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...