Excerpt: ...sed in this order. Accordingly, Plaintiff's motion is GRANTED in part and DENIED in part. The request for sanctions is GRANTED. Defendant Susan Haruko Kanegawa and counsel of record Jack M. Liebhaber are ordered to pay sanctions to Plaintiff in the amount of $810 with 30 days of this order. Legal Standard When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information, or oth...

Excerpt: ...ornia Pain Consultants, Inc. and Kenneth Sterling Bradley. Plaintiff, as a single mother, alleges she experienced harassment and discrimination due to her marital status and gender. She also alleges that Defendants retaliated against her by taking Fridays from her work schedule. On Plaintiff's last day of work, she alleges that Defendants assaulted her by hitting her with a door. Defendants now move for an order compelling Plaintiff to appear for...

Excerpt: ...019, the case was called for trial. On September 27, 2019, the trial court found in favor of Plaintiffs. On October 27, 2020, Defendant filed memorandum of costs against both Plaintiffs. On August 4, 2022, Defendant filed a Motion to Amend and Modify Civil Judgments to be heard on September 21, 2022. On September 9, 2022, Plaintiffs filed an opposition. On September 15, 2022, Defendant filed a reply. PARTY'S REQUESTS Defendant requests the Court ...

Excerpt: ...nster”). The Complaint asserts causes of action for (1) disability discrimination, (2) failure to engage in the interactive process, (3) failure to provide reasonable accommodations, (4) failure to prevent discrimination, and (5) wrongful termination in violation of public policy. Plaintiff alleges that he began working with Monster on or about October 17, 2006 as a “Monster Ambassador.” (Compl., ¶ 11.) Plaintiff was diagnosed with testicu...

Excerpt: ...to compel arbitration of Plaintiff's individual PAGA claims and for dismissal of the remaining representative claims. The parties have an arbitration agreement which purports to waive Plaintiff's right to representative actions, including PAGA, and requires Plaintiff to arbitrate her claims in an individual capacity. Previously, Defendant refrained from filing a motion to compel arbitration due to the rule set forth in Iskanian v. CLS Transportat...

Excerpt: ... warranty under Song- Beverly, and (3) fraudulent concealment. The causes of action arise from Plaintiff's purchase of a 2020 Ford Explorer (Vehicle). Objections Plaintiff's objections are overruled, Discussion Defendant Ford moves to compel Plaintiff to submit this action to binding arbitration. Ford presents a copy of the Vehicle's Retail Installment Sale Contract (Sale Contract) entered into by Plaintiff and Galpin Motors. (Ihara Decl. Ex. 1.)...

Excerpt: ...bitration. RULING: The motion is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). While it appears that Defend...

Excerpt: ...to Compel Arbitration is GRANTED. 2. Motion to Stay the Proceedings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 1, 2021, Plaintiff Jan Loving (“Plaintiff”) filed a complaint against Defendant Stage 29 Productions, LLC (“Defendant.”) The complaint alleges three causes of action (1) Retaliation, Cal. Labor Code § 1102.5, (2) Retaliation, Cal. Labor Code § 6310, and (3) Wrongful Termination in Violation of Public...

Excerpt: ...his court granted Defendant's motion to compel arbitration. Plaintiff now brings his own “motion to compel arbitration,” contending that Defendant has not complied with the terms of the arbitration agreement. Plaintiff asks this court to order Defendant to arbitrate this action before JAMS or Judicate West, rather than AAA. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Compel Arbitration before JAMS or Judicate West is DENIED. Un...

Excerpt: ...ning Rowland Company LLC (“Shining Rowland”), alleging the following causes of action: (1) breach of contract; (2) breach of fiduciary duty; and (3) unjust enrichment. The complaint alleges that Plaintiff entered into an agreement with Henry's company PTI to form an LLC called Fontana Village. The relationship between the two members of Fontana Village is governed by the LLC's Operating Agreement. The complaint asserts breach of contract agai...

Excerpt: ...er than in person due to the COVID-19 pandemic. On June 26, 2019, Plaintiff Soraya M. Gonzalez filed the operative First Amended Complaint (“FAC”) against Defendant Marcus Ortiz for (1) breach of contract/specific performance, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud, (4) promissory estoppel, (5) constructive trust, and (6) unjust enrichment. The allegations of the FAC are as follows. Gonzalez bought real p...

Excerpt: ... deposition may take place remotely as permitted by Code of Civil Procedure § 2025.310. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of September 20, 2022 [ ] Late [X] None REPLY: None filed as of September 20, 2022 [ ] Late [X] None ANALYSIS: I. Background On May 18, 2020, Plaintiff Kindrick Clark (�...

Excerpt: ...ARTY(S): (1)(2) No response on eCourt as of September 19, 2022 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was filed on November 17, 2021. Plaintiff alleges that Defendant has failed to pay insurance premiums in association with a set of worker's compensation insurance policies. Plaintiff moves to compel responses to requests for production and to special interrogatories, and for sanctions. TENTAT...

Excerpt: ...se, common counts and breach of guaranty of lease. Cross-Complaint for breach of contract and declaratory relief. MOTION: Cross-Complainants renew their motion to set aside the ruling sustaining the Demurrer to the First Amended Cross-Complaint. New evidence is now available regarding the ruling in the Unlawful Detainer Action, which shows that the issue of overpayment of rent was not litigated at that time and was properly alleged in the First A...

Excerpt: ...action against defendant Los Angeles Unified School District (“Defendant”), County of Los Angeles (“County”), and City of Los Angeles (“City”). Plaintiff alleges that on January 19, 2020, she sustained injuries when she tripped and fell on a sidewalk. On August 13, 2020, City filed a cross-complaint against Defendant. County has been dismissed from the action. Trial is currently scheduled for November 30, 2022. Defendant seeks an orde...

Excerpt: ...n the amount of $100,000.00 for the benefit of Defendant Los Angeles County Sheriff's Department within 30 days. The Court sets an Order to Show Cause re: Dismissal for Failure to Furnish Security for November 8, 2022 at 8:30 a.m. On the same date, the Court shall also hold a hearing on an Order to Show Cause re: Entry of Prefiling Order. Any response to this Order to Show Cause shall be filed no later than five court days before the hearing date...

Excerpt: ...9, plaintiff Deborah J. Waltrip (self-represented) filed a complaint against American Airlines, Inc. On January 10, 2020, plaintiff filed a FAC for general negligence. Plaintiff alleges that on July 12, 2017, she was aboard a flight at LAX when upon landing, another passenger was removing her bag from the overhead bin, and it fell and landed on plaintiff's head and necks. The bag was an oversized duffle bag that did not fit the size criterion for...

Excerpt: ...nd Walmart Inc.'s Motion for Summary Judgment is GRANTED. Background [1] Plaintiff Kelly Schwalbach (“Plaintiff”) alleges as follows: Plaintiff is visually impaired. Plaintiff volunteered her time with VNA Hospice and Palliative Care of Southern California (“VNA”), including at the VNA's office in Claremont Lincoln University's (“CLU”) building located at 150 W. 1 st Street in Claremont (“subject property”). The elevator at the su...

Excerpt: ...August 12, 2020. Plaintiff alleges that Defendants executed a forged quitclaim deed to deprive her of a 50% interest in a piece of real property. Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. TENTATIVE RULING: Defendant's motion to set aside the default judgment is GRANTED. DISCUSSION: Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. Plaintiff's Requests for Judi...

Excerpt: ...35.5(a).) Discussion As an initial matter, Plaintiffs argue that Defendant filed their motion to strike 8 days after the deadline to file and serve a responsive pleading. However, as the motion to strike has been fully briefed by both parties, the Court finds that any potential minor delay in filing the motion would have been de minimis and would not have affected the substantial rights of Plaintiffs. The Court further has the discretion to treat...

Excerpt: ...w Group (“RLG”, and together, "Reicheneder Defendants"), James Moorhead (“Moorhead”), and Arturo Aguilar (“Aguilar,” and collectively, "Defendants"). Rosen is a lawyer specializing in criminal defense. In 2013, the district attorney charged Aguilar with certain criminal charges. At the time of charging, Rosen defended Aguilar and procured a plea bargain, which Aguilar accepted. As a result, Aguilar was convicted and sentenced to one y...

Excerpt: ...Donte Liggins, and Nicole Prater alleging the following causes of action. 1. Breach of Fiduciary Duty; 2. Accounting; 3. Conversion; 4. Declaratory Relief On November 19, 2020, Plaintiff Jeremy Baker filed a First Amended Complaint against Defendants Out of the Blue Records, LLC, Donte Liggins, and Nicole Prater alleging the following causes of action. 1. Breach of Fiduciary Duty 2. Accounting 3. Declaratory Relief On July 18, 2022, the Court con...

Excerpt: ... Farms (“Defendant”) for injuries relating to Plaintiff's alleged slip and fall on Defendant's property. The complaint alleges causes of action for premises liability and negligence. On August 3, 2022, Plaintiff filed a form motion to transfer this matter as a complicated personal injury case to an Independent Calendar court without a supporting declaration or submitting any other evidence. Plaintiff provided approximately four sentences in s...

Excerpt: ...aintiff's failure to appear at trial. OPPOSITION: Plaintiffs have not demonstrated that their failure to appear for trial was due to mistake, inadvertence, surprise or excusable neglect. Plaintiffs' failure to appear was inexcusable. Nor have Plaintiffs shown that they brought the Motion within a reasonable amount of time following the dismissal. If the dismissal is granted, Defendants should be awarded fees of $1,000.00. REPLY: Plaintiffs gave t...

Excerpt: ... Centre, LLC, Brius Management Co., and Rockport Administrative Services (together, “Management Defendants”) owned and/or operated Pomona Healthcare. (Compl. ¶ 5.) The Management Defendants have acted in coordination to siphon Pomona Healthcare's profits for the benefit of their owner, Shlomo Rechnitz. (Compl. ¶ 13.) Additionally, Pomona Healthcare regularly receives vastly more complaints and reported incidents than comparable facilities. ...