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: ...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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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 ...