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: ...iffs' title thereto; and DOES 1 through 50, Inclusive, Defendants. Case No.: 22STCV05593 Hearing Date: 12/4/23 Trial Date: N/A [TENTATIVE] RULING RE: Defendant Maria Rosario Villagrana's Demurrer to Second Amended Complaint. Background Plaintiff Laura Gonzalez sues Defendants Maria Rosario Villagrana (individually and as Successor Trustee of the Jose G. Gonzalez Living Trust dated December 18, 2006), Jaime Villagrana (spouse of Maria Villagrana),...

Excerpt: ... filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo's Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The First Amended Complaint was filed on October 22, 2019. Defenda...

Excerpt: ...ntentional Infliction of Emotional Distress · 4th Cause of Action: Violation of California Education Code sections 200, 201, 220 and 260 – Discrimination on the Basis of Disability · 5th Cause of Action: Violation of Equal Protection Clause of the California Constitution · 6th Cause of Action: False Imprisonment · 7th Cause of Action: Violation of Americans with Disability Act · 8th Cause of Action: Violation of California Government Code ...

Excerpt: ...he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disability. Plaintiff alleges Defendant terminated him aft...

Excerpt: ...Defendants City of Los Angeles, County of Los Angeles, Kingsley Project, LLC, SAC-MM Properties LLC for damages arising from a trip and fall on a sidewalk. Trial is currently set for September 24, 2024. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to correct the alleged location of the incident. The motion is unopposed. II. Motion for Leave to File FAC CCP § 473(a)(1) provides, in relevant part: “The court ...

Excerpt: ...strom, et al. T/R: CROSS-COMPLAINANT'S MOTION IS DENIED. CROSS-COMPLAINANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. The Court may allow, in furtherance of justice, and “upon any terms as may be just, an amendment t...

Excerpt: ...tiff) filed this action against defendants Ford Motor Company (FMC), Puente Hills Ford, and Does 1 through 10, alleging causes of action for violation of subdivision (d) of Civil Code section 1793.2, violation of subdivision (b) of Civil Code section 1793.2, violation of subdivision (a)(3) of Civil Code section 1793.2, breach of the implied warranty of merchantability, fraudulent inducement – concealment, negligent repair, violation of Consumer...

Excerpt: ... and Bingwei Guan are ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract case. On October 6, 2023, plaintiff Yuzheng Chen (Plaintiff) filed this action against defendants Longji Guan, Xiuhua Liang, Bingwei Guan (Guan), Yudan Li (Li) (collectively, Defendants), and Does 1 through 4, alleging one cause of action for breach of contract. On November 6, 2023, Defendants Guan an...

Excerpt: ... MOTION TO STRIKE PORTIONS OF PLAINTIFFS' HALLER LLC AND SHAUN TAN'S FIRST AMENDED COMPLAINT AND RELATED CROSS-ACTIONS Background On April 7, 2022, Plaintiff Jayesh Kumar (“Kumar”) filed the instant action against a number of defendants, including the City of Los Angeles (the “City”) (herein, the “Kumar Action”). On June 8, 2023, Kumar filed the operative Third Amended Complaint (“TAC”) in the Kumar Action against the City, Haller...

Excerpt: ...ra Calderas Gomez's (collectively, Plaintiffs) First Amended Complaint (FAC). Defendant placed into issue the second cause of action (COA) for “breach of the implied warranty of habitability.” Defendant was the alleged owner of the property between 2008 to 2021. (FAC par. 6.) Discussion Defendant argued that the second COA for violation of Civil Code section 1942.4 failed to allege sufficient facts and is uncertain. Defendant argued that Plai...

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: ...mplaint alleges causes of action for (1) premises liability and (2) violation of Federal Fair Housing Act. On July 26, 2022, 859 S. Bedford filed a Complaint against Gottlieb in the matter 859 S. Bedford LLC v. Shlomo Gottlieb, et al., Case No. 22STCV24144. On January 6, 2023, the Court issued a minute order in the instant action providing, inter alia, that “[t]he Court finds that the following cases, 22STCV24144 and 22STCV38854, are related wi...

Excerpt: ...ties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition has been received. BACKGROUND On August 8, 2023, Plaintiff Curtis Randolph sued Defendant Bank of America, N.A., and others, asserting causes of action for (1) conversion; (2) unjust enrichment; (3) UCL vi...

Excerpt: ...o lists a motion to strike, no such motion was included in the moving papers, and thus is not considered here. Discussion Defendant argues that Plaintiff has failed to state a claim because: (1) the person who filed the pleading does not have the capacity to sue; (2) the Complaint lacks sufficient facts to state a claim; and (3) the pleadings are uncertain, ambiguous, and or unintelligible. As a preliminary matter, Defendant's memorandum of point...

Excerpt: ...ir against Defendant VOLKSWAGEN SANTA MONICA (VWSM). On October 18, 2023, Defendants filed their demurrers to the Complaint. Defendants argue that the negligent repair claim, cause of action five, is barred by the economic loss rule. LEGAL STANDARD 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 i...

Excerpt: ...s Act. Defendants now move for an order expunging the lis pendens recorded on the subject property. Bhola opposed. The matter first came for hearing on an ex parte basis on October 24, 2023, where it was set for hearing on shortened time. TENTATIVE RULING: Defendants' Application for an Order Expunging Lis Pendens is GRANTED. Moving parties to give notice. DISCUSSION: Application to Expunge Lis Pendens A. Objections to Evidence Defendants have su...

Excerpt: ... BAUS owns, manages and operates a large Buddhist monastery in Carmel, as well as a temple in the Bronx, offers a wide range of programs and has an extensive Internet presence through its website www.baus.org. New York BAUS also has active, registered trademarks for “Buddhist Association of the United States” and for its Chinese name. Defendant The Buddhist Association of the United States (“California BAUS”) was incorporated in Californi...

Excerpt: ...action against Defendant and Does 1- 50 for: 1. Discrimination on the Basis of Participation in Protected Conduct in Violation of Gov. Code § 12940 et seq. 2. Failure to Prevent Discrimination in Violation of California Government Code § 12940(k) 3. Retaliation in Violation of Gov. Code § 12940(h) 4. Wrongful Termination 5. Failure To Pay Minimum Wages And Overtime In Violation of Cal. Labor Code § 204 et seq. 6. Violation of Business & Profe...

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: ...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...

Excerpt: ...as to 1 st and 5 th COAs). Leave to amend is DENIED as Plaintiff has had ample opportunity to amend the complaint(s). Background This case pertains to a foreclosure. Plaintiff Jerome Kern alleges that Defendants “repeatedly mishandled Plaintiff's mortgage. For approximately two and a half years, Defendant Ocwen attempted to collect thousands of dollars in unlawful fees that supposedly accrued when Plaintiff did not even own or occupy the proper...

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: ... 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: ...(“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 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ... Trust RESPONDING PARTY: Defendant Southern California Edison (“SCE”), Edison Power Constructors, Inc. (“EPC”), Tidwell Excavation Acquisition Co. (“Tidwell”) and Hampton-Tedder Electric Company (“Hampton-Tedder”) BACKGROUND This action arises from property damage allegedly caused by a utility company and its contractors. The Howell Family Trust owns the property located at 604 S. Topanga Canyon Boulevard, Topanga, California (the...

Excerpt: ...soz, reached out to Chris Furie (“Furie”), a real estate broker, for assistance in purchasing a property located at 943 N. Laurel Avenue in Los Angeles, California. Instead of assisting Plaintiff with the purchase of 943 N. Laurel Avenue, Furie proposed the purchase of 944 N. Laurel Avenue in Los Angeles, California (“Subject Property”). Furie represented that he and his company, 944 Laurel, LLC (“944 Laurel”), were in the process of ...

Excerpt: ... required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- ...

Excerpt: ...th America, Inc., Ajinomoto Frozen Foods, U.S.A, Inc., and Trader Joe's Company, alleging causes of action for (1) breach of written contract, (2) intentional interference with prospective economic advantage, (3) fraud, (4) negligent misrepresentation, (5) unfair competition, (6) breach of fiduciary duty, (7) aiding and abetting breach of fiduciary duty, (8) violation of California Uniform Trade Secrets Act, and (9) misappropriation of confidenti...

Excerpt: ...judgment. To date, no opposition has been filed. Legal Standard “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c), “requires the trial judge to ...

Excerpt: ... Boualiene Syprasert (“Syprasert”); and Jack Edjourian (“Edjourian”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Chronicpractor Caregiver, Inc. (“CCI”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of a mari...

Excerpt: ...d cause of action for disgorgement. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Hamid Siddiqi's (Plaintiff) claim that Defendant Nick Kazemi dba K Construction (Kazemi) breached a home improvement contract. Plaintiff contends that Kazemi agreed to perform construction work relating to an existing retaining wall and to construct a swimming pool at Plaintiff's residence for a total contra...

Excerpt: ...contract rescission, declaratory relief, unjust enrichment, and wrongful retention of security deposit. Plaintiffs have not filed an opposition to Defendant's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an opposition can be considered a concession that the motion is meritorious. (...

Excerpt: ...Garcia”), a minor by and through his guardian ad litem Gabriela Garcia, (collectively, “Plaintiffs”), filed this action against Defendants Dhoor Gurpreet Singh and Triple Eight Transport Inc. (“Defendants”) for damages arising from a motor vehicle incident. Defendants now move for summary judgment, or alternatively, summary adjudication, against Plaintiff Elizarraras arguing that Plaintiff Elizarraras is now deceased and lacks standing ...

Excerpt: ...�OSSB”), complaining of a twisting injury to the left foot/ankle, where she was treated by Defendant Mark Mikhael, M.D. (“Dr. Mikhael”). Plaintiff alleges that she underwent a series of tests while confined at the hospital and that she underwent treatment of the subject injury until August 6, 2019. Plaintiff alleges that because the injury to her left ankle never resolved, she sought treatment at another facility in the area of her new resi...

Excerpt: ...City of Los Angeles (“Defendant”) for injuries related to Plaintiff's scooter striking a large pothole, causing Plaintiff to fall. Plaintiff sets forth two causes of action for premises liability and general negligence. At this time, Plaintiff seeks leave to file a First Amended Complaint (“FAC”) to set forth an applicable cause of action against Defendant pursuant to Government Code § 835, since Plaintiff's cause of action for general n...

Excerpt: ...t to Government Code § 946.6 shall be foiled with the District no later than January 2, 2024 ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual On June 8, 2023, Plaintiff, Krystal Milian Aguirre (“Plaintiff”) filed a Complaint against Defendant, El Camino Community College District, County of Los Angeles, and DOES 1 through 20. The Complaint alleges causes of action for: (1) Premises Liability; and (2) General Negligence. Plaintiff now brings a Motio...

Excerpt: ...paty, M.D. (“Nuthalapaty”); and Monica Keh (“Keh”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) violation of the Elder/Dependent Abuse Act...

Excerpt: ...akis (“Nico Halekakis”) are brothers and that Nico Halekakis is married to Defendant Megan T. Lorick Halekakis fka Megan T. Lorick (“Megan Halekakis”). The property at issue is located at 10926 Hartsook Street, North Hollywood, CA 91601. Plaintiff alleges that he purchased the property at an auction sale by making a deposit of $36,000 and took title solely in his name. He alleges that he then opened escrow to purchase the property with Me...

Excerpt: ...ssica Caldera, Min Zhou, Nadia Saban, Lily Saban, Arnaud Larousse, and Nima Razfar. Defendants DOE 101 Paola Caldera (“P. Caldera”), DOE 102 Mian Guo erroneously sued as Mian Gvo (“Guo”), DOE 103 Jia Shen (“Shen”), DOE 104 Yunying Li erroneously sued as Yun Ying Li (“Li”), DOE 105 Min Zhou (“Zhou”), DOE 112 Yavuz Ertas (“Ertas”), DOE 113 Nima Razfar (“Nima” or “N. Razfar”), DOE 114 Ali Razfar (“Ali” or “A. Ra...

Excerpt: ...ed” or (2) the complaint or cross-complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (CCP § 438(c).) A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) “A motion for judgmen...

Excerpt: ...ACKGROUND On February 22, 2022, Plaintiff 4467 Woodley Partners, LLC filed a complaint against Allied Insulation, Inc., All-Tech, Inc., Boc Construction, Inc., B.Y. Marble, Inc., Byer Geotechnical Inc., Clark Structural Inspections, Inc., Jaime Diaz D/B/A Greener Days Landscaping, Forma Engineering, Inc., Robert D. Kilgour D/B/A Kilgour Plumbing, Premier Pool Plastering, Rhino Steel, Inc., Speed Of Light, Inc., Tassio Temperature Control, Inc., U...

Excerpt: ... LF Assoc, Inc. dba Keller Williams Realty-Los Feliz (“KW”), Darren Hubert, and Joseph Cloninger is GRANTED. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract, fraud in inducement, negligent misrepresentation, intentional misrepresentation, and negligence. Plaintiffs allege that in December 2020, Plaintiffs...

Excerpt: ...een filed. BACKGROUND: On August 2, 2023, Plaintiffs Martynas Jancius and Inga Irzekeviciute (“Plaintiffs”) filed a complaint against Defendants Mercedes-Benz, USA, LLC, Caliber Motors, Inc., dba Mercedes-Benz of Anaheim (“Defendants”) alleging three causes of action for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Negligent Repair. The complain...

Excerpt: ...employed by the Los Angeles County District Attorney's Office as a Head Deputy District Attorney. In November 2020, George Gascon was elected to the office of the District Attorney. Gascon released directives that substantially changed the way crimes were to be prosecuted. The directives abolished prosecutors' ability to file crimes against juveniles if the crime also qualified as a strike, prohibited prosecutors from charging juveniles for more ...

Excerpt: ...efendants Skyview Capital, LLC, Newnet Communications Technologies, LLC, Newnet Investment Group, Alex Soltani, and Christopher Aye (“Defendants”). The Complaint asserts causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) willful failure to pay wages; (4) quantum meruit; (5) promissory estoppel; (6) conversion; (7) intentional misrepresentation; (8) violation of Labor Code sectio...

Excerpt: ...nced this unlawful detainer action against Defendant Claudia Cota, an individual dba Legal Action Group & Associates, Inc. (“Defendant”). The action involves the properties located at 6400 Laurel Canyon Blvd., Suite 540, in North Hollywood, CA 91606. Plaintiff alleges that on January 5, 2022, Defendant agreed to rent the premises at a monthly rent of $5,418 pursuant to a written agreement with Plaintiff. Pursuant to the lease terms, Defendant...

Excerpt: ...tten lease agreement with lessor Coldwater Court Apartments for the property located at 4526 Coldwater Canyon Avenue, #205, Los Angeles, CA 91604. Alvandian alleges that through a series of transactions, Defendant Select Produce Properties, LLC (“SPP”) and Defendant SPI, LLC (“SPI”) became the present lessors of the property. Alvandian alleges that she and her husband Plaintiff Masoud Ansari currently reside in Unit #205. Plaintiffs alleg...

Excerpt: ... California Rules of Court, Rule 3.1308(a)(1) notice of intent to appear is required. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. “The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may b...

Excerpt: ...igent misrepresentation; (3) Business and Professions Code section 17200; (4) breach of express warranty; (5) breach of implied warranty; (6) Song- Beverly Consumer Warranty Act Civil Code section 1793.2(b). Now, GM demurs to the first, second, and third causes of action of the FAC. GM also moves to strike Plaintiff's prayer for punitive damages. Discussion GM argues that Plaintiff has not alleged any facts which could support the claims sounding...

Excerpt: ...he Court directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: J...

Excerpt: ...overned by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives contain...

Excerpt: ...gent Hiring, Supervision, and/or Retention; (2) Survival – Negligent Hiring, Supervision, and/or Retention; (3) Wrongful Death – Negligence; (4) Survival – Negligence; and (5) Elder Abuse. Plaintiff alleges her mother, Joyce Soronow, was a resident of Sunshine's Place, II. While under Sunshine's care, Plaintiff alleges failed to provide for her basic needs, caused a lapse in her care, and inflicted terrible pain and suffering that caused Jo...

Excerpt: ... or reply has been filed. BACKGROUND: On January 11, 2023, Plaintiffs filed a complaint against Defendant. The complaint alleged one cause of action for Violation of Song-Beverly Act – Breach of Express Warranty. Plaintiffs entered a warranty contract with Defendant FCA US LLC regarding a Jeep Cherokee. However, the Subject Vehicle contact defects and nonconformities during the express warranty period. After delivering the Subject Vehicle to an...

Excerpt: ...nt”) as tenant for the property located at 6206 Teesdale Ave., North Hollywood, CA 91606. The duration of the lease was from June 1, 2020 to May 31, 2022. Plaintiff alleges that she delivered possession of the property pursuant to the lease and Defendant was subsequently evicted from the property. Plaintiff alleges that on December 16, 2021, a stipulated judgment – unlawful detainer was entered in LASC Case No. 21PDUD00986 in favor of Plainti...

Excerpt: ...arrera, Jr., and non-party Sadia Gomez-Rosas are alleged to be the daughters and son of Esperanza Barrera, deceased (“Decedent”). Decedent is alleged to be the trustee of the Barrera Family Trust Agreement Dated October 3rd, 1996 (“Barrera Family Trust”) and Sadia Gomez-Rosas is alleged to be the successor trustee to Decedent. Plaintiff alleges that in her capacity as trustee, Decedent entered into a contract to sell 2309 N. Naomi Street,...

Excerpt: ...aud. Plaintiff alleges that the parties entered into a settlement agreement in August 2019. (Compl. ¶ 8, Ex. 1.) Defendants allegedly breached the agreement's confidentiality provision by disclosing the settlement without Plaintiff's consent during a trial of a previous case between the parties (LC107612). (Id., ¶ 15.) The breach allegedly contributed to Defendants' victory in the prior trial and cost Plaintiff the opportunity to sell his inter...

Excerpt: ...ntractual Arbitration Award against Respondents Special Effects Unlimited, Inc. dba Special Effects Unlimited (“Special Effects”) and Pamela Elliot (“Elliot”). According to the petition, the parties entered into a written Future Receipts Sales Agreement on August 8, 2022, which included an arbitration provision at section 10. (Pet., Attachment 4(b).) The underlying dispute was based on Respondents' alleged breach of the agreement whereby ...

Excerpt: ...eging that defendants and co-conspirators MICHAEL SCHNEIDER, LOUIE CASTRO, and ZAKARI KURTZ (“defendants”), locked Plaintiff out of the Internet business selling sneakers, which he founded. After Plaintiff dismissed Defendants Castro and Kurtz, Plaintiff and Defendant Schneider proceeded to binding arbitration. Plaintiff (“Petitioner”) has filed a petition to confirm an arbitration award, on grounds including these: 1) Petitioner should n...

Excerpt: ...Order From Relief From Claim Statute” (the “Petition”) in this action against the County of Los Angeles (“County”) and the Los Angeles County Sheriff's Department, (jointly “Respondents”). Petitioner sought an order “granting the Petitioner's requested relief herein from the provisions of ¿Cal Gov. Code § 945.6¿.” (See May 2, 2022 Order.) The County opposed. On May 2, 2022, the Court issued an Order denying the petition. Ther...

Excerpt: ...tiff Jason Steger Motion to Augment and Substitute Defendant Olympus America, Inc. “Joinder” filed by Defendants John A. Kasher, M.D. and James Kao, M.D. RELIEF REQUESTED: Motions to Dismiss Order dismissing action pursuant to CCP sections 583.310 and 583.360. Motion to Augment and Substitute Order permitting plaintiff to augment and substitute list of designated experts and extend date to complete expert deposition of Dr. Tawhid Gazi pending...

Excerpt: ...unfair business practices; (3) constructive discharge; and (4- 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contractor. Desai init...

Excerpt: ...nation, harassment, retaliation, failure to provide reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, breach of contract, negligent hiring, wrongful termination, and intentional infliction of emotional distress. Plaintiff alleges that she was employed at EWB Bank (“EWB”). Plaintiff was diagnosed with Hodgkin's Lymphoma in October 2017 and went on disability leave to receive treatment. I...

Excerpt: ...ithout leave to amend. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breaches of covenants, conditions, and restrictions; enforcement of equitable servitudes; private nuisance; an accounting; breach of fiduciary duty; and elder abuse arising from a burst pipe which damaged Plaintiffs' residence. Plaintiffs allege that a water...

Excerpt: ...located at 11365 Ventura Blvd., Studio City, CA 91604 (“Plaintiff's Property”). He alleges that Defendant Beacon Management, Inc. (“Beacon”) is a property management company which managed, maintained, and controlled the real property located at 11331-11337 Ventura Blvd., Studio City, CA 91604 (“Subject Property”). Plaintiff alleges that Defendant Alpha Structural, Inc. (“Alpha”) is a construction contractor that was contracted by ...

Excerpt: ...NTED. (2) OSC re dismissal for failure to file proof of service on Defendant set for February 9, 2024, 8:30 a.m. ¿¿ ¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On January 10, 2023, Plaintiff, Neil Arnold Paredes (“Plaintiff”) filed a Complaint against Defendant, Shina Alani Adebayo and DOES 1 through 50. The Complaint alleges causes of action for Motor Vehicle Negligence and General Negligence. On September 19, 2023, this Court, having given n...

Excerpt: ...ative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Arya Youabian (“Plaintiff”) brings...

Excerpt: ... of documents served on the custodian of records for Bank of the West (BMO Harris Bank, NA) c/o CT Corporation System, located at 330 N. Brand Blvd., Suite 700, Glendale, CA 91203, is denied. Allstate is directed to submit a protective order to the Court. The Court declines Healthcare Financial Solutions, LLC's request to award sanctions. Third‐Party Witness Healthcare Financial Solutions, LLC's motion to quash Plaintiff People of the State of ...

Excerpt: ...nt in the amount of $2,922.22 or any other amount the Court deems just. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Marcos Frias Solis' (Plaintiff) purchase of a 2019 Chevrolet Silverado (the Vehicle) on 6/2/19. Plaintiff contends he has presented the Vehicle to Defendant General Motors LLC's (Defendant) authorized facilities on multiple occasions for repair of defect...

Excerpt: ...sonal service on Walters, at an address in Los Angeles, of the summons, complaint, and other documents on November 28, 2022. On January 12, 2023, Plaintiff filed a proof of service showing personal service on Walters, at an address in Los Angeles, of a statement of damages on January 8, 2023. On February 23, 2023, the clerk entered Walters's default. On March 26, 2023, Plaintiff filed another proof of service showing service on Walters of the sum...

Excerpt: ... Plaintiff J&C Global Holdings, Inc. shall file evidence that it is an active corporation in good standing within thirty (30) days of entry of this order, or Plaintiff's complaint will be dismissed, and its default will be entered as to Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC dba HB Securities, LLC, NMS Capital Group, LLC, and BDMGMT Partners, LLC's cross-complaint. Defendants NMS Fin Holdings, LLC, NMS Capital Advisors, LLC d...

Excerpt: ...otion for an Order that Requests be Deemed Admitted Against is Mooted by the service of verified responses to the 20 RFAs at issue prior to the hearing (2) Request for Sanctions is GRANTED in the amount of $1,500, payable to Plaintiffs' counsel within 30 days. The sanctions are jointly payable by Defendant Preda and his counsel. I. BACKGROUND¿ ¿ A. Factual¿ On April 10, 2023, Plaintiffs, Manuel Serrano and Bertha Serrano (collectively “Plain...

Excerpt: ...Wine Warehouse(“Warehouse”) as Doe 1. On January 4, 2023, Warehouse filed an answer. On June 27, 2023, Plaintiff filed a motion to compel Warehouse's responses to special interrogatories, set one, and for sanctions, to be heard on November 30, 2023. On November 16, 2023, Warehouse filed an opposition. On November 20, 2023, Plaintiff filed a response to the opposition. Trial is currently scheduled for April 10, 2024. PARTIES' REQUESTS Plaintif...

Excerpt: ...for damages arising from a motor vehicle incident. At this time, Defendant moves for an order compelling Plaintiff to appear for a mental examination with Charles Hinkin, Ph.D., (“Dr. Hinkin”) at 921 Westwood Blvd., Ste. 208, Los Angeles, CA 90024 at 9:00 a.m. Plaintiff opposes the motion, and Defendant filed a reply. Plaintiff does not dispute the necessity of a mental examination and has agreed to submit to a neuropsychological examination ...

Excerpt: ... with Defendant Knarik Margaryan (“Margaryan”) who was negligently operating a vehicle owned by Defendants Margaryan and Artur Hovsepyan (“Hovsepyan”). Plaintiff alleges that Plaintiff was injured and sustained damages as a result of the incident. The complaint, filed June 1, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On November 3, 2023, Plaintiff filed a motion to compel Hovs...

Excerpt: ...RROGATORIES— EMPLOYMENT (SET ONE) AND REQUEST FOR SANCTIONS (4) MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES— GENERAL (SET ONE); REQUEST FOR SANCTIONS MONETARY SANCTIONS Moving Party: Plaintiff Jessica Scimeca Responding Party: None as of November 29, 2023 Proof of service timely filed (CRC 3.1300(c)): OK Correct Address (CCP §§ 1013, 1013(a)): OK 16/+2 court day lapse (eservice) (CCP §1005): OK RELIEF REQUESTED: ...

Excerpt: ...on is granted in part. Defendant is to serve responses to the standard interrogatories with any updated information from post-2015 and post-2019. If there is no updated information, Defendant is to serve verified responses stating there is no updated information. Special Interrogatories No. 4: Granted. This is a typical contention interrogatory. If an answer to an interrogatory would necessitate the preparation of a compilation or summary of docu...

Excerpt: ... itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable ...

Excerpt: ...ing, LLC dba The Counter Custom Burger #32014 (“The Counter”) and Defendant Shay Production, Inc. (“Shay”). He alleges that on May 9, 2022, Shay hired him to work as an assistant general manager at The Counter and was offered $60,000 a year upon being hired by general manager Alix Lee and owner/Defendant Sherri Homayounian (“Homayounian”). Plaintiff alleges that when he first began working at The Counter, he got along with Homayounian...

Excerpt: ...n the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Topa Insurance Company (“P...

Excerpt: ...rly statute. Plaintiff's claims arise from his purchase of a 2022 Chevrolet Bolt EUV (Vehicle). Legal Standard “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to...

Excerpt: ...ndants' Motion to Strike is MOOTED ¿¿ I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On May 18, 2023, Plaintiff, Rebecca Alvarez (“Plaintiff”) filed a Complaint against Defendant, General Motors, LLC, and DOES 1 through 10. On September 1, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(...