Excerpt: ...a Binding Arbitration and Class Action, Collective Action, and Representative Claim Waiver Agreement (“Agreement”). (Blume Decl. ¶¶ 13, 14 & Exs. 1, 2.) Plaintiff argues that the Agreement must be rescinded because she signed it under economic duress. “The doctrine of ‘economic duress' can apply when one party has done a wrongful act which is sufficiently coercive to cause a reasonably prudent person, faced with no reasonable alternativ...

Excerpt: ...C”) was filed. The FAC alleges the following relevant facts: “On or about June 21, 2018, Plaintiff was lawfully within the PREMISES. Specifically, Plaintiff's employer, Defendant Advanced Restoration, was hired and tasked to clean the solar panels on the roof of warehouse number 2 on the PREMISES. While performing the work, Plaintiff fell down through one of the skylights, which was a dangerous condition for lack of installment of any guidera...

Excerpt: ...T/R: CROSS-COMPLAINANT'S MOTION FOR LEAVE TO ADD COUNSEL AS A CROSS-DEFENDANT UNDER CIV. CODE § 1714.10(a) IS DENIED. CROSS-COMPLAINANT 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. Civ. Code § 1714.10 provides, (a) N...

Excerpt: ... any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instan...

Excerpt: ...ed in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross-complaint if it is not concurrently filed with the answer or at any time before the court set...

Excerpt: ...liant wage statements), (3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for Defendants and alleges she was misclassified as an independent contractor. On July 2, 2021, Defendant Zuber Lawler & Del Duca, LLP filed a cross-complaint against Plaintiff asserting causes of action for: (1) fraudulent misrepresentation; (2) negligent misrepresentatio...

Excerpt: ...ent. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and ROKiT Phone Company, LLC as Does 1-3. On June 21, 2022, the Court issued an order providing “...

Excerpt: ...al Collection, Inc.; MMK International Inc.; and Rafi Shokrian to the First Amended Complaint (“FAC”). Further, since the filing of the FAC, FWD Future, LLC, Peach Medical LLC, and Eapen Enterprises purportedly assigned their claims to TRO, thereby eliminating a prior issue due to these other plaintiffs being represented by separate counsel. (Cf. Compl. [Margarita Salazar, Esq. as plaintiffs' counsel] with FAC [Tailim Song, Esq. as counsel fo...

Excerpt: ...n July 18, 2022, Defendant filed a Motion to Compel Plaintiff to Submit to Multiple IMEs to be heard on August 11, 2022. On July 29, 2022, Plaintiff filed an opposition. On August 4, 2022, Defendant filed a reply. Trial is currently scheduled for December 6, 2022. PARTY'S REQUESTS Defendant requests the Court order Plaintiff to appear for the following IMEs: Examination by Edwin Amos, M.D., neurologist, on September 8, 2022, at 1:30 p.m. at Santa...

Excerpt: ... to include Defendant GK Management Co., Inc. (“GK”). On May 9, 2022, VSD filed an answer. On July 7, 2022, GK filed an answer. On July 13, 2022, Plaintiff filed a Motion for Trial Preference to be heard on August 12, 2022. On August 1, 2022, VSD and GK (“Opposing Defendants”) filed an opposition. Plaintiff filed a reply on August 5, 2022. Trial is currently scheduled for September 25, 2023. PARTY'S REQUESTS Plaintiff requests the Court s...

Excerpt: ...also owned by Thai, Thuy, Hang and Nga. Israel Guerrero (“I. Guerrero”) and Hugo Hernandez (“Hernandez”) are tenants of the neighboring property located at 2545 Whitehead Lane, Hacienda Heights, CA 91745 (“neighboring property”). Xin Zhao (“Zhao”) and Zhan Li (“Li”) are landlords and owners of the neighboring property. Beginning sometime in 2018 and continuing through the present, I. Guerrero and H. Hernandez have been holding...

Excerpt: ... the Los Angeles Police Department on May 8, 2013. The incident was reported to the Probation Department, which started an administrative investigation. Approximately five years later, Plaintiff received a Notice of Discharge. Plaintiff alleges this act violated his rights under the Public Safety Officers Procedural Bill of Rights, Government Code § 3304(d), and that imposition of discipline against Plaintiff was disparate in comparison to simil...

Excerpt: ... peformed by Defendant Dr. Mark Liker. Plaintiff's post surgical condition, due to both post-operative infections and developing hypoxemia. On October 14, 2019 Plaintiff was diagnosed with a number of conditions, including but not limited to, septic shock and renal failure, which the diagnosing physician, Imad Abumeri, found unrelated to surgery and therefore required no further intervention. On October 20, 2019, Plaintiff underwent a second oper...

Excerpt: ...existence of the documents. Asheet Sharma declaration: Plaintiff's objection 1 is overruled; objection 2 is sustained as to the first two sentences; and objection 3 is sustained as to the second sentence. Luz Price declaration: Plaintiff's objections are overruled, except objection 6 is sustained as to the first sentence (“Once Ms. Gutierrez signed the Addendum to the Employee Handbook”). The Court intends to hold an evidentiary hearing to de...

Excerpt: ...ollectively “Plaintiffs”) filed this action against Defendant Ardis L. Herd, Sr. (“Defendant”). On April 1, 2021, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendant for (1) premises liability, (2) general negligence, and (3) loss of consortium. On May 27, 2022, Defendant filed a motion for summary judgment. Plaintiffs filed opposition papers on August 4, 2022. Defendant filed reply papers on August 11, 20...

Excerpt: ...oss-Defendant Hakop Jack Erzrumyan's Motion for Summary Judgment against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is DENIED. Cross-Defendant Hakop Jack Erzrumyan's Motion for Summary Adjudication against Cross-Complainant Allen Hershberg and Generation TS FBO Allen Hershberg IRA 2750's First Amended Cross-Complaint is GRANTED in Part and DENIED in Part. The Motion is GRANTED ...

Excerpt: ...m. Au gust 18, 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary judgment, or ...

Excerpt: ..., LLC Notice: OK Ruling: The Motion for Summary Judgment/Adjudication is denied. The Motion to Compel is granted in part. Moving parties to 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. I.Motion for Summary Judgment/Adjudication On August 5, 2021, Xu Hai, Fangyu Huang, and Kangying, LLC (“Kangying”) filed a Second Amended Com...

Excerpt: ...igence and premises liability. On December 2, 2020, 99 LLC filed an answer. On December 28, 2020, Hacobian filed an answer. On July 28, 2022, 99 LLC and Hacobian (“Moving Defendants”) filed a Motion for Terminating Sanctions to be heard on August 11, 2022. The Court continued the hearing on this motion to August 18, 2022. On August 10, 2022, Plaintiff filed an untimely opposition. The trial date currently set for April 14, 2023. PARTY'S REQUE...

Excerpt: ...iced in maintaining that party's action or defense on the merits.”¿ (Code Civ. Proc. § 2033.300(b).)¿ “The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission. (2) An order that the costs of any additional di...

Excerpt: ...t adopts Plaintiff's selection process. Each side must pick one arbitrator from the other side's arbitrator list (Plaintiff picked retired judge Diane Wayne). The Court will appoint one of them. BACKGROUND On 6/12/20, Plaintiff filed the complaint. The complaint alleges that Defendants operate a “24-hour Skilled Nursing Facility” in Long Beach, California without a license and that they fail to disclose their unlicensed status to customers. (...

Excerpt: ...ered the moving papers and opposition (no reply was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Coleman commenced this proceeding on October 28, 2021, alleging a cause of action for writ of mandate. Petitioner filed a First Amended and Supplemental Verified Petition (collectively, “FAP”) on January 3, 2022. The FAP alleges in pertinent part as follows. Hadar owns the real property at 87...

Excerpt: ... Fourth through Eighth Causes of Action, during an initial bench trial and to reserve any remaining issues not resolved during the first phase for a subsequent jury trial. The Court noted that five of Plaintiff's declaratory relief claims appear to raise equitable issues that should be tried to the Court. The issues asserted in the five causes of action at issue are: (1) Whether CSSD failed to register its lien concerning 4033 Fairman Street and ...

Excerpt: ...laintiff Candy Lopez (“Lopez”) filed this action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). On December 20, 2018, Quon filed a Cross‐Complaint against Lopez and UPS. On February 28, 2022, Quon filed the operative Fifth Amended Cross‐Complaint against UPS, Lopez, Ruben Duran, Morgan Price (“Price”), Don Tefft, La Shawn Stanford (“Stanford”), Fausto Vargas, and Teamsters Local 396, asserti...

Excerpt: ...reet in Carson. On July 14, 2017, Plaintiff tripped over an unsafely parked pallet jack at the work site. Plaintiff alleges that Defendants did not carry workers' compensation insurance in violation of the Labor Code. Plaintiff sues Defendants for (1) direct employer negligence, (2) negligence, and (3) negligent hiring, training, and/or retention. This motion was originally scheduled to be heard on February 3, 2022 but was continued to allow the ...