Excerpt: ...th & Fifth, Inc.; Paul King Por Wong and Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba...

Excerpt: ...herchi; Compass, Inc.; Or Brodsky; and Kathy Mehringer. On October 17, 2022, 833 N. Spaulding OTMH, LLC and Omri Tcherchi (collectively, “Defendants”) filed a demurrer and amotion 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, courts read the allegations liberally and in context, accepting the alleged facts as tru...

Excerpt: ...complaint (“SAC”) against Defendants Roseann Frazee and Frazee Law Group (collectively, “Defendants”), and Defendant Karen B. Miller, alleging legal malpractice during their representation of him in Jennifer Peiying Lin, et al. vs. Xing Wu, et al. (Riverside County, No. RIC1719974) (“Riverside Action”). (See SAC ¶¶ 12-19; Baris Decl. ¶ 3.) On July 26, 2022, Defendants served a subpoena for production of business records (“Documen...

Excerpt: ...C in this Song-Beverly case. Under the settlement, Defendant agreed to pay Plaintiff's reasonable attorney fees and costs. (Moroe Decl., Ex. 3.) On October 13, 2022, Plaintiff filed a memorandum of costs, and on October 21, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. REQUEST FOR JUDICIAL NOTICES Plaintiff's request for judicial notice is denied, as the total fee awards in other cases and other ...

Excerpt: ...d Alex M. Pineda (collectively, “Plaintiffs”) and against Defendant Kia Motors America, Inc. On September 30, 2022, Plaintiffs filed a verified memorandum of costs, seeking costs of $35,074.61. On October 14, 2022, Defendant filed a motion to tax costs. A prevailing plaintiff in a Song-Beverly action may recover all “costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commenc...

Excerpt: ... Dobbins, Big Breakfast, Artists First, and Touchstone Television Productions d/b/a ABC Studios for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) promissory estoppel; (4) breach of implied in fact contract; (5) breach of confidence; (6) intentional misrepresentation; (7) intentional interreference with contract; and (8) inducing breach of contract. (Complaint.) Defendants Tracee Ross, Kenya Barris,...

Excerpt: ...August 13, 2021, Plaintiff T.H. filed a first amended complaint (“FAC”) against Defendant County of Los Angeles arising from childhood sexual abuse. On June 29, 2022, the parties participated in an informal discovery conference. On July 13, 2022, Defendant filed a motion to compel further responses to special interrogatories. On July 14, 2022, Defendant filed a motion to compel third party Orange County Mental Health to comply with a records ...

Excerpt: ...st Defendants Walgreen Co. and American Protection Group, Inc. (“APG”), alleging (1) breach of duty to indemnify under Labor Code section 2802; (2) breach of duty to indemnify under Corporations Code section 317; and (3) declaratory relief/quantum meruit. On August 29, 2022, Walgreen Co. (“Defendant”) filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. M...

Excerpt: ...ons of Business and Professions Code section 17200 and Civil Code section 1750. On October 12, 2022, Defendant filed a motion to stay this action pending the resolution of Henry v. Nissin Foods (U.S.A.) Co., Inc. (No. 1:22-cv-363) (Henry), which is pending in the United States District Court, Eastern District of New York. Defendant's request for judicial notice is granted. A. Legal Standard When nearly identical actions are in courts of different...

Excerpt: ...48 8:30 a.m. November 8 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary judg...

Excerpt: ...tructured settlement payment rights. The petition seeks transfer of certain structured settlement payment rights held by Jonathan Laricci (“Payee”) arising from a personal injury claim. (Petition ¶¶ 2-3.) If approved, Payee will transfer to Petitioner one payment of $11,114.92 on September 5, 2024, and one payment of $19,114.92 on September 5, 2025. (Petition ¶ 4.) In exchange, Petitioner will pay Payee $17,146.99. (Petition at p. 4.) A di...

Excerpt: ...Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On August 19, 2022, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the fifth cause of action for fraudulent inducement – concealment. A. Specificity Defendant argues this cause of action is not pleaded with the required specificity. (Demurrer at p. 8.) Fraud based on concealment requires that “(1) the defendant must have concealed or...

Excerpt: ...ly, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendant Jamshid Niknam M.D. and others. On November 12, 2021, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), a motion to file documents under seal, and a demurrer. On July 25, 2022, the Court granted the anti-SLAPP motion, granted the motion to seal, and sustained the demurrer. On August 1, 2022, Defendan...

Excerpt: .... The Court entered default against Defendant on May 16, 2022. On July 11, 2022 and July 27, 2022, the Court denied Plaintiff's request for entry of default judgment without prejudice and explained the many deficiencies in Plaintiff's request. On August 10, 2022, the Court again denied Plaintiff's amended request for entry of default judgment without prejudice. The Court's order again detailed the many deficiencies in Plaintiff's request for defa...

Excerpt: ...ust, and against Defendant Behnam Rafalian. On August 19, 2022, Plaintiff filed a memorandum of costs, reflecting $40,389.92 in costs. On September 6, 2022, Defendant filed a motion to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasonable or necessary.” (Adams v. Ford Motor Co. (2011)...

Excerpt: ...and breach of implied-in-fact contract. On July 26, 2022, Plaintiff filed a motion for summary judgment, or in the alternative, adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the June 8, 2020 Order of Liquidation in Commissioner of the Department of Financial Regulation v. Global Hawk Insurance Co. Risk Retention Group (Vermont Superior Court, Washington Unit, Case No. 196-5-20 Wncv) is granted. FACTUAL BACKG...

Excerpt: ...ONS ADMITTED; GRANTING MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES; GRANTING PLAINTIFF'S MOTION TO COMPEL FURTHER PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. October 27, 2022 On April 25, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed this action against Defendant Carlos A. Lainez for Violation of the Immigration Consultant Act. On May 18, 2022, Plaintiff served its Request for Production of Documents, Set One; Request ...

Excerpt: ...ants Compton Unified School District and Marco Godinez (collectively, “Defendants”) and against Plaintiff I.C. The same day, the Court entered judgment in favor of Defendants and against Plaintiff. On May 27, 2022, Defendants filed a verified memorandum of costs and a motion for recovery of post-offer expert costs. On June 10, 2022, Plaintiff filed a motion to strike or tax costs. On June 17, 2022, Defendants filed a notice of errata re: cost...

Excerpt: ...RESPONSES TO SPECIAL INTERROGATORIES; GRANTING IN PART PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; GRANTING IN PART REQUESTS FOR SANCTIONS Dept. 48 8:30 a.m. October 25, 2022 On September 25, 2020, Plaintiff Central Metal, Inc. filed this action against Defendants Antonio Bernard Whitley aka Bernard Whitley; BW Transportation Solutions, Inc. dba BW Capital Solutions; Daniel E. Park; and Daniel E. Park Law Corporation. Defendants D...

Excerpt: ...led this action against Defendants FCA US, LLC (“FCA”) and Rydell Chrysler Dodge Jeep Ram. On May 2, 2022, Plaintiff propounded Request for Production, Set One, on FCA. (Neubauer Decl. ¶ 19 & Ex. 7.) FCA served responses on June 3, 2022. (Neubauer Decl. ¶ 21 & Ex. 8.) After meeting and conferring (Neubauer Decl. ¶¶ 28-34 & Exs. 9-11, 14-15), the parties scheduled an Informal Discovery Conference. On August 12, 2022, FCA failed to appear a...

Excerpt: ...led this action against Doe 1, arising from childhood sexual assault. On October 14, 2022, Plaintiff filed an ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a fictitious name. A. Seal Certificates of Merit A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file certificates of merit executed by the attorney for the plaintiff an...

Excerpt: ...lye Richards (collectively, “Plaintiffs”) filed this action against Defendant Brentwood Investment, LLC. The Complaint alleges (1) breach of contract; (2) breach of the implied warranty of habitability; (3) intentional infliction of emotional distress; (4) private nuisance; (5) negligence; (6) wrongful eviction; (7) violation of Civil Code section 1950.5(1); and (8) violation of Civil Code section 1942.4. On August 24, 2022, Defendant filed a...

Excerpt: ...d by Plaintiffs Anibal Jose Colindres Perez and Yermin Alexander Pineda (collectively, “Plaintiffs”) and Defendant Versa Products, Inc. On May 6, 2022, Plaintiffs entered into a settlement agreement with Defendant, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. (Okunor Decl. ¶ 2.) On September 27, 2022, Plaintiffs filed a motion to enforce their settlement with Versa Produ...

Excerpt: ... and Tetra Tech SWE. The complaint alleges (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent discrimination, harassment, or retaliation; (5) whistleblower retaliation under the Labor Code; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; and (8) ...

Excerpt: ...tiffs Audelia Velasquez and Lena Velasquez-Carreras (collectively, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendants Montebello Care Center, LLC dba Montebello Care Center (“Montebello Care Center”); Genesis Healthcare, LLC; Genesis Healthcare, Inc.; Genesis Administrative Services, LLC; Summit Care, LLC; NewGen, LLC; and NewGen Operations Management, LLC (collectively, “Defendants”) arising from Ms. Velasqu...

Excerpt: ... and High Times Holding Corp. (collectively, “Defendants”), alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory fraud, (4) open book account, and (5) account stated. On July 12, 2022, Plaintiff filed a motion for summary adjudication of the first, second, fourth, and fifth causes of action. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-16 are overruled. The evidence about a ...

Excerpt: ...ntiff Maricela Vargas and Defendant Ocwen Loan Servicing LLC. The jury made specific factual findings, including that Plaintiff did not suffer damages but Defendant's misconduct was intentional, reckless, or willful. The jury also awarded $40,000.00 in statutory damages. The Court ordered the parties to brief the issue of the form of Proposed Judgment to be entered based on the jury verdict and stayed the entry of judgment. On September 21, 2022,...

Excerpt: ...”) filed this action against Defendant Toyota Motor Sales, U.S.A., Inc., arising from Plaintiffs' purchase of an allegedly defective vehicle from a non-party dealership. On August 4, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. On August 30, 2022, the Court granted Defendant's ex parte application for an order staying proceedings pending Defendant's motion to compel arbitration, and...

Excerpt: ...ke Chavarrie and County of Los Angeles (“County”). On November 24, 2020, Mike Chavarrie was dismissed as a defendant. On June 14, 2021, the parties stipulated to the filing of a first amended complaint because two of the four plaintiffs had settled their claims, one defendant had been dismissed, and the remaining plaintiffs wished to add allegations regarding conduct that occurred after filing the action. On June 17, 2021, Ryan Greenup and Gi...

Excerpt: ...S, LLC and B&W Automotive, Inc. (collectively, “Defendants”) in this Song- Beverly case. Under the settlement, Defendants agreed to pay Plaintiffs' reasonable attorney fees and costs. (Wirtz Decl., Ex. Y, ¶ 3.) On September 6, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. EVIDENTIARY OBJECTIONS Defendants' Objection Nos. 1-2 are overruled. Plaintiff's counsel declared that he used these docu...

Excerpt: ...ation, retaliation, and failure to take all reasonable steps to prevent discrimination/retaliation. On July 28, 2022, Plaintiff filed a Pitchess motion under Evidence Code section 1043 et seq. and Penal Code section 832.5. At the original August 25, 2022 hearing on the motion, the Court continued the hearing and ordered supplemental briefing. Only Plaintiff filed a brief. A party may discover a law enforcement officer's personnel file through a P...

Excerpt: ...C”). AMC filed an answer on January 17, 2020, and a Case Management Statement on March 20, 2020. AMC's July 28, 2020 Notice of Filing of Case Management Statement stated, “No activity in the case has occurred since the originally filed Case Management Statement.” Plaintiff posted jury fees on August 11, 2020. At the August 12, 2020 Case Management Conference, the Court ordered Plaintiff to file a Case Management Statement and continued the ...

Excerpt: ...OMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. September 22, 2022 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”), and on July 13, 2021, Forest Lawn filed a cross-complaint. On July 12, 2022, the parties participated in an informal discovery conference. On August 23, 2022, Forest Lawn filed a motion to compel...

Excerpt: ...CROSS-COMPLAINT) Dept. 48 8:30 a.m. September 20, 2022 On December 17, 2021, Casa Mexico Enterprises, LLC field this action against Eric Gerardo Leyva-Buccio and Gina Ruccione, and on February 28, 2022, it 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. Leyva-Buccio and Ruccione each filed cross-...

Excerpt: ... and Elizabeth Ringer filed this action against Doe 1 (a public entity) and Doe 2 (an individual), arising from childhood sexual assault. On September 14, 2022, Plaintiffs filed an ex parte application to approve the certificates of merit and permit service, permit amendment of the complaint to name the defendants, and seal the certificates of merit and certificate of corroborative facts. A. Seal Certificates of Merit and Certificate of Corrobora...

Excerpt: ...nalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $490,000.00. Of that amount, up to $215,000.00 will be paid as attorney fees, up to $19,000.00 will be paid as costs, and $10,000.00 will be paid to Plaintiff. Some portion will also be paid to a settlement administrator. Of the remaining amount, 75-percent will be paid to ...

Excerpt: ...hong (collectively, “Plaintiffs”) filed this action against Defendants Healthy Land Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”), alleging (1) breach of written contract, (2) breach of oral contract, (3) promissory fraud, (4) negligent misrepresentation, and (5) conspiracy to defraud. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to...

Excerpt: ... and Bertha Saenz alleging breach of contract and mechanics' lien foreclosure, with an application for a stay of proceedings pending mandatory arbitration. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) On July 25, 2022, Rosa and Bertha filed a C...

Excerpt: ...ed opposition, and second amended opposition. BACKGROUND FACTS Candler's counsel declares that Hillman filed Hillman v. Owner Manager, Case No. 21STCV19384, on May 20, 2021 (“First Action”), and the complaint alleged only, “Defendant refused to refund money back to plaintiff.” (Ness Decl. ¶ 2 & Ex. A.) Hillman failed to respond to discovery, did not serve certain filings, and did not meet and confer. (Ness Decl. ¶¶ 3- 7.) Before the co...

Excerpt: ...G Direct Real Estate 10, LP (“I&G”) for appointment of an appraiser. On July 5, 2018, I&G filed a cross-complaint for declaratory relief and an injunction prohibiting further efforts to continue the appraisal process. On November 21, 2018, the Court granted Douglas Emmett's motion to appoint an appraiser. Following an appeal, the parties stipulated to the appointment of an appraiser and agreed that the appraisal process should be stayed pendi...

Excerpt: ...t Nguyen (collectively, “Petitioners”) filed a petition to compel arbitration against Teri VanLandingham, and to stay her unpaid wages and retaliation claims with the Labor Commissioner, State of California, Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”). On October 6, 2020, the Court granted the petition and ordered the DLSE proceeding stayed as to Seviinth Wave and Nguyen. The DLSE proceeding agains...

Excerpt: ...ified Labor Staffing Solutions Inc., alleging claims related to the termination of his employment, arising under the Fair Housing and Employment Act (“FEHA”) and public policy. On July 5, 2022, Defendant filed a petition to compel arbitration and stay the action, and on August 12, 2022, it filed a memorandum of points and authorities and supporting evidence. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege...

Excerpt: ...ration filed a first amended complaint (“FAC”) against Defendants Chris Doman Enterprises Inc. dba Doman Pools, alleging (1) breach of contract; (2) express indemnity; (3) implied indemnity; (4) equitable indemnity; (5) comparative negligence; (6) implied warranties; (7) express warranties; and (8) negligence. On April 7, 2022, Defendant and Cross-Complainant Chris Doman Enterprises Inc. dba Doman Pools filed a first amended cross-complaint (...

Excerpt: ...or Company's section 998 offer in this Song-Beverly case. Under the settlement, Defendant agreed to pay Plaintiff's reasonable attorney fees and costs. On July 12, 2022, Plaintiff filed a motion for attorney fees, costs, and expenses. Defendant did not file an opposition. Plaintiff's request for judicial notice is denied, as attorney fees orders in other cases are not relevant. As the prevailing party, Plaintiff is entitled to an award of reasona...

Excerpt: ...) breach of oral contract, (2) fraud, (3) conversion, (4) receipt of stolen property, and (5) unfair business practices. On June 20, 2022, Defendant filed a motion to dismiss for lack jurisdiction. At the original July 27, 2022 hearing, the Court continued the hearing and ordered supplemental briefing. Plaintiff's objections to the Third Declaration of Oscar Hackett are overruled. LEGAL STANDARD “A court of this state may exercise jurisdiction ...

Excerpt: ...isparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (2) discrimination (disparate impact) in violation of FEHA; (3) harassment (sexual favoritism) in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent harassment, discrimination, or retaliation; and (6) retaliation in violation of the Labor Code. Plaintiff later dismissed the second cause of action. On June 17, 2022, Defendant filed a ...

Excerpt: ...ackman, Shapiro, Marshall & Harlan (erroneously sued as Lewitt Hackman); Fred Berger; Sarai Estupinian; Sarai Nursing Hospice Staffing, Inc.; and Avieli Itah. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) The FAC alleges (1) breach of contract, ...

Excerpt: ...t. 48 8:30 a.m. Au gust 31, 2022 On March 9, 2022, Silver Star Construction Engineering Inc. (“Silver Star”) filed this action against Amanda Ruch, Nicolas Ruch, and U.S. Bank National Association. On March 21, 2022, Amanda Ruch and Nicolas Ruch (collectively, “Cross-Complainants”) filed a cross- complaint, and on April 25, 2022, they filed a first amended cross-complaint (“FACC”) against Silver Star, John A. Tatoulian, and Steven Bra...

Excerpt: ... retaliation, and failure to take all reasonable steps to prevent discrimination/retaliation. On July 28, 2022, Plaintiff filed a Pitchess motion under Evidence Code section 1043 et seq. and Penal Code section 832.5. A party may discover a law enforcement officer's personnel file through a Pitchess motion. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531.) The Pitchess motion has been partly codified in Evidence Code, section 1043, which make...

Excerpt: ...y, “Plaintiffs”) filed this action against Defendants Diana Lands and Diana Lands Nathanson Design Inc. (collectively, “Defendants”). On July 25, 2022, Defendants filed a motion to strike. The Court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of Califor...