Excerpt: ... Documents, Set One, and Request for Sanctions is GRANTED. Plaintiff Amber Awni is ordered to serve verified, code compliant responses within 20 days and to produce all responsive documents within 30 days. All objections are deemed waived. Amber Awni and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant Lion Real Estate Group, LLC, by and through counsel of record, in the amount of $400, within twenty days. ...

Excerpt: ...ession of the records, a description of the records, and the party who is seeking the records, as well as time and place of the hearing. (Evid. Code § 1043, subd. (b)(1).) The motion must be accompanied by a declaration: showing “good cause” for disclosure of the records; setting forth the materiality of the records; and stating upon reasonable belief that the governmental agency has the requested documents. (Evid. Code § 1043, subd. (b)(3)...

Excerpt: ...s of the Brian & Michelle McGoldrick 2013 Trust dated May 28, 2013 (“The McGoldricks”) allege as follows: The McGoldricks own the property located at 1946 Foothill Boulevard in La Canada-Flintridge, California; Defendants Leonard B. Torres and Anita Susan Brenner, individually and as Co-Trustees of the Torres Family Living Trust U/D/T 9/28/99 (“The Torres”) own the adjacent property located at 1944 Foothill Boulevard in La Canada-Flintrid...

Excerpt: ...nt is ordered to serve verified, code compliant responses to Special Interrogatory 54 within 5 days of notification of the identification of the mailing house. Defendant and its attorney of record, jointly and severally, are ordered to pay sanctions to plaintiff, by and through counsel of record, in the amount of $3,060, within twenty days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem...

Excerpt: ...eging six causes of action: (1) violation of Labor Code §§ 1182.12-1194 (minimum wage), (2) violation of Labor Code § 226(a) (non-compliant wage statements), (3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for Defendants and alleges she was misclassified as an independent contractor. On July 2, 2021, Defendant Zuber Lawler & Del Duca, LLP f...

Excerpt: ... Heriberto Polanco filed this action against Defendants FCI Lender Services, Inc. and MTGLQ Investors, L.P. asserting six causes of action under the mortgage provisions of the Civil Code, a claim under Business and Professions Code § 17200, and a claim for cancellation of written instruments. Plaintiff's claims relate to real property located at 12024 Gurley Ave., Downey, CA 90242. On April 14, 2022, Plaintiff dismissed Defendant MTGLQ Investors...

Excerpt: ...CV35765. (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. The court will not be in session on May 31, 2022. If the parties do not submit on this tentative ruling, the hearing will be continued to June 1, 2022 at 8:30 a.m. Background On January 25, 2021, Plaintiff Gloria Br...

Excerpt: ... action against Defendants Medtronic, Inc., and Dana Diment asserting various FEHA and employment related violations based upon Plaintiff's disability. On July 22, 2021, the Court granted attorney Geoffrey C. Lyon's motion to be relieved as counsel for Plaintiff and Plaintiff became an unrepresented litigant. Motion for Terminating Sanctions Defendants Medtronic, Inc. and Dana Diment move the Court to dismiss the complaint with prejudice as a ter...

Excerpt: ...ntry LTD., LLC, JKT, Inc., and Wayne Young. On March 18, 2022, Plaintiff dismissed JKT, Inc. without prejudice. The complaint asserts causes of action for: (1) negligence – wrongful death; and (2) negligence – survivor's action. The complaint alleges Duncan Campbell, a resident at the Mariposa Apartment, died from stab wounds inflicted by Defendant Wayne Young while on the premises. The complaint alleges the owners of the apartment building o...

Excerpt: ...021, Plaintiff Ernest Franceschi, Jr. filed this action against Defendants Christopher Baldwin and Gloria Baldwin. The operative First Amended Complaint, (“FAC”), added Defendant Ross Perkal and asserts causes of action for: (1) breach of the implied covenant of good faith and fair dealing; (2) tortious interference with contract; and (3) extortion. The FAC alleges Plaintiff, an attorney, represented Defendant Christopher Baldwin in two lawsu...

Excerpt: ...ish, finance, and build a new multi- unit residential property. The First Amended Complaint added Victor Franklin Alba as a Plaintiff and California Prime Realty, Inc., Salud B Mangahis, and Sally Mangahis as Defendants. The First Amended Complaint asserts causes of action for: (1) financial elder abuse, (2) breach of contract, (3) breach of fiduciary duty, (4) concealment, (5) conversion, (6) recission of contract, (7) cancellation of instrument...

Excerpt: ... to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c). Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an o...

Excerpt: ...ant to Code of Civil Procedure section 2033.280(c), the Court imposes sanctions in the amount of $392.00 against Plaintiffs Kelvin Mensah and Shamoy Allen, jointly and severally, payable to Defendant Alliance Communities, Inc., via its counsel of record, within 60 days. Pursuant to Code of Civil Procedure section 2033.280(b), “[i]f a party to whom requests for admission are directed fails to serve a timely response, . . . [t]he requesting party...

Excerpt: ... 2.1.) The Consent Judgment provides “Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 34 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb” after the effective date of the settlement. (Consent Judgment § 3.1.) These levels are significantly less than the amounts shown by Plaintiff's testing. (Yerousha...

Excerpt: ...& Safety Code §§ 34183 & 34183.5, et al as well as a complaint for breach of contract. On October 1, 2021, the Court entered an order granting the stipulation for bifurcation of trial “so that the legal issues as to the meaning of portions of the Agreement at issue, including but not limited to paragraph 6, and whether conditions precedent for the payment of passthrough monies have been satisfied, are tried separately from and prior to the is...

Excerpt: ...rd, within 60 days. The requests for terminating, evidentiary, and/or issue sanctions are DENIED. Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c).) Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order strikin...

Excerpt: ...to the fifth cause of action against Hernandez within 20 days. On November 19, 2021, Plaintiffs James Hawkins and Aliza Hawkins filed this action against Defendants Ricardo Hernandez, Robert Fonesca, Citrine Design Company, American Contractor's Indemnity Company. The First Amended Complaint, (“FAC”), asserts causes of action for: (1) action on surety bond (against American Contractor's Indemnity only); (2) breach of contract; (3) fraud; (4) ...

Excerpt: ... a motion to compel further responses to requests for admissions if an answer to a particular request is evasive or incomplete or an objection to a particular request is without merit or too general. (Code Civ. Proc. § 2033.290(a).) The motion must be accompanied by a good faith meet and confer declaration, (Code Civ. Proc. § 2016.040,) and a separate statement. (Cal. R. Ct., rule 3.1345.) The opposing party bears the burden of justifying any o...

Excerpt: ...nt of Cadena's individual claims; (5) $15,000.00 (75% of $20,000 PAGA penalty) to the LWDA; and (5) $9,000 for settlement administration costs to ILYM 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 May 27, 2022. Order Preliminarily Approving Class Action Settlem...

Excerpt: ...anaging the distribution of Plaintiff's intellectual property through its App on various streaming platforms. Plaintiff alleges it terminated its contract with Streann, but Streann continued to use Luken's intellectual property for Streann's benefit. The complaint asserts causes of action for: (1) intentional interference with contract; (2) intentional interference with economic advantage; (3) misappropriation of trade secrets; (4) conversion; (5...

Excerpt: .... 10, 13, 16, 20-26, and 28-31. The motion is DENIED as to Special Interrogatories Nos. 1-4, and 9. Plaintiff Michael Frazier's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set One Request for Sanctions is GRANTED as to Requests for Production Nos. 16-20, and 26. The motion is DENIED as to Requests for Production Nos. 4, 11, 15, and 21-24. Defendant must provide a verified, complete, code-compliant respon...

Excerpt: ...ssment in Violation of the FEHA, (2) Sex/Gender Discrimination in Violation of the FEHA, (3) Retaliation in Violation of the FEHA, (4) Failure to Investigate and Prevent Harassment in the Workplace in Violation of the FEHA, (5) Wrongful/Constructive Termination in Violation of Public Policy, (6) Intentional Infliction of Emotional Distress, (7) Negligent Infliction of Emotional Distress, (8) Negligent Supervision and Hiring, (9) Failure to Pay Mi...

Excerpt: ...on of rights. Defendant may amend the remaining affirmative defenses within 20 days. Arbitration Defenses – First and Fourteenth Plaintiff demurs to the first and fourteenth affirmative defenses, which state Plaintiff entered into a binding arbitration agreement covering his claims. Plaintiff argues Defendant waived its right to arbitrate and failed to allege sufficient facts to support the arbitration defenses. (Dem. at 7:20-8:26; Reply at 2:2...

Excerpt: ...iff, via its counsel of record, within 30 days. A Case Management Conference is scheduled for June 2, 2022 at 8:30 a.m. in Department 74. Standard Code of Civil Procedure section 473(b) provides an avenue for mandatory relief from the entry of default: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is acc...

Excerpt: ...s ordered to serve and lodge a proposed judgment within 10 days. An OSC re entry of judgment is scheduled for June 10, 2022 at 8:30 a.m. Plaintiffs' Evidentiary Objections Plaintiff's objections to the declaration of Patricia Chamberlain are OVERRULED. Plaintiff's Objections Nos. 2-3 to the declaration of April Lloyd are SUSTAINED. The remaining objections are OVERRULED. Plaintiff's objections to the declaration of Duval Cormier are OVERRULED. De...