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: ... for injuries arising from Plamtifffalling off a ladder. Plamtiff filed an amendment to complaint naming Shahe Terjimanian as Doe 1, At this time, Plaintiff seek leave to file a First Amended Complaint ("PAC") to add a third cause of action for Uninsured Employer & Negligence Pursuant to California labor Code 3700 & 3706, and fourth cause of action for negligence per se, in addition to seeking damages. Anahid Terjlmanian and Shahe Terjimanian ("D...

Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...

Excerpt: ...LAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. PLAINTIFFS 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. BACKGROUND On August 1, 2022, Plaintiffs Zia Abhari and Donya Entertainment, Inc. sued Defendants Farmer...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of contract related to renovation defects. The Complaint alleges as follows: Plaintiff Daniel Chu (“Plaintiff”) purchased a home (the “Subject Property”) from Defendant GRCA2 (“GRCA2”) in 2014 pursuant to a Residential Purchase Agreement (“RPA”). (Compl. ¶ 9.) GRCA2 and Defendant Gerry Wiener (“Wiener” and together with GRCA2, “Movants”) assured Plaintiff that the work done...

Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...

Excerpt: ...'s motion for summary judgment. On March 18, 2024, Plaintiff filed a motion for leave to file the First Amended Complaint. No opposition has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is h eard if the amended pl...

Excerpt: ...plainant Jeremy Wizman Notice: OK Ruling: Plaintiffs' Motion for Leave to Augment Expert Witness Reports is DENIED. Defendants' Request for Discovery Sanctions is GRANTED BACKGROUND Plaintiffs and Defendants are adjoining landowners. Plaintiffs allege Defendants undertook a significant renovation project on their property that was unpermitted and done without engineering calculations, rendering the entirety of the work illegal and dangerous. Plai...

Excerpt: ...23, Defendant Ralphs Grocery Company (erroneously sued as “Ralphs Grocery Company, a Corporation”) filed its answer. On July 28, 2023, Yen filed his answer. On March 22, 2024, Ralphs filed the instant motion. On April 4, 2024, Plaintiff filed her opposition. On April 11, 2024, Ralphs filed its reply. Legal Standard Generally, a party must file a cross -complaint against any of the parties who filed the complaint or cross - complaint against h...

Excerpt: ...t rather than in person due to the COVID -19 pandemic. Plaintiff Delia Alvino seeks leave to file a first amended complaint. Plaintiff states that “[t]he proposed FAC differs from the Complaint in three primary aspects. First, the FAC adds Plaintiff's husband, Alfred Alvino, as a plaintiff. Defendants Sunrun Inc. and Sunrun Installation Services Inc. (collectively, ‘Sunrun') prompted the addition of Mr. Alvino to this case by way of Sunrun's ...

Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...

Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...

Excerpt: ...tively awards $35,000 in sanctions / civil contempt, plus $2,100 in attorneys fees, as indicated below . I. BACKGROUND ¿¿¿ ¿¿¿ A. Factual¿¿¿ This lawsuit is based on Plaintiffs alleged suffering years of mistreatment at the hands of their uphill -neighbor in Rolling Hills, Nourit Korzennik, Korzennik's alleged misconduct towards the Nakamuras included, but was not limited to: spitting on Mrs. Na kamura; mooning Mrs. Nakamura and her fami...

Excerpt: ... and twenty-third affirmative defenses. The motion is moot as to the twenty -first and twenty -fifth affirmative defenses, and is denied as to the remaining affirmative defenses. On October 4, 2021, Plaintiffs Robert Drummond and Robert Drummond, MD, PHD, P.C. filed the operative Complaint against Defendant General Motors, LLC (Defendant GM) and Symes Cadillac, Inc. for (1) breach of express warranty under Song -Beverly Act, (2) bre ach of implie...

Excerpt: ...ase and sale agreement for real property in South Carolina. The seller, Plaintiff EMRES II South Carolina, LLC (“Plaintiff”) has sought liquidated damages from purchaser, Defendant Spain Companies, LLC (“Defendant”) pursuant to the terms of the agreement. Plaintiff now moves for summary judgment. Plaintiff's motion is unopposed. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of p...

Excerpt: ...ff is awarded judgment for possession of the property and $165,000 in holdover damages plus costs. BACKGROUND On August 20, 2021, plaintiff Adrienne L. Spruth filed an unlawful detainer complaint against Mark J. Spruth based on tenancy at will and a 30- day notice to quit as to property at 26202 Grayslake Road, Rancho Palos Verdes. On October 8, 2021, the court denied defendant's motion to quash service of summons. On December 17, 2021, the court...

Excerpt: ...TS' MOTION FOR SUMMARY ADJUDICATION AS TO ALL ISSUES ARE DENIED. DEFENDANT 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 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental briefs. [1] BACKGROUND On November 10, 2022, Plaintiff Sajith Weerasignhe sued Defenda...

Excerpt: ...opposed motion for summary judgment, filed on December 15, 2023. No opposition has been filed as of the time of posting this tentative. Defendant Lincoln moves for summary judgment on the grounds that: (1) it did not owe Plaintiff a duty to warn or fix the alleged dangerous condition, (2) the alleged dangerous condition was open and obvious and (3) it was not necessary for Plaint iff to encounter the alleged dangerous condition. The motion for su...

Excerpt: ...al malpractice action. On September 7, 2021, plaintiff Jennifer Alcox, individually and as successor in interest to decedent Yvonne Alcox (Plaintiff), filed this action. On September 14, 2023, Plaintiff filed the operative Second Amended Com plaint against defendants Emanate Health Medical Center dba Queen of the Valley Hospital (Queen of the Valley), Augen Batou, D.O. (Dr. Batou), Adel Sandouk, M.D. (Dr. Sandouk), and Does 1 through 100, allegin...

Excerpt: ...o 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 March 18, 2021, Plaintiff D&M Restaurant Group, Inc. filed the operative First Amended Complaint for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff's primary allegations are as follows. Plaintiff owned a s...

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: ...is action against defendant George Anderson and Does 1 to 50 for damages arising from a motor vehicle collision. Plaintiff filed an amendment to complaint naming Karo Vartanian as Doe 1. George Anderson and Karo Vartanian (“Defendants”) now move for evidentiary and issue sanctions against Plaintiff for failing to appear for neurological examination in violation of the Court's October 26, 2023 Order. On October 26, 2023, the Court ordered P la...

Excerpt: ...lick and Alfred Garcia filed their Complaint against Defendant City of Los Angeles on causes of action for discrimination and retaliation, both in violation of the Fair Employment and Housing Act (“FEHA”). From July 5 to 12, 2023, the Court held a jury trial in this matter. The Jury found in favor of both Plaintiffs and against Defendant on both causes of action. For Plaintiff Stephen Glick, the Jury found $8,621,358.00 in damages, which cons...

Excerpt: ...n as to each of Plaintiff's causes of action. The Court DENIES Freshman's motion for summary judgment. The Court DENIES Freshman's motion for summary adjudication. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, asbestos exposure, and inadequate flooring and soundproofing, ...

Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...

Excerpt: ...ULING The application for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on com parative negligence or comparative fault against Avis Budget Car Rental LLC be and are dismissed with prejudice. Any...

Excerpt: ... causes of action arising from Plaintiff's employment with Defendants. On May 5, 2023, Plaintiff filed his First Amended Complaint. On November 9, 2023, the Court deemed admitted certain requests for admission (“RFAs”). On March 20, 2024, Defendant Edgebanding Services, Inc. (“Defendant”) filed its Application for Relief from November 9, 2023 Order Granting Plaintiff's Motion to Deem Requests for Admissions Admitted (“Motion for Relief ...

Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...

Excerpt: ...read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ABLT filed the Complaint against Defendants National, Kindt, and Gleich, on January 8, 2024, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which they leased the Vehicle from ABLT's assignor. Defend...

Excerpt: ...d and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendants National, Kindt, and Gleich, on December 4, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which Bank's assignor would finance the purchase of the Vehi...

Excerpt: ...d April 11, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Creditors Adjustment Bureau, Inc.'s (“Plaintiff”) claim that Defendant Edgar J. Guttierrez (“Defendant”) owes an outstanding sum of $16,505.58 for credit card charges and $9,903.83 for a line of credit. Plaintiff filed this complaint on September 11, 2023, alleging one cause of action for breach of contract. TENTATI...

Excerpt: ... an offer of proof if so. Background Plaintiff Flossie C. Parungao (“Plaintiff”) alleges as follows: Plaintiff and Wilfred T. Co aka Winnifredo T. Co (“Co”) are siblings. In June 2004, Plaintiff located and negotiated the purchase of the property located at 302 S. Loraine Ave., Glendora, California 91741 (“Property”) to serve as her residence. Co offered to assist Plaintiff with the purchase of the subject property. Plaintiff and Co a...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a family business dispute. On November 15, 2023, plaintiffs Jesse Hirezi (Jesse), an individual and as Trustee of the J & R Hirezi Family Trust of April 20, 2015, Randa Hirezi (Randa), an individual and as Trustee of the J & R Hirezi Family Trust o f April 20, 2015 (collectively, Plaintiffs) filed this action against defendants Hanna Bishara ...

Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...

Excerpt: ...ick and Alfred Garcia filed their Complaint against Defendant City of Los Angeles on causes of action for discrimination and retaliation, both in violation of the Fair Employment and Housing Act (“FEHA”). From July 5 to 12, 2023, the Court held a jury trial in this matter. The Jury found in favor of both Plaintiffs and against Defendant on both causes of action. For Plaintiff Stephen Glick, the Jury found $8,621,358.00 in damages, which consi...

Excerpt: ... 4th Cause of Action for Negligent Hiring, Supervision, and Retention · 5th Cause of Action for Breach of Mandatory Duty RULING : Demurrer is sustained with leave to amend SUMMARY OF ACTION Plaintiff Arif Marwan Halaby (Plaintiff) alleges that on March 14, 2022, a teacher at a Defendant Los Angeles Unified School District (Defendant) middle school verbally assaulted Plaintiff and then physically assaulted him by grabbing Plaintiff by his neck . ...

Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...

Excerpt: ... Complaint [CRS# 2143]; Plaintiff Jinwoo Park's Motion to Request the State Bar for Defendant Keith Kim's Residence Address; and Plaintiff Jinwoo Park's Motion to Request Appointment of Attorney. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, and State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is...

Excerpt: ...pposition, and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's first amended complaint (the “FAC”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, an...

Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...

Excerpt: ...024 I. INTRODUCTION On July 5, 2024, plaintiff Anahid Minaskanian (“Plaintiff”), individually and as successor-in-interest of Lida Zohrabians (“Zohrabians”), filed this action against defendants Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital (“Facility”) (erroneously sued a\ s “Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital\ - Glendale” and “Chestnut Ridge Pos...

Excerpt: ...Family 2000 Living Trust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler F...

Excerpt: ...s portions of the (First) Amended Complaint relating to punitive damages. RULING : The demurrer is sustained and the motion to strike is granted, both, without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of...

Excerpt: ...real property after being the highest bidder at a Trustee's foreclosure sale on September 8 , 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, en joining any non -judicial foreclosure action against the property. It is further alleged that on Octob...

Excerpt: ... Documentary Evidence OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Waukeen McCoy 3. Declaration of Vinay Ginjupalli 4. Declaration of Marilyn E. McCullum 5. Separate Statement of Disputed Material Facts 6. Objections to Evidence REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Peri...

Excerpt: ...ff Albert Agdaian owned certain real property at 7373 Perigord Court, Tujunga. The common areas were managed by homeowner association Defendant Renaissance Maintenance Corp. In March 2022, sold the residence. Upon the close of escrow, $67,153 was pa id to Defendant homeowner association for purported landscape repairs. Plaintiff contends no repairs were actually completed, and challenges the reasonableness of the amount. On July 12, 2022, Plainti...

Excerpt: ...e, Defendant's request is unnecessary and the Court declines to rule on the request. Legal Standard The purpose of a motion for summary judgment or summary adjudication “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 Procedu...

Excerpt: ...ions of Plaintiff's Complaint: 1. Portions of paragraph 32 of Plaintiff's Complaint as set forth below: "so as to justify an award of punitive damages against Defendants in an amount according to proof," 2. Portions of paragraph 37 of Plaintiff's Complaint as set forth below: "so as to justify an award of exemplary or punitive damages against Defendants in an amount according to proof at trial." 3. Portions of paragraph 45 of Plai...

Excerpt: ... 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.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the c...

Excerpt: ...S# 2043]; and Specially Appearing Defendant Derek Khanna's Demurrer to First Amended Complaint for [Failure to] State a Claim [CRS# 4188]. I. Background A. Initial Pleading On November 15, 2023, Plaintiff Erin Joyce, dba Erin Joyce Law, sued Defendants Derek Khanna, and Does 1 to 100 pursuant to a Complaint alleging claims of (1) Breach of Contract, (2) Quantum Meruit, and (3) Common Count: Services Provided. On November 18, 2023, service of the ...

Excerpt: ...a Melo for (1) general negligence and (2) premises liability. On August 29, 2023, default was entered against Lucia Melo and Maria Rosario Castro. On September 13, 2023, Plaintiffs filed a POS as to Estate of Manuel Castro, sued herein as DOE 1. [1] On September 14, 2023, Plaintiffs filed a notice of lis pendens. On October 19, 2023, the court issued the following minute order during the CMC hearing: “The Court informs the Defendant, Maria Rosa...

Excerpt: ... First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual ...

Excerpt: ...e NOTICE: ok¿¿¿ RELIEF REQUESTED: An order of this Court vacating the Default entered on August 18, 2023, against Defendant Appel. TENTATIVE RULING: The motion is GRANTED. BACKGROUND On April 23, 2021, Plaintiff Lucy Holdings, LLC (“Plaintiff” or “Lucy Holdings”) filed its original complaint in this action alleging a cause of action for declaratory relief/quiet title against Defendants Krupe Industries, Inc. (“Krupe”) and Witkin & ...

Excerpt: ... default entered on 1/19/23 because the motion was untimely under Code of Civil Procedure Section 473(b). The Court entered the default judgment against Defendant on 3/19/24. The Court then de nied Defendant's ex parte application to set the default judgment and entry of default. Defendant now brings a noticed motion to set aside the default judgment and entry of default pursuant to Code of Civil Procedure Sections 473(d) and 473.5, as well as th...

Excerpt: ...in accordance with the local rules and requirements. As set for more fully in the moving papers, the facts giving rise to this motion support the relief sought. This motion is based on the Notice, the Memorandum of Points and Authorities and Declaration of Cecilia D. Torello, the Request for Judicial Notice, the papers and pleadings on file in this matter, and on such other oral and documentary evidence as may be presented in support of this moti...

Excerpt: ...rious rental properties regarding alleged violations of the Investigative Consumer Reporting Agencies Act (ICRAA). On February 14, 2023, Plaintiffs [1], Or Vardi (“Vardi”), Joseph Shuetz (“Shuetz”), Chaninthon Thammasan (“Thammasan”), and Stephanie Steiner (“Steiner”), filed a Complaint, against Defendants, Equity Residential Management, LLC (“ERM”) and TransUnion Rental Screening Solutions, Inc. (sued a s Doe 1, hereafter, �...

Excerpt: ...nificant damage to their home. Plaintiffs had an insurance policy with and contacted their insurer, Defendant Amguard (erroneously sued as Berkshire Hathaway Guard) ("Defendant"), regarding coverage for their covered losses in their home. After reporting their claim, Plaintiffs waited nearly three months to receive a payment of $83,087.99. (FAC, 15.) However, Plaintiffs' estimates were much higher, including one from Westland Contract...

Excerpt: ...ed as Costco Wholesale) (“Costco”) and “Manager Cesar” filed an answer. On August 26, 2022, Plaintiff filed a “Notice of Errata to Correct Entity Name,” stating that the correct name of “Manager Cesar” is in fact Cesar Amaral. On September 1, 2022, Cesar Amaral (erroneously sued as Manager Cesar) filed an answer. On April 3, 2023, Plaintiff filed a request for dismissal as to Cesar Amaral/Manager Cesar only. On March 8, 2024, Cost...

Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...

Excerpt: ...defendant Kia Motors America, Inc. (“Defendant”). The FAC asserted six causes of action for (1) Violation of Subdivision (D) of Civil Code Section 1793.2; (2) Violation of Subdivision (B) of Civil Code Section 1793.2; (3) Violation of Subdivision (A)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty; (5) Breach of the Implied Warranty of Merchantability; and (6) Fraud by Omission. On June 1, 2023, at the conclusion of a ...

Excerpt: ...ers. No opposition was filed. RULING The motion is GRANTED. The dismissal entered on July 9, 2019 is set aside and vacated. Judgment is entered in the amount of $31,446.82 in favor of plaintiff and against defendant. See judgment. BACKGROUND On March 11, 2019, American Express National Bank filed a complaint against Leon Thompson aka Leon Thomspon Jr for common counts. On July 9, 2019, the parties stipulated and the court ordered that the case be...

Excerpt: ...c., Mercedes- Benz Financial Services, and Daimler Trust, and (2) Defendant Mercedes-Benz USA, LLC Motion to Withdraw from Arbitration and Proceed in Court The court considered the moving and reply papers filed in connection with this motion. The court did not consider the opposition papers filed by defendants Calstar Motors Inc., Mercedes-Benz Financial Services, and Daimler Trust because those papers were not served on plaintiffs Steven Trinh a...

Excerpt: ...5.16(c), for an award of attorneys' fees and costs against Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz jointly and severally in the amount of $7,042.81. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Ze...

Excerpt: ...amages Awarded $8,000 Costs $504 Attorney Fees Awarded $570 Total $9,074 This is an action for violations of the Unruh Civil Rights Act. Plaintiff alleges that he is blind and was denied the full use and enjoyment of Defendant's website due to accessibility barriers on the website. These barriers deterred Plaintiff from visitin g Defendant's restaurant. 10/13/2023 Default Entered 4/12/2024 Doe Dismissal Entered Analysis: Items 4 -6 of form CIV -1...

Excerpt: .... The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Shaw commenced this action on August 23, 2023, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Shaw was a police officer with LAPD for approximately 19 years. He was accused of using anabolic steroids and engaging in a ...

Excerpt: ...rt Rico and Lawrence Hanna, both of whom are attorneys with managerial roles for the Police Protective League. Plaintiff alleg es that Defendants published defamatory statements accusing Plaintiff of ethical and professional wrongdoings in relation to Plaintiff's representation of a Los Angeles police officer. Plaintiff brings claims against each defendant for libel per se and interference with economic relationship. On January 1, 2024, Defendant...

Excerpt: ...fendant Barbara Medovoy (Defendant)) filed an unlawful detainer action against Plaintiff Prince Gerard Mahboubian (Plaintiff) in 2022. That case resulted in a default judgment in Defendant's favor against Plaintiff. Plaintiff was lock ed out of the premises. Subsequent to that case, Plaintiff in the current case filed a complaint against Defendant for breach of contract and wrongful eviction in December 2022. Defendant filed an anti -SLAPP motion...

Excerpt: ... 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. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, o...

Excerpt: ...ven the fact that both parties appear to have engaged in host of litigation conduct disproportionate to the limited civil jurisdictio nal amount in controversy I. BACKGROUN D A. Factual On September 10, 2021, Plaintiff, Sebastian Medvei (“Plaintiff”) filed a Complaint against Defendant, Dominque Nikko Westmoreland, and DOES 1 through 100. The Complaint alleges a cause of action for Malicious Prosecution. Plaintiff, as a lawyer of Medvei Law G...

Excerpt: ... property arising out of an accident occurring on July 18, 2020. On May 25, 2022, Defendant C.R. England, Inc. and Roland Wilkinson filed a cross - complaint against California Department of Transportation and Christopher Huynh Le for (1) equitable indemnity, (2) apportionment and contribution, and (3) declaratory relief. On October 13, 2022, an amendment to the cross-complaint was filed adding Guy F. Atkinson Construction, LLC as Roe 1. On March...

Excerpt: ...s continued to fail to produce a PMQ for several issues, and has also failed to produce all required documents. The Court noted that the parties had additional depositions scheduled and continued the hearing date from 4/04/24 to 4/18/24 in the hopes that the parties could resolve all outstanding issues without the need for further law and motion practice. On 4/12/24, the parties filed timely briefs concerning outstanding issues. 2. Outstanding Is...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. This is a commercial unlawful detainer action. The Court granted Plaintiff HE&E Triggs LLC's motion for summary judgment and entered judgment in favor of Plaintiff. Plaintiff now seeks an award of attorney's fees. TENTATIV...

Excerpt: ...ng from an automobile collision. Defendant Cody Yaraghchi, erroneously sued and served as Cody Araghachi, (“Yaraghchi”) now moves for terminating sanctions against Plaintiff Grey to dismiss her action on the grounds that she failed to abide by the Court's September 19, 2023 Order to appea r for her deposition. Defendants Uber Technologies, Inc., Rasier, LLC and Rasier -CA, LLC (“Uber Defendants”) join the motion. Plaintiff Grey opposes Ya...

Excerpt: ...ain orders Plaintiff to provide verified responses, without objections, to Defendant's Requests for Production of Documents, Set One, and Form Interrogator ies, Set One, within 20 days of the Court's order. Defendant is ordered to give notice of the Court's ruling within five calendar days of this order and file proof of service of the same. BACKGROUND This is a business dispute case. On May 17, 2022, plaintiff California Home Solar Technology, I...

Excerpt: ...Sorum is DENIED as to compensatory damages and GRANTED as to punitive damages. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, retaliation, wrongful termination, intentional infliction of emotional distress, and Labor Code violations. Plaintiff alleges she was employed by Regus Management Group, LLC between January 2018 and December 20 19. Plaintiff alleges that members of Defendants' executive tea...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. IF ALL PARTIES SUBMIT ON THE TENTATIVE RULING, THE COURT WILL CONTINUE THE CASE MANAGEMENT CONFERENCE TO JUNE 28, 2024 AT 8:30, AND NO APPEARANCE WILL BE REQUIRED FOR THE APRIL 18, 2024 CASE MANAGEMENT CONFERENCE. TENTATIVE...

Excerpt: ...Plaintiff”) was hired as a Residential Assistant Community Manager with Decron Properties Corp. (“Decron”). Pursuant to her employment, Pasquini lived and worked at the Ascent Apartments, which is owned by Villa Cezanne Apartments (“VCA”). Pasquini reported to Senior Community Manager Robin Sidenstecker (“Sidenstecker”) and Director Gino Cesario (“ Cesario”). David Nagel is the CEO of Decron. Decron and VCA are joint employers. ...

Excerpt: ...while Plaintiff was visiting a guest at Defendant's premises, she sat on a bench, the bench collapsed, and she sustained injuries as a result. On March 30, 2022, ESAP filed its answer. On July 21, 2022, Plaintiff amended the complaint to name ESH Hospitality, Inc., as Doe 1. On September 19, 2022, Defendant ESA Management, LLC (“ESAM”), erroneously sued as Extended Stay America, Inc. and ESH Hospitality, Inc., filed its answer. On June 12, 20...

Excerpt: ...y Lee Smithers ("Defendants") for damages arising from a motor vehicle collision. Defendants now move to compel the deposition of non-party Gagandeep Singh ("Singh"), who is the person most knowledgeable ("PMC) at Diamond Sea, Inc. Defendants asserts they served Singh with a valid deposition subpoena that required Singh to appear for his deposition on November 29, 2023, but Singh did not appear for his deposition. The motion is unopposed. 11. MOT...

Excerpt: ... Code §54. RELIEF REQUESTED Plaintiff, Orlando Price, moves this Court for an order compelling the deposition of Defendant's Person(s) Most Qualified for Los Angeles County Metropolitan Transportation Authority re: ADA Compliance Pursuant to CCP §2025.010 et seq and 2025.230 et seq. and request for production of documents as specified in Plaintiff's deposition notice. PROCEDURAL Moving Party: Plaintiff, Orlando Price Responding Party: Defendant...

Excerpt: ...fendants E*TRADE Securities LLC and John Edward Bersin's Motion to Compel Arbitration is GRANTED and the present action is STAYED pending the completion of arbitration. Defendants E*TRADE Securities LLC and John Edward Bersin's Demurrer to Plaintiffs' Complaint is DEEMED MOOT. Proceedings on Defendant Bank of America, N.A.'s Demurrer to Plaintiff's Complaint are STAYED pending completion of arbitration. BACKGROUND On November 17, 2023, Plaintiffs...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant attorneys committed legal malpractice and abandoned Plaintiff as a client in the underlying Case. On March 6, 2024, the Court ordered the Complaint dismissed with prejudice as to Defendant ...

Excerpt: ...es are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that n...

Excerpt: ... MOTION TO COMPEL DISCOVERY FOR INCLUSION IN THE ADMINISTRATIVE RECORD IS GRANTED IN PART. PETITIONER 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. “If, after service of a deposition notice, a party to the action … w...

Excerpt: ...tive responses on 4/05/24, the same day he filed his opposition to the motion. The motion is therefore substantively moot. The only remaining issue is whether the Court should impose sanctions. Defendant argues sanctions should not be imposed because (a) Plaintiffs filed a motion to compel responses, as opposed to a motion to compel further responses, and (b) Defendant acted with substantial justification. Defendant's first argument is that Plain...

Excerpt: ...ainst Ara Tovmassian, and Request for Monetary Sanctions Against Defendant Ara Tovmassian in the Amount of $850.00. I. Background A. Pleadings Plaintiff Jonathan Neil & Associates, Inc. sues Defendants Healing Hands Care, Inc., a California Corporation, Ara Tovmassian aka Ara Mesrop Tovmassian, and Does 1 through 50 pursuant to an August 28, 2023, Complaint alleging ten breach of contract claims. B. Motion Before the Court On January 2, 2024, Pla...

Excerpt: ... AMCO Insurance Company (“AMCO” or “Defendant”), filed a Motion to Compel Plaintiff 3884 Stoneridge LLC (“Stoneridge” or “Plaintiff”) to provide responses to Special Interrogatories, Set One, and a Motion to Deem R equests for Admission, Set One, Admitted against Stoneridge. AMCO seeks sanctions. On April 9, 2024, Stoneridge filed an opposition to the Motion To Deem Admitted, arguing sanctions should be reduced because responses h...

Excerpt: ..., 2023. After granting Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to serve responses to date despite several follow-up correspondences by defense counsel. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 5, 2024; the motion is unopposed. 11. MOTION TO COMPEL For ...

Excerpt: ... filed the complaint in this action against Defendants Jensen Enterprises, Inc., Jensen Precast, and Does 1 through 50, asserting causes of action for premises liability and negligence arising out of inju ries Plaintiff allegedly sustained after tripping and falling on June 6, 2018, on Defendants' premises at or near 1375 West Adams in Los Angeles. On January 3, 2022, Jensen Enterprises, Inc. dba Jensen Precast (erroneously sued as separate entit...

Excerpt: ...f the Song- Beverly Act—Breach of Implied Warranty, Violation of the Song- Beverly Act Civil Code section 1793.2, and Violation of the Song Beverly Act Civil Code section 1793.22—Tanner Consumer Protection Act. On August 21, 2023, General Motors answered the complaint. RULING: Granted. Plaintiff Luis Robles moves to compel further responses to request for production of documents, numbers 13-16 and 34 -35. The dispute involves the request for ...

Excerpt: ...ction of Documents (“RFP”), Set Four, Nos. 1 -11 and 16- 19. Plaintiff also seeks $6,300 in sanctions against Defendant and his attorneys. In its opposition, Defendant seeks $2,213 in sanctions. The Court GRANTS Plaintiff's motion IN PART as to RFP Nos. 3, 4, 5, 6, 7, 9, 10, 11, 16, 17, 18, and 19. Defendant shall be required to produce only responsive documents that reference Plaintiff. The Court DENIES Plaintiff's motion as to RFP Nos. 1 an...

Excerpt: ... corporation (the "Lewitt Hackman Defendants") move the court for an order striking the Complaint for Malicious Prosecution filed by Plaintiffs Reuven Justin Cypers aka Rory Cypers ("Cypers") and Residual Income Opportunities, Inc. ("RIO")(collectively, "Plaintiffs"). Discussion The operative Complaint comprises of a sole cause of action for malicious prosecution. As to Plaintiffs' sole cause of action, an acti...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ...nt action against Les Cohen, individually and as a Trustee of The Cohen Living Trust dated January 17, 2018 (“Cohen”); David Daneshrad, Esq.; Assaf Cohen, Esq., aka Jay Cohen; and Cohen and Daneshrad, LLP. The complaint asserts nine causes of action, five of which are alleged against Cohen: (a) the first cause of action for “fraud, deceit and concealment”; (b) the second cause of action for “fraud and deceit-for rescission and restituti...

Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...

Excerpt: ...HER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS ARE CONTINUED. PLAINTIFFS 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. No opposition was filed. BACKGROUND On November 24, 2021, Plaintiffs Joel Bernknopf and John Lamorte sued Defendants ...

Excerpt: ...OUND This case arises from an employment dispute. Defendant Aurice Veloso was a long -time caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Negligent Inflicti...

Excerpt: ...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 February 7, 2023, a jury entered verdicts in favor of Plaintiffs DONE! Ventures, LLC (“Done!”) and Coastal Laundromat, Inc. (“Coastal”), and against Defendants Jerry Jamgotchian, El Segundo Plaza Associates L.P. (“ESPA”), and Theta Holding IV, Inc. (“Theta”), for P...

Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...