Excerpt: ...ank, N.A. as Securities Intermediary for Viva Capital 3 L.P. (“U.S. Bank”) and Viva Capital 3 L.P. (“Viva”) (jointly, “Plaintiffs”) filed this action on April 1, 2020 against Defendant Estate of Roland Glen Hoefer (the “Estate”). The operative First Amended Complaint (“FAC”) was filed on August 7, 2020. On September 14, 2020, the Estate filed a Cross-Complaint against Plaintiffs. In the FAC, Plaintiffs allege that on or about ...

Excerpt: ... AMENDED COMPLAINT; AND RELATED CROSS-ACTION Background Plaintiff Michael Russell (“Russell”) filed this action on December 12, 2018. The operative Third Amended Complaint (“TAC”) was filed on November 9, 2020. In the TAC, Russell alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Columbia Tristar Marketing Group, Inc. (“Columbia”) now demurs to the first and second c...

Excerpt: ...ive First Amended Complaint (“FAC”) was filed on September 8, 2020 and asserts twenty‐six causes of action stemming from Plaintiff's employment with Defendant. Defendant now demurs to the sixteenth (civil penalties pursuant to Labor Code section 2699), twenty‐second (negligent infliction of emotional distress), and twenty‐third (intentional infliction of emotional distress) causes of action. Plaintiff opposes. Request for Judicial Notic...

Excerpt: ...9 against Defendants Pyramid Technologies, Inc. (“Pyramid”) and Anthony Mavusi (“Mavusi”) (jointly, “Defendants”). Default was entered against Defendants on October 18, 2019, and a clerk's judgment for possession of the subject premises was issued on October 21, 2019. Defendants now move to vacate the default and the default judgment. Plaintiff opposes. Request for Judicial Notice The Court grants Defendants' request for judicial noti...

Excerpt: ...inst Defendants Greater New Bethel Baptist Church, Inc. (“Greater New Bethel”) and Earl A. Pleasant (“Pleasant”). A First Amended Complaint (“FAC”) was filed on May 19, 2016, and asserted causes of action for defamation, intentional infliction of emotional distress, negligent infliction of emotional distress, and vicarious liability. In addition to Greater New Bethel and Pleasant, the FAC also named as defendants Greater New Bethel Ba...

Excerpt: ...NDED RULINGS. THE COURT HAS SIGNED THE ORDERS TO THAT EFFECT AND ORDERED DEFENDANTS TO GIVE NOTICE. THE ORDERS WILL BE FILED AND WILL APPEAR IN THE DOCKET FOR THIS CASE WITHIN A DAY OR TWO. SECOND, THE COURT HAS REVIEWED THE CENTER OF HEALTHCARE EDUCATION CASE ATTACHED TO PLAINTIFFS' NOTICE OF RECENTLY PUBLISHED OPINION. THE COURT THANKS PLAINTIFFS FOR BRINGING THE CASE TO THE ATTENTION OF THE COURT. THE COURT HAS REVIEWED THE CASE AND DOES NOT N...

Excerpt: ...Armando Nunez (“Nunez”) filed this employment action against Defendant San Martin De Porres Medical Clinic of South Gate, Inc. (“San Martin”) on June 19, 2020. The Complaint asserts causes of action for (1) age discrimination, (2) FEHA retaliation, (3) violation of Labor Code sections 510, 1194, and 1198 (unpaid overtime) (4) violation of Labor Code section 2802 (reimbursements), (5) violation of Labor Code section 226.7 and 512 (meal and...

Excerpt: ...9 against Defendants Miguel Ruiz aka Miguel A. Ruiz (“Ruiz”) and Esmeralda Trans Inc. (“ETI”) (jointly, “Defendants”). The Complaint asserts causes of action for open book account and account stated. This is a credit card collections case, for an American Express credit card account issued to Defendants. Plaintiff now moves for summary judgment or summary adjudication on all causes of action. The motion is unopposed. Legal Standard �...

Excerpt: ...(a)(1) AND RELATED CROSS-ACTION Background On November 30, 2018, Plaintiffs Rancho Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”) for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contr...

Excerpt: ...led 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, fraud, wrongful term...

Excerpt: ...lectively, “Plaintiffs”) filed this employment action against, among others, Defendants Dexie Hong (“Hong”) and Suk Ie Kil (“Kil”) on November 22, 2019. The operative First Amended Complaint (“FAC”) was filed on January 17, 2020 and asserts causes of action for (1) discrimination in violation of Government Code § 12940, (2) retaliation in violation of Government Code § 12940, (3) failure to prevent discrimination and retaliation...

Excerpt: ..., 2019, Plaintiffs Robert Yu and Minghui Huang (jointly, “Plaintiffs”) filed this action against, among others, Henry Suarez (“Suarez”). 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 real property, (2) violation of Civil Code sections 1102 et seq., (3) violation of Civil Code sections 2079 et seq., (4) negligence, (5) fraudulent conc...

Excerpt: ...lectively, “Defendants”) move for reconsideration of a portion of the Court's September 24, 2020 order granting Defendants' motion to stay the action pending certain appeals (the “Stay Order”). In the Stay Order, the Court granted the requested stay subject to the posting of an undertaking by Defendants in the amount of $120,276.76 within 20 days of the date of the order. Defendants seek to modify the Stay Order by removing the undertakin...

Excerpt: ...STAY PROCEEDINGS AND JOINDER IN DEFENDANT KDG'S MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Background Plaintiff Dhananjay Kulkarni (“Plaintiff”) filed this employment action on June 11, 2020 against Defendants Kennard Development Group, dba KDG Construction Consulting (“KDG”) and Parsons Corporation (“Parsons”). The operative First Amended Complaint (“FAC”) was filed on August 19, 2020, and asserts causes of action for (1) ...

Excerpt: ...IKE PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT Background On August 22, 2019, Plaintiff Melvin Webb, M.D. (“Plaintiff”) filed this action against 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) vio...

Excerpt: ...ensen, Kalista Grace Base, and Kendra Georgeann Base (collectively “Plaintiffs”) filed this action on April 24, 2020 against a number of defendants. The operative First Amended Complaint (“FAC”) was filed on September 21, 2020, and asserts causes of action for (1) professional negligence, (2) breach of fiduciary duty, and (3) intentional deceit/fraud. Plaintiffs (who are three families: the McDaids, the Christensens, and the Bases) allege...

Excerpt: ... CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On March 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 December 20, 2018, Quon filed a Cross-Complaint again...

Excerpt: ...echter, as trustee of the Gerald M. Friedman Trust Dated 4/24/08 (the “Trust”) (jointly, “Plaintiffs”)[1] filed this action against various defendants, including Defendants Yossi Dina (“Dina”) and Ben Jewelry, Inc. (“Ben Jewelry”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 22, 2019, and asserts 15 causes of action for breach of written loan agreement, as well as causes of a...

Excerpt: ...OD FAITH SETTLEMENT; DEFENDANTS CEDARS-SINAI MEDICAL CENTER, SUMEET CHUGH, M.D., AND XUNZHANG WANG, M.D.'S MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT; DEFENDANTS ST. JUDE MEDICAL, LLC AND ABBOTT LABORATORIES' MOTION TO STRIKE CROSS-COMPLAINT Background Plaintiffs Delinia R. Pinzon, Anadel R. Pinzon, Irene Pinzon Santos, and Joseph Benjamin Pinzon (collectively, “Plaintiffs”) filed this action on December 26, 2017 following the death of Anasta...

Excerpt: ...efendants Baldwin, LLC (“Baldwin”) and TIFEC, LLC (“TIFEC”). TIFEC was served with the summons and Complaint on July 7, 2020. TIFEC now moves to quash the summons and the Complaint for lack of personal jurisdiction. Saeong opposes. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may ...

Excerpt: ...TRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT Background Plaintiffs Alexander Nabil Bassily and Nabil Bassily Sr. (jointly, “Plaintiffs”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) on December 4, 2019. The operative Second Amended Complaint (“SAC”) alleges causes of action for: 1. violation of subdivision (d) of Civil Code section 1793.2; 2. violation of subdivision (b) of Civil Code section 17...

Excerpt: ...omplaint (“FAC”) was filed on July 15, 2020 and asserts causes of action for (1) voidable transfer based on actual intent, (2) voidable transfer during or resulting in insolvency, (3) voidable transfer based upon lack of equivalent value, (4) fraud on creditors, (5) declaratory relief, (6) constructive trust, (7) cancellation of written instruments, (8) aiding and abetting violations of the Uniform Voidable Transactions Act, (9) Penal Code se...

Excerpt: ...he Private Attorney General Act (“PAGA”) against Defendant ACSC Management Services, Inc. (“ACSC”) and Auto Club Enterprises (“Auto Club”) (jointly, “Defendants”) on December 6, 2019. In her Complaint, Gutierrez asserts 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 o...

Excerpt: ...rnity; Gamma Tau Chapter of the Beta Theta Pi Fraternity; Alpha Nu Chapter of the Theta Xi Fraternity; and Beta Sigma Chapter of the Tau Kappa Epsilon Fraternity (collectively, “Plaintiffs”) filed this action against Defendant University of Southern California (“USC”). On November 5, 2018, USC's demurrer to Plaintiffs' Complaint was sustained without leave to amend. Plaintiffs thereafter appealed, and the Court of Appeal reversed and rema...

Excerpt: ...e of a 2013 Chevrolet Cruze (the “Subject Vehicle”). The parties settled this action on January 17, 2020, when Plaintiffs Christopher Dugger and Angela Dugger (jointly, “Plaintiffs”) accepted an offer by Defendant General Motors, LLC (“GM”) pursuant to Code of Civil Procedure section 998 in the amount of $53,000. (Barry Decl., ¶ 12, Ex. 5.) Plaintiffs now move for an award of attorney fees and costs in the total amount of $74,333.39....

Excerpt: ... amount of $833.45 pursuant to Civil Code section 1717 and Code of Civil Procedure section 1033.5. Respondent Roundhay Properties, LP (“Roundhay”) opposes. Petitioner commenced this action on October 1, 2019 to confirm an arbitration award issued on July 26, 2019 in a commercial arbitration proceeding. The award was for $468,166.50. On March 10, 2020, Petitioner filed and served an amended petition to confirm the arbitration award to reflect ...

Excerpt: ...is demurrer to the causes of action for breach of contract, breach of the covenant of good faith and fair dealing – unreasonable failure to investigate, and breach of the covenant of good faith and fair dealing – unreasonable failure to pay policy benefits as asserted in the First Amended Complaint (“FAC”) of Plaintiff Monacaro Corporation (“Plaintiff”). On May 19, 2020, Plaintiff filed its operative FAC. Plaintiff alleges that in Jun...

Excerpt: ...tiff Michael Russell (“Plaintiff”) filed this action on December 12, 2018. The operative Second Amended Complaint (“SAC”) was filed on July 23, 2020 against Defendants. In the SAC, Plaintiff alleges that he was assaulted on December 14, 2016 after completing a cash withdrawal from a Union Bank ATM. Defendant Spec Concepts, Inc. (“Defendant”), who was not named in the original Complaint, now demurs to the entirety of the SAC on the gro...

Excerpt: ...ckground On September 10, 2019, Plaintiff Jewelry Theatre Building, LLC (“Plaintiff”) filed this action against Defendants Farzad Mansouri (“Mansouri”), Shiva Nazarian (“Nazarian”), and Mahrad Enayati (“Enayati”). The operative First Amended Complaint (“FAC”) was filed on June 9, 2020, and asserts causes of action for (1) breach of real property lease agreement, (2) breach of guaranty, (3) account stated, (4) fraud in the indu...

Excerpt: ...�Min”), and 2017 Sky, LLC (“Sky”) (collectively “Plaintiffs”) filed this action against various defendants. On July 20, 2020, Plaintiffs filed a Fourth Amended Complaint (“4AC”). The operative 4AC alleges thirteen causes of action arising out of a $200,000 bank loan. Defendants WJTJ, Inc. (“WJTJ”) and Austin Kim (“Kim”) (jointly, “The WJTJ Defendants”) now demur to the sixth cause of action for fraud and deceit (conspira...

Excerpt: ...ALIFORNIA AND KATHLEEN SALVESON'S MOTION TO STRIKE PORTIONS OF PLAINTIFF TAKESHA ESSOMBE'S COMPLAINT Background Plaintiff Takesha Essombe (“Essombe”) filed this action on April 3, 2020 against Defendants the Regents of the University of California (the “Regents”) and Kathleen Salveson (“Salveson”) (jointly, “Defendants”). In her Complaint, Essombe asserts causes of action for (1) race discrimination and wrongful termination in vio...

Excerpt: ...LAINT Background Plaintiff Spartak Ghazaryan (“Ghazaryan”) filed this action on July 18, 2019 against, among others, Defendant Mercury Insurance Group (“Mercury”). The operative Second Amended Complaint (“SAC”) was filed on August 6, 2020 and asserts causes of action for (1) breach of contract, (2) implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, (4) negligence, (5) intenti...

Excerpt: ...RTAINMENT, LLC AND FIRST ACCESS ENTERTAINMENT LIMITED; JOINDERS BY DEFENDANTS MERCER, ORTEGA, HYV ABD HYV ACCESS 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 (“FAE LLC”), First Access Entertainment Limited (“FAE Limited”), the HYV, LLC (“The HYV”), HYV Access, LLC...

Excerpt: ... action on October 4, 2019. Defendants Gheorghe Firescu (“Mr. Firescu”) and Gabriela Firescu (“Mrs. Firescu”) each now move to quash service of the summons and Complaint. Salvador opposes. Request for Judicial Notice The Court grants Mr. Firescu's request for judicial notice. Discussion Code of Civil Procedure section 418.10 provides in pertinent part: “A defendant, on or before the last day of his or her time to plead or within any fur...

Excerpt: ... Amended Complaint (“TAC”) was filed on July 13, 2020 against Defendants Quality Loan Service Corporation (“Quality”) and Caliber Home Loans, Inc. (“Caliber”), and asserts causes of action for (1) fraud, (2) negligent misrepresentations, and (3) unfair business practices. Caliber now demurs to each of the causes of action on the ground that each fails to state facts sufficient to constitute a cause of action. Coleman opposes. Request ...

Excerpt: ...yment action on October 4, 2019. Defendants Gheorghe Firescu (“Mr. Firescu”) and Gabriela Firescu (“Mrs. Firescu”) each now move to quash service of the summons and complaint. Salvador opposes. Request for Judicial Notice The Court grants Mr. Firescu's request for judicial notice. Discussion Code of Civil Procedure section 418.10 provides in pertinent part: “A defendant, on or before the last day of his or her time to plead or within an...

Excerpt: ...ed this action on July 2, 2018 against, inter alia, Defendant City of Los Angeles (the “City”). The operative Fourth Amended Complaint (“4AC”) was filed on July 13, 2020, and asserts causes of action for (1) declaratory relief, (2) declaratory relief, and (3) writ of mandate. The City now demurs to each of the causes of action of the 4AC on the ground that each fails to state facts sufficient to constitute a cause of action. Childhelp opp...

Excerpt: ...March 6, 2019, Sasson, 8300 South Vermont, LP, and 620 Arkell Drive House, LLC (collectively, “Cross-Complainants”) filed a Cross-Complaint against Blum Collins, Steven A. Blum (“Blum”), Chia Heng Ho aka Gary Ho (“Ho”), and Jacqueline Ann Axtell (“Axtell”) (collectively, “Cross-Defendants”). Cross-Complainants assert causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing,...

Excerpt: ...ackground Plaintiff Teresa Delfin (“Plaintiff”) filed this action on May 20, 2019 against Defendant Whittier College (“Defendant”). Plaintiff's Complaint[1] asserts causes of action for retaliation (FEHA), retaliation (Labor Code sections 1102.5-1105), failure to prevent/investigate, remedy discrimination (FEHA), discrimination on the basis of gender, race, ancestry, and national origin (FEHA), wrongful termination in violation of public ...

Excerpt: ...NT MCLAREN AUTOMOTIVE INC.'S MOTION FOR SUMMARY JUDGMENT AND RELATED CROSS-ACTION Background Plaintiff Alexander Weinberger (“Weinberger”) filed this Lemon Law action on March 7, 2019 against Defendants McLaren Automotive, Inc. (“MAI”) and O'Gara Coach Company, LLC dba McLaren Beverly Hills (the “Dealership”). The operative First Amended Complaint for Damages (“FAC”) was filed on January 30, 2020, and asserts a cause of action for...

Excerpt: ...MENTAL RESPONSES AND WRITTEN DISCOVERY AND PRODUCE DOCUMENTS, AND FOR MONETARY SANCTIONS Background Plaintiff McPherson Rane LLP (“Plaintiff”) filed this action against Defendant Mark Towle (“Towle”) on January 19, 2018. The Complaint asserts causes of action for (1) breach of written contract, (2) breach of oral contract, (3) promissory estoppel, and (4) quantum meruit. In the Complaint, Plaintiff alleges the following: on May 6, 2011, T...

Excerpt: ...ch”) and Dickson Chen, OD, Inc. on August 14, 2018. The operative First Amended Complaint (“FAC”) was filed on February 28, 2020 and asserts causes of action for (1) disability discrimination for being associated with someone with a disability, (2) violations of Labor Code sections 233 and 234, (3) violation of Labor Code sections 246 and 246.5, (4) wrongful termination in violation of public policy, (5) violation of Labor Code sections 110...

Excerpt: ...ne (jointly, “Plaintiffs”) brought this action on June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”),” Dertad Teddy Bedjakian (“Bedjakian”) and 168 Entertainment, LLC (the “LLC”). In the operative Second Amended Complaint (“SAC”), Plaintiffs assert three causes of action: (1) fraud, (2) breach of contract and (3) breach of the covenant of good faith and fair dealing. The operative Second Amended Complaint (“S...

Excerpt: ...nc. (“Plaintiff”) filed this action against Defendant Chicago Title Company (“Defendant”). The Complaint asserts causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Defendant now demurs to both causes of action on the ground that each fails to state facts sufficient to constitute a cause of action and that each is uncertain. Plaintiff opposes. Discussion In the Complaint, Plaintiff alleges th...

Excerpt: ...�) filed this action against Defendant Saeid “Steve” Aminpour (“Aminpour”). The Complaint asserts causes of action for equitable indemnity, contribution, apportionment, and to set aside and recover[sic] fraudulent conveyances. Aminpour now demurs to each of the causes of action. Aminpour also moves to strike portions of the Complaint. Golbari opposes both. Request for Judicial Notice The Court grants Aminpour's request for judicial notice...

Excerpt: ... Cienega, LLC (“Rancho Cienega”) and Total Commercial Real Estate, Inc. (“TCRE”) (jointly, “Plaintiffs”) filed this action against Defendants Levi Estates, LLC (“Levi Estates”) and Eli Levi (“Levi”) (jointly, “Defendants”) for breach of contract, fraudulent deceit, breach of the implied covenant of good faith and fair dealing, breach of contract – third party beneficiary, and specific performance. This action arises out ...

Excerpt: ... FOR LEAVE TO FILE SECOND AMENDED COMPLAINT TO ADD EQUITABLE TOLLING AS PLAINTIFF EXHAUSTED SIGNIFICANT TIME TO REGAIN HER EMPLOYMENT WITH DEFENDANT FROM 2017 TO THE END OF 2018 Background On October 11, 2019, Plaintiff Isabel Folgado (“Folgado”) filed this employment action against Defendant the Regents of the University of California (the “Regents”). The operative First Amended Complaint (“FAC”) was filed on December 10, 2019 and as...

Excerpt: ...AMENDED COMPLAINT TO ADD EQUITABLE TOLLING AS PLAINTIFF EXHAUSTED SIGNIFICANT TIME TO REGAIN HER EMPLOYMENT WITH DEFENDANT FROM 2017 TO THE END OF 2018 Background On October 11, 2019, Plaintiff Isabel Folgado (“Folgado”) filed this employment action against Defendant the Regents of the University of California (the “Regents”). The operative First Amended Complaint (“FAC”) was filed on December 10, 2019 and asserts a cause of action fo...

Excerpt: ..., Plaintiffs Willie F. McMullen, Jr., Deanna Welch, and Daijon 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”). The Complaint asserts causes of action for breach of contract, defamation per se, discrimination, and malicious prosecution. The malicious prosecution claim ...

Excerpt: ...ON Background On January 15, 2020, Plaintiffs Samuel Torres and Charlene Torres (jointly, “Plaintiffs”) filed a Complaint to Quiet Title to Easement (Prescription) against Defendants Luis Perez and Sonia Perez (jointly, “Defendants”). Plaintiffs allege that they own the property located at 1513 S. Westmoreland Avenue, Los Angeles, California 90006 (the “Torres Property”) and that Defendants own the property located at 1505 S. Westmore...

Excerpt: ...ohasee Rebar, LP, and LMS Reinforcing Steel Group. Arreola asserts causes of action for violation of Labor Code section 1102.5, violation of Labor Code section 98.6, and wrongful termination in violation of public policy. Arreola alleges that he was fired after making complaints about unsafe and unhealthy work conditions. Defendant LMS Reinforcing Steel USA, LP (“LMS”)[1] now petitions to compel Arreola to submit the matters alleged in his Co...

Excerpt: ... MONETARY SANCTIONS OF $2,441.75 Background Plaintiff Blaise Verdi (“Plaintiff”) filed this Lemon Law action on February 13, 2019 against Defendant BMW of North America, LLC (“BMW”). Plaintiff alleges that his 2013 BMW 7 Series suffered from various defects, including issues with engine malfunction, transmission issues, unexpected shutoffs, excessive oil consumption, air conditioning issues, electrical issues, crankcase ventilation line f...

Excerpt: ...laintiffs Delinia R. Pinzon, Anadel R. Pinzon, Irene Pinzon Santos, and Joseph Benjamin Pinzon (collectively, “Plaintiffs”) filed this action on December 26, 2017 following the death of Anastacio Pinzon (“Decedent”) after heart surgery. Plaintiffs assert medical malpractice claims against Defendants Cedars-Sinai Medical Center (“CSMC”), Dr. Sumeet Chugh, and Dr. Xunzhang Wang, as well as product liability claims against Defendants Abb...

Excerpt: ...eorg F. Hesselbach (“Hesselbach”), Aalto Hyperbaric Oxygen, Inc. (“AHO”), Aalto Hyperbaric Oxygen Woodland Hills, Inc. (“AHO Woodland Hills”), Aalto Hyperbaric Oxygen Margate, Inc. (“AHO Margate”), and Aalto Hyperbaric Oxygen Group, Inc. (“AHO Group”) (collectively, “Defendants”). The Complaint asserts two causes of action, for declaratory relief and for an accounting. This action arises out of an alleged agreement between...

Excerpt: ... URQUILLA'S MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Background On November 13, 2019, Plaintiffs Lindsay Alpert and Wiebke Vallentin Alpert (jointly, “Plaintiffs”) filed this insurance coverage action against Defendants State Farm General Insurance Company (“State Farm”) and Yenny Urquilla (“Urquilla”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on March 11, 2020 and asserts cau...

Excerpt: ...F DOCUMENTS; REQUEST FOR SANCTIONS IN THE AMOUNT OF $4,795 Background Plaintiff Alexander Weinberger (“Weinberger”) filed this Lemon Law action against Defendant McLaren Automotive, Inc. and O'Gara Coach Company, LLC dba McLaren Beverly Hills (“Defendant”) on March 7, 2019. On October 17, 2019, Weinberger served an Amended Notice of Deposition of O'Gara Coach Company, LLC aka McLaren Beverly Hills' Witness with Production of Documents and...

Excerpt: ...ound On October 8, 2019, Plaintiff Sinatra Uniform, Inc. (“Plaintiff”) filed this action against Defendants Avozar, LLC (“Avozar”) and Israel Rodriguez (“Rodriguez”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on April 1, 2020, and asserts causes of action for (1) fraud, (2) negligent misrepresentation, (3) conversion, (4) breach of contract, and (5) breach of the implied covenant of good f...

Excerpt: ... Abou Baker (“Baker”), John Ranikh Souccar aka Yahia Souccar (“Souccar”), and Nissan North America, Inc. (“Nissan”) (collectively, “Defendants”). In the Complaint, Plaintiff alleges that in the summer of 2018, while he was working as the Chief Operating Officer for Trophy Automotive Dealer Group (“Trophy”), he was approached by Souccar regarding an introduction to Baker, who was interested in investing in an American business....

Excerpt: ... now moves to quash service of the summons and Complaint. Salvador opposes. Request for Judicial Notice The Court grants Firescu's request for judicial notice. Discussion Code of Civil Procedure section 418.10 provides in pertinent part: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion … (1) To quash service of summons ...

Excerpt: ...ound On March 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 December 20, 2018, Quon filed a Cross‐Complaint against Lopez and UPS for breach of contract and fo...

Excerpt: ...erald M. Friedman Trust Dated 4/24/08 (the “Trust”) (jointly, “Plaintiffs”) filed this action against various defendants, including Defendants Yossi Dina (“Dina”) and Ben Jewelry, Inc. (“Ben Jewelry”). The operative First Amended Complaint (“FAC”) was filed on November 22, 2019. In the FAC, Plaintiffs allege the following: Friedman is 83 years old and has been diagnosed with Parkinson's disease. (FAC, ¶ 17.) Friedman first me...

Excerpt: ... Background Plaintiff Spartak Ghazaryan (“Ghazaryan”) filed this action on July 18, 2019 against, among others, Defendant Mercury Insurance Group (“Mercury”). The operative First Amended Complaint (“FAC”) was filed on November 14, 2019 and asserts causes of action for (1) breach of contract, (2) implied covenant of good faith and fair dealing, (3) violation of Business and Professions Code section 17200, (4) negligence, (5) intentiona...

Excerpt: ...FIRST AMENDED COMPLAINT Background Plaintiff Arshak Rostomyan (“Rostomyan”) filed this action on May 10, 2019 against Defendant All Century 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. In the FAC, Rostomyan alleges that he and Susan Smukler (“Smu...

Excerpt: ...'S MOTION FOR SUMMARY JUDGMENT Background Plaintiffs Leo Washington and Leandrea O'Neal (jointly, “Plaintiffs”) filed this action on December 31, 2018 against, among others, Defendants Martin Luther King, Jr. Community Hospital (“MLK Hospital”), Children's Hospital Los Angeles (“CHLA”), and Dr. Greg Marconi, M.D. (“Dr. Marconi”). The lawsuit arises out of the death of Plaintiffs' two-year old daughter, Lylah Sunshyne Washington (�...

Excerpt: ...to Respondent Coulter Ventures, LLC (“Respondent”) on September 23, 2019 (the “Award”). (Zhai Decl., ¶ 2, Ex. B.) Petitioner now moves the Court to vacate the Award pursuant to Code of Civil Procedure section 1286.2. Respondent opposes. Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbi...

Excerpt: ..., INC.; CROSS‐DEFENDANTS RESTAURANT & RETAIL MANAGEMENT GROUP, INC. AND WAYNE LIPSCHITZ'S MOTION TO STRIKE THE ALTER EGO ALLEGATIONS OF CROSS‐COMPLAINANT WETHERBEE RESTAURANTS, INC.'S CROSS‐ COMPLAINT AND RELATED CROSS‐ACTION Background Plaintiff Restaurant & Retail Financial Management Group, Inc. (“RRFMG”) filed this action on June 6, 2019 against Defendant Wetherbee Restaurants, Inc. dba Joe's Café (“Wetherbee”). The operative...

Excerpt: ... February 27, 2019, Plaintiffs MJ Global Enterprise, Inc. (“MJ”), Hyung Do Min (“Min”), and 2017 Sky, LLC (“Sky”) (collectively, “Plaintiffs”) filed this action against various defendants. The operative Third Amended Complaint (“TAC”) was filed on February 6, 2020, and asserts thirteen causes of action arising out of a $200,000 bank loan. Defendants WJTJ, Inc. (“WJTJ”) and Austin Kim (“Kim”) (jointly, “the WJTJ Parti...

Excerpt: ... AMENDED CROSS- COMPLAINT; PLAINTIFF AND CROSS-DEFENDANT JASON POST'S DEMURRER TO FIRST AMENDED CROSS-COMPLAINT AND RELATED CROSS-ACTION Background On February 14, 2017, Plaintiff Jason Post (“Post”) filed this action against Defendants Melissa Schwartz (“Schwartz”) and Destination Happiness, LLC (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on September 3, 2019 and alleges causes of action for (...

Excerpt: ...”) (jointly, “Plaintiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh and Jae In Suh (jointly, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on November 14, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, and (7) unfair business competition. In the TAC, Plai...

Excerpt: ...nna Welch, and Daijon 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”). Ward was personally served with the summons and Complaint on December 23, 2019. On January 27, 2020, default was entered as to Ward. Ward now moves for an order setting aside the default and for an ...

Excerpt: ...ved as Counsel Jarrod Y. Nakano of McFarlin LLP (“Counsel”) moves to be relieved as counsel for Plaintiff Patricia Coleman. The Court finds a number of defects. Both the declaration in support of the motion (MC-052) and the proposed order (MC-053) are incomplete. The declaration is missing information in Items 1, 4, and 5. The proposed order is missing information in Items 7 and 8. There is also no proof of service showing that the motion and...

Excerpt: ...vs. Case No.: 19STCP05097 Hearing Date: June 22, 2020 Time: 2:00 p.m. JOHN DAVID CORBIN , et al., Defendants. [Tentative] Order RE: MOTION FOR AN ORDER DISQUALIFYING HOOPER, LUNDY & BOOKMAN, P.C. AND FITZGERALD YAP KREDITOR LLP AND DISGORGEMENT OF LEGAL FEES AND RELATED CROSS-ACTION Background On November 21, 2019, Petitioner John David Corbin (“Corbin”) filed this Petition for Court Supervision of Voluntary Winding Up Proceeding (“Petition...

Excerpt: ...AMENDED COMPLAINT Background This is a Lemon Law action. Defendant Kia Motors America, Inc. (“Kia”) brings this demurrer to the fifth (breach of the implied warranty of merchantability) and sixth (fraud by omission) causes of action of the First Amended Complaint (“FAC”) of Plaintiff Melinda Leblanc (“Leblanc”). Kia also moves to strike allegations relating to punitive damages. Leblanc opposes. Discussion A. Demurrer A demurrer can be...

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

Excerpt: ...�� DEFENDANTS FRASER ROSS, A‐LIST, INC. AND H‐ LIST, INC. AND THIRD PARTY DEFENDANT CHRISTOPHER LEE FOR SUMMARY ADJUDICATION AND RELATED CROSS‐ACTIONS Background This action was filed on August 9, 2016 by Plaintiff Fraser Ross (“Ross”) against Christopher Lee (“Lee”). Defendants Spencer Spirit Holdings Inc. (“Spencer”), BHK Investments, LLC (“BHK”), Salus Capital Partners, LLC (“Salus”), and HGI Asset Management Holdings...

Excerpt: ...America (“HMA”). The Complaint asserts causes of action for violation of the Song-Beverly Act – breach of express warranty, violation of the Song- Beverly Act – breach of implied warranty, and violation of the Song-Beverly Act section 1793.2, arising from the purchase of a new 2013 Hyundai Tucson (the “Subject Vehicle”). HMA now move for summary adjudication as to the second cause of action for breach of implied warranty. Padilla oppo...

Excerpt: ...is (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”), filed on May 9, 2019, asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil ...

Excerpt: ..., Whizbang Productions, LLC, Good Entertainment Foundation, Teenasaurus Rox, Inc., and ES and G Entertainment, Inc. (collectively, “Defendants”) special motion to strike the Complaint of Plaintiffs Victor Borachuk and JupiterReturn, LLC (jointly, “Plaintiffs”). Defendants now move for an award of attorneys' fees and costs, as the prevailing defendants on an anti-SLAPP motion, in the total amount of $21,450.50. Plaintiffs oppose. Evidentia...

Excerpt: ...he Raymond Shofler IRA (collectively, “Plaintiffs”) filed this action on October 13, 2017 against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”) and ACF Property Management, Inc. (“ACF”) (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduciary duty, fraud (misrepresentation), fraud (co...

Excerpt: ...nt 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 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 file...

Excerpt: ...EIN, AND LAUREN MORRISON DICKSON'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Background Plaintiff Dane C. Rinehart (“Rinehart”) filed this legal malpractice action on March 8, 2019. The operative First Amended Complaint (“FAC”) was filed on June 26, 2019, and asserts causes of action for (1) breach of fiduciary duty by attorney, (2) legal malpractice, (3) unfair competition, (4) false advertising, (5) fraud, (6) constructive fr...

Excerpt: ...iv”), Dongkoo Jeon (“Jeon”), DNS Trading, Inc. (“DNS”), London Eye, Inc. (“London Eye”), and Steve Jun (“Jun”). The Complaint asserts causes of action for (1) breach of contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, (7) promise without intent to perform, (8) intentional misrepresentation, and (9) negligent misrepresentation. Jun now moves for judgment on the ...

Excerpt: ...nst Defendant FCA US LLC. (“Defendant”). On or about June 24, 2019, the case settled for $45,000. (Romano Decl., ¶ 5, Ex. 1.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Discussion Civil Code section 1794, subdivision (d) provides: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs...

Excerpt: ...603 Cimarron Street, Los Angeles, California 90047 (the “Property”). The Complaint asserts causes of action for (1) lack of title and standing, (2) negligent misrepresentation, (3) promissory estoppel, (4) breach of implied duty of good faith and fair dealing, (5) violation of Civil Code §§ 2924.17 and 2923.55, (6) violation of Homeowner's Bill of Rights, (7) violation of B&P Code § 17200, (8) cancellation of instruments, (9) wrongful fore...

Excerpt: ...s filed on July 26, 2018. The operative Second Amended Complaint (“SAC”) was filed on November 19, 2019. Plaintiff Mouris Ahdout (“Plaintiff”) asserts causes of action for fraudulent conveyance, creditor's suit under C.C.P. § 708.210, et seq., and avoidance of fraudulent transfers of real property against various defendants. Defendants 5461 Kester Avenue Investments LLC, 221 West Elm Investments LLC, 1121 Swall Associates LLC, 1111 Crest...

Excerpt: ...AINTIFF'S FIRST AMENDED COMPLAINT Background Defendant Volkswagen Group of America, Inc. (“VW”) brings this demurrer to the First Amended Complaint of Plaintiff Thuy Chung (“Chung”). The operative First Amended Complaint (“FAC”) asserts causes of action for violations of the Song-Beverly Act and fraudulent inducement. VW now demurs to the fraudulent inducement causes of action (concealment, intentional misrepresentation, and negligent...

Excerpt: ...tal amount of $575,925.75, which includes $508,600 in special damages, $16,800 in general damages, $50,000 in attorney fees, and $525.75 in costs. “A complaint . . . shall contain . . . the following: . . . . (2) A demand for judgment for the relief to which the pleader claims to be entitled. If the recovery of money or damages is demanded, the amount demanded shall be stated.” ((Code Civ. Proc., § 425.10, subd. (a).) Code of Civil Procedure...

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

Excerpt: ...rin Lewis (“Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles (the “City”), Los Angeles Police Department (the “LAPD”), and Officer Charles Kumlander (“Kumlander”). The operative Second Amended Complaint (“SAC”) asserts causes of action for wrongful death (assault and battery), wrongful death (negligence), violation of the Ralph Civil Rights Act (Civil Code section 51....

Excerpt: ...C dba Petite Taqueria (“Defendant”). The Complaint asserts causes of action for failure to pay and provide minimum wages, overtime, double time, rest periods, meal periods, and itemized wage statements. The Complaint also asserts a cause of action for violation of Business and Professions Code section 17200. Defendant now moves to compel arbitration of all of Plaintiff's claims and to stay this action pending completion of arbitration, pursua...

Excerpt: ...T AMENDED COMPLAINT Background On April 29, 2019, Plaintiff California Expanded Metal Products Company (“Plaintiff”) brought this action against Defendants Crystal IBC, LLC, Frank Crystal & Company, Inc., Alliant Insurance Services, Inc. (“Alliant”), and Kyle Shallahamer (“Shallahamer”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 7, 2019 and asserts causes of action for bre...

Excerpt: ...Y ADJUDICATION Background Plaintiff Raven Starre (“Starre”) filed this action on December 15, 2017. The operative Second Amended Complaint (“SAC”) was filed on March 1, 2019 against various defendants. The SAC asserts causes of action for (1) libel per se, (2) cyber stalking – violation of Civil Code § 1708.7, (3) intentional infliction of emotional distress, (4) conspiracy to commit libel per se, (5) aiding and abetting libel per se, ...

Excerpt: ...d On July 31, 2019, Plaintiff Renia Harbin (“Harbin”) filed this action arising out of the pending foreclosure proceedings related to her home located at 10603 Cimarron Street, Los Angeles, California 90047 (the “Property”). The Complaint asserts causes of action for (1) lack of title and standing, (2) negligent misrepresentation, (3) promissory estoppel, (4) breach of implied duty of good faith and fair dealing, (5) violation of Civil Co...

Excerpt: ...rbert (jointly, “Plaintiffs”) is continued to ______________, at 8:30 a.m., in Department 50. On January 22, 2020, the Court ordered Plaintiffs and Defendant FCA US LLC (“Defendant”) to provide courtesy copies of their papers in support and in opposition to the motion for attorney fees. Although the Court has since received Defendant's courtesy copies, Plaintiff's courtesy copies are still missing, including courtesy copies of the Declara...

Excerpt: ...against Defendant Kia Motors America, Inc. (“Defendant”). On or about August 9, 2019, the case settled for $13,233.53. (Kohen Decl., ¶¶ 3, 10.) Plaintiff now moves for an award of attorney fees and costs. Defendant opposes. Evidentiary Objections The Court rules on Defendant's evidentiary objections as follows: Objection 1: overruled as to paragraphs 10 and 11; sustained as to paragraphs 5, 6, 7, 8 and 9 Objection 2: sustained Objection 3: ...

Excerpt: ...) filed this action on March 29, 2018 against Defendants Conduent Payment Integrity Solutions, Inc. (“Conduent”) and Zina Khoshaba (“Khoshaba”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the California Confidentiality of Medical Information Act (Civil Code section 56, et seq.), negligence, tortious interference with attorney-client relationship, and intentional infliction of emotional distress. D...

Excerpt: ...TERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO C.C.P. SECTION 877.6(a) AND RELATED CROSS-ACTIONS Background Plaintiff Jesus Marquez (“Marquez”) filed this wage and hour action on July 18, 2017 against Defendants LGI Association, Inc. (“LGI”) and John C. Chiu (“Chiu”). The operative Second Amended Complaint (“SAC”) was filed on April 20, 2018, and adds Saeid Karandish (“Karandish”), and Sharona Youabian (“Youabian”) as de...

Excerpt: ...s filed on July 30, 2019. Default on the First Amended Complaint against York was entered on September 20, 2019. York now moves to set aside the default pursuant to Code of Civil Procedure section 473, subdivision (b). Cook opposes. Discussion Code of Civil Procedure section 473, subdivision (b) provides in pertinent part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissa...

Excerpt: ...state”) (jointly, “Plaintiffs”) filed this action on November 13, 2017 against Defendants David R. Haberbush (“Haberbush”) and Haberbush & Associates, LLP (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on July 2, 2018. Plaintiffs assert causes of action for legal malpractice, breach of fiduciary duty, and unfair competition. Defendants now move for summary judgment or, in the alternative, summar...

Excerpt: ... causes of action against 20 defendants. Plaintiffs are homeowners over 65 who allege that they were victims of the “HERO Program,” a form of public-private financing for clean energy home improvements paid through the homeowner's property taxes. Plaintiffs allege that while they were promised that the program would allow them to save money on energy costs, after they entered the program, their energy costs remained the same but their propert...