Excerpt: ...Marine Management Inc., and Cindy Chow-Snavely. On May 23: 2022: the parties submitted a stipulation to dismiss Tokio Marine America Insurance Company and Tokio Marine Management Inc. On May 31: 2022: Plaintiff filed a first amended complaint ("FACE) against Defendants HCC Service Company Inc., Tokio Marine America Insurance Company, Tokio Marine Management: Inc., and Cindy Chow-Snavely. Despite the prior stipulation to dismiss them, Tokio Marine...

Excerpt: ...elds, a minor by and through her Guardian Ad Litem, filed this action against Defendants Warner Center Summit LTD.; Dori T. Manusevitz; and GHP Management Corporation _ On September 7 , 2022, Plaintiff served a First Amended Notice for Manusevitz' s deposition. (Salahuddin Decl_, Ex. B.) On March 1, 2023, Manusevitz served an objection on the grounds that "the deposition date was unilaterally scheduled and Defendant and/or her counsel is unavaila...

Excerpt: ...A")_ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendant will pay a Gross Settlement Amount of $135,000.00. Of that amount, up to S472250 will paid as attorney fees, up to $12,000.00 will be paid as costs, and up to S72500 00 will paid to Plaintiff Some portion will also paid to a settlement administrator. Of the remaining amount: estimated to be $61,645.25 (Bradley Decl. 17), 75- percent will paid to the...

Excerpt: ...warranties arising from the lease of an allegedly defective On February 24, 2022, Plaintiffs noticed the deposition of Defendant' s person most knowledgeable ("PMK')_ On March 3: 2022: Defendant served objections. After meeting and conferring, the parties participated in an informal discovery conference on August 12, 2022. On April 17, 2023, Plaintiffs filed a motion to compel the deposition of Defendant's PNIK with production of documents. If a ...

Excerpt: ...aratory relief, and (3) unlawful business practices in violation of Business and Professions Code section 17200 On February 23 and 24: 2022: the Court tried the section 172CH3 cause of action first in a bench trial, and on May 2: 2022: the Court issued its Statement of Decision: finding in favor of Saroyan on the third cause of action. On June 30: 2022: the Court granted Saroyan's motion for judgment on the pleadings on the first and second cause...

Excerpt: ...e & Co. (collectively, "Defendants"), alleging (1) racial discrimination; (2) disability discrimination; (3) retaliation; (4) harassment; (5) failure to prevent discrimination, retaliation, and harassment; (6) negligence and negligent infliction of emotional distress; (7) negligent hiring: supervision, and retention; (S) intentional infliction of emotion distress; (9) wrongåul termination in violation of public policy; and (10) battery _ On Marc...

Excerpt: ...p L_P_), Scenic Industries LLC ("Scenic"), Bevin West LLC: and Does 1-100, alleging negligence and negligence per se. Plaintiff later named Video Tech Services Inc. ("VTS") as Doe 1 and Grandesign Advertising Firm Inc. ("Grandesign") as Doe 2. On November 22, 2019, Scenic filed a cross-complaint for (1) equitable indemnity; (2) contribution; and (3) declaratory relief Scenic later named VTS as Roe 1 _ On December 18, 2020, Scenic filed a first am...

Excerpt: ...intly and several ly On September 15, 2022, the Coun granted CNP Holdings LLC' s motion for an assignment order and ordered that JKr1 Zubaid and his spouse Andrea Pinto Zubald assign the right to rental income from certain properties to CNP Holdings LLC On February 9, 2023 an acknowledgment of assignment was filed for CNP Holdings LLC' s assignment of the judgment to KH Capital LLC. On March 3 2023 KH Capital LLC filed a motion for order to obtai...

Excerpt: ... filed a first amended complaint alleging breach of fiduciary duty: aiding and abetting breach of fiduciary duty, breach of contract: conversion, conspiracy to commit conversion, and unjust enrichment. Casa Mexico later dismissed Gerardo Leywa-Buccio_ On October 19, 2022, the Court sustained in part a demurrer to Ruccione' s first amended cross-complaint ("FACC") u.ith leave to amend On November S, 2022, Ruccione filed a second amended cross-comp...

Excerpt: ... U.S. Foodservice, Inc. On December 2, 2022, the Court entered judgment on the verdict On December 19, 2022, Plaintiff filed a verified memorandum of costs, seeking 55,132.80 in costs. On January 2023, Defendant filed a motion to tax costs. On January 10, 2023 Plaintiff filed a motion for attorney fees, seeking $1,292,197.20 in attomey fees On February 9, 2023 the Court granted in part Defendant' s motion for judgment notwithstanding the verdict ...

Excerpt: ... Califomia Inc., Mrs. GoocW s Natural Food Markets Inc., and Keith Manbeck, arising from his employment u.ith Defendants. On January 9, 2023 the parties filed a stipulation for Plaintiff to dismiss Whole Foods Market Califomia Inc. and Keith Manbeck_ They did not file a proposed order for the Court's signature, nor did Plaintiff separately file Requests for Dismissal. Accordingly: on its own motion, the Coun now OR_DERS Whole Foods Market Califor...

Excerpt: ...tative claim for penalties under the Private Attomey General Act ("PAGAN) _ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendants will pay no PAGA penalties in exchange for a dismissal of the PAGA claims with prejudice. A court must review and approve any penalties sought as part of a proposed settlement agreement pursuant to Labor Code section 2699. (Lab. Code S 2699, subd_ "[C]ivil penalties by aggrieved...

Excerpt: ...efendant Schuster Real Estate Co., Ltd. On July 6: 2022: Defendant filed an answer. MOTION FOR LEAVE TO AMEND On March 15 2023 Plaintiff filed a motion for leave to amend the complaint. Defendant did not file an opposition. The Coun may: in its discretion and after notice to the adverse party: allow an amendment to any pleading. (Code Civ. Proc_, 473, subd_ (a)(l)_) A motion to amend a pleading must include a copy of the proposed amendment or ame...

Excerpt: ...l action through Michelle Philips: the successor in interest for Plaintiff who is now deceased. No oppositions were filed. ' 'A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent' s successor in interest _ _ _ and an action may be commenced by the decedent's personal representatives or, if none, by the decedent' s successor in interest" (Code Civ. Proc_: 377 _30_) After the de...

Excerpt: ...na filed this action against Defendants Limai Education: Inc. and Limai Holdings, Inc., arising from their employment The Complaint alleges (1) breach of contract; (2) promissory estoppel; (3) breach of the covenant of good faith and fair dealing; (4) fraud and concealment; (5) wrongåul termination in violation of public policy; (6) race/national origin discrimination; (7) failure to prevent, investigate, and/or remedy unlawftl harassment; (8) f...

Excerpt: ...dants'), alleging (1) trespass to chattels; (2) breach of the implied covenant of quiet enjoyment; (3) negligence; and (4) constmctive eviction. On October 11, 2022, Defendants filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal App_4th 740, 747.) When considering demurrers, couns read the allegations liberally and in context, accepting the ...

Excerpt: ... Ram for breach of warranties arising from the purchase of an allegedly and subsequent negligent repair On February 28, 2022, Plaintiff Requests for Production of Documents, Set One on FCA_ On March 30, 2022, FCA served responses but did not produce documents other than the subject vehicle records. On November 18: 2022: Plaintiff filed a motion to cornrrl åurther responses toRFPNos_ 8: 12: 17: 20: 21: 23: 27: 30: 31: 33: 70-76 FCA did not timely...

Excerpt: ..."Vista Ford") (collectively: 'Defendants'), arising from Plaintiffs purchase of an allegedly vehicle from a non- party dealer ship. On January 13, 2023 Defendants filed a motion to compel arbitration and stay the action pending completion of arbitration. At the April 6, 2023 hearing, the Court ordered supplemental briefing on the effect of Ford Motor Warranty Cases (Cal. ct App_, Apr. 4: 2023: No. B312261) 2023 WL 2768484 (Ochoa), and continued t...

Excerpt: ...�TLV”) Construction Inc. and Suretec Insurance Company (“Suretec”). The complaint alleges that TLV failed to pay PRC after PRC performed emergency mitigation services pursuant to a contract. On May 25, 2022, Suretec filed a cross-complaint against Theodore Gregory Lee and TLV for indemnity, reimbursement, and contribution. On July 7, 2022, TLV filed a cross-complaint against Eun Hee Song, JNH Roofing Inc. (“JNH”), and Jay Hahm (collecti...

Excerpt: ... Defendant Razmer #3 LLC. On February 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of pictures/maps (Exhibit A), emails and letters (Exhibit B), and links to websites about Avi Ryzman's real estate experience (Armas Decl. ¶ 13) is denied. These are not proper subjects of judicial notice. Plaintiff's request for ...

Excerpt: ...les and Los Angeles County Department of Children and Family Services, alleging (1) violation of Child Abuse and Neglect Reporting Act (“CANRA”); (2) breach of mandatory duties; (3) breach of special duty arising under special relationship; (4) negligence; (5) negligent supervision; and (6) intentional infliction of emotional distress (“IIED”). On December 16, 2022, County of Los Angeles (“Defendant”) filed a demurrer and motion to st...

Excerpt: ... Nazarian. On January 23, 2020, the Court entered default against Defendant, and on August 2, 2021, the Court entered default judgment. On February 14, 2023, Defendant filed this motion to set aside the default and default judgment. Defendant included a copy of his proposed answer to the complaint. (Simons Decl., Ex. A.) LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excu...

Excerpt: ...a Perusset filed this action against Defendants Tutor Time Learning Centers LLC (“Tutor Time”) and Danika King. The Complaint alleges that Plaintiff was employed by Tutor Time, and King was Plaintiff's “employer, manager, corporate agent, and/or supervisor.” (Complaint ¶¶ 2, 5.) On March 16, 2023, Plaintiff filed a motion to compel King's deposition with production of documents, including a request for sanctions. On April 12, 2023, Plai...

Excerpt: ...n against Defendant Sunrise Foods LLC, asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On January 11, 2023, Defendant filed a motion to compel arbitration and dismiss the action. No oppositions were filed. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbit...

Excerpt: ...Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi (collectively, “Plaintiffs”) filed this action (then assigned to Department 55) against Defendant T-Mobile USA Inc. The Verified...