege causes of action for: 1. Wrongful Death; 2. Survival Action. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Robert M. Juskie.) Request for Judicial Notice Defendant's request for judicia...

Excerpt: ...22, and the First Amended Complaint was filed on May 9, 2022. Plaintiff alleges the following facts. Plaintiff alleges that Defendant breached the contract wherein Defendant was required to service Plaintiff's propellers. Defendant filed a Cross -Complaint on June 30, 2022. Request for Judicial Notice Plaintiff's request for judicial notice is granted pursuant to Evidence Code § 452(d). Motion for Leave to Amend The court may, in furtherance of ...