Excerpt: ... Trial: June 14, 2024 MOVING PARTY: Defendants Roberto D. Banuelos and Revel Management Group, LLC RESPONDING PARTY: Plaintiff Hugo Villasenor individually and derivatively on behalf of Revel Management Group, LLC The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a claim by Plaintiff that he has an ownership interest in Defendants' business. The currently operative first amended complaint (the �...

Excerpt: ... motion to expunge lis pendens. The Court will not require Plaintiff to post a bond. The Court also declines to award attorney's fees and costs. The Court SUSTAINS the demurrer to the First, Second, Third, Fifth, Sixth, Ninth, Twelfth, Thirteenth, Eighteenth, and Nineteenth Causes of Action in the Second Amended Cross -Complaint with leave to amend. The Court OVERRULES the demurrer to the Fourth and Fifteenth Causes of Action. Defendants Millner ...

Excerpt: ... Court has considered the moving papers. No opposition has been received. BACKGROUND Plaintiff initiated this eminent domain action on November 18, 2022 against Defendants Center Int'l Investments Inc. (“CII”), S.B.S. Trust Deed Network, County of Los Angeles, and all persons unknown claiming any right, title, estate, lien, or interest in or to the property sought to be condemned. As alleged in the complaint, Plaintiff seeks to acquire the re...

Excerpt: ...(conversion), and Ninth (breach of fiduciary duty) causes of action. The motion is GRANTED with respect to (1) Onni Real Estate IX, LLC; (2) Onni South Hill Limited Partnership; (3) Onni Manhattan Beach Realty, LLC; and (4) Manhattan Beach Holdings, ULC as to causes of action one through 11. The motion is DENIED with respect to the remaining causes of action. The twelfth cause of action also remains as it was not the subject of this motion. Movin...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...TY, et al. (22STCV30371); S HANA ROHANI vs CITY OF BURBANK, et al. (23BBCV00569); CLAUDIA MOGHADDAM, AS SUCCESSOR -IN -INTEREST TO THE ESTATE OF NATALEE ASAL MOGHADDAM, DECEASED, et al. vs THE CITY OF BURBANK, A GOVERNMENTAL ENTITY, et al. (22STCV32125) MOTION FOR SUMMARY JUDGMENT MOVING PARTY : Defendant City of Burbank (the “City”) RESPONDING PARTY : Latese Cherie Whitehead, Claudia Moghaddam, Shana Rohani, Nicole Richardson, Calvin Johnson...

Excerpt: ... against defendant Katherine R. Harter, M.D. (“Defendant”\ ) alleging professional negligence arising out of an emergency room encounter. On December 11, 2023, Defendant filed this motion for summary judgment. No opposition brief has been filed. II. LEGAL STANDARD In reviewing a motion for summary judgment, courts must apply a three- step analysis: “(1) identify the issues framed by the pleadings; (\ 2) determine whether the moving party ha...

Excerpt: ...nified School District (“Defendant”) filed, on January 25, 2024, a motion for summary judgment or, alternatively, summary adjudication against plaintiff Eric Jones (“Plaintiff”), with a hearing date of May 1, 2024. At the time that Defendant's motion was filed, trial was scheduled for February 28, 2024. On January 29, 2024, the court issued a minute order granting in part and denying in part Defendant's ex parte application to continue tr...

Excerpt: ...iff). Alternatively, Right Choice requests summary adjudication of the following issues in its favor and against Plaintiff : Issue No. 1: Plaintiff's Cause of Action for Negligence against Right Choice has no merit because there is no triable issue of material fact supporting Plaintiff's claim, that Right Choice was the proximate cause of Plaintiff's injuries . Issue No. 2: Plaintiff's Cause of Action for Dependent Care/Elder Abuse has no merit b...

Excerpt: ...d personal injury as a result of a car accident with non -party Alyssa R. Garcia. Plaintiff filed a lawsuit against Garcia on February 3, 2017. Plaintiff settled her lawsuit against Garcia for Garcia's policy limits in the amount of $25,000, far less than her alleged injuries due to the accident.. Plaintiff holds an auto liability insurance policy with Defendant Allstate Northbrook Indemnity Company. Plaintiff submitted her claim to Allstate on J...

Excerpt: ... State of California Responding Party: Unopposed Notice: OK Tentative Ruling: Plaintiff's Motion for Terminating Sanctions or alternatively, Issue, Evidentiary, and/or Monetary Sanctions Against Defendant Elias Shokrian is GRANTED IN PART, as follows: The Court DENIES Plaintiff's request for terminating and monetary sanctions against Defendant Elias Shokrian. The Court GRANTS Plaintiff's request for issue sanctions against Defendant Elias Shokria...

Excerpt: ...ion against Defendant One876 Caribbean Restaurant, LLC (Defendant) for: (1) Failure to Provide Required Meal Periods (Labor Code 226.7, 510, 512, 1194, 1197; IWC Wage Orders); (2) Failure to Provid e Required Rest Periods (Labor Code 226.7, 512; IWC Wage Orders); (3) Failure to Pay Overtime Wages (Labor Code 510, 1194, 1198; IWC Wage Orders); (4) Failure to Pay Minimum Wages (Labor Code 1194, 1197; IWC Wage Orders); (5) Failure to Timely Pay Wage...

Excerpt: ...olidated with 21SMCV01425] Hearing Date: 5/1/24 Trial Date: N/A [TENTATIVE] RULING RE: Law Offices of Robeert R. Shiri, APC's Motion to Compel Answers to Form Interrogatories, and Request for Monetary Sanctions in the Amount of $2,560.00 Against Lenny K. Dykstra and/or Attorneys of Record; and Law Offices of Robeert R. Shiri, APC's Motion to Deem Request for Admissions Admitted, and Request for Monetary Sanctions in the Amount of $2,560.00 Agains...

Excerpt: ...al, Inc. (“Defendant”) RESPONDING PARTY: Plaintiffs Ollye G. Ingram, et al. (“Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of ...

Excerpt: ...hnicity by transferring him to a new work location and giving him increased work compared to non -Hispanic employees. Plaintiff brings causes of action for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) violation of Labor Code Section 1102.5. Plaintiff now moves to compel the deposition attendance of Defendant's person most knowledgeable. Defendant opp...

Excerpt: ... Motion to Compel Plaintiff's Deposition and Request for Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Los Indios de San Gabriel, Inc., and Andrew Salas (“Defendants”) move the court for an order (1) compelling plaintiff Emilio Reyes (“Plaintiff”) to appear for and testify at a videotaped, in- person deposition, and (2) awarding monetary sanctio...

Excerpt: ...ip agreement, breach of fiduciary duty, and an accounting. On November 15, 2023, Plaintiff filed this motion to compel Defendant's further responses to requests for production of documents (set two) (RFPs). LEGAL STANDARD A propounding party may move for an order compelling a further response to a demand for inspection if the propounding party deems that an answer or statement of compliance is evasive or incomplete, or that an objection is “wit...

Excerpt: ...sponses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Brian Rucker and Order for Sanctions in the Amount of $960 Against Plaintiff and/or His Attorneys of Re cord; and (2) Motion to Compel Responses to Supplemental Interrogatory, Set No. Two, and Supplemental Request for Production of Documents, Set No. Two, from Plaintiff Valentina Malofiy and Order for Sanctions in ...

Excerpt: ... (Set One); and 5. Plaintiff Amilkar Frausto's Motion to Deem the Truth of Matters Specified in Requests for Admissions, Set One, Admitted and Conclusively Established. TENTATIVE RULING The Court GRANTS Plaintiff Amilkar Frausto's motion to compel responses to Special Interrogatories, Set One, Nos. 1 -3, 6- 27, 29 -33, 35- 36, 38-39, 41- 42, 44-45, 47- 48, 50-51, 62- 64, 78, 80, and 82. Defendant Ach Telecom, Inc. must provide verified, code -com...

Excerpt: ...are DENIED. PLAINTIFFS AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $800.00 TO DEFENSE COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiffs 2515 Thurman, LLC and Brian Haydel (“Plaintiffs”) filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request For Sanctions; and (2) Motion to Deem Requests for Admission, Set One, Admitted, and Request For Sanctions on March...

Excerpt: ...age in the interactive process; failure to accommodate; retaliation in violation of Fair Employment and Housing Act; failure to prevent harassment, discrimination, or retaliation; negligent hiring, supervision, or retention; retaliation in violation of Labor Code section 1102.5; and wrongful termination in violation of public policy. On March 7, 2024, Defendants filed this motion to continue the trial and related dates and deadlines. DISCUSSION D...

Excerpt: ...the settlement agreement between Plaintiff and Defendants PSG California LLC (“PSG”), David Leedom (“Leedom”), and Beth Seara (“Seara”) (collectively, “Defendants”) that was entered into on September 20, 2023. (Notice of Motion Settlement, pg. 2; C.C.P. §664.6.) Plaintiff moves on the grounds that Defendants have breached the settlement agreement by failing to perform under the terms of the settlement in the following respects: b...

Excerpt: ...o the chemical gadolinium throughout the course of the MRIs, result ing in severe burns, health complications, and eventually death. Plaintiffs allege that Decedent had a history of hypersensitivity to gadolinium and that Defendants were put on notice of Decedent's condition and should have been aware of the risks of gadolinium exposure in children. The complaint alleges causes of action for (1) medical malpractice, (2) medical malpractice- lack ...

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than $0.75 each. At the same time, Defendant was negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble. In reliance ...

Excerpt: ...ntiff alleges that he rented a unit from Defendant and paid a $15,000 security deposit which was supposed to be returned upon termination of the tenancy. Plaintiff alleges that Defendant improperly applied expenses against the deposit, resulting in nothing being returned to Pla intiff. Plaintiff alleges that this amounts to theft of the security deposit. On January 5, 2023, Defendant Culver filed a cross -complaint against Plaintiff, Sachin Tejas...