Excerpt: ...omplaint TENTATIVE RULING: 1. Demurrer is OVERRULED. 2. Motion to Strike is GRANTED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April , 2022, Edgard Marroquin (“Plaintiff”) filed a complaint against Defendant American Honda Motor Co., Inc., (“Defendant”). The complaint alleged two causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty and (2) Fraudulent Inducement – Concealment. T...

Excerpt: ...SPONDING PARTY(S): Plaintiff J. Steed Inc. REQUESTED RELIEF: 1. An order setting aside default entered on March 23, 2022, as to both Defendants Ronald Nolan and Donna Nolan TENTATIVE RULING: Motion to Set Aside Default is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 12, 2022, Plaintiff J. Steed Inc., a California Corporation, dba Brooke's Garage Doors Painting and General Contracting (“Plaintiff”) filed a complaint agai...

Excerpt: ...to Compel Arbitration is GRANTED. 2. Request for Stay of the Proceedings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 15, 2022, Plaintiff Larry Chavez (“Plaintiff”) filed a complaint against Defendant ABM Industry Groups, LLC, Bridgette Goins, and Does 1 through 20 (“Defendants”). The complaint alleged multiple causes of action for discrimination, harassment, retaliation under California Fair Employment and Housing...

Excerpt: ...ATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 7, 2018, Plaintiff Marshonda Whitaker (“Plaintiff”) filed a complaint against Defendants Abraham Mayer; Afton Properties, Inc.; Afton Holdings, LLC; Afton Holdings II, LLC; CMIF Fountains LP; Canyon Partners Real Estate LLC; and Does 1 through 30. This action arises out of a landlord-tenant dispute. Plaintiff alleges she reported a leak in the ceiling from the roof in the master bedroom,...

Excerpt: ...Nos. 1.1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 16.6, 16.8, 16.9, 16.10, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6 3. Further responses to Requests for Admissions Nos. 1-29 4. Further Requests to Requests for Production Nos. 1-20 5. Request for Monetary Sanctions TENTATIVE RULING: 1. Motion to Compel Further Responses as to the Special Interrogator...

Excerpt: ...tion to Strike portions of the FAC TENTATIVE RULING: 1. Demurrer is SUSTAINED, without leave to amend. 2. Motion to Strike is MOOT. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 2, 2022, Plaintiffs Tracey Fontenette Allen (“Plaintiff”) filed a complaint against Defendants Ashely Nicole Fontenette, Anthony H. Ruey, an individual and Sureties on his Bond, and Does 1 through 10. Plaintiff filed a Motion for Leave to File First Amended...

Excerpt: ...and sixth causes of action 2. An order granting the motion to strike TENTATIVE RULING: 1. Demurrer is SUSTAINED, as to all causes of action, without leave to amend. 2. Motion to Strike is Moot. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 6, 2020, Plaintiff CA Bijoux Bijoux (“Plaintiff”) filed a complaint against Defendants Behrouz Messian and Sharona Yeshoufar Messian (“Defendants”) seeking damages arising from the defendant...

Excerpt: ...onses to Special Interrogatories Nos. 10- 16 2. Request for Monetary Sanctions against Sheppard Mullin Richter & Hampton LLP, Paul S. Cowie, Esq., Brian S. Fong, Esq., Peter Y. Lee, Esq., and Defendant, Barton Brands of California, Inc., jointly, in the sum of $1,400.00 TENTATIVE RULING: Motion to Compel Further is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Chris Stout (“Plaintiff”) filed a complaint against Defendant ...

Excerpt: ...1. Defendant's Motion to Compel Arbitration is GRANTED 2. The current proceedings is STAYED, pending the outcome of the arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Kyunam Shim (“Plaintiff”) filed a complaint against Defendant Hyundai Motor America (“Defendant”) on March 29, 2022. The complaint alleged four violations for breach of an express and an implied warranty under both the Song-Beverly Act and the Magnuso...

Excerpt: ... OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 30, 2018, Plaintiff Efren Marquez filed a complaint against Defendant Kia Motors America, Inc., alleging violations of the Song-Beverly Act. Defendant filed an Answer on August 30, 2018. Plaintiff filed a Notice of Settlement on January 5, 2022. This current Motion for Attorneys' Fees was filed on May 12, 2022. Defendant filed an Opposition on July 21, 2022. Plaintiff's reply was filed on July 28, 20...

Excerpt: ...ion for Attorneys' Fees is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Julio Cruz Topete aka Julio Topete and Carlos Manuel Topete (“Plaintiffs”) filed a complaint against Defendant Ford Motor Company, Central Ford Automotive, and Does 1 through 10 (“Defendants”) on February 8, 2019. The complaint alleged three violations of the Song-Beverly Act, breach of an express and an implied warranty, and a violation of Sect...

Excerpt: ...ction, without leave to amend. TENTATIVE RULING: 1. Demurrer as to the first cause of action is SUSTAINED, without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 8, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“plaintiff” or “LADWP”) filed this action against Defendant Yunhee Min, alleging causes of action for: C/A 1: Account Stated C/A 2: Book Accou...

Excerpt: ...ttlement between the parties was entered in good faith TENTATIVE RULING: 1. The Motion for Determination of Good Faith Settlement is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Bell Gardens Avenue, LLC entered into an agreement of purchase and sale of real property and escrow instructions (“Purchase and Sale Agreement”) with 8000 Bell Gardens, LLC to purchase an undeveloped land which is located at 8000 Bell Gardens Ave...

Excerpt: ...Plaintiff Laura Michelle Spadaro (“Plaintiff”) filed a complaint against Defendants County of Los Angeles (“County”), County of Los Angeles Sheriffs Department (“Sheriff's Department”), Simeon Daniels, Juan Alverez, Sydney Crocket, Lance Verdugo, and Steve Sheridan. (“Defendants”) on June 8, 2020. The complaint is based on allegations that Plaintiff suffered discrimination and harassment due to her gender while employed with the S...

Excerpt: ...Indemnity and (2) Equitable Indemnity or Contribution TENTATIVE RULING: 1. Demurrer as to the First Cause of Action is OVERRULED 2. Demurrer as to the Second Cause of Action is OVERRULED 3. Request for Judicial Notice is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Timed Out LLC (“Plaintiff”) filed a complaint against Defendant Chippewa dba Much and House Public Relations and Marketing Management (“Defendant”) on Jan...

Excerpt: ...: 1. Further responses to Special Interrogatories Nos. 2, 3, and 10 2. Further responses to Requests for Admissions Nos. 1, 2, 8, 9, 10, 12-17, 19-29 3. Further Requests to Requests for Production Nos. 1-29 4. Request for Monetary Sanctions TENTATIVE RULING: Motion to Compel Further Responses as to the Special Interrogatories is DENIED. Motion to Compel Further Responses as to the Requests for Admissions is CONTINUED. Motion to Compel Further Res...

Excerpt: ...provide further responses to Request for Production of Documents Nos. 12-36 2. An order granting monetary sanctions to Defendants TENTATIVE RULING: 1. Motion to Compel Further Responses as to Requests for Production of Documents is GRANTED, as to Nos. 12-16, and 25-36 2. Motion to Compel Further Responses as to Requests for Production of Documents is DENIED, as to Nos. 17-24. 3. Request for Sanctions is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR...

Excerpt: ...y, an order granting evidentiary and issue sanctions 3) An order directing Defendant to pay $3,860 in monetary sanctions TENTATIVE RULING: 1) Motion for Terminating Sanctions is DENIED. 2) Motion for Evidentiary Sanctions is GRANTED. 3) Motion for Issue Sanctions is DENIED. 4) Motion for Monetary Sanctions is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Moossa Naim, as Trustee of the Moossa and Laura Naim Family Trust Dated ...

Excerpt: ...itive damages TENTATIVE RULING: 1. Demurrer as to the first, third, and fifth causes of action is SUSTAINED, with leave to amend is granted only as to the FIRST cause of action. 2. Motion to Strike punitive damages is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 25, 2021, plaintiff Stephen Grollnek filed this action against Defendants Fashion Enya, NB Bros. Corp., Trendz, and Pingo Inc., alleging causes of action for: C/A 1:...

Excerpt: ...NTATIVE RULING: 1. Demurrer is SUSTAINED without leave to amend. 2. Request for Judicial Notice is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff CHA Hollywood Medical Center, L.P. (“Plaintiff”) filed a complaint against Defendant Local Initiative Health Authority for Los Angeles County dba L.A. Healthcare Plan, an independent entity and Does 1 through 25 (“Defendant”) on February 18, 2022. The complaint alleged three ...

Excerpt: ...is GRANTED 2. The current proceedings are STAYED, pending the outcome of the arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Adriana Amezcua (“Plaintiff”) filed a complaint against Defendant American Honda Motor Co., Inc., (“Defendant”) on December 21, 2021. The complaint alleged two violations of the Song-Beverly Act, breach of an express and an implied warranty. Plaintiff alleges during that warranty period, the S...

Excerpt: ...yees on whose behalf she brings this PAGA action from August 31, 2019 to November 24, 2021 within the meaning of Labor Code § 2775. § Issue 2: Whether Defendants willfully misclassified Plaintiff and the aggrieved employees on whose behalf she brings this PAGA action from August 31, 2019 to November 24, 2021 within the meaning of Labor Code § 226.8. § Issue 3: Whether Defendants engaged in a pattern or practice of willfully misclassifying Pla...

Excerpt: ... Honorable Gerald Rosenberg, Judge Retired, issued an arbitration award in favor of Petitioner Carlini Enterprises, Inc., and against Nico Nat Mfg. Corp. The award requires the Respondent to pay a total of $68,590. This is based on a principal sum of $32,500, an interest of $5,598, $13,188.88 that was paid to R&V Polishing, $3,497.04 that was paid to Valley Plating, $1,840.80 that was paid to Gemtech Coating, $1,015.64 for labor, and $10,950 for ...

Excerpt: ..., (“Plaintiff”) filed a complaint against Defendants Alice “Cricket” Lee, MBRIO, Inc., (d/b/a FitLogic), Park Avenue Apparel, LLC (“Defendants”) on August 23, 2019. The complaint alleges that per a written agreement, Plaintiff sold women's pants to Defendant MBRIO. However, Defendant later indicated that it was unable to pay the open balance. Defendant Park Avenue then indicated to Plaintiff that it would purchase Defendant MBRIO's in...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Rosalia Lopez, as an aggrieved employee, and on behalf of all other aggrieved employees, under the Labor Code Privat Attorneys' General Act of 2004, (“Plaintiff”) filed a complaint against New Fashion Products, Inc., and James Ahen (“Defendants”) on September 24, 2021. The complaint was under PAGA for civil penalties under Labor Code Sections § 210, 226.3, 558, 1174.5, and 2699. Defenda...