Excerpt: ...., Inc. BACKGROUND This is a lemon law action. On September 30, 2022, Plaintiffs Yuridia Ledesma and Ofelia Arambula filed a complaint against Defendant American Honda Motor Co., Inc. for violation of Song -Beverly Act – Breach of Express Warranty. Plaintiffs entered into a warranty contract with American Honda Motor Co., Inc . regarding a 2020 Honda Accord. Plaintiff alleges Defects and nonconformities to warranty manifested themselves includi...

Excerpt: ...pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis fo...

Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...

Excerpt: ...laintiff Kate Richardson (Plaintiffs) filed suit against her employer, Defendant Wear it to Heart, Inc. for (1.) Wrongful Termination in Violation of Public Policy, (2.) Sexual Harassment in Violati on of FEHA – Hostile Work Environment (Cal. Govt. Code § 12940(j)), (3.) Failure to Prevent Discrimination, Retaliation, and/or Harassment in Violation of FEHA (Cal. Govt. Code § 12940(k)), (4.) Labor Code Section 98.6, (5.) Retaliation in Violati...

Excerpt: ...Factual On January 2, 2024, Plaintiff Dwain Sutherland (“Plaintiff”) filed a Complaint against Defendants Command Guard Services, Inc. (“Command Guard”), Jenard Earnest Ainsworth (“Ainsworth”), Renaissance Homeowner's Association (“Renaissance HOA”), and Ross Morg an & Company (“Ross Morgan”) for (1) negligence, (2) negligent supervision, (3) negligent hiring, and (4) battery. The Complaint alleges the following facts: On ...

Excerpt: ...”) to access the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Hold...

Excerpt: ...IVE] RULING Action Filed: 03/03/22 [1st Amended Complaint Filed: 02/27/23] Trial Date: 10/24/24 Hearing date: 04/17/24 Moving Party: Defendant Department of Social Services Responding Party: Plaintiffs A.B., a minor, C.D., a minor, E.F., a minor, G.H., a minor, by and through their guardian ERICKA ROSAL Defendant's The Court considered the moving papers, opposition, and reply. The Defendant Department of Social Services' Demurrer to Plaintiffs' S...

Excerpt: ...alty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient seda tion and anesthesia was provided”. (Second Amended Complaint (“SAC”) ¶23.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the su rgery a...

Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...

Excerpt: ...nant of Good Faith and Fair Dealing · 6th Cause of Action: Constructive Wrongful Discharge · 7th Cause of Action: Unjust Enrichment · 8th Cause of Action: Theft by False Pretense SUMMARY OF ACTION Plaintiff Kelly Soojin Kim alleges Defendant Jason Lee approached her in “early 2021” to establish a business relationship, whereby Lee would work with Kim at an existing establishment owned and operated by Kim, and identified as Star Night. Kim ...

Excerpt: ... is becoming more like a business and less like a profession. We decry any such change, but the profession itself must chart its own course. The legal profession has already suffered a loss of stature and of public respect. This is more easily understood when the public perspective of the profession is shaped by cases such as this where lawyers await the slightest provocation to turn upon each other. Lawyers and judges should work to improve and ...

Excerpt: ...rtfolio III LLC; and Northland THEA IV LLC (collectively, “Plaintiffs”) filed this action on December 15, 2023 against Defendants Ashley Wynn and Chelsea Wynn (jointly, “Defendants”). The Complaint alleges one cause of action for breach of lease. Defendants appear to demur to the Complaint. Defendants also appear to move to strike the Complaint. [1] Plaintiffs oppose both. Discussion As an initial matter, to the extent Defendants demur to...

Excerpt: ... complaint alleges that Plaintiff entered into an oral agreement with Defendants to provide packaging for Defendants' tea product in exchange for $58,462.80. Defendants have allegedly failed to pay the balance of $30,082.80. On March 13, 2024, Defendants Dr. Sebi's Office, Inc. (DSOI) and Agustin Ruiz Miller (Miller) filed the instant demurrer to the complaint. Plaintiff filed its opposition on April 4, 2024. Defendants filed their reply on April...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges wage and hour violations and termination in retaliation for complaining about his supervisor, Defendant Lee, smoking in the workplace. Defendants filed a Cross-Complaint alleging that Plaintiff/Cross -Def...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...

Excerpt: ...an Sr. (Plaintiff) was working at Defendant G4S Solutions (USA) Inc. (Defendant). On 12/13/22, Plaintiff, representing himself, filed this action against Defendant claiming that while at work Plaintiff was assaulted and battered causing Plaintiff to sustain physical and emotional injuries. Plaintiff also claims that he experienced workplace discrimination and gross negligence by Defendant . Although not entirely clear, it appears that Plaintiff i...

Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...

Excerpt: ... filed their First Amended Complaint (“FAC”) [1] against Defendants SM.Kan Inc. dba 101 Sushi Roll and Grill (“Sushi 101”) and individual Defendant Sungmin Jeon (“Jeon”) [2] asserting the following causes of action: (1) Failure To Pay Overtime Wages In Violation Of Labor Code § 204, 510 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Meal Periods In Violation Of Labor Code §...

Excerpt: ...d objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subdivision (a...

Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...

Excerpt: ...self -represented litigant, filed a complaint against Defendant LAPD Officer Jaime Morales (“Morales”). On November 30, 2022, Plaintiff filed the Second Am ended Complaint (SAC). The SAC alleged that Plaintiff posted a poem to her private Facebook page, and the next morning, on December 14, 2021, police officers came to her house to conduct a welfare check. (SAC, p. 10.) The officers took her to be evaluated. Plaintif f sues the LAPD and Offi...

Excerpt: ... Jovontay Williams is dismissed without prejudice from the First Amended Complaint. Plaintiff Williams never filed or signed the pro per complaint. The Demurrers filed by Defendants Burton and Pension Plan are SUSTAINED without leave to amend. The OSCs are discharged. The Court sets an OSC Re: Imposition of Sanctions for Failure to Timely Request Entry of Default as to Defendants Funding Rush, Inc., Asset Default Management, Inc. and Lil Wave Fin...

Excerpt: ...h an option to purchase 2115 N. Upper Krest St., Los Angeles. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (“DMIF”) had foreclosed on a second d eed of trust. Also, Defendant DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as a strawman or alter ego. Plaintiff's causes of action are: 1) Fraud; 2) Violation Of Anti-Harassment Or...

Excerpt: ...ved a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subd...

Excerpt: ...dural History On July 20, 2020, Plaintiff Aria Resort & Casino Holdings, LLC (ARC), a Nevada limited liability company, filed an application for entry of judgment on sister -state judgment. The application involved a $145,578.82 Nevada state court judgment in favor of Pl aintiff ARC as against Defendant Han Yeo, an individual residing in Glendale, California. That same day, the Clerk entered the sister -state judgment against Defendant Yeo. Later...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. TENTATIVE RULING The motion to compel arbitration and stay proceedings is GRANTED as to Plaintiff's individual PAGA claim and Plaintiff's individual wage and hour claims. Plaintiff's representative PAGA claim shall remain i...

Excerpt: ...Gender); 3. FEHA Discrimination (Disability); 4. FEHA Fa ilure to Accommodate Disability; 5. FEHA Failure to Engage in the Interactive Process; 6. FEHA Retaliation; 7. Violation of the California Family Rights Act (CFRA); 8. Retaliation in Violation of the California Family Rights Act (CFRA); 9. FEHA Failure to Take All Reasonable Steps to Prevent Discrimination, Harassment, and/or Retaliation; 10. Violation of Lab. Code § 1102.5; 11. Violation ...

Excerpt: ...ollowing causes of action: (1) discrimination; (2) hostile work environment; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodation; (5) failure to engage in the interactive process; (6) failure to prevent discrimination, harassment, and retaliation; (7) negligent hiring, supervision, and retention; (8) wrongful termination in violation of public policy; (9) breach of express oral contract; (10) breach of implied -i...

Excerpt: ...y judgment in Defendant Balenciaga's favor for the entire Complaint; 2. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Plaintiff was not subjected to intolerable or aggravated working conditions and a reasonable person in Plaintiff's position would not have resign ed; 3. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Pla...

Excerpt: ...ving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Defendants are ordered to lodge a proposed judgment. BACKGROUND On September 28, 2021, plaintiff Oscar Austen Reyes (self -represented) filed a complaint against LA Smiles Dentistry, All in One Dental, Moshe Ezidi, Pedram Sooferi, and Pedram Sooferi, D.D.S.,...

Excerpt: ...ether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to ...

Excerpt: ...rative hearing relating to allegations of sexual misconduct. The court (Beckloff, J.) denied the writ and entered judgment in favor of Respondents. Petitioner filed a timely appeal, and the District Court of Appeal, Division Five, affirmed the judgment. Now, Respondents seek to amend the judgment to enter costs in the amount of $5,813.70, and to include Petitioner's true name on the judgment. The motion is granted in part and denied in part. A. C...

Excerpt: ...II (Morgan) in numerous legal matters. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum ...

Excerpt: ...logies, LLC, a separate entity 50% owned by Flyer Technologies. In 2000, Flyer Technologies entered into a joint venture agreement with Marvin Engineering Co., Inc. for a project involving the developments and sale of lightweight tactical all- terrain vehicles to the United States Marine Corps. Flyer agreed to license its intellectual property to Marvin Engineering, and transferred its subsidiary, Flyer Defense, LLC. Flyer Technologies retained a...

Excerpt: ...tion for leave to submit tardy expert witness information under Code of Civil Procedure sections 2034.710 and 2034.720. Trial is currently scheduled for May 1, 2024. No opp osition has been filed. LEGAL STANDARD Code of Civil Procedure section 2034.710 states the following: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that in...

Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...

Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...

Excerpt: ...ities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite being unable to conform the vehicle to the express warranties after a reasonable amount of ti...

Excerpt: ...e arises out of Ziming He's (“Plaintiff”) claim that Defendant Wing Ho (“Defendant”) breached a contract where Defendant agreed to pay Plaintiff $211,172.74 to build an accessory dwelling unit (“ADU”). Plaintiff filed a first amended complaint (“FAC”) on March 21, 2023 alleging one cause of action for breach of contract. TENTATIVE RULING Defendant's motion for attorney's fees is GRANTED for a total of $24,395.00. LEGAL STANDARD �...

Excerpt: ...zanne M. Curtis filed a complaint against Defendants AIG American General Assurance Company, American General Assurance Company, American International Group, Inc., Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company, L. Dorais, and Brian Forsyth for breach of contract and fraud. Plaintiff dismissed AIG American General Assurance Company on January 17, 2023. Defendants Transamerica Life Ins. Co and Transamerica Premie...

Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...

Excerpt: ...a Motor Co., Inc. (Defendant) and Does 1 through 10, alleging causes of action for Violation of Song -Beverly Act – Breach of Express Warranty, Violation of Song- Beverly Act – Breach of Implied Warranty, and Violation of the Song -Beverly Act Section 1793.2. On February 21, 2024, Defendant moved to compel binding arbitration. On April 3, 2024, Plaintiff opposed the motion. On April 9, 2024, Defendant replied. LEGAL STANDARD Parties may be co...

Excerpt: ...its litigation of Plaintiff's representative Private Attorneys General Act (“PAGA”) claim. The Court: * finds the remainder of the agreement enforceable; * compels Plaintiff's individual claims to arbitration; * strikes the class claims; and * stays the case as to the representative PAGA claim pending completion of the arbitration. BACKGROUND Plaintiff worked for Defendant. She alleges that Defendant subjected her and the putative class membe...

Excerpt: ...ndants rely on arbitration provisions in two collective bargaining agreements (CBAs) in effect from 2018-2022 (Heermance Decl., Ex. A) and 2022-2026 (id., Ex. B), respectively. Plaintiff argues there is no agreement because the parties did not sign the CBAs. Individual members of a union are not required to sign the CBA. (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 542 (Mendez) [despite not signing, “as a member of th...

Excerpt: ...valid arbitration agreement. Plaintiff Sam Navid did not meet their burden to prove a defense to enforcement. The action is stayed pending resolution of arbitration pursuant to CCP §1281.4. Defendant Tesla Motors, Inc.'s RJN is GRANTED. Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act, hereinafter “FAA”) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section...

Excerpt: ... moved to compel arbitration and to stay Plaintiff Sherwin Partowashraf's (Plaintiff) action. Defendant requested judicial notice of Plaintiff's Complaint. Discussion In deciding a motion to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement . (Hyundai Amco America, I...

Excerpt: ...DOCUMENTS Procedural Background On June 4, 2020, Plaintiff Clark & Trevithick (“Plaintiff”) filed the instant conversion action. On February 4, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) conversion action against defendants James Glen Jasper; Brandon J. Jasper; Nicholas J. Jasper; Haley N. Sanderlin; Brizo Dressing, LLC; JTL Jasper Logistics, LLC; and Vivian Jasper. The FAC alleges six causes of action for: (1) Co...

Excerpt: ...session, custody, or control since July 8, 2021 and have b een used to access certain email accounts. The specific discovery items at issue are Request for Production Nos. 7 -10. The Court GRANTS Defendant's motion. Plaintiff shall make the laptop available within ten days of this order. Defendant may instruct the third -party to conduct searches limited to the search terms proposed by Defendant on March 29, 2024. The Court DENIES Defendant's req...

Excerpt: ...the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer FedEx argues plaintiff did not meet and confer about requests for production Nos. 82-87 and 91 -97. Plaintiff's first meet and confer letter discusses the disputes over these requests for production. (Butzen Decl., Ex. 5, p...

Excerpt: ...oCal, Inc. (“Plaintiff”) entered into an assignment agreement with Behavior Resources, Inc. (“BRI”) whereby Plaintiff acquired all of BRI's rights relating to the wrongful conduct of Defendant Stephanie Alvarez (“Defendant”). Plaintiff alleges that Defendant, during her employment with BRI, from approximately 2016 through her termination in January 2023, stole and/or embezzled approximately $228,000.00 from BRI. Among other things, Pl...

Excerpt: ...to Compel Further Responses to Set One of Defendant Rochelle Sterling, as Trustee of the Sterling Family Trust's Special Interrogatories and Request for Sanctions The Court has considered the moving, opposition, and reply papers. The motion is DENIED as it is untimely under CCP § 2030.300(c). Background This action arises from the alleged failure to warn residents, visitors, and workers that they have been exposed to asbestos containing material...

Excerpt: ...ngeles (“COLA”), which was ultimately denied on May 21, 2018.¿ ¿On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public ...

Excerpt: ...intiff Gary Trent Stephens filed his complaint against Jason Fladien and Alexis Woodford. On October 17, 2021, Plaintiff filed an amendment to complaint adding Molly Fladlien as Doe 1. In Case No. 22CHCV01468, on December 21, 2022, Nathan Pratt, a minor by and through his Guardian Ad Litem Andrea Rocha, filed a complaint against Alexi Jean Woodford, Jason Fladlien, Gary Trent Jong Sou Stephens, and Nancy Michelle Simon Perez. In Case No. 22CHCV01...

Excerpt: ...ritten agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2...

Excerpt: ...imited to, AdSense “Auto Ads”; Google Ad Manager; Google Ad Exchange; Google Ads; and DV360, all without compensation to ReactX. Defendant Google now moves for summary adjudication of the First, Second, and Third Causes of Action in the Second Amended Complaint. Plaintiff ReactX opposed. TENTATIVE RULING: Google's Motion for Summary Adjudication is DENIED. ReactX is ordered to give notice. DISCUSSION: Motion for Summary Adjudication I. Judici...

Excerpt: ...onnie Perez aka Ron Perez dba Ron's Cr ete Construction adba Ron's Construction (“Defendant”) on January 30, 2023. Perez Defendants filed the instant Answer on April 25, 2023. Plaintiff filed a Motion to Compel Responses to Demand for Production of Documents, Set One and Special Interrogatories, Set One on October 3, 2023. On November 1, 2023, the Court granted the Motions to Compel Responses. Plaintiff filed the instant Motion for Terminatin...

Excerpt: ...covery. (Wysocky Decl., ¶ 3.) On October 17, 2023, the Court ordered Plaintiff to serve responses. ( Id., ¶ 4.) Plaintiff did not do so. ( Id., ¶ 5.) Defendant moved for terminating, issue, evidence, and monetary sanctions; on February 5, 2024, the Court denied Defendant's motion for terminating or issue sanctions, granted Defendant's request for evidentiary sanctions, and ordered Plaintiff to pay monetary sanctions of $900.00. ( Id., ¶¶ 6 -...

Excerpt: ...nd motor vehicle negligence, stemming from a vehicle collision that occurred on Marc h 18, 2021. On February 9, 2024, this court granted Plaintiffs' motions to compel Defendant's responses to form interrogatories, special interrogatories, and request for production of documents. Defendant was ordered to serve responses without objections within 20 days of date of the orders. On March 8, 2024, Plaintiffs filed this motion for terminating sanctions...

Excerpt: ...ictoria and Defendant Andrea Salazar (“Andrea”) worked at a BJ's Restaurant. On February 16, 2019, Andrea was babysitting Victoria's 4 -year -old son Ethan when, without Victoria's knowledge, Andrea took Etha n to a party at a house owned by her brother, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagge...

Excerpt: ..., the District seeks summary adjudication of the following issues: (1) Plaintiff's 3 rd and 5 th causes of action for negligent supervision and retention must be dismissed because the District and its employees had neither actual nor constructive notice of Defendant Marguerite Lagnado's (Lagnado) propensity to sexually abuse minors (Issue No. 1) (3 rd and 5 th causes of action); (2) The District did not breach any duty to report Lagnado's sexual ...

Excerpt: ...xistence and not as to any hearsay or facts in dispute. Cross-Complainants' request for judicial notice is GRANTED only as to Exhibits 11 and 12 and DENIED as to the remainder. Introduction Cross-Defendant Karen Dr LLC (LLC) moves for summary judgment or alternatively for summary adjudication against the Third Amended Cross- Complaint (TAXC) filed by Cross-Complainants RICHARD KHATIBI, an individual, d.b.a. RICH ESTATE PROPERTIES (“Richard�...

Excerpt: ...ntract case arises from a dispute regarding the amount of back rent Defendants allegedly owe Plaintiff in connection with a residential property lease. On September 26, 2022, Plaintiff SM 10000 Property LLC (“Plaintiff”) brought suit against Defendants Nicolai Bergman (“Nicolai”), Amanda McDermott -Bergmann (“Amanda”), and Nicolai Bergmann KK (“Nicolai KK”). Amanda answered the complaint, but default was entered against Nicolai an...

Excerpt: ...NE LUGO, an individual; MOHAMMED KHALID, an individual; ZAHID BUTT, an individual; and DOES 1 – 50, inclusive, Defendants . Case No.: 20STCV47489 [Related Case No. 19STCV37948] Hearing Date: 4/16/24 Trial Date: 11/26/24 [TENTATIVE] RULING RE: Plaintiff/Cross -Defendants Samuel Kim and Cali Blue Sky Investment, Inc. 's Motion for Summary Adjudication. I. Background A. Pleadings Framing Motion Plaintiff/Cross-Defendants Samuel Kim and Cali Blue S...

Excerpt: ...Cross- Complaint. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is a motion for summary adjudication on the Cross -Complaint filed by Cross -Complainant Commercial Loan Servicing, LLC (CLS) against Defendants Lawrence Feigen (Feigen), Jeffrey Ahlholm (Alholm), and SA Hospital Real Estate Holdings -Jefferson, LLC (SA Hospital). CLS brought causes of action for breach of contract, breach of guar...

Excerpt: ...BS Group, and Radford Studio Center, Inc. for injuries arising from the delivery and unloading of steel beams to the premises located at 4024 Radford Avenue, Studio City, wherein the steel beams fell on Plaintiff. (Compl. at 14.) The complaint sets forth against all defendants two causes of action for (1) negligence and (2) premises liability. Defendant Norman Industrial Materials dba Industrial Metal Supply, Inc. ("IMS") now moves for summary ju...

Excerpt: ... they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. This action was filed on August 28, 2019. On January 17, 2023, the Second Amended Complaint (“SAC”) was dismissed. On March 9, 2023, this dismissal was set aside, subject to the condition that Defendants' expenses be paid. On October 12, 2023, the Court ruled that the aforementioned expenses totaled $16,420.50 and that they must be p...

Excerpt: ...of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the applica tion shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has disc ...

Excerpt: ...) understood the sensitive nature of the information she had access to. Plaintiff presents that the confidential and proprietary information that Tan had access to was protected by password authorization. Plaintiff further alleges that after leaving employment, Tan (1) started a payroll processing business after she left her employment; (2) download ed confidential and proprietary information from Plaintiff's database and used the information to ...

Excerpt: ...us Webster's Motion to Compel Further Responses and Document Production to Requests for Production of Documents and Request for Sanctions; and The Regents of the University of California's Opposition Request for Sanctions. Court Order I. Background A. Pleadings Plaintiff Marcus Webster sues Defendants the Regents of the University of California (the Regents)—as owner, operator, and/or entity controlling medical clinics and hospitals that are pa...

Excerpt: ...18, Plaintiff filed a copy of its settlement agreement with Ayon with a request for dismissal and retention of jurisdiction under Code of Civil Procedure Section 664.6. The Court granted the request for dismissal with retention of jurisdiction on August 31, 2018. (Stip and Order for Settlement, 08/31/18.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement Agreement, and Enter Judgment on January 30, 2024. No opposition has...

Excerpt: ...g Kong based company authorized to conduct business in California alleges an unspecified defaulted balance owed by defendant RLoom LLC (RLoom) in 2022. On February 8, 2023, RLoom and defendant D. Mas in Consulting, LLC (D. Masin) executed a “General Assignment for the Benefit of All Creditors,” whereby all assets were subject to liquidation for payment of outstanding debts. Also on February 8, 2022, D. Masin and RLoom Design Corp. aka Newstyl...

Excerpt: ...ich was vested in the name of Plaintiff's n ow deceased spouse, Ms. Gamez. As a result of a 50% spousal property petition and purchasing the remaining 50% from Ms. Gamez's estate, Plaintiff holds 100% interest in the subject property. Defendant Zendejas was a close friend of Plaintiff whom Plaintiff relied on to assist with numerous tasks. Eventually, Zendejas and his family moved into the property and relocated Plaintiff. In April 2023, Plaintif...

Excerpt: ...action for violations of the Labor Code, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendants failed to pay him an hourly wage, only paid him a stipend, and failed to permit statutory breaks. When Plaintiff complained, Defendants retaliated by constructively terminating Plaintiff's employment. 10/31/2023 Default Entered 4/5/2024 Doe Dismissal Entered Plaintiff seeks damages and statutory penal...

Excerpt: ...y of default judgment against Defendants Libra Hollywood, LLC and John Greenwood (jointly, "Defendants"). Plamtiffs seek judgment in the total amount of $34,600.10, comprising S28,927.67 in damages, $3,163.82 in interest, $1,155.87 in costs, and $1,352.74 in attornevs fees. The Court notes a number of defects with the submitted default judgment package. First, Item 1 (a) of the Request (Form CIV-OO) incorrectly states that the Complaintin this ac...

Excerpt: ...: George Hall, Jr. and Donna Hall (collectively, “the Halls”) filed a Statement of Claim with [the Financial Industry Regulatory Authority (“FINRA”)] on June 15, 2021 naming Securities America, Inc. as the Respondent in the action styled Donna T. Hall and George E. Hall Jr., as Trustees of the Hall Trust DTD 3/23/15 v. Securities America, Inc., FINRA No. 21 -01517 (“Hall Action”). [Citation.] The claims related to the handling of thei...

Excerpt: ...rs the following tentative decision. A. Statement of the Case 1. Petition Petitioner Elemuren commenced this proceeding on July 5, 2023, alleging causes of action for administrative mandamus and breach of contract. The verified Petition alleges in pertinent part as follows. On July 26, 2020, while Elemuren was pursuing his degree for a Psychiatric -Mental Health Nurse Practitioner (“PMHNP”) and in good standing with CDU, a dispute arose regar...

Excerpt: ...ainst Attorney Karen Rooney is denied. Defendants Sara Van Horn (“Sara”) and Patrick Van Horn (“Patrick”) (collectively, “Defendants”) move for an order for an order to show cause why Plaintiff The Woman's Club of Hollywood, California's (“Woman's Club”) (“Plaintiff”) former counsel, Karen Roon ey (“Rooney”) should not be held in contempt of this Court's March 4, 2024, Order. (Notice of Motion, pgs. 1 -2.) Defendants reque...

Excerpt: ... as to Requests for Admission is granted. The Motions as to Requests for Production are denied. 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. On September 20, 2022, Plaintiffs Wei Chen, Weifeng International, Inc., and AIIC 17 YM Culver City, LLC filed the operative First Amended FAC (“FAC”) against Defenda...

Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...

Excerpt: ... Angeles, Count y of Los Angeles, State of California, and Does 1 to 50 for negligence surrounding a motor vehicle accident. Plaintiff alleges that on December 5, 2022, Defendant Clayton Tell Anderson collided with her vehicle while in the scope of employment with the co -defendants in this action. (Complaint ¶ 26.) Between January 25, 2024 and February 13, 2024, the Court dismissed the following defendants pursuant to Plaintiff's request: Count...

Excerpt: ...laratory relief. On February 22, 2024, Defendant filed this motion to transfer this action to the Superior Court of the County of Orange. LEGAL STANDARD “[A] motion for change of venue must satisfy two requirements: (1) it must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable t heory.” (La Miranda Community Hospit...

Excerpt: ...d Daniel Ramirez (“Ramirez”) for damages arising from a dog bite incident. The complaint sets forth two causes of action for general negligence and strict liability. The complaint includes a prayer for punitive damages. Defendant Mehrdad Azizi, erroneously sued as Michael Azizi, (“Azizi”) moves to strike the prayer for punitive damages. Plaintiff opposes the motion, and Azizi filed a reply. II. MOTION TO STRIKE 1. Procedural Standard Befo...

Excerpt: ... summary adjudication as to Pithawalla but not as to his fellow plaintiff B&S Ventures Inc. (“BSV”). The Court DENIES Pithawalla's motion to strike. The Court GRANTS Pithawalla's motion to tax costs. The Court awards AmGuard costs in the amount of $921.05. Background Plaintiff B&S Ventures Inc. (“BSV”) is a Wingstop franchisee that owns and operates several Wingstop restaurants, including one located at 1685 Pacific Coast Highway, Unit D,...

Excerpt: ...Siaki, crashed through the restaurant while being pursued by the Sheriff 's Department. Plain tiff alleges that Defendant, International House of Pancakes (“IHOP”), was negligent in failing to install barriers for the outdoor seating area, which was improperly inspected and permitted by the City of Carson. Plaintiffs allege claims for negligence an d wrongful death. II. ARGUMENT S Defendants, Dine Brands Global, Incl; Dine Equity, Inc.; and I...

Excerpt: ...ponses previously served within 15 days after the date of this order. In the event that verified versions of the responses previously served are not served within 21 days after the date of this order, Defendant's objections are waived and Defendant must then serve verified responses without objections within 10 days after th e 21 day deadline has passed. Plaintiff's requests for sanctions are GRANTED in the amount of $2,384.95 jointly and several...

Excerpt: ...hip, SRHT PROPERTY MANAGEMENT COMPANY, a California Public Benefit Corporation, and DOES 1 through 30, inclusive, Defendants. Case No.: 24STCV00739 Hearing Date: 4/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant St. Mark's Fifth Street Partners and SRHT Property Management Company's Motion to Strike Portions of Plaintiffs' Complaint. I. Background A. Pleadings Plaintiffs Dean Harper, Alma Mendez Salazar, Augustine Adkins, Spencer Anderson,...

Excerpt: ...ke Portions of Plaintiff's Complaint Pursuant to CCP § 425.16 The Court has considered the moving papers. No opposition papers were filed. The motion is GRANTED. Background This action arises from the filing of an unlawful detainer action, LASC Case No. 22STUD06657 (the “UD Action”), against Plaintiff Derrick Lamont Beverly (“Plaintiff”) by Fox Normandie Apartments, LP. (Complaint at p. 1:18 -28.) On April 14, 2023, Plaintiff filed a Com...

Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti -SLAPP) (the “M...

Excerpt: ...ey's “mistake, inadverte nce, 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 mu...

Excerpt: ...d Haghighat Family Trust, and Does 1 to 50 for injuries arising from a metal gate coming off the rail, which caused Plaintiff to fall backwards on concrete. On September 6, 2022, Plaintiff filed amendments to complaint correcting the name of defendants Daria Trs to Daria Haghighat, Trustee of The Haghighat Family Trust, and correcting the name Hooshang Haghighat to Hooshang Haghighat, Trustee of the Haghighat Family Trust. F urther, dismissal was...

Excerpt: ...sidered the moving and opposition papers. No reply papers were filed. The motion is DENIED. Background This action arises from the breach of a month- to-month rental agreement for a property located at 10523 Selkirk Lane, Los Angeles, CA 90077 (the “Property”). On August 29, 2023, Plaintiff Thuong Luong (“Plaintiff”) filed a Complaint against Defendants Veronika Mikhaylova (“Defendant”) and DOES 1 through 100, inclusive, alleging a si...

Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...

Excerpt: ...an employment dispute. Plaintiff Jane Doe was employed as a server for Defendant The Huntley Hotel (the “Huntley”) from 2016 until her constructive termination on May 13, 2022. (First Amended Complaint (“FAC”) ¶¶18, 45.) Plaintiff alleges she was attacked and sexually assaulted by Defendant Ryan Jackson (“Jackson”), a co -worker, outside of work. (FAC ¶ 18.) Despite being told about the assault, Defendant Eman Rivani, the food & be...

Excerpt: ... Trustee of the Albert S. Smith, Jr. Separate Property Trust Dated November 8, 2002 (“Smith”) filed this action on October 8, 2020 against Defendants Walter Perkins, Henry A. Thomas, Trustee of the Henry A. Thomas Trust dated 2/12/2 007, Orange Coast Title Company, and Emerald Escrow, Inc. (“Emerald”). On October 15, 2021, Smith filed the operative First Amended Complaint (“FAC”), asserting causes of action for (1) fraud, (2) cancella...

Excerpt: ...re strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. This is a habitability matter. Defendant D&A Endeavors, Inc. seeks to exclude or limit the testimony of Plaintiffs' expert, Shilpa Sayana, M.D., because “she intends to opine that [Plaintiff] Roth suffered from a panoply of medical conditions causally rel ated to the mold exposure, including ‘brain fog', fatigue, immunosuppression, chronic ...

Excerpt: ...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. No opposition has been received. Plaintiff requests to deposit with the Court the full penalty of the Bond in the sum of $15,000 and to be discharged from all liability asserted against it with respect to the...

Excerpt: ...aintiff Young Chow Dai a Vexatious Litigant on March 15, 2024. On April 5, 2024, Plaintiff filed an opposition. No reply has been filed as of date. Discussion Vexatious Litigant Code of Civil Procedure Section 391, subdivision (b), defines a “vexatious litigant” as a person who, “[a]fter a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity ...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...