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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...”) 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: ...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: ... (“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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...