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: ...vil Procedure §425.16 is DENIED. BACKGROUND Plaintiff Christine McCaslin is a hair stylist who owns a business in Los Angeles County known as Salon Touché. Plaintiff alleges Defendant Philip Godlewski posted her contact information and her business information to his over 300,000 Telegram social media followers and encouraged them to leave negative reviews about Salon Touché and harass Plaintiff personally. As a result of Defendant Godlewski's...

Excerpt: ...gainst Defendants Ron Reitshtein and Youngman Reitshtein, PLC (jointly, “Defendants”) On March 28, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC alleges causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) intentional misrepresentation, and (4) negligent misrepresentation. In the FAC, Plaintiff alleges, inter alia , that “Plaintiff was the Petitioner in a divorce action occur...

Excerpt: ... the moving, opposition, and reply papers. BACKGROUND This action arises out of an employment relationship between Plaintiff and Defendants. Plaintiff's Complaint alleges: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) representative action for civil penalties pursuant to the Private Attorney General Act (“PAGA”). With ...

Excerpt: ...Complaint alleging three causes of action against George Cashman Jr. (Cashman/Defendant), Cynthia C. Makin, and the GFC Administrative Trust. The Compl aint stemmed from an alleged breach of the “Declaration No. 150 of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens, Charges and Certain Local Restrictions” (CCRs), when Plaintiff discovered that a fence extends beyond Plaintiff's permitted easement in...

Excerpt: ...ty”) RESPONDING PARTY: Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 21, 2023, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”), including Moving Party for: (1) Negligence; (2) Strict Liability – Warning Defect; (3) St rict Liab...

Excerpt: ...ng the time and scope of the subpoenas TENTATIVE RULING: Defendant Eric Weinberg and Guitar and Pen Productions, Inc.'s motion to quash subpoenas on Blue Tiger Recovery; Omar Minwalla, Ph.D at the Institute for Sexual Health; Marilyn Ruman, Ph.D.; and Sharon O'Hara, MFT is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 12, 2023, Plaintiff S.T. (“Plaintiff”) filed a complaint against Defendants Eric Weinberg (“Wei...

Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...

Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...

Excerpt: ...ete Responding Party: Defendant/Cross -Complainant Derek Keane Motion to Set Aside Order Dated October 3, 2023 The court has considered the moving papers and opposition. No reply was received. The court on its own motion reconsiders its October 3, 2023 order. Consequently, the October 3, 2023 order is VACATED , and Keane's motion to compel filed on May 15, 2023 is DENIED as moot. Background Plaintiff Lafayette Apt. Associates, L.P. (hereinafter �...

Excerpt: ...) filed the instant action against Defendant TPG Pressure, Inc. (“TPG”) for breach of contract and common count – goods and services rendered. On June 14, 2023, Defendant TPG filed a Cross -Complaint against Epic and Omni (“Omni”) Logistics, LLC. This case arises from TPG retaining Epic to provide carriage of products from ports outside the United States to destinations within the United States by ocean carriage. On August 23, 2023, Def...

Excerpt: ...on against defendant Manfield and Associates ("Defendant') for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust Plaintiff now seeks to strike Defendants orthopedic experts on the grounds that it is cumulative. Defendant opposes the motion, and Plaintiff filed a reply. Defendant also filed a motion for leave to amend/augment its expert witness designation. The Court had advanced the hearing to ...

Excerpt: ...assan Mirza Mousa Al -Sulaimi's Motion to Strike Complaint and for Monetary Sanctions Against City of Knowledge and their Counsel is DENIED. Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Motion to Expunge Lis Pendens is GRANTED. Furthermore, Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Request for Statutory Attorney Fees and Costs Against Plaintiff is GRANTED in the red uced amount of $1,252.50, payable in thirty (30) d...

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: ... moves to strike, or in the alternative, tax costs claimed by Plaintiffs Luis Sanchez (“Luis”) and Lauren Sanchez (“Lauren”) (collectively, “Plaintiffs”) on the ground that many of the costs Plaintiffs claim are not recoverable or are otherwise unreasonable. (Notice Motion, pgs. 1 -2; C.C.P. §§1032, 1033, 1033.5 et seq.) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Ac...

Excerpt: ..., “Defendants”): On March 23, 2021, Plaintiff received a final judgment in case no. 19PSCV01164 entitled OR CONSTRUCTION, INC. vs EMAN TANAGHO . [1] However, to prevent Plaintiff's from collecting their claim, Eman transferred certain real property to her children, Jamil and Michael. [2] On February 9, 2023, Plaintiff filed suit asserting the following causes of action (COAs): 1. Set Aside Fraudulent Transfer 2. Conspiracy On October 19, 2023...

Excerpt: ...a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for¿inspection any document . . . described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., ...

Excerpt: ...roduction of documents on plaintiff Dwayne Flowers (“Plaintiff”) on May 2, 2023 1. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling defendant Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, Plaintiff's counsel submits a request for a continuance on the motions to compel on the grounds that Plaintiff's counsel is unable to ascertain the status...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ...MMARY OF ACTION AND ANALYSIS It is unclear if Plaintiff Christopher Mack (Mack), trustee for the Lamb Mooie Trust, or Wayne R. Tanaka (Tanaka), also listed as trustee and the one who signed the affidavits, filed the motion. Whatever the case, the moving party, in pro per, has requested that the Court issue an order to show cause re: contempt against Defendant Julio Torres (Torres). It appears that the moving party has moved for this order pursuan...

Excerpt: ...une 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regarding the status conference: “Supplemental briefs are allowed but not required. Br...

Excerpt: ...LAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendant Jay Levine. Defendant Jay Levine meets his burden to prove the Plaintiff Adam J. Tensor's claims arises from constitutionally protected speech. Plaintiff Adam J. Tensor does not meet his burden of proving the probability of prevailing on all claims in the FAC as to Defendant Jay Levine. Defendants RJN are GRANTED as to the...

Excerpt: ...rovides that “[i]f 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, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered i...