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: ...“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: ...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: ...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: ... 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: ...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: ...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: ...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...