Excerpt: ...plaint filed. • 03/15/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff was employed as an “outside” operations manager (supervising operations outdoors) who was advised to work at home during the pandemic due to a preexisting medical condition. Because he could not do his job from home, he took six weeks of medical leave. He alleges that he was assigned an �...

Excerpt: ...n downslope vacant properties alleged to have been damaged by Defendants' development of their upslope residential homes. Thus far, Plaintiffs have reached settlements with 8 of the 11 Defendants for a total of $4.8 million. In addition, the settling Plaintiffs have also agreed to contribute $2 million for the repair of the hillside. In addition to these settlements, Defendant Meares has agreed to pay Plaintiffs a total of $1,500,000, comprised o...

Excerpt: ...t Address: (1)-(2) Unknown. Plaintiff's email address is not in his party record on eCourt and is not shown on any document he has filed, and Defendant has not attached any proof of service by mail, despite stating in a declaration that it served the documents by mail “as a courtesy.” • 16/21 (CCP § 1005(b): (1)-(2) OK, if it actually served by mail on March 16, 2021, as a declaration states, but no proof of service by mail was filed. Pro ...

Excerpt: ...OSS-COMPLAINT AS TO DGT MOVING PARTY: (1)-(2) Defendants Miranda Logistics Enterprise, Inc. and Grit & Gravel, Inc.; (3) “Cross-Defendants” (not specified); (4) Cross-Defendant DGT Holdings LLC RESPONDING PARTY(S): (1)-(2) Plaintiff Stanford Neighborhood Association, LLC; (3)-(4) Defendants/Cross-Complainants Miranda Logistics Enterprise, Inc. and Grit & Gravel, Inc. CASE HISTORY: • 11/24/20: Complaint filed. • 02/09/21: Cross-Complaint f...

Excerpt: ...This is a lemon law action. Plaintiff alleges that there were defects to the engine, power steering, wheels, door actuators, and other defects with the 2018 Dodge Charger 4DR SRT Hellcat he leased in 2017. Defendant FCA US LLC demurs to the complaint. TENTATIVE RULING: Defendant FCA LLC's demurrer is OVERRULED. DISCUSSION: Demurrer Meet and Confer The Declaration of Attorney Jonathan T. Martinez reflects that the meet-and-confer requirement of CC...

Excerpt: ...d through his Successor in Interest, Judith L. Molina, and Judith L. Molina, an individual CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a w...

Excerpt: ...treet address is listed on the proof of service, not the email address. • 16/21 (CCP § 1005(b)): OK. Served electronically on March 5, 2021. CASE HISTORY: • 05/05/20: Complaint filed. • 06/02/20: FPG Services, Inc., d/b/a Ovation Fertility substituted as the correct name for Ovation Fertility. • 02/10/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiffs allege ...

Excerpt: ...sued as Connie Finckel), and Tamar Yeghiayan CASE HISTORY: • 02/10/21: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief against a liability insurer and the attorneys retained by the insurer to defend Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs bring a motion for preliminary injunction against the attorney Defendants. TENTATIVE RULING: Plaintiff...

Excerpt: ...commenced on December 22, 2020. Plaintiff alleges that there were defects in the 2018 GMC Sierra 1500 that she purchased. Defendant General Motors, LLC demurs to the third cause of action for fraudulent inducement–concealment and moves to strike portions related to punitive damages. TENTATIVE RULING: Defendant General Motors, LLC's demurrer to the third cause of action for fraudulent inducement—concealment is OVERRULED. Defendant's motion to ...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff rented an apartment in Defendants' building. On February 8, 2021, she filed a complaint alleging that the building's security guard physically attacked her, which caused her to suffer from PTSD, and that Defendants refused to rent her a parking space to accommodate her disability (the PTSD). Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants' demurrer...

Excerpt: ...ssal entered as to Marasri Tilakamonkul and Somsak Tilakamonkul. • 09/19/18: Complaint filed by Somsak Tilakamonkul? This appears in the summary on eCourt, but there is no such document among the “legacy images” on eCourt. • 10/30/18: Cross-Complaint filed by Sumeth Tilakamonkul? This appears in the summary on eCourt, but there is no such document accessible on eCourt. • 03/12/19: Complaint in Intervention filed by Royal Thai Cuisine II...

Excerpt: ...Complaint filed by North American Risk Services, Inc. • 12/08/20: Cross-Complaint dismissed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff seeks to enforce payment of a hospital lien for medical expenses incurred by patient Jeffrey R. Milan. Plaintiff alleges that Defendant paid Mr. Milan for his personal injury damages without reimbursing Plaintiff for his medical expenses. Defendant moves for summary judgment. TENTATIVE RULING: De...

Excerpt: ...GROUP; (2) MOTION FOR PROTECTIVE ORDER PROHIBITING THE DEPOSITION OF DEFENDANT'S FARIDEH ARA MOVING PARTY: (1) Plaintiff Mary Nelson, by and through her successor in interest, Elmer Pogue; (2) Defendant CHA Hollywood Medical Center, L.P. RESPONDING PARTY(S): (1) Defendant CHA Hollywood Medical Center, L.P.; (2) Plaintiff STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the Complaint filed on September 3, 2019, Plaintiff Mary Nelson's successor ...

Excerpt: ...tion to quiet title on real property located at 833 South Western Avenue in Los Angeles. Plaintiff alleges that Defendants recorded two foreclosure notices based on a void Deed of Trust, with the foreclosure sales threatening to extinguish Plaintiff's purportedly junior interest. Plaintiff brings a motion for preliminary injunction to enjoin Defendants from foreclosing on the leasehold deed of trust. TENTATIVE RULING: Plaintiff's motion for preli...

Excerpt: ... in as Doe 1. Henry Company LLC substituted in as Doe 2. ITW Polymers Sealants North America Inc. substituted in as Doe 3. MBTechnology substituted in as Doe 4. Smalley & Company substituted in as Doe 5. Sunshine Supply Co., Inc. substituted in as Doe 6. Top Industrial, Inc. substituted in as Doe 7. Tropical Roofing Products of California, LLC substituted in as Doe 8. • 05/09/19: Gardner-Gibson Manufacturing, Inc. substituted in as Doe 9. Bosti...

Excerpt: ...h of contract action between package delivery services. In their February 16, 2021 complaint, Plaintiffs allege that Defendant Templar agreed to transfer the right to provide delivery services in zip code 91605 to Plaintiff Laksh, which then transferred that right to Plaintiff JROD. Defendant Templar also agreed to transfer its rights in zip code 91352 to Plaintiff JROD. However, Plaintiffs allege that Defendants refuse to take the necessary step...

Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for false advertising and related claims. Plaintiff alleges that Defendants have used its name, logo, NDC identification number, and product name in the sale of a medical device known as SIL- K-PAD without its permission. Defendant Vivera Pharmaceuticals, Inc. brings an anti-SLAPP special motion to strike and a demurrer. TENTATIVE RULING: Defendant Vivera Pharmaceuticals, Inc.'s anti-...

Excerpt: ...twood, LLC RESPONDING PARTY(S): (1)-(2) Plaintiff/Cross-Defendant AA Westwood, LLC; (3) Defendant/Cross- Complainant Liberal Arts 677 Benevolent Foundation, Inc. CASE HISTORY: • 04/02/13: Complaint filed. • 05/02/13: Cross-Complaint filed. • 06/30/14: First Amended Complaint filed. • 11/07/14: Second Amended Complaint filed without leave of court; Barbara Haines, individually, and as Trustee of Daniel Haines and Barbara Revocable 1986 Tru...

Excerpt: ...ress: Yes. • 75/77/80 (CCP § 437c(a)): OK. Served by email on February 18, 2021 September 28, 2020 (80 days). CASE HISTORY: • 09/22/17: Complaint filed. • 10/26/17: Amendment of Kaiser Foundation to Kaiser Foundation Hospitals. • 11/15/17: Amendment of Bank of America to Bank of America Corporation. • 04/23/18: Dismissal entered as to Bank of America, N.A. • 04/24/19: Harris L. Woods Electrical Contractor dba Woods Electric substitut...

Excerpt: ... through February 21, 2017. Plaintiff was to be paid $500 per day for all of the photoshoots except for one on November 8, 2016, when she was owed $1,000 for that day's work. Plaintiff alleges that, although Defendant ultimately paid the wages due, none of the flat-fee payments for each day's work was paid until more than 30 days after each photo-shoot. Plaintiff argues that each day's work was a separate employment contract and contends that she...

Excerpt: ...nslope vacant properties alleged to have been damaged by Defendants' development of their upslope residential homes. Thus far, Plaintiffs have reached settlements with 8 of the 11 Defendants for a total of $4.1 million. In addition, the settling Plaintiffs have also agreed to contribute $2 million for the repair of the hillside. Defendant Phillips has agreed to pay Plaintiffs a total of $700,000, comprised of the full $500,000 homeowner's insuran...

Excerpt: ...RESPONDING PARTY(S): (1)-(2) Plaintiffs Ryan Suavet and I Think I Got It, LLC CASE HISTORY: • 01/29/20: Complaint filed. • 03/20/20: Cross-Complaint filed. • 04/24/20: Cross-Complaint dismissed without prejudice. • 12/10/20: First Amended Complaint filed. • 02/10/21: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action arises out of a contractual dispute over a refund agreement for DRNK franch...

Excerpt: ...ESPONDING PARTY(S): (1)-(2) Plaintiffs Ryan Suavet and I Think I Got It, LLC CASE HISTORY: • 01/29/20: Complaint filed. • 03/20/20: Cross-Complaint filed. • 04/24/20: Cross-Complaint dismissed without prejudice. • 12/10/20: First Amended Complaint filed. • 02/10/21: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action arises out of a contractual dispute over a refund agreement for DRNK franchi...

Excerpt: ...S: Plaintiff Preston Garrett filed a complaint on February 3, 2021, alleging elder abuse and related claims arising from the hospice care Defendants Kumar Lifecare Hospice, Inc., et al., provided while Plaintiff was a resident at West Hills Care Home. Plaintiff moves for trial preference. TENTATIVE RULING: Plaintiff's motion for trial preference is GRANTED. Trial is set for November 8, 2021. DISCUSSION: Motion for Trial Preference Request for Jud...

Excerpt: ...n which Plaintiff alleged that she leased a 2017 Jeep Compass that was defective. The parties settled, and Plaintiff now moves for an award of attorney fees and costs. TENTATIVE RULING: Plaintiff Netta Perez's motion for attorney fees, costs and expenses is GRANTED in the amount of $12,000 in attorney fees and $2301.58 in costs. DISCUSSION: Plaintiff's Motion For Attorney Fees and Costs Defendant's Untimely Opposition Defendant filed an untimely ...

Excerpt: ...PROCEEDINGS: Plaintiff alleged discrimination, harassment, and retaliation based on gender, race, and age or perceived gender, race, and age. On February 11, 2021, having sustained Defendant's unopposed demurrer without leave to amend, the Court dismissed the action and entered judgment in favor of Defendant. Plaintiff moves to set aside the dismissal. TENTATIVE RULING: Plaintiff's motion to set aside dismissal (CCP § 473(b)) is GRANTED. Plainti...

Excerpt: ...EDINGS: Plaintiff holds the legal title to a piece of real property on which the County asserts a lien based on child support Plaintiff owes. He seeks a declaratory judgment that Defendant Matthew Fletcher is the equitable owner of the property and that his ownership is free of the lien asserted by the County. He also seeks damages, including punitive damages. Defendant County of Los Angeles moves for judgment on the pleadings. TENTATIVE RULING: ...

Excerpt: ... for protesting and challenging Defendant Heckman's unlicensed interference with the practice of medicine based on profit decisions, as well as on the basis of her gender. On April 2, 2019, the Court granted in part Defendants' motion to compel arbitration as to Plaintiff's first, second, third and thirteenth causes of action. (Final Ruling, entered April 2, 2019.) The Court also stayed the rest of the action pending arbitration pursuant to Code ...

Excerpt: ...nt Hospital, Inc. RESPONDING PARTY(S): Plaintiff Barbara Rock-Lewis by and through her successor-in-interest David Cleaver, and Plaintiff David Cleaver, individually STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death action that was filed on December 13, 2019. Plaintiff Barbara Rock-Lewis's successor in interest alleges that Defendants committed elder abuse while she was an inpatient at the Defendant facilit...

Excerpt: ...on. CASE HISTORY: • 01/29/21: Complaint filed. • 02/08/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that he entered into a contract to buy a vacant lot from Defendants but that they breached the agreement by failing to deliver the land with plans ready to issue (“RTI”). Defendants move to compel arbitration and for a stay of litigation. Defendants also seek an order expunging the lis...

Excerpt: ... Noam Amar; and Tomar Ben Shushan RESPONDING PARTY(S): (1) & (2) Plaintiffs Lathouwers Trust UA; Maurice Lathouwers, Jr., individually and as trustee; Michelle Lynskey; Anthony Kevin Crehan; Liam Aidan Crehan, a minor, by his guardian ad litem Michelle Lynskey; and Declan Michael Crehan, a minor, by his guardian ad litem Michele Lynskey. CASE HISTORY: • 05/04/20: Complaint filed. • 02/25/21: First Amended Complaint filed. STATEMENT OF MATERIA...

Excerpt: ...he request of his real estate agent, Defendant Avetisyan, which he paid to Defendant Live Escrow, Inc. Ivazova has not repaid him. He also alleges that this was part of a larger scheme by Avetisyan to defraud him. Defendant Lilya Ivazova demurs to the complaint. TENTATIVE RULING: As to Defendant Lilya Ivazova's demurrer, the Court rules as follows: First cause of action: SUSTAINED with leave to amend as to both CCP § 430.10(e) and (g). Second ca...

Excerpt: ...February 10, 2021, asserting claims for quiet title, ejectment, breach of written contract, rescission, elder abuse and declaratory relief. Defendants Manfred Hofman and Hannelore Hofman answered the complaint on March 18, 2021. On March 24, 2021, Plaintiff filed a motion for trial preference under Code of Civil Procedure § 36, subdivision (a), claiming an entitlement to having a trial set within 120 days of the Court's ruling based on her age o...

Excerpt: ...� 08/21/13: Complaint filed. • 11/25/13: Requests for Dismissal granted as to Defendants Thomas J. Phillips, M.D., Joseph Lowey, M.D., Neel Anand, M.D., and Sheila M. Kahwaty, P.A. • 05/24/14: Deemed PI Complicated. • 06/26/15: Judgment entered in favor of Defendant Alen Ternian, M.D. • 01/04/16: Judgment entered in favor of Defendant Eli Baron, M.D. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a medical malpractice action in w...

Excerpt: ..., West, LLC RESPONDING PARTY: Plaintiffs Michael S. Yu, et al. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Pursuant to the Court's orders at the trial setting conference on March 11, 2021, Defendants Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC (jointly “the CLS Defendants”) filed a motion seeking leave to bring motions for summary judgment and/or adjudication pursuant to Code of Civil Procedure section 437c. In ...

Excerpt: ...Media, Inc. • 10/19/20: Default entered as to Craig Nobles. • 01/15/21: Default vacated as to Craig Nobles. • 02/10/21: Default set aside as to Swagg Media, Inc. per stipulation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. Plaintiffs allege that the parties entered into a joint venture agreement in 2019 regarding the promotion and production of an event called the Fall Ball All Star Event. ...

Excerpt: ...TORY: • 02/19/19: Complaint filed. • 03/04/19: Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 03/15/19: First Amended Complaint filed. • 04/25/19: First Amended Cross-Complaint filed by Blaine Holding & Development, LLC, et al. • 05/10/19: Second Amended Complaint filed. • 09/24/19: Cross-Complaint filed by Paul Edalat. • 11/26/19: Dismissal entered from Cross-Complaint as to Ryan Hilton and Mammoth RX, Inc. �...

Excerpt: ...4/01/20: Second Amended Complaint filed. • 10/20/20: Dismissal entered as to Demetriou & Associates and Michael Montano STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs engaged Defendants to assist and represent them in connection with an Internal Revenue Service audit of their 2012 income tax return. Plaintiffs allege that Defendants committed accounting malpractice. Plaintiffs move to quash fifteen subpoenas duces tecum served by De...

Excerpt: ...tiff seeks to enforce payment of a hospital lien for medical expenses incurred by patient Jeffrey R. Milan. Plaintiff alleges that Defendant paid Mr. Milan for his personal injury damages without reimbursing Plaintiff for his medical expenses. Plaintiff moves to withdraw deemed admissions. TENTATIVE RULING: Plaintiff's motion to withdraw deemed admissions is DENIED. DISCUSSION: Motion to Withdraw Deemed Admissions Request for Judicial Notice Plai...

Excerpt: ... STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a legal malpractice action that was filed on November 13, 2020. Plaintiff alleges that Defendants were negligent in their preparation of a comprehensive estate plan for Plaintiff and her husband, decedent David Pasternak. Plaintiff moves to stay the proceedings pending resolution of Plaintiff's related probate action, LASC Case No. 20STPB05797. TENTATIVE RULING: Plaintiff's motion for an or...

Excerpt: ...ls RESPONDING PARTY(S): Plaintiff Barbara Rock-Lewis by and through her successor-in-interest David Cleaver, and Plaintiff David Cleaver, individually STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death action, commenced on December 13, 2019. Plaintiff Barbara Rock-Lewis's successor in interest alleges that Defendants committed elder abuse while she was an inpatient at the Defendant facility. Defendant Kaiser...

Excerpt: .../20: FPG Services, Inc., d/b/a Ovation Fertility substituted as the correct name for Ovation Fertility. • 02/10/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiffs allege that Defendants breached an Asset and Equity Purchase Agreement under which Plaintiffs sold their company, the Center for Surrogate Parenting (“CSP”), to Defendants in exchange for $5 million, w...

Excerpt: ...nts who allege that their landlord breached the warranty of habitability and the covenant of quiet enjoyment, among other claims. They filed their complaint on February 4, 2020. Defendant Joseph P. Marsico moves for terminating sanctions or, in the alternative, for contempt. TENTATIVE RULING: Defendant Joseph P. Marsico's motion for terminating sanctions is GRANTED. The complaint is hereby ordered stricken. Defendant's alternative motion for cont...

Excerpt: ...er 12, 2019, Plaintiff filed his complaint alleging wrongful termination. Plaintiff was employed by Defendants as a shipping clerk. He alleges that he was terminated in retaliation for refusing the sign off on a knowingly false employee social security number. He also alleges other Labor Code violations and a PAGA claim. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff's motion for leave to file a first ame...

Excerpt: ...): (1)-(2) Defendants Philip Schoeppner and Richard Schoeppner; (3) Plaintiff Deric White PROOF OF SERVICE: • Correct Address: (1)-(3) Yes. • 16/21 (CCP § 1005(b)): (1)-(2) OK. Served by mail and email on March 11, 2021. (3) OK. Served by mail and email on March 10, 2021. CASE HISTORY: • 04/01/20: Complaint filed. • 02/08/21: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant dispute. Plainti...

Excerpt: ...6 through February 21, 2017. Plaintiff was to be paid $500 per day for all of the photoshoots except for one on November 8, 2016, when she was owed $1,000 for that day's work. Plaintiff alleges that, although Defendant ultimately paid the wages due, none of the flat-fee payments for each day's work was paid until more than 30 days after each photo-shoot. Plaintiff argues that each day's work was a separate employment contract and contends that sh...

Excerpt: ... CASE HISTORY: • 11/02/17: Complaint filed. • 12/01/17: First Amended Complaint filed. • 12/04/17: Cross-Complaint filed by Jon Betuel. • 01/11/18: Cross-Complaint filed by John Peri and Montan Peri • 01/11/18: Cross-Complaint filed by Janice Brown. • 01/18/18: Cross-Complaint filed by Agnes Huff. • 02/01/18: Cross-Complaint filed by Marc Huffman. • 03/01/18: Cross-Complaint filed by Ken Meares. • 03/19/18: Cross-Complaint filed...

Excerpt: ...each of contract case commenced on August 29, 2019. Plaintiff, a seller of tools on Amazon, alleges that Defendants owe it $360,267.11 for tools that it shipped and delivered to a third party in accordance with Defendants' purchase orders and instructions. Defendant MJD Industries, LLC, dba Ares Tool, moves for leave to file a cross-complaint. TENTATIVE RULING: Defendant MJD Industries, LLC, dba Ares Tool's motion for leave to file cross-complain...

Excerpt: ...ended Complaint filed. • 05/19/15: Third Amended Complaint filed. • 06/06/16: Judgment of dismissal entered in favor of Defendants Wilshire Bank, James Hyojin Ahn, and Robert Ahn and against all Plaintiffs. • 12/03/18: Judgment of dismissal reversed as to Plaintiff Green Mutual Property & Investment Co.'s claims against Defendants Wilshire Bank, James Hyojin Ahn, and Robert Ahn STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs alle...

Excerpt: ...at the time the challenge was rejected. The matter is set for hearing on April 6, 2021. The Court grants the motion for reconsideration as properly made but reaffirms its prior ruling rejecting Defendant's challenge under section 170.6 as untimely. In this case, the Court notified defense counsel that this judicial officer was assigned for all purposes to this case by mailing a notice to all counsel on January 29, 2021, making any peremptory chal...