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: ...ely, “Plaintiff”) filed this action on June 13, 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 (“An...

Excerpt: ...iberty 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 caused damage and property loss. Plaintiffs maintained homeowner's insurance po...

Excerpt: ...an M. Dang (“Defendant”). However, the Court finds several deficiencies with Plaintiff's default judgment package, as follows: 1. The Declaration by Tiffany Jones in support of the request for default judgment is insufficient to support Plaintiff's claim for damages. First, Ms. Jones attests to being <0003004500580057000300 004c0052005100030052>f the declaration shows the plaintiff as Acapita Education Finance Corporation (“Acapita”). Fur...

Excerpt: ... section 3287, subdivision (a) or, in the alternative, subdivision (b). Defendant Mercedes-Benz USA, LLC (“Mercedes-Benz”) opposes. Following a jury trial, judgment was entered on May 1, 2018 in the amount of $19,767.85 as restitution for payments made by Plaintiff Arjang Fayaz (“Fayaz”) to lease the vehicle. (Greco Decl., Ex. A.) Fayaz was added as an indispensable party on February 8, 2018, after the close of evidence. (Greco Decl., ¶ ...

Excerpt: ...ned by Plaintiffs during their tenancy in a building owned by Defendant Woodburn Housing, LLC (“Woodburn”). The Complaint, filed November 10, 2016, asserts causes of action for negligent maintenance, nuisance, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligent violation of statutory and legal duties, intentional violations of statutory and legal duties, and constructive eviction. On December 22, 2017,...

Excerpt: ...”) on July 11, 2017. On February 28, 2018, Ford served a Notice of Taking Deposition of Plaintiff and Requests for Documents on Adato (the “Document Request”). (Waldon Decl., ¶ 2.) Adato's deposition proceeded on March 23, 2018, where he testified that he had not reviewed the Document Request and had not carried out any search for responsive documents but that he probably did have certain documents within his possession or control. (Waldon...

Excerpt: ...l motion to strike the First Amended Complaint of Plaintiff Karys Dalsook Ma (“Plaintiff”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the amount of $36,298. Plaintiff opposes. Discussion The anti-SLAPP statute provides that “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorn...

Excerpt: ...T Background Plaintiff Michael Wu (“Plaintiff”) initiated the instant action on January 2, 2018 against Defendants Gonzala J. Vasquez (“Vasquez”), Thomas Linovitz (“Linovitz”), Laurie Olmedo (“Olmedo”), Realty One Group, Inc. (“Realty One”), and Sea West Financial, LLC (“Sea West”). The Complaint asserts causes of action for specific performance, tortious interference with contract, and negligence. Defendants 1215 Neola St...

Excerpt: ...t”), and Bethany Mota (“Bethany”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 7, 2017, and asserts causes of action for breach of contract, breach of covenant of good faith and fair dealing, fraud, negligent misrepresentation, intentional interference with contract, negligent interference with prospective economic relations, and declaratory relief. The gravamen of the FAC is a dispute...

Excerpt: ...NDED COMPLAINT Background Plaintiff Fraser Ross (“Plaintiff”) brought this action on August 9, 2016. The operative Second Amended Complaint (“SAC”) was filed on January 16, 2018 against Defendants Christopher Lee (“Lee”), Salus Capital Partners, LLC (“Salus”), HGI Asset Management Holdings, LLC (“HGI”), Spencer Spirit Holdings, Inc. (“Spencer”), and BHK Investments LLC (“BHK”). Plaintiff is the founder and former share...

Excerpt: ...ous causes of action relating to her employment. Defendants Craig Boyer, Robert Raffaele, Patricia Gutierrez, and Oscar Zepeda (collectively, “Defendants”) now move for judgment on the pleadings as to the fourth and fifth causes of action for retaliation under California Labor Code sections 1102.5 and 6310. Davis opposes. Evidence Plaintiff's Request for Judicial Notice as to Exhibits A and B are granted. ((See Evid. Code, § 452); (Richman v...

Excerpt: ...2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander (“Kumlander”). <0045004c00490058005500 004b0048000300570055[ial into a liability phase and a damages and then punitive damages phase. The motion is unopposed, and Kumlander filed a Notice of Non-Opposition on June 11, 2018. Discussion Code of Civil Procedure section 1048(b) provides: “The court, in furtherance of convenience or to avoid...

Excerpt: ...t Yelp, Inc. (“Yelp”) seeking injunctive relief pursuant to Business and Professions Code sections 17200 and 17500 et seq. Multiversal Enterprises-Mammoth Properties, LLC (“Multiversal”) substituted in as plaintiff on February 25, 2015. The Court previously denied a motion for summary judgment, or in the alternative, summary adjudication by Yelp, partly on the basis that Yelp had failed to establish that injunctive relief was unavailable ...

Excerpt: ...ian (“Avedissian”), and Maria Villamil (“Villamil”) (jointly, “Defendants”). The Complaint asserts causes of action for sexual harassment, failure to engage in a timely good faith interactive process, failure to accommodate, discrimination (sex/gender and disability), failure to prevent discrimination and harassment, retaliation, wrongful discharge, and intentional infliction of emotional distress. Defendants now move for an order com...

Excerpt: ...ry 21, 2018, alleging causes of action for negligence, strict liability, intentional/fraudulent concealment, and loss of consortium (the “Complaint”). The gravamen of the Complaint concerns personal injuries sustained by Plaintiff Allen G. Shaw (“Mr. Shaw”) as a result of exposure to benzene and benzene-containing substances during the course and scope of his employment as an automotive mechanic. Plaintiffs allege that Defendant Univar US...

Excerpt: ... June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”),” Dertad Teddy Bedjakian “Bedjakian”) and 168 Entertainment, LLC (the “LLC”). The operative First Amended Complaint (“FAC”) alleges that the Plaintiffs entered into an investment agreement (the “Contract”) with Khalafian and the LLC on November 30, 2009, wherein Plaintiffs agreed to invest $205,000 into a new internet project which Khalafian and the LLC would ...

Excerpt: ...torney general on October 4, 2017 against Defendant AAA Flag & Banner Mfg. Co. Inc. (“AAA Flag”). The Complaint alleges one cause of action for civil penalties under Labor Code section 2699 et seq. (“PAGA”) for violations of Labor Code sections <00140015000f0003004400 004400560003005a0048[ll as IWC Wage Orders 1-2001 and 7-2001. The parties participated in mediation, where the parties ultimately reached a settlement of both the PAGA claim...

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: ...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: ...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...

Excerpt: ...a Felix (“Felix”) and Felix individually filed this action on November 22, 2017 against Defendant Memorial Health Services dba Long Beach Memorial Medical Center (“LBMMC”). The Complaint asserts causes of action for (1) elder abuse/neglect; (2) negligence, (3) wrongful death (on behalf of Felix individually only), and (4) negligent hiring, supervision, and retention. LBMMC now demurs to the first cause of action. LBMMC also moves to strik...

Excerpt: ...t, Case Number BC 685422 (“Schmittle II”). The instant case was initiated on September 22, 2015, with causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interative process, and failure to prevent discrimination (“Schmittle I”). The complaint in Schmittle II was filed on December 4, 2017, asserting causes of action for retaliation and aiding and abetting relating to events that occurre...

Excerpt: ... “Plaintiffs”) prevailed in arbitration against Defendants Premiere Medical Center of Burbank, Inc. (“Premiere”), Michael Marsh (“Marsh”), and Michael D. Marsh, M.D., Inc. (“Marsh, Inc.”) (collectively, “Defendants”). The final arbitration award was issued on May 30, 2017. (Becerra Decl., ¶ 8.) The Court confirmed the arbitration award in the amount of $482,322.90 as to Sarang on November 15, 2017 and as to SMC on March 9, 20...

Excerpt: ...alleges that he loaned $190,000 to Defendants to use towards the purchase of a particular property, which Defendants failed to do. When Plaintiff demanded the return of the funds, Defendants refused to do so. Trial is set for June 13, 2018. Plaintiff now moves for leave to appear remotely via CourtCall and/or Video CourtCall pursuant to California Rules of Court, rule 3.670(f)(3) at trial. Defendants oppose. Discussion California Rules of Court, ...

Excerpt: ...h Perera (“Ramesh”), and Ram Sales, Inc. (“Ram Sales”) (collectively “Plaintiffs”) filed this action against Defendants Lincoln Benefit Life Company, James O. Conaway, Lorraine A. Conaway, Conaway & Conaway, Inc., Integrity Business Solutions Provider, LLC, Allied Marketing Partners, Inc., Alan Harrington, Jason Ziccarelli, and Global Financial Distributors, Inc. (collectively, “Defendants”). The operative First Amended Complaint ...

Excerpt: ...VE AND PROPOSED] STATEMENT OF DECISION BY THE COURT AFTER TRIAL This matter came on for trial on January 3-5 and 8-10, 2018, in Department 50 of the above- entitled court before the Hon. Teresa A. Beaudet, sitting without a jury. The Court, having considered the evidence and read the arguments of counsel, issues this tentative and proposed Statement of Decision. This tentative and proposed Statement of Decision will become the Statement of Decisi...

Excerpt: ...��Rodriguez”) request that the Court enter default judgment against Defendants Top Designs Printing, Inc. (“Top”), Gerardo Roque (“Roque”), Brian Kim (“Kim”), and Kyung Su Lee (“Lee”) (collectively, “Defendants”). Plaintiffs seek an award of $434,175.28, reflecting $399,479.74 in the demand of the complaint, $29,600.30 in interest, $595.24 in costs, and $4,500 in attorney's fees. The Court finds that there are several proble...

Excerpt: ...s Direct, Inc. (“Stratasys”) and Stratasys Direct Manufacturing.[1] Mendez was hired as a “finisher” for Stratasys in 2003 and remained in that position until she was terminated from employment in September 2015. Mendez alleges that her termination was wrongful, as it was motivated by, among other things, disability and/or age discrimination. Stratasys now moves for summary judgment, or in the alternative, summary adjudication on the rema...

Excerpt: ...as a probationary firefighter with the Los Angeles County Fire Department until he was terminated from his position on May 16, 2017. (Compl., ¶¶ 1, 23.) The County now demurs to the fourth cause of action for breach of contract on the basis that a breach of contract cause of action cannot be pled against a public entity such as the County. Ahdunko opposes. Discussion A demurrer can be used only to challenge defects that appear on the face of th...

Excerpt: ...mmadis, Inc. dba Gaucho Grill (“Ammadis”) and Gaston Miorin (jointly, “Defendants”). Arvizu propounded Form Interrogatories – Employment Law, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One (collectively, the “First Set of Written Discovery”) to Ammadis on November 9, 2017. (Zargarian Decl., ¶ 2.) After multiple extensions, Ammadis served responses to the First Set of Written Discovery. (Z...

Excerpt: ... Defendants Select Portfolio Servicing, Inc. (“SPS”) and Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-8, Asset-Backed Certificates, Series 2006-8 (“Deutsche Bank”) (jointly, “Defendants”) filed a motion for judgment on the pleadings as to all causes of action alleged in the Complaint. The motion was scheduled to be heard on June 29, 2018. On April 23, 2018, Ra...

Excerpt: ...n Healthcare Center, LLC (“Kingston”) and Veterans Rideshare, Inc. (“Veterans”). The Complaint asserts causes of action for dependent neglect/abuse, negligence, and common carrier liability. Veterans provides medical transportation services to members of Kingston's convalescent home. The claims against Veterans stem from the transportation of Bagsby, an elderly individual whose medical condition confines him to a wheelchair, from Veterans...

Excerpt: ...st Defendants John Stewart Company (“JSC”) and Jose Solache (“Solache”). The causes of action asserted against Solache stem from allegations of harassment he engaged in while they were both employed by JSC. JSC now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration agreement between the parties exist and that the arbitration agreem...

Excerpt: ... Plaintiffs Latoyia Hill (“Hill”), as Guardian of minor Jared Jackson (“Jared”), Asoniti Foster (“Foster”), as Guardian of minor Soni Ninya Foster-Jackson (“Soni”), Tumpei Pollard-Jackson (“Pollard-Jackson”), as Guardian of minor Gerard D. Jackson, Jr. (“Gerard, Jr.”) (jointly, “Plaintiffs”) have reached a confidential settlement agreement in this matter. Each of the Plaintiffs submitted a petition for approval of the ...

Excerpt: ... Inc. (“Chartwell”). Brentwood's Complaint relates to an agreement between Brentwood and Chartwell, wherein Chartwell agreed to provide temporary staffing services to Brentwood, including the services of Chartwell's employee, Marco Moulton (the “Agreement”). (Compl., ¶ 4.) On or about August 24, 2017, Mr. Moulton sued Brentwood and Chartwell for various employment-related causes of action (the “Moulton Lawsuit”). (Compl., ¶ 5.) On o...

Excerpt: ...�) asserts causes of action for breach of fiduciary duty and legal malpractice. Tontini now seeks leave to file a Second Amended Complaint to add a fraud cause of action against the defendants, to separate the breach of fiduciary duty cause of action into two causes of action (one relating to failure to communicate settlement offers and the other relating to conflict of interest), and include additional specific facts concerning Tontini's allegat...

Excerpt: ...n 1986, Proposition 65 (Health & Saf. Code, § 25249.5 et seq.) was designed to prevent the contamination of drinking water with, and generally protect the public from unknowing exposure to, harmful chemicals. Section 25249.5 provides in part: “No person in the course of doing business shall knowingly discharge or release a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical p...

Excerpt: ...mplaint”). Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is uncertain. No opposition to the demurrer was filed. The Court previously continued the hearing on the demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey, as well as a meet and confer declaration pursuant to Code of Civil Procedure section 430.41. The Court notes that Defendant filed it...

Excerpt: ... and Maria Ashoori (jointly, “Defendants”). The Complaint asserts causes of action for wrongful discharge in violation of public policy, discrimination, harassment, retaliation, failure to prevent harassment and discrimination, failure to provide timely access to payroll and personnel records, waiting time penalties, failure to pay overtime, failure to maintain records, failure to indemnify worker for job-related expenses, and a PAGA claim fo...

Excerpt: ... requests accommodations pursuant to Cal Rules of Ct. 1.100 that his case be tried only in either Stanley Mosk or Spring Street, due to Plaintiff's disability caused by a "very severe head injury (diffuse axonal injury)." (Memorandum of Points and Authorities, p. 4, l. 2.) Plaintiff's request was made on March 28, 2018. The request came after (a) this Court met with the parties on March 23, 2018 and they acknowledged that they wer...

Excerpt: ...nts LISI Aerospace North America, Inc. (“LISI”), Hi‐Shear Corporation, Inc. (“Hi‐Shear”), and Michael Keating (“Keating”). Hi‐Shear and LISI (jointly, “Defendants”) now move for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration between the parties exist and that the arbitration agreement is unconscionable, and therefore, unenf...

Excerpt: ...“Plaintiff”) filed this employment action on January 19, 2018 against Defendants John Stewart Company (“JSC”) and Jose Solache (“Solache”). The causes of action asserted against Solache stem from allegations of harassment he engaged in while they were both employed by JSC. JSC now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitrat...

Excerpt: ...o for quiet title, cancellation of instruments, and declaratory relief. Thereafter, a number of cross‐actions were filed, including that of Cross‐Complainant Elba P. Garza (“Garza”) on March 29, 2016 for financial elder abuse, cancellation of instruments, fraud, and breach of fiduciary duty against Defendants Ulysses Angulo (“Ulysses”), Yolanda Angulo (“Yolanda”), and Rosalinda Garza‐Wiesand (“Rosalinda”) (the “Cross‐ Co...

Excerpt: ...) (jointly, “Plaintiffs”) filed the instant action against Defendant Laurence Grante (“Grante”) and Granite Productions, Inc. dba Think Up Anger (“TUA”) (jointly, “Defendants”) on January 26, 2017. Thereafter, TUA filed a cross‐complaint against Plaintiffs. The operative First Amended Cross‐Complaint asserts causes of action for intentional misrepresentation, breach of oral contract, conversion, tortious interference with pros...

Excerpt: .... 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 alleges that in 2007, DSH unla...

Excerpt: ...“Kaiser”) and Susan Bailey (“Bailey”) (jointly, “Defendants”). In her Complaint, Primus alleges that she was employed by Kaiser until she was wrongfully terminated on January 25, 2016. (Compl., ¶ 1.) Primus alleges that Bailey, her manager at Kaiser, harassed her and retaliated against her due to her disability. (Compl., ¶ 3.) Defendants now demur to the second cause of action (breach of covenant of good faith and fair dealing), fou...

Excerpt: ...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. During the pendency of the instant case, Schmittle was charged by the Los Angeles County District Attorney with worker's compensation insurance fraud. The charges stem from a report of suspected worker's compen...

Excerpt: ...Warren, Jr. (“Defendant”). Plaintiff seeks a declaration from the Court that Plaintiff's Deed of Trust is now and has at all times since September 19, 2008, been a valid, binding, and enforceable first trust deed lien securing the subject Promissory Note in the original principal amount of $252,000.00 with the subject property; a declaration that Plaintiff is the beneficiary of the Deed of Trust, and the holder in due course of the subject Pr...

Excerpt: ...against Defendant XFusion Media Corporation in the amount of $51,404.97. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff's action is on a written obligation to pay money, so either the original agreement or a declaration explaining loss or unavailability of the original must be provided along with a proposed order to accept a copy in lieu of the original. Plaintiff only attached a true co...

Excerpt: ...s' fees incurred on the appeal by Plaintiff Evangelina Posada (“Evangelina”) of the Amended Judgment in Favor of Defendant Quest Equity Fund, LLC (the “Judgment”), which was issued on September 20, 2016. After Evangelina's appeal, the Court of Appeal affirmed the Judgment, and on October 6, 2017, the Court of Appeal issued a Remittitur. The instant motion for attorneys' fees is unopposed. Discussion Civil Code section 1717 provides: “In...

Excerpt: ...nd LLC (“Landmark””) and Landmark Infrastructure Holding Company LLC (“Infrastructure”) filed their initial Complaint. The operative First Amended Complaint (“FAC”) alleges eight causes of action as follows: breach of guaranty; breach of contract (first count); breach of contract (second count); intentional misrepresentation; negligent misrepresentation; intentional interference with contractual relations; declaratory relief; and un...

Excerpt: ...e moving party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer or motion to try to reach an agreement that resolves the claims to be raised in the demurrer or motion. Additionally, the moving party must file a declaration stating either (a) the means by which the moving party met and conferred and that the parties did not reach an agreement, or (b) the other party failed to resp...

Excerpt: ...t and Cross-Complainant Peter T. Brown (“Brown”) to attend his deposition. No opposition to the motion was filed. Issapour served a notice of deposition for Brown set for July 25, 2017. (Moghaddami Decl., ¶ 2, Ex. A.) After meeting and conferring, the deposition was reset for August 17, 2017. (Id. at ¶ 4, Ex. B.) Brown failed to appear and a certificate of non-appearance was issued. (Id. at ¶ 5, Ex. C.) The parties participated in an infor...

Excerpt: ...May 23, 2017 against, inter alia, Defendants Honest Creams LLC (“Honest Creams”), Allen Yeganian (“Yeganian”), and Artin N. Rebekale (“Rebekale”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on October 10, 2017. Counsel for Zoo's motion to be relieved as counsel was granted on October 26, 2017, and there is no record of new counsel substituting in on behalf of Zoo since then. In Defenda...

Excerpt: ...ion, Horizon Fund, LLC, Horizon Equities, Inc., Horizon Management, Inc., David Brown as Trustee of the David J. Brown Revocable Trust, and David Deshay as Trustee of Glenview Profit Sharing Plan (collectively, “Cross-Defendants”) in the amount of $84,646.11. However, the Court finds that the exhibits submitted in support of the request for entry of default judgment are insufficient to substantiate Mellein's damages. For example, in paragraph...

Excerpt: ...comply with this Court's September 20, 2017 Order compelling responses to certain written discovery requests (the “Order”). The matters contained in Robbins' Requests for Admission to Kagel have already been deemed admitted pursuant to the Court's Order. No opposition to the instant motion was filed. Discussion Once a motion to compel further responses is granted, continued failure to respond or inadequate responses may result in more severe ...

Excerpt: ...t Defendant Kelly Paper Company (“Kelly Paper”). Rosales's Complaint alleges one cause of action for civil penalties under Labor Code section 2698 et seq. (“PAGA”) by failing to pay proper overtime wages, failing to provide proper meal and rest periods, failing to provide accurate itemized wage statements, and failing to pay all wages due within the required time and upon separation of employment. (Campbell Decl., ¶ 4.) On October 12, 20...

Excerpt: ...tiffs”) filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Napoleon Banks (“Banks”), and Does 1 through 110, inclusive. On March 29, 2016, Plaintiffs filed an amendment substituting Defendant LA's Promise (“LA's Promise”) for Doe 1 (collectively, with LAUSD and Banks, “Defendants”). Plaintiffs allege that on or about August 31, 2012, and again on or about September 7, 2012, Defendants neglige...

Excerpt: ...er (the “Order”) denying Plaintiff's motion for preliminary injunction. According to the Proof of Service attached to the Notice of Ruling on Motion for Preliminary Injunction, the Notice was served on Plaintiffs on February 28, 2018 by U.S. mail. The instant motion is unopposed. Discussion Code of Civil Procedure section 1008(a) provides: When an application for an order has been made to a judge, or to a court, and refused in whole or in par...

Excerpt: ...ita Denise Schmittle (“Schmittle”) filed this employment action against her employer Defendant 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. A. Motion to Compel Compliance with Court Order and Require Further Production of Documents During the ...

Excerpt: ...ement Agreement resolving the instant litigation on April 6, 2016 (the “Agreement”). (Aparicio-Mercado Decl., ¶ 3.) Per the Agreement, Babaians would make six equal payments to Hosely in the amount of $1,375.00 until the settlement was paid in full. (Aparicio-Mercado Decl., ¶ 3; Ex. 1 to Motion, p. 1., para. 1.) The Agreement also included provisions for enforcement under Code of Civil Procedure section 664.6. (Aparicio-Mercado Decl., ¶ 5;...

Excerpt: ... against Defendants FCA US LLC (“FCA”) and Extreme Automotive Group (“Don-A- Vee”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the Song- Beverly Consumer Warranty Act (“Song-Beverly Act”), fraudulent inducement-concealment, and negligent repair. Plaintiffs' claims are based on their purchase of a 2012 Jeep Grand Cherokee (the “Subject Vehicle”). On January 17, 2018, FCA served an Amended D...

Excerpt: ...n 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 connection with the Loan Agr...

Excerpt: ...of the Third Amended Complaint (“TAC”) of Plaintiff Jack Azad (“Azad”) referencing punitive damages. Azad opposes. Defendants' two previous motions to strike punitive damages claims were granted with leave to amend. Meet and Confer Pursuant to CCP §§ 430.41, 435.5 and 439, before filing a demurrer, motion to strike or motion for judgment on the pleadings, the moving party must meet and confer in person or by telephone with the party who...

Excerpt: ...) move for summary judgment, or in the alternative, for summary adjudication, on the First Amended Complaint (“FAC”) of Plaintiff Jorge Bayardo (“Bayardo”). The FAC asserts causes of action for disability discrimination, race discrimination, harassment based on disability and race, failure to accommodate, failure to engage in meaningful interactive process, retaliation, failure to prevent discrimination, harassment, and retaliation, and v...

Excerpt: ...homas Markle and Janice Markle (“Plaintiffs”) filed this action on March 28, 2017 against Defendant Ford Motor Company (“Ford”) alleging violations of provisions of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Act. On December 22, 2017, Ford served Plaintiffs with Requests for Admissions, Set One, Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One. (Hughes Dec...

Excerpt: ...videntiary, issue, terminating, and monetary sanctions against Plaintiffs and Cross-Defendants <0048004f0003000b00b300 00030044005100470003[Plaintiff M and M JM, LLC (“M and M”) for failure to comply with the October 1, 2015 Stipulation and Order re Motion for Sanctions and to Compel Deposition (the “Order”). Markel opposes. Discussion Once a motion to compel further responses is granted, continued failure to respond or inadequate respons...

Excerpt: ...mber 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 operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be bias...

Excerpt: ...s, Virgilio Castro, Jonathan Castro, and Eduardo Fuentes (collectively, “Plaintiffs”) filed this action on August 07, 2017, against Defendants NOHO MBK, LLC (“NOHO”); MBK Management Corp. (“MBK”), NOHO Arts Apts., LLC, and 6641 Etiwanda LLC (collectively, “Defendants”). Plaintiffs allege Defendants are the owners and property managers of property where Plaintiffs live; that the property is uninhabitable due to cockroaches, bed bug...

Excerpt: ...”) brings this demurrer to the Complaint of Plaintiff Ana Alicia Reyes (“Reyes”). The Complaint asserts causes of action for violations of statutory obligations, namely, the Song‐Beverly Act. GM demurs to the seventh cause of action (fraud by omission). GM also moves to strike allegations of punitive damages from the Complaint. Reyes opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the p...

Excerpt: ...FF'S FURTH E INTERROGATORIES (SET ONE) Plaintiff Jarod Parker (“Parker”) filed this action against Defendant Subaru of America, Inc. (“Subaru”) alleging violations of the Song Beverly Consumer Warranty Act and Magnuson- Moss Act (the “Complaint”). Subaru has filed three motions to compel further responses from Parker to Requests for Production of Documents (Set One), Special Interrogatories (Set One), and Form Interrogatories (Set One...

Excerpt: ...w Group, APC's (jointly, “Plaintiffs”) motion for judgment on the pleadings as to the eleventh affirmative defense (qualified privilege) in Defendants Law Offices of Larry Rabineau and Larry Rabineau's (jointly, “Defendants”) First Amended Answer. Defendants were granted leave to amend. On February 5, 2018, Defendants filed their Second Amended Answer (“SAA”). Plaintiffs now move for judgment on the pleadings as to the eleventh affirm...

Excerpt: ...o the Cross-Complaint of Defendant and Cross-Complainant Max LA Investing, LLC (“Max LA”). The Cross-Complaint was filed December 28, 2017 and asserts causes of action for breach of written lease, unfair business practices, fraud, and negligent misrepresentation. At the April 18, 2018 status conference, Max LA represented to the Court that their opposition to the instant demurrer was fax filed but rejected by the clerk's office. The Court all...

Excerpt: ...laintiff Megan Hoffman (“Hoffman”). Hoffman opposes. Meet and Confer Prior to filing a demurrer, the demurring party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice. Code of Civil Procedure section 430.41 provides, in pertinent part: a. Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by t...

Excerpt: ...tly, “Defendants”). However, the Court finds several deficiencies with Plaintiff's default judgment package, as follows: 1. Plaintiff has failed to include a request for dismissal of all parties against whom judgment is not sought (e.g., Does 1-25.) 2. Form CIV-100 indicates that Plaintiff is seeking a total of $0.00 in judgment to be entered. 3. This is an action on a promissory note; however, Plaintiff has failed to include the original of ...

Excerpt: ...ed their initial Complaint. The operative First Amended Complaint (“FAC”) alleges eight causes of action as follows: breach of guaranty; breach of contract (first count); breach of contract (second count); intentional misrepresentation; negligent misrepresentation; intentional interference with contractual relations; declaratory relief; and unjust enrichment. This case arises from certain transactions among, inter alia, Landmark and Defendant...

Excerpt: ..., by and through his Guardian-ad-Litem and daughter, Ernessa Armstrong (“Ms. Armstrong”) filed this elder abuse/neglect action on March 3, 2017 against Defendant Centinela Skilled Nursing & Wellness Centre, East, LLC, dba Osage Healthcare & Wellness Centre (“Defendant”)[1]. Mr. Armstrong died on April 18, 2017. Mr. Armstrong, by and through Ms. Armstrong as his successor-in-interest and as an individual (“Plaintiff”), filed the operat...

Excerpt: ... 2016 against Defendants FCA US LLC (“FCA”) and Extreme Automotive Group (“Don-A- Vee”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the Song- Beverly Consumer Warranty Act (“Song-Beverly Act”), fraudulent inducement-concealment, and negligent repair. Plaintiffs' claims are based on their purchase of a 2012 Jeep Grand Cherokee (the “Subject Vehicle”). On January 17, 2018, FCA served an Amen...

Excerpt: ...“Plaintiffs”) initiated the instant action on September 21, 2017 against California Restaurant Mutual Benefit Corporation (“CRMBC”). The operative First Amended Complaint (“FAC”) was filed September 29, 2017, naming as Defendants, inter alia, David Mitchell, Dennis Graspointner, Bob Kirshner, Craig Schrader, Kaya Bromley, and Rodney Couch (collectively, the “Individual Defendants”), and the Board of Trustees of CRMBC (the “Board...

Excerpt: ...is 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”). The operative First Amended Complaint (the “Dina FAC”) in the Dina Action was filed on December 18, 2015. By agreement of the parties, Safran, One Capital, and Mashbir's Answer to the Dina FAC was deemed filed on April 21, 2015. On March 7, 2016...

Excerpt: ...nts. THE MANDEL COMPANY, INC., et al., Plaintiffs, vs. JOHN C. DEPP, et al. Defendants. Background These are two related actions – the first was filed by John C. Depp II (“Depp”) and Edward L. White (“White”) (jointly, the “Depp Parties”) on January 13, 2017, against The Mandel Company, dba The Management Group (“TMG”), Joel Mandel individually and as former trustee of the Sweetzer Trust (jointly, “J. Mandel”), and Robert Ma...

Excerpt: ...566.87. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff's request for the Court to accept a copy of the subject Lease Agreement in lieu of the original is contained in the Declaration of J. Eric Atherholt but no proposed order was included. (See Atherholt Decl., ¶¶ 26‐27.)  Exhibits 4 and 5 to the Declaration of J. Eric Atherholt are not marked. Based on the description of Exhibits...

Excerpt: ...ust 7, 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. The operative Verified First Amended Complaint alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). As against Penny and Khaim...

Excerpt: ...ion. Defendant Sung K. Lee (“Lee”) now demurs to the Complaint on the grounds of uncertainty and on the grounds that it fails to state a claim. Plaintiffs oppose. Meet and Confer Prior to filing a demurrer, the demurring party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice. Code of Civil Procedure section 430.41 provides: a. Before filing a dem...

Excerpt: ...serati North America, Inc. (“Defendant”). The Complaint alleges that Defendant violated the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) by failing to repair Plaintiff's 2014 Maserati Ghibli (the “Vehicle”) within a reasonable number of attempts, and by refusing to repurchase the Vehicle. On December 26, 2017, Defendant filed a First Amended Answer wherein Defendant admitted liability in this matter. On February 6, 2018, Pl...

Excerpt: ... Gerald Vernon Hollingsworth Jr. (“Hollingsworth”) for legal malpractice and breach of fiduciary duty. Plaintiffs allege that Hollingsworth failed to exercise reasonable care and skill in undertaking to perform legal services on behalf of Plaintiffs with regard to a lawsuit filed in San Bernardino County, Case Number 1400443 (the “Underlying Action”). (Compl., ¶ 4.) Hollingsworth now moves the Court to compel arbitration pursuant to an a...

Excerpt: ...n February 9, 2016, against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (“SCPMG”) (collectively, “Kaiser”). The Complaint alleges the following: Janya and Salloom were hired by Kaiser on November 12, 2007 and May 19, 2008, respectively. (Compl. ¶¶ 6-7.) For a number of years, Plaintiffs received ratings of “Meets Expectations,” and “Above Meets Expec...

Excerpt: .... aka Vernon C. Warren, Jr. (“Defendant”). Plaintiff seeks a declaration from the Court that Plaintiff's Deed of Trust is now and has at all times since September 19, 2008, been a valid, binding, and enforceable first trust deed lien securing the subject Promissory Note in the original principal amount of $252,000.00 with the subject property; a declaration that Plaintiff is the beneficiary of the Deed of Trust, and the holder in due course o...

Excerpt: ... Lowery (“the Collinge Defendants”) filed a Notice of Related Case (the “Notice”) with regard to the complaint against Plaintiff Insurance Tracking Services, Inc., in Case No. BC632273 in Dept. 68 (the “Earlier Action”). Unfortunately, the Notice was not filed in the Earlier Action. Because the judge in the Earlier Action is the judicial officer who must rule on the Notice, this matter must be continued to a later date to allow time f...

Excerpt: ...atory and Injunctive Relief to Recover Illegal 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, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. The gravamen of the FAC is the allegation by CTAN that GDL entered into an illegal or invalid contract with Real Party in Interes...

Excerpt: ...nctive Relief to Recover Illegal 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, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. The gravamen of the FAC is the allegation by CTAN that GDL entered into an illegal or invalid contract with Real Party in Interest Montebello U...

Excerpt: ...School District (“LAUSD”). The gravamen of Agrusa's Complaint is that prior to retiring, when he worked as a District Supervising Building/Construction Inspector, he was subjected to discrimination and harassment based on his disability. Agrusa alleges that LAUSD, his then-employer, failed to engage in the interactive process, failed to provide him a reasonable accommodation, and forced him to retire. LAUSD now moves for summary judgment, or ...

Excerpt: ...mployment and Housing Act (“FEHA”) on March 23, 2016 against Defendant County of Los Angeles Department of Mental Health (“Defendant” or “County”). Plaintiff filed the operative Third Amended Complaint (“TAC”) in this action on January 8, 2018, alleging five causes of action for (1) workplace color discrimination; (2) national origin discrimination; (3) hostile work environment; (4) retaliation for engaging in a protected activity...

Excerpt: ...LIABILITY APPEAL AND B. PREVAILING ON FEES/COSTS APPEAL Background On January 15, 2014, Plaintiff The Redbean House Corporation (“Redbean”) filed a complaint against Defendant Colonnade Wilshire Corp. (“Colonnade”), Charles Dunn Real Estate Services, Inc. (“Charles Dunn”), Amir Madadi (“Madadi”), and DOES 1 through 10 (collectively “Defendants”) alleging causes of action for: (1) intentional misrepresentation; (2) negligent mi...

Excerpt: ... Inc. (“Subaru”) alleging violations of the Song Beverly Consumer Warranty Act and Magnuson-Moss Act (the “Complaint”). Subaru served its first set of written discovery, including Special Interrogatories, on June 27, 2017. (Ruggerello Decl., ¶ 2.) Parker served responses on or about August 1, 2017; the responses were unverified. (Ruggerello Decl., ¶ 3, Ex. E.) On September 7, 2017, counsel for Subaru sent a meet and confer letter to Par...