Excerpt: ...TS AND/OR PROCEEDINGS: This was an action arising out of an underinsured motorist claim. Petitioner sought a court order appointing an arbitrator to adjudicate the underlying dispute. Petitioner moves to set aside her dismissal of the Petition and to reopen this case to allow Petitioner to litigate the issue of fees and costs. TENTATIVE RULING: Petitioner's Motion to Set Aside Dismissal is GRANTED. Petitioner is to file her memorandum of costs wi...

Excerpt: ... Complaint filed.  03/25/20: First Amended Complaint filed.  08/12/20: Second Amended Complaint filed.  11/09/20: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract stemming from an allegedly wrongful foreclosure on a parcel of real property owned by Plaintiff. Defendants Statebridge Co., LLC and Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as ...

Excerpt: ... Bibi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, breach of fiduciary duty, and fraud arising from the breakdown of a joint venture between the parties in the beauty supply and spa business. Plaintiff alleges that Defendants entered into unauthorized partnership agreements and misappropriated company assets. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff's Mot...

Excerpt: ...ort action for battery, trespass, and negligence, filed on September 3, 2019. Plaintiff alleges that Defendant Hyland was employed by the other Defendants as a property manager, and, while so employed, sexually harassed and physically attacked Plaintiff, who was a tenant at a property owned by Defendants. Plaintiff moves for issue sanctions and for monetary sanctions for failure to comply with the Court's October 3, 2022 order requiring Defendant...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and negligent misrepresentation. Plaintiff alleges that Defendants failed to pay Plaintiff compensation for work done as agreed in a contract between the parties. Defendant Jack Fierstadt demurs to the First Amended Complaint. TENTATIVE RULING: Defendant Jack Fierstadt's Demurrer to the First Amended Complaint is SUSTAINED. Plaintiff shall have 30 days leave to amend the Compl...

Excerpt: ... Mullis; John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP PROOF OF SERVICE:  Correct Address: OK.  75/77/80 (Code Civ. Proc. § 437c): OK. Served by email on August 20, 2022 CASE HISTORY:  02/10/21: Complaint filed.  05/26/21: First Amended Complaint filed.  07/14/21: Dismissal entered as to Connie M. Fickel and Tamar Yeghiayan.  07/14/21: Dismissal entered as to Tristan Mullis as to ...

Excerpt: ...AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel the deposition of Plaintiff John David Morayniss. TENTATIVE RULING: Defendant's Motion to Compel Deposition of Plaintiff John David Morayniss is GRANTED. Plaintiff is ordered to appear for deposi...

Excerpt: ...ung CASE HISTORY:  09/24/21: Complaint filed.  10/20/21: The Quikrete Companies, LLC substituted in as Doe 1  11/29/21: Dismissal entered as to Quikrete International, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort and survival action. Plaintiffs allege that Timothy Joseph Toups, now deceased, was exposed to various toxic chemicals while working in construction, which ultimately caused his fatal illness. Defend...

Excerpt: ...oe 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. Bostik, Inc. ...

Excerpt: ...: Complaint filed.  10/25/21: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff alleges that Defendants have refused to pay Plaintiff money owed on a contract for remediation of biohazardous material. Defendant/Cross-Complainant Ocean Properties, Inc. moves for an order compelling Plaintiff/Cross-Defendant Sterile Pros LLC to provide further responses to Requests for Prod...

Excerpt: ...Anticouni Trust”), and Ralph Schiavone (“Schiavone”) (collectively, “Demurring Parties”) RESPONDING PARTY(S): Plaintiffs Antaliah Thomas Vinnai, Antoinette Thomas Love, individually and as successors in interest to the Estate of Carrie Thomas (collectively, “Plaintiffs”) STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs initiated this action on July 1, 2022 against Defendants Total Lender; AMB; Lawrence; McDonough Trust; An...

Excerpt: ...rora RESPONDING PARTY(S): (1)(2) Defendant Daljeet Singh CASE HISTORY:  12/28/18: Complaint filed.  06/24/19: First Amended Complaint filed.  02/24/20: Cross-Complaint filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising from a dispute concerning a buyout of a partnership for the management of rental properties. Plaintiff moves to compel further responses to requests for product...

Excerpt: ... CASE HISTORY:  02/25/19: Complaint filed.  04/16/19: Crossfield Products Corp. substituted 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 substit...

Excerpt: ... a 2018 Jeep Grand Cherokee on which subsequently developed brake, engine, and electrical defects. Plaintiff moves to compel further responses to requests for production propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is to provide verified, code-compliant responses without objections within 30 days of the date of this order. DISCUSSION: Plaintiff moves to ...

Excerpt: ...EDINGS: This is an action for fraud and breach of contract filed on May 29, 2020. In the First Amended Complaint, filed November 16, 2020, Plaintiff alleges that Defendants entered into a contract for goods with Plaintiff, but that Defendants misrepresented their ability to pay while nevertheless accepting the goods. Defendants JR Group, Inc., Siu Kwan Lam, and Ruby Lam move for leave to file a cross-complaint against Plaintiff. TENTATIVE RULING:...

Excerpt: ...S AND/OR PROCEEDINGS: The complaint in this action was filed on November 4, 2022, asserting claims for breach of contract, conversion, and money had and received. Plaintiff alleges that the parties entered into an agreement concerning the development and management of real property located in Dallas, Texas. Plaintiff alleges that, when the property was sold, Defendants refused to compensate Plaintiff for his investment into the property from the ...

Excerpt: ...PECIAL INTERROGATORIES; (4) MOTION TO COMPEL RESPONSES FROM 17th STREET COMPLEX LLC TO REQUESTS FOR PRODUCTION MOVING PARTY: (1)-(4) Defendant Ohio Security Insurance Co. RESPONDING PARTY(S): (1)-(4) Plaintiffs 17th Street Complex, LLC and 17th Street, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on April 25, 2022. In their First Amended Complaint, filed on December 9, 2022, Plaintiffs allege ...

Excerpt: ... related to 22SMCP00239 (this is lead case). STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This legal malpractice case was filed on April 9, 2022, alleging that Defendants misled Plaintiff as to the fees for drafting a partnership agreement for a residential project. A First Amended Complaint was filed on October 27, 2022. Defendants move to compel this matter to arbitration and stay proceedings pending resolution of the arbitration. TENTATIVE ...

Excerpt: ... a breach of contract and misappropriation of trade secrets action involving multiple consolidated and related actions and cross-actions. Plaintiff Solutech Pharmaceuticals moves to continue the trial date and statutory motion and discovery cutoff dates from March 28, 2023 to a date after October 2023. TENTATIVE RULING: Plaintiff's motion to continue trial is GRANTED. The jury trial set for March 28, 2023 is advanced and continued to November 14,...

Excerpt: ...Plaintiffs signed a Retail Installment Sales Contract for a 2015 Nissan Rogue which developed transmission, electrical, and engine defects. Plaintiffs sued the manufacturer, Nissan North America, Inc., for breach of warranty under the Song Beverly Act. Defendant moves to compel arbitration and to stay the proceedings pending resolution of the arbitration. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. DISCUSSION: Request fo...

Excerpt: ...ARTY(S): (1)-(2) Plaintiff Nabors Corporate Services, Inc. CASE HISTORY:  05/08/21: Complaint filed.  03/24/22: First Amended Complaint filed.  08/03/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was subcontracted certain work to be performed for Defendant City of Long Beach. Defendants, including the contractors, did not inform Plaintiff that the work was subject to prevailing wage laws. W...

Excerpt: ...filed on October 1, 2020. Plaintiff contends that he was wrongfully terminated in retaliation for complaining because his supervisor pushed him during an argument. Judgment was entered against Plaintiff on his claims against Defendant Michael Kovach on September 30, 2022. Plaintiff moves to tax select costs in the amount of $4,918.57 in Defendant Michael Kovach's memorandum of costs. TENTATIVE RULING: Plaintiff's motion to tax costs is GRANTED. D...

Excerpt: ...) OK.  16/21 (Code Civ. Proc. § 1005(b)): (1)(2) OK. (1)(2) Served by mail and email on November 14, 2022. CASE HISTORY:  03/05/18: Complaint filed.  09/07/18: Dismissal entered as to Defendant Ker Lu.  09/15/21: Judgment entered for Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was an employment action in which Plaintiff alleged various Labor Code violations, a PAGA claim, and unfair business practices. Plaintiff h...

Excerpt: ...AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel the deposition of Plaintiff Jacob Aaron Morayniss. TENTATIVE RULING: Defendant's Motion to Compel Deposition of Plaintiff Jacob Aaron Morayniss is GRANTED. Plaintiff is ordered to appear for depo...

Excerpt: ...n filed on June 1, 2022. Plaintiff alleges he purchased a 2019 Honda Odyssey which had electrical, transmission, and engine defects. Defendant demurs to the fifth cause of action for fraudulent concealment and moves to strike the allegations relating to that cause of action. TENTATIVE RULING: Defendant's Demurrer to the fifth cause of action is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Plaintiff's Request for Judicial Notice ...

Excerpt: ... AND/OR PROCEEDINGS: This legal malpractice case was filed on April 9, 2022. In the First Amended Complaint, filed on October 27, 2022, Plaintiff alleges that Defendants misled Plaintiff as to the fees for drafting a partnership agreement for a residential project. Defendants specially move to strike the first cause of action for fraud in the inducement and third cause of action for breach of contract under Code of Civil Procedure section 425.16....

Excerpt: ...histleblower retaliation that was filed on May 23, 2020. Plaintiff alleges that he was retaliated against for making internal complaints regarding racially discriminatory remarks made by one of his superiors as an officer of the Los Angeles Police Department. Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 1043. TENTATIVE RULING: Plaintiff's Pitchess motion is GRANTED. The Court sets an in camera...

Excerpt: ...w Roton STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was filed on November 19, 2019. Plaintiff alleges that she contracted with Defendants to execute a lien loan agreement on her home, and that the Defendants falsely recorded a notice of default and are pursuing a foreclosure sale on the property. Plaintiff, along with non-parties Streetropical Media LLC and Musicares Foundation, Inc, move to quash...

Excerpt: ...alleges that Defendant knowingly cashed a check from Plaintiff to the IRS that was intercepted and forged to direct payment to a third party. Defendant moves to strike Plaintiff's allegations related to punitive damages and to strike Plaintiff's request for treble damages pursuant to Penal Code section 496. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED as to page 3, paragraph 14, lines 8 through 11 of the First Amended Complaint, and ...

Excerpt: ...ntiff alleges that Defendant Casa Serena refused to refund a $10,000 fee for an in-patient rehabilitation program which Plaintiff's daughter terminated early. Plaintiff further alleges that Defendant Bank of America, N.A. (BANA) refused to claw back the fee and instead has pursued Plaintiff as owing the fee to BANA. Defendant Bank of America, N.A. moves for judgment on the pleadings on the third cause of action for declaratory relief. TENTATIVE R...

Excerpt: ...each of contract filed on November 17, 2021. Plaintiff alleges that Defendant has failed to pay insurance premiums in association with a set of worker's compensation insurance policies. Plaintiff moves for terminating sanctions for failure to comply with the Court's previous order on Plaintiff's Motions to Compel Responses, and for monetary sanctions. TENTATIVE RULING: Plaintiff's Motion for Terminating Sanctions is DENIED. Defendant is ordered t...

Excerpt: ...rmination, and wage and hour violations that was filed on January 4, 2022. Plaintiff moves for leave to file an amended complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to Amend the Complaint is GRANTED. Plaintiff is to file and serve a First Amended Complaint within 10 days of the date of this order. DISCUSSION: Plaintiff moves for leave to file an amended complaint. Legal Standard The Court may, “at any time before or after commencem...

Excerpt: ...that she was subjected to extensive sexual harassment and retaliation for complaining about the harassment to which she was subjected, culminating in her termination. Plaintiff demurs to certain affirmative defenses raised in the answer of Defendant Rahn Industries, Inc. TENTATIVE RULING: Plaintiff's Demurrer to the Answer of Defendant Rahn Industries, Inc. is OVERRULED as to the sixth, twenty-ninth, thirty-third through thirty-fourth, thirty-six...

Excerpt: ...on December 8, 2022. CASE HISTORY:  05/09/19: Complaint filed (lead case).  07/18/19: First Amended Complaint filed (lead case).  08/07/19: Cross-Complaint filed (lead case).  01/16/20: Petition filed (this case).  12/04/20: Cases consolidated  08/05/22: Verdict returned. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that Defendant engaged in elder abuse by inducing Plaintiff's father to make Defendant the so...

Excerpt: ...TORY: · 12/20/20: Petition filed · 12/06/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a petition for writ of mandamus. Plaintiff now alleges that Defendants engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicl...

Excerpt: ...d. · 03/12/19: Complaint in Intervention filed by Royal Thai Cuisine II · 04/29/19: First Amended Complaint filed. · 08/21/19: Second Amended Complaint filed. · 04/07/20: Cross-Complaint filed by T-Team Investment · 11/02/20: First Amended Cross-Complaint filed by T-Team Investment. · 03/05/21: Second Amended Cross-Complaint filed by T-Team Investment. · 06/30/22: Statement of Decision Rendered · 10/11/22: Amended Statement of Decision Re...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This action was filed on March 21, 2022, alleging breach of contract, foreclosure of a mechanic's lien, and for common counts. In the First Amended Complaint filed on October 25, 2022, Plaintiff alleges that Defendants breached a contract for rental of construction equipment by allowing the equipment rented to be stolen and refusing to reimburse Plaintiff for the lost equipment. Defendant Joshua Road, LLC demurs to t...

Excerpt: ...omissory note. In their Complaint filed on May 3, 2022, Plaintiffs allege that Defendant failed to make any payments on a security agreement executed by the parties in August of 2012. Defendant demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant's demurrer is SUSTAINED without leave to amend as to the second and third causes of action and otherwise OVERRULED. DISCUSSION: Defendant demurs to the Complaint in its entirety. Legal St...

Excerpt: ...rst Amended Complaint, filed on November 22, 2022, Plaintiffs allege that they were hired to broker a lease agreement with their client and Defendants, who own the property. Plaintiffs allege that they are entitled to a commission on the lease agreement which was improperly withheld. Defendants demur to the First Amended Complaint in its entirety. TENTATIVE RULING: Defendants' demurrer to the First Amended Complaint is SUSTAINED without leave to ...

Excerpt: ...  12/20/20: Petition filed  12/06/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a petition for writ of mandamus. Plaintiff now alleges that Defendant engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicle wa...

Excerpt: ... 11/05/20: First Amended Complaint filed.  02/05/21: Second Amended Complaint filed.  04/12/21: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that they were peacefully protesting outside of Defendants' home when Defendants conspired to compel them to leave by having Defendant David Lacey threaten Plaintiffs with a handgun when they rang Defendants' doorbell. Plaintiffs also allege that Defe...

Excerpt: ...PONDING PARTY(S): Plaintiff Frontline Medical Associates, Inc CASE HISTORY:  07/30/19: Complaint filed.  12/16/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In its First Amended Complaint filed on December 16, 2021, Plaintiff alleges that the lawyer Defendants made misrepresentations to induce payment of $600,000 to provide services to another of their clients, Paul Turley. Defendants move for a protecti...

Excerpt: ...NT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel production of Plaintiffs' vehicle for inspection under Code of Civil Procedure section 2031.310. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Demand fo...

Excerpt: .../22: First Amended Complaint filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was terminated by the Los Angeles Police Department following a Board of Rights hearing regarding alleged misconduct by Plaintiff. Plaintiff alleges that her termination was in retaliation for whistleblowing regarding misconduct of other police officers. Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 104...

Excerpt: ... part of an ongoing arbitration proceeding between Petitioner Ontrak, Inc. and two of its former employees who allegedly misappropriated trade secrets and confidential information and disclosed them to the non- party Respondent, Dariohealth Corp. TENTATIVE RULING: Petitioner Ontrak Inc.'s petition to enforce a third-party deposition subpoena is GRANTED. Respondent is to designate a person most qualified and produce the documents or things describ...

Excerpt: ...r whistleblower retaliation and assault and battery that was filed on October 1, 2020. Plaintiff contends that he was wrongfully terminated in retaliation for complaining because his supervisor pushed him during an argument. Plaintiff Rodolfo Sanchez moves for an order compelling Defendant Hub Metals and Trading, Inc. to appear and produce documents at trial. TENTATIVE RULING: Plaintiff's Motion to Compel Defendant Hub Metals and Trading, Inc. to...

Excerpt: ...mplaint filed.  01/10/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants conspired to induce Plaintiff Yoav Botach to sell the Garfield Building at 403 W. 8th Street, Los Angeles, CA (hereafter “the subject property”) to sell the subject property to Kyriakos Kerry Bonnis for well below its listed price. Plaintiffs allege causes of action for breach of fiduciary duty, fraud, ...

Excerpt: ... FOR SANCTIONS MOVING PARTY: (1)(2)(3) Defendant Panavision, Inc. RESPONDING PARTY(S): No response on eCourt as of 12/15/22 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on February 18, 2021. Plaintiff alleges that Defendant breached a contract whereby Defendant was to lease camera equipment from Plaintiff for the purpose of sublease to third parties. Plaintiff alleges that he was entitled to 60% o...

Excerpt: ...PONDING PARTY(S): (1)(2) Defendant Alfredo Hernandez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was commenced on September 10, 2021. In his First Amended Complaint, filed on February 14, 2022, Plaintiff alleges that he contracted orally with Defendants for the sale of a parcel of real property. Plaintiff contends that Defendants did not pay him the entirety of the proceeds to which he was entitle...

Excerpt: ...was filed on April 26, 2022. Plaintiff alleges that she was subjected to extensive harassment and discrimination as a result of her pregnancy and was ultimately wrongfully terminated. Defendants move to compel arbitration and stay this matter pending resolution of the arbitration. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. This matter is ordered stayed pending resolution of the arbitration. All hearings are advanced to...