Excerpt: ... Sanctions are DENIED. II. Defendant MED (DE) LLC's Motions to Compel Responses to Form Interrogatories (set one), Requests for Production (set one), and Special Interrogatories (set one) as to Plaintiff BRIANA WINGO are ADVANCED from May 1, 2024 to this date and GRANTED. Plaintiff is ordered to serve responses without objections in 20 days. Sanctions are DENIED. Defendant to give notice. Defendant MED (DE) (“Defendant”) owns and operates an ...

Excerpt: ...o. Payments, Inc., and Inter & Co., Inc. (joined by defendant Eliran Grushkowsky on September 8, 2023) RESPONDING PARTY: Plaintiff Forex Express Corp., d/b/a WireCash Motion to Quash Subpoenas for Production of Business Records The court considered the moving, joinder, opposition, and joint reply papers filed in connection with this motion. DISCUSSION Defendants Inter & Co. Payments, Inc., and Inter & Co., Inc. (“Inter Defendants”), joined by...

Excerpt: ...of Cross-Complainant Shan C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1983) 2. Motion to Compel Response of Cross-Complainant Shu C. Kou to Requests for Production, Set One; and Requests for Sanctions for $3,310. (1129) The court considered the moving, opposition, and reply papers. 1. Motion to Compel Response of Cross-Complainant Shan C. Kou to Requests for Production, Set One is GRANTED. Requests for Sanc...

Excerpt: ... City employee on the 134 West freeway in Pasadena. On February 27, 2024, Los Angeles County Metropolitan Authority filed the instant motion to compel responses to the Requests for Production, Set One. Plaintiff filed an omnibus opposition on March 21, 2024. Defendant filed an omnibus reply on April 23, 2024. Before the Court is Defendant LACMA's motion for an order compelling response to Requests for Production of Documents, Set One. Because the...

Excerpt: ...ia and Valerie Mejia (collectively “Plaintiffs”) filed this action against Defendant Vladimir Rozumny. Plaintiffs filed a First Amended Complaint on October 13, 2023 and asserted the following causes of action: 1. Tenant Harassment in Violation of Los Angeles Code §§ 45.33, 45.35 2. Violation of the Tenant Buyout Notification Program (Los Angeles Municipal Code § 151.31) 3. Breach of Covenant of Quiet Enjoyment 4. Nuisance 5. Unfair Compet...

Excerpt: ...opposition on April 17, 2024. Defendant filed a reply on April 23, 2024. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide lati...

Excerpt: ... Inc., and Kyle Shanahan's Motion to Dismiss or Stay Action Pursuant to Code of Civil Procedure § 410.30(a). I. Background A. Pleadings Plaintiff J.P. (Joseph Parker) sues Defendants Eastern Revenue, Inc. (Eastern Revenue), Emmanuel University, Inc., Kyle Shanahan (Eastern Revenue's President), Matt McRee, Joann S. Harper, and Does 1 -30 pursuant to an unsigned October 30, 2023, Complaint a lleging claims sounding in fraud, unfair business pract...

Excerpt: ...arising from an automobile collision. On October 9, 2023, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement upon receipt of settlement funds. Plaintiff now moves for an order to enforce settlement agreement pursuant to CCP § 664.6. Defendant opposes the motion, and Plaintiff filed a reply. 1. Moving Argument Plaintiff argues the parties participated in mediation, and after transmiss...

Excerpt: ...general remodeling services for the property located at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). This estimate did not include overhead and profit, which was billed separately. Plaintiff provided Defendants with h invoices in the amounts of: (1) $9,101.21, (2) $9,646.98, (3) $9,000.00, (4) $6,579.22, (5) $2,774.81, and (6) $657.93, totaling $37,760.15. Invoices #1 -#3 comprised the work that was paid by the in...

Excerpt: ...1. Plaintiff, who is currently 45 years old, alleges that Doe 2, Kevin Huricks (“Huricks”), sexually assaulted him during the 1993-1994 school year, at school when Plaintiff was 16 or 17 years old. (Complaint, ¶¶ 11-15.) Huricks, who is now deceased, was a specia l education teacher's aide at Jordan High School, where Plaintiff was a student. (Complaint, ¶ 14.) Huricks was subsequently criminally convicted in 1993 for committing sexual mis...

Excerpt: ...iff Kimberly Echeverria (“Echeverria” or “Plaintiff”) began working for Elite Veterinary Corporation (“Elite Veterinary”) in July 2021. Echeverria later became pregnant. During her pregnancy, Echeverria suffered extreme morning illness which forced her to miss work or caused her to begin work later than her scheduled shift. Because of her need for intermittent pregnancy leave and modest accommodation, Elite Veterinary reduced her hour...

Excerpt: ...n's Motion to Quash Service of Summons. I. Background Plaintiff Mighty Enterprises, Inc. (Mighty Enterprises) sues Defendants Chung -Hsin Electric & Machinery Manufacturing Corporation (Chung -Hsin) and Does 1 through 100 pursuant to a December 14, 2023, Complaint alleging 14 distinct counts. On January 2, 2024, Mighty Enterprises filed a proof of service for service on Chung -Hsin. The proof of service reflects personal service of the summons, C...

Excerpt: ...d A. Pleadings Plaintiff Michelle Leonard sues Defendants Brian E. Claypool (Brian Claypool), The Claypool Law Firm (Claypool Law), and Does 1 to 20 pursuant to a May 3, 2023, First Amended Complaint (FAC) alleging claims of (1) Legal Malpractice and (2) Breach of Fiduci ary Duty. The claims arise from allegations that, in the course of their legal representation of Michelle Leonard in claims surrounding her injuries arising from the Route 91 Har...

Excerpt: ...4 RELIEF REQUESTED Plaintiff moves for an order compelling Defendant Middleridge Concepts, Inc. dba Bryant Heating and Air Conditioning to provide responses to form interrogatories, special interrogatories, requests for production of documents, and an order deeming the truth of the matters of the requests for admissions admitted. BACKGROUND This is a personal injury premises liability case. Plaintiff alleges that there was an open basement trapdo...

Excerpt: ...gainst Albert Gregory Pinto (“Defendant”) and Does 1 through 25. On August 21, 2023, Plaintiff filed this motion to serve by publication or posting. The hearing has been continued several times. Legal Standard Where no law exists for the service of summons in a particular action, the court may direct that summons be served in a manner which is reasonably calculated to give actual notice to the party to be served and that proof of such service...

Excerpt: ...ion against Defendants and Does 1-10 for: 1. Breach of Contract 2. Common Count On February 13, 2020, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, Plaintiff dismissed the entire action of all parties “pursuant to CCP Section 664.6,” without prejudice. On March 21, 2024, Plaintiff dismissed the complaint against Corpuz and Does 1-10, without prejudice. Legal Standard “If parties to pending litigation sti...

Excerpt: ...rs at their warehouse. Plaintiff provided Defendant with lumpers and sent Defendant invoices. Defendant has failed to pay the invoices. On November 3, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Breach of Contract 2. Common Counts On January 9, 2024, Defendant's default was entered. A Case Management Conference is set for April 30, 2024. Legal Standard “The court may, upon any terms as m...

Excerpt: ...15/2024) TENTATIVE RULING Defendants' Motion to Stay the Civil Proceeding is GRANTED. I. BACKGROUND On September 9, 2022, Plaintiffs Jung Park (“Jung”) and Young Park filed the instant action against Defendants Sofia Sweetheart LLC, Lida Behnam (“Lida”), and Sofia Benham. On December 4, 2023, Plaintiffs filed a Second Amended Complaint alleging the follo wing causes of action: C/A 1: Prescriptive Easement C/A 2: Implied Easement by Necess...

Excerpt: ...February 5, 2024, Plaintiffs filed a First Amended Complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas -Nunez (“Vargas -Nunez”) and Does 1 -50 for: 1. Negligence 2. Statutory Liability A Case Management Conference is set for April 30, 2024. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, o...

Excerpt: ...ages allegations against Defendant Garfield Beach CVS, LLC, erroneously sued and served as CVS Pharmacy, Inc. (CVS) from Plaintiffs' Estate of Anita Y. Raphael, through its personal representative Joseph Rogoff, Charlott e Marion Raphael, individually, through her conservator Joseph Rogoff (collectively, Plaintiffs) complaint. Specifically, CVS seeks to strike the following portions of Plaintiffs' complaint: (1) “punitive damages” at p.3, ¶1...

Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

Excerpt: ...llowing causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On February 1, 2024, the court granted Defendant's motion for summary judgment. On February 23, 2024, Defendant filed a memorandum of costs. On March 1, 2024, Plaintiff filed this motion to tax costs. LEGAL STANDARD The prevailing party is entitled to recover costs, including attorneys' fees, as ...

Excerpt: ...Los Angeles, California (the “Property”). Landlord leased the Property to Defendant Shahin Khajavi (“Tenant”). However, Khajavi does not live on the Property; instead, the Property is occupied by his ex- wife (Nazgol Hemmatian) and his son. Landlord claims Khajavi has failed to pay rent due on the lease. Plaintiff filed a request to enter default judgment which was rejected by the Clerk's Office on October 24, 2023 due to a lack of signat...

Excerpt: ...ber 11, 2023. On January 12, 2024, Defendant filed the instant Motion to Vacate Default. No opposition has been filed to date. Discussion Defendant moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b) and (d), and section 473.5. The Court will consider each statutory basis in turn. Code of Civil Procedure section 473, subdivision (b) Under this statute, an application for relief must be made no mor...

Excerpt: ...rovided negligent drawings, plans, specifications, safety instructions, and designs for Plaint iff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. 2. Motion to Compel Plaintiffs propounded RPDs, FROGs, and SROGs on Defendant, Kern Steel Fabrication, Inc. on 8/04/23. Defendant obtained extensions of time to respond, and ult...