Excerpt: ...ngly encouraged to appear by LA Court Connect if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACKGROUND On December 18, 2019, Plaintiffs James Brusca and Antoinette Brusca filed a Complaint against Defendants Los Angeles Unified School District (“LAUSD”) and Vivian Ekchian, stating claims for violations of the Bane Act, invasion of privacy, and intentional infliction of emotional distress (IIED) arising out of the e...

Excerpt: ...igence claim on the grounds that it is facially time‐barred. The Demurrer is OVERRULED as to the fraud claim. Cross‐Complainants shall file a First Amended Cross‐Complaint within 20 days of this Order. Cross‐ Complainants shall allege specific facts to support application of the delayed discovery rule and shall allege the existence of the Tolling Agreement if that is the basis for bringing facially time‐barred claims. Cross‐Complainan...

Excerpt: ...00 a.m. Responses to the OSC shall be filed no later than one week prior to the OSC. Chase shall submit a proposed order consistent with the foregoing and give notice of this Ruling. DISCUSSION The Court has reviewed the motion for fees, filed March 24, 2020, the opposition of plaintiff Harry M. Fox (“Fox”) to the motion and companying request for judicial notice, served on Chase on July 14, 2020 (which the Court recently obtained and will be...

Excerpt: ...UT PREJUDICE Zeng's request for monetary sanctions. The Court DENIES the OSC re: contempt for insufficient evidence of willful refusal to comply with court orders. The Court GRANTS the request for an evidentiary sanction precluding the testimony of Mr. Black at trial. Mr. Black is not ordered to submit to deposition. The Court DENIES the request for terminating sanctions and/or evidentiary sanctions precluding Jiang from testifying. The Court ord...

Excerpt: ... AMEND as to Plaintiff's prayer for punitive damages. Nissan to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect in view of the COVID‐19 pandemic. BACKGROUND On April 25, 2017, Plaintiff Juan Avila purchased a 2017 Nissan Sentra. Plaintiff thereafter experienced issues with the vehicle's allegedly defective continuously variable transmission. On November 5, 2019, Plaintiff Juan A...

Excerpt: ...laintiffs shall file a First Amended Complaint within 20 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On April 13, 2019, Plaintiffs Alicia Nix and Marisa Nix purchased a 2018 Nissan Sentra. Plaintiffs thereafter experienced issues with the vehicle's CVT transmission and gear shift. On March 6, 2020, Plaintiffs filed a Complaint agai...

Excerpt: ...rred on the facts alleged. The Motion to Compel is DENIED WITHOUT PREJUDICE AS MOOT. Plaintiff's Motion for Relief from Waiver is TAKEN OFF CALENDAR AS MOOT. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On March 3, 2003, Plaintiff purchased the Vehicle which is the subject of this action. Between March 3, 2003 and September 1, 2016, Plaintiff took the ...

Excerpt: ...er than in person in view of the COVID-19 state of emergency. BACKGROUND On February 1, 2017, Defendants CHS34 Productions and Consortium, Inc. entered into a Production Design Agreement (“PDA”) providing that Anton Goss, the President and owner of Consortium and a set designer, would provide set design for CHS34 for a TV show called Love Connection. The PDA provides CHS34 “all final creative controls and the right to approve the Materials ...

Excerpt: ...fs' prayer for fees and public injunctive relief. The motion is GRANTED WITH PREJUDICE as to the prayer for monetary damages on Plaintiffs' UCL claim. The motion is DENIED as to Plaintiffs' prayer for punitive damages. Plaintiffs shall file a Third Amended Complaint within 20 days of this Order. Plaintiffs to give notice. BACKGROUND On August 22, 2019, Plaintiffs Jeffrey Sapp and Renae Sapp (“Plaintiffs”) filed a First Amended Complaint (“F...

Excerpt: ...ays of this Order. APU to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On April 19, 2019, Plaintiff Blanca Portillo filed a Second Amended Complaint (the operative complaint) against Defendants Azusa Pacific University (“APU”), Ryan Bailey, Marta Serrato, and Does, stating claims for harassment, discrimi...

Excerpt: ...emental briefing on (1) whether this case and case no. BC661351 should be deemed related, (2) the status of ATI's wind up and whether ATI may litigate during the wind up, and (3) the extent of a 50% shareholder's authority to act independently in the name of the corporation in litigation. ATI to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-1...

Excerpt: ...Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On March 12, 2019, Plaintiff Linda Fisher, an employee at the Parks and Recreation Department of the City of Los Angeles, filed a sexual orientation harassment complaint with Defendant City of Los Angeles's Equal Employment Opportunity (EEO) office. O...

Excerpt: ...e is GRANTED as to Plaintiff's requests for the documents identified in the Reply Declaration of John L. Hosack, paragraph 3. CTC and CTIC are ordered to respond, without objection, as to each identified document by either producing the document or stating that it is not within their possession, custody, or control. The Motion to Compel Compliance is GRANTED as to Plaintiff's request for CTC and CTIC to designate a person most qualified to testif...

Excerpt: ...Amend Judgment and Motions to Quash are CONTINUED to December 3, 2020 at 8:30 a.m. in Dept. 20 pending the status of Kim's appeal. Larson to give notice. BACKGROUND On April 26, 2011, Plaintiff Sandoval filed a Complaint against Law Offices of Kim stating claims for pregnancy discrimination arising out of her employment at the Law Offices. Nominal defendant Moon Ki Kim practiced law through the Law Offices of Kim until 2013. On April 18, 2013, fo...

Excerpt: ...ithin 20 days of this Order. Nissan to give notice. BACKGROUND On November 1, 2019, Plaintiff Gabriel Romero filed a Complaint against Defendant Nissan North America, Inc. stating three claims for violations of the Song-Beverly Act and one claim for fraudulent inducement by concealment. Plaintiff's claims arise out of the purchase of an allegedly defective used Nissan Sentra from a Honda dealership. On December 3, 2019, Nissan filed a demurrer an...

Excerpt: ...r. Plaintiff to give notice. BACKGROUND On January 14, 2020, Plaintiff EPX Elite Performance, LLC filed a Complaint against Defendants Bryan Green, Harut Tovmasyan, and Joshua Engle stating claims for breach of contract, intentional interference with contractual relations and prospective advantage, conversion and civil theft, breach of fiduciary duty, and unlawful business practices. Plaintiff's claims arose out of Plaintiff's operation of a gym ...

Excerpt: ...ober 2016, Plaintiff Cesar E. Echeverria (“Plaintiff”) was represented by Defendant Scott L. Whitman (“Defendant”) in Fred Shaham, et al. vs. Cesar Echeverria (case no. BC536220, the underlying action), a landlord-tenant dispute pertaining to a commercial medical building owned by Plaintiff. On May 2, 2018, Plaintiff filed a disciplinary complaint with the State Bar of California against Defendant for negligent conduct and excessive fees....

Excerpt: ...e notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person. BACKGROUND On December 11, 2018, Plaintiff Dan Ma filed her original Complaint against Defendant Vista Del Mar Child and Family Services, Inc. On April 3, 2019, Plaintiff filed her First Amended Complaint (“FAC”). On October 22, 2019, Plaintiff's previous counsel substituted out of the action after submitting a decl...

Excerpt: ...equirements. The Demurrer is OVERRULED as to Defendants' arguments that Plaintiff failed to plead facts sufficient to state claims. Plaintiff is granted leave to amend and file a Second Amended Complaint within 20 days of this Order. Defendants to give notice. BACKGROUND On July 31, 2019, Plaintiff Ajmal Mumtaz filed a Complaint against Defendants Deeba Khan and Muhammad Khan, stating claims for breach of contract, breach of the implied covenant ...

Excerpt: ...Fees is CONTINUED to January 6, 2021 at 8:30 am. Zhou's Motion to Tax Costs is GRANTED IN PART as to Martel's legal research costs. The remainder of the motion is DENIED as to Martel's filing fees, gas, and parking costs. Plaintiff to give notice. BACKGROUND On April 23, 2018, Plaintiff Tracey Zhou and Defendant William Martel, Jr. entered into a Purchase Agreement for a condo. The agreement provided for arbitration and provided that the prevaili...

Excerpt: ... not at issue in this action. The Motion is CONTINUED as to Barnes' new allegations regarding Luke's specific misrepresentations before close of escrow regarding properties 6457 and 6459. The Court sets an OSC re: why the Court should not grant Barnes leave to file a TAC for July 16, 2020 at 8:30 am. The parties are ordered to informally meet and confer to determine whether they can stipulate to the filing of a TAC without further involvement of ...

Excerpt: ...ction for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a First Amended Complaint. SVS to give notice. If counsel do not submit on the tentative, they are ...

Excerpt: ...ed wage statements, failure to permit inspection of personnel and payroll records, waiting time penalties, and unfair competition under the California Business and Professions Code. On September 26, 2018, Plaintiff amended her complaint to substitute Doe 1 for Ana Maria Leyva. The Parties reached a settlement on July 8, 2019. The parties stipulated to settlement on the record before this Court. The Court retained jurisdiction pursuant to CCP sect...

Excerpt: ...contract and declaratory relief cross-claims is GRANTED. Moving party to give notice. BACKGROUND In March 2018, Cenegenics, LLC and Triton Pacific Capital Partners, LLC entered into a Confidentiality Agreement to protect the details of the potential acquisition. On April 4, 2018, Triton submitted to Cenegenics' financial advisor a non-binding Indication of Intent (“April IOI”) to acquire Cenegenics. The April IOI provided its acquisition woul...

Excerpt: ...th cause of action for violation of the California Family Rights Act. Iweze's Notice of Voluntary Dismissal filed December 11, 2019 is STRICKEN. Iweze is granted 15 days leave to amend and file a Second Amended Complaint. Moving party to give notice. BACKGROUND In February 2007, Defendant Woodward HRT, Inc. (“Woodward”) hired Plaintiff John Iweze (“Iweze”) as an assembler and tester of auto brakes and actuators. In December 2014, Iweze be...