Excerpt: ...CATION BY DEFENDANTS FIRST ACCESS ENTERTAINMENT, LLC AND FIRST ACCESS ENTERTAINMENT LIMITED; AND DEFENDANTS THE HYV LLC AND BRYANT “CHASE” ORTEGA'S JOINDER IN MOTION FOR SUMMARY ADJUDICATION BY DEFENDANTS FIRST ACCESS ENTERTAINMENT, LLC AND FIRST ACCESS ENTERTAINMENT LIMITED AND RELATED CROSS-ACTION Background On October 7, 2019, Plaintiff Liza Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff...

Excerpt: ...erygma Gutierrez-Gil, Getsemani Gutierrez-Gil, Raul Gutierrez, Sergio A. Fonseca Ramirez, Israel Jordan Fonseca, Benjamin Moises Fonseca, Sergio Fonseca, Ashely Fonseca, Juan Pablo Rivera Hernandez, and Raquel Hernandez-Sosa (collectively, “Plaintiffs”) filed this action on July 1, 2021, against Defendants Lynwood Del Capri, L.P. (“Lynwood”) and Rao R. Yalamanchili (“Yalamanchili”) (jointly, “Defendants”). The Complaint asserts ca...

Excerpt: ...aint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) The sixth cause of action alleges Defendant committed fraud by failing to disclose that the lithium-ion battery was defective. (Complaint ¶ 36.) Defendant contends that the cau...

Excerpt: ...ited Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On December 20, 2018, Quon filed a Cross-Complaint against Lopez and UPS for breach of contract and for wrongful discharge in violation of public policy. On June 17, 2019, Quon filed a First Amended Cross-Complaint,...

Excerpt: ...9 against Defendant General Motors, LLC (“GM”). On March 8, 2021, GM served Plaintiffs with an offer to compromise pursuant to Code of Civil Procedure section 998 in the amount of $21,254.90 plus prejudgment interest, which provides that GM will pay Plaintiffs' attorney fees, expenses, and costs in the amount of $20,000.00, or that alternatively, Plaintiffs' attorney fees, expenses, and costs could be determined by a noticed motion. (Halbert ...

Excerpt: ...AK'S MOTION TO STRIKE PORTIONS OF PLAINTIFF PYRAMID TECHNOLOGIES, INC.'S SECOND AMENDED COMPLAINT Background Plaintiff Pyramid Technologies, Inc. (“Pyramid”) filed this action on February 24, 2020 against Defendants PF Heritage, LLC (“PF”) and Igor Pasternak (“Pasternak”) (jointly, the “PF Parties”). The Complaint asserts causes of action for (1) breach of contract, (2) fraud, and (3) conversion. On March 24, 2021, the Court issue...

Excerpt: ...) brings this demurrer to the Complaint of Plaintiffs William Burns and Terri Burns (jointly, “Plaintiffs”). The Complaint asserts causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song-Beverly Act, and (3) fraudulent inducement - concealment. GM demurs to the third cause of action. GM also moves to strike allegations of punitive damages from the Complai...

Excerpt: ... Defendants Indinero Inc. (“Indinero”), Jessica Mah (“Mah”), Andy Su aka Andrew Su aka Dizhe Su (“Su”), Employees First Advocates LLC (“Employees First Advocates”), and Pry Financials Inc., asserting causes of action for (1) breach of contract, (2) relief against avoidable transfers and/or obligations, (3) breach of fiduciary duty, (4) quia timet, and (5) unjust enrichment. Indinero, Mah, and Su (collectively referred to herein as...

Excerpt: ...illed, LLC (“DF”). The Complaint asserts one cause of action for declaratory relief. On April 6, 2020, DF filed a Cross-Complaint against Rachel Robinson (“Robinson”) and the Estate of Jackie Robinson, asserting one cause of action for breach of contract. The Court held an Informal Discovery Conference (“IDC”) on January 12, 2021 in response to Robinson's motion to compel responses to certain discovery requests, and ordered DF to serv...

Excerpt: ...tion against Defendant Saeid “Steve” Aminpour (“Aminpour”). The operative Second Amended Complaint (“SAC”) was filed on April 30, 2021 and asserts causes of action for equitable indemnity, contribution, apportionment, and to set aside and recover fraudulent conveyances. On June 2, 2021, Aminpour served form interrogatories, special interrogatories, and requests for production of documents on Golbari via email. (Vivoli Decl., ¶ 3, Ex....

Excerpt: ... Cab Co., Inc., and United Independent Taxi Drivers, Inc. The Complaint asserts causes of action for (1) battery, (2) negligence, and (3) negligent hiring, supervision, and retention. On September 3, 2019, Defendant Beverly Hills Transit Cooperative, Inc. (“BHC”), erroneously sued as Beverly Hills Cab Co., Inc., filed an answer to the Complaint. On July 19, 2019, Plaintiff filed an amendment to the Complaint naming L.A. Checker Cab Company, I...

Excerpt: ...uary 28, 2021 against Defendant General Motors, LLC (“GM”). Plaintiff alleges that her 2019 Chevrolet Silverado (“Subject Vehicle”) suffered from various defects, including but not limited to a defective transmission system, defective engine/exhaust, defective ignition system, defective body system, and defective mechanical system. (Compl., ¶¶ 6, 12.) On May 21, 2021, Plaintiff served GM with Requests for Production of Documents, Set On...

Excerpt: ... this action on April 20, 2018 against Defendants County of Los Angeles (“County”), Leana Anderson (“Anderson”), Mireya Gurrola (“Gurrola”), Bertha Gutierrez (“Gutierrez”), and Renee Crenshaw (“Crenshaw”).[1] The operative Second Amended Complaint (“SAC”) was filed on February 25, 2019. Tolano's claims arise from his employment with the County at Rancho Los Amigos County Hospital. Tolano alleges that he was subjected to un...

Excerpt: ...any (“Monster”). The Complaint asserts causes of action for (1) disability discrimination, (2) failure to engage in the interactive process, (3) failure to provide reasonable accommodations, (4) failure to prevent discrimination, and (5) wrongful termination in violation of public policy. Monster now moves for summary adjudication as to Plaintiff's clam for punitive damages. Plaintiff opposes. Evidence The Court rules on Plaintiff's evidentia...

Excerpt: ...ocacy Group, Inc. (“CAG”) seeks to consolidate the instant case with Consumer Advocacy Group, Inc. v. Mojave Foods Corporation, et al., Case No. 20STCV23202 (“the 2020 Case”). The instant matter and the 2020 Case were related pursuant to this Court's September 25, 2020 order. CAG now moves to consolidate on the grounds that the instant case and the 2020 Case concern common questions of law and fact, with common defendants, and that consol...

Excerpt: ...��) filed a “Petition for Order From Relief From Claim Statute” (“Petition”) in this action against the County of Los Angeles (“County”) and the Los Angeles County Sheriff's Department (“LASD”), (jointly “Respondents”). Default on the Petition was entered against LASD on September 8, 2021. Default on the Petition was entered against the County on September 23, 2021. The County (erroneously sued as Los Angeles County Sheriff's ...

Excerpt: ...January 26, 2018 against Defendants Toyota Motor North America, Inc. and The Anschutz Corporation, asserting causes of action for premises liability and general negligence. Fowkes alleges that he fell to the ground and sustained injuries while attempting to sit on a suspended motorcycle during an automobile exhibition at the Los Angeles Convention Center. (Complaint, pp. 4-5.) Fowkes asserts that members of the public were invited to sit on the m...

Excerpt: ...CODE OF CIVIL PROCEDURE § 473; OR FOR RECONSIDERATION Background Plaintiff Haya Zoubi (“Zoubi”) filed this action on February 4, 2021 against Defendants Larissa Apts, LLC and Russell Berney (jointly, “Defendants”). The Complaint asserts causes of action for (1) violation of Cal. Civ. Code § 1924.4 – Statutory Breach of the Warranty of Habitability, (2) tortious and contractual breach of the warranty of habitability, (3) private nuisan...

Excerpt: ...y 19, 2021, against Defendants Fountain View Subacute and Nursing Center, LLC (“Fountain View”), Genesis Healthcare, Inc., Genesis Healthcare, LLC, GHC Payroll, LLC, Genesis Administrative Services, LLC, New Generation Health, LLC, and Christian Urbina (collectively, “Defendants”). Defendants now move for an order compelling Plaintiff to resolve the instant matter through arbitration and also move to stay this action until arbitration is ...

Excerpt: ...rdian ad litem, Paola Mejia, Noe Reyes Lopez, and Paola Mejia (collectively, “Plaintiffs”) filed this action on November 16, 2018 against Defendants Joe Oroñoz and Sarah Oroñoz (the “Oroñozes”). On February 13, 2019, Plaintiffs filed an amendment to the Complaint naming PI Properties No. 79, LLC (“PI Properties”) in place of “Doe 21.” The operative Third Amended Complaint (“TAC”) was filed on June 26, 2020, and asserts caus...

Excerpt: ...NTS AND RELATED CROSS-ACTION Background On October 7, 2019, Plaintiff Liza Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC, First Access Entertainment Limited (“FAE Limited”), the HYV, LLC, HYV Access, LLC, Bryant “Chase” Ortega (“Ortega”), and Belinda Mercer. The operative Second Amended Complaint (“SAC”) w...

Excerpt: ...ounty of Los Angeles (“County”). The Complaint asserts causes of action for discrimination on the basis of color and/or race, harassment on the basis of color and/or race, retaliation, and failure to prevent discrimination, harassment, and/or retaliation. Plaintiff now moves for an order directing the County to produce certain records as well as responses to written discovery propounded by Plaintiff. Plaintiff also seeks monetary sanctions ag...

Excerpt: ...athryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC (“HYV Access”), Bryant “Chase” Ortega (“Ortega”), and Belinda Mercer (“Mercer”). The operative Second Amended Complaint (“SAC”) was filed o...

Excerpt: ...tal LLC (“BWC”), BWC GP, LLC (“BWC/GP”), BWC/St. Andrews L.P. (“BWC/SA”), and BWC/Hill Street L.P. (“BWC/HS”) (collectively, “Plaintiffs”) filed this action on May 13, 2021 against defendants Matthew Rosenberg (“Rosenberg”), M-RAD Inc. dba M-Rad Architecture (“M-Rad”), and Tina Hovsepian (“Hovsepian”). The Complaint asserts causes of action for (1) rescission and restitution, (2) fraud, (3) negligence per se, (4) n...

Excerpt: ...ate of Zelalem Eshetu Ewnetu (the “Estate”), Abebech Tsegaye Mamo, individually and as Successor in Interest to the Estate (“Mamo”), Seble Zeleke, individually and as Successor in Interest to the Estate, Sewunet Ewnetu, individually and as Successor in Interest to the Estate, and Alemshet Tsegaye, individually and as Successor in Interest to the Estate filed this action on April 12, 2018 against the County of Los Angeles (“County”) an...

Excerpt: ... Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC (“HYV Access”), Bryant “Chase” Ortega (“Ortega”), and Belinda Mercer (“Mercer”). The operative Second Amended Complaint (“SAC”) was filed...

Excerpt: ...a Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC (“HYV Access”), Bryant “Chase” Ortega (“Ortega”), and Belinda Mercer (“Mercer”). The operative Second Amended Complaint (“SAC”) was file...

Excerpt: ...Plaintiff Liza Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC (“HYV Access”), Bryant “Chase” Ortega (“Ortega”), and Belinda Mercer (“Mercer”). The operative Second Amended Complaint (“SAC...

Excerpt: ...r penalties under the Private Attorneys General Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”) (jointly, “Defendants”). In her Complaint, Gutierrez asserted causes of action for violations of the Labor Code, including failure to pay minimum wage, failure to pay overtime, meal and rest break violations, and failure to pay other wages on behalf of herself and on behalf ...

Excerpt: ...intiff”) filed this action on July 10, 2019 against Defendants Beverly Hills Cab Co., Inc., and United Independent Taxi Drivers, Inc. The Complaint asserts causes of action for (1) battery, (2) negligence, and (3) negligent hiring, supervision, and retention. On July 19, 2019, Plaintiff filed an amendment to the Complaint naming L.A. Checker Cab Company, Inc. in place of “Doe 1.” On July 22, 2020, dismissal was entered as to Defendant Unite...

Excerpt: ... Background Plaintiffs Estate of Zelalem Eshetu Ewnetu and Abebech Tsegaye Mamo, individually and as Successor in Interest to the Estate of Zelalem Eshetu Ewnetu (collectively, “Plaintiffs”) filed this action on April 12, 2018, against the County of Los Angeles, the Los Angeles County Sheriff's Department (“LASD”), Deputy Timothy Gannon (“Gannon”), Deputy Shane Lattuca (“Lattuca”), Deputy Timothy Hauser (“Hauser”) (sued as Dep...

Excerpt: ...e No. 20STUD04270, and 1115 N. Madison Avenue LLC v. Ana Mara Garcia aka Ana Maria Estrada, Case No. 20STUD04172 (the “Unlawful Detainer Actions”). [1] On October 27, 2021, the Court found that the instant case and Case No. 20STUD04270 are not related within the meaning of California Rules of Court, rule 3.300(a) . The Complaint in the instant case was filed on March 4, 2021, against defendants Leslie Herrera, Guillermo Garcia, Ana Maria Garc...

Excerpt: ...ndant Mokhim Rasooli (“Rasooli”) on August 5, 2020. On August 5, 2020, Rasooli also filed a “Notice of Chapter 11 Bankruptcy Case and Bankruptcy Stay Pursuant to 11 U.S.C. § 362(a) and Request for Waiver of Bond Requirements for Appeal of Labor Commissioner's Oder, Decision, or Award.” Thereafter, Rasooli's Chapter 11 Bankruptcy case was dismissed. (Hernandez Decl., ¶ 7, Ex. 5.) Respondent and Plaintiff Uatesoni Felila (“Felila”) no...

Excerpt: ...May 16, 2019, against, among others, Defendants Dayan Property Services, LLC (“DPS”), Fortuna Asset Management Inc. (“Fortuna”), and 2222 South Figueroa, LLC (“Figueroa”) (collectively, “Defendants”). On September 14, 2021, Plaintiff served Defendants with notices to appear and produce documents at trial. (Mozaffari Decl., ¶ 3, Exs. A-C.) On September 17, 2021, Defendants served objections to Plaintiff's notices to appear and pro...

Excerpt: ... (“Kaur”), Bola Properties, LLC (“Bola”), Jasmine Enterprises, Inc. (“Jasmine”), and India's Grill, Inc. (collectively, “Plaintiffs”) on August 22, 2013. On July 23, 2014, Plaintiffs filed the operative First Amended Complaint (“FAC”), which alleged twelve causes of action, including legal malpractice, breach of contract, and breach of fiduciary duty. On August 29, 2014, Defendant Christian S. Molnar (“Molnar”) Molnar file...

Excerpt: ...surance Company (“Commonwealth”) filed this action on July 18, 2019 against Defendants DAHC Everett Development, LLC (“DAHC”) and Edna M. Boyer aka Edna M. Boyer Clardy aka Edna B. Clardy (“Boyer”). On August 5, 2020, Plaintiff filed amendments to the Complaint naming Chad Johnson and Farrah Johnson in place of Doe defendants. In the Complaint, Commonwealth alleges that it issued a title insurance policy to Erika Hubbard (“Hubbard�...

Excerpt: ...r 8, 2017. Plaintiff was 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 Complaint asserts statutory FEHA causes of action for harassment based on race, national origin, and/or ancestry, discrimination based on race, national origin, and/or ancestry, and failure to prevent discrimination and/or harassment based upon race, national origin an...

Excerpt: ...Motor of America, Inc. (“MMA”). On October 9, 2020, Plaintiff filed amendments to the complaint naming Mazda Motor Corporation (“MMC”) and Mazda North American Operations (“MNAO”) in place of Doe defendants. MMA, MMC, and MNAO are referred to collectively herein as “Defendants.” Plaintiff now moves for leave to file a First Amended Complaint to add a cause of action for fraud, and a prayer for damages according to proof and for pu...

Excerpt: ...ROSS‐ACTION PLAINTIFFS ROBERT YU AND MINGHUI HUANG'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET NO. ONE, AND REQUEST FOR MONETARY SANCTIONS Background On December 11, 2019, Plaintiffs Robert Yu and Minghui Huang (jointly, “Plaintiffs”) filed this action. The operative First Amended Complaint (“FAC”) was filed on June 17, 2020 and asserts causes of action for (1) breach of written contract for sale of ...

Excerpt: ...s filed on October 13, 2020. On December 9, 2020, Plaintiff filed an amendment to the complaint naming Danco, Inc. (“Danco”) in place of a Doe defendant. Default on the SAC was entered against Danco on June 29, 2021. Danco now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b) . The motion is unopposed. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “T...

Excerpt: ...ff Liza Kathryn Womack, individually, and as Administrator of the Estate of Gustav Elijah Ahr (“Plaintiff”) filed this action against, inter alia, Defendants First Access Entertainment, LLC (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), and Belinda Mercer (“Mercer”) (collectively referred to herein as the “First Access Defendants”). The operative Second Amended Complaint (“SAC”) was filed on July 27, 2020...

Excerpt: ...nst Defendants White Memorial Medical Center (“WMMC”), Adventist Health System/West (“Adventist”), and Victory Emergency Physicians Medical Group, Inc. (“Victory”). The operative Second Amended Complaint (“SAC”) was filed on August 20, 2020, and asserts causes of action for (1) violation of constitutional due process, (2) violation of right to fair procedure, (3) violation of Business and Professions Code section 809, (4) breach o...

Excerpt: ...”) filed this action on March 29, 2021 against Defendants Jian Wei Deng aka Jim Deng (“Deng”) and Helen Deng. On July 21, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) against Jim Deng, asserting causes of action for (1) breach of construction contract, (2) breach of design contract, (3) unjust enrichment, and (4) breach of the covenant of good faith and fair dealing. Plaintiff alleges that on or about April 26, 20...

Excerpt: ...ange (“Plaintiff”) filed this employment action on March 7, 2018 against Defendant Monster Energy Company (“Defendant”). Defendant now moves to file under seal Exhibits 79 and 86-91 (“Subject Exhibits”) attached to Plaintiff's compendium of exhibits in support of Plaintiff's opposition to Defendant's motion for summary adjudication. The motion is unopposed. Discussion Generally, court records are presumed to be open unless confidentia...

Excerpt: ...NS OF PLAINTIFFS' COMPLAINT Background Plaintiffs Armen Temurian and Luis Amaya, individually, dba Vista Network Technologies USA, and as Vista Network (jointly, “Plaintiffs”) filed this action on February 18, 2021 against Defendants Sathiya Araj Rasiah, aka Raj Milton, aka Milton Rasiah (“Milton”), Ask Milton Group, George Akopian (“Akopian”), and Raju Rasiah (“Rasiah”). The Complaint asserts causes of action for (1) breach of co...

Excerpt: ...fendant”) for possession of personal property. Plaintiff seeks to “recover possession, custody and control” of a rescue dog named Bear (“Bear”). (Complaint at p. 1:21‐23.) Plaintiff alleges Defendant breached an adoption agreement pertaining to Bear. On February 8, 2021, Plaintiff, in pro per, filed the instant “Motion to Return Persona [sic] Property (Dog Named Bear)”, seeking a court order directing Defendant to return Bear to P...

Excerpt: ...aintiffs Bow-West Capital LLC (“BWC”), BWC GP, LLC (“BWC/GP”), BWC/St. Andrews L.P. (“BWC/SA”), and BWC/Hill Street L.P. (“BWC/HS”) (collectively, “Plaintiffs”) filed this action on May 13, 2021 against defendants Matthew Rosenberg (“Rosenberg”), M-RAD Inc. dba M-Rad Architecture (“M-Rad”), and Tina Hovsepian. The Complaint asserts causes of action for (1) rescission and restitution, (2) fraud, (3) negligence per se, (...

Excerpt: ... DIANA GONZALEZ RUIZ'S MOTION TO STRIKE PORTIONS OF THE CROSS- COMPLAINT AND RELATED CROSS-ACTIONS Background Plaintiffs Claudia V. Gonzalez Ruiz, Carolina G. Ruiz, and Diana Gonzalez Ruiz filed this action on February 3, 2021, against Defendant Neomie F. Hernandez, an individual, and dba Exclusive Tax Service. On March 26, 2021, Neomie F. Hernandez dba Exclusive Tax Service (“Cross- Complainant”) filed a Cross-Complaint against Claudia V. Go...

Excerpt: ...ober 4, 2019, alleging causes of action for (1) failure to pay minimum wage (Cal Lab. Code § 1197), (2) failure to compensate for all hours worked (Cal. Lab. Code § 1198), (3) failure to pay overtime compensation (Cal. Lab. Code § 1198), (4) failure to pay meal period compensation (Cal. Lab. Code § 226.7), (5) failure to pay rest period compensation (Cal. Lab. Code § 226.7), (6) failure to furnish accurate wage and hour statements (Cal. Lab....

Excerpt: ...y “Defendants.” The Complaint asserts three causes of action for (1) violation of the Song-Beverly Act – breach of express warranty, (2) violation of the Song-Beverly Act – breach of implied warranty, and (3) negligent repair, arising out of the purchase of a 2016 Jeep Cherokee (the “Subject Vehicle”). Defendants move the Court for an order compelling Plaintiff to arbitrate her claims against Defendants, and for the Court to stay the ...

Excerpt: ...COND AMENDED COMPLAINT Background Plaintiff Andrew Milder (“Plaintiff”) filed this action against Defendants ADR Services, Inc. (“ADR Services”), Lucie Barron (erroneously sued as Luci Baron) (“Barron”), and Michael Marcus (“Marcus”), collectively (“Defendants”) on October 19, 2020. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. unfair competition in violation of Business and Professions Co...

Excerpt: ...1, against Defendant Franchise Tax Board of the State of California. Plaintiff's Complaint alleges a single cause of action for violation of Cal. Const., art. II, § 8(d), commonly known as the “single subject rule.” Plaintiff's action arises from the alleged invalidity of the Clean Energy Jobs Act, submitted to the voters of California as a ballot initiative numbered “Proposition 39.” (Compl., ¶ 2.) Plaintiff alleges that Proposition 39...

Excerpt: ...ation on the basis of race; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) disability discrimination. Defendant Paramount Unified School District now moves for judgment on the pleadings as to each cause of action in the Complaint. Plaintiff opposes.[1] Request for Judicial Notice The Court grants Defendant's request for judicial notice in its entirety. Legal Standard A motion for judgment on t...

Excerpt: ...RST AMENDED CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On May 28, 2020, Plaintiffs Dro Shademany (“Shademany”) and Karineh Margosian (“Margosian”) (jointly, “Plaintiffs”) filed the instant action against Defendants Edgar Karoyan (“Karoyan”), individually and in his capacity as trustee of the Edgar Karoyan Living Trust UTD September 10, 2018, and Rina Agajanyan (“Agajanyan”) (jointly, “Defendants”). On May 5, 2021,...

Excerpt: ...ONSES AND DOCUMENTS TO SECOND SET OF REQUESTS FOR PRODUCTION NO. 101; REQUEST FOR MONETARY SANCTIONS Background On March 7, 2018, Plaintiff Gerald Lange filed the complaint in this action (“Complaint”) against Defendant Monster Energy Company, wherein Plaintiff asserts causes of action for: (1) Disability Discrimination; (2) Failure to Engage in the Interactive Process; (3) Failure to Provide Reasonable Accommodations; (4) Failure to Prevent ...

Excerpt: ... University Park Healthcare Center on September 1, 2020. On November 19, 2020, Plaintiff filed a First Amended Complaint against Defendant asserting a cause of action under the Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff and Defendant have reached a settlement of the PAGA claim. Plaintiff now moves for court approval of the settlement. The motion is unopposed. Discussion A superior court must “review and approve any...

Excerpt: ...eeking a refund of property taxes paid. Plaintiff now moves for an order permitting Plaintiff to file under seal the complete, unredacted version of the administrative record (the “Administrative Record”) of the property tax assessment appeal proceedings that are under review in this action . The motion is unopposed . Discussion Generally, court records are presumed to be open unless confidentiality is required by law. (( Cal. Rules of Court,...

Excerpt: ...ing and Finishing aka Mora's Cutting and Sewing (“Mora's”) and Joel Rico (“Rico”). The Complaint asserts causes of action for breach of contract, conversion, and violation of Business and Professions Code section 17200 . On September 22, 2021, JNS filed a motion for leave to file a first amended complaint to add a cause of action for fraud, to dismiss the second and third causes of action for conversion and violation of Business and Profe...

Excerpt: ...��Plaintiffs”) was filed on January 31, 2019. Plaintiffs allege that Defendants Rebecca Gallardo, Rosa Iselia Villalobos (“Villalobos”), Arturo Villalobos (deceased), and Johnny Marshall Perez fraudulently transferred Jesus Perez's interest in certain real property located at 1419 W. 105th Street, Los Angeles, California 90047 and 1425 W. 105th Street, Los Angeles, California 90045 (the “Subject Property”) to themselves by forging his s...

Excerpt: ...ba Clean Sweep LA (“Abishai”) and ADP Total Source DE IV, Inc. (jointly, “Defendants”). Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendants on January 14, 2021. Default was entered against Abishai on June 2, 2021. Plaintiffs then requested entry of default judgment against Abishai, which was denied by the court without prejudice on September 22, 2021. An Order to Show Cause Re: Entry of Default Judgment i...

Excerpt: ...D PETER KWONG'S DEMURRER TO COMPLAINT B. DEFENDANTS BEST WESTERN INTERNATIONAL, INC., BEST WESTERN PLUS DRAGON GATE INN, KWONG, INC., AND PETER KWONG'S MOTION TO STRIKE PORTIONS OF COMPLAINT Background Plaintiff Etta Armstrong filed this action on May 8, 2019, against Defendants Best Western International, Inc., Best Western Plus Dragon Gate Inn, Kwong, Inc., and Peter Kwong (collectively, “Defendants”). Plaintiff alleges she sustained person...

Excerpt: ...nst Defendants Farmers Insurance Company, Inc. (“Farmers”), Fire Insurance Exchange (“FIE”), Stacy Chern Insurance Agency (“Chern Insurance”), and Stacy Chern (“Chern”). On January 28, 2021, Chang, Lo, and Wild Chang, Jr. (“Chang, Jr.”) (collectively, “Plaintiffs”) filed the second action against Farmers, FIE, Chern, and Woolls Peer Dollinger & Scher (“WPDS”) (collectively, “Defendants”). The two cases were subsequ...

Excerpt: ...FF'S SECOND AMENDED COMPLAINT Background Plaintiff David F. Schmidt filed this action on July 13, 2020, against Defendants County of Los Angeles, Jeffrey Prang, Arlene Barrera, and Dean C. Logan (collectively, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on June 1, 2021. The SAC alleges causes of action for (1) declaratory and injunctive relief; (2) common count – money; (3) tax refund action; and (4) writ of ...

Excerpt: ...�Welch”), and Daijon Carcamo (“Carcamo”) (collectively, “Plaintiffs”) filed this action against Defendants Ana Ward (“Ward”), HDSI Management, Inc. (“HDSI”), Walton Halad Company Two, LLC (“Walton”), and Kimball, Tirey & St. John LLP (“KTS”). On March 15, 2021, the Court issued an order granting in part Defendants' special motion to strike the Complaint pursuant to Code of Civil Procedure section 425.16 . Defendants Ward...

Excerpt: ...laintiffs Wild Chang and Kenneth Lo filed the lead action against Defendants Farmers Insurance Company, Inc. (“Farmers”), Fire Insurance Exchange (“FIE”), Stacy Chern Insurance Agency (“Chern Insurance”), and Stacy Chern (“Chern”). On January 28, 2021, Plaintiffs Wild Chang, Kenneth Lo, and Wild Chang, Jr. filed the second action against Farmers, FIE, Chern, and Woolls Peer Dollinger & Scher (“WPDS”) (collectively, “Defendan...

Excerpt: ...”) filed this Lemon Law action on March 19, 2021, against Defendants BMW of North America, LLC (“BMW”) and SAI Long Beach C, Inc. dba Long Beach BMW (“SAI”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the Song-Beverly Act against BMW and a cause of action for negligent repair against SAI arising out of the lease and subsequent purchase of a 2017 BMW 430GC (the “Subject Vehicle”). BMW now mov...

Excerpt: ...gs this demurrer to the sixth cause of action for fraudulent inducement-concealment of the First Amended Complaint (“FAC”) of Plaintiff Jae Han Lee. Honda also moves to strike certain allegations from the FAC. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable . (( Blank v. Kirwan (1985) 39 ...

Excerpt: ...n behalf of themselves and all others similarly situated, move for an order granting final approval of the class action settlement entered into with Defendant Penhall Company (“Penhall”). The motion is unopposed. Discussion 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 ...

Excerpt: ...d Plaintiff Candy Lopez moves for an order quashing (1) the subpoena duces tecum to the Custodian of Records for NSI Investigations, and (2) the subpoena to the Person(s) Most Knowledgeable of NSI Investigations propounded by Defendant United Parcel Service, Inc. (“UPS”). In the subpoenas, UPS seeks (1) Plaintiff's entire file kept by NSI Investigations, (2) all of NSI Investigations' communications with any persons or organizations regarding...

Excerpt: ...(2) REQUESTS FOR ADMISSION, SET ONE, AND (3) REQUESTS FOR PRODUCTION, SET ONE AND REQUEST FOR MONETARY SANCTIONS Background On February 20, 2020, Plaintiff Israel Sam Gorodistian filed this action against Defendants Jadelle Jewelry and Diamonds, LLC (“Jadelle LLC”), Jadelle Inc. (“Jadelle”), Jona Rechnitz (“Jona”), Rachel Rechnitz (“Rachel”), and Robert Rechnitz (“Robert”). Plaintiff asserts causes of action for conversion, ci...

Excerpt: ...MPLAINT (2) DEFENDANTS' JOINT DEMURRER TO PLAINTIFFS' SECOND AMENDED COMPLAINT; DEFENDANTS' MOTION TO STRIKE ATTORNEYS' FEE ALLEGATIONS FROM THE SECOND AMENDED COMPLAINT; (3) DEMURRER TO SECOND AMENDED COMPLAINT Background Plaintiffs Steven Katleman and Janet Katleman commenced this action on October 21, 2020 against various defendants. Plaintiffs filed the operative Second Amended Complaint (“SAC”) on May 7, 2021, asserting causes of action ...

Excerpt: ...) IMPOSING MONETARY SANCTIONS OF $5,890.40 AGAINST DEFENDANT ROSA BRAVO; MOTION FOR AN ORDER (i) COMPELLING RESPONSES TO SPECIAL INTERROGATORIES PROPOUNDED ON DEFENDANT ROSA BRAVO; OR (ii) COMPELLING FURTHER RESPONSES; AND (iii) DEEMING OBJECTIONS INVALID; AND (iv) IMPOSING MONETARY SANCTIONS OF $5,890.40 AGAINST DEFENDANT ROSA BRAVO; MOTION FOR AN ORDER (i) COMPELLING RESPONSES TO FORM INTERROGATORIES PROPOUNDED ON DEFENDANT ROSA BRAVO; OR (ii) ...

Excerpt: ... Property Trust Dated November 8, 2002 filed this action on October 8, 2020 against, inter alia, Orange Coast Title Company (“OCTC”). The Complaint asserts causes of action for fraud, cancellation of deed, quiet title and negligence, of which only the negligence cause of action is asserted against OCTC. OCTC now moves for judgment on the pleadings as to the fourth cause of action for negligence. Plaintiff opposes the motion. Legal Standard A ...

Excerpt: ...S' FIRST AMENDED COMPLAINT Background On February 16, 2021, Plaintiffs Jacquelyn Armstrong, Philip J. Bentley, Maria Dolores Petersen, and David J. Pope filed this action against, among others, Defendants Jerome Nash and Golden State Landmark. The operative First Amended Complaint (“FAC”) was filed on March 23, 2021, and asserts causes of action for (1)-(4) breach of lease, (5) tortious breach of implied warranty of habitability, (6) breach o...

Excerpt: ...ch 23, 2018, Plaintiff Candy Lopez (“Lopez”) filed this employment action against Defendants United Parcel Service, Inc. (“UPS”) and Ryan Quon (“Quon”) asserting, among other claims, violations of FEHA, stemming from allegations that Quon, Lopez's supervisor at UPS, sexually harassed her and threatened her with violence. On October 23, 2019, the Court granted UPS's motion to bifurcate trial into liability and punitive damages phases s...

Excerpt: ...t Defendant J.P. Morgan Chase Bank, N.A. dba Chase Bank. The Complaint asserts causes of action for (1) breach of contract, (2) common counts, and (3) discrimination. Defendant now moves pursuant to Code of Civil Procedure section 391 for an order declaring Plaintiff a vexatious litigant and requiring Plaintiff to furnish a security as a prerequisite to pursuing this case. No timely opposition was filed.[1] Request for Judicial Notice The Court g...

Excerpt: ...e, LLC and McKay Whiting (jointly, “Defendants”). Defendants now demur to the Complaint on the basis that it fails to state facts sufficient to constitute a cause of action and that it is uncertain. The demurrer is unopposed. Request for Judicial Notice The Court grants Defendants' request for judicial notice in its entirety. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or fr...

Excerpt: ...ust and The Raymond Shofler IRA (collectively, “Plaintiffs”) filed this 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 that Defendants made false representations regarding certain investment opportunities. The operative Fourth Amended Complaint (“4AC”) was filed on August 20, 2020, and...

Excerpt: ...this action for quiet title and for cancellation of recorded instruments against a number of defendants alleging real estate fraud. On December 30, 2020, Plaintiff filed 14 applications for publication of the summons. (Cuaso Decl., ¶ 4.) Each application pertained to a deceased individual or the heirs of the deceased individuals. (Cuaso Decl., ¶ 4.) The applications as to the deceased individuals' heirs were granted, but the application as to t...

Excerpt: ...) and Jesus Garza Perez (“Jesus Perez”) (jointly, “Plaintiffs”) was filed on January 31, 2019. Plaintiffs allege that Defendants Rebecca Gallardo, Rosa Iselia Villalobos (“Villalobos”), Arturo Villalobos (deceased), and Johnny Marshall Perez fraudulently transferred Jesus Perez's interest in certain real property located at 1419 W. 105th Street, Los Angeles, California 90047 and 1425 W. 105th Street, Los Angeles, California 90045 (the...

Excerpt: ...y Insurance Services Inc. (“All Century”). The operative First Amended Complaint (“FAC”) was filed on June 21, 2019 and asserts causes of action for (1) involuntary dissolution, (2) accounting, and (3) declaratory and injunctive relief.[1] In the FAC, Plaintiff alleges that he and Susan Smukler (“Smukler”) were 50% shareholders in All Century at the time of inception, presumably in or about 2005. (FAC, ¶¶ 3, 9.) On November 16, 2016...

Excerpt: ...ckground Plaintiff Jesus Nava filed this action on June 17, 2019, against Defendants Ask Marine, Inc. (“Ask Marine”) and Etsuko Amagasa (“Amagasa”) (jointly, “Defendants”), alleging claims for discrimination, harassment, retaliation, failure to pay wages, failure to accommodate, failure to engage in the interactive process, wrongful termination, and negligent infliction of emotional distress. The asserted bases for the discrimination ...

Excerpt: ...t action against Defendants Harris Stationers Inc. (“Harris Stationers”) and Modern HR, Inc. (“Modern HR”) (jointly, “Defendants”) on February 2, 2021. In the Complaint, Plaintiff asserts causes of action for discrimination, retaliation, failure to prevent discrimination and/or retaliation, failure to accommodate, and failure to engage in the interactive process. Defendants now move to compel arbitration of all of Plaintiff's claims a...

Excerpt: ...arbara”), individually and on behalf of The Raymond and Barbara Shofler Family Trust and The Raymond Shofler IRA filed this action against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) alleging that Defendants made false representations regarding certain investment opportunities. The operative Fourth Amended Complaint (“4AC”) was filed on Augu...

Excerpt: ...his action on July 6, 2020 against Defendants Arvind Doshi, Paras Doshi, Tejas Doshi, and Doshi Investments. The operative First Amended Complaint (“FAC”) was filed on April 8, 2021, and asserts causes of action for (1) usury, (2) common counts, (3) violation of California Finance Code Section 22750, and (4) unfair competition in violation of Business & Professions Code Section 17200. Defendants now move for an order imposing monetary sanctio...

Excerpt: ...r 7 Trustee (the “Trustee”), filed this Complaint in Interpleader on November 4, 2016. The Complaint alleges that on July 29, 2014, Debtor Banning at 8 th Street, LLC (“Debtor”) commenced a voluntary Chapter 7 petition in the U.S. Bankruptcy Court. Todd Frealy was appointed the Chapter 7 Bankruptcy Trustee. At the time of the bankruptcy filing, Debtor owned real property located at 806 and 860 Ramsey Street in Banning, California (the “...

Excerpt: ...er") filed this eminent domain action on August.4, 2017 against Defendants City of Compton (the "City") and Victor Orozco ("Orozco"). The operative Second Amended Complaint (“SAC”) adds JCJ Corporation (“JCJ”) as a plaintiff and was filed on May 6, 2019. The lawsuit arises out of the shutdown by the City of the marijuana dispensary named Compton Chronic owned by JCJ and operated by Fletcher and Miller. Orozco is alleged to be an employee ...

Excerpt: ...pril 20, 2021, against Defendants FCA US, LLC (“FCA”) and Bravo Chrysler Dodge Jeep Ram of Alhambra (“Bravo”). The Complaint asserts causes of action for statutory violations, breaches of warranty, and fraudulent concealment against FCA and a cause of action for negligent repair against Bravo arising out of the purchase of a 2018 Chrysler Pacifica (the “Subject Vehicle”). Defendants now move to compel arbitration of all of Plaintiff's...

Excerpt: ... MOTION AND COMPLETION OF ARBITRATION Background Plaintiff Rosa Lilian Padilla Ayala filed this employment action against Defendants Teledyne Defense Electronics, d/b/a Teledyne Relays (“TDE”) and Veronica Clauson[1] (“Clauson”) on November 12, 2020. In the Complaint, Plaintiff asserts causes of action for discrimination, harassment, retaliation, failure to prevent discrimination, harassment, and retaliation, declaratory judgment, and wro...

Excerpt: ...a Gurrola (“Gurrola”), and Bertha Gutierrez (collectively, “Defendants”)[1] on April 20, 2018. The operative Second Amended Complaint (“SAC”) was filed on February 25, 2019, and asserts causes of action for violations of FEHA (discrimination, harassment, and retaliation on the basis of actual/perceived disability and also discrimination, harassment, and retaliation on the basis of race/national origin), violation of CFRA, failure to e...

Excerpt: ...MENDED COMPLAINT AND RELATED CROSS‐ACTION Background On April 24, 2020, Plaintiffs Noel C. McDaid, Eileen McDaid, Jon Wesley Christensen, Hanne Jo Christensen, Kalista Grace Base, and Kendra Georgeann Base (collectively, “Plaintiffs”) filed this action against various defendants, including Defendant LifePro Financial Services, Inc. (“LifePro”). The operative Third Amended Complaint (“TAC”) was filed on March 11, 2021, and asserts ca...

Excerpt: ...nd Vivian Meng filed this action on June 21, 2019. The operative Second Amended Complaint (“SAC”) was filed on March 24, 2021. The SAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) breach of fiduciary duty, (5) violation of Business and Professions Code section 7160, (6) aiding and abetting unlicensed contracting, (7) conversion, (8) restitution, and (9) rescission. Defendants L...

Excerpt: ...otor of America, Inc. (“MMA”). On October 9, 2020, Plaintiff filed amendments to the complaint naming Mazda Motor Corporation (“MMC”) and Mazda North American Operations (“MNAO”) in place of Doe defendants. On January 15, 2021, Plaintiff filed Proofs of Service of Summons indicating that the agent for service of process for MMC and MNAO (CT Corporation Systems) had been served by personal service on November 10, 2020. Default was ente...

Excerpt: ...017, Plaintiffs filed this employment action against various defendants. The operative First Amended Complaint (“FAC”) was filed on November 22, 2017, and asserts causes of action for various Labor Code violations (failure to pay overtime, failure to provide meal and rest breaks, failure to pay wages, failure to reimburse expenses), for FEHA violations (discrimination, failure to prevent discrimination, and harassment), breach of contract, fr...

Excerpt: ...EU, INC. AND IMPOSITION OF AN AWARD OF ATTORNEY FEES AGAINST ALL DEFENDANTS, JOINTLY AND SEVERALLY, OR ALTERNATIVELY, FOR AN ORDER TO SET ASIDE THE MAY 25, 2021 ORDER PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 473 MOTION FOR SANCTIONS RE VIOLATION OF THE COURT'S MAY 25, 2021 ORDER; REQUEST FOR AN AWARD OF ATTORNEY'S FEES AND COSTS Background Plaintiff Kenneth Wengrod (“Plaintiff”), as trustee of the Manhattan Trust, derivatively, on be...

Excerpt: ...estments. The operative First Amended Complaint (“FAC”) was filed on April 8, 2021, and asserts causes of action for (1) usury, (2) common counts, (3) violation of California Finance Code Section 22750, and (4) unfair competition in violation of Business & Professions Code Section 17200. Defendants Arvind Doshi (“Arvind”), Paras Doshi, and Tejas Doshi filed a demurer to each cause of the action on the basis that each fails to state facts ...

Excerpt: ...IRST AMENDED COMPLAINT Background On October 28, 2019, Plaintiffs Willie F. McMullen, Jr. (“McMullen”), Deanna Welch (“Welch”), and Daijon Carcamo (“Carcamo”) (collectively, “Plaintiffs”) filed this action against Defendants Ana Ward (“Ward”), HDSI Management, Inc. (“HDSI”), Walton Halad Company Two, LLC (“Walton”), and Kimball, Tirey & St. John LLP (“KTS”) (collectively, “Defendants”). The Complaint asserted c...

Excerpt: ...fendants White Memorial Medical Center (“WMMC”), Adventist Health System/West (“Adventist”), and Victory Emergency Physicians Medical Group, Inc. (“Victory”). The operative Second Amended Complaint (“SAC”) was filed on August 20, 2020, and asserts causes of action for (1) violation of constitutional due process, (2) violation of right to fair procedure, (3) violation of Business and Professions Code section 809 , (4) breach of con...

Excerpt: ...is demurrer to the sixth cause of action for fraudulent inducement-concealment of the First Amended Complaint (“FAC”) of Plaintiff Leah Alvarado. Honda also moves to strike the fraud and duty allegations as well as the punitive damages claim from the FAC. Plaintiff opposes both. Discussion A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicia...

Excerpt: ...la Pachon, Rogelio Zarat, and Global Cargo & Courier, Inc. (“Global”) (collectively, “Defendants”). In the Complaint, Plaintiff alleges that on or about August 20, 2019, it entered into a Business Assets Sale Agreement (the “Sale Agreement”) whereby Defendant Paola Pachon (“Paola”), in exchange for $300,000, sold her businesses named Paramount Cargo, Paramount Express International, Inc., and Paramount Express International Freigh...