Excerpt: ...ted. The request for sanctions are denied. Plaintiff is ordered to serve verified responses without objections within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Background This is an action for negligence arising from a vehicle collision which took place in July 2018. Plaintiff Miguel Angel Mendoza filed his Complaint against...

Excerpt: ...Lab. Code § 1101.5; (5) Wrongful Termination in Violation of Public Policy, and (6) Intentional Infliction of Emotional Distress. On December 9, 2022, Defendant Beachbody LLC filed this instant Motion to Compel Arbitration. On January 19, 2023, Plaintiff filed opposing papers. Defendant filed a reply on January 25, 2022. On February 1, 2023, the Court continued the hearing to allow the parties to submit supplemental briefs as to whether the Endi...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ... is denied. Plaintiffs are to give notice. Background This is a medical malpractice action arising out of the care and treatment of Plaintiff Ahmad Sadeghein (“Sadeghein”) at Defendant Cedars-Sinai Medical Center (“Cedars”) for a spinal procedure. Sadeghein's wife, Plaintiff Nadereh Golbou (“Golbou”), also seek compensation for loss of consortium. The Complaint alleges that Sadeghein received medical care and underwent surgery at Ceda...

Excerpt: ...tion of a $200,000 Deposit made by Finnegan's Wake's predecessor-in-interest in contemplation of the purchase of real property from Hero Mountain. Now before the Court is Finnegan's Wake's opposed February 16, 2023 Motion for Summary Judgment on the Complaint; or, in the Alternative, for Summary Adjudication Thereon (“Motion”), which seeks summary adjudication of the First and Second Causes of Action on the issue of refundability of the $200,...

Excerpt: ... American Sanitary Products, Inc. RESPONDING PARTY: Plaintiff Kambiz Jahanbigloo BACKGROUND This case arises from a dispute between shareholders. Plaintiff Kambiz Jahanbigloo is a minority shareholder of Defendant American Sanitary Products Inc. (“ASP”), a privately held corporation. (Compl. ¶ 1.) Defendants David Molayem (“David”) and Daryoosh Molayem (“Dar”), who each own 37.5% of the shares, are alleged to be controlling sharehold...

Excerpt: ...ought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) The warning that is required by the settlement complies with this chapter. (B) The award of attorney's fe...

Excerpt: ... 1 through 100, inclusive. CROSS: AUTO BUYLINE SYSTEMS, INC. dba ABS AUTO AUCTIONS, v. LIDD ENTERPRISES INC., a California Corporation; DANNY LAO, an individual; KEVIN AZZOUZ, an individual; MIKE RHEE, an individual; REMARKETIMS INC., a Delaware Corporation; OPENTRADE INC., a Delaware Corporation; CLEARMARKET INC. a Delaware Corporation; AUCTIONLANE, INC., a Delaware Corporation; ABS OPENTRADE, INC., a Delaware corporation; LENNART MENGWALL, an i...

Excerpt: ...� A. Factual¿¿ ¿¿ This is a lemon law action brought by Plaintiff, Maximo Marrufo (“Plaintiff”) against Defendant, Nissan North America, Inc. (“Nissan”), and DOES 1 through 10. The case arises out of Plaintiff's purchase of a 2019 Nissan Leaf (“Subject Vehicle”) from Gardena Nissan in Gardena, California. Plaintiff alleges that Nissan breached its warranty obligations as set forth in the “2019 Leaf Warranty Information Booklet�...

Excerpt: ...el arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to re...

Excerpt: ... a driver for Uber and was rear ended by a third party. He settled with the third-party's carrier and now seeks to recover from Uber's insurance company, Blue Hill Specialty Insurance Company (Respondent or Blue Hill), under the uninsured/underinsured motorist policy (UM/UIM). Petitioner moves to compel Blue Hill to arbitration pursuant to Insurance Code section 11580.2 and for the appointment of an arbitrator. Respondent opposes the motion to co...

Excerpt: ...led this action against defendants Nissan North America, Inc. (“NNA”) and Martin Motors of El Monte, Inc. dba El Monte Nissan for (“El Monte Nissan”) (collectively, “Defendants”). Plaintiff alleges that on September 9, 2020, he purchased a new 2020 Nissan Kicks (the “Vehicle”) with a defective continuously variable transmission (“CVT”). Plaintiff asserts causes of action for violations of the Song-Beverly Act, intentional misr...

Excerpt: ...ividual PAGA Claims to Arbitration and to Dismiss Representative PAGA Claims or, Alternatively to Stay the Representative PAGA Claims The court considered the motion, opposition, and reply. RULING The motion is GRANTED IN PART and DENIED IN PART. Plaintiff Joana Flores is ordered to arbitrate her individual PAGA claims. The representative PAGA claims are stayed. BACKGROUND On June 10, 2021, plaintiff Joana Flores, individually and on behalf of ot...

Excerpt: ...pp.5th 1048, 1075.) Defendant Nissan North America, Inc. moves to compel arbitration of plaintiff Susan Rivera's claims against it. Defendant fails to demonstrate that plaintiff agreed to arbitration of the claims asserted in the instant action. “The party petitioning to compel arbitration ‘bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence….' [Citation.]” (Higgins v. Superior Cou...

Excerpt: ...serve or maintain the vehicle's utility and performance. The vehicle's transmission was defective, and Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“the SBA”). Plaintiff alleges claims for violations of the SBA, fraudulent misrepresentation, and fraudulent concealment of material facts. II. ARGUMENTS Defendant Nissan requests an order to compel Plaintiff ...

Excerpt: ...ourt's 10/11/22 discovery order, wherein the Court ordered defendant American Honda Motor Co., Inc. to serve further responses to plaintiffs' Request for Production of Documents, Set One, Nos. 17, 18, 19, 20, 24, 25, 26, 55, and 56 within fifteen days of the order. (Neubauer Decl. ¶ 3.) The subject Requests are as follows: REQUEST FOR PRODUCTION NO. 17: All DOCUMENTS, including electronically stored information and electronic mails, concerning, ...

Excerpt: ...field is GRANTED. Plaintiff is ordered to appear at a properly noticed deposition, within thirty (30) days of the Court's Order, and have her video camera turned on if the deposition is conducted remotely through a videoconferencing application. The Court also awards $760.00 in monetary sanctions to be paid by Plaintiff and her counsel. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK ...

Excerpt: ...rm filed a complaint against Defendants Luxury Auto Center, Inc. and Nelson Sanchez for (1) claim and delivery; (2) breach of written contract; (3) breach of oral contract; (4) common counts; (5) conversion; (6) fraud on 6/20/15; (7) fraud after 6/20/15; and (8) rescission. Plaintiff alleges Plaintiff and Defendants entered into an agreement where Defendants were to “restore” Plaintiff's 1957 Chevy 1 Ton Panel Truck. Plaintiff alleges Defenda...

Excerpt: ...s process of hiring Weir and Brandt (Nos. 8-11) and defendant's internal evaluations of Weir and Brandt, including documents about their “departure from the firm” or “termination” (Nos. 28-34). Defendant responded only with objections. The documents plaintiff requests in Nos 8-11 are discoverable. Plaintiff's first amended complaint alleges, among other things, that defendant affirmatively misrepresented the firm's capabilities and expert...

Excerpt: ...equest for sanctions is denied. Plaintiff Jennifer Hua (“Hua”) (“Plaintiff”) moves for an order compelling Defendant Western Asset Management, LLC (“WAM”) (“Defendant”) to provide further responses to Plaintiff's Request for Production of Documents (Set Six) (“RFP”), Nos. 250-257, 260-261, and 262-263. (Notice of Motion, pg. 2; Reply, pg. 6; C.C.P. §2031.280 et seq.) Plaintiff further requests sanctions against Defendant and ...

Excerpt: ...RPORATION, AND REQUEST FOR MONETARY SANCTIONS 2. PLAINTIFF WOZTBELI ANTONIO GARCIA'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, PROPOUNDED ON DEFENDANT LESKY FIGUEROA, AND REQUEST FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. March 2, 2023 ) ) ) I. INTRODUCTION On December 10, 2020, Plaintiff Woztbeli Antonio Garcia filed this action against Team Love Transport Corporation (“TLTC”) and Lesky Figueroa Aguiar (collectively...

Excerpt: ...ON OF MONETARY SANCTIONS 2. DEFENDANT MAURICE J. WILLIAMS'S MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR IMPOSITION OF MONTERARY SANCTIONS 3. DEFENDANT MAURICE J. WILLIAMS'S MOTION FOR AN ORDER COMPELLING RESPONSES FOR REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS AND OTHER TANGIBLE THINGS; REQUEST FOR IMPOSITION OF MONETARY ) ) ) ) ) ) ) ) ) ) SANCTIONS Dept. 27 1:30 p.m. March 2, 2023 I. INTRODUC...

Excerpt: ...n against Defendants Moushekh Petrosian, 25920 Del Sol Road, LLC, and Does 1 through 50 pursuant to a Complaint advancing claims of (1) Promissory Estoppel, (2) Fraud and Intentional Misrepresentation, (3) Quiet Title, and (4) Deceit. A First Amended Complaint was filed on November 12, 2020 adding claims for (5) Breach of Contract and (6) Breach of Fiduciary Duty. The Plaintiffs' claims are based on allegations that they provided financing to pur...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...