Excerpt: ...aintiffs Advanced Frozen Treat, Prism Marketing Corporation, and Steven J. Levine (collectively, “Plaintiffs”) initiated the instant action against defendants The Vollrath Company, L.L.C., Richard Koehl, and Colleen J. Wilder (collectively, “Defendants”). On August 21, 2017, Plaintiffs filed their First Amended Complaint. On January 25, 2018, this action was stayed due to a proceeding in on a related matter in the Eastern District Court o...

Excerpt: ...“Defendants”) after the court dismissed the case under Code of Civil Procedure section 583.310. Plaintiff appealed. The Court of Appeal affirmed the judgment on April 26, 2019. On August 15, 2019, Defendants filed the instant motion for attorney fees. Plaintiff has not filed any opposition. Legal Standard Pursuant to Code of Civil Procedure section 1033.5, subdivision (a)(10)(A), attorney fees when authorized by contract are allowable as cost...

Excerpt: ... & Associates, a Professional Corporation (“Law Firm”), Hossein F. Berenji, an individual (“Berenji”), Jack Zuckerman, an individual (“Zuckerman”), Christopher R. Abernathy, an individual (“Abernathy”), Eugene Carson, III, an individual (“Carson”) and Does 1 to 100 (jointly “Defendants”) alleging ten causes of action related to legal malpractice in connection with Law Firm's representation of Plaintiff and Abernathy and Ca...

Excerpt: ...ly Koerber (“Plaintiff”) filed this action against defendants Project Veritas, Project Veritas Action Fund, James O'Keefe III, Allison Maass and Christian Hartsock alleging causes of action for (1) Intentional Infliction of Emotional Distress, (2) Unfair Business Practices, (3) Negligence, (4) Defamation and (5) Intentional Interference with Prospective Economic Advantage. The Complaint in relevant part alleges the following: In 2015, during ...

Excerpt: ...O CCP § 425.16(G) BACKGROUND This action arises out of Plaintiff/Cross-Defendant Julie Verner's (“Verner”) termination by her former employer Defendant/Cross-Complainant American Business Bank (“ABB”). Verner, ABB's Chief Financial Officer, alleges that she reported misconduct by ABB's Chief Executive Officer Leon Blankstein (“Blankstein”) and Chief Investment Officer Wes Schaeffer (“Schaeffer”), specifically spending corporate m...

Excerpt: ...he pseudonyms Jane Doe and Jenny Roe, filed a complaint against Defendants Lyneer Staffing Solutions, LLC, Employers HR, LLC, Capacity West LLC, Juan Ilario, Jonathan Silva, Yvonne Canseco, and Does 1 to 100, alleging the following fourteen causes of action: (1) sexual assault and battery; (2) sexual harassment in violation of the FEHA; (3) discrimination in violation of the FEHA; (4) retaliation in violation of the FEHA; (5) failure to prevent d...

Excerpt: ...Court has considered the moving and opposition papers. No reply has been filed. BACKGROUND This is a lemon law action arising out of the ownership of a 2012 Kia Sorento VIN 5XYKT3A64CG308937 (the “Vehicle”), allegedly manufactured and distributed by Defendant. On April 29, 2019, Plaintiff filed her initial Complaint against Defendant alleging (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793...

Excerpt: ...ly 11, 2018, Plaintiff Hossein Fatehmanesh (“Plaintiff”) filed a complaint against Defendant David Lally for negligent breach of contract and professional negligence for legal malpractice. On December 20, 2018, Plaintiff filed an amendment to complaint, correcting Defendant David Lally's name to David Brian Lally. On February 26, 2019, David Brian Lally (“Defendant”) filed a demurrer to the complaint. The Court sustained the demurrer with...

Excerpt: ...iff Dale Sims (“Plaintiff”) filed the complaint in this action against Defendants Quantech Services, Inc. (“QSI”), Michael Welborn (“Welborn”), and Maryann Cromwell. On July 9, 2019, the Court sustained Welborn and Defendant Maryanne Cromwell's (“Cromwell”) demurrer to the 2 nd (employment discrimination (disparate treatment) based upon race), 4 th (employment discrimination (disparate treatment) based upon age), 5 th (retaliation...

Excerpt: ...for civil penalties and injunctive relief. Plaintiff alleges Defendant violated Proposition 65 by failing to provide clear and reasonable warnings about the risk of exposure to the lead in brass bars manufactured, distributed and sold by Defendant. On August 29, 2019, Plaintiff filed the instant motion to approve a Proposition 65 settlement and consent judgment. No opposition or reply papers have been filed. LEGAL STANDARD The Safe Drinking Water...

Excerpt: ... Court has considered the moving papers. No opposition or reply has been filed. BACKGROUND This is a quiet title action involving residential property known as 6439 Deep Dell Place, Los Angeles, California 90068 (the “Property”) and several different loans. Plaintiff is pursuing non-judicial foreclosure but first seeks to confirm the precedence of Plaintiff's deed of trust. Defendants Intellectual Distributions, L.L.C. (“Defendant”) and D...

Excerpt: ...). RESPONDING PARTY: Plaintiffs Wu Meng Ta, Frank Chen, Fritz Chen, and Chung Yao Tin (collectively, “Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On December 21, 2018, Plaintiffs commenced this action against Moving Defendants, as well as Robert Flanigan, Laguna Soul LLC and Does 1 to 30 alleging causes of action for (1) Declaratory Relief, (2) Breach of Written Contract, (3) Breach of Implied Co...

Excerpt: ...f”) alleges that he has been subjected to retaliation for filing a prior lawsuit for racial harassment, discrimination, and retaliation against Defendant City of Montebello (“Defendant”) On August 9, 2017, Plaintiff filed a government claim with Defendant and identified Chief Fernando Pelaez (“Chief Pelaez”) as a witness to his claims. (Van Ligten Decl. Ex. A. at 3:23-24) On August 22, 2017, Plaintiff filed the operative complaint asser...

Excerpt: ... reply papers. BACKGROUND On December 6, 2018, Plaintiff filed this lemon law action against FCA alleging a cause of action for (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; and (3) fraudulent inducement- concealment. The alleges the following: On February 5, 2016, Plaintiff purchased a new 2015 Chrysler 200 vehicle with express warranties from FCA. (First Ame...

Excerpt: ..., asserting causes of action for minimum wage violations, overtime violations, failure to authorize and permit rest periods, failure to provide meal periods, inaccurate wage statements, failure to provide wages due upon discharge, failure to reimburse necessary expenses, and unfair competition. On November 28, 2017, Defendant filed an answer to the complaint. On May 6, 2019, Plaintiff filed a Notice of Settlement of the Entire Case. On October 11...

Excerpt: ...ants AW Collision SCI, Joseph Ibrahim, and Juan Martinez (collectively “Defendants”), asserting causes of action for unpaid overtime wages, meal period violations, rest period violations, failure to reimburse necessary business expenses, failure to provide accurate wage statements, failure to provide wages due upon discharge, harassment, failure to prevent discrimination and harassment, employment discrimination, wrongful constructive dischar...

Excerpt: ...as considered the moving papers, opposition, and reply. BACKGROUND This is a breach of warranty action arising from Plaintiffs' purchase of a 2016 Chrysler 200 (“Subject Vehicle”) from Defendant through Defendant Champion Chrysler Jeep Dodge Ram Fiat that was backed by a warranty. Essentially, Plaintiffs allege that defects and issues in the Subject Vehicle presented a safety risk, and Defendant was aware of such defects but concealed the iss...

Excerpt: ...arises out of an alleged retaliation against Plaintiff whereby Plaintiff's employer, the City of Los Angeles, allegedly denied Plaintiff a promotion due to her previous litigation history against the City. On January 24, 2019, Plaintiff Debbie Lopez (“Plaintiff” or “Lopez”) commenced this action against Defendant City of Los Angeles. (“Defendant” or “City”). On June 11, 2019, Plaintiff filed the operative First Amended Complaint (...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged breach of a lease agreement. Plaintiffs Sikanader (“Alex”) Bana (“Bana”) and Big Bite Foods, Inc. (“ Bit Bite”) (collectively, “Plaintiffs”) commenced this action against defendants El Rita Henneberry Trust (“Henneberry Trust”) and Timothy Thomas Henneberry as trustee of the Henneberry Trust (“Henneberry or Trustee”) (...

Excerpt: ...anader (“Alex”) Bana and Big Bite Foods, Inc. The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged breach of a lease agreement. On May 2, 2019, plaintiffs Sikanader (“Alex”) Bana (“Bana”) and Big Bite Foods, Inc. (“ Bit Bite”) (collectively, “Plaintiffs”) commenced this action against defendants El Rita Henneberry Trust (“Henneberry Trust”) and Timothy Thomas Hen...

Excerpt: ...�) for recovery on guarantee agreements. The complaint alleges the following: Defendants, brother and sister, were the de facto owners of Trianda, Inc., a corporation to which Plaintiff delivered several kilograms of gold. Beginning in May 2018 through November 2018, in five separate transactions, Plaintiff delivered to Trianda 43000 grams of “999 Gold” for a total price of $181,747.00 pursuant to a “Memorandum” creating a “contract of ...

Excerpt: ...ment, LLC, Viper Room Sunset, LLC, and Mike Wilson a/k/a Maci Jane Wilson for (1) sexual harassment; (2) age and gender discrimination; (3) failure to prevent FEHA violations; (4) failure to correct FEHA violations; (5) wrongful termination for FEHA complaints; (5) wrongful termination for FEHA complaints; (6) negligent retention and supervision; (7) failure to provide meal breaks; (8) failure to pay minimum wage for all hours worked; (9) failure...

Excerpt: ...��) The Court has considered the moving papers, opposition, and reply. BACKGROUND This is a harassment and discrimination action arising out of Plaintiff's employment with Defendant City of Lynwood (the “City”). Plaintiff was employed as a Payroll Specialist and assisted with criminal prosecutions of City officials. (Complaint ¶¶ 1, 7.) Plaintiff alleges that Defendant, who was employed as a Payroll and Accounting Supervisor and was in char...

Excerpt: ...Defendant Kia Motors America, Inc. (“Kia” or “Defendant”). On June 13, 2019, Plaintiff Jorge Ventura Santamaria (“Plaintiff”) filed the Complaint against Kia alleging (1) violation of Civil Code Section 1793.2, subdivision (d); (2) violation of Civil Code Section 1793.2, subdivision (b); (3) violation of Civil Code Section 1793.2, subdivision (a)(3); (4) breach of express written warranty – Civil Code Sections 1791.2, subdivision (a...

Excerpt: ...nvestment LLC (“Shammas”) and Does 1 to 100 for civil penalties under PAGA asserting causes of action for: (1) failure to pay overtime wages, (2) failure to pay all wages, (3) failure to authorize and permit all paid rest periods, (4) failure to timely furnish accurate itemized wage statements, (5) violations of Labor Code § 203, (6) failure to fully reimburse work expenses, and (7) violations of Labor Code § 2751. On October 16, 2019, the ...

Excerpt: ...ndant and Cross-Complainant, DAVID SILVERIA (“Cross- Complainant”) The Court has considered the moving, opposing, reply, and supplemental papers. BACKGROUND This case involves members of a musical band disputing the payment of specific royalties. On February 26, 2015, Cross-Complainant initiated a civil action, David Silveria v. Jonathan David et al., Los Angeles Superior Court Case No. BC573835, against Cross- Defendants for breach of partne...

Excerpt: ...mployment as a security guard with Defendants Diamond Dr 16, Inc. (“Defendant”), Emil Mahgerefteh, Nasser Mahgerefteh, and Sam Mahgerefteh. Specifically, Plaintiff alleges wage and hour violations under the Labor Code and retaliation. In the operative complaint, Plaintiff asserts 10 causes of action:[1] (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide mandated meal breaks; (4) failure to provide mand...

Excerpt: ... a form complaint against Defendant Wassen Elshaied for damages arising from an alleged slip and fall accident that occurred at Defendant's property. Plaintiff resides at Defendant's property. Plaintiff asserted causes of action for (1) general negligence, (2) intentional tort, and (3) premises liability. Plaintiff did not attach additional pages specific to those causes of action to his form complaint. On July 24, 2019, Plaintiff filed an amende...

Excerpt: ...rvices (Camden), and Does 1 through 20 for damages arising from allegations of a security guard's tortious conduct at or near the Rite Aid store located at 7900 West Sunset Boulevard, Los Angeles (the Rite Aid Store). On April 29, 2019, Plaintiff amended his complaint to substitute the demurring party, Security Resources, Inc. (Defendant) for Doe 1. On May 20, 2019, Rite Aid Headquarters, Inc. sued Camden and Defendant in a cross- complaint for (...

Excerpt: ...�Defendant”) alleging causes of action for (1) wrongful termination (FEHA), (2) wrongful termination, (3) disability discrimination, (4) failure to accommodate a disability, (5) failure to engage in interactive processes, (6) retaliation in violation of FEHA, (7) retaliation in violation of public policy, (8) failure to take reasonable steps to prevent/remedy disability discrimination, (9) harassment in violation of FEHA. On April 2, 2019, a ju...

Excerpt: ...RIPA (“Plaintiff”). The Court has considered the moving, opposing and reply papers. BACKGROUND On October 9, 2018, Plaintiff commenced this action against Defendants Athas Capital Group, Inc. (“Athas”), Brian O'Shaughnessy (“Shaughnessy”) and Does 1 to 25. On May 30, 2019, the Court sustained Athas Capital Group's demurrer to the original complaint. On June 19, 2019, Plaintiff filed a First Amended Complaint alleging the following six...

Excerpt: ... 2016 BMW 550i, manufactured and warranted by Defendant BMW of North America, LLC (“Defendant”). On March 14, 2019, plaintiff Talin Chakaria (“Plaintiff”) filed the instant motion to compel the deposition of Defendant's person most knowledgeable (“PMK”) as well as the production of documents. Defendant has filed opposition papers, and Plaintiff has filed a reply.[1] Legal Standard Pursuant to Code of Civil Procedure section 2025.450, ...

Excerpt: ...Paulo Chun (“Chun”) (collectively “Defendants”) RESPONDING PARTY: Plaintiff Smyrna Church, Inc. (“Plaintiff”) The Court has considered the moving, opposing and reply papers. BACKGROUND On March 7, 2019, Plaintiff filed a Fourth Amended Complaint in this action. In the Fourth Amended Complaint, Plaintiff asserts a cause of action for negligence (2 nd) against Defendants, a cause of action for negligence vicarious liability (3 rd) again...

Excerpt: ...ENDED CROSS- COMPLAINT Background On June 6, 2016, Polaris commenced this action against Peter John Simrose, Banu Aslan Simrose (“the Simroses”) and Does 1 to 50 alleging causes of action for (1) breach of contract, (2) services rendered, (3) unjust enrichment, (4) quantum meruit, (5) open book account, (6) foreclosure of mechanic's lien, (7) intentional misrepresentation, (8) negligent misrepresentation and (9) bad checks in violation of Civ...

Excerpt: ...otice of non‐opposition. No reply has been filed. BACKGROUND On February 15, 2018, Plaintiff Farideh Bagheri (“Bagheri”) filed a complaint against Defendants Ann C. Stevenson (“Stevenson”); all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in this complaint; and Does 1 through 20 for (1) quiet title; (2) declaratory relief; and (3) cancellation of instrument. On July 6,...

Excerpt: ...envenu Sr. (“Plaintiff”) The Court has considered the moving, opposing, and reply papers. BACKGROUND On December 6, 2018, Plaintiff filed this lemon law action against FCA alleging a cause of action for (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly Act; and (3) fraudulent inducement- concealment. The complaint alleges the following: On February 5, 2016, Plainti...

Excerpt: ...rt has considered the moving, opposing and reply papers. BACKGROUND On October 9, 2018, Plaintiff commenced this action against defendants Athas, Brian <001800030044004f004f00 00580056004800560003[of action for (1) wrongful termination in violation of public policy, (2) retaliation in violation of the Fair Employment and Housing Act, (3) retaliation in violation of public policy, (4) violation of Labor Code § 98.6, (5) violation of Labor Code §...

Excerpt: ...crimination, and wrongful termination by her former employer, defendants Los Angeles Section National Council of Jewish Women, Inc. and Hillary Selvin. On July 20, 2018, Plaintiff filed the instant motion to compel further responses to special interrogatory (“SROG”) set three, from Defendant National Council of Jewish Women, Inc. (“Defendant”). On May 16, 2019, Defendant filed its opposition and response to Plaintiff's separate statement....

Excerpt: ... Boulevard, Los Angeles, CA 90017 (“Property”). The Complaint alleges the following: Plaintiffs and Defendant Ward Trust own varying fee simple interests in the Property. Plaintiffs seek to liquidate the Property's equity. To this end, Plaintiffs each signed a listing agreement to market the Property for sale and tendered the agreement to the Ward Trust. To date, the Ward Trust refuses to sign. Plaintiffs have also proposed that the Ward Trus...

Excerpt: ... Does 1‐5 alleging causes of action for (1) actual and/or perceived disability discrimination, (2) failure to accommodate, (3) failure to engage in the interactive process, (4) unlawful retaliation, (5) unlawful harassment, (6) failure to prevent harassment, discrimination, and/or retaliation, (7) violation of Health and Safety Code section 1278.5, (8) violation of Labor Code section 1102.5, (9) wrongful adverse employment actions in violation ...

Excerpt: ...ndant”). On February 20, 2019, Plaintiff Federico Lazo (“Plaintiff') filed the instant motion to compel further responses to Request for Production of Documents (Set One). [1] Defendant filed opposition papers. Plaintiff filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide full and complete responses to Request for Production of Documents (Set One) Nos. 9, 16, 33, 34, 37‐43, 45, 48, and ...

Excerpt: ...ans' Services, Inc., dba Blue Shield of California, Inc. (“Defendant”) alleging a single cause of action for breach of contract. On July 30, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for: (1) breach of the implied covenant of good faith and fair dealing; (2) breach of contract; and (3) violations of Business & Professions Code section 17200. The FAC alleges the following: (1) Plaintiff has been cove...

Excerpt: ...d Bruce A. Fields (“Fields”) (collectively, “Defendants”) RESPONDING PARTY: Plaintiffs Dr. Cadrin E. Gill, CEO (“Gill”) and Vernon Property Group, Inc. (“Vernon Property”) (collectively, “Plaintiffs”) The Court has considered the moving, opposing and reply papers. BACKGROUND Plaintiffs commenced this legal malpractice action against their former counsel on June 12, 2017. After the Court granted leave to do so, Plaintiffs filed...

Excerpt: ...ties for music. In the complaint, plaintiff Louis Mayorga (“Plaintiff”) alleges that he was represented by attorney Evan S. Cohen in the prior litigation entitled, Louis Mayorga v. Lisa Fancher, LASC Case No. BC643234, and that Defendant Cohen negotiated a settlement agreement whereby a third-party record company, Cleopatra Records, Inc., would buy-out the rights to Plaintiff's record album. Plaintiff alleges that Mr. Cohen did not disclose v...

Excerpt: ...hrough 50 alleging causes of action for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) constructive trust, (4) promissory estoppel, (5) negligent misrepresentation, (6) intentional misrepresentation, and (7) fraud. On April 5, 2018, Auto Traders purportedly filed an Answer to the Complaint. This Answer is unsigned and the person filing the Answer is undisclosed. At the Case Management Conference on July 20, 201...

Excerpt: ...”). On January 3, 2019, [1] Plaintiff Kimberly D'Ambra (“Plaintiff”) filed the instant motion to compel further responses to Special Interrogatories (Set One) against Defendant. Defendant filed opposition papers. Plaintiff filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide full and complete responses to Special Interrogatories Nos. 1, 14, 25, 26, 27, 31, 34, 35, 36, 40, 41, 43, 45, 46,...

Excerpt: ... for terminating sanctions or in the alternative issue or evidentiary sanctions against Defendant/Cross Complainant Netxperts Inc. (“Netxperts”) for Netxperts' failure to obey multiple discovery orders issued by the Court. Plaintiff also seeks sanctions in the amount of $2,600. The motion was unopposed. This motion was initially scheduled to be heard on February 6, 2019. Counsel for Netxperts appeared at the hearing on February 6, 2019 and re...

Excerpt: ...ipt of opposition or reply papers. BACKGROUND On March 1, 2018, Plaintiff Cynthia Sada commenced this action against defendants Gloria's Flowers, AAA Gloria's Flowers (jointly “Gloria's Flowers”) and Does 1 to 50 alleging causes of action for negligence and premises liability arising out of injuries sustained when Plaintiff fell while walking down steps on Defendants' premises. <000f00030049004c004f00 00560056001000260052[mplaint against Plai...

Excerpt: ...”) filed the instant motion to compel an independent mental examination of plaintiff Luis Pineda (“Plaintiff”). On April 24, 2019, Plaintiff filed an opposition. On April 30, 2019, Defendant filed a reply. Defendant seeks an order requiring Plaintiff to submit to the examination on June 19, 2019 at 11:00 a.m. at Dr. Rosenberg's office, located 21900 Burbank Blvd., Third Floor, Woodland Hills, California 91367. Legal Standard Where the p...

Excerpt: ... (“Remy”) (jointly “Defendants”) on May 8, 2017 alleging causes of action for wage and hour violations under the Labor Code and Unfair Business Practices. On April 15, 2019 Plaintiff filed the instant motion to compel defendant Mathew to appear at trial and produce certain documents. The motion was initially scheduled for August 14, 2019. However, on April 17, 2019, the Court granted Plaintiff's ex parte motion and advanced the hearing on...

Excerpt: ...ng and reply papers. BACKGROUND On March 1, 2018, plaintiff Ruth Flores (“Plaintiff”) filed this action against defendants City of Pomona (“the City”), Michael Neaderbaomer (“Neaderbaomer”) and Does 1 to 10 (jointly “Defendants”), alleging seven causes of action related to workplace gender and sexual orientation discrimination based on Government Code sections 12940 et seq. Plaintiff alleges that she was harassed and retaliated ag...

Excerpt: ...e's Restaurants LLC, Applebee's Restaurants West LLC, Applebee's Franchisor LLC, Apple American Group LLC, Apple American Group II LLC, Apple Socal LLC, Apple Socal II LLC (collectively “Apple”), Flynn Restaurant Group (“Flynn”), Lance Dombroski (“Dombroski”), Jose Pancheco (“Pancheco”), Nelson Johnson (“Johnson”), Frankie Valle (“Valle”) and Does 1 to 100 for wrongful termination in violation of FEHA and the Labor Code, s...

Excerpt: ...ARTY: Plaintiffs Wu Meng Ta, Frank Chen, Fritz Chen and Chung Yao Yin (collectively “Plaintiffs”). The Court has considered the moving, opposing and reply papers. BACKGROUND On December 21, 2018, Plaintiffs commenced the instant action against Moving Defendants, as well as Robert Flanigan, Laguna Soul LLC and Does 1 to 30 alleging causes of action for (1) Declaratory Relief, (2) Breach of Written Contract, (3) Breach of Implied Covenant of Go...

Excerpt: ... papers. BACKGROUND On January 16, 2019, Plaintiff filed this lemon law action against Kia alleging (1) breach of implied warranty of merchantability under the Song Beverly Consumer Warranty Act, (2) breach of express warranty of merchantability under the Song Beverly Consumer Warranty Act and (3) violation of Song Beverly Consumer Warranty Act section 1793.2. The complaint alleges the following: On May 9, 2011, Plaintiff purchased a new 2011 Kia...

Excerpt: ...LC (“Defendant”). On January 3, 2019[1], plaintiff Kimberly D'Ambra (“Plaintiff”) filed the instant motion to compel further responses to form interrogatories (“FROGs”) from Defendant. Defendant has filed opposition papers. Plaintiff has filed a reply. Plaintiff contends that Defendant has, without substantial justification, failed to provide proper response to FROGs numbers 1.1, 12.1, 15.1 and 17.1. Plaintiff also seeks sanctions in ...

Excerpt: ...refers to a declaration of Brandon McNeal that was purportedly filed concurrently along with the default judgment package. However, court records do not reflect that such a declaration was ever filed electronically. Nor has the Court received a physical, hard copy of such a declaration. Wells Fargo requests judicial notice of: Exhibit 1, a complaint filed in Nationstar Mortgage LLC v. Patrick Joseph Soria, et al., the United States District Court...

Excerpt: ...ome. (Complaint ¶¶ 17-43.) On November 5, 2018, Plaintiff filed the instant motion to compel a site inspection of defendant Christopher Brown's property or granting a protective order to prohibit Defendant Christopher Brown from videotaping Plaintiff and Plaintiff's counsel during the site inspection. On April 12, 2019, defendant Christopher Brown (“Brown”) filed a response to the motion. On April 18, 2019, Plaintiff filed a reply. Motion t...

Excerpt: ...ster (“Plaintiff”). Hill also requests sanctions in the amount of $1,460. On April 18, 2019, Hill filed a reply stating that Plaintiff has failed to oppose the motion. On April 19, 2019, Plaintiff filed a response to Hill's moving papers. Motion to Compel Hill moves under CCP §2033.280 to deem the RFAs admitted. Where there has been no timely response to a request for admission under CCP § 2033.010, the propounding party may move for an ord...

Excerpt: ... to their age. On March 29, 2019, plaintiff Delia Purdue (“Plaintiff”) filed the instant motion to compel further responses to request for production (“RPDs”) from Defendant Mobile Modular Development (“Defendant”). Plaintiff moves to compel Defendant to provide further responses to RPDs, Set One, Nos: 1 – 32. Plaintiff also seeks sanctions in the amount of $4,400.00 and costs in the amount of $60.00 against Defendant and its attorn...

Excerpt: ...unny Day Acres LLC (“SDA”) (jointly “Cross‐Complainants”). The Court has considered the moving, opposing and reply papers. BACKGROUND On August 29, 2018, Kover commenced this action against Cross‐Complainants alleging numerous causes of action arising from the death of Kover's dog, “Fred,” while Fred was being cared for by Cross‐Complainants. (Complaint at 1:25‐2:21.) Kover alleges that Fred's death was caused by Cross‐Compl...

Excerpt: ...os, Inc. dba McKenna Volkswagen, and Does 1 to 10 alleging three causes of action based on violations of the Song Beverly Act. On October 11, 2018, Plaintiff filed the instant motion for leave to amend the complaint to include three causes of action based on fraud against Defendants. (See Decl. Morse, Ex. A [Proposed First Amended Complaint].) No opposition has been filed. On April 11, 2019, Plaintiff filed a notice that the defendants have not o...

Excerpt: ...Plaintiffs Wu Meng Ta, Frank Chen, Fritz Chen and Chung Yao Yin (collectively “Plaintiffs”). The Court has considered the moving, opposing and reply papers. BACKGROUND On December 21, 2018, Plaintiffs commenced the instant action against Moving Defendants, as well as Robert Flanigan, Laguna Soul LLC and Does 1 to 30 alleging causes of action for (1) Declaratory Relief, (2) Breach of Written Contract, (3) Breach of Implied Covenant of Good Fai...

Excerpt: ...nterprises (“AVA”), Boss Audio Systems (“Boss”) for civil penalties and injunctive relief alleging that the defendants violated Proposition 65 for allegedly failing to give clear and reasonable warnings of alleged exposure to Diethyl Hexyl Phthalate (“DEHP”) in certain automotive accessories that AVA distributed and/or sold in California. On February 28, 2019, Plaintiff filed the present motion to approve a proposed Consent Judgment. ...

Excerpt: ...laintiffs Steven Hernandez and Amerene Hernandez (jointly “Plaintiffs”) filed a complaint against Defendants alleging causes of action for (1) specific performance ‐breach of contract and (2) declaratory relief. After the Court sustained Defendants' demurrer to the complaint, Plaintiffs filed a first amended complaint (“FAC”) on January 28, 2019. This action arises out of a contractual dispute over the purchase of real property. The FAC...

Excerpt: ...tion for Specific Performance against Plaintiffs. The motion is unopposed. The Court notes that Omega has previously attempted to deem related the current action (BC676825) and 18STCV00243 (Omega Extruding Corp. of California v. Alvarado) on two occasions. A notice of related cases was filed in each action on October 11, 2018. On November 6, 2018, the Court[1] found that BC676825 (this action) and 18STCV00243 (Omega Extruding Corp. of California ...

Excerpt: ... Ria Canlas (“Plaintiff”) filed the instant motion to compel further responses to requests for production (“RPDs”) and special interrogatories (“SROGs”) from defendant General Motors LLC (“Defendant”). On March 26, 2019, Defendant filed opposition papers. On April 2, 2019, Plaintiff filed reply papers. 1 While discovery responses were served on May 17, 2018, thereby making Plaintiff's deadline to file the instant motion July 6, 20...

Excerpt: ...�). RESPONDING PARTY: Plaintiff Better 4 You Breakfast, Inc. (“Plaintiff”). The Court has considered the moving, opposing and reply papers. BACKGROUND On September 20, 2018, Plaintiff filed a complaint against Defendants and Does 1 to 20 alleging causes for (1) breach of oral contract, (2) breach of fiduciary duty, (3) accounting, (4) fraud, (5) negligent misrepresentation and (6) Unfair Competition in Violation of Business and Professions Co...

Excerpt: ...efault judgment -- $1,919,778.08 – and still fails to explain how Plaintiffs arrived at this figure. In seeking to explain Plaintiffs' damages resulting from Defendants' breach of fiduciary duty and legal malpractice, Azordegan asserts that the jury awarded plaintiff Azordegan the sum of $365,000, and the jury awarded plaintiff 1 Source Global Tech the sum of $950,000 in BC365798. (Id. par 9.) Azordegan states that despite being the prevailing ...

Excerpt: ...he arbitration award which requires Respondents the Enigma Media Company LLC and Mai Nguyen (aka April Maiya Butler) (jointly “Respondents”) to pay Petitioner the amount of $77,661.33. DISCUSSION Service of the Petition and Notice of Hearing CCP section 1290.4(a) requires the Petition and Notice of Hearing to be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]...

Excerpt: ...sa Fang Chen Joint revocable trust dated June 4, 2015, commenced this action against defendants Jien‐Wei Yeh (“Yeh”), Jen Fang, Yu Hua Sher Fang and Does 1 to 50 alleging causes of action for (1) partition, (2) contribution and (3) accounting. This case was given the case number BC700717. On the same date, Plaintiffs filed an unlawful detainer action against Jen Fang and Yu Hua Sher Fang (collectively, “the Fang Defendants”) which was g...

Excerpt: ...Laskey Weill Co. LLC, Laskey Family Trust, and IDS Real Estate Group (collectively, “Defendants”) failed to disclose to Plaintiff that the subject premises that Plaintiff leased had a history of asbestos. In addition, Plaintiff alleges that Defendants failed to perform pursuant to the terms of the lease agreement by, among other things, failing to provide adequate parking and failing to reimburse Plaintiff for damages related to dealing with ...

Excerpt: ...nd Mr. Cooper.[1] Defendant Jose Guzman (“Moving Party”) seeks to enforce a settlement agreement with Plaintiffs pursuant to CCP § 664.6. Jose Guzman filed the instant motion on February 21, 2019. The motion was initially scheduled for July 3, 2019. However, on February 28, 2019, the Court advanced the hearing on the motion to March 18, 2019. On March 8, 2019, Plaintiffs filed a response to the motion. On March 11, 2019, Jose Guzman filed a ...

Excerpt: ...Global Sourcing LLC (“RGS”) and Richard Laurence Ashbee (“Ashbee”) alleging causes of action based on breach of contract, goods sold and delivered, open book account and promissory fraud. Currently on its second amended complaint (“SAC”), Plaintiff alleges (i) breaches of written contracts (causes of action 1 to 20), (ii) breaches of implied contracts (causes of action 21 to 40), (iii) goods sold and delivered (causes of action 41), (...

Excerpt: ...romissory Note with Plaintiff wherein Plaintiff agreed to loan Defendant a total of $100,000, and Defendant agreed to pay back the $100,000 to Plaintiff within two year, together with interest. (Complaint ¶ 10‐11.) Defendant has failed to and refuses to pay any monies in repayment to Plaintiff. (Id.) Plaintiff commenced this action on June 13, 2018. Plaintiff filed proof of service of the summons on September 7, 2018. Default was entered again...

Excerpt: ...istine Naone (“Plaintiff”). The Court has considered the moving paper, opposition and reply papers. BACKGROUND On April 17, 2018, Plaintiff filed this lemon law action against Hyundai alleging a cause of action for violations of the Song Beverly Consumer Warranty Act, deceit, negligent misrepresentation and violations of Business & Professions Code section 17200 (“section 17200”). On September 6, 2018, the Court sustained Hyundai's demurr...

Excerpt: ...ional Inc (“Isodiol”) and Iso International LLC. [1] On March 1, 2019, following a demurrer, Plaintiff filed a First Amended Complaint alleging causes of action for (1) breach of contract, (2) fraud, (3) breach of fiduciary duty, (4) conversion, (5) wrongful termination, (6) failure to provide meal and rest periods, (7) failure to pay wages, (8) accounting and (9) declaratory relief. The First Amended Complaint (“FAC”) alleges the followi...

Excerpt: ...st known mailing address which Counsel states he has confirmed as current within 30 days of the motion by conversation. Counsel states that there has been a break down in the attorney client relationship because Client has breached the retainer agreement. Counsel is ordered to appear at the hearing and submit corrected MC-051 and MC-052 forms as well as a corrected proposed order on form MC-053. Provided that such corrected forms are submitted, b...

Excerpt: ...oke Trade Ultimate Action LLC (jointly “Roanoke”) alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing (bad faith) and unfair business practices in violation of Business and Professions Code section 17200 et seq. The complaint alleges that on May 10, 2017, Plaintiff shipped three hundred and two cartons of supplies from Spain to Long Beach, California via maritime cargo ship. (Complai...

Excerpt: ... the Labor Code that occurred between 2011 and 2017 while Plaintiff Michael Abkarian (“Plaintiff”) was employed with defendants. (Complaint ¶¶ 19, 23.) On August 20, 2018, defendant AW Collision SCI (“AW”) filed the instant motion to compel further response to form interrogatories – general, set one and form interrogatories – employment, set one (jointly “FROGs”). On February 21, 2019, Plaintiff filed opposition papers. On March...

Excerpt: ...olaris Development & Construction, Inc. (“Plaintiff”) constructed a single‐family residence for defendants Peter John Simrose and Banu Aslan Simrose (jointly “Defendants”). Plaintiff seeks unpaid monies associated with the construction of the residence. Defendants subsequently filed a cross‐ complaint against Plaintiff alleging causes of action based on breach of contract and breach of warranty. On November 14, 2016, Plaintiff filed m...

Excerpt: ...tates that Counsel served Clients via mail at Clients' last known mailing address which Counsel states he has confirmed as current within 30 days of the motion by conversation. Counsel states that there has been a break down in the attorney-client relationship because Clients have breached the retainer agreement. Counsel is ordered to appear at the hearing and submit corrected MC-051 and MC-052 forms as well as a corrected proposed order on form ...

Excerpt: ...OTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION Background This is a wrongful termination action concerning gender and disability discrimination brought by Plaintiff Amy Smith (“Plaintiff”) against defendants Bentley Mills, Inc. (“Bentley”), Cameron Grimsley (“Grimsley”) and Does 1 to 100. Plaintiff alleges that after working for Bentley from August 25, 2014 to September 19, 2017, she was wrongfully terminated on the basis...

Excerpt: ...y in Plaintiff's real property. In particular, Plaintiff alleges that its funds were mishandled by a bank and that Plaintiff was defrauded into executing a deed in lieu of foreclosure. Currently on its third amended complaint (“TAC”) filed on March 2, 2018, Plaintiff Smyrna Church (“Plaintiff”) alleges causes of action for (1) negligent misrepresentation, (2) fraudulent concealment, (3) negligence, (4) conversion, (5) breach of contract, ...

Excerpt: ...Motor Credit Corporation, Toyota Motor Sales USA, Toyota Financial Services Americas Corporation (collectively, “Defendants”) and Does 1 to 10. Plaintiff alleges that he was wrongfully terminated for trying to promote gay rights in the workplace. (Complaint at 1:25‐28.) Plaintiff moves to quash the deposition subpoena for production of Plaintiff's employment records served by Defendants on an out of state entity Prudential Financial (“Pru...

Excerpt: ...t General Motors LLC (“Defendant”). On August 16, 2018, plaintiff Kimberly D'Ambra (“Plaintiff”) filed the instant motion to compel the deposition of Defendant's person most knowledgeable (“PMK”) as well as the production of documents. Defendant filed opposition papers. Plaintiff filed a reply.[1] Plaintiff contends that Defendant refused to produce its person most knowledgeable to be deposed by Plaintiff's counsel after Defendant rec...

Excerpt: ...KGROUND On August 20, 2018, Plaintiff Frederick H. Leyva (“Plaintiff”) filed this action against defendants Nationstar Mortgage LLC (“Nationstar”), Selene Finance LP (“Selene”), Aztec Foreclosure Corporation (“Aztec”), (collectively, “Defendants”) and Does 1 to 100 alleging causes of action for violations of various sections of the Homeowner Bill of Rights (“HBOR”) Civil Code sections 2923.7, 2923.55, 2923.5, as well as ac...

Excerpt: ...e of non-opposition. On February 1, 2019, defendants/cross-complainants Blount International, Inc., Blount, Inc., and Pentruder, Inc. filed an opposition. Also, on February 1, 2019, moving Counsel filed a reply. On February 8, 2019, the Court continued the hearing to March 4, 2019. The Court noted that: Kathryn D.Z. Domin, Esq. has filed a motion on behalf of Brett D. Payton and Coan, Payton & Payne LLC to be relieved as counsel for Defendant Tra...

Excerpt: ...y papers. BACKGROUND On October 16, 2018, Plaintiff filed this action against defendant Oxygenetix Institute, Inc. (“Defendant”) and Does 1 to 25 alleging causes of action for (1) misappropriation of name and likeness, (2) violation of Civil Code section 3344, (3) Unfair Business Acts and Practices, (4) intentional misrepresentation, and (5) negligent misrepresentation. The complaint in relevant part alleges the following: In 1994, Plaintiff ...

Excerpt: ...The Court has considered the moving papers. The Court is not in receipt of opposition papers. BACKGROUND On July 13, 2018, Plaintiff filed this action against defendants Hollywood, Imperium Security Specialists Inc (“Imperium”), Toni Garcia (“Garcia”) and Does 1 to 50. On September 12, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for (1) negligence, (2) negligent hiring, training and/or retention, ...

Excerpt: ...sing papers. The Court is not in receipt of any reply. BACKGROUND On August 20, 2018, Plaintiff filed this action against defendants Nationstar Mortgage LLC (“Nationstar”), Selene Finance LP (“Selene”), Aztec Foreclosure Corporation (“Aztec”), (collectively, “Defendants”) and Does 1 to 100 alleging causes of action for violations of various sections of the Homeowner Bill of Rights (“HBOR”) Civil Code sections 2923.7, 2923.55, ...

Excerpt: ...nd Does 1 to 50 alleging causes of action for negligence and premises liability arising out of injuries sustained when Plaintiff fell while walking down steps on the defendants' premises. On May 10, 2018, Gloria's Flowers, in pro per, filed a cross complaint against Plaintiff alleging claims for fraud for monetary gains, emotional distress, assumption of risk and contributory negligence. On June 7, 2018, Plaintiff named Guzman Family Trust as def...

Excerpt: ...hang aka Linda Chang (“Linda”) (collectively, “Moving Defendants”). RESPONDING PARTY: Plaintiff Jesse Yih-Ching Hong (“Plaintiff”). The Court has considered the moving and opposing papers. BACKGROUND On February 22, 2017, Plaintiff filed the complaint in this action against defendants Chih, Good Day, Ming and Does 1 to 50 alleging causes of action for (1) declaratory relief, (2) specific performance, (3) breach of contract, (4) conver...

Excerpt: ...tion against defendants Nasreen Babu- Kahn (“Kahn”), King's Villa, Nasreen Babu-Khan and Calliope Babu-Khan as Co-Trustees of the Nasreen Babu-Khan Family Trust (“Trust”) (collectively “Defendants”). On July 27, 2018, Defendants filed the instant motion. Specially Appearing Defendants move for an order quashing the service of summons in this action. Defendants argue that the Court lacks jurisdiction over Defendants because Defendants ...

Excerpt: ...a LA Fitness (“Defendant” or “Petitioner”) alleging cases of action based on wrongful termination. On August 26, 2016, the parties submitted a stipulation to submit this action to binding arbitration pursuant to an arbitration agreement between the parties on February 19, 2015. On October, 3, 2018, defendant Fitness International LLC dba LA Fitness filed the instant petition to confirm the arbitration award, which requires neither Petitio...

Excerpt: ...s while allegedly represented by the defendants. On June 12, 2017, plaintiffs Dr. Cadrin E. Gill and Vernon Property Group Inc (jointly “Plaintiffs”) filed a complaint against defendants Law Offices of Spotora & Associates, Anthony J. Spotora, Bruce A. Fields (collectively “Defendants”) and Does 1 to 20 for breach of contract and professional negligence. On October 10, 2017, Plaintiffs filed a first amended complaint (“FAC”) alleging ...

Excerpt: ...nd Food Group 2 LLC, Fatburger Corporation (“Fatburger”) and Does 1 to 25 alleging wrongful termination and violations of the Labor Code. The complaint in relevant part alleges that Sheik owned and operated a Fatburger franchise restaurant where Plaintiff was employed. (Complaint ¶ 2.) Defendants Black Diamond Food Group LLC, Black Diamond Food Group 1 LLC, Black Diamond Food Group 2 LLC are owned and controlled by Sheik. (Id.) All of the de...

Excerpt: ...(jointly “Defendants”) on December 12, 2017, alleging causes of action for violation of Unruh Civil Rights, false arrest, negligent infliction of emotional distress, and intentional infliction of emotional distress. On December 28, 2017, the Court denied Plaintiff's request for a fee waiver because Plaintiff failed to appear at the hearing and thus failed to provide the Court with the information necessary for the Court to rule upon Plaintiff...

Excerpt: ...ouncil of Jewish Women Inc (the “Council”) and Hillary Selvin (“Selvin”) alleging causes of action for age and disability discrimination, wrongful termination and failure to prevent discrimination. On September 6, 2016, Plaintiff filed a first amended complaint (“FAC”) alleging causes of action for violation of Government Code section 12940 et seq including (1) discrimination (2) harassment, (3) retaliation, (4) failure to prevent dis...

Excerpt: ...sing and reply papers. BACKGROUND On November 2, 2018, Plaintiff filed a complaint against Defendant alleging causes of action for (1) fraud and deceit, (2) constructive fraud, (3) embezzlement, (4) breach of oral contract, (5) breach of fiduciary duty, (6) conspiracy, (7) negligence, (8) conversion, (9) money had and received, (10) intentional interference with prospective economic advantage, (11) negligent interference with prospective economic...

Excerpt: ...he moving and opposing papers. BACKGROUND On August 31, 2018, plaintiff Amanda Alfaro de Arriola (“Plaintiff”) filed the instant action against various defendants, including Employers HR LLC (“EHR”), alleging causes of action related to workplace discrimination, harassment and retaliation under Government Code sections 12940 et seq as well as various Labor Code violations. The complaint alleges the following: Plaintiff was employed as a g...