Excerpt: ...0 days leave to amend. Plaintiffs Larisha Perkins (“Perkins”) and Isaiah Sampson (“Sampson”) (collectively, “Plaintiffs”) move unopposed to strike Defendants SBDTLA 1, LLC's; SBDTLA 2, LLC's; SBDTLA 3, LLC's; SBDTLA 4, LLC's; and Greystar California, Inc.'s (collectively, “Answering Defendants”) answer (“Answer”) to Plaintiffs' Complaint, or in the alternative, strike portions of the Answer, specifically, portions claiming Pla...

Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ... summary adjudication as to Pithawalla but not as to his fellow plaintiff B&S Ventures Inc. (“BSV”). The Court DENIES Pithawalla's motion to strike. The Court GRANTS Pithawalla's motion to tax costs. The Court awards AmGuard costs in the amount of $921.05. Background Plaintiff B&S Ventures Inc. (“BSV”) is a Wingstop franchisee that owns and operates several Wingstop restaurants, including one located at 1685 Pacific Coast Highway, Unit D,...

Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...

Excerpt: ...sidered the moving and opposition papers. No reply papers were filed. The motion is DENIED. Background This action arises from the breach of a month- to-month rental agreement for a property located at 10523 Selkirk Lane, Los Angeles, CA 90077 (the “Property”). On August 29, 2023, Plaintiff Thuong Luong (“Plaintiff”) filed a Complaint against Defendants Veronika Mikhaylova (“Defendant”) and DOES 1 through 100, inclusive, alleging a si...

Excerpt: ...d Haghighat Family Trust, and Does 1 to 50 for injuries arising from a metal gate coming off the rail, which caused Plaintiff to fall backwards on concrete. On September 6, 2022, Plaintiff filed amendments to complaint correcting the name of defendants Daria Trs to Daria Haghighat, Trustee of The Haghighat Family Trust, and correcting the name Hooshang Haghighat to Hooshang Haghighat, Trustee of the Haghighat Family Trust. F urther, dismissal was...

Excerpt: ...ey's “mistake, inadverte nce, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” ( State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438- 441.) Relief mu...

Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti -SLAPP) (the “M...

Excerpt: ...ke Portions of Plaintiff's Complaint Pursuant to CCP § 425.16 The Court has considered the moving papers. No opposition papers were filed. The motion is GRANTED. Background This action arises from the filing of an unlawful detainer action, LASC Case No. 22STUD06657 (the “UD Action”), against Plaintiff Derrick Lamont Beverly (“Plaintiff”) by Fox Normandie Apartments, LP. (Complaint at p. 1:18 -28.) On April 14, 2023, Plaintiff filed a Com...

Excerpt: ...hip, SRHT PROPERTY MANAGEMENT COMPANY, a California Public Benefit Corporation, and DOES 1 through 30, inclusive, Defendants. Case No.: 24STCV00739 Hearing Date: 4/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant St. Mark's Fifth Street Partners and SRHT Property Management Company's Motion to Strike Portions of Plaintiffs' Complaint. I. Background A. Pleadings Plaintiffs Dean Harper, Alma Mendez Salazar, Augustine Adkins, Spencer Anderson,...

Excerpt: ...Siaki, crashed through the restaurant while being pursued by the Sheriff 's Department. Plain tiff alleges that Defendant, International House of Pancakes (“IHOP”), was negligent in failing to install barriers for the outdoor seating area, which was improperly inspected and permitted by the City of Carson. Plaintiffs allege claims for negligence an d wrongful death. II. ARGUMENT S Defendants, Dine Brands Global, Incl; Dine Equity, Inc.; and I...

Excerpt: ...ich was vested in the name of Plaintiff's n ow deceased spouse, Ms. Gamez. As a result of a 50% spousal property petition and purchasing the remaining 50% from Ms. Gamez's estate, Plaintiff holds 100% interest in the subject property. Defendant Zendejas was a close friend of Plaintiff whom Plaintiff relied on to assist with numerous tasks. Eventually, Zendejas and his family moved into the property and relocated Plaintiff. In April 2023, Plaintif...

Excerpt: ...laratory relief. On February 22, 2024, Defendant filed this motion to transfer this action to the Superior Court of the County of Orange. LEGAL STANDARD “[A] motion for change of venue must satisfy two requirements: (1) it must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable t heory.” (La Miranda Community Hospit...

Excerpt: ...d Daniel Ramirez (“Ramirez”) for damages arising from a dog bite incident. The complaint sets forth two causes of action for general negligence and strict liability. The complaint includes a prayer for punitive damages. Defendant Mehrdad Azizi, erroneously sued as Michael Azizi, (“Azizi”) moves to strike the prayer for punitive damages. Plaintiff opposes the motion, and Azizi filed a reply. II. MOTION TO STRIKE 1. Procedural Standard Befo...

Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...

Excerpt: ...18, Plaintiff filed a copy of its settlement agreement with Ayon with a request for dismissal and retention of jurisdiction under Code of Civil Procedure Section 664.6. The Court granted the request for dismissal with retention of jurisdiction on August 31, 2018. (Stip and Order for Settlement, 08/31/18.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement Agreement, and Enter Judgment on January 30, 2024. No opposition has...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...

Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...

Excerpt: ... as to Requests for Admission is granted. The Motions as to Requests for Production are denied. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On September 20, 2022, Plaintiffs Wei Chen, Weifeng International, Inc., and AIIC 17 YM Culver City, LLC filed the operative First Amended FAC (“FAC”) against Defenda...

Excerpt: ...ainst Attorney Karen Rooney is denied. Defendants Sara Van Horn (“Sara”) and Patrick Van Horn (“Patrick”) (collectively, “Defendants”) move for an order for an order to show cause why Plaintiff The Woman's Club of Hollywood, California's (“Woman's Club”) (“Plaintiff”) former counsel, Karen Roon ey (“Rooney”) should not be held in contempt of this Court's March 4, 2024, Order. (Notice of Motion, pgs. 1 -2.) Defendants reque...

Excerpt: ...rs the following tentative decision. A. Statement of the Case 1. Petition Petitioner Elemuren commenced this proceeding on July 5, 2023, alleging causes of action for administrative mandamus and breach of contract. The verified Petition alleges in pertinent part as follows. On July 26, 2020, while Elemuren was pursuing his degree for a Psychiatric -Mental Health Nurse Practitioner (“PMHNP”) and in good standing with CDU, a dispute arose regar...

Excerpt: ...: George Hall, Jr. and Donna Hall (collectively, “the Halls”) filed a Statement of Claim with [the Financial Industry Regulatory Authority (“FINRA”)] on June 15, 2021 naming Securities America, Inc. as the Respondent in the action styled Donna T. Hall and George E. Hall Jr., as Trustees of the Hall Trust DTD 3/23/15 v. Securities America, Inc., FINRA No. 21 -01517 (“Hall Action”). [Citation.] The claims related to the handling of thei...

Excerpt: ...y of default judgment against Defendants Libra Hollywood, LLC and John Greenwood (jointly, "Defendants"). Plamtiffs seek judgment in the total amount of $34,600.10, comprising S28,927.67 in damages, $3,163.82 in interest, $1,155.87 in costs, and $1,352.74 in attornevs fees. The Court notes a number of defects with the submitted default judgment package. First, Item 1 (a) of the Request (Form CIV-OO) incorrectly states that the Complaintin this ac...

Excerpt: ...action for violations of the Labor Code, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendants failed to pay him an hourly wage, only paid him a stipend, and failed to permit statutory breaks. When Plaintiff complained, Defendants retaliated by constructively terminating Plaintiff's employment. 10/31/2023 Default Entered 4/5/2024 Doe Dismissal Entered Plaintiff seeks damages and statutory penal...

Excerpt: ...an employment dispute. Plaintiff Jane Doe was employed as a server for Defendant The Huntley Hotel (the “Huntley”) from 2016 until her constructive termination on May 13, 2022. (First Amended Complaint (“FAC”) ¶¶18, 45.) Plaintiff alleges she was attacked and sexually assaulted by Defendant Ryan Jackson (“Jackson”), a co -worker, outside of work. (FAC ¶ 18.) Despite being told about the assault, Defendant Eman Rivani, the food & be...