Excerpt: ... the Judicial Arbitration and Mediation Service (“JAMS”) against Respondents 4275 Entertainment, LLC and Jacquees Publishing, LLC (jointly “Respondents”). Pursuant to the JAMS arbitration, the Arbitrator entered an award on September 30, 2022 in favor of Petitioner and against Respondents for a total of $137,013.32. On November 2, 2022, Petitioner filed the instant petition to confirm the arbitration award. On November 22, 2022, Petitione...

Excerpt: ... LAW GROUP, P.C.'S MOTIONS TO COMPEL FURTHER RESPONSES FROM CROSS-DEFENDANT SPOTORA & ASSOCIATES, A.P.C. TO REQUESTS FOR PRODUCTION, SET ONE AND REQUEST FOR ADMISSIONS, SET ONE Procedural Background On September 21, 2020, Plaintiffs Spotora & Associates, A.P.C. (“S&APC”) and Anthony J. Spotora (“Spotora”) filed the instant legal malpractice action. On June 16, 2021, S&APC and Spotora filed a First Amended Complaint against Defendants Wing...

Excerpt: ...tered in favor of Sean D. Caston (“Respondent”) against third-party American Trust Investment Services, Inc. On June 8, 2023, Respondent filed the instant motion to quash service of summons. On June 27, 2023, Petitioner filed an opposition. On June 30, 2023, Respondent filed a reply. Request for Judicial Notice In opposition, Petitioner requests that the Court take judicial notice of the following: A. A copy of the Department of Real Estate P...

Excerpt: ...torney General Act (“PAGA”) claim against Defendants Nkrumah Enterprises, LLC; Urban Street Ventures, Inc.; Rosa Hill; and Charles Hill. On November 14, 2022, Plaintiff filed a Doe amendment naming Nkrumah Enterprises, Inc. as Doe 1. The complaint asserts twelve causes of action for (1) Failure to Pay Minimum Wages, (2) Failure to Furnish Wage and Hour Statements, (3) Failure to Maintain Payroll Records, (4) Failure to Provide Meal and Rest P...

Excerpt: ...p. (“Blue Pine”), Jay Tallon (“Jay”)[1], Linda Dorothy Tallon (“Linda”), and Jennifer Tallon-Miranda (“Linda”) (collectively “Plaintiffs”) filed the instant fraud action against Defendants Blaise Hilton (“Hilton”) and Russell Square Consulting, Inc., (“Russel Square”) (jointly “Defendants”). On January 19, 2023, the Court sustained Defendants' demurrer to the complaint in part with leave to amend. On February 21, 2...

Excerpt: ... relief from the waiver, upon a showing (1) that the party has subsequently served a substantially compliant response, and (2) that the party's failure to respond was the result of mistake, inadvertence, or excusable neglect. (CCP § 2033.280(a)(1-2).) The court “shall” grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing...

Excerpt: ...ainst Defendant Ryan Spivak (“Defendant”). The complaint asserts a single cause of action for Breach of Sublease. On December 12, 2022, Defendant filed the instant motion to compel further responses to the Requests for Production of Documents, Set One (“RPDs”). On June 15, 2023, Plaintiff filed an opposition. On June 20, 2023, Defendant filed a reply. Legal Standard Requests for Production of Documents Code of Civil Procedure section 2031...

Excerpt: ... LAW GROUP, P.C.'S, MOTION TO COMPEL FURTHER RESPONSES FROM CROSS-DEFENDANT ANTHONY J. SPOTORA TO REQUESTS FOR PRODUCTION, SET ONE; Procedural Background On September 21, 2020, Plaintiffs Spotora & Associates, A.P.C. (“S&APC”) and Anthony J. Spotora (“Spotora”) filed the instant legal malpractice action. On June 16, 2021, S&APC and Spotora filed a First Amended Complaint against Defendants Winget, Spadafora & Schwartzberg, LLP (“WS&SLLP...

Excerpt: ...ues Mathieu and Ruth Mathieu (jointly “Plaintiffs”) filed the instant wrongful foreclosure action against Defendants First American Nation, LLC (“FAN”), Mortgage Lender Services, Inc. (“MLS”)[1], and Chicago Title Insurance Company (“CTIC”). On April 22, 2022, Plaintiffs filed a First Amended Complaint against defendants FAN, MLS, and CTIC. On August 15, 2022, the Court sustained Defendant CTIC's demurrer to the First Amended Comp...

Excerpt: ..., LLC (“Defendant”) arising from the purchase of a 2019 Chevrolet Colorado (“Subject Vehicle”). The Complaint asserts four causes of action for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act -Breach of Implied Warranty, (3) Violation of the Song-Beverly Act Section 1793.2, and (4) Violation of the Song-Beverly Act section 1793.22 – Tanner Consumer Protection Act. On December 12, 2022,...

Excerpt: ...EPOSITION SUBPOENA Procedural Background On June 2, 2020, Plaintiffs Bertha Fraire (“Plaintiff”) and Luis Fraire individually and as successors-in-interest (jointly “Plaintiffs”) filed the instant action arising out of the death of their child. On May 17, 2022, Plaintiff filed the operative Fourth Amended Complaint (“4AC”) against defendants Fleming and Barnes Inc. dba Dimondale Adolescent Care Facility [1] (“Dimondale”), County o...

Excerpt: ...on action against Defendants Julien Entenainment_com, Inc. dba Julien' s Auctions, Jason DeBord, and Darren C. Julien (collectively "Defendants"). The complaint asserts seven causes of action for (1) Failure to Provide Meal Breaks: (2) Failure to Provide Rest Breaks: (3) Failure to Pay Wages, (4) Failure to Pay Ovenime, (5) Failure to Provide Accurate Itemized Wage Statements, (6) Violation of Business & Professions Code 17200-17208, and (7) Wron...

Excerpt: ...otion to be relieved as counsel on April 28, 2023. On May 2, 2023, the Court noted that the motion to be relieved was set only a few days before trial and that a supplemental declaration would be necessary. Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed orders on form MC-053 pursuant to CRC Rule 3.1362. The MC-052 form states that Counsel served Client via mail at Clients last knowm mailing address ...

Excerpt: ...Z AND COUNTY OF LOS ANGELES'S MOTION TO DEPOSE INMATE JOSE CRUZ MEDINA FOSTER FAMILY AGENCY; JOSE MEDINA; LORENA MEDINA, et al_, Defendants _ Procedural Backgro und On April 2, 2020, Plaintiffs AR, a minor: and C. R. , a minor, by and through their Guardian ad Litem: Alicia Ramos Acosta ("Plaintiffs") filed the instant negligence action against defendants County of Los Angeles, Nora Erica Sanchez: West Covina Foster Family Agency dba Homes of Hop...

Excerpt: ...vid Bogner ("Bogner") and Emest Financial, LLC Gointly 'Defendants' The Complaint seeks possession of the premises, past due rent, attorney fees, and 10% of gross receipts from Defendants' sublease of the property. Defendant Bogner filed his answer on May 20, 2022. On April 4, 2023, Plaintiff filed the instant motion to deem Requests for Admissions: Set Two, served on Defendant Bogner Admitted On April 5, 2023, the Court granted Plaintiff s Ex Pa...

Excerpt: ...on agamst Defendant Nissan North America, Inc. ("Defendant") arising from the purchase ofa 2021 Nissan Klcks_ The complaint asserts three causes of action for (1) Song- Beverly Consumer Warranty Act — Breach of Express Warranty, (2) Song-Beverly Consumer Warranty Act — Breach of Implied Warranty, and (3) Song-Beverly Consumer Warranty Act Civil Code On November 28, 2022, Plaintiffs filed the instant motion to compel Defendant' s frit-ther res...

Excerpt: ...each of Express Warranty pursuant to the Song-Beverly Act. On December 22, 2022, Plaintiff filed a notice of settlement of the entire case. On March 13, 2023, Plaintiff filed the instant motion for attorneys' fees and costs and filed a memorandum costs. On April 7, 2023, Defendant filed an opposition. On April 14, 2023, Plaintiff filed a reply. Legal Standard Pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney fee...

Excerpt: ...URRER TO THE COMPLAINT Background On May 20, 2022, Plaintiff Michelle Canizales (“Plaintiff”) filed the instant partition and quiet title action against Defendant Michael Canizales (“Defendant”). The complaint alleges that Plaintiff and Defendant are co-owners of 14521 Jaguar Street, Los Angeles CA 91345 (“Subject Property”) with Plaintiff owning a 75% interest in the Subject Property and Defendant owning a 25% interest in the Subject...

Excerpt: ...ction against Defendants FCA US LLC ("FCA") and BPSN 11 LLC dba Russell Westbrook Alfa Romeo Maserati ofVan Nuys ("BPSN" and together, "Defendants"). The Complaint asserts three causes of action for (1) Breach of Implied Warranty of Merchantability Under the Song-Beverly Warranty Act, (2) Breach of Express Warranty Obligations Under the Song-Beverly Warranty Act: and (3) Violation of Song- Beverly Warranty Act Section 1793_2_ On September 29, 202...

Excerpt: ...ns to discovery requests if, "(1) [t]he party has subsequently sewed a response that is in substantial compliance [and] [Y] (2) [t]he partrs failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." (CCP S 2030.290(a); CCP 5 2031.3006); CCP S 2033.2800.) Defendants have conceded in the consolidated opposition that no responses - let alone a substantially compliant responses - they have not served any respo...

Excerpt: ...STCV07425 ("Lead Action"). On December 16: 2019: Street LLC filed the operative First Amended Complaint against Chang Lee: CJWor1d-LA and GRG Collective: LLC[I] asserting causes of action for (1) Breach of Written Contract, (2) [Violation of Penal Code 594]: (3) Intentional Misrepresentation, and (4) Declaratory Relief. On October 31, 2019, Plaintiffs CJWor1d-LA, Chang Lee: and Eric Lee (collectively "CJWorld Parties" or ' 'Plaintiffs") initiated...

Excerpt: ...E FIRST AMENDED COMPLAINT Procedural Background On November 8, 2021, Plaintiffs Douglas Fisher (“Fisher”) and Kevin Gardner (“Gardner”) (jointly “Plaintiffs”) filed the instant breach of habitability action against Defendants James K. Styner, as Trustee of the James and Lilia Styner Family Trust Dated 12- 30-2011, Lilia Styner, as Trustee of the James and Lilia Styner Family Trust Dated 12-30-2011, and Brett Pollock (collectively “D...

Excerpt: ...AYEAUX AND KENNETH MAYEAUX'S MOTION TO COMPEL PLAINTIFF MERIDIAN PACIFIC HOLDINGS, LLC'S FURTHER ANSWERS TO DEPOSITION QUESTIONS Background On May 8, 2019, Plaintiff Meridian Pacific Holdings, LLC (“MPH”) filed the instant action arising out of approximately $1.6 million in advances made pursuant to three business financing agreements. On April 1, 2021, Plaintiffs MPH and Meridian Financial Group, LLC (“MPG”) (jointly “Plaintiffs”) fi...

Excerpt: ...AYEAUX AND KENNETH MAYEAUX'S MOTION TO COMPEL PLAINTIFF MERIDIAN PACIFIC HOLDINGS, LLC'S FURTHER ANSWERS TO DEPOSITION QUESTIONS Background On May 8, 2019, Plaintiff Meridian Pacific Holdings, LLC (“MPH”) filed the instant action arising out of approximately $1.6 million in advances made pursuant to three business financing agreements. On April 1, 2021, Plaintiffs MPH and Meridian Financial Group, LLC (“MPG”) (jointly “Plaintiffs”) fi...

Excerpt: ...filed the instant malpractice action. On October 22, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Freedman + Taitelman LLP (“F&T”), Bryan Freedman (“Freedman”), and Patricia Arias Musitano[1]. The FAC asserts two causes of action for (1) Professional Negligence and (2) Breach of Fiduciary Duty. On September 15, 2022, Defendants F&T and Freedman (jointly “Defendants”) filed the instant moti...

Excerpt: ...�). Counsel filed the instant motion to be relieved as counsel on January 18, 2023. On January 30, 2023, Client filed an opposition. Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362. Counsel served Client at Client's last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by conversation. Counsel also se...

Excerpt: ...On April 3, 2019, Plaintiff David Max (“Plaintiff”) filed the instant action against Defendants 8e6 Corp. (“8e6”), George Shih (“Shih”), Frank Wood (“Wood”), Mahendra Vora (“Vora”), Vora Ventures LLC, Secret Communications II LLC, Darwin Group LLC, Log-On Darwin LLC, Darwin Filter (collectively “Defendants”), and Rodney Miller.[1] The complaint asserted three causes of action for (1) Fraud and Breach of Fiduciary Duty, (2)...

Excerpt: ...cedural Background On March 11, 2020, plaintiff Francisca Velasquez (“Plaintiff”) filed the instant action against defendants Koko Polosajian (“Polosajian”), Cesar Galvan (“Galvan”), Standard Home Lending, Inc. (“Standard Home Lending”) (collectively “Defendants”), Mark S, Nadel, and Nadel & Associates Profit Sharing Plan & CA TD Investments. On February 22, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC�...

Excerpt: ...intiff”) filed the instant defamation action against Defendants Christopher Martinez, Arleen Tibayan (erroneously sued as Arlene Tibayan), Bernard Favela, Albertsons Companies, Inc., Safeway, Inc., and The Vons Companies, Inc. (collectively “Defendants”). The complaint asserts three causes of action for (1) Defamation at Common Law and Pursuant to Civ. Code § 46, (2) Invasion of Privacy – False Light, and (3) Vicarious Liability and Rati...

Excerpt: ...endants Abjad Inc., LLC, Ira Afari, and Sid Afari (collectively “Defendants”). The complaint asserts causes of action for (1) Breach of Written Agreement, (2) Breach of the Covenant of Quiet Enjoyment, (3) Violation of Civ. Code §§ 1941, 1941.1, and 1942.4, (4) Willful Interruption of Services - Violation of Civ. Code § 789.3, (5) Intentional Infliction of Emotional Distress, (6) Negligent Infliction of Emotional Distress, (7) Private Nuis...

Excerpt: ...d the instant wrongful termination action. On October 24, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants SMG Holdings, Inc. (“SMG Inc.”), SMG Holdings, LLC, (“SMG LLC”), ASM Global (“ASM”), and Steve Goodling (“Goodling”). The FAC asserts four causes of action for (1) Retaliation (Labor Code § 1102.5), (2) Wrongful Termination in Violation of Public Policy, (3) Intentional Interference ...

Excerpt: ...s”) filed the instant action against Defendant General Motors LLC (“Defendant”) arising out of Plaintiff's purchase of a 2017 Chevrolet Silverado. The complaint asserts three causes of action for (1) Violation of the Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of the Song- Beverly Act section 1793.2. On October 28, 2022, Plaintiffs filed the instant mot...

Excerpt: ...The complaint asserts a single claim for Indemnity. On July 15, 2022, Defendant filed the instant demurrer to the complaint. On December 1, 2022, Plaintiff filed an opposition. No reply has been filed. Allegations of the Operative Complaints The complaint alleges that: On December 5, 2016, Plaintiff and Defendant formed Antelope Valley Residential Development, LLC (“LLC”) as equal 50/50 members to purchase homes, preform rehab/remodeling and ...

Excerpt: ...ober 10, 2019, plaintiffs Shaival Shah (“Shaival”)[1] and Niraj Shah (“Niraj”) (jointly “Plaintiffs”) filed the instant wrongful foreclosure action. On October 23, 2020, Plaintiffs filed the First Amended Complaint (“FAC”) against Defendants ShyBary Grand, Inc. (“HOA”), Canary Trust Asset Management Inc. dba C&H Trust Deed Service (“Trustee”), DTLA Management, LLC (“DTLA”), Magnum Property Investments LLC[2], and Eric ...

Excerpt: ...ree causes of action for (1) Intentional Misrepresentation, (2) Fraudulent Concealment, and (3) Negligent Misrepresentation. On September 2, 2022, Defendant filed a motion to compel arbitration and the instant motion to seal portions of the motion to compel arbitration. On October 27, 2022, the Court advanced the instant motion to seal from May 1, 2023 to December 12, 2022. (Minute Order 10/27/22.) On November 16, 2022, the parties filed a stipul...

Excerpt: ...”) filed the instant action against Defendant General Motors LLC (“Defendant”) arising out of Plaintiffs' purchase of a 2019 Chevrolet Silverado 1500. The complaint asserts two causes of action for (1) Violation of the Song-Beverly Act – Breach of Express Warranty and (2) Violation of Song-Beverly Act – Breach of Implied Warranty. On September 9, 2022, Plaintiffs filed the instant motion to compel the deposition of Defendant's Person Mo...

Excerpt: ...etareh (“Plaintiff”) filed the instant nuisance action against Defendants De Pacific 9665, LLC (“DE Pacific”), Douglas Emmett, Inc. (“DEI”), and Douglas Emmett Builders (“DEB”) (collectively “Defendants”). On August 30, 2022, Plaintiff filed the operative FAC against Defendants. The FAC asserts four causes of action for (1) Breach of Contract against DE Pacific, (2) Negligence against Defendants, (3) Promissory Fraud, and (4) ...

Excerpt: ...LOW FILING OF TARDY BRIEF Procedural Background On February 19, 2016, Plaintiff Robert Scott Shtofman (“Shtofman”) initiated this action arising out of a dispute over attorney-fees in an underlying case Lopez v. Choi, Los Angeles Superior Case No. BC517067. On May 24, 2016, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants Julie C. Lim (“Lim”); Alliance United Insurance Company, 21 st Century Centennial...

Excerpt: ...ployment discrimination action against defendant D. Bailey Management Company and Does 1 through 20. On June 30, 2020, Plaintiff named defendants Donald Bailey and Lois Bailey as Does 1 and 2 respectively. On September 21, 2020, defendants Donald Bailey and Lois Bailey were dismissed upon the oral request of Plaintiff. (Minute Order 9/21/20.) On January 27, 2021, Plaintiff named defendants Donald Bailey Sr. and McDonald's Restaurants of Californi...

Excerpt: ...MOTION TO COMPEL PLAINTIFF MICHAEL TALLEY'S FURTHER RESPONSES TO REQUESST FOR PRODUCTION OF DOCUMENTS, SET ONE Procedural Background On September 14, 2020, Plaintiff Michael Talley (“Plaintiff”) filed the instant breach of construction contract action against defendants Ramon Cartznes dba Precision Construction Experts, Inc. (“Cartznes”), Precision Construction Experts, Inc. (“Precision”), Stephen Andrew Myers (“Myers”), Alliance ...

Excerpt: ...instant action for violations of the Los Angeles Municipal Code (“LAMC”) and for public nuisance against Defendants Lance Jay Robbins Paloma Partnership, 7 TH Street Associates, Inc., and Lance Jay Robbins (collectively “Defendants”). On June 24, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants. The FAC asserts three causes of action for (1) Unauthorized Change of Use Violation in violation of LAM...

Excerpt: ...NSES TO DEMANDS FOR PRODUCTION, SET NINE Procedural Background On February 13, 2020, plaintiff Daniel Girch (“Plaintiff”) filed the instant employment discrimination action against defendants Lockheed Martin Corporation (“Defendant” or “Lockheed”), Courtney Magill (“Magill”), and Brittany Albertson (“Albertson”) (collectively “Defendants”). On December 17, 2021, Plaintiff filed a motion for leave to file a First Amended Co...

Excerpt: ...d the instant wrongful termination action. On January 14, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants Kiewit Power Constructors Co. (“Kiewit”), Access Pacific, Inc. (“AP”), and Operating Engineers Training Trust (“OETT”) (collectively “Defendants”). The SAC asserts ten causes of action for: (1) Discrimination on the Bases of Gender, Gender Identity, Gender Expression, Sexual Orientat...

Excerpt: ...IREZ; JERRY ESTUARDO LOPEZ LUNA, a minor, by and through his Guardian ad Litem, INGRID JEANNETH LUNA RAMIREZ; and ALEXIS YAHIR LOPEZ LUNA, a minor, by and through his Guardian ad Litem, INGRID JEANNETH LUNA RAMIREZ, Plaintiffs, v. LORENA GAMBOA, et al. Defendants. Case No.: 22STCV02571 Hearing Date: October 24, 2022 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION TO QUASH SERVICE OF SUMMONS Background On January 21, 2022, Plaintiffs Yolanda Sujey Pina R...

Excerpt: ...torney General Act (“PAGA”) action against defendant Lab 3 LLC (“Defendant”). The complaint asserts a single cause of action for penalties under PAGA. On September 14, 2022, Defendant filed the instant motion to compel arbitration. On October 6, 2022, Plaintiffs filed an opposition. No reply has been filed. Legal Standard California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a ...

Excerpt: ....P. MORGAN CHASE BANK, N.A.'S DEMURRER TO THE FIRST AMENDED COMPLAINT Procedural Background Plaintiff Tax Network USA, Inc. (“Plaintiff”) filed the instant action on February 4, 2022. On April 22, 2022, Plaintiff filed the operative first amended complaint (“FAC”) against Defendants Terry Selb, Tyler Bennett, Geoff Plourde, Assured Tax Relief, LLC, American Tax Service, LLC, Elite Sales Solutions Inc., Getataxlawyer.com LLC, American Tax ...

Excerpt: ...STCV35382 (related with 19STCV26182) Hearing Date: October 5, 2022 [TENTATIVE] ORDER RE: DEFENDANT JENNIFER LECHTER'S DEMURRER TO THE COMPLAINT Procedural Background Plaintiff Bianca Fairchild (“Plaintiff”) filed the action Bianca Alexis Fairchild v. Jennifer Lechter, individually and as Successor Trustee of the Gerald M. Friedman Trust; Gerald M. Friedman, also known as Jerry Friedman, 19STCV26182 on July 26, 2019 (“Lead Action”). On Sep...

Excerpt: ...tract and fraud against Defendants Eric Fullilove (“Fullilove”), Yumi Ryoo (“Ryoo”); Rick Juarez (“Juarez”) and PWS, Inc. (“PWS”) (collectively “Defendants”). On September 9, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants. The FAC alleges four causes of action for (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Negligence, and (4) Fraud. On May 31, 2022, Plaintiff filed the...

Excerpt: ...niel Girch (“Plaintiff”) filed the instant employment discrimination action against defendants Lockheed Martin Corporation (“Defendant” or “Lockheed”), Courtney Magill (“Magill”), and Brittany Albertson (“Albertson”) (collectively “Defendants”). On May 5, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants. The SAC asserts ten causes of action for (1) Age Discrimination; (2) Gender D...

Excerpt: ...nt”) and West Covina Nissan[1]. The complaint asserts three causes of action for (1) Breach of Implied Warranty pursuant to the Song-Beverly Act, (2) Breach of Express Warranty pursuant to the Song-Beverly Act, and (3) Negligent Repair. The Complaint, in relevant part, alleges that Plaintiff purchased a 2018 Nissan Altima (“Subject Vehicle”) on November 29, 2019. (Complaint ¶¶ 5-6.) During its warranty period, the Subject Vehicle experien...