Excerpt: ...ul Katz (“Defendant”) at Tujunga Ave. and Erwin St. in Los Angeles. Plaintiff alleges that Defendant failed to make a stop at a posted stop sign, which caused his vehicle to collide with Plaintiff's vehicle, resulting in Plaintiff sustaining bodily injuries. The complaint, filed August 24, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On March 20, 2024, Plaintiff filed a motion to qua...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...t Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for partition of a parcel of real property and for fraud, conversion, and breach of fiduciary duty. Plaintiff alleges that Defendant induced him to loan money for the purchase of the property to operate it as a dispensary. Plaintiff moves for terminating sanctions. Plaintiff also moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Termina...

Excerpt: ...f Milad Nowrozani (Plaintiff) filed this action against Defendant Anthony Chiang (Defendant) and other defendants on February 24, 2023. Plaintiff alleges that Defendant tricked Plaintiff into wiring him $28,000.00. Plaintiff believed that he was ge tting an Audemars Piguet watch, but Defendant never delivered the watch to Plaintiff, and Plaintiff now believes that the watch never existed. Defendant filed an answer in pro per on April 4, 2023. Sin...

Excerpt: ...24 REPLY: 5 April 2024 TENTATIVE: Defendants' Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendants to give notice. BACKGROUND This action arises out of the purchase by John O'Boyle (“Plaintiff”) of a 2019 Porsche 911 GT3 RS (“Subject Vehicle”) from Defendant, Motorcars West, LLC dba The Auto Gallery (“Dealer”). The Complaint alleges that on March 1, 2018, Plaintiff entered into a Delivery Posi...

Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...ac”), Elena Nikolayevna Koroteeva (“Koroteeva”), and Does 1 through 20, inclusive (collectively “Defendants”), asserting five causes of act ion for (1) Breach of Contract; (2) Breach of Guaranty; (3) Conversion; (4) Restitution Based on Unjust Enrichment; and (5) Money Had and Received. On September 13, 2023, the Court entered default against Koroteeva. On February 7, 2024, Plaintiff filed the instant motion for summary judgment or summ...

Excerpt: ...RY JUDGMENT AGAINST PLAINTIFF JUAN ASPUIRO IS GRANTED. 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. No opposition has been recieved. BACKGROUND On May 11, 2022, Plaintiffs Robert Green, et al. filed a complaint against Defendant SR...

Excerpt: ...rtainment LLC, et al. for damages arising from a trip and fall at SoFi stadium. Defendants Kroenke Sports & Entertainment LLC; Stadco LA, LLC; Pincay RE, LLC; and Chargers Football Company, LLC filed their motion for summary judgment/adjudication as to Plaintiff's operative complaint. The hearing on the motion is set for April 26, 202 4. Defendant Contemporary Services Corporation filed its separate motion for summary judgment against Plaintiff's...

Excerpt: ...tion. TENTATIVE RULING : Summary judgment is DENIED. Summary Adjudication is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff John Doe (“Plaintiff”) has brought a suit for the alleged dissemination of his HIV status by Dr. Joshua Rice while he was a patient at the hospital. Specifically, while a colleague and friend were visiting, Dr. Rice and Good Samaritan staff walked into the room with all three, including Plaintiff, and ...

Excerpt: ...t in order to ensure the orderly administration of justice. (Code Civ. Proc., §§ 128, 187; Rutherford v. Owens- Illinois, Inc. (1997) 16 Cal.4th 953, 967 [“It is also well established that courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them.”].) ANALYSIS Defendants 730 N. La Cienega, LLC, Koi LP, Nick Haque, 734 LCB, LLC, and Koi Group, Inc. move to sta...

Excerpt: ...y Injunction Moving Party : Petitioners Save Weddington, Inc., Studio City Residents Association, and Save Los Angeles River Open Space Responding Parties : Respondent City of Los Angeles; Real Parties in Interest Harvard- Westlake School and 4141 Whitsett LLC T/R: PETITIONERS' REQUEST FOR A PRELIMINARY INJUNCTION OR STAY STOPPING ALL APPROVALS, SITE PREPARATION, AND CONSTRUCTION ACTIVITIES IS DENIED. THE PARTIES ARE ASKED TO ADDRESS AT ARGUMENT ...

Excerpt: ...HAT PLAINTIFF SERPOUHIE SARKISSIAN LACKS STANDIN G TO PURSUE HER CAUSES OF ACTION Defendants' motion in limine no. 7 is DENIED. Moving party to provide notice. DISCUSSION Defendants move the Court for an order in limine to (1) preclude the presentation by Plaintiffs of any and all evidence, testimony, and argument that they suffered pecuniary harm based upon the loss of revenues of CVC, and that (2) Plaintiff S. Sarkissian lacks standing to asser...

Excerpt: ...after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified. Leave to amend should be denied only where the facts are not in dispute, and the nature of the plainti...

Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...

Excerpt: ...(SBS), Bryan Russolesi, Daymon Harris, Barbara Chiling, and Timothy Glasserand for (1) Violation of CC 2924.11 (d); (2) Breach of Contract; (3) Unfair Business Practices in Violation of Business and Professions Code §§ 17200 et seq.; (4) Tortuous Interference with Prospective Economic Advantage; (5) Interference with Contract; (6) Quiet Title. (7) Declaratory Relief; (8) Temporary an d Permanent Injunction; (9) Fraud; (10) Wrongful foreclosure ...

Excerpt: ...December 20, 2022, Plaintiff, Los Angeles Apparel, Inc. (“Plaintiff”) filed a Complaint against Defendant, Domestic Medical Supply Coalition LLC and DOES 1 through 50. The Complaint alleges a cause of action for: (1) Breach of Contract; (2) Common Count s. The Complaint is based on allegations that Plaintiff and Defendant entered into a written purchase order requests and invoices, whereby Defendant would purchase gowns and masks made by Plai...

Excerpt: ...: Plaintiff Aeris Nicole De Leon alleges that on September 6, 2021, while plaintiff was a pedestrian, defendant Marco Soto Acevedo, while driving defendant's vehicle, negligently ran through an intersection and collided into plaintiff's body causing plaintif f to be injured. The complaint also alleges a claim for negligence per se, alleging that the injuries suffered by plaintiff were an occurrence the nature of which state statutes and regulatio...

Excerpt: ...to Plaintiff because an account was stated in writing by and between the parties in which it was agreed that Defendant was indebted to Plaintiff. Plaintiff alleges that the claim is based on account number ending in - 2838 for the sum of $33,955.07 by which Defendant has been unjustly enriched. The complaint, filed March 21, 2023, alleges a single cause of action for common counts. On July 7, 2023, Defendant (in propria persona) filed an answer. ...

Excerpt: ...its city truck colliding with Plaintiff Conejo's (“P”) trailer. P was a passenger in the truck towing the damaged trailer and claimed physical injury from the collision. A 4 day jury trial was held in January 2024 solely on the issues of causation of P's alleged personal injury damages and the quantity of those damages. On 1/24/24 the jury returned a verdict for P in the amount of $64,250 (comprised of past and future medical expenses and pas...

Excerpt: ...osts are TAXED by $6,887.55. Costs are AWARDED in favor of Plaintiff and against Defendant in the total amount of $19,608.42. BACKGROUND: On September 29, 2021, Plaintiff Edward Prokop filed his Complaint against Defendant City of Los Angeles on causes of action of harassment and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prej...

Excerpt: ...ey bought a new 2022 Tesla Model X from Defendant Tesla, Inc. Plaintiff alleges that he delivered his Tesla seventeen (17) times to Tesla to repair multiple defects. (Compl. ¶ 16.) Plaintiff claims Tesla was unable to service or repair the car to conform to the applicable express warranties after a reasonable number of attempts. And Tesla failed to promptly r eplace the car or make restitution to Plaintiff. ( Id. ¶ 17.) The operative complaint ...

Excerpt: ...s. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Plaintiff Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum meruit, (6.) breach of ora...

Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ...intiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 states: (a)¿If any party desires to obtain discovery by a physical examination other than that described in Article 2 (commencing with¿Section 2032.210), or...

Excerpt: ...service was defective. Defendant asserts that Plaintiff failed to exercise reasonable diligence in attempting personal service, and that Plaintiff was aware, or easily could have learned, where Mr. Serpik resides as it is a matter of public record. (Serpik Decl. ¶ 2.) Defendant states that Plaintiff relied on an address of a large office building that houses many businesses, only one of which is the law firm that employs Mr. Serpik. (Serpik Decl...

Excerpt: ...uest for Sanctions is GRANTED in part. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant and Defense Counsel, jointly and severally, in the total amount of $1,635.00. BACKGROUND: On August 1, 2023, Plaintiffs Edwin Haratonians and Wellness Care Residence, LLC filed their Complaint against Maurice Maalouf on the following causes of action: (1) declaratory relief; (2) breach of fiduciary duty (two counts); (3) accounting; a...

Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...

Excerpt: ... November 20, 2014, Raymond Tash, Trustee and Plaintiff's counsel to Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. and defense counsel within thirty (30) days of entry of this order. Defendants Vladimir Valsky, Val Serebryany, as trustee of the Serebryany Family Trust, and VIG Private Lending, Inc. to give notice. REASONING Defendants Vladimir Valsky, Val Serebryany, as truste...

Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...

Excerpt: ...use, (2) conversion, (3) unjust enrichment, (4) cancellation of instrument, (5) cancellation of instrument, (6) quiet title, (7) quiet title, (8) violation of Tom Bane Civil Rights Act, (9) violation of Civil Code Section 789.3, and (10) wrongful eviction. On October 27, 2023, Defendant served Plaintiff with requests for admission (set one) (RFAs) by mail and email. (Chen Decl., ¶ 4.) Plaintiff's daughter acknowledged receipt of the discovery by...

Excerpt: ...rovide Responses to Requests for Production of Documents, Set One, and Request for $2,356.65 in Monetary Sanctions [CRS# 9791]; and Defendant JLR Los Angeles LLC's Motion for Order Compelling Plaintiff Powerhouse Enterprise Ltd. to Provide Responses to Requests for Production of Documents, Set One, and Request for $2,271.65 in Monetary Sanctions [CRS# 9791]. I. Background The complaint in this case alleges violations of the California Consumer Le...

Excerpt: ...ANAGEMENT COMPANY v. MARB CONSTRUCTION MANAGEMENT, an entity; ML PLUMBING, an entity; MICHAEL LEVENDOSKY, an individual; and ROES 1-50 inclusive TENTATIVE RULING – COMPEL RESPONSES BACKGROUND Plaintiffs filed a Complaint against Defendants on 9/1/2022 alleging three causes of action for: (1) General Negligence; (2) Negligent Hiring, Supervision, or Retention of Employee; and (3) Negligent Infliction of Emotional Distress. On 11/17/2022, a Cross...

Excerpt: ...nt, Inc. and Yuke Hou filed a Complaint against Yi Wang, Lei Zhang, and Hedi Wang on 06/21/2023. On 7/11/2023, Plaintiffs Hairun Investment, Inc. and Yuke Hou filed an ex parte application for a temporary restraining order. On 7/13/2023, the ex parte application was granted in part. On 8/2/2023, the Plaintiffs' request for a preliminary injunction was denied, and the temporary restraining order issued on 7/13/2023 was dissolved. Yi Wang filed an ...

Excerpt: ... of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty Civil Code Section 1791.2 subdivision (a), Section 1794; and (5) Breach of the Implied Warranty of Merchantability Civil Code Section 1791.1, Section 1794. RELIEF REQUESTED¿ “Plaintiff moves for an order compelling Defendant, FCA US LLC to respond to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Ad...

Excerpt: ... to May 24, 2024 at 9:30 a.m. The parties are ordered to meet and confer pursuant to the guidelines provided by this Court below, and Plaintiff is ordered to file a 2 nd Amended Separate Statement after the completion of the Court -ordered further meet and confer, consistent with the even more detailed direction given by the Court in this Tentative Ruling . (2) CONTINUED and will be determined at the next hearing. I. BACKGROUND A. Factual On Febr...

Excerpt: ...iff”) RESPONDING PARTY: Defendant American Honda Motor Co., Inc. (“AHM” or “Defendant”) NOTICE: OK RELIEF REQUESTED: An order from this Court compelling AHM to provide further responses to Plaintiff's first set of Special Interrogatories Nos. 10, 46 -48, and imposing monetary sanctions in the amount of $2,185.00 against AHM and its attorney of record. TENTATIVE RULING: The motion is DENIED. The request for monetary sanctions is DENIED. ...

Excerpt: ...country. It alleges that in December 2021, it entered into a contract with SA Hospital Acquisition, LLC (“SAH”), which was owned by Defendants Lawrence Feigen and Jeffrey Ahlholm. Plaintiff alleges that under its agreement with SAH, SAH agreed to use Plaintiff's HR services and Feigen and Ahlholm each personally guaranteed SAH's payment and performance obligations under the agreement. Plaintiff alleges that SAH began having difficulty submitt...

Excerpt: ...VE RULING: 1. Motion to Compel Arbitration is GRANTED; 2. The court ORDERS this action STAYED pending arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 20, 2023, Plaintiff Shane Lichterman (Plaintiff) filed a Complaint against Defendants Baxter of California, LLC and Ambi Enterprises Inc. (Defendants) with three causes of action for: (1) Retaliation in Violation of Labor Code §98.6, (2) Retaliatio n in Violation of Labor Code ...

Excerpt: ...n, counsel for Plaintiff, Fredrick Smith, filed a Motion to be Relieved as Counsel. The court granted the motion on January 5, 2024. As such, Plaintiff is currently self- represented. On October 12, 2023, Defendant, Clearpath Federal Credit Union, filed these motions to compel Plaintiff's verifications and further responses to Requests for Production, Set One, Nos. 13, 14, 18, 19, 25, and 28- 30, and to compel Plaintiff's verifications to Form In...

Excerpt: ...anchez sued Defendants Mercedes -Benz USA, LLC and Does 1 through 10 pursuant to a July 3, 2023 Complaint violations of the Song Beverly Act. The claims arise from the following allegations. On July 20, 2019, Plaintiff purchased a 2019 Mercedes-Benz GLA250W (Vehicle) manufactured and/or distributed by Mercedez- Benz. In connection with this purchase, Plaintiff received an express written warranty from Mercedez -Benz, which undertook to preserve o...

Excerpt: ...ywood, Inc. (“Starline”) on causes of action for unfair competition (statutory and common law), intentional interference with prospective economi c advantage, and false advertising. On June 8, 2022, the Court found related cases 19STCV36480 and 22STCV14150, and designated 19STCV36480 as the lead case. On October 31, 2022, the Court sustained Starline's Demurrer to the Complaint's third cause of action for intentional interference with prospec...

Excerpt: ...MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Behzad Richey alleges that in May of 2020, plaintiff purchased a 2019 Alfa Romeo Stelvio new motor vehicle manufactured or distributed by defendant FCA US LLC, and plaintiff received express warranties that the vehicle would be free from defects in materials, nonconformities or workmanship during the applicable warranty period, and to the extent the...

Excerpt: ...ACTION AND ANALYSIS On October 6, 2023, Plaintiff Mina Asghari (Plaintiff) filed this lemon law case against Defendant General Motors, LLC (Defendant). As part of Plaintiff's discovery requests in this case, Plaintiff served a notice of deposition for Defendant's person most qualified (PMQ) on November 2, 2023. On November 21, 2023, Defendant served objections to the notice, which Plaintiff claims were baseless, boilerplate objections. On Novembe...

Excerpt: ...der Re Discovery (Song Beverly Litigation) MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Arvin Pairavi alleges that in August of 2022 plaintiff purchased from defendant dealer Allen Gwynn Chevrolet, Inc. (Allen Gwynn) a new 2023 Chevrolet Corvette vehicle, which was sold to plaintiff with an express warranty from the vehicle manufact urer, defendant General Motors LLC (General Motors). Plaintiff alleges that the vehicle was also so...

Excerpt: ...o give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On January 16, 2019, Plaintiffs Brian Yang and Jerry Xu filed a Complaint against Defendants Michel Amar, Alec Amar, Bit.Management, LLC, NYAM, LLC and Multiple Application Technology, LLC for (1) breach of fiduciary duty, (2) breach of contract, (3) breac h of the implied covenant ...

Excerpt: ...ed Plaintiff through staff agency Partners Personnel – Management Services (“PPMS”). While employed with WePackItAll, Aguilera suffered various hand injuries which required accommodations. After the first injury, WePackItAll did not accommodate Aguilera. He continued working in the same manner and fashion prior to the injury. As a result, Aguilera suffered a second hand injury. WePackItAll did not offer Aguilera an y alternative light duty ...

Excerpt: ...ent in the Tentative Ruling, no argument will be permitted unless a “ party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Armen Elvis Sahakian...

Excerpt: ...Mercedes- Benz USA, LLC moves the Court for an order (i) compelling Plaintiff Sergio De Alba Sr., et al to arbitrate all of his claims in accordance with the arbitration agreement; and (ii) staying this action pending the outcome of arbitration. This motion is authorized by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16, California Code of Civil Procedure § 1281 et seq. and supported by the accompanying Memorandum of Points and Aut...

Excerpt: ...Wei”), Yi Zhang Zhou (“Zhou”), 1\ 61 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC (“9416 Broadway\ ”) asserting causes of action for breach of contract, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty, fraud, unjust enrichment, and constructive trust. Plaintiff alleges he owned interests in property loc\ ated at 161 Alice Street in Arcadia, California (the “Alice Property”), \ and 941...