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: ...rtainment LLC, et al. for damages arising from a trip and fall at SoFi stadium. Defendants Kroenke Sports & Entertainment LLC; Stadco LA, LLC; Pincay RE, LLC; and Chargers Football Company, LLC filed their motion for summary judgment/adjudication as to Plaintiff's operative complaint. The hearing on the motion is set for April 26, 202 4. Defendant Contemporary Services Corporation filed its separate motion for summary judgment against Plaintiff's...

Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...

Excerpt: ...after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plainti...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

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: ...tion. TENTATIVE RULING : Summary judgment is DENIED. Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff John Doe (“Plaintiff”) has brought a suit for the alleged dissemination of his HIV status by Dr. Joshua Rice while he was a patient at the hospital. Specifically, while a colleague and friend were visiting, Dr. Rice and Good Samaritan staff walked into the room with all three, including Plaintiff, and ...

Excerpt: ...RY JUDGMENT AGAINST PLAINTIFF JUAN ASPUIRO IS GRANTED. DEFENDANTS 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 has been recieved. BACKGROUND On May 11, 2022, Plaintiffs Robert Green, et al. filed a complaint against Defendant SR...

Excerpt: ...December 20, 2022, Plaintiff, Los Angeles Apparel, Inc. (“Plaintiff”) filed a Complaint against Defendant, Domestic Medical Supply Coalition LLC and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Breach of Contract; (2) Common Count s. The Complaint is based on allegations that Plaintiff and Defendant entered into a written purchase order requests and invoices, whereby Defendant would purchase gowns and masks made by Plai...

Excerpt: ...ac”), Elena Nikolayevna Koroteeva (“Koroteeva”), and Does 1 through 20, inclusive (collectively “Defendants”), asserting five causes of act ion for (1) Breach of Contract; (2) Breach of Guaranty; (3) Conversion; (4) Restitution Based on Unjust Enrichment; and (5) Money Had and Received. On September 13, 2023, the Court entered default against Koroteeva. On February 7, 2024, Plaintiff filed the instant motion for summary judgment or summ...

Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...

Excerpt: ...f Milad Nowrozani (Plaintiff) filed this action against Defendant Anthony Chiang (Defendant) and other defendants on February 24, 2023. Plaintiff alleges that Defendant tricked Plaintiff into wiring him $28,000.00. Plaintiff believed that he was ge tting an Audemars Piguet watch, but Defendant never delivered the watch to Plaintiff, and Plaintiff now believes that the watch never existed. Defendant filed an answer in pro per on April 4, 2023. Sin...

Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...

Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ...(SBS), Bryan Russolesi, Daymon Harris, Barbara Chiling, and Timothy Glasserand for (1) Violation of CC 2924.11 (d); (2) Breach of Contract; (3) Unfair Business Practices in Violation of Business and Professions Code §§ 17200 et seq.; (4) Tortuous Interference with Prospective Economic Advantage; (5) Interference with Contract; (6) Quiet Title. (7) Declaratory Relief; (8) Temporary an d Permanent Injunction; (9) Fraud; (10) Wrongful foreclosure ...

Excerpt: ...to Plaintiff because an account was stated in writing by and between the parties in which it was agreed that Defendant was indebted to Plaintiff. Plaintiff alleges that the claim is based on account number ending in - 2838 for the sum of $33,955.07 by which Defendant has been unjustly enriched. The complaint, filed March 21, 2023, alleges a single cause of action for common counts. On July 7, 2023, Defendant (in propria persona) filed an answer. ...

Excerpt: ...: Plaintiff Aeris Nicole De Leon alleges that on September 6, 2021, while plaintiff was a pedestrian, defendant Marco Soto Acevedo, while driving defendant's vehicle, negligently ran through an intersection and collided into plaintiff's body causing plaintif f to be injured. The complaint also alleges a claim for negligence per se, alleging that the injuries suffered by plaintiff were an occurrence the nature of which state statutes and regulatio...

Excerpt: ...ECOND AMENDED COMPLAINT WITHIN 20 DAYS OF NOTICE OF RULING. 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 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On January 19, 2024, Plaintiff Alison Oley filed the operative second amended complaint again...

Excerpt: ...awfully terminated their agreement. Plaintiff seeks a temporary restraining order requiring Defendants to terminate their current parking manager and re- install Plaintiff as the parking manager pending trial. Plaintiff's ex parte application is denied because Plaintiff does not establish a reasonable likelihood of success on the merits or irreparable harm. BACKGROUND Plaintiff alleges as follows: For the last 60 years, Plaintiff and its affiliat...

Excerpt: ...agreement. Specifically, on May 1, 2022, Plaintiff entered into a license agreement (Agreement) with Defendant “for va rious rights, licenses, and services provided by” Plaintiff. Plaintiff then invoiced for those licensing services and Defendant paid all invoices until November 2022. On November 2, 2023, Plaintiff sent a notice of termination to Defendant, terminating the Agreement with immediate effect. Plaintiff alleges that the unpaid inv...

Excerpt: ...ts argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Mehrin May (Plaintif...

Excerpt: ...aintiff”) filed a Complaint against Defendants, LAZ Karp Associates, LLC, Serco Group, City of Inglewood, County of Los Angeles, and DOES 1 through 25. On February 26, 2024, Plaintiff filed a First Amended C omplaint (“FAC”) alleging causes of action for: (1) Intentional Tort; (2) General Negligence; and (3) Motor Vehicle Negligence. On February 6, 2024, this Court previously sustained demurrers to Plaintiff's original Complaint, filed by d...

Excerpt: ...ional distress, negligent infliction of emotional distress, and negligence. Plaintiff alleges while on the premises of Homegoods, Inc., located at Reseda Boulevard in Tarzana, California, DOE employee of Defendant was following Plaintiff around the store, making her feel uncomfortable to shop. When Plaintiff wanted to leave the store, she noticed the DOE employee was touching himself, fully erected. Plaintiff further alleges she went to the front...

Excerpt: ...ient utilities, structural defects, and deficient security. Cross -Defendant/Cross -Complainant INGENIOUS ASSET GROUP, INC. (“Ingenious”) filed a First Amended Cross -Complaint (“FACC”), alleging that it was harmed by Plaintiffs and the new property owners due to their failure to timely correct the habitability issues that allegedly existed during or before the property transfer on 3/4/20. Plaintiffs demur to the First, Fourth, Fifth and ...

Excerpt: ...to amend. Defendant Healthcare Financial Solutions, LLC's motion to strike is denied as moot. Defendant Healthcare Financial Solutions, LLC (“HFS”) (“Defendant”) [ previously identified as Doe 1] demurs to each cause of action in Plaintiff People of the State of California, ex rel. Allstate Insurance Company's (“Allstate”) (“Plaintiff”) second amended complaint (“SAC”) alleged against it. (Notice of Demurrer, pg. 2.) Defendant...

Excerpt: ...intiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 states: (a)¿If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with¿Section 2032.210), or...

Excerpt: ... · 2nd Cause of Action for Fraud, Deceit, and Misrepresentation · 3rd Cause of Action for Breach of Contract · 4th Cause of Action for Intentional Infliction of Emotional Distress · 5th Cause of Action for Negligence · 6th Cause of Action for Negligent Hiring, Supervision, or Retention of Employee · 7th Cause of Action for Breach of Business and Professions Code § 17200 · 8th Cause of Action for Breach of Civ. Code § 1942.4 · 9th Cause ...

Excerpt: ...ant the State Bar of California's Demurrer to Plaintiff's Third Amended Complaint [CRS# 9758]. I. Background A. Pleadings Plaintiff Jinwoo Park sues Defendants Keith K. Kim, John P. Yasuda, Herb Fox, Joseph Walsh, all his former criminal defense attorneys, and the State Bar of California pursuant to a November 1, 2023, Third Amended Complaint (TAC) alleging an undefined cause of action that is alleged not to be “legal malpractice” but is alle...

Excerpt: ...Wei”), Yi Zhang Zhou (“Zhou”), 1\ 61 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC (“9416 Broadway\ ”) asserting causes of action for breach of contract, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty, fraud, unjust enrichment, and constructive trust. Plaintiff alleges he owned interests in property loc\ ated at 161 Alice Street in Arcadia, California (the “Alice Property”), \ and 941...

Excerpt: ...s. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Plaintiff Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum meruit, (6.) breach of ora...

Excerpt: ...ey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. Plaintiff alleges that he delivered his Tesla seventeen (17) times to Tesla to repair multiple defects. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable express warranties after a reasonable number of attempts. And Tesla failed to promptly r eplace the car or make restitution to Plaintiff. ( Id. ¶ 17.) The operative complaint ...

Excerpt: ...osts are TAXED by $6,887.55. Costs are AWARDED in favor of Plaintiff and against Defendant in the total amount of $19,608.42. BACKGROUND: On September 29, 2021, Plaintiff Edward Prokop filed his Complaint against Defendant City of Los Angeles on causes of action of harassment and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prej...

Excerpt: ...its city truck colliding with Plaintiff Conejo's (“P”) trailer. P was a passenger in the truck towing the damaged trailer and claimed physical injury from the collision. A 4 day jury trial was held in January 2024 solely on the issues of causation of P's alleged personal injury damages and the quantity of those damages. On 1/24/24 the jury returned a verdict for P in the amount of $64,250 (comprised of past and future medical expenses and pas...

Excerpt: ...HAT PLAINTIFF SERPOUHIE SARKISSIAN LACKS STANDIN G TO PURSUE HER CAUSES OF ACTION Defendants' motion in limine no. 7 is DENIED. Moving party to provide notice. DISCUSSION Defendants move the Court for an order in limine to (1) preclude the presentation by Plaintiffs of any and all evidence, testimony, and argument that they suffered pecuniary harm based upon the loss of revenues of CVC, and that (2) Plaintiff S. Sarkissian lacks standing to asser...

Excerpt: ...t in order to ensure the orderly administration of justice. (Code Civ. Proc., §§ 128, 187; Rutherford v. Owens- Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) ANALYSIS Defendants 730 N. La Cienega, LLC, Koi LP, Nick Haque, 734 LCB, LLC, and Koi Group, Inc. move to sta...

Excerpt: ...VE RULING: 1. Motion to Compel Arbitration is GRANTED; 2. The court ORDERS this action STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 20, 2023, Plaintiff Shane Lichterman (Plaintiff) filed a Complaint against Defendants Baxter of California, LLC and Ambi Enterprises Inc. (Defendants) with three causes of action for: (1) Retaliation in Violation of Labor Code §98.6, (2) Retaliatio n in Violation of Labor Code ...

Excerpt: ...dgment, dismissal, order, or other proceeding taken against him through his or her mistake, inadvertence, surprise, or excusable neglect.” CCP §473(b). Where such an application for discretionary relief is made, the motion shall be accompanied by a copy of the answer or pleading proposed to be filed, or the application will not be granted. (Id.) The court must grant relief from dismissal where the application is accompanied by an attorney affi...

Excerpt: ... November 20, 2014, Raymond Tash, Trustee and Plaintiff's counsel to Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. and defense counsel within thirty (30) days of entry of this order. Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. to give notice. REASONING Defendants Vladimir Valsky, Val Serebryany, as truste...

Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...

Excerpt: ...service was defective. Defendant asserts that Plaintiff failed to exercise reasonable diligence in attempting personal service, and that Plaintiff was aware, or easily could have learned, where Mr. Serpik resides as it is a matter of public record. (Serpik Decl. ¶ 2.) Defendant states that Plaintiff relied on an address of a large office building that houses many businesses, only one of which is the law firm that employs Mr. Serpik. (Serpik Decl...

Excerpt: ...ul Katz (“Defendant”) at Tujunga Ave. and Erwin St. in Los Angeles. Plaintiff alleges that Defendant failed to make a stop at a posted stop sign, which caused his vehicle to collide with Plaintiff's vehicle, resulting in Plaintiff sustaining bodily injuries. The complaint, filed August 24, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On March 20, 2024, Plaintiff filed a motion to qua...

Excerpt: ...inants Hilton Worldwide Holdings Inc.; Woodbine Legacy/Playa Owner LLC; Davidson Hotel Company LLC; and Steve Wisner's Motion for Summary Judgment or, in the Alternative Summary Adjudication is CONTINUED to a date TBD. On or before a date TBD, the parties shall provide revised separate statements and exhibits for the Court's review. Defendants shall provide a transcript of any audio recordings on which it relies, and the transcripts must be prope...

Excerpt: ...dly due under two credit card account cardmember agreements entered between plaintiff Citibank, N.A. and defendant Arsen K. Sogomonyan. On November 20, 2023, plaintiff filed an application for an order directing service of summons on defendant by publication in the Los Angeles Daily Journal. On November 21, 2023, the court signed and filed an Order for Publication. On December 18, 2023, plaintiff filed a Proof of Publication. On January 22, 2024,...

Excerpt: ...nt in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Llyod Mosely (Plaintiff) brin...

Excerpt: ...use, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for admission (set one) (RFAs) by mail and email. (Chen Decl., ¶ 4.) Plaintiff's daughter acknowledged receipt of the discovery by...

Excerpt: ...nt in the Tentative Ruling, no argument is requested and any party seeking argument should notify 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 argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Llyod Mosely (Plaintiff) brin...

Excerpt: ... complaint, Plaintiff was assaulted and battered on premises owned or controlled by defendants on West Olympic Boulevard in Los Angeles on October 15, 2021. On March 29, 2024, Defendant Reserve Lofts LLC (“Defendant”) filed this motion to strike portions of Plaintiff's complaint. No opposition has been filed. Legal Standard Under Code of Civil Procedure section 435, “Any party, within the time allowed to respond to a pleading may serve and ...

Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...

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

Excerpt: ..., they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 21STCV18469 and 21STCV18241 are related cases. In 21STCV18241, 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 o...

Excerpt: ...) filed the Petition for Writ of Mandate to compel inspection and copying of corporate documents under CCP § 1085 and Corporations Code, § 17704.10 against Respondent Oceans V, LL C (“Respondent”). Petitioner alleges that he is the owner and holder of record of one Class A Membership Unit as defined in the Operating Agreement for Oceans V, LLC dated June 21, 20216 of Respondent as a result of having invested $500,000 and paid an administrat...

Excerpt: ...laim and Delivery/Writ of Possession SUMMARY OF FACTS: Plaintiff Christopher J. Rodgers alleges that in November of 2020, plaintiff and defendant Joanie K. Chan - Jones purchased a single-family residence in Altadena as joint tenants. As of the time of the property purchase, plaintiff and defendant were in a relationship and until October of 2023 resided together at the property. Plaintiff alleges that in June of 2019, plaintiff purchased a Labra...

Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...

Excerpt: ...12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Tile Distribution, I...

Excerpt: ...rovide Responses to Requests for Production of Documents, Set One, and Request for $2,356.65 in Monetary Sanctions [CRS# 9791]; and Defendant JLR Los Angeles LLC's Motion for Order Compelling Plaintiff Powerhouse Enterprise Ltd. to Provide Responses to Requests for Production of Documents, Set One, and Request for $2,271.65 in Monetary Sanctions [CRS# 9791]. I. Background The complaint in this case alleges violations of the California Consumer Le...

Excerpt: ...ywood, Inc. (“Starline”) on causes of action for unfair competition (statutory and common law), intentional interference with prospective economi c advantage, and false advertising. On June 8, 2022, the Court found related cases 19STCV36480 and 22STCV14150, and designated 19STCV36480 as the lead case. On October 31, 2022, the Court sustained Starline's Demurrer to the Complaint's third cause of action for intentional interference with prospec...

Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...

Excerpt: ...ent 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: Armen Elvis Sahakian...

Excerpt: ...ed Plaintiff through staff agency Partners Personnel – Management Services (“PPMS”). While employed with WePackItAll, Aguilera suffered various hand injuries which required accommodations. After the first injury, WePackItAll did not accommodate Aguilera. He continued working in the same manner and fashion prior to the injury. As a result, Aguilera suffered a second hand injury. WePackItAll did not offer Aguilera an y alternative light duty ...

Excerpt: ...der Re Discovery (Song Beverly Litigation) MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Arvin Pairavi alleges that in August of 2022 plaintiff purchased from defendant dealer Allen Gwynn Chevrolet, Inc. (Allen Gwynn) a new 2023 Chevrolet Corvette vehicle, which was sold to plaintiff with an express warranty from the vehicle manufact urer, defendant General Motors LLC (General Motors). Plaintiff alleges that the vehicle was also so...

Excerpt: ...ACTION AND ANALYSIS On October 6, 2023, Plaintiff Mina Asghari (Plaintiff) filed this lemon law case against Defendant General Motors, LLC (Defendant). As part of Plaintiff's discovery requests in this case, Plaintiff served a notice of deposition for Defendant's person most qualified (PMQ) on November 2, 2023. On November 21, 2023, Defendant served objections to the notice, which Plaintiff claims were baseless, boilerplate objections. On Novembe...

Excerpt: ...MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Behzad Richey alleges that in May of 2020, plaintiff purchased a 2019 Alfa Romeo Stelvio new motor vehicle manufactured or distributed by defendant FCA US LLC, and plaintiff received express warranties that the vehicle would be free from defects in materials, nonconformities or workmanship during the applicable warranty period, and to the extent the...

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 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) breac h of the implied covenant ...

Excerpt: ...anchez sued Defendants Mercedes -Benz USA, LLC and Does 1 through 10 pursuant to a July 3, 2023 Complaint violations of the Song Beverly Act. The claims arise from the following allegations. On July 20, 2019, Plaintiff purchased a 2019 Mercedes-Benz GLA250W (Vehicle) manufactured and/or distributed by Mercedez- Benz. In connection with this purchase, Plaintiff received an express written warranty from Mercedez -Benz, which undertook to preserve o...

Excerpt: ...country. It alleges that in December 2021, it entered into a contract with SA Hospital Acquisition, LLC (“SAH”), which was owned by Defendants Lawrence Feigen and Jeffrey Ahlholm. Plaintiff alleges that under its agreement with SAH, SAH agreed to use Plaintiff's HR services and Feigen and Ahlholm each personally guaranteed SAH's payment and performance obligations under the agreement. Plaintiff alleges that SAH began having difficulty submitt...

Excerpt: ...uest for Sanctions is GRANTED in part. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant and Defense Counsel, jointly and severally, in the total amount of $1,635.00. BACKGROUND: On August 1, 2023, Plaintiffs Edwin Haratonians and Wellness Care Residence, LLC filed their Complaint against Maurice Maalouf on the following causes of action: (1) declaratory relief; (2) breach of fiduciary duty (two counts); (3) accounting; a...

Excerpt: ...iff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“AHM” or “Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court compelling AHM to provide further responses to Plaintiff's first set of Special Interrogatories Nos. 10, 46 -48, and imposing monetary sanctions in the amount of $2,185.00 against AHM and its attorney of record. TENTATIVE RULING: The motion is DENIED. The request for monetary sanctions is DENIED. ...

Excerpt: ... to May 24, 2024 at 9:30 a.m. The parties are ordered to meet and confer pursuant to the guidelines provided by this Court below, and Plaintiff is ordered to file a 2 nd Amended Separate Statement after the completion of the Court -ordered further meet and confer, consistent with the even more detailed direction given by the Court in this Tentative Ruling . (2) CONTINUED and will be determined at the next hearing. I. BACKGROUND A. Factual On Febr...

Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...

Excerpt: ...n, counsel for Plaintiff, Fredrick Smith, filed a Motion to be Relieved as Counsel. The court granted the motion on January 5, 2024. As such, Plaintiff is currently self- represented. On October 12, 2023, Defendant, Clearpath Federal Credit Union, filed these motions to compel Plaintiff's verifications and further responses to Requests for Production, Set One, Nos. 13, 14, 18, 19, 25, and 28- 30, and to compel Plaintiff's verifications to Form In...

Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ...25 Century Park East Company, et al. for damages related to premises liability. On March 15, 2023, Plaintiff filed proof of service of the summons and complaint on defendant Pocrass & De Los Reyes, LLP (“P&D”), alleging P&D was personally served via its authorized agent for service of process James Pocrass (“Pocrass”) on May 7, 2022, at the address 1880 Century Park East, Suite 1415, Los Angeles, California 90067. On March 15, 2023, Plain...

Excerpt: ...r to (1) quash service of process of summons, and (2) vacate and set aside the defaults and Judgment -Unlawful Detainer against Defendants. BACKGROUND This is an unlawful detainer case filed on May 11, 2023 by Plaintiff 5623 PECK ROAD, LLC against Defendants Cultiva Group and Qirong Lin, claiming past -due rent totaling $137,435.90, attorney fees, forfeiture of the lease agreement, damages accruing daily since January 1, 2023, and additional expe...

Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ...SBDTLA 3, LLC; 5. SBDTLA 4, LLC., 6. Greystar California, Inc. 7. Barry Shy; 8. Rommy Shy; 9. Eric Shy; 10. Erica Rivera; 11. Pam Pham -Le; 12. 215 W 6 Owner, LLC; and 13. FPI Management, Inc. The First Amended Complaint, filed on October 26, 2023, asserts causes of action for: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200; (5 ...

Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...

Excerpt: ...CV00428 and 22STCV17187 orders 22TRCV00428 reassigned to Department 55 of the Stanley Mosk Courthouse for all purposes. All hearings currently set in civil law case 22TRCV00428 are hereby advanced and vacated. Counsel for Defendant to give notice. Background of 22TRCV00428 Trout v. Robinson Helicopter On May 25, 2022, Basia Trout, individually and as the personal representative of Decedent Lora Trout, and Roger Trout, filed 22TRCV00428 against Ro...

Excerpt: ...ollectively, “Defendants”) for injuries arising from a motor vehicle collision. The trial date is currently set for October 24, 2024. Defendants now move to continue the current trial date and all related dates to June 24, 2025 to allow their motion for summary judgment (“MSJ”), currently reserved for December 10, 2024, to be heard prior to trial. The motion is unopposed. II. LEGAL STANDARD Although continuances of trials are disfavored, ...

Excerpt: ...Proc., § 2030.290, subd. (a).) Sanctions in the amount of $2,985 are awarded to Defendants. Code of Civil Procedure § 2030.290(c). Procedural Background Plaintiff Rossylyn Inez Sanchez (“Plaintiff”) filed a complaint against Defendants Melton Truck Lines, Inc., Christopher Michael Moehl, and Does 1 to 50, (“Defendants”), for motor vehicle negligence and general negligence for an automobile accident that oc curred on October 7, 2021. Pla...

Excerpt: ...d Obuszewski executed a promissory note on August 5, 2019 for the benefit of Cherico in the amount of $44,000.00. The complaint noted the personal representat ive rejected Cherico's creditor's claim. On February 27, 2024, Judge Barbara A. Meiers issued an order providing, in relevant part, “Plaintiff is ordered to file a motion (‘Notice of Related Cases') in Department 1 within 5 court days to find this case related to the pending probate cas...

Excerpt: ...a Ridge Drive, Beverly Hills, California 90210 (“Property”). Landlord rented the Property to Defendant Thomas Latimer (“Tenant”) for $35,000 a month. Tenant failed to pay rent. This action ensued. A proof of service of the summons and complaint was filed with the Court which states Tenant was personally served on March 7, 2024. This hearing is on Tenant's motion to quash service of summons. Tenant argues that contrary to the proof of serv...

Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...

Excerpt: ... Los Angeles. The First Amended Complaint, filed January 18, 2023, asserts causes of action for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; and (4) negligence. Plaintiff alleges there were defects in the stucco work performed by Defendant, the parties entered i nto a contract addendum whereby Defendant would repair the stucco, but Defendant abandoned the project. On March 9, 2023, Defendant filed a cro...

Excerpt: ...es —a prior court order must be obtained. (CRC, Rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) t he party must serve a copy of the motion on all parties who have ap...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...riminal proceeding against Defendant Jeffrey Tamkin (Los Angeles Superi or Court Case No. 514932 (People v. Jeffrey Herter Tamkin)). Defendants argue that a stay is necessary to protect Tamkin's Fifth Amendment rights in connection with the criminal proceeding, which arises from the same underlying facts as this civil action, and because Tamkin is the only officer and manager of Tamkin Development Corporation, the corporation would be prejudiced ...

Excerpt: ...0 · Item b.(ii) of the prayer (punitive damages) RULING : Motion to strike is granted in part. SUMMARY OF ACTION Plaintiff Cole Freeman's (Plaintiff) motorhome was vandalized and sustained water damage. Plaintiff filed this action because he alleges that Defendant State Farm Automobile Insurance Company (Defendant) would not cover the full extent of Plaintiff's losse s. Plaintiff's complaint alleges four causes of action for (1) declaratory reli...

Excerpt: ...��Defendants”). As alleged in the Plaintiffs' Complaint, at all relevant times, 649 Lofts and Joshua co- owned and operated the Subject Property, and SRHT was the property manager for Joshua and 649 Lofts. Pending before the Court is the motion of 649 Lofts and SHRT (“the Moving Defendants”) to strike Paragraphs 51 and 67 from the Plaintiffs' complaint, which are there to support Plaintiffs' request for an award of exemplary and punitive da...

Excerpt: ...Mariposa Avenue in Los Angeles. On March 14, 2024, the Court granted, with leave to amend, Defendant's motion to strike Plaintiff's prayer for punitive damages. On March 19, 2024, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff again seeks punitive damages. On March 27, 2024, Defendant filed this motion to strike the prayer for punitive damages in the FAC. Plaintiff filed an opposition on April 9, and Defendant filed a reply on...

Excerpt: ...lated complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. 11/07/23 Hearing on Motion to Strike Directed at FAC On 11/07/23, the Court heard and granted Defendant's motion to strike portions of the FAC. Notably, the Court's ruling was “without leave to amend.” The Court's ruling, specifically, was as follows: a. Conduct Settled by the SAR Plaintiff and Defendant wer...

Excerpt: ...C Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. If Plaintiff Pinto Does Not Appear, the Motion is Taken OFF -CALENDAR On Novembe...

Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...

Excerpt: ...ign Proposal Agreements' (“Agreements”) wherein Defendant was to provide architectural services for the design and permit approval for the construction of certain apartment units to the preparation of civil engineering plans (such as grading, drainage, and street improvements), and conceptual drawings of the units, to preparing and applying for permits. [1] Defendant, however, failed to timely seek an extension to the conductional use permits...

Excerpt: ...iled. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an uninsured motorist action. Petitioner sustained injuries to her sternum and wrists in a car accident. Petitioner's claim proceeded to arbitration, in which the arbitrator awarded Petitioner damages in the amount of $189,000. Petitioner seeks an order confirming the arbitration award and an order awarding costs of proof on three requests for admissions. TENTATIVE RULING: Petition to ...

Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...