Excerpt: ... Plaintiff did not object to the subpoena, did not oppose the Motion to Compel Compliance with the Deposition Subpoena, and has not presented any showing that any communications are not directly related to her claimed damages against the County. Downtown also failed to set forth any showing that there are any communications not directly related to the issues Plaintiff tendered to the Court. To the contrary, Plaintiff made it clear through written...

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: ...iled a proof of service showing substituted service of the summons, complaint, and other documents on Carrillo on December 2, 2021. On February 23, 2022, the clerk entered Carrillo's default. On April 25, 2023, Plaintiff filed a proof of service showing personal service of an amended summons, amendment to complaint, complaint, statement of damages, and other documents on Figueroa on April 23, 2023. On October 4, 2023, Plaintiff filed a request fo...

Excerpt: ...o an agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate t...

Excerpt: ...0 days. Plaintiff's request for monetary sanctions against Defendant and its counsel of record, Erskine Law Group, is granted in the amount of $2,310.00. Defendant Jose Tapia (“Tapia”) (“Plaintiff”) moves to compel the deposition of Defendant General Motors LLC's (“GM”) (“Defendant”) person(s) most qualified and custodian of records (“PMQ”) to appear for deposition. (Notice of Motion, pg. 1; C.C.P §2025.450(a).) Plaintiff als...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 13, 2021, Plaintiff Brendan Schulz filed a First Amended Complaint against Defendants Pitzer College (“Pitzer”), Janet Schwing, Nigel Boyle, and Melvin Oliver for (1) violation of the Unruh Act, (2) attempted extortion, (3) intentional infliction of emotional distress, (4) breach of contract, (5) breach of the implied covenant of good faith and fair ...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 13, 2021, Plaintiff Brendan Schulz filed a First Amended Complaint against Defendants Pitzer College (“Pitzer”), Janet Schwing, Nigel Boyle, and Melvin Oliver for (1) violation of the Unruh Act, (2) attempted extortion, (3) intentional infliction of emotional distress, (4) breach of contract, (5) breach of the implied covenant of good faith and fair ...

Excerpt: ...“Defendant”), alleging that Plaintiff purchased a new 2018 Chevrolet Silverado, having and developing serious defects and nonconformities to warranty, which Defendant was unable to conform after a reasonable number of attempts. The causes of action are: 1. Violation of Song- Beverly Act- Breach Of Express Warranty; 2. Violation of Song-Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; 4. Violation...

Excerpt: ...) for damages arising from a motor vehicle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for an examination with neurologist Dr. Jeffrey Bounds (“Dr. Bounds”) at 11370 Anderson St., Suite B100, Loma Linda, CA 92354 on December 19, 2023 at 11:00 a.m. Defendant contends a neurological examination is necessary because Plaintiff claims traumatic brain injury from the incident. Any opposition was due on or bef...

Excerpt: ...able for the landlord's attempting to evict plaintiffs in retaliation for inhabitability complaints, Plaintiff's personal injury case, and low rent due to rent control. The causes of action are: 1. Breach of Rental Contract; 2. Breach of Covenant of Good Faith And Fair Dealing; 3. Trespass; 4. Harassment; 5. Retaliation; 6. Wrongful Eviction [CA Civil Code § 789.3(A)]; 7. Uncured Building Violations [Code § 1942.2]; 8. Breach Of Warranty of Hab...

Excerpt: ...al. for Negligence, Government Tort Liability, and Premises Liabiity (19STCV05567). According to Plaintiff the case settled for $50,000, which led to a (contingency recovery) fee of $25,000. Plaintiff expected a net payment of $25,000, but when presented with the final check, additional “expenses” were also deducted, thereby leading to a net payment of “20K.” The expenses included medical “liens,” which Plaintiff contends were never �...

Excerpt: ...sh that he may freely compete against Defendants by soliciting clients from his former employment for Defendants, despite restrictive covenants contained in agreements between the parties. Plaintiff alleges that the covenants are void and unenforceable under California law. Plaintiff also alleges that the forum selection provisions are unenforceable because they violate California's public policy. On November 6, 2023, Defendants filed the instant...

Excerpt: ...ving 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 January 16, 2019, Plaintiffs Brian Yang and Jerry Xu filed a Complaint against Defendants Michel Amar, Alec Amar, Bit.Management, LLC, NYAM, LLC and Multiple Application Technology, LLC for (1) breach of fiduciary duty, (2) breach of contract, (3) breach of the impl...

Excerpt: ...cuments supporting the motion for summary judgment. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public. (Cal. Rules of Court, rule 2.550, subd. (c).) Consequently, pleadings, motions, evidence, and other papers may not be filed under seal merely by stipulation of the parties; rather, a prior court order is necessary. (Cal. Rules of Court, rule 2.551, subd. (a).) To grant such an order, th...

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: ... Los Angeles Department of Water and Power as Doe 1. On January 6, 2023, Plaintiff amended the complaint to include Defendant Edison Power Constructors, Inc. (“Edison Power”) as Doe 2. On January 12, 2023, Plaintiff amended the complaint to include Defendant PLH Group as Doe 3. On March 8, 2023, Campbell filed an answer. On May 5, 2023, Campbell filed another answer. On April 3, 2023, the City of Los Angeles, acting by and through the Los Ang...

Excerpt: ... granted, in part, and denied, in part. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendants Jonathan Berdeguer (Berdeguer) and Jennie Buchelly's (Buchelly) (collectively, Defendants) tenancy at premises owned by Plaintiff Larry Tran (Plaintiff). On 8/24/22, Plaintiff filed this action against Defendants for breach of contract and common counts. On 10/11/22, Buchelly was personally served with the summons and complaint. (See...

Excerpt: ...rnia Institute of Technology (also known as and referred to herein as “Caltech”) asserting claims for continuing trespass, continuing private nuisance, continuing public nuisance, and declaratory relief. Pasadena alleges that its drinking water supply wells, namely the Sunset wells and Eastside wells, located in the Pasadena subarea of a water basin known as the Raymond Groundwater Basin (“Basin”), are contaminated by various man-made che...

Excerpt: ...tions where the facts alleged “do not rise to the level of malice, oppression or fraud necessary” to recover punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) “[A]bsent an intent to injure the plaintiff, ‘malice' requires more than a ‘willful and conscious' disregard of the plaintiffs' interests. The additional component of ‘despicable conduct' must be ...

Excerpt: ...e “Haller Action”) against a number of defendants. Haller and Tan filed the operative First Amended Complaint (“FAC”) in the instant action on June 8, 2023 against Defendants City of Los Angeles (the “City”), Hollywood Arts Collective LP, Hollywood Arts Collective LLC, Thomas Safran and Associates Development, Inc., Thomas Safran and Associates. Inc., Morley Construction Company, and Benchmark Contractors Inc. (collectively, “Defend...

Excerpt: ...d not cause his mesothelioma, and is prejudicial because the U.S.'s use of Agent Orange in Vietnam is controversial. This evidence could be relevant to life expectancy. It can be mentioned briefly at trial without delving into U.S. military policy and actions in Vietnam. The motion is denied without prejudice to objections at trial. Defendants' MIL Nos. 1-7 No motions were filed. Defendants' MIL No. 8 Defendant Pneumo Abex LLC seeks to exclude ev...

Excerpt: ...1, Nos. 12.1, 12.2, 12.3, 12.4, 15.1, 16.1, 16.2, 16.3, 16.6 and 17.1 as to Requests for Admissions Nos. 4, 5 and 14- 53. Additionally, Plaintiff Steffanie Stelnick requests an award of sanctions against SCPMC and its attorney in the amount of $5,828.25. RULING: The motion is granted, in part, and moot or denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Steffanie Stelnick, Todd Stelni...

Excerpt: ...ole Foods Market California, Inc.", ("Defendant”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production of documents (“RPDs”), set one, on Plaintiff Nico Quiros (“Plaintiff”) on August 17, 2022. Plaintiff's responses were due on or before September 20, 2022. After granting Plaintiff two 30-day extensions on October 19, 2022, and then on November 4, 2022, Plaintiff's counsel fi...

Excerpt: ...(“the Act”), Code of Civil Procedure section 1713, et seq. against Defendants Ling Yandong, and Does 1-50. Plaintiff alleges that the Higher People's Court of Jiangsu Province (Appellate Court) in in the People's Republic of China entered judgment against Defendants Suzhou Dingi and Shanghai Dingjin to pay Plaintiff 50,000,000 yuan, with interest, with Defendant Ling to have joint liability for satisfaction of the judgment. Plaintiff alleges ...

Excerpt: ...D SEVERALLY AGAINST DEFENDANT LIAM HAMBEL AND COUNSEL OF RECORD, TO BE PAID WITHIN 20 DAYS. ANALYSIS: Plaintiffs Pedro Aparicio and Martha Prado (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Liam Hambel and Sabrina Rodin (“Defendants”) on May 23, 2022. Defendants filed an answer on October 7, 2022. On May 4, 2023, Plaintiff Aparicio filed a Motion to Compel Further Responses to Request for Product...