Excerpt: ...ry 5, 2019. Plaintiffs' operative Second Amended Complaint was filed on June 17, 2019. Plaintiffs allege the following facts. Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") to operate a fitness club in Redondo Beach on the subject commercial property. Plaintiffs claim that Defendant failed to inform them of the nature and extent of renovations being done to the...

Excerpt: ... Complaint is sustained without leave to amend. Pacifica Hotels, LLC, et al.'s Motion to Strike Portions of Second Amended Complaint is moot, in part, and granted without leave to amend, in part. Background Plaintiff's Complaint was filed on October 23, 2020. Plaintiff's Second Amended Complaint was filed on February 2, 2022. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alle...

Excerpt: ...intiffs and Defendant entered into a settlement agreement in Case No. YC072026. Defendant breached the settlement agreement. Plaintiffs allege the following causes of action: 1. Breach of Oral Contract and Breach of Settlement Agreement; 2. Fraudulent Misrepresentation. Meet and Confer Defendant submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Einar W. Johnson, ¶¶ 3-4.) Demurrer A demurrer tests the s...

Excerpt: ...kground Plaintiff files its Complaint on August 6, 2021. Plaintiff alleges the following facts. Plaintiff is an out- of-network medical provider with a history of treating participants of the health plan of Defendants. Plaintiff alleges that it provided medically necessary services to insured member patients (Patient A; Patient B). Plaintiff alleges that Defendants made oral promises and representations that they would pay 60 percent of the allow...

Excerpt: ... and Workforce Development Agency (“LWDA”) of the alleged wage-and-hour violations. Plaintiff alleges the following facts. Plaintiff's representative wage and hour action is brought under the Private Attorney Generals Act (“PAGA”). (Cal. Labor Code §2698 et. seq.) Plaintiff alleges that she and other similarly situated truck drivers are aggrieved employees of Defendants. The employees were misclassified as independent contractors by Defe...

Excerpt: ... filed his Complaint on September 10, 2021. Plaintiff alleges the following facts: Plaintiff, as a lawyer of Medvei Law Group, APC, represented a party that sued one of Defendant's clients, Brandi Linton, in Case No. 20STCV42456. Thereafter, in a subsequent case, 21STCV07905, Defendant, via his client Brandi Linton, filed a Complaint against Plaintiff, who is not an immigration consultant, as defined in the Immigrations Consultants Act (“ICA”...

Excerpt: ...Hernandez's Motion to Strike Portions of Cross- Complaint is moot. Background Plaintiff filed his Complaint on March 22, 2021. Due to legal troubles, in 2007, Plaintiff was required to leave the country. During this time, Plaintiff and Defendant had an agreement that Defendant would manage the real property owned by Plaintiff located at 10234 S. 10th Ave. Inglewood, CA 90303. However, instead, Defendant obtained title to Plaintiff's real property...

Excerpt: ...tion to Compel Further Responses to Request for Production of Documents, Set Two is continued. Austin Building & Design's Motion for Summary Adjudication is denied. Background Plaintiff Hardrock Management Corporation (“Hardrock”) filed its Complaint on October 8, 2019. Plaintiff's First Amended Complaint was filed on December 18, 2019. Plaintiff alleges the following facts. Northrup Grumman hired Austin as a general contractor on a construct...

Excerpt: ...s Motion to Reopen Expert Discovery or in the Alternative to Augment or Amend Expert Designation is granted. Background Plaintiffs filed their Complaint on October 16, 2017. Plaintiffs allege the following facts. Plaintiffs hired Defendants to manage their property. Defendants breached the contract when they, among other things, negligently hired themselves and/or unlicensed contractors, to perform construction on the building thus resulting in e...

Excerpt: ...Inc., a California Corporation, in the Amount of $3,221.77 for Failure to Appear at Noticed Depositions is denied without prejudice. Background Plaintiffs filed their Complaint on June 2, 2020. Plaintiffs allege the following facts: Defendant Norma Gochez sold the subject property located at 5959-5961 W. 85 th Place, Los Angeles, California 90045 to Plaintiffs. Gochez declared on mandated disclosures that she was not aware of past mechanic's lien...

Excerpt: ...ith 20 days leave to amend, in part, and without leave to amend, in part. Amen Pest Control, Inc.'s Motion to Strike Portions of First Amended Complaint is moot, in part, granted without leave to amend, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on May 3, 2021. Plaintiffs' First Amended Complaint was filed on March 18, 2022. Plaintiffs allege the following facts: Plaintiffs suffered bed b...

Excerpt: ...estment Company, Inc.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff's Complaint was filed on August 7, 2019. Plaintiff alleges the following facts: Plaintiff suffered bed bug bites after staying at Defendants' hotel. Plaintiff alleges the following causes of action: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. Fraudulent Concealment 5. Private Nuisance 6. Publi...

Excerpt: ...ied. Background Plaintiff filed his Complaint on September 6, 2019. Plaintiff's operative First Amended Complaint was filed on November 27, 2019. Plaintiff alleges medical malpractice on the part of Defendants with respect to a shoulder operation completed by Defendants. A surgical scalpel blade was left in Plaintiff's shoulder causing harm to Plaintiff. After a demurrer was sustained without leave to amend with respect to the fraudulent concealm...

Excerpt: ...y 11, 2020. Plaintiff filed his Second Amended Complaint on July 28, 2021. Plaintiff alleges the following facts: Plaintiff was a longtime friend and client of an attorney named Richard J. Stall, Jr. (“decedent”). In 1993, Plaintiff and decedent entered into an oral agreement in which Plaintiff loaned decedent $348,418.02 at 10 percent interest. No specific time for repayment is specified other than payment upon demand. Plaintiff alleges that...

Excerpt: ...tiff filed the Complaint on September 22, 2021. The First Amended Complaint was filed on December 20, 2021. Plaintiff alleges the following facts: Plaintiff is the lessor of premises located at 5260 W. 104th Street, Los Angeles, California. The lessees are Defendant Starline Tours of Hollywood, Inc. and Defendant Professional Fleet Services, Inc. (“PFS”). The premises is a commercial property that the parties agreed would be used for parking,...

Excerpt: ...ber 20, 2021. Plaintiffs allege the following facts: Plaintiff is a former employee of Defendants. Plaintiff filed this action on behalf of herself and similarly aggrieved non-exempt employees under the Private Attorneys General Act (“PAGA”) for recovery of civil penalties pursuant to Labor Code Section 2698, et seq. Meet and Confer Defendants set forth a meet and confer declaration in compliance with CCP § 430.41. (Declaration, Bryanne J. L...

Excerpt: ...efault and Default Judgment is granted. Background Plaintiff filed its Complaint on April 1, 2021. Plaintiff alleges the following facts: Plaintiff operates a childcare and education center at the Promenade on the Peninsula (“The Promenade”) in Rolling Hills, California. Defendant operates a fitness club in a neighboring suite at The Promenade. Defendant has caused a nuisance via excess noise and vibrations. Defendant's activities also caused...

Excerpt: ...plaint is granted. Background Plaintiff filed his Complaint on May 30, 2018. Plaintiff alleges the following facts: Plaintiff was employed by AAA Packing and Shipping, Inc. Plaintiff was working at a construction site located at 525 North Sepulveda Blvd., El Segundo, CA 90245. Defendant/Cross-Complainant, Rubicon B. Hacienda, LLC (hereinafter, “Rubicon”), the owner of the property contracted with Smart Grid Construction (“Smart Grid”) to ...

Excerpt: ...st Amended Complaint was filed on August 19, 2021. Plaintiff alleges the following facts: Plaintiff contends she was misclassified as an exempt employee. Plaintiff worked six days a week, more than eight hours a day, and more than 40 hours a week. Plaintiff was paid a fixed salary regardless of the days and hours worked. Plaintiff received no meal breaks or rest periods. Defendants did not maintain nor provide Plaintiff with accurate time records...

Excerpt: ...t on July 17, 2019. Plaintiff alleges the following facts: Plaintiff is an out- of-network medical provider with a history of treating participants of the ILWU-PMA Welfare Plan (“Plan”). Plaintiff rendered medical services to four individual patients who were participants and/or beneficiaries under the Plan. Prior to rendering medical services, Plaintiff called Defendant to verify the patients' insurance benefit eligibility, and to obtain the...

Excerpt: ... to Form Interrogatories, Set One, and Special Interrogatories, Set One, is granted, in part, and moot, in part. As to Form Interrogatory 9.1 and Special Interrogatories 1-24, 32, 36, and 37, the motion is granted. As to Form Interrogatory 9.2, the motion is moot. Background Plaintiffs filed their Complaint on August 1, 2019. Plaintiffs allege the following facts: Plaintiffs suffered a drain leak and water damage on real property owned by them an...

Excerpt: ...stained with 20 days leave to amend, and sustained without leave to amend, in part. Ming Management, Inc.'s Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend, in part, and is moot, in part. Background Plaintiff filed her Complaint on April 1, 2020. Plaintiff's operative First Amended Complaint was filed on May 18, 2021. Plaintiff alleges the following facts: Plaintiff entered into a lease agreement with D...

Excerpt: ...-Complaint of M & N Financing Corporation is sustained with 20 days leave to amend. Western Surety Company's Motion to Strike Portions of Cross-Complaint of M & N Financing Corporation is moot. Background Plaintiff filed his Complaint on March 24, 2021. Plaintiff alleges the following facts: Plaintiff purchased a 2016 Hyundai Sonata on December 24, 2018. Plaintiff later discovered that the dealer did not pay the warranty company for the warranty ...

Excerpt: ... August 28, 2017. The Court notes that Plaintiff's Second Amended Complaint was filed when the action was pending in the federal district court. The Second Amended Complaint is the operative pleading as it was the pleading at issue when the action was remanded back to the instant State Court. Plaintiff alleges the following facts: On October 31, 2016, Plaintiff's mother, decedent Michelle Shirley, was shot and killed by officers from the Torrance...

Excerpt: ...fs filed their Complaint on February 5, 2019. Plaintiffs' operative Second Amended Complaint was filed on June 17, 2019. Plaintiffs allege the following facts. Plaintiffs Kurt Baker and Dustin Holcomb entered into a commercial lease with Defendant Redondo Riviera Associates, LLC ("Defendant") to operate a fitness club in Redondo Beach on the subject commercial property. Plaintiffs claim that Defendant failed to inform them of the nature and exten...