Excerpt: ...ad in Tujunga. On June 15, 2022, Defendant filed an answer to the complaint. On September 21, 2022, Plaintiff Vartan Aristakian filed a request for dismissal of their claims. On filing, the Court set a trial date of October 27, 2021. The trial date was vacated, reset for July 25, 2023, continued to November 29, 2023, and then continued again to March 25, 2024. On March 5, 2024, the Court granted the opposed ex parte application of Plaintiff Vahag...

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: ...eeks an order for preliminary approval of a class action settlement. The settlement class consists of approximately 57 current and former exempt Production Managers, and/or hourly employees of Defendant in California. The agreement would provide them with an overall value of $610,000.00. LEGAL STANDARD Judges are to apply an appropriate standard of review of PAGA case settlements, by inquiring whether settlements are “‘fair, adequate, and rea...

Excerpt: ...RTY: Plaintiff Sannette Gite I. BACKGROUND This is a quiet title action concerning the real property at 8940 Kramerwood Place, Los Angeles, California 90034 (the “Property”). On December 6, 2021, Plaintiff/Cross-Defendant U.S. Bank National Association (“US Bank”), as trustee for Velocity Commerci al Capital Loan Trust 2019- 3, filed a Complaint against Defendant/Cross -Complainant Sannette Gite (“Gite”). . On January 13, 2023, Gite f...

Excerpt: ...cause its cross -complaint against Stacy John Sanchez, Stacys In Home Care, Inc., Another Successful Venture, Inc., and Lilliana Juliano remains pending. Trial on the cross -complaint is currently scheduled for 6/28/24. On 2/01/24, after hearing on the issue of the one judgment rule, the Court entered judgment in favor of Plaintiff and against VCC. The judgment, which reflects the jury verdict, is in the amounts of $19,817.00 (economic damages), ...

Excerpt: ...ion¿387, subdivision¿(a) provides that, “[u]pon¿timely application, any person, who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding.¿ An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the com...

Excerpt: ...l's unopposed motion for leave to file a first amended complaint is granted. Plaintiffs may file the proposed first amended complaint with the Court. Plaintiffs Jyla Elsa Corral, Jonaven Hess Corral, Jazlyn Leilani Corral, Jayven Cali Corral, and Jocelyn Gianna Corral, individually and as successors in interest to Heather Susy Garcia, by and through their Guardian Ad Litem Rafael Corral (colle ctively, “Plaintiffs”) move unopposed for and ord...

Excerpt: ...t rather than in person due to the COVID-19 pandemic. Plaintiff Delia Alvino seeks leave to file a first amended complaint. Plaintiff states that “[t]he proposed FAC differs from the Complaint in three primary aspects. First, the FAC adds Plaintiff's husband, Alfred Alvino, as a plaintiff. Defendants Sunrun Inc. and Sunrun Installation Services Inc. (collectively, ‘Sunrun') prompted the addition of Mr. Alvino to this case by way of Sunrun's m...

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 that Defendants defrauded him into taking out a short term bridge loan with exorbitant up -front costs and an enormous balloon payment after one -year, as a step toward obtaining a reverse mortgage. Plain...

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

Excerpt: ... court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” ( Armenta ex rel. Cit...

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. This is an a ction arising out of a motor vehicle accident. Defendant Alexander was allegedly negligent in causing the accident. Defendant Tokasey allegedly defamed Plaintiffs by stating that they were committing insurance...

Excerpt: ... 3, 2020. Zucker and Shaw filed their answer to the complaint on April 15, 2022. On March 6, 2024, Shaw filed this motion for leave to conduct a mental examination of Plaintiff. The motion was initially set for hearing on June 10 and was advanced to April 11 on the moving party's ex parte application. No opposition has been filed. Legal Standard “Any party may obtain discovery . . . by means of a physical or mental examination of (1) a party to...

Excerpt: ...Andrew's Son Trading, Inc. (Andrew's Son Trading), Jiazheng Lu aka Andrew Lu (Lu), and Does 1 through 50 (collectively, Defen dants). Plaintiff filed the operative First Amended Complaint on August 17, 2022, alleging causes of action against the same Defendants for breach of written contract, common counts, open book account, fraud, breach of implied covenant of good faith and fa ir dealing, and unfair business practices. On May 27, 2022, Andrew'...

Excerpt: ... failure to state a cause of action, (2) comparative negligence,(3) failure to mitigate damages) and (4) third party n egligence. On May 11, 2023, Defendant filed this motion for leave to file first amended answer. No opposition has been filed. Legal Standard CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or st...

Excerpt: ...eclassify Case to Limited Jurisdiction The court considered the moving and non-opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Josefina Campos (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Angela Rios Miranda (“Plaintiff”), as a limited civil case. “If a party files a motion for reclassification after the time for that party . . . to resp...

Excerpt: ... pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, th ...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...April 29, 2021, Plaintiff Carlos Chavez (“Chavez” or “Plaintiff”) filed a Complaint against Schlumberger Technology Corporation (“Schlumberger”) and Timothy Ramey (“Ramey”) (collecti vely, “Defendants”), alleging causes of action for (1) Interference with Right to Medical Leave under the California Family Rights Act, (2) Retaliation for Taking Medical Leave under the California Family Rights Act, (3) Retaliation for Taking Med...

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: ...nnifer Habib, and Stephanie Habib (Plaintiffs) filed a second amended complaint (SAC) against Defendant A.L. Wilson Chemical Co mpany (Defendant) and others. The SAC alleges the following causes of action: (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. On December 21, 2023, Defendant filed this motion for su...

Excerpt: ... around February 5, 2022, Cara J. Stults (Plaintiff) purchased a 2019 GMC Yukon XL (the Vehicle) manufactured by General Motors (Defendant). (Complaint, ¶ 5.) The Vehicle was accompanied by an express written warranty. (Id. at ¶ 5.) Soon after the purchase, Plaintiff began experiencing several defects including issues with the powertrain system, the braking system, and the electrical system. (Id. at ¶ 11.) Plaintiff then filed suit on May 25, ...

Excerpt: ... However, the ruling on this social media policy does not foreclose Boger's own testimony concerning the existence of another policy during the relevant period. ( See Contreras Decl. Exh. 2 at p. 114. The objections to the police report and criminal complaint against Young are SUSTAINED to the extent that they are introduced for the truth of any content contained within them, but are OVERRULED to the extent they demonstrate to the existence of th...

Excerpt: ...ion that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Specially Appearing Defendant Kimball, Tirey, & St. John LLP moves to quash service of the summons and complaint. TENTATIVE RULING: Defendant Kimball, Tirey, & St. John, LLP's Motion to Quash Service of Summons is GRANTED. DISCUSSIO...

Excerpt: ...iel 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 motion now before the Court is the Motion to Quash the service of Summons and Amended Complaint filed by entity Defendant Treehouse. Plaintiff oppos...

Excerpt: ...ha Finance, Ltd., Bolt Ventures Ltd., FCA Capital Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed this Motion to Seal to File Portions of Petition to Confirm Arbitration Award Under Seal. The motion was heard on March 14, 2024. The court continued the hearing for the motion ...

Excerpt: ...s. The Motion to Expunge Lien filed by Plaintiff Jose Villagomez is DENIED. Background This is a toxic tort action. On April 25, 2019, Jose Villagomez (“Plaintiff”) filed this action against Does 1 through 100, alleging five causes of action for (1) Negligence; (2) Strict Liability – Failure to Warn; (3) Strict Liability – Design Defect; (4) Fraudulent Concealment; and (5) Breach of Implied Warranties. The Complaint alleges the following:...

Excerpt: ...een Plaintiff and Defendants Jamgle Jam USA, Inc. and Rama McCabe on August 30, 2023, is granted. Plaintiff Esther Lim (“Lim”) (“Plaintiff”) moves unopposed for this Court to set aside the judgment of dismissal entered on September 20, 2023, and enter judgment pursuant to the terms of the Stipulation for Entry of Judgment executed between Plaintiff and Defendants Jamgle Jam USA, Inc. (“Banks Journal”) and Ra ma McCabe (“McCabe”) (...

Excerpt: ...nd went to work for Plaintiff's competitor, Epiq. The overall thrust of Plaintiff's complaint is that after joining Epiq, Hartstein accessed Plaintiff's confidential, proprietary data, used that data to solicit Plaintiff's customers to his new company and enticed former co -workers to join him at Epiq. The allegations against Hartstein include: 1. He violated the terms of a promissory note with Plaintiff and still owes Plaintiff approximately $35...

Excerpt: ...ies, Inc. (“Uber”), and Does 1 through 20 asserting causes of action for motor vehicle negligence and general neg ligence. Uber and Gomillion filed their answers on January 3 and January 11, 2022. On February 27, 2024, Defendant Uber Technologies, Inc. (“Uber”) filed this motion to compel the second deposition of Plaintiff. Uber also seeks sanctions. The motion was originally set for hearing on May 29; the hearing was advanced to April 11...

Excerpt: ..., without objections, by 3/12/24. On 3/12/24, Defense Counsel emailed back apologizing for the oversight and promising responses, without objection, as quickly as possible, but noting that compliance with the 3/12/24 deadline was not possible. The same day, Plaintiffs filed this motion. On 3/28/24, Defendant served verified responses, without objections. Plaintiffs, in their reply papers, contend the responses are deficient. Plaintiff did not, ho...

Excerpt: ...for inspection any document, electronically stored information, or tangible thing described in the 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, electronically stored information, or tangible thing described in the deposition notice.” (CCP § 2025.450(a).) Such motions shall (1) set forth specific facts showing good ...

Excerpt: ...swers, privilege log and production are due within 20 days. The Court orders monetary sanctions against defendants and their counsel, Harrington, Foxx, Dubrow & Canter, LLP, jointly and severally, in the sum of $2,346.66 pursuant to CCP section 2023.030, payable to the Client Trust Account of Effres & Effres, LLP, 5115 Clareton Dr. Suite 110, Agoura Hills, CA 91301 by 5/11/2024. Introduction Plaintiff Joshua Tipton moves to compel further respons...

Excerpt: ...EPLY: No reply filed. RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to provide further responses to its form interrogatories. BACKGROUND This case arises out of Plaintiff Maria Ayala's (“Plaintiff”) claim she tripped and fell at Defendants' premises on August 25, 2021. Plaintiff filed this complaint on August 24, 2023, alleging two causes of action for (1) negligence and (2) pr emises liability. TENTATIVE RULING Defendant...

Excerpt: ... for Violation of Song- Beverly Act— Breach of Express Warranty of Merchantability, and Violation of the Song- Beverly Act—Civil Code section 1793.2. On June 21, 2023, FCA US LLC answered the complaint. RULING: Granted Plaintiff Reina Garcia moves to compel further responses to request for production of documents, numbers 45 -46. Plaintiff alleges unmeritorious objections. Plaintiff submitted a notice of non -opposition and the court electron...

Excerpt: ...g from a trip and fall at SoFi stadium. On March 18, 2024, Plaintiff filed the instant motion seeking an order compelling defendant Stadco LA, LLC ("Defendant') to provide further responses to Plaintiffs request for production of documents ("RPDs), sets one and fivo, as to requests nos. 2, 8, 16, 17, 18, 19, and 23. In opposition, Defendant contends Plaintiff received all relevant documents requested at IDC and that Plaintiff did not meet and con...

Excerpt: ...intiff Leon Barnett Hall Responding Party: No opposition. BACKGROUND This matter arises out of an automobile accident that occurred on May 2, 2022. Plaintiff alleges they were injured as a result of Defendant Paulina Cruz' negligence. Plaintiff filed his complaint on November 8, 2022 against Paulina Cruz, Access Services, a nd MV Transportation, Inc. [TENTATIVE] RULING: Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One Again...

Excerpt: ...ff beginning in 2007. Plaintiff was born on May 17, 1999. Berendt was arrested in 2012 for the alleg ed molestation of numerous students on the campus. On October 3 and 21, 2022, Plaintiff filed a complaint for Intentional Infliction of Emotional Distress; Negligence; Negligent Supervision; Negligent Hiring/Retention; Negligent Failure to Warn, Train, or Educate; Breach of Fiduciary Duty; Constructive Fraud; Sexual Battery; and, Sexual Assault. D...

Excerpt: ...independent contractor (Lab. Code, §¿226.8); 1 (2) failure to pay all wages due (§¿1194); (3) failure to pay minimum wage (§¿1194); (4) failure to pay overtime compensation (§§¿510, 1194); (5) failure to provide meal periods (§§¿512, 226.7); (6) failure to provide rest periods (§§¿512, 226.7); (7) fai lure to provide accurate itemized wage statements (§¿226); (8) waiting time penalties (§§¿201- 203); (9) illegal deductions (§...

Excerpt: ...s that Defendant Dean Matsuda negligently performed a bilateral hip arthroscopic surgery. The operative complaint alleges a single claim for medical malpractice. The relevant facts are as follows: At the time Plaintiff saw Defendant, she had a history of left groin and lateral hip pain. (Undisputed Material Facts (“UMF”) No. 109.) Plaintiff's hip symptoms were unresponsive to conservative therapy for at least th ree months before she saw Defe...

Excerpt: ...opposition papers have been filed as of April 9, 2024. Defendant Varela filed notice of no opposition on April 2, 2024. The Court GRANTS Defendant Varela's unopposed motion to compel arbitration. The case is stayed pending binding arbitration as to the entire action. Background This is an action for breach of contract and related employment claims. On December 9, 2022, Omar Moreno (“Plaintiff”) filed his Complaint against Central City Communi...

Excerpt: ...LAUSD's request for summary judgment is denied. LAUSD's request for summary adjudication is granted as to the fourth cause of action and denied as to the first, second, and third causes of action. Defendant to give notice. BACKGROUND This action arises from the employment of Deborah Mak (“Mak”) and Brent Palmer (“Palmer”) (collectively “Plaintiffs”) by Defendant Los Angeles Unified School District (“LAUSD” or “District”). In O...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: April 11, 2024 Moving Party: Defendant Philip Michels, et al. Responding Party: Plaintiff Stanley Orwasher Motion for Summary Judgment or, in the alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. The motion is DENIED. Background On October 26, 2022, Plaintiffs Stanley Orwasher, individually and the Estate of Ph...

Excerpt: ...Artiaga appears to seek summary adjudication in the alternative. Defendant City of Los Angeles (“City”) joins in Artiaga's motions. The Court DENIES the motion for summary judgment. The Court does not issue a tentative on the summary adjudication motion but invites argument as to whether summary adjudication of any particular claim should be granted in light of the Court's ruling on the summary judgment motion. Background This case concerns p...

Excerpt: ...to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) now move for terminating sanctions against Plaintiff for failing to serve verified discovery responses in compliance with the Court's February 21, 2024 Order compelling responses to Raiser's Request for Admissi...

Excerpt: ...ad faith insurance action. On November 2, 2022, Plaintiffs, Angelique Gomez (“Gomez”) and Martin Gomez Ambriz (“Ambriz”) (collectively, “Plaintiffs”), filed a Complaint against Defendants National General Insurance Company (“NGIC”), Integon National Insurance Company (“Integon”), Freeway Insurance Services, Inc., and Freeway Insurance Services America, LLC, for (1) Breach of Contract, (2) Breach of Duty of Good Faith and Fair ...

Excerpt: ...gs. Plaintiff moves to amend the complaint. Defendants' motion to compel arbitration is GRANTED. Defendants' motion to stay proceedings is GRANTED. Plaintiff's motion to amend the complaint is DENIED as moot. This action is hereby STAYED pending resolution of the arbitration. The Court sets a Status Conference Re: Arbitration for January 29, 2025 at 8:30 AM. Defendants to give notice. Background Plaintiff Matthew Chidez (“Plaintiff”) filed th...

Excerpt: ...letion of arbitration, and the Court sets an arbitration status conference for January 23, 202 3 at 8:30 a.m. I. BACKGROUN D A. Factua l On July 6, 2023, Plaintiffs, Karen Corea and Citywide Bins & Recycling Corporation (collectively “Plaintiffs”) filed a Complaint against Defendant, Tesla Motors, Inc., and DOES 1 through 10. The Complaint alleges causes of action for” (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code §...

Excerpt: ...financing of solar panels to Plaintiff's residence. Plaintiff sought to cancel the contracts, but defendants refused. Plaintiff seeks a Public Injunction enjoining Solgen Construction, LLC from engaging in solar panel installations without adhering to certain standards, due to prior fraudulent activities. On August 1 and 24, 2023, Plaintiff filed a complaint and first amended complaint for Fraudulent Concealment; Negligence; Violations of The Eld...

Excerpt: ...ted; the matter is stayed pending resolution of arbitration. In this employment action, Plaintiff Frederick Cail (Plaintiff) filed a Complaint on November 6, 2023, alleging FEHA claims for discrimination, failure to prevent discrimination, retaliation, harassment, and retaliation pursuant to Labor Code section 1102.5 against his former employer, Defendants Simplified Transport, LLC, Simplified Staffing Solutions, Inc., Simplified Driver Staffing,...

Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...

Excerpt: ...ic Connector, Inc. (“Defendant”) and DOES 1 through 20, inclusive, alleging twelve causes of action for, among other claims, discrimination, retaliation , and failure to prevent discrimination and retaliation. The Complaint arises from Plaintiff's termination from employment after being placed on medical leave due to her pregnancy. Plaintiff alleges she was wrongfully terminated, among other claims. On October 6, 2023, Defendant filed an Answ...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...”) 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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...