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: ...ulings: ARGUE. The Court finds itself at a crossroads as to whether to order the deposition and allow the chips to fall where they may, or whether to conditionally deny the motion on the conditions that (A) Plaintiff Diana Stretch shall not be permitted to testify at trial, and (B) the parties develop a stipulation as to how the finder of fact is to consider her inability to testify in a fashion that will not unfairly prejudice the Defendants. Th...

Excerpt: ...s, Set One, and to Produce Responsive Documents; Request for Monetary Sanctions in the Amount of $2,822.50 The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Plaintiff is ordered to provide further responses to Defendant's First Set of Requests for Production of Documents, Requests Nos. 13, 15- 18, and 21-22, and to produce responsive documents thereto within 30 days. Plaintiff and his counsel of record are orde...

Excerpt: ...urt directs 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: Cheryl Redd...

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

Excerpt: ...9, they entered into a warranty contract with Defendant Toyota Motor Sales, U.S.A., Inc. (“Defendant”) regarding a 2019 Toyota Tacoma. Plaintiffs allege that defects and nonconformities to the warranty manifested themselves within the applicable express warranty period, including but not limited to exterior, structural, transmission, and engine issues. Plaintiffs allege they delivered the subject vehicle to an authorized Toyota repair facilit...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assault e...

Excerpt: ... Unless the Court directs 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. ALLEGATION...

Excerpt: ... hearing on the motion. Additionally, Defendant requests sanctions be imposed against Plaintiff and her attorneys of record in the amount of $511.50 ; (2) An order compelling Plaintiff Maria Pina to provide verified responses to Defendant Costco Wholesale Corporation's Request for Production of Documents, Set 1 (General) served by mail on 9/21/23, without objection, within 10 days of the hearing on the motion. Additionally, Defendant requests san...

Excerpt: ...Shayan aka Sina Masoumi (“Shayan”) filed the Complaint alleging multiple causes of actions relating to a breach of contract involving a proposed investment venture against Defendants Ahmadreza Rastegarrazi (a/k/a Arash) Rastegarrazi (“Arash”), Mehre Iran Today (“Mehre Iran”), and Dani Gonzalez (“Dani ”), and Optima Financial Ventures (‘Optima”). On November 29, 2023, Plaintiff Shayan filed the instant motion to compel the depo...

Excerpt: ...024. Plaintiff filed a reply on April 26, 2024. For the reasons set forth below, the motion to compel the deposition of Honda's PMQ is GRANTED. II. LEGAL STANDARD “If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officer s, directors, managing agent...

Excerpt: ...o appear is requested. Unless the Court directs 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) ...

Excerpt: ...Park, LLC and Jeff Kwatinetz (hereafter, “Plaintiffs”), filed this motion to (1) compel Defendant and Cross - Complainant Azealia Banks (“Banks”) to appear at deposition for seven additional ho urs, (2) appointment of a discovery referee at Banks's expense, and (3) imposition of monetary sanctions against Banks in an amount not less than $10,000. The motion is unopposed.[1] II. DISCUSSION & LEGAL STANDARD a. Further Deposition Plaintiffs ...

Excerpt: ...e and good faith attempt to resolve informally: Yes, Ex. C FACTUAL BACKGROUND: Plaintiff Francisco J. De La Torre Urrutia alleges that in May of 2022, plaintiff purchased a 2021 Kia Sorento with an accompanying written warranty from defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the uti lity or performance of the vehicle or provide compensation if there was a failure in such utility or performance. ...

Excerpt: ...TION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Ex. B FACTUAL BACKGROUND: Plaintiff Olga Miroshnikova alleges that in February of 2022, plaintiff was lawfully turning left into the left lane at an intersection in Glendale, when defendant Nairi Hunanyan operated his vehicle without caution and in such an unsafe manner that it ca used a violent collision into plaintiff's vehicle, as a result of which plaintiff is hu...

Excerpt: ...tion has the burden of proving by a preponderance of evidence that a valid arbitration agreement exists. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842; see also § CCP 1281.2. A party meets its initial burden simply by reciting the terms of the governing provision, or by attaching a copy of the provisions. Sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 793. Once the petitioner meets its burden, “the burden shifts to the p...

Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...

Excerpt: ...nc. Plaintiff's application was granted on October 3, 2023. Therefore, Plaintiff now has a judgment against Defendant in Los Angeles Superior Court. On March 22, 2024, Plaintiff filed the instant motion to amend the judgment to add judgment debtors based on alter ego. Plaintiff seeks to add Christopher Smith, sole owner and member of CMS Equity, as well as ten other corporate entities of which Smith or CMS is the sole owner or member. There is no...

Excerpt: ...garding various causes of action arising from the Parties' business rela tionship. On July 12, 2022, Defendant/Cross-Complainant filed: (1) Cross - Complaint against Plaintiffs/Cross -Defendants Forward Westwood, Inc., Forward Calabasas, Inc., Paul Morris, Edward Krifcher, and Joseph Sacavitch; and (2) Answer to the Complaint. On August 15, 2022, Plaintiffs/Cross- Defendants filed their Answer to the Cross-Complaint. On February 28, 2024, the Cou...

Excerpt: ...ndo Cazares (“Cazares”), Fidel Calderon, Cazares Services LLC (Doe 1), Thomas Franklin Henry (Doe 2), and Orchids de Oro, Inc. (Doe 3) for damages arising from a motor vehicle incident. On April 2, 2024, Cazares filed the instant motion for terminating sanctions to dismiss plaintiff Marina Ruiz's (“Plaintiff Ruiz”) complaint against them for failure to abide by the Court's January 26, 2024 Order that she serve verified responses to form i...

Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...

Excerpt: ..., summary adjudication of all causes of action. TENTATIVE RULING : Summary judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 23, 2022, Plaintiffs Win Pont Investment, Inc. (“Win”), Excelsior Pre -School, LLC (“EPS”), and Excelsior Online Tutoring (“EOT”) (collectively, “Plaintiffs”) has brought suit against Defendant Scott Balanda (“Defendant” or “Balanda”) for (1) breach of confidentiality agree...

Excerpt: ...aintiffs move for an order summarily adjudicating that Defendant is liable on the First Cause of Action for Breach of Contract, for at least $6,000.00. Defendant opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “plaintiff . . . has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action.” Code Civ. Proc., § 437c(p)(...

Excerpt: ...EMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1 -50 inclusive 7 TENTATIVE RULING – COMPEL RESPONSES BACKGROUND ALL MOTIONS 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 11/17/20...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

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: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...

Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...

Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...

Excerpt: ...ith Defendant Armen Crstijian (“Crstijian”) who was operating a motor vehicle that was owned by Defendant N&N Auto Collection Inc. (“N&N” ). Plaintiff alleges that Crstijian failed to exercise reasonable care, which caused Plaintiff to suffer bodily injury. The complaint, filed on October 19, 2022, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On April 9, 2024, Defendants N&N and Crstij...

Excerpt: ...e, M.D., Robert Gottner, M.D., and Mayur Patel, M.D. to examine, care, diagnose, and treat Decedent for his physical condition and complaints. Plaintiff Adam Eagle (“Plaintiff”), the sole heir of Decedent, alleges that Defendants negligently provided medical care to Decedent, leading to his death. The complaint, filed September 26, 2016, alleges a single cause of action for wrongful death (medical malpractice). B. Relevant Background The matt...

Excerpt: ...an ad litem William Ferrell, alleges that Plaintiff (a “dependent adult” within the meaning of the Welfare & Institutions Code) was raped, sexually assaulted, sexually harassed, abused, and sexually battered by Defendant Rafael Moya (“Moya”), while Plaintiff was a patient confined to the lockdown unit at Defendant Imperial Care Center LLC (“ICC”). Plaintiff alleges that the rape occurred on March 12, 2022. Plaintiff alleges that Defen...

Excerpt: ... (“Defendant”) property located at 6555 Foothill Blvd., Tujunga, CA 91042 on December 24, 2020, when she tripped and fell on a floor mat. Plaintiff alleges that she sustained bodily injuries. The complaint, filed November 16, 2022, alleges causes of action for: (1) premises liability; (2) general negligence. B. Relevant Background and Motion on Calendar On April 19, 2024, Plaintiff filed the motion to strike Defendant's improper supplemental ...

Excerpt: ...by Defendant Nancy Ming Ling Chen's (“Defendant”) German Shepherd Mix dog. Plaintiff alleges that she was jogging past Defendant on a public street when Defendant was unable to control her dog and, without warning or provocation, the dog viciously attacked and bit Plaintiff. The complaint, filed February 23, 2024, alleges causes of action for: (1) negligence; and (2) strict liability. B. Motion on Calendar On April 3, 2024, Defendant filed a ...

Excerpt: ...nst Defendants Artyun Aladjian, individually and dba J&H Auto Wrecking, and all in possession. The property at issue is located at 9415 Glenoaks Boulevard, Sun Valley, CA 91352. Plaintiff alleges that on April 1, 2006, it entered into a 5 -year term tenancy pursuant to a written agreement with Defendants. Plaintiff served a 30 -day notice to quit on Defendants, such that the expiration of the notice was set for August 10, 2023. Plaintiff seeks po...

Excerpt: ...on a credit card debt. Plaintiff served Defendant, and when no response was made, the Court entered default judgment on February 17, 2023. This hearing is on Plaintiff's motion to set aside the default judgment. Plaintiff represents it recently learned Defendant was not a resident of the State of California and was not properly served. Plaintiff asks the Court to vacate the default judgment due to Plaintiff's counsel's mistake, inadvertence and e...

Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...t directs 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: Matthew C. Mo...

Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs 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 received. Notice may be given eithe...

Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...

Excerpt: ...t been proper service of process. ( Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801, 808.) “When a motion to quash is properly brought, the burden of proof is placed upon the plaintiff to establish the facts of jurisdiction by a preponderance of the evidence.” ( Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 568.) The plaintiff has “the burden of proving the facts that did give the court jurisdiction, that is the facts requisite to...

Excerpt: ...mental Cross- Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of th...

Excerpt: ...t. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (CCP, § 664.6(a).) “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” ( Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal....

Excerpt: ...h 21, 2021, Plaintiff Walters Wholesale Electric Co. (“Plaintiff Walters”) filed an action to foreclose mechanic's lien and to enforce stop payment notice (“Walters Action”) against Defendants Tobias Eugene Vargas (“Vargas”), Fred & Jamison LLC (“Jamison”), Evertrust Bank (“Bank”), and Inland Development Company. (“Inland”). On March 29, 2023, Plaintiff Walters filed the operative First Amended Complaint (“Walters FAC”...

Excerpt: ...ON Plaintiffs Alexa and Kim Gallegos (Gallegos Plaintiffs) and Plaintiff Angel Sanchez (Sanchez) are requesting an order from the Court to consolidate LASC Case Nos. 21STCV41026 (hereinafter “Gallegos Matter”) and 21STCV42588 (hereinafter “Sanchez Matter”). The two cases arise from a single motor vehicle collision on November 20, 2019. Sebastien Gallegos (Decedent) and Angel Sanchez were passengers in a vehicle driven by Eugene Oh. The ve...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...