Excerpt: ...(Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. Following a bench trial, the Court issued its Statement of Decision on December 19, 2023, in favor of Defendant and against Plaintiff. On March 4, 2024, Defendant filed a motion for attorney's fees. On March 28, 2024, Plaintiff opposed the motion. Defendant did not reply. LEGAL STANDARD “The following items are allowable as costs under Secti...

Excerpt: ...2022, Plaintiff Vedres Family Investment Partnership, LP filed an unlawful detainer action against Defendant Payam Marouni MD, Inc. Plaintiff's request for entry of default was entered against All Unknown Occupants in Possession on August 3, 202 2. Plaintiff filed a First Amended Complaint naming Defendant Payam Marouni on October 31, 2022; however, Defendant Marouni was dismissed on February 22, 2023. On November 15, 2023, Defendant Payam Maroun...

Excerpt: ...nd Cross -Complainants MLA Money Purchase Pension Plan (“MPPP”) and MLA Defined Benefit Pension Plan (“DBPP”) (collectively “MLA Defendants”) RESPONDING PARTY: Unopposed The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND On ...

Excerpt: ...but still owes Plaintiff $100,465.58. On August 24, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 - 10 for: 1. Breach of Written Agreement 2. Goods Sold and Delivered 3. Account Stated 4. Unjust Enrichment A Case Management Conference is set for April 11, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment i...

Excerpt: ...on Reply Papers: No Reply as of 4/5/2024; Reply would have been due 4/4/2024 RELIEF REQUESTED Defendants demur to the Amended Complaint (AC) as follows: 1. The First Cause of Action for Breach of Contract fails to state facts\ sufficient to constitute a cause of action (CCP §430.10(e)); 2. The Second Cause of Action for Common Counts fails to state facts sufficient to constitute a cause of action (CCP §430.10(e)); 3. The Third Cause of Action f...

Excerpt: ... TENTATIVE RULING: The demurrer is overruled as to Plaintiffs' third cause of action, and sustained as to the fourth, fifth, seventh and eighth causes of action without leave to amend. Moving Defendant to file an answer to Plaintiff's SAC, as modified, within 30 days. BACKGROUND Plaintiffs bring this action alleging personal injury and monetary damages arising from bedbug bites they sustained in February 2018 while residing at an apartment comple...

Excerpt: ...of Action for Declaratory Relief RULING : Demurrer is sustained to the entire cross -complaint on the basis that the cross- complaint was untimely filed. Alternatively, demurrer is sustained to each cause of action individually. SUMMARY OF ACTION Plaintiff and Cross-Defendant Gary Vincent Nevieux (Nevieux) filed a complaint against Defendants and Cross -Complainants Edward Arthur Hews and Douglas Hews (the Hews) to return the property of Nevieux ...

Excerpt: ...rike The court has considered the moving, opposition, and reply papers. The court SUSTAINS William Rawlings' demurrer to the third and sixth causes of action of the First Amended Complaint, with 20 days leave to amend. The court SUSTAINS William Rawlings' demurrer to the fifth cause of action of the First Amended Complaint without leave to amend. The Motion to Strike is MOOT because the court sustained the demurrer with leave to amend as to the t...

Excerpt: ...of Los Angeles, and Los Angeles Housing Department. The Complaint alleged causes of action for (1) abuse of process, (2 ) “Civil Code § 1714(A) (Negligence and Duty of Care)” (3) “Govt. Code § 814 (Breach of Contract)” (4) “ Govt. Code § 815.2 (Government Entity Respondeat Superior Liability…)” (5) declaratory relief, (6) civil conspiracy, (7) replevin, (8) breach of an express contract, (9) deceit based on concealment, (10) conv...

Excerpt: ...d Patrick Ortiz where Defendants were to find Plaintiff a suitable tenant for their commercial building. Plaintiff alleges Defendants represented to Plaintiff they found a tenant who would run a legal smoke shop and ran a background check on the tenant; however, these representations were false. Plaintiff alleges Defendants did not run a background check and the tenant operated a cannabis shop in violation of the agreement and as prohibited by th...

Excerpt: ...ration with 35 or fewer shareholders” may bring an action for involuntary dissolution when “liquidation is reasonably necessary for the protection of the rights or interest of the complaining shareholder.” (Corp. Code, § 1800(b)(5).) “[T]he grounds for” dissolution under this subdivision “are relatively more liberal than those set out in the other provisions of section 1800.” (Bauer v. Bauer (1996) 46 Cal.App.4th 1106, 1116.) Plain...

Excerpt: ...Opposition Papers: Opposition Reply Papers: Reply RELIEF REQUESTED Defendant, Chase, demurs to the Third Amended Complaint (TAC) on the following grounds: 1. The First Cause of Action does not state a cause of action because th\ e common law negligence cause of action is displaced and preempted by the \ comprehensive scheme of regulation in California's enactment of Division\ 11 of the California Commercial Code applicable to wire transfers. ...

Excerpt: ...n arising from Plaintiff's tenancy with Defendants. On March 4, 2023, Defendant Burbank Rogers Place I, LLC (“Defendant”) filed its Demurrer and its Motion to Strike. In support of each of these filings, Defendant concurrently filed a Declaration of Samuel D. Frasher and a Proposed Order. On March 13, 2024, Plaintiff filed his Oppositions to the Demurrer and the Motion to Strike. On April 4, 2024, Defendant filed its Replies in support of the...

Excerpt: ...er Steigleder (Cross -Defendant) filed a Complaint alleging (1) breach of contract, (2) open book account, and (3) account stated against Defendant Garnik Badalyans (Cross- Complainant) on December 6, 2022. Cross -Complainant filed a Cross- Complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud against Cross -Defendant, on January 20, 2023. On June 29, 2023, the Court sustained Cross -Defendant'...

Excerpt: ...ing papers and Plaintiff's Notice of Non- Opposition as to the following motions: 1) Motion for Order Deeming Admitted the Truth of Facts and Genuineness of Documents and Imposing Monetary Sanctions against Victor Chongman Pa k (“Pak”) or his Counsel (the “RFA Motion”); 2) Motion to Compel Verified Responses without Objections to Special and Form Interrogatories, and for Sanctions against Pak or his Counsel (the “Interrogatory Motion”...

Excerpt: ...he moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition On April 4, 2023, Petitioner Mars filed the Petition against Cruefest, Records, Masters 2008 (collectively “Respondent LLCs”), RWC, Mötley Crüe Touring, Inc. (“MCT”), Mötley Crüe, Inc. (“MCI”), and Masters 2000, Inc. (“Masters 2000”). Mars alleged a cause of action for traditional mandamus under Corporati...

Excerpt: ...z, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Plaintiff's First Set of discovery, including Form Interrogatories – Employment Law (“Employment Interrogatories”). Quik Tow did not serve responses. On June 22, 2023, the court granted Plaintiff's motion to compel responses to the Employment Interrogatories. On December 22, 2023, the court granted Plaintiff's motion to compel further responses to the empl...

Excerpt: ... December 12, 2022. Defendant now moves for judgment on the pleadings based on the Request for Admissions that were deemed admitted against Plaintiff. Plaintiff opposes and Defendant replies. LEGAL STANDARD The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears tha...

Excerpt: ...ors, LLC, alleging that she purchased a defective 2017 Chevrolet Tahoe (the “Vehicle”) which Defendant's failed to conform to the Vehicle's express warranties. On July 20, 2023, Plaintiff filed the First Amended Complaint (FAC), asserting causes of action for: 1. Breach of Implied Warranty of Merchantability under the Song- Beverly Act 2. Breach of Express Warranty under the Song- Beverly Act 3. Breach of Express Warranty under California Com...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...ugust 11, 2022, the Court dismissed the entire action without prejudice pursuant to Code of Civil Procedure § 581(b)(3), when Plaintiff did not appear for Non- Jury Trial. On August 22, 2023, Plaintiff filed the instant motion seeking to set aside the dismissal pursuant to Code of Civil Procedure § 473(b) and seeking reconsideration of the dismissal pursuant to Code of Civil Procedure § 1008. Legal Standard Under Code of Civil Procedure § 100...

Excerpt: ...s and databases due to suspicion of potential identity theft. Kartch specifically represents that a business entity identified as DAGUT Group Inc., and agent for service David Gutierrez unlawfully uses Kartch's personal address in its corporate registration documents with the California Secretary of State. RULING: Continued. Petitioner David Kartch moves for relief pursuant to Civil Code section 1798.201: “A person who has learned or reasonably...

Excerpt: ...N (“MEHSERDJIAN”) (collectively, “Plaintiffs”) allege the following against Defendant SIM ON DAVID MCPHERSON (“MCPHERSON” or “Defendant”): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint ¶¶8, 11.) Each share an equal, one-third ownershi p share, comprising of 33.3% each. (¶12.) Around May 2023, McPherson allegedly start...

Excerpt: ...roughout 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 of informed consent, (3) med...

Excerpt: ..., 2024 RELIEF REQUESTED Plaintiff moves for summary adjudication as to his claim for quiet title. BACKGROUND This case arises out of Plaintiff Mikayel Israyelyan's (“Plaintiffs”) claim that Defendant Krikor Bardakjian (“Defendant”) improperly transferred property held by 485 Cliff Dr, LLC to himself. Plaintiff alleges that he and Defendant were both 50 percent members of 485 Cliff Dr, LLC and worked to purchase, invest in, and renovate pr...

Excerpt: ...aintiff's requests for judicial notice are granted. Evidentiary Objections Plaintiff makes one evidentiary objection to the “Declaration of Hosea Paragraphs 1 – [sic]”. The objection is overruled. RE/MAX, LLC makes five objections to the declaration of Odalis Suarez. All five objections are overruled. Legal Standard for Summary Judgment A defendant moving for summary judgment or adjudication must show “that one or more elements of the cau...

Excerpt: ...D This is an unlawful detainer action. On September 29, 2022, plaintiff Great New World Equity LLC (Plaintiff) filed this action against defendant Zhou's Investment & Management, Inc., dba The Noodle (Defendant), alleging the sole cause of action for unlawfu l detainer. On March 11, 2024, Plaintiff filed a motion for summary judgment. On March 27, 2024, Defendant opposed Plaintiff's discovery motions. Defendant has not opposed the motion for summ...

Excerpt: ... Complaint against Defendants Agent Alliance Insurance Company, Juana Elvia Contreras, and Katherine Anne Yording (collecticely “Defendants”) alleging bad faith, breach of contract, and negligence. On January 26, 2024, Defendant Agent Alliance Insurance Company (“Defendant”) filed the instant motion for summary judgment. On March 28, 2024, Plaintiff filed an opposition. To date, no reply has been filed. Discussion Plaintiff alleges he ren...

Excerpt: ...ayments to be rejected, resultin g in no payment from customers. In August 2018, trial was separated in the following order: (1) the individual customers were to be tried first; (2) then Gilbarco; (3) then the payment processors (BAMS defendants); and (4) lastly, the customers' banks. Plaintiff's claims against the individual customers were tried in March 2019. Plaintiff's claims against Gilbarco were tried in March 2022. The March 2022 trial res...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...Baker”) and Stampede Way, LLC (“SW”) (jointly “Plaintiffs”) filed the instant legal malpractice and fraud action. On November 5, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Darrell Avis, InterSwiss Holdings Group, LLC, Swiss Management Group, LTD., Klueger & Stein, LLP, Jacob Stein, SwissGuard International, GMBH, SwissTrust International Inc., and SMG SwissTrust Holdings SA. On March 10,...

Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...

Excerpt: ...nd through his guardian ad litem, Bertha Ramirez, ("Plaintiffs"), individually and as successors in interest to Lucas Obdulio Perez Vicente ("Decedent"), filed this action against defendants 1037 North Sycamore (Los Angeles) Owner, LP. ("1037 North"), CIM Group, L.P. ("CIM Group") and CIM Holdings, LLC ("CIM Holdings") (collectively, "Defendants") for wrongful death arising from work Decedent performed on Defendants' property, in which unsecured ...

Excerpt: ...n February 23, 2023, Plaintiff filed a Complaint against Defendants Beverly Hills IT Services, Beverly Hills IT, and Mostafa Karabalei Ahmad Baboli aka Stephan Parsa (“Baboli”) (collectively “Defendants”) and DOES 1 through 50, alleging causes of action for: (1) misappropriation of trade secrets; (2) breach of promissory note; (3) breach of fiduciary duty; (4) breach of duty of loyalty; (5) unfair competition; (6) intentional interference...

Excerpt: ...ffs Mehrdad Farkhan and Aila Farkhan (“Plaintiffs”) filed a Complaint against Defendants Felix Adalberto Sanchez (“Defendant”) and DOES 1 thro ugh 20, inclusive, alleging a cause of action for negligence. On February 6, 2024, Defendant filed an Answer to the Complaint, in which Defendant sets forth 15 affirmative defenses. On February 13, 2024, Plaintiffs filed a demurrer to the first, second, third, fourth, fifth, sixth, twelfth, thirtee...

Excerpt: ...and an order to show cause why a preliminary injunction shall not issue. Plaintiffs seek an order enjoining Defendant Fahim Farivar from: (1) Interfering with a new membership meeting and election, (2) Attempting to intimidate or threaten any member of the congregation from requesting a new membership meeting and election, (3) Attempting to intimidate or threaten anyone in connection with voting in the election, and (4) “Holding a Board of Dire...

Excerpt: ...Defendant, Mokhtar Jabli, for remaining in possession of the real property at 9010 Hopen Place, Los Ange les, California 90069 after failing to pay rent. Plaintiff served Defendant with a 3 -day notice to pay rent or quit. On February 23, 2024, Defendant filed this Demurrer to the Complaint. On April 2, 2024, Plaintiff filed an opposition. Plaintiff requests sanctions against Defendant for unnecessary delay occasioned by the filing of this demurr...

Excerpt: ...d to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 17, 2023, Plaintiff Maynor Galindo filed the operative First Amended Complaint against Defendants Phillips 66 Company, Raudell Covarrubias, and Heriberto Plascencia for (1) FEHA harassment, (2) FEHA discrimination, (3) FEHA retaliation, (4) FEH A failure to prevent misconduct, (5) negligent hiring and retention, (6) intentional infliction of emotional di...

Excerpt: ...r 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 for the claim against h...

Excerpt: ... counsel's motion to be relieved. Defendant now demurs to the second cause of action in Plaintiff's complaint, for general negligence. No opposition was filed. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights.” ( Harris v. City of Santa Monica (2013) 56 Cal...

Excerpt: ... amended complaint (“FAC). ¿ TENTATIVE RULING: The demurrer is overruled. Defendant to file and serve her answer to Plaintiffs' FAC within 30 days. BACKGROUND¿ This is a quiet title action in which Plaintiffs, a married couple and parents to defaulted defendant Heasuk O, allege that Defendant and Heasuk (collectively, “Defendants”) were in a romantic relationship together since 2004. (FAC ¶¶ 4, 7, 14.) On 9/20/13 , Plaintiffs purchased ...

Excerpt: ...ion for malpractice. On July 6, 2023, Plaintiff filed Notice of Lien. On March 1, 2024, Defendants filed their Demurrer to the Complaint. In support of their Demurrer, Defendants concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Andy Servais; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Demurrer. ANALYSIS: I. Legal Standard “The party against whom a complaint ...

Excerpt: ...Relief 5. Promissory Estoppel 6. Violation of Business & Professions Code 1720 0 RULING : The demurrer is sustained without leave to amend as to the 1 st and 2 nd causes of action and overruled as to the 3 rd, 4 th, 5 th and 6 th causes of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Pr...

Excerpt: ...st Plaintiff National Robertson Carwash Care, Inc. (“Carwash Care”) (“Plaintiff”) as the prevailing party in the instant case. (Notice of Motion, pgs. 1-2; Civ. Code §1717.) Background On May 13, 2022, Plaintiff filed its complaint against Defendant in the instant action. On August 30, 2022, Plaintiff filed its first amended complaint (“FAC”). On March 15, 2023, this Court sustained Defendant's demurrer to Plaintiff's 1st through 8th...

Excerpt: ...eading 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 for ...

Excerpt: ...M" or "Defendant") based on substantial defects and non -conformities to warranty, including but not limited to serious battery defects, in her new leased 2021 Chevrolet Bolt. The operative Second Amended Complaint ("SAC") alleges causes of action for fraud concealment, violations of Business & Professions Code §17200, and three causes of action for violations of the Song - Beverly Act. Discussion GM demurs to first and secon...

Excerpt: ...nt. Plaintiff moves for summary judgment in his favor. Defendant's motion for summary judgment is granted. Plaintiff's motion for summary judgment is denied This case arises from Plaintiff's employment with Defendant City of Compton, originally as the City Attorney. (Compl. ¶¶ 8 -10.) Plaintiff transitioned to the role of City Manager in July 2019. ( Id. ¶ 14.) Plaintiff alleges that in February 2021, after negotiations, Plaintiff and Defendan...

Excerpt: ...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 August 22, 2023, Gohar Babazadeh (“Gohar”) filed the operative First Amended Cross - Complaint for (1) breach of fiduciary duty (derivatively by Hayem's Daughters, Inc. (“HD”)), (2) breach of fiduciary duty (derivatively by Shalom Brothers Enterprises, LP (“SB”)), (3) breach of fidu...

Excerpt: ...reaks in Violation of Labor Code § 226.7 · 14 th Cause of Action: Failure to Provide Meal Breaks in Violation of Labor Code § 226.7 · 15 th Cause of Action: Waiting Time Penalties Pursuant to Labor Code §§ 201 and 203 · 17 th Cause of Action: Breach of Contract in Violation of Civil Code Section 1549 Motion to Strike · Seventeenth Cause of Action for Breach of Contract · SECOND AMENDED COMPLAINT, ¶ 36: all references to “past situatio...

Excerpt: ...tiff”) NOTICE: ok RELIEF REQUESTED: An order from this Court granting Kinetix's Demurrer and striking punitive damages and prejudgment interest against it in the Prayer for Relief. TENTATIVE RULING: The demurrer is OVERRULED. The Motion to Strike is GRANTED IN PART without leave to amend. BACKGROUND This action arises from allegations of sexual misconduct against Plaintiff during her physical therapy sessions. The named defendants include the a...

Excerpt: ... is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property th rough Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and risks inherent in owning an apartment business renting to tenant...

Excerpt: ... action against Ford Motor Company (“\ Defendant”) on May 8, 2023. This motion is for $63,252.09 in attorneys' fees and costs f\ ollowing a settlement agreement entered into between the parties on December 11, 2023, which identified Plaintiffs as the prevailing parties. II. FACTUAL AND PROCEDURAL BACKGROUND On March 15, 2023, Plaintiffs submitted a claim through Defendant's third-party dispute resolution provider, the Better Business Bureau A...

Excerpt: ...ACTS AND/OR PROCEEDINGS: Plaintiff Chris Cowart (“Plaintiff”) commenced this action on August 23, 2021. He filed a First Amended Complaint on January 20, 2022, a Second Amended Complaint on June 2, 2022, and a Third Amended Complaint (“TAC”) on October 11, 2023. The TAC has one ca use of action for Wrongful Termination in Retaliation. Defendant LAC Metro (“Defendant”) filed an Answer to the TAC on December 12, 2023. Plaintiff alleges ...

Excerpt: ...ntiffs”) filed the operative Complaint against Defendant Tesla Motors, Inc. (“Tesla Motors”) and DOES 1 through 10, inclusive for: (1) the Breach of Express Warranty under the S ong-Beverly Warranty Act; and (2) Violation of the Song- Beverly Warranty Act Section 1793.2. On January 22, 2024, Tesla Motors filed this instant Motion to Compel Arbitration. On March 27, 2024, Plaintiffs filed an opposition. On April 3, 2024, Tesla Motors filed i...

Excerpt: ...f Iconic Hearts Holdings, Inc. T/R: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANTS 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. BACKGROUND On Septem...

Excerpt: ... October 2016, Vickers Holding & Finance, Inc. (Plaintiff) obtained a money judgment from the Netherlands court against non -party Jossiv Kim (Jossiv) relating to a loan agreement. Jossiv then absconded to Los Angeles County and fraudulently transferred some of his money to his wife, non- party Angelina Kim (Angelina) (jointly, the Kims). Plaintiff then sued in Los Angeles County in September 2017 under the Uniform Foreign Money-Judgment Recognit...

Excerpt: ...To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any...

Excerpt: ...tigation in the courts of the State of California in propria persona without first obtaining leave of the presiding judge or justice of the court where the litigation is proposed to be filed. (Code Civ. Proc., § 391.7, subd. (a).)¿ ANALYSIS: Plaintiff Xiaofu Zhang (“Plaintiff”), in pro per, filed the instant action for dental malpractice against Defendants Ravinder Steven Singh, DDS (“Defendant Singh”) and Singh Dental Corporation dba L...

Excerpt: ...plaint filed. • 04/01/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive harassment by Defendant Gustavo Valencia while they were both employees at California State University Northridge. Defendant Board of Trustees of the California State University moves to dismiss the action against individual Defendant Gustavo Va...

Excerpt: ...denied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see bel...

Excerpt: ..., alleging: (1) negligence; (2) strict liability— warning defect; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, specially appearing Defendant Stylenquaza LLC moves for an order quashing service of summons and dismissing the action as to Defendant. Background This is a toxic tort case arising from Plaintiff Jose Guadalupe Soto - Rodriguez' (Plaintiff) claim th...

Excerpt: ...ucile Packard Children's Hospital Stanford (Defendant). On January 17, 2020, Plaintiff filed a first amended complaint (FAC). With leave of the court, Plaintiff filed a second amended complaint (SAC) on May 5, 2023. In the SAC, Plaintiff alleges (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) intentional mis representation, (5) negligent misrepresentation, (6) concealment, (...

Excerpt: ...med to be open.” The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No le...

Excerpt: ...n an automobile (driven by Defendant) and a bicycle (ridden by Plaintiff) on July 25, 2023. On March 13, 2024, Defendant filed this motion to strike Plaintiff's prayer for punitive damages and supporting allegations in paragraphs 12, 20, and 27 in the complaint. Plaintiff filed an untimely opposition on April 8, 2024. Legal Standard Code of Civil Procedure section 435 authorizes a party to file a motion to strike. “Any party, within the time al...

Excerpt: ... 10, 2024 Dept. 56 MOVING PARTIES: Plaintiff Rotem Shenon dba Shenon Construction RESPONDING PARTIES: Petitioner Susan Hoffman Hyman (Petitioner in related case 23STCP03185) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute between a contractor and subcontractors for services in the construction of a project. The Complaint alleges: (1) implied contractual indemnity; (2) equitable inde...

Excerpt: ...operty and is now seeking to foreclose. On cross-complaint, Tsui alleges that the 2010 loan was not paid off in full and he is within his rights to foreclose on the property. The cross-complaint alleges four causes of action on this basis: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and (4) declaratory relief. Before the Court is Plaintiffs and Cross -Defendants' special motion to strike, f...

Excerpt: ...Defendant”) for damages arising from an automobile incident. The complaint sets forth a single cause of action for negligence. The complaint includes a prayer for punitive damages. Defendant now moves to strike the following from the complaint: (1) Page 2, paragraph 10, lines 21 through 23; (2) page 2, paragraph 11, line 23; and (3) page 4, Prayer for punitive damages, Paragraph 6, line 17. Any opposition was due on or before March 27, 2024; th...

Excerpt: ...laintiff, State Farm Mutual Automobile Insurance Company, filed a Complaint against Defendants, Ahmad Martin (“Martin”) and John Ruffin (“Ruffin”) for subrogation recovery in the sum of $26,155.80. On April 5, 2021, Ruffin was dismissed from this action. On June 14, 2023, Plaintiff filed the parties' Stipulation for Settlement and Entry of Judgment (“Stipulation”). On the same day, the court dismissed the case without prejudice and re...

Excerpt: ...”) alleges that M&N Financing Corp. (“M&N”) and Nasiry “operated a business that purchased retail installment sales contracts [] from used car dealerships.” (Department of Fair Employment and Housing v. M&N Financing Corp. (2021) 69 Cal.App.5 th 434, 437 (“ M&N”).) [1] “In deciding how much to pay for the contracts, defendants used a formula that considered the gender of the car purchaser.” (Id. at 437 -438.) “[D]efendants wou...

Excerpt: ...ERROGATORIES Plaintiff's motions to compel Defendant Matthew Shepherd's responses to Requests for Production, Set One and Special Interrogatories, Set One are GRANTED. Plaintiff's motions to compel Defendant Superior Loan Servicing's responses to Requests for Production, Set One and Special Interrogatories, Set One are GRANTED. Defendants must serve verified responses without objections within 10 days after the date of this order. Defendants must...

Excerpt: ...ith (Goldsmith), and Ariel Mehrban (Mehrban). Plaintiff t hen filed the operative First Amended Complaint (FAC) on December 20, 2023, where Plaintiff alleges five causes of action surrounding the allegations that Treehouse, Goldsmith, and Mehrban all became indebted to Plaintiff in the sum of $9,249.08. (FAC, ¶ 8-10.) The two motions now before the Court are Motions to Quash the service of Summons and Amended Complaint (the Motions). The Motions...

Excerpt: ...ry relief. Plaintiff, a construction contractor, alleges it entered into a written contract with Defendant to repair or remodel Defendant's pool. When issues arose after the repair, Plaintiff alleges Defendant concealed the issues and instead, filed a complaint against Plaintiff's contractor's bond demanding repayment and a replacement. Plaintiff alleges that any da mage to the pool was the result of Defendant's own conduct or those of other hire...

Excerpt: ...c Building Services, alleging age discrimination and wrongful termination. On September 23, 2021, Judge Charles Lee granted Defendant's motion to compel arbitration. Defendant now moves for an order consolidating the arbitration proceeding with another arbitration proceeding, to wit, Guzman v. ProTec Association Services, American Arbitration Association Case No. 01-22 -0004 -6858, before Eric Epstein, Esq. (currently st ayed in Los Angeles Super...

Excerpt: ...s originally set for February 6, 2024. On January 5, 2024, pursuant to stipulation, the Court continued trial to August 6, 2024. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A trial court has broad discretion in considering a request for a trial continuance.¿ ( Pham v. Nguyen (1997) 54 Cal.App.4...

Excerpt: ...Plaintiff”) filed this action against Defendant Kathryn Alverson (“Defendant”) for injuries arising from a motor vehicle incident. Trial is currently set for September 11, 2024. The Court previously granted Defendant's motion to compel Plaintiff's physical examination with neurosurgeon Luke Macyszyn, M.D. (“Dr. Macyszyn”). (Min. Order, March 28, 2024.) Defendant now seeks Plaintiff to submit to a second physical examination with neurolo...

Excerpt: ...es resulting from a motor vehicle accident. Plaintiffs now move to compel the deposition of Western Freight Carrier, Inc.'s person most qualified (“PMQ”). Plaintiffs also seeks monetary sanctions. Defendants Western Freight Carrier, Inc. (“Defendant”) opposes and seek monetary sanctions. Plaintiffs reply. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any part...

Excerpt: ...ifornia, LLC CASE HISTORY : • 12/04/23: Complaint filed. STATEMEN T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on December 4, 2023. Plaintiff alleges that he was denied accommodations and wrongfully terminated for taking medical leave for cancer treatment. Plaintiff moves to specially set this matter for trial pursuant to Code of Civil Procedure section 36(d). TENTATIVE RULING: Plaintiff's M...

Excerpt: ...gligence, stemming from an accident on October 27, 2019. On February 13, 2024, Defendants State of California acting by and through the California Highway Patrol and Alfredo Gutierrez (collectively “Defendants”) filed this motion to bifurcate. No opposition has been filed. On February 28, 2024, the Court on its own motion, continued this hearing to April 10, 2024. Legal Standard “The court, in furtherance of convenience or to avoid prejudic...

Excerpt: ... violations. In February 2021, Plaintiffs Rosalia Franco and Henry Franco entered into a written construction agreement with Defendant Best Solar Power Inc. (Best Solar) in which Best Solar agreed to provide construction services for various home improvement projects on the Francos' property in West Covina. In June 2021, the Francos financed the projects with a series of loans, including a $53,460 loan for solar panels and $49,968 loan for roofin...

Excerpt: ...ur objections to defendants' evidence. All four objections are overruled . Defendants make eight objections to the declaration of Jessica Carlson and five objections to the declaration of Erin M. Kelly. All objections are overruled . I. Existence of Agreement Defendants do not prove the existence of an arbitration agreement between the parties. The party moving to compel arbitration “ ‘ “bears the burden of proving the existence of a valid ...

Excerpt: ...ance Company, Globe Life Liberty National Division, and The Green Agencies. Plaintiff has since passed away, and his mother (Terry Casillas) currently pursues the action as Plaintiff's successor-in -interest. On January 8, 2024, Defendant Liberty Life National Insurance Company filed the instant motion to compel arbitration. Plaintiff filed his opposition on March 27, 2024. Defendant filed its reply on April 3, 2024. LEGAL STANDARD “On petition...

Excerpt: ...y and through his Guardian Ad Litem, Anita Gonzalez (“Plaintiff”) filed this action against defendant Alexander Escalante (“Defendant”) for injuries arising from a motor vehicle v. bicycle incident. Defendant now moves for an order compelling Plaintiff to appear for a second physical examination (“IME”) with neurologist Lorne Label, M.D. (“Dr. Label”) Plaintiff opposes the motion, and Defendant filed a reply. 1. Moving Argument De...

Excerpt: ...NDING PARTY: Plaintiff David Maijala Motion to Compel Deposition Testimony and for Sanctions The court considered the moving and reply papers filed in connection with this motion. The court notes that plaintiff David Maijala's opposition papers were filed seven court days before the hearing in violation of Code of Civil Procedure section 1005, subdivision (b). However, because the reply papers expressly rely on the exhibits attached to the opposi...

Excerpt: ...ion of Documents. I. Background A. Pleadings Plaintiff Stephanie Ramirez sues Defendants General Motors, LLC and Does 1 through 20 pursuant to an October 2, 2023, Complaint alleging claims of (1) Breach of Implied Warranty of Merchantability under The Song -Beverly Act and (2) Breach of Express Warran ty under The Song- Beverly Act. The claims arise from allegations that on March 28, 2023, Plaintiff purchased a 2023 Chevrolet Traverse (Subject Ve...

Excerpt: ...TICE: ok¿¿ RELIEF REQUESTED : Orders compelling further deposition testimony from deponents Jose Armando Priego, Alejandro Priego, and Clemente Priego regarding the contents of certain incident reports concerning the subject incident. Plaintiff also seeks monetary sanctions in the total amount of $6,270 .00. TENTATIVE RULING: The Court rules as follows: · Plaintiff's Motion to Compel Deposition Testimony of Jose Armando Priego is denied. · Pl...

Excerpt: ...n Of Documents, Set One. Plaintiff On Point Builders, Inc.'s Motion To Deem Requests For Admissions As Admitted Or, Alternatively, To Compel Defendant Las Palmas Silver, LLC's Further Responses To Request For Admission, Set One. Background Plaintiff and Cross -Defendant ON POINT BUILDERS, INC. (“On Point”) bring this case against Defendant and Cross -Complainant LAS PALMAS SILVER, LLC (“Las Palmas”) and Defendant DAVID PARTIEL for claims ...

Excerpt: ...ed this m\ otion to compel plaintiff Jessica Austin's (“Plaintiff”) further re\ sponses to Form Interrogatories-General, Set One, Form Interrogatories-Employment Law, Set One, Requests for Production of Documents, Set One, and Requests for Admission, Set One. Plaintiff served objections in response to City's\ discovery requests on the grounds that City was in default and unable to propound \ discovery. Plaintiff also objected to the term “I...

Excerpt: ...serting a single cause of action for dental malpractice. On November 2, 2023, Defendant filed an answer to the complaint. On November 9, 2023, Defendant served Plaintiff with discovery, including Special Interrogatories (Set One) and Requests for Production (Set One). (Ahdoot Decls., ¶ 4 & Exh. A.) Plaintiff did not respond. (Id. , ¶ 6.) On February 13, 2024, Defendant filed these motions to compel. Defendant also seeks sanctions. No opposition...

Excerpt: ... Defendants Home Run Builders Inc., Shachar Shabtay, Anette Sharvit, Shachar Sharvit, and Asaf Asi Azami only. Plaintiff's motion as to Valley Vista 18 Project LLC is denied as moot. Defendants Home Run Builders Inc., Shachar Shabtay, Ane tte Sharvit, Shachar Sharvit, and Asaf Asi Azami are ordered to provide verified responses to Plaintiff's IROG compliant with C.C.P. §§2030.210(a) and 2030.220 without objections within 20 days. Plaintiff 1590...

Excerpt: ...ce and premises liability arising from an injury at a construction site on Aug ust 24, 2021, on Melrose Avenue in Los Angeles. On August 31, 2023, Defendant filed its answer. The next day, Defendant filed a cross - complaint against Chip-Rocke Construction, Inc, and Roes 1 through 50 for Equitable Indemnity, Contribution, Express Indemnity, Breach of Contract, and Declaratory Relief. On October 16, 2023, Defendant filed a request for dismissal of...

Excerpt: ...ndant Green Works Construction & Design, Inc. entered into a written contract to perform a complete front, side and backyard remodel, including adding a new swimming pool, spa, deck and entertainment area. Plaintiff alleges under the terms of the agreement, Defendant Green Works agreed to furnish labor, equipment and materials for the amount of $318,100.00. Prior to the written agreement, the parties enter ed into a design agreement where Plainti...

Excerpt: ...Admitted Requests for Admission (Set One) (3) Motion to Compel Responses to Form Interrogatories (Set One) (4) Motion to Compel Responses to Special Interrogatories (Set One) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Special Interrogatories (Set One). The court orders defendant Bolsabuy, Inc. to serve verified responses, without objections , to Special Interrogat...

Excerpt: ... and David M. Rosenthal (Rosenthal) (jointly, Defendants) for their allegedly false depiction of Plaintiff in the film entitled, “No Limit” (Film). On November 21, 2023, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16 (Anti -SLAPP motion). Plaintiff opposes the Anti -SLAPP motion. [1] The special motion to strike pursuant to Code of Civil Procedure section 425.16 is granted. Defenda...

Excerpt: ...ion against Defendants Kambiz Zarnegar, 21st Santa Monica Investments, LLC, and “All Persons Unknown, Claiming Any Legal Or Equitable Right, Tit le, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiffs' Title, Or Any Cloud Upon Plaintiffs' Title Thereto,” alleging (1) Fraud; (2) Breach of Fiduciary Duty; (3) Constructive/Resulting Trust; (4) Accounting; (5) Negligence; (6) Violation of California Business...

Excerpt: ...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. “A party seeking discovery of a peace officer's personnel records must follow a two -step process. First, the party must file a written motion describing the type of records sought, supported by ‘[a]ffidavits showing good cause for ...

Excerpt: ...oner Bill Me Later, Inc., a Delaware corporation, as servicing agent for WebBank (Petitioner) filed a petition against respondents Vision Trading Corporation d/b/a Xenon -Vision, HID -Warehouse, and Pho uc Van To (collectively, Respondents) to confirm a contractual arbitration award made on December 21, 2023. Respondents did not respond to or oppose the petition. LEGAL STANDARD “Any party to an arbitration in which an award has been made may pe...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...ce in Venice, California. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision . A. Statement of the Cas e 1. Petitio n Petitioner Citizens �iled the veri�ied Petition and Complaint (“Petition”) on October 7, 2022, alleging causes of action for administrative mandate and for declaratory and injunctive relief. The Petition alleges in pertinent part as follows . The Projec...

Excerpt: ...ated activity in this litigation (“the Order”). The Defendants are Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, Mid -Century Insurance Company, and Farmers New World Life Insurance Company (collectively, “Farmers”) and Arnoldo Jaquez. As relevant here, the dates listed in the Order include Friday September 15, 2023, Sunday, September 24 through Monday, September 25, 2023, Saturday, September 30 through Su...