Excerpt: ...Pariser seeking validation of the election of its corporate officers and declaratory relief. Metropolis Master Association alleges it is “a mix -used master planned community consisting of a hotel, three high rise condominium buildings, approximately 32 commercial condominiums, Master Association Property, and a total of approximately 1,555 residen tial condominiums to be governed by three condominium associations.” (Compl. ¶ 4.) All units a...

Excerpt: ...e Los Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A t...

Excerpt: ...arious violations of labor law. Defendant Luxurban Hotels, Inc. (Defendant) moves to amend its answer to Plaintiff's First Amended Complaint (FAC) to assert additional affirmative defenses. Defendant's counsel at Novian & Novian LLP avers that they were under the mistaken impression that the FAC had merely added Defendant as a party, rather than also including claims under PAGA, and that as a result, Defendant's answer contained no PAGA -relat ed...

Excerpt: ...by Plaintiff) filed this action against David E. Fermelia and Cedars Sinai Medical Center arising out of surgery to remove a hyperactive parathyroid. On September 27, 2021, Plaintiff filed the First Amended Complaint asserting causes of action for: (1) negligence; (2) battery; (3) intentional and negligent infliction of mental and emotional distress; (4) misrepresentation; (5) fraud; (6) breach of fiduciary duty; (7) alteration of medical records...

Excerpt: ... Zenon Kesik arising out of Defendant's alleged failure to pay for construction services rendered by Plaintiff at 1704 W. Manchester Ave., Los Angeles, California, 90047. The complaint asserts causes of action for: (1) breach of contract; (2) common count complaint for work, labor, services and materials; (3) open book account; and (4) accounts stated. Plaintiff alleges the parties entered into a contract on October 15, 2019 “under which, Plain...

Excerpt: ...assignment shall issue shortly. Clerk to give notice. On July 17, 2023, Plaintiff Paula Johnson filed this action against City of Long Beach, City of Lakewood, County of Los Angeles, Robert Locke, and Charlotte Locke arising out of allegations that Plaintiff struck a damaged portion of sidewalk while riding her bicycle, causing significant leg injuries. The complaint asserts causes of action for: (1) dangerous condition on public property; (2) pr...

Excerpt: ...to, causing Pinto's left eye to rupture, leaving him blind in that eye. The complaint further alleges “Defendant repeatedly contacted Plaintiff, in violation of an existing restraining order, and made statements to Plaintiff threatening harm to him and others close to him if he did not agree to rescind his allegations and make false statements to public officials in the criminal matter arising out of the July 2018 attack.” (Compl. ¶¶ 20, 25...

Excerpt: ...iled this action against Orkid Plaza, LLC asserting causes of action for: (1) violation of California Civil Code § 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code § 17200, et seq.; (5) negligence; (6) breach of covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act, California Civil Cod...

Excerpt: ...urposes. All hearings currently set in 23STUD13065 and 23STUD13071 are hereby advanced and vacated. Counsel for Plaintiffs to give notice to all parties in all three cases. Background of 23STUD13055 Bogari v. Mendoza On October 4, 2023, Plaintiffs Faye Bogari, as Trustee of the Faye Bogari Trust dated August 9, 2002, and Manijeh Habibi filed this action against Jennifer Mendoza for unlawful detainer of real property located at 4857 W. 12th St Los...

Excerpt: ... E. 42 St. #2 Los Angeles, CA 90011. On April 24, 2023, Plaintiff filed a second unlawful detainer action against Tony Aguilar, Norma Aguilar, Taurino Aguilar, Jose Aguilar, Abi Aguilar, and Laura Veizqez related to the same property in Los Angeles Superior Court case 23STUD04469. On May 2, 2023, Plaintiff filed a third unlawful detainer action against Taurino Aguilar, Laura Velzouez, Norma Aguilar, Tony Aguilar, Jose Aguilar, and Abi Aguilar rel...

Excerpt: ...ice to all parties in all cases. Background of 23STCV27311 Teichmann v. Gouhari On November 7, 2023, Plaintiff Teresita Teichmann filed this action against Farivar Gouhari aka Daniel Gouhari aka Danny Gouhari, Eric D. Beck, and Mag Estate Property LLC arising out Plaintiff's tenancy in real property located at 13160 Victory Blvd, Van Nuys, CA 91755. The complaint asserts causes of action for: (1) tenant harassment (Civ. Code § 1940.2); (2) negli...

Excerpt: ...fendant Giselle Valenzuela for Doe 1. On December 27, 2021, the court held trial and awarded judgment in favor of Plaintiff. The Court entered judgment against Hani Mammo on January 11, 2022. On March 29, 2022, Hani Mammo, through attorney Christopher Reyes, filed a motion to set aside/vacate the trial judgment. The motion argued Defendant Mammo was not served with notice of the trial due to improper service. The Court granted the motion on April...

Excerpt: ... real property located at 21326 Ventura Boulevard, Woodland Hills, California 91364. The complaint alleges Plaintiff owns an 77.5% undivided interest of the Property and Defendant owns a 22.5% undivided interest of the Property as tenants in common. The complaint also seeks an accounting. This case is currently pending in Department 61 of the Stanley Mosk Courthouse with trial set for April 8, 2025. Background of 22STCV20177 Itkin v. Greenfield, ...

Excerpt: ...os Angeles Superior Court govern the assignment of cases between its districts and departments. (Code Civ. Proc. § 402.) LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Conside...

Excerpt: ...es from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. Plaintiff's Motion is Procedurally Defective On November 9, 2023, Plaintiff, in propria persona, filed a notice of motion, a declaration, and a proof...

Excerpt: ...22STCV01382 are hereby advanced and vacated. Counsel for Plaintiff to give notice. On March 3, 2022, Judge Laura A. Seigle issued an order finding the cases were not related within the meaning of California Rules of Court, rule 3.300. In opposition, Defendant contends the motion is “fatally defective,” (Opp. at 6:10-15), citing California Rules of Court, rule 3.300(e), which provides “[t]he Notice of Related Case must be served and filed as...

Excerpt: ...for moving party to give notice. Request for Judicial Notice Defendant's uncontested request for judicial notice of the parties' lease agreement and various court filings is GRANTED. (Evid. Code § 452.) Motion to Relate Cases Standard In the event that the pertinent judge under California Rules of Court, rule 3.300(h)(1) does not relate any of the cases set forth in a Notice of Related Case, Department 1 may relate the matters on noticed motion....

Excerpt: ... party to give notice. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of information from the California Department of Tax and Fee Administration as well as various maps depicting driving distances is GRANTED. (Evid. Code §§ 452(c); 452(h). See also U.S. v. Perea-Rey (9th Cir. 2012) 680 F.3d 1179, 1182 n.1 (“We take judicial notice of a Google map and satellite image as a ‘source[ ] whose accuracy cannot reasonably be q...

Excerpt: ...notice. Judicial Notice Defendants request the Court take judicial notice of the deed of trust, trustee's deed upon sale, and the civil case cover sheet addendum. The requests are GRANTED as to the existence and legal effect of these documents. (Evid. Code §§ 452(c); 452(d).) Motion to Transfer Between Judicial Districts Standard The Local Rules of the Los Angeles Superior Court govern the assignment of cases between its districts and departmen...

Excerpt: ... District of the Los Angeles Superior Court. (LASC Local Rules, rule 2.2(b).) The parties rely upon the text of Code of Civil Procedure sections 396b and 397, which do not apply. (Mot. at 4:24-5:9; Opp. at 3:22-4:24.) These sections of the Code of Civil Procedure govern transfers between superior courts, not different districts therein. The Los Angeles Superior Court is only one court. (See generally Glade v. Glade (1995) 38 Cal.App.4th 1441, 144...

Excerpt: ...ve to quash service of summons pursuant to Code Civ. Proc. § 418.10 on the grounds that they were not properly served with the summons and complaint. “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.'” (Summers v. McClanahan (2006) 140 Cal.App.4...

Excerpt: ..., Samsum Shadanloo filed BC482598 against Defendant SBE Entertainment Group, LLC. On April 13, 2012, Shadanloo filed a First Amended Complaint asserting causes of action for: (1) assault; (2) battery; (3) intentional infliction of emotional distress; (4) premises liability; (5) negligent investigation; and (6) negligent infliction of emotional distress. The FAC alleged Shadanloo was a patron of a nightclub owned and operated by Defendant SBE Ente...

Excerpt: ...eet Courthouse. The complaint alleges Defendant Herber caused his vehicle to collide with Plaintiff Peters' vehicle on April 7, 2020. On January 25, 2023 and February 1, 2023, Defendants filed a Notice of Related Cases on pleading paper, rather than on optional Judicial Council form CM-015, that listed the relevant cases as “Audrey Peters vs. Cameron David Arthur Herber, et al., Los Angeles County Superior Court Case No. 22STCV11897” and “A...

Excerpt: ...erest to Victor Gonzalez, filed the operative Second Amended Complaint. The SAC alleges the numerous named defendants manufactured, distributed and/or supplied stone products used mostly in homes that contained hazardous materials including toxic amounts of silica and metals. From 1988 to 2019, Plaintiff Victor Gonzalez allegedly installed stone counters and was exposed to the hazardous materials which caused him to develop medical issues, includ...

Excerpt: ...rom the North Central District to the East District based upon the convenience of witnesses and the ends of justice. (Mot. at 4:1-5:27.) On the Civil Case Cover Sheet Addendum and Statement of Location, Plaintiff's counsel certified that the Glendale Courthouse was the proper filing location based upon the address 330 N. Brand Blvd., Glendale, CA 91203 and the stated reason that it is the “[l]ocation where cause of action arose.” The complain...

Excerpt: ...La Verne's Motion to Seal its Memorandum of Points and Authorities in Support of Motion to Transfer Venue to Pomona Courthouse, Declaration of Lori Gordien, Declaration of Simar K. Ahluwalia, and Request for Judicial Notice is DENIED. Defendant University of La Verne's Motion to Transfer Venue to the Pomona Courthouse is CONTINUED to Thursday, November 30, 2023 at 8:30 A.M. in Department 1 of the Stanley Mosk Courthouse. Clerk shall give notice. ...

Excerpt: ...s action to the action to the Stanley Mosk Courthouse in the Central District citing various inapplicable provisions of the Code of Civil Procedure related to which superior court, not district therein, is the proper venue. The Los Angeles Superior Court is only one court, even though it is divided into districts. (See generally Glade v. Glade (1995) 38 Cal.App.4th 1441, 1449 (“Even though a superior court is divided into branches or department...

Excerpt: ...l issue shortly. Clerk to give notice. On June 12, 2023, Plaintiff Barrigton Plaza Tenant Association filed this action against Defendants Douglas Emmett, Inc. and Barrington Pacific, LLC for declarator and injunctive relief. The complaint alleges Plaintiff is an unincorporated association of tenants living at the rent stabilized Barrington Plaza Apartments located at 11728, 11734 and 11740 Wilshire Boulevard in the Sawtelle neighborhood of Los A...

Excerpt: ...ted grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) A Transfer is Warranted Under the Circumstances Here Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department M of the Santa Monica Courthouse, which sits in the West District of the Los Angeles...

Excerpt: ...three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Plaintiff Failed to Demonstrate a Transfer is Warranted Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department F of the Norwalk Courthouse, which sits in the Southeast District of...

Excerpt: ...three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) Plaintiff Failed to Demonstrate a Transfer is Warranted Plaintiff seeks to transfer this action to the Stanley Mosk Courthouse in the Central District. The case is currently assigned to Department P of the Santa Monica Courthouse, which sits in the West District of...

Excerpt: ...(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice. (LASC Local Rule 2.3(b)(2).) In the motion, Plaintiff lists various grievances against Judge Thomas Long, which are not properly before this Court on a motion to transfer. Plaintif...

Excerpt: ...mination; (2) race discrimination; (3) FEHA retaliation; (4) harassment; (5) failure to prevent discrimination and harassment; and (6) whistleblower retaliation. The FAC alleges Bernard is a 64-year-old African-American male who worked in Defendant's water meter shop. Plaintiff alleges Water Supervisor Pete Marshall subjected him to insults, derogatory comments, baseless criticism, and interfered with Plaintiff's job duties. Plaintiff allegedly r...

Excerpt: ...ner/Plaintiff Committee to Support the Recall of District Attorney George Gascon filed a petition for writ of mandate and complaint for declaratory relief and injunctive relief naming Dean C. Logan, in his official capacity as Los Angeles County Registrar Recorder/County Clerk, and Los Angeles County Registrar Recorder/County Clerk's Office as Defendants/Respondents. On July 27, 2023, Judge James C. Chalfant issued an order relating this action w...

Excerpt: ...of action and alleges the unit Plaintiffs rented was an unlawfully subdivided unit with unpermitted plumbing, gas, and electrical that lacked a Certificate of Occupancy. Standard LASC Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another, including when the case was filed in an improper district, or for the convenience of witnesses or to promote the ends of justice on a noticed motion. (LASC Lo...

Excerpt: ...of the incident. The complaint alleges Visconti attacked Pinto, causing Pinto's left eye to rupture, leaving him blind in that eye. The complaint further alleges “Defendant repeatedly contacted Plaintiff, in violation of an existing restraining order, and made statements to Plaintiff threatening harm to him and others close to him if he did not agree to rescind his allegations and make false statements to public officials in the criminal matter...

Excerpt: ... Nava filed this action against Defendants Nature's Produce and Flying Food Group, Inc. for negligence and premises liability. The complaint alleges Plaintiff suffered a slip and fall injury in a property located at 3305 Bandini Blvd. Vernon, CA 90058. Motion On January 30, 2023, Defendant Nature's Produce filed the instant motion seeking to transfer this action from the Spring Street Courthouse in the Central District of the Los Angeles Superior...

Excerpt: ...law (Bus. & Prof. Code § 17200 et seq.; (2) violation of Health and Safety Code section 17958.3 and AB607; (3) violation of California Civil Code section 1941.1; (4) violation of Penal Code section 418; (5) violation of Civil Code section 789.3; and (6) emotional distress. The complaint alleges Plaintiff was a tenant at an Extended Stay America Hotel located at 401 E, Albertoni Street, Carson, CA 90746. Defendants allegedly falsely advertised th...

Excerpt: ...NTED as to Exhibit Nos. 1-5 and 8-9, which are filed court records. (Evid. Code § 452(d).) Defendant's request for judicial notice is DENIED as to Exhibit Nos. 6 and 7. These exhibits are not conformed copies of court records and Plaintiff did not file a “Motion to Relate and Consolidate Cases for All Purposes in Case No. 19STCV[]15856” as represented. While Plaintiff filed such a motion on November 28, 2022 in 22STCV36194, those documents c...

Excerpt: ...tly set in civil law case 21STCV38528 are hereby advanced and vacated. Moving party to give notice. DISCUSSION Jonathan Hemphill filed a new petition in the probate action after Department 1's initial ruling on the Notice of Related Case. The two cases now involve the same parties and the same claims. (Cal. R. Ct., rule 3.300(a)(1).) In both the civil case and the probate case, Jonathan Hemphill, Administrator of the Estate of Eunice Hemphill, as...

Excerpt: ...ovember 23, 2022, Plaintiff Genevieve A. McSweeney, individually and as Trustee of the Genevieve McSweeney Living Trust established U/D/T dated April 14, 1998, and derivatively on behalf of Ventura Pacific Holdings LP, filed this action against Edward C. McSweeney, individually and as Trustee of the McSweeney Living Trust Established U/D/T April 15, 1994, Sally A. McSweeney, Interstate Marketing Associates, Jeffrey M. Cohen, Cohen & Freedman, and...

Excerpt: ...oned the court for a writ of mandate naming Los Angeles County Metropolitan Transportation Authority as the respondent. The petition alleges Respondent violated CEQA when it approved the Transportation Communication Network Program “to facilitate the installation of digital display structures on Metro property within the City of Los Angeles.” (Pet. ¶ 1.) On March 7, 2023, Petitioner filed a Notice of Related Case indicating this petition was...

Excerpt: ... the First Amended Cross Complaint (“FACC”). The tentative rulings are as follows: (1) Montecito's motion for judgment on the pleadings is DENIED. (2) Montecito's motion to strike is DENIED. Discussion Meet and Confer Requirement “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion f...

Excerpt: ...ally declared Mir a vexatious litigant again in Court of Appeal case B148849 Mir v. Pomona Valley Hospital Medical Center, et al. Justice Boren's prefiling order provided "[w]e order that henceforth Jehan Zeb Mir may not file any litigation in the courts of this state in propria persona or through an attorney without first obtaining leave of the presiding judge of the court in which the litigation is proposed to be filed." (Mir v. Pomona Valley H...

Excerpt: .... Blowitz, et al. On July 10, 2014, Judge Michelle R. Rosenblatt in Los Angeles Superior Court case BCSI 8877 Etame, et al. v. Copart Inc., et al., determined that Lori Wagner is the same person as David Delman and ordered that Wagner was subject to the same prefiling order requirement as Delman. Under these orders, Plaintiff became subject to a Code of Civil Procedure section 391.7 prefiling requirement that requires Plaintiff to obtain the perm...

Excerpt: ... Canyon Water Company, William L McIntyre, and Andrew M. McIntyre. The claims in the Third Amended Complaint, filed March 20, 2017, were asserted agamst the original defendants as well as George Morrow, Chet Anderson, Fran Delach, and San Gabriel River Water Committee. Plaintiffs allege the Defendants improperly diverted water Plaintiff had relied on for nearly 60 years to irrigate her seven-acre property in Azusa, causing mature trees to die and...

Excerpt: ...leges McCool has an outstanding balance of Sl 12604.38. The complaint asserts causes of action for: (1) breach of contract; (2) open book account; and (3) account stated. On April 22, 2021, McCool filed a cross-complaint against Interinsurance Exchange of the Automobile Club and Manhattan Floor Covering, Inc. dba Servpro of Redondo Beach assertmg causes of action for: (1) breach ofwritten contract; (2) breach of implied obligation of good faith a...

Excerpt: ...for negligence. The complaint alleges Defendant Rubio' s vehicle collided with Plaintiff on June 1, 2021 while Plaintiff Ivas lawftlly within a crossu•alk resulting m significant Injury _ On January 18, 2022, Plaintiff dismissed Defendant Curbside Handi-Transport: LLC with prejudice. On March 15: 2022, Plaintiff substituted Quick Fleet Services, Inc. as Doe 1. On September 7: 2022: Plaintiff substituted Pacific Bell Telephone Company dba AT&T C...

Excerpt: ...ring Street Courthouse for all purposes. All hearings currently setin 22VECV01849 are hereby advanced and vacated. Moving party to give notice. ound On Januaty 31, 2018, Plaintiffs Sonja Domazet, Elijah Stiny, and the estate of Isaac Stiny filed this wrongful death action. In the First Amended Complaint, filed on July 29, 2021, Plaintiffs asserted causes of action for: (1) wrongful death, (2) negligent infliction of emotional distress, (3) intent...

Excerpt: ... individually and as wrongful death beneficiary of and successor in interest to Raheem Udo-Okon, and Marcus Udo-Okon, individually and as wrongful death beneficiary of and successor in interest to Raheem Udo-Okon, filed this action against Jose Roberto Guevara, Jr., Christopher Cubas-Sanchez, and Allied Universal Security Services. The complaint arises out of a December 26, 2021 pedestrian versus automobile collision at the intersection of Sawtel...

Excerpt: ...ty or Jurisdiction to do so Pursuant to C.C.P. § 906 & § 916(A). TENTATIVE RULING: The motion is GRANTED and the January 25, 2023 prefiling order is vacated nunc pro tunc. Background On April 11, 2019, Plaintiff Mr. BW, “individually, on behalf of himself, the general public and on behalf of all other persons and class similarly situated” filed a complaint, in propria persona, filed this action against Dell'Amore Limousine, Inc., the Los An...

Excerpt: ...Soccer 5 Center, LLC filed this action against Defendants Lisa Vernola Salas, individually and as Trustee of the Vernola Family Trust, and Joan Vernola, as Trustee of the Vernola Family Trust. In the operative First Amended Complaint, filed November 30, 2022, Plaintiff asserts causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) anticipatory repudiation; (4) breach of implied covenant of...

Excerpt: ...he SAC alleges the numerous named defendants manufactured, distributed and/or supplied stone products used mostly in homes that contained hazardous materials including toxic amounts of silica and metals. From 1988 to 2019, Plaintiff Victor Gonzalez allegedly installed stone counters and was exposed to the hazardous materials which caused him to develop medical issues, including silicosis, pulmonary fibrosis, requiring extensive medical treatment ...

Excerpt: ... On May 18, 2017, Plaintiff Lazben Investment Co. filed a complaint against Lawrence M. Deutsch. On August 17, 2018, Intervenor Andrew M. Deutsch filed a complaint in intervention against Lawrence M. Deutsch alleging eight causes of action: (1) expulsion from partnership, (2) breach of contract, (3) breach of covenant of good faith and faith dealing, (4) breach of fiduciary duty of care, (5) breach of fiduciary duv of loyalty, (6) accounting, (7)...

Excerpt: ...CIV SB 2133375 Olds v. Edison Flowers, et al transferred to the Los Angeles Superior Court for consolidation with Los Angeles County civil law case 21STCV44258. Defendants are ordered to "promptly serve the order on all parties to each case and send it to the Judicial Council and to the presiding judge of the court from which each case is to be transferred," (Cal. R. Ct„ rule 3.500(e)), and "promptly take all appropriate action necessary to ass...

Excerpt: ...se Development, Inc„ and Atlantic Specialty Insurance Company asserting causes of action for: (1) breach of written contract; (2) common count - open book account; (3) common count - account stated; (4) common count- work and materials; and (5) recovery on mechanic's lien release bond. The complaint alleges Plaintiff and Defendants Equinox and Eclipse entered into a contract for Plaintiff "to furnish labor and materials for the installation of ...

Excerpt: ...endants' Expenses and Attorney Fees of $3,713.00 is GRANTED, in part. This action, 22STRCV00762, is ordered reassigned to the Stanley Mosk Courthouse in the Central District of the Los Angeles Superior Court for reassignment to a probate department. Notice of case reassignment shall issue shortly. Defendants' request for attorneys' fees and expenses is DENIED. Clerk shall give notice. Background On August 31, 2022, Plaintiffs Ann Marie Tabb and M...

Excerpt: ...nt asserting claims against Gel Spice Company, Inc., Gel Spice, Inc., Gel Spice Co., LLC, Big Lots Stores, Inc., Big Lots, Inc., Grocery Outlet, Inc., Consolidated Property Holdings, Inc., Target Corporation, Target Stores, Inc., and Target Brands, Inc. alleging containers of ground cinnamon, cumin, sage, cloves, poultry seasoning, garlic, and turmeric contained impermissible levels of lead. Motion On February 2, 2023, Plaintiff Consumer Advocacy...

Excerpt: .... The Court shall set the bond amount at $1,701,555.87 plus the rental value of the property determined at the hearing. Background On May 18, 2017, Plaintiff Lazben Investment Co. filed a complaint against Lawrence M. Deutsch. On August 17, 2018, Intervenor Andrew M. Deutsch filed a complaint in intervention against Lawrence M. Deutsch alleging eight causes of action: (1) expulsion from partnership, (2) breach of contract, (3) breach of covenant ...

Excerpt: ...ENIED. Background On July 20, 2021, the Department of Fair Employment and Housing filed a complaint under the Civil Rights and Equal Pay Act against Defendants Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc. The First Amended Complaint, filed on August 23, 2021, alleges Defendants subjected their female employees to unequal pay, sex discrimination, sexual harassment, and retaliation. On August 10, 2022, Ju...

Excerpt: ...rposes. All hearings currently set in 21STCV45724 are hereby advanced and vacated. Background On March 3, 2020, Plaintiff Anthony Davis filed the instant action against Yayyo, Inc. (f/k/a Yayyo, LLC) and Ramy El-Batrawi arising out of Plaintiff's employment with Yayyo and the stock options that were part of his compensation. On December 15, 2021, Plaintiff Robert William Vanech, Sr. filed a separate action, Los Angeles Superior Court Case No. 21S...

Excerpt: ...d-Century Insurance Company arising out of Plaintiff's insurance claim related to the Woolsey fire. The complaint asserts causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; and (3) violation of Business & Professions Code section 17200. Motion On January 20, 2023, Plaintiff filed the motion to change venue seeking to transfer the action from the Beverly Hills Courthouse to the Van Nuys...

Excerpt: ...t for costs is DENIED. Background On April 3, 2017, Plaintiff Rosa Cojulun filed this action against Defendants Liria Melendez, Luisa Melendez, Javier Perez, Victor Valle, and Best Alliance Foreclosure and Lien Services Corp. The operative Third Amended Complaint asserted causes of action for: (1) breach of contract, (2) accounting, (3) wrongful foreclosure, and (4) declaratory relief. The TAC alleged Plaintiff was the equitable owner of real pro...

Excerpt: ...breach of fiduciary duty, (2) breach of contract, (3) breach of contract, (4) accounting, (5) specific performance, (6) specific performance, (7) conversion, (8) violation of CA Penal Code 496(c), (9) negligence, (10) fraud and deceit, (11) negligent misrepresentation, (12) intentional infliction of emotional distress, (13) equitable/implied indemnity, (14) contribution, (15) declaratory relief, and (16) injunctive relief. The Court ordered the a...

Excerpt: ...int asserts causes of action for discrimination, harassment, FEHA retaliation, failure to prevent, failure to engage in a good faith interactive process, failure to accommodate, negligent supervision and retention, assault, Labor Code section 98.6 retaliation, Labor code sections 232.5 and 1102.5 retaliation, wrongful termination, and declaratory judgment. Demurrer and Motion to Strike On September 8, 2022, Defendants Liberty Global LLC, Ingeniou...

Excerpt: ...ecision. A. Statement of the Case 1. Petition Petitioner Herskowitz commenced this proceeding on December 22, 2021, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. On January 14, 2020, the Board filed an Accusation against Herskowitz. The Board amended the Accusation on May 20, 2020, and a second time at the administrative hearing in September 2021. Herskowitz was accused of comm...

Excerpt: ...etary Sanctions Against Defendant Prospect Medical Holdings, Inc. in the Amount of $3,135 Pursuant to C.C.P. § 1281.99 is GRANTED. The April 19, 2021 order on the parties' Joint Stipulation to Stay State Court Action and Submit to Binding Arbitration is vacated and the case shall proceed in this court as an unlimited civil action. Pursuant to Code of Civil Procedure section 1281.99, Defendant is ordered to pay Plaintiff $3,135.00 via his counsel...

Excerpt: ...n to the Motion for Summary Adjudication is ordered stricken from the Memorandum of Costs. FACTUAL BACKGROUND This is an action for violations of unfair competition law and false advertising law. The Complaint alleges as follows. Plaintiff is the People of the State of California, by and through the Attorney General of California. Plaintiff alleges that the Defendants have engaged in an unlawful telemarketing scam involving more than 400 consumer...

Excerpt: ...s-Complaint TENTATIVE RULING ACS Logistics GMBH & Company KG's Motion to Quash Service of Summons and Cross- Complaint is granted. Background Stevens Global Logistics, Inc. (“Stevens”) filed its Complaint, Case No. 19TRCV00370, on April 19, 2019. Stevens alleges the following facts. Stevens is a freight forwarding company which arranges for the transportation of cargo for its customers. Texas Aviation Group, LLC (“Texas”) and Summit Sky A...

Excerpt: ...neral Premier Insurance Company's Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is an action for insurance coverage of an uninsured motorist. The Petition to Compel Arbitration (“PCA”) alleges as follows. Respondent National General Premier Insurance Company (“National”) issued to Petitioner Edward Constantian (“Constantian”) a bodily injury liability insurance policy (the “Policy”) containing uninsured motorist c...

Excerpt: ...21, 2022, and all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title, or any cloud upon plaintiff's title thereto. The complaint asserts causes of action for: (1) quiet title; (2) slander of title; and (3) cancellation of instrument related to real property located at 920 North Eastman Avenue, Los Angeles, CA 90063. Demurrer On August 23, ...

Excerpt: ...int is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020. Plaintiff alleges the following facts. Plaintiff alleges that the numerous Defendants abuse, neglected, and wrongfully caused the death of his mother, June Horwich. Plaint...

Excerpt: ...int is sustained with 20 days leave to amend. Cynthia L. Williams, M.D.'s Demurrer to Complaint is sustained with 20 days leave to amend. Holly M. Emge's Demurrer to Complaint is sustained with 20 days leave to amend. Background Plaintiff filed the Complaint on August 28, 2020. Plaintiff alleges the following facts. Plaintiff alleges that the numerous Defendants abuse, neglected, and wrongfully caused the death of his mother, June Horwich. Plaint...

Excerpt: ... the premises during the lease term. The complaint seeks damages in the amount of $68,441.00. Legal Standard Code of Civil Procedure section 585 permits entry of a judgment after a Defendant fails to timely answer following proper service of process. A party seeking judgment on the default by the Court must file a Request for Court Judgment, and provide: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of ...

Excerpt: ...; (4) wrongful discharge; (5) intentional infliction of emotional distress; and (6) unfair business practices. On February 25, 2022, Plaintiff substituted Bonduelle Fresh Americas for Defendant Doe 1. Motion On June 17, 2022, Defendants Ready Pac Produce, Inc. and Ready Pac Foods, Inc. filed their motion for summary adjudication as to Plaintiff's claim for punitive damages. The Court notes many of Defendants' facts in the separate statement are i...

Excerpt: ...to amend as to all other causes of action asserted in the cross-complaint against Roescheisen. The demurrer is SUSTAINED without leave to amend as to the fifth and sixth causes of action asserted against Cross-Defendant Paper Cosmetics, Inc., which are the only causes of action asserted against it. Cross-Defendants' Motion and Motion to Strike (Anti-SLAPP) is taken OFF-CALENDAR. Background On June 17, 2022, Plaintiff Daniel Alexander Roescheisen ...

Excerpt: ... the lead case. (Cal. R. Ct., rule 3.350(b).) The court's order shall be filed in this action as well as in 22SMUD01135 . (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. Background and Cases at Issue On October 13, 2021, Plaintiff Hubert Bordenave, individually and as tru...

Excerpt: ...any other order in that action that either provides for or denies an award of civil penalties under this code shall be submitted to the agency within 10 days after entry of the judgment or order.”).) Background On June 29, 2020, Plaintiff Florencio Legaspi filed this PAGA action against Defendants Cucumber Holdings, LLC, California OPCO, LLC, and Plum Healthcare Group, LLC. On November 2, 2020, Plaintiff filed the operative First Amended Compla...

Excerpt: ...kground On May 18, 2022, Plaintiff 1791 Management, LP filed this action against Defendant Energy Vault, Inc. On September 13, 2022, Plaintiff filed the operative Second Amended Complaint against Defendants Energy Vault, Inc., Robert Piconi, William Gross, Zia Huque aka Tahsinul Zia Huque, Andrea Pedretti aka Andrea Pedretti Rodi, Andrea Wuttke, Novus Capital Corporation II, Robert Laikin, Larry Paulson, and Jeffrey Foster. The SAC asserts causes...

Excerpt: ...s of action: (1) breach of implied warranty of habitability, (2) breach of implied covenant of enjoyment, (3) negligence, (4) violation of Civil Code section 789.3, and (5) violation of Civil Code section 1942.4. Plaintiff alleges she resided at real properly located at 37105 Zinnia St., Palmdale, CA 93550 and had a lease through January 2, 2021, after which Plaintiff had a month-to- month tenancy. The complaint alleges Defendant became the owner...

Excerpt: ...ndants' answer, entering their default, and dismissing their cross-complaint. Background On February 8, 2021, Plaintiff Toyota Motor Sales U.S.A., Inc. filed a complaint against Paragon Relocation Resources Inc., and Paragon Global Resources, Inc. The complaint asserted three causes of action: (1) breach of contract, (2) conversion, and (3) unjust enrichment. The complaint alleges Plaintiff and Defendants entered into a Relocation Services Agreem...

Excerpt: ... this action against Defendants Shlomo Rechnitz, The Healthcare Center of Downey LLC, Rechnitz Lakewood GP, Rockport Administrative Services, and Steven Stroll. The complaint alleged two causes of action: (1) dependent adult abuse and (2) negligent hiring and supervision. The complaint alleges that the Defendants, through various entities, aided and abetted wrongful acts and omissions at the direction of Shlomo Rechnitz, resulting in Plaintiff, a...

Excerpt: ...ent payment in the amount of $7,500.00 to Plaintiff Mario Herrera; (4) $3,750.00 (75% of $5,000 PAGA penalty) to the LWDA; and (5) $13,500.00 for settlement administration costs to CPT Group, Inc. Class Counsel is ordered to lodge a proposed Order consistent with this ruling and a separate judgment containing the class definition, release language, and a statement that no class members opted out of the settlement by December 5, 2022. Background O...

Excerpt: ... in conformity with the arbitration award. (Code Civ. Proc. § 1287.4.) The Court GRANTS Plaintiff's request for additional costs in the amount of $61.65, and interest in the amount of $21,784.80, and attorneys' fees in the reduced amount of $9,375.00. Plaintiff is ordered to provide a revised proposed judgment reducing the attorneys' fees consistent with the Court's ruling herein. Background On January 8, 2021, Plaintiff A Company Hungary KFT fi...

Excerpt: ...P, Rockport Administrative Services, and Steven Stroll. The complaint alleged two causes of action: (1) dependent adult abuse and (2) negligent hiring and supervision. The complaint alleges that the Defendants, through various entities, aided and abetted wrongful acts and omissions at the direction of Shlomo Rechnitz, resulting in Plaintiff, a dependent adult, eloping from the facility and being allowed to roam the streets for two months. Defenda...

Excerpt: ... 2030.300(d), the Court imposes sanctions in the amount of $2,800.00 against Defendant Yadidsion and his counsel of record, payable to Plaintiff via its attorney of record within 60 days. (2) Motion to Compel Further Responses to Plaintiff's Form Interrogatories – Set One Served on Defendant Urban Fitz, Inc. and Request for Sanctions is GRANTED. Defendant Urban Fitz is ordered to provide further complete, verified, code compliant responses to F...

Excerpt: ...6, 2021, Plaintiff filed the operative Second Amended Complaint wherein Plaintiff seeks to represent “all Aggrieved Employees from June 10, 2020, through the present, for Defendants' violation of Labor Code §§ 212 and 225.5, arising from Defendants' payment of earned wages to the Aggrieved Employees with checks drawn from M&T Bank, an out-of- state bank that did not have a branch in California.” (SAC ¶ 26.) On March 4, 2022, the Court issu...

Excerpt: ...arez filed this employment action against Defendants Ready Pac Produce, Inc. and Ready Pac Foods, Inc. The complaint asserts causes of action for: (1) retaliation; (2) age discrimination; (3) failure to prevent; (4) wrongful discharge; (5) intentional infliction of emotional distress; and (6) unfair business practices. On February 25, 2022, Plaintiff substituted Bonduelle Fresh Americas for Defendant Doe 1. Motion On October 10, 2022, Defendant R...

Excerpt: ... 21-26 and DENIED as to Special Interrogatories Nos. 27-29. Defendant is ordered to provide supplemental verified, code compliant responses to Special Interrogatories Nos. 21-26 within 20 days. Access to and dissemination of information contained in Defendant's responses shall be restricted by the protective order described herein. The Hearing on Motion for Protective Order set for 11/02/2022 at 8:30 AM in Department 74 of the Stanley Mosk Courth...

Excerpt: ...tus Conference re Initiation of Arbitration is scheduled for January 10, 2023 at 8:30 a.m. Background On June 1, 2022, Plaintiff Danielle Weber filed this employment law action against Defendant Mitchell Silberberg & Knupp, LLP. The complaint asserts causes of action for: (1) discrimination based on age in violation of FEHA; (2) failure to prevent discrimination in violation of FEHA; (3) construction discharge in violation of FEHA; (4) disability...

Excerpt: ...ion 1032. The case is dismissed. Background On July 12, 2019, plaintiff Lindsey Gutierrez filed this action against Defendant Kia Motors America, Inc. The First Amended Complaint asserted causes of action for: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (a)(3) of Civil Code section 1793.2; (4) breach of express written warranty; (5) frau...

Excerpt: ...aithi Ricci filed this action against Defendants City of Palmdale and J.J. Murphy. The complaint asserted causes of action for: (1) Whistle Blower Retaliation in Violation of California Labor Code Section 1102.5; (2) Discrimination in Violation of Fair Employment and Housing Act; (3) Failure to Prevent Discrimination and Retaliation in Violation of Fair Employment and Housing Act; (4) Retaliation in Violation of the Fair Employment and Housing Ac...

Excerpt: ...ng competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. CRC 3.1202. Background On October 22, 2018, Plaintiffs Melynda Bryan and Errick Bryan filed this action against Defendant Chad Jeremy Cassady arising out of the purchase of a used motorhome. The complaint asserts causes of action for: (1) breach of oral agreement; (2) fraud and deceit; (3) conversion...

Excerpt: ...37 and MOOT as to Request Nos. 8, 16-31, 34, and 35. Defendant is ordered to serve further verified, code compliant responses to Plaintiff's Requests for Production of Documents, Set One, Requests Nos. 14, 5, 7, 32, 33, 36 and 37 as limited herein, within 20 days and to produce all responsive documents within 30 days. To the extent Defendant claims the attorney-client or work product privileges apply over any of the responsive documents or inform...

Excerpt: ...ituity arising out of Defendant's alleged submission of billing for a level of care that is not supported by the medical evidence or records, resulting in overpayments by Plaintiff. On March 24, 2022, Plaintiff dismissed Defendant Vituity from the complaint. The complaint asserts causes of action for: (1) negligent misrepresentation; (2) intentional misrepresentation; (3) accounting; and (4) unfair competition. On January 28, 2022, Defendant CEP ...

Excerpt: ...nst Defendant Jae Min Chang, Plaintiff's brother, based upon allegations that Defendant defrauded Plaintiff into selling his ownership interest in at The Korea Times Los Angeles, Inc. for a fraction of its market value. The First Amended Complaint, filed on February 11, 2021, asserts causes of action for: (1) fraud; (2) breach of fiduciary duty; (3) negligent misrepresentation; and (4) rescission. Motions On August 18, 2022, Plaintiff filed a mot...

Excerpt: ... 21-26 and DENIED as to Special Interrogatories Nos. 27-29. Defendant is ordered to provide supplemental verified, code compliant responses to Special Interrogatories Nos. 21-26 within 20 days. Access to and dissemination of information contained in Defendant's responses shall be restricted by the protective order described herein. The Hearing on Motion for Protective Order set for 11/02/2022 at 8:30 AM in Department 74 of the Stanley Mosk Courth...

Excerpt: ...ion 1032. The case is dismissed. Background On July 12, 2019, plaintiff Lindsey Gutierrez filed this action against Defendant Kia Motors America, Inc. The First Amended Complaint asserted causes of action for: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (a)(3) of Civil Code section 1793.2; (4) breach of express written warranty; (5) frau...

Excerpt: ...is action against Defendant Ashley Liu and 13 other individuals. On May 30, 2019, Plaintiff filed the First Amended Complaint asserting fourteen causes of action: (1) breach of fiduciary duties; (2) fraud; (3) constructive fraud; (4) conversion; (5) breach of contract; (6) accounting; (7) declaratory relief; (8) member expulsion order; (9) breach of promissory notes; (10) rescission (restaurant); (11) voidable transfer; (12) Meng reimbursement cl...

Excerpt: ...(1) motor vehicle negligence, (2) general negligence, and (3) loss of consortium. The complaint alleges that the Defendants negligently operated a vehicle, which resulted in a vehicle collision and caused severe injuries to the Plaintiffs. On November 17, 2020, Plaintiff filed an Amendment to the Complaint, Fictitious/Incorrect Name, naming Doe 2 as Laufer Group International Ltd. and Doe 3 as Aramsco, Inc. On June 8, 2021, Plaintiff filed Reques...