Excerpt: ...se of real property located at 5939 Rodeo Road, Los Angeles, California 90016 (the “Property”). Plaintiff Orchids de Oro, Inc. (“Orchids”) is the tenant; Defendant Rodeo Partnership (“Rodeo”) is the landlord. Orchids sought a declaration that it had timely and sufficiently exercised its option under the lease to extend the term of the lease after December 31, 2018 for five years. Rodeo sought possession of the Property and holdover da...

Excerpt: ... 2019, Plaintiffs MJ Global Enterprise, Inc. (“MJ”), Hyung Do Min (“Min”), and 2017 Sky, LLC (“Sky”) (collectively, “Plaintiffs”) filed this action against various defendants. The operative First Amended Complaint (“FAC”) was filed on June 26, 2019, and asserts fourteen causes of action arising out of a $200,000 bank loan. On July 25, 2019, Defendant Susan Heo (“Heo”) filed a Cross-Complaint for breach of written agreement...

Excerpt: ...y, “Plaintiffs”) filed this action on July 1, 2016 against Defendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven Spalding”), and Bonnie Sugar (“Sugar”). The impetus of the lawsuit was a water incursion event in July 2014 and October 2015 at Plaintiffs' condominium that ...

Excerpt: ...tion Authority (“LACMTA”) filed this eminent domain action against, inter alia, Defendant Beverly Hills Unified School District (“BHUSD”). Prior to the filing of the Complaint, on May 23, 2019, LACMTA's Board adopted a Resolution of Necessity as a legal prerequisite to commencing eminent domain proceedings. (Compl., ¶ 2.) The record of the Board's proceedings, including any evidence received by the Board prior to its decision to adopt th...

Excerpt: ...malpractice on November 2, 2018. The operative First Amended Complaint (“FAC”) was filed on April 4, 2019 and asserts causes of action for legal malpractice and breach of fiduciary duty. The defendants are all attorneys associated with the law firm Cheong, Denove, Rowell & Bennett (“CDRB”). In the FAC, Garcia alleges that, on or about May 4, 2012, she was involved in a motor vehicle accident where she sustained injuries as the result of t...

Excerpt: ...ty-Kleen Systems, Inc. (“Safety Kleen”), alleging causes of action for (1) negligence, (2) strict liability, (3) intentional/fraudulent concealment, and (4) loss of consortium. The gravamen of the operative First Amended Complaint (“FAC”), which was filed on November 2, 2018, concerns personal injuries sustained by Plaintiff Allen G. Shaw (“Shaw”) as a result of exposure to benzene and benzene-containing substances during the course a...

Excerpt: ...5, 2019 against Defendants 1565 Haslam, LLC (“Haslam”), Lee Wong (“Wong”), Alex Cardenas aka Alejandro Cardenas (“Cardenas”), Ruben Trejo (“Trejo”), and LW Asset Management, LLC (“LW Asset”). This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiff alleges that it purchased the Property following a foreclosure sale. Default was entered against H...

Excerpt: ...iled this action on November 30, 2018, against Defendants Onyx Tower Group, LLC (“Onyx”), Sam Hakim, Michael Hakim, Julia Hakim, and Tanya Hakim. The operative First Amended Complaint (“FAC”) was filed on February 27, 2019. Default was entered against all defendants except Onyx on April 29, 2019. Default was entered against Onyx on May 7, 2019. Defendant Michael Hakim (“Hakim”) now moves to set aside his default. Plaintiff opposes. Ev...

Excerpt: ...ommunity College District (the “District”). The operative First Amended Complaint (“FAC”) was filed on July 29, 2019, and asserts causes of action for (1) unlawful retaliation in violation of Labor Code section 98.6, (2) unlawful retaliation in violation of Labor Code section 1102.5, (3) breach of contract, (4) failure to pay all wages due, and (5) failure to timely pay wages due at termination. Jackson alleges that he was hired by the Di...

Excerpt: ...Service Group, Inc. dba OK Bail Bonds (“Alleeance”) and Sang Won Lee (“Lee”) (jointly, “Plaintiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh and Jae In Suh (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on July 16, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) t...

Excerpt: ...fendants Randstad Professionals US LLC[1] (“Randstad”), Dennis Dawson, and Bill Artiga on February 28, 2019. In his Complaint, Garcia asserts causes of action for breach of express contract, breach of the covenant of good faith and fair dealing, wrongful termination in violation of public policy, violation of Government Code § 12900, intentional infliction of emotional distress, violation of Business and Professions Code § 17200, violation ...

Excerpt: ... 18, 2019, Plaintiff Charlotte Spadaro (“Spadaro”) filed this action. The operative First Amended Complaint (“FAC”), labeled a class action, was filed on June 27, 2019. In the FAC, Spadaro alleges that in early 2018, she rented a storage unit at a self-storage facility owned and operated by Defendant The William Warren Group dba StorQuest (“Storquest”). (FAC, ¶ 13.) In late 2018, Storquest announced the contents of Spadaro's unit wou...

Excerpt: ...intiff”) filed this construction defect action against various defendants, each of whom performed work on the property located at 4018 Ballina Avenue, Encino, California 91346. Defendant ROP Design, Inc. (“ROP”), who is alleged to be the general contractor of the project, filed its Answer on September 21, 2018. ROP now moves for leave to file a cross-complaint for equitable indemnity, contribution, and declaratory relief against the other d...

Excerpt: ...AMENDED ANSWERS TO COMPLAINTS IN EMINENT DOMAIN Background On May 24, 2019, Plaintiff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed two eminent domain actions against, inter alia, Defendant Beverly Hills Unified School District (“BHUSD”). In the first action (Case No. 19STCV18173), the “Administrative Building Action,” LACMTA seeks to acquire a permanent subsurface tunnel easement below a portion of the BHU...

Excerpt: ...F Property Management, Inc. (“ACF”) (jointly, “Defendants”) move for an order compelling further responses from Plaintiffs Raymond Shofler and Barbara Shofler, individually and on behalf of The Raymond and Barbara Shofler Family Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) to Defendants' Requests for Production of Documents, Set One, Nos. 21, 22, 23, 24, 25, 26, and 27. Plaintiffs oppose. Discussion On receipt of a r...

Excerpt: ...ackground Defendant Nissan North America, Inc. (“NNA”) brings this demurrer to the Complaint of Plaintiff Efrain C. Ramirez (“Ramirez”). The operative First Amended Complaint (“FAC”) asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement- concealment. NNA demurs to the fraudulent inducement-concealment cause of action. NNA also moves to strike allegations of punitive damages from the FAC. Ramirez opp...

Excerpt: ...25, 2019 against Defendants 1565 Haslam, LLC (“Haslam”), Lee Wong (“Wong”), Alex Cardenas aka Alejandro Cardenas (“Cardenas”), Ruben Trejo (“Trejo”), and LW Asset Management, LLC (“LW Asset”). This action concerns possession of the property located at 2115 Kress Street, Los Angeles, California 90046 (the “Property”). Plaintiff alleges that it purchased the Property following a foreclosure sale. Default was entered against ...

Excerpt: ...d derivatively on behalf of Onyx Tower Management, LLC (“Plaintiff”) filed this action on November 30, 2018, against Defendants Onyx Tower Group, LLC (“Onyx”), Sam Hakim, Michael Hakim, Julia Hakim, and Tanya Hakim. The operative First Amended Complaint (“FAC”) was filed on February 27, 2019. Default was entered against all defendants except Onyx on April 29, 2019. Default was entered against Onyx on May 7, 2019. Defendants Onyx, Sam ...

Excerpt: ...”). The Complaint asserts causes of action for (1) FEHA – sexual harassment/hostile work environment, (2) FEHA – failure to protect, and (3) FEHA – retaliation. The retaliation claim was dismissed on October 3, 2019. Eagle now moves for summary judgment or, in the alternative, summary adjudication of each cause of action and Zeron's punitive damages claim. Zeron opposes. Legal Standard “[A] motion for summary judgment shall be granted i...

Excerpt: ...tion on July 18, 2017 against Defendants LGI Association, Inc. (“LGI”) and John C. Chiu (“Chiu”). The operative Second Amended Complaint (“SAC”) was filed on April 20, 2018. Urbina seeks damages totaling approximately $63,000. On July 13, 2018, LGI and its principals filed a Cross-Complaint against Chiu and certain Chiu-related entities. Urbina alleges that he worked as a handyman for LGI and Chiu at various apartment buildings owned ...

Excerpt: ...laintiff”) asserts causes of action for fraudulent conveyance, creditor's suit under C.C.P. § 708.210, et seq., and avoidance of fraudulent transfers of real property against various defendants. On February 25, 2019, Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest Drive LLC, David Hekmatjah and Beata Hekmatjah, individually and as Trustees of the David and Beata Hekmatjah Famil...

Excerpt: ...ion against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). The Complaint asserts causes of action for (1) Ralph Civil Rights Act (Civ. Code, §§ 51.7, 52), (2) sexual harassment in violation of FEHA, (3) failure to prevent sexual harassment in violation of FEHA, (4) negligent hiring, supervision or retention, (5) stalking (Civ. Code, § 1078.7), (6) intentional infliction of emotional distress, and (7) injunctive ...

Excerpt: ...efendants Equity Residential Management, LLC, Glo Apartments, Amtech Elevator Services, and North American Elevator Services. The Complaint asserts causes of action for negligence, premises liability, and strict products liability stemming from injuries sustained by Marcum while he was riding in an elevator that came to an abrupt and sudden stop on July 11, 2017. Defendant Pacific Coast Elevator Corporation dba Amtech Elevator Services (“Amtech...

Excerpt: ...ckground This action was brought by Intelligent SCM, LLC (“ISCM”), against its former counsel, Russell W. Roten (“Roten”) and the law firm Duane Morris (jointly, the “Firm Defendants”), and one of ISCM's members, Andrew Scott (“Scott”) on February 13, 2015. The operative Fourth Amended Complaint (“4AC”) was filed on July 9, 2019, and asserts causes of action against the Firm Defendants for constructive fraud/breach of fiduciar...

Excerpt: ...a Pictures (“Marada”) and Sarah Lazow. The Complaint asserts causes of action for breach of contract and intentional interference with contractual relations. Marada filed an Answer on February 7, 2019, and then on May 13, 2019, the Court granted a motion to be relieved as counsel by counsel for Marada. On July 15, 2019, Marada's current counsel filed a Notice of Appearance. Marada now moves for leave to file a cross-complaint against Gibb to ...

Excerpt: ... February 27, 2019, Plaintiffs MJ Global Enterprise, Inc. (“MJ”), Hyung Do Min (“Min”), and 2017 Sky, LLC (“Sky”) (collectively, “Plaintiffs”) filed this action against various defendants. The operative First Amended Complaint (“FAC”) was filed on June 26, 2019, and asserts fourteen causes of action arising out of a $200,000 bank loan. Defendants Tower Escrow, Inc. (“Tower Escrow”) and Sun Y. Park (“Park”) (the “Towe...

Excerpt: ...ervice, Inc. (“UPS”) and Ryan Quon (“Quon”). The Complaint asserts causes of action for (1) Ralph Civil Rights Act (Civ. Code, §§ 51.7, 52), (2) sexual harassment in violation of FEHA, (3) failure to prevent sexual harassment in violation of FEHA, (4) negligent hiring, supervision or retention, (5) stalking (Civ. Code, § 1078.7), (6) intentional infliction of emotional distress, and (7) injunctive relief. Lopez seeks punitive damages a...

Excerpt: ... 00510057005600110003[ Plaintiffs are homeowners over 65 who allege that they were victims of “The HERO Program,” a form of financing for clean energy home improvements which results in the taking of a security interest on the homeowner's property paid through the homeowner's property taxes. Plaintiffs allege that this form of financing is illegal and violates Civil Code section 1804.1, subdivision (j). Plaintiffs also allege that the various...

Excerpt: ...2017 against Defendants Varian G. Penny (“Penny”), Arkadiy Eric Khaimov (“Khaimov”), Sarah Averyt, Mark Rafeh, Rafeh Real Estate and Investments, Inc., Beverly Hills Escrow, Stewart Title of California, and Title 365. Plaintiffs allege that Penny and Khaimov (jointly, the “Buyers”) purchased from Plaintiffs certain real property located in Northridge, California, pursuant to a purchase agreement and counteroffer. (SAC, ¶ 22; Ex. F.) ...

Excerpt: ...s (the “County”) and various sheriff's deputies of the Los Angeles County Sheriff's Department (the “Sheriff's Department”). The operative Second Amended Complaint was filed on December 17, 2018, and asserts causes of action for negligence (wrongful death), violation of Civil Rights under the Bane Act, negligent hiring, training, and supervision, and battery. This lawsuit arises out of the shooting death of Zelalem Ewnetu by Sheriff's Dep...

Excerpt: ...kground On March 23, 2018, Plaintiff Candy Lopez (“Lopez”) filed this action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”). The Complaint asserts causes of action for (1) Ralph Civil Rights Act (Civ. Code, §§ 51.7, 52), (2) sexual harassment in violation of FEHA, (3) failure to prevent sexual harassment in violation of FEHA, (4) negligent hiring, supervision or retention, (5) stalking (Civ. Code, § 1...

Excerpt: ...aintiff”) filed this employment action against, inter alia, Defendants Woodward HRT, Inc. (“HRT”), Woodward, Inc. (“Woodward”), and Kenneth Bowthorpe (“Bowthorpe”) (collectively, “Defendants”). Plaintiff's Complaint asserts causes of action for (1) disparate treatment, (2) hostile work environment, (3) retaliation in violation of FEHA, (4) failure to prevent discrimination, harassment, and retaliation, (5) whistleblower protecti...

Excerpt: ...d Larry Rabineau (jointly, “Rabineau”). Plaintiff Amir Mostafavi (“Mostafavi”) was later added as a plaintiff. The operative complaint alleges several causes of action relating to an alleged interference with Plaintiffs' contractual relations with a client On June 20, 2019, MLG filed a Notice of Acceptance of Offer to Compromise Pursuant <0003003200490049004c00 004400550055005c0003[Rabineau and Larry Rabineau (the “Notice of Acceptance�...

Excerpt: ...ersonal injury action on April 8, 2016. This action arises from injuries sustained by Hernandez when he was painting a wall on the side of a loading dock area at a Food 4 Less Store as part of a remodeling project. In the Complaint, Plaintiffs named The Kroger Co., (“Kroger”), Ralphs Grocery Company (“Ralphs”), Food 4 Less Holdings, Inc., and Food 4 Less of Southern California as defendants. <00170003002f0048005600 000300170003002f0048[ss...

Excerpt: ...ra Shofler Family Trust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this instant action against defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (collectively, “Defendants”) alleging Defendants made false representations regarding investment opportunities. Defendants now move for an order disqualifying counsel for Plaintiffs,...

Excerpt: ...ts Compass Group USA, Inc., Compass One, LLC, Eurest Services, Inc., and Ronald E. Lee (collectively, “Defendants”). The Complaint asserts causes of action for violations of the Labor Code for failure to pay all minimum and overtime wages, failure to provide required meal periods, failure to authorize and permit rest periods, failure to reimburse, failure to pay wages when due, and failure to keep accurate records as well as causes of action ...

Excerpt: ...ndants Jose L. Magallon (“Jose Magallon”) and Bertha Magallon (“Bertha Magallon”) (jointly, “Defendants”) on February 3, 2017. The operative First Amended Complaint (“FAC”) was filed on July 12, 2018. Defendants now move to strike portions of the FAC seeking punitive damages and an award of attorney's fees. Plaintiffs oppose. Legal Standard A court may strike any “irrelevant, false, or improper matter inserted in any pleading”...

Excerpt: ...inst Defendants Brinderson, L.P., Brinderson Constructors, Inc., Schultz Industrial Services, Inc., and Aegion Corporation (collectively, “Defendants”). The Complaint asserts various causes of action for violations of FEHA based on age and disability discrimination, as well as intentional infliction of emotional distress. Defendants[1] now demur to the cause of action for intentional infliction of emotional distress for failure to state facts...

Excerpt: ...artment of Transportation (jointly, “Caltrans”). The Complaint asserts causes of action for disability discrimination, failure to reasonably accommodate, discrimination based on national origin/ancestry, discrimination based on age, retaliation, and failure to prevent discrimination and retaliation. As part of his damages allegations, Vahedi alleges that he “suffered mental and emotional distress” and “an exacerbation of his medical con...

Excerpt: ...008.59 reflecting $33,385.09 as demanded in the complaint, $2,100 in attorney's fees, and $523.50 in costs. The Court notes a number of defects with the submitted default judgment package. First, a plaintiff cannot be granted more relief than is asked for in the complaint. (Code Civ. Proc., § 580(a).) “In all default judgments the demand sets a ceiling on recovery.” (Finney v. Gomez (2003) 111 Cal.App.4th 527, 534.) Here, the damages amount ...

Excerpt: .... The operative First Amended Complaint (“FAC”) was filed on May 30, 2018, and asserts causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, strict products liability, and products liability. In the FAC, Plaintiffs allege that Stone received treatment from Defendants on February 29, 2016. (FAC, ¶ 20.) Plaintiffs also allege that they did not discover Defendants' wrongdoing until on or after July 20...

Excerpt: ...Trenton”) and Crystal Trenton (jointly, “Plaintiffs”) filed this construction defect action on May 13, 2016 against numerous defendants, including Polytek Group DBL Construction, Inc. (“Polytek”). Plaintiffs seek damages arising from the construction of a residential home, for which Polytek was the general contractor. Polytek is currently a suspended corporation, unable to defend itself in this matter. Therefore, Colony Specialty Insura...

Excerpt: ...n on August 9, 2018 against, among others, Defendants Viv Collection, Inc. (“Viv”) and Dongkoo Jeon (“Jeon”) (jointly, “Defendants”). The Complaint asserts causes of action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, promise without intent to perform, intentional misrepresentation, and negligent misrepresentation. Defendants now demur to the Complaint on the basis tha...

Excerpt: ...ation (“Bell Hospital”) and American Cardiocare Medical Center, Inc. (“American Cardiocare”) (jointly, “Plaintiffs”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On Sept...

Excerpt: ...illo (“Castillo”), Norma Salamanca (“Salamanca”), and Teresa Doe (“Doe”) (collectively, “Defendants”). The Complaint asserts causes of action under FEHA for discrimination, harassment, and retaliation based on disability, based on race/national origin, and based on sex/gender, failure to engage in good faith interactive process, failure to accommodate, violation of CFRA, intentional infliction of emotional distress, violation of L...

Excerpt: ...SEMARY PERERA'S MOTION TO COMPE L FURTHER RESPONSES FROM DEFENDANTS GLOBAL FINANCIAL DISTRIBUTORS, INC. AND ALAN HARRIN G TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET AND REQUEST FOR SANCTIONS Background On November 9, 2017, Plaintiff Rosemary Perera (“Perera”) propounded Form Interrogatories, Set One on Defendant Global Financial Distributors, Inc. (“GFD”) and Requests for Production of Documents, Set One on GFD and Defendant Alan Harring...

Excerpt: ...i (“Santi”) and Like 101 Web-Development (“Like 101”) in the amount of $108,696.90. The Court notes that Plaintiff has corrected many of the deficiencies identified in the Court's June 11, 2018 order denying Plaintiff's previous request for default judgment. However, the Court finds that separate judgment in this case is not proper. First, the Court notes that the entirety of Plaintiff's legal argument in support of the application for se...

Excerpt: ...nst Defendants Rodeo Realty Inc. and Monty Abramov (“Abramov”) (jointly, “Rodeo”). The operative Third Amended Complaint (“TAC”) asserts causes of action for professional negligence and breach of fiduciary duty against Defendants. The action arises from the attempted sale and purchase of residential real property located at 503 N. Elm Drive, Beverly Hills, California 90210 (the “Property”). Rodeo now moves for summary judgment, or...

Excerpt: ...ompany (“Ford”) alleging, inter alia, violations of provisions of the Song‐Beverly Consumer Warranty Act and the Magnuson‐Moss Act. Ford now moves to disqualify Victor Block, counsel for Plaintiff, and his law firm, the Block Law Group, because Mr. Block previously and recently represented Ford in hundreds of Lemon Law cases as an associate at Gates, O'Doherty, Gonter & Guy LLP (“GOG&G”). Churchwell opposes. [1] Evidence Request for J...

Excerpt: ...E”) (jointly, the “Wilsons”) move for an order imposing monetary sanctions and reasonable attorney's fees and costs against Plaintiff Jon Mahdian (“Mahdian”), in the amount of $109,561.00, pursuant to Code of Civil Procedure sections 128.5 and 128.7. The Wilsons contend that Mahdian engaged in bad faith litigation tactics in dismissing a case three weeks before trial and then refiling one week later. Mahdian opposes. Discussion Code of ...

Excerpt: ...dant Farmers Insurance Exchange (“Farmers”). Ambrosio's Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent [discrimination] in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Special Investigations Unit Zone Manager. The operative First Amended Complaint (“FAC”) was filed on May 17, 2018, asserting the same c...

Excerpt: ...t Defendants Allstar Homes & Construction, LLC (“Allstar”) and Frank Hegedus IV (“Hegedus”) (jointly, “Defendants”). National Funding's Complaint asserts causes of action for breach of contract and breach of written guaranty. National Funding alleges that Allstar entered into a written business loan agreement (the “Loan Agreement”) with National Funding, and Hegedus personally and unconditionally guaranteed the obligations and dut...

Excerpt: ...rmers Insurance Exchange (“Farmers”). Whitmer's Complaint asserts causes of action for discrimination in violation of FEHA, retaliation in violation of FEHA, failure to prevent in violation of FEHA, and discrimination against public policy stemming from his alleged demotion from a Division Manager to a GRP Field Consultant. Farmers previously demurred to the first three FEHA causes of action on the basis that they were time-barred, which demu...

Excerpt: ...ille Myers and Perdita H. Myers Family Trust Under Instrument of Trust Dated August 3, 1988 (jointly, “Plaintiffs”) filed the Complaint to Set Aside Fraudulent Conveyances; for Appointment of a Receiver; and Declaratory Relief re Priority of Deed of Trust (the “Complaint”) on February 13, 2018. Plaintiffs allege that Defendants Bianca Brianne Espinoza (“Bianca”) and Brittany Diane Espinoza (“Brittany”) wrongfully conveyed their in...

Excerpt: ...rust Complete Restatement Dated 3/24/16 (“Baumel”) filed a verified complaint initiating this action. Baumel's Complaint alleges causes of action for breach of fiduciary duty, elder abuse, an accounting and declaratory relief against Defendant Charles De Seve (“De Seve”). On October 10, 2017, De Seve filed a Verified Cross-Complaint against Baumel alleging breach of oral contract, promissory estoppel and declaratory relief (the “Cross-C...

Excerpt: ...e Hearing on Objections discussed below. The Court orders the parties to meet and confer by telephone or in person in a serious and good faith effort to resolve and eliminate the objections. The only objections that should remain are those that pertain to material evidence regarding material issues. Keeping the rules of evidence in mind, the parties should be able to reduce the objections to just a few. If any material objections remain unresolve...

Excerpt: ... Steven Cervine (collectively, “Defendants”) bring this demurrer to the Complaint of Plaintiff Raven Starre (“Starre”). The Complaint asserts causes of action for libel per se (against all Defendants, including non-demurring defendants) and civil extortion (against Nancy Johnson, Amy Sheely, and Beth Bayard, among other nondemurring defendants). Defendants demur to the libel per se cause of action on the grounds that Starre fails to state...

Excerpt: ...gh his Guardian Ad Litem, Clarence Tate (“Tate”) and Defendant FCA US LLC (“FCA”) entered into a stipulated protective order on March 16, 2016 relating to documents produced in discovery considered proprietary or confidential. (Cosgrove Decl., Ex. 1, ¶ 1.) On June 21, 2018, Plaintiff filed an amended motion to modify the final status conference exchange lists and purportedly appended to an amended version of Plaintiff's counsel's support...

Excerpt: ...3, 2016 alleging that the defendants deprived Plaintiff of water she was entitled to receive from an open canal that runs through Plaintiff's property by wrongfully diverting the water from the canal to an underground pipeline. The Defendants are as follows: the City of Azusa; Azusa Valley Water Company (“AVWC”); George Morrow (“Morrow”); Fran Delach (“Delach”); and Chet Anderson (“Anderson”) (collectively, the “City Defendants�...

Excerpt: ...�), Denys Cowan (“Cowan”), Derek Dingle (“Dingle”), Hudlin Entertainment, Inc. (“HEI”), Milestone Media Company, LLC (“New Milestone”), and Milestone Media, Inc. (“Old Milestone”) (collectively, “Defendants”) on July 31, 2017. The Complaint asserts causes of action for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, intentional interference with prospective economic relations, fraudulent conveyance,...

Excerpt: ...nt Sports & Entertainment, LLC (“ISE”) and Relativity Sports, LLC. The Complaint asserts causes of action for gender and race discrimination, unequal pay, retaliation, failure to prevent discrimination, and wrongful termination. ISE successfully moved to compel arbitration and stay this action pursuant to an arbitration agreement entered into by Li in connection with her employment. Plaintiff now moves to lift the stay to permit her to file a...

Excerpt: ...efendant Baldwin Park Unified School District (“BPUSD”). Schmittle's Complaint alleges causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interactive process, and failure to prevent discrimination. On May 2, 2018, this Court issued an order granting Schmittle's motion to compel production of documents, namely certain emails that were withheld by BPUSD on the basis of Insurance Code sectio...

Excerpt: ...H. Myers, both individually and as trustees of the Orville Myers and Perdita H. Myers Family Trust Under Instrument of Trust Dated August 3, 1988 (jointly, “Plaintiffs”) under Code of Civil Procedure section 430.10, subdivision (c), which provides that demurrer is proper if “[t]here is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10(c).) Plaintiffs oppose on the basis that the “o...

Excerpt: ...ront, LLC (“RBW”) filed on November 9, 2017. The Complaint asserts causes of action for deprivation of substantive due process rights under color of state law, deprivation of procedural due process rights under color of state law, breach of contract, and declaratory judgment. RBW alleges that it and the City entered into a development project for the Redondo Beach waterfront, the “Waterfront Project.” (Compl., ¶¶ 18-19.) RBW invested mo...

Excerpt: ... purchased a new vehicle from Defendant which she later discovered suffered from numerous defects and malfunctions. Plaintiff alleges that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song- Beverly”). On May 24, 2017, Defendant served a Code of Civil Procedure section 998 offer for $44,000, which offer was not accepted. (Proudfoot Decl., ¶ 9.)...

Excerpt: ...section 36(a). Trial in this matter is currently set for August 29, 2018, and Baumel requests that trial be set on a date after September 18, 2018 (the date of the parties' mediation) and before November 20, 2018. Defendant and Cross-Complainant Charles de Seve (“de Seve”) opposes. Discussion Code of Civil Procedure section 36(a) provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which...

Excerpt: ...LDO SUAREZ, Plaintiffs, vs. FORD MOTOR COMPANY, et al. Defendants. Case No.: BC 640103 Hearing Date: July 23, 2018 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR ATTOR N EXPENSES Background Plaintiff Leovigildo Suarez (“Plaintiff”) filed this action on November 7, 2016 against Defendant Ford Motor Company (“Defendant”). Plaintiff alleges that he purchased a new vehicle from Defendant which he later discovered suffere...

Excerpt: .../08/1991 (jointly, “Plaintiffs”) filed the instant Complaint in Unlawful Detainer on February 16, 2018 against Defendants Faye M. Ogawa (“Faye Ogawa”), Craig A. Ogawa (“Craig Ogawa”), and Design Details, Inc. (“Design Details”) (collectively, “Defendants”). The Complaint alleges that per a written commercial lease agreement entered into on November 15, 2010, Defendants agreed to pay rent of $8,000 per month to Plaintiffs. The ...

Excerpt: ...�Plaintiffs”) moved for an order awarding additional attorney's fees. The Court ordered supplemental briefing on two issues: why two invoices for the same period were submitted and identification of the fees and costs associated with the first proposed judgment and second motion to confirm arbitration award. Plaintiffs have submitted their supplemental briefs. Defendants Premiere Medical Center of Burbank, Inc. (“Premiere”), Michael Marsh (...

Excerpt: ...rowner, Tanique Taylor, Anthony Moore, Latasha McLemore, and Ralph Taylor (collectively, “Plaintiffs”) filed the instant action on February 5, 2018 against Defendants Carpenters Property Management, Equity Holding Corp.; Group XIII Properties LP, PAMA Management, Inc., and IE Rental Homes, Inc. The Complaint asserts causes of action for breach of implied warranty of habitability, negligence, nuisance, and violations of Civil Code section 1942...

Excerpt: ...nt Ford Motor Company (“Defendant”). Plaintiffs allege that they purchased a new vehicle from Defendant which they later discovered suffered from numerous defects and malfunctions. Plaintiffs allege that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song-Beverly”). On or about March 2, 2017, Defendant made a Code of Civil Procedure section 9...

Excerpt: ..., INC. TO PLAINTIFF'S COMPLAINT; (C) DEMURRER AND MOTION TO STRIKE OF DEFENDANT MORLEY BUILDERS, INC. TO PLAINTIFF'S COMPLAINT Background Plaintiff Antonio Cutts (“Cutts”) initiated the instant action on December 28, 2017 against Defendants Morley Builders, Inc. (“Morley”), Helix Electric, Inc. (“Helix”), Clarett West Development, LLC (“CWD”), and DLJ Real Estate Capital Partners, L.P. (“DLJ”) (collectively, “Defendants”)....

Excerpt: ...omplaint”). The Complaint asserts one cause of action for breach of contract. Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is additionally uncertain. No opposition to the demurrer was filed. Procedural Issues On May 16, 2018, the Court continued the hearing on Defendant's demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey because no such proof...

Excerpt: ...ranting preliminary approval of the class action settlement entered into with Defendant SCIS Air Security Corporation (“SCIS”). The motion is unopposed. Discussion Preliminary Approval of Class Action Settlement As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] fair, adequate, and reasonable.” ((7- Eleven Owners for Fair Franchising ...

Excerpt: ...to the Complaint of Plaintiff Mercedes Churchwell (“Churchwell”). The Complaint asserts causes of action for violations of statutory obligations, including the Song-Beverly Act and Magnusson-Moss Acts. Ford demurs to the seventh cause of action (fraudulent inducement - concealment), eighth cause of action (fraudulent inducement – intentional misrepresentation), and ninth cause of action (fraudulent inducement – negligent misrepresentation...

Excerpt: ...noperable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, ...

Excerpt: ...�) on November 17, 2017. On February 15, 2018, a Notice of Settlement of Entire Case (the “Notice”) was filed by Menchaca, indicating that a conditional settlement had been reached, and that a request for dismissal would be filed no later than March 30, 2018. Menchaca now moves to set aside the Notice and return the matter to the active civil calendar because the parties have not reached a binding settlement. FCA opposes. Discussion Californi...

Excerpt: ...) filed this employment action on November 16, 2017 against Defendants Republic Services, Inc. (“Republic Services”), Kelly Services, Inc. (“Kelly Services”), and Chris Doe. Consolidated Disposal Service, LLC (“CDS”) was added to replace Doe No. 2 on December 29, 2017. Republic Services was dismissed without prejudice by stipulation on February 15, 2018. The Complaint asserts causes of action under FEHA for retaliation, discrimination...

Excerpt: ... 13, 2017. The Complaint asserts causes of action for breach of contract, open book account, account stated, and reasonable value, arising from Quezada's alleged failure to pay workers compensation insurance premiums during specified periods of time. According to Plaintiff, Quezada made certain assertions during discovery that the insured was instead a corporate entity named R&G Drywall and Plaster, Inc. Therefore, Plaintiff seeks leave to amend ...

Excerpt: ...plaint asserts causes of action for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, failure to prevent discrimination, and wrongful termination in violation of public policy. Monster now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes. Legal Standard In a motion to compel arbitration, the moving party mus...

Excerpt: ...y Santamaria, Christopher Bolan, Thomas Conrad, Efren Corral, Francis De La Victoria, Gabriel Ferreras, Christopher Gelvin, Christopher Glassford, Mario Granado, Ryan Kennedy, John Kielbasa, Jeremy Lapworth, Kurt Logan, David Neville, Luis Ojeda, Ernest Pagarigan, Enoch Park, Fidencio Pina, Javier Ramos, Karen Rayner, Gabriel Rebolledo, Luis Rodarte, Paul Siegel, Joel Trask, and Joseph McDowell (collectively, “Defendants”) move to continue tr...

Excerpt: ...la Hertz, as Trustees of the Paul L Garcell and Pamela Hertz Revocable Family Trust, Stacey L. Hertz, as Trustee of the Stacey L. Hertz Revocable Family Trust, and as Personal Representative of the Estate of Murray Hertz, Patrick Dermody and Clara Carmen Dermody as individuals and Trustees of the Patrick and Clara Carmen Dermody Family Trust, Robert Richardson, individually and as Trustee of the Robert S. Richardson and Saundra Richardson Family ...

Excerpt: ...e alleged refusal of Defendant Tisha Johnson (“Johnson”) to pay him sufficient benefits for damages arising out of a motor vehicle accident. Johnson now moves to quash service of the summons on the basis that she was improperly served. Hale opposes but did not file an opposition brief. Instead, on June 11, 2018, Hale filed an Objection to Defendant's Notice of Non-Receipt of Opposition to Johnson's Motion to Quash Service of Summons; Sanction...

Excerpt: ...��Suarez”), Julie Preston (“Preston”), and RJ Cook (“Cook”) (collectively, “Defendants”). Contreras was hired by HAL on November 5, 2012 as a case manager until her termination on June 18, 2015. (Defendants' Separate Statement of Undisputed Material Facts (“UMF”) 2, 23) Suarez, Preston, and Cook were Contreras's supervisors at various points in time during her employment. (UMF 3, 8, 15) Defendants now move for summary adjudicati...

Excerpt: ... part: Judge Beaudet hereby discloses that approximately 18 years ago, she and her husband purchased a pickup truck for her husband's use that he recalls was either a Dodge or Chrysler pickup; Judge Beaudet does not remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was opera...

Excerpt: ...ne 28, 2017 against Defendants Atkins and Atkins Services, Inc.[1](“AASI”), Kevin Atkins, and Susan Atkins (collectively, “Defendants”). The Complaint alleges wage and hour violations as well as a violation of Business and Professions Code section 17200. AASI brings this motion to compel further responses by Plaintiff to Special Interrogatories (Set One). However, as noted in Plaintiff's opposition, she has since served further responses ...

Excerpt: ...y, LLC's (jointly, the “Park Parties”) alleged breach of a commercial lease agreement with Plaintiff and Cross-Defendant Sky High Investments Company, LLC (“Sky High”) (the “Lease Agreement”). In the Cross-Complaint, the Park Parties alleges that Sky High and Cross- Defendant Morad Ben Neman (“Neman”) (Sky High and Neman hereinafter to be referred to as the “Sky High Parties”) were responsible for violations of the building co...

Excerpt: ...Gutierrez (collectively, “Defendants”) on September 6, 2017, alleging claims for, inter alia, discrimination, harassment, retaliation, failure to accommodate and failure to engage in the interactive process. The asserted bases for discrimination/harassment/retaliation claims are sex, disability, age and race. The County is Pierce's employer, employing him as a custodian supervisor at Rancho Los Amigos Hospital. Pierce has been deposed twice a...

Excerpt: ...ently scheduled for November 7, 2018, and the discovery cut-off, motion cut-off, and related deadlines. Defendants request a continuance of 30 days from November 29, 2018, the date Defendants have reserved for their motion for summary judgment/adjudication. Plaintiff Eric Pierce (“Pierce”) opposes. Discussion “The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” (CRC 3.1332(c).) “In ...

Excerpt: ...12. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff now moves for an award of at...

Excerpt: ...e Dina (jointly, the “Dinas”) initiated this action on March 12, 2015 against Defendants Joseph Safran (“Safran”), One Capital Group, Inc. (“One Capital”), Mashbir, LLC (“Mashbir”), and 708 Hampton, I, LLC (the “Dina Action”). On March 7, 2016, Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) filed a complaint in Case No. BC 612973 against, inter alia, the Dinas (the “Safran Action”), which has ...

Excerpt: ...eting Partners, and Alan Harrington (collectively, “Movants”) move to enforce a forum selection clause contained in a Promissory Note and Security Agreement, dated January 12, 2011 (the “Loan Agreement”) between nonparty Global One Financial, a division of Synovus Bank (“Synovus”) and Plaintiff Ram Sales, Inc. (“Ram Sales”). The forum selection clause at issue indicates that jurisdiction for any disputes arising out of or in conne...

Excerpt: ...dants Rosalinda Garza-Wiesand ("Rosalinda") and Theodore Wiesand C 'Wiesand')_ By the complaint: Elba sought to quiet title in her name to certain real property, and to cancel deeds that Rosalinda and Wiesand had allegedly procured by fraud. Hector A. Garza: Jr. ("Hector") was appointed Elba's guardian ad litem on December 4: 2015. Rosalinda filed a cross-complaint against Elba: arnong others: also seeking to quiet title. One of the cross-defenda...

Excerpt: ...��Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander[1](“Kumlander”). On February 9, 2018, Kumlander served Form Interrogatories, Set One, and Requests for Production of Documents, Set One on Plaintiff. (Baker Decl., ¶ 2, Ex. 1.) On April 16, 2018, having received no responses, counsel for Kumlander sent a meet and confer...

Excerpt: ...legal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “GDL Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. CTAN challenges a contract awarded by Real Party in Interest Montebello Unified School District (“MUSD”) to GDL on April 7, 2016 entitled “Exterior Environmenta...

Excerpt: ...Farrelly aka Darius S. Farrelly (“Farrelly”). Plaintiff has submitted a default judgment package seeking entry of default judgment against Farrelly in the amount of $163,892.16, reflecting $150,291.64 demanded in the Complaint, $12,930.52 in prejudgment interest, and $670 in costs. The Court finds that Plaintiff has not sufficiently supported its request by the submitted declarations and evidence. For one, the Declaration of Brandon Deshler f...

Excerpt: ...B Global, Inc., Jack Liu, Sean Liu, Chundi Liu aka Chun Di Liu, and Jie Wang. Plaintiff has submitted a default judgment package seeking entry of default judgment against JDKY (USA), Inc., Sean Liu, and Jie Wang in the amount of $390,720.97. However, the Court notes a number of defects with the default judgment package. First, Plaintiff's name appears incorrect on the Request for Court Judgment (Form CIV-100), Item 1(b) and Item 4 is incomplete. ...

Excerpt: ...dants Catwalk to Sidewalk, Inc. (“CTS”) and Billy Kang (“Kang”) (jointly, “Defendants”) for wrongful termination, breach of contract, breach of implied contract, fraud and false imprisonment. Defendants now move for summary judgment, or in the alternative, summary adjudication as to all causes of action. Jang opposes. Evidence <0052005100560003004400 0056001d[ Declaration of Kyong Won Kang: Objection Nos. 1, 3, 4, 5, and 21 are overru...

Excerpt: ...entral, LLC (jointly, “Plaintiffs”) initiated the instant action on December 22, 2017 against Defendants County of Los Angeles (the “County”) and Board of Supervisors for the County of Los Angeles (jointly, “Defendants”). The Complaint asserts causes of action for promissory estoppel, promissory fraud, negligent misrepresentation, breach of contract, breach of implied‐in‐fact contract, breach of covenant of good faith and fair dea...

Excerpt: ...intiffs Jason Trenton and Crystal Trenton (jointly, “Plaintiffs”) filed this action on May 13, 2016 against numerous defendants including L&T Construction, Inc. (“LT”). Plaintiffs seek damages arising from the construction of a residential home. Plaintiffs filed the operative Third Amended Complaint (“TAC”) on March 16, 2018. The TAC asserts causes of action for (1) breach of written contract, (2) fraud/deceit, (3) bad faith breach of...