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...

Excerpt: ... an individual doing business as Goliath Films, and Does 1 through 20. The complaint alleged two causes of action: (1) Breach of Written Lease and (2) Common Counts. Plaintiff alleges that the Defendants made illegal improvements and were using the property as a residence in violation of ordinances. The Defendants then abandoned the lease and the Plaintiffs incurred over $10,000 in expenses to repair the illegal construction. On November 30, 2018...

Excerpt: ...ponses to Plaintiff's Requests for Production of Documents, Set One, Nos. 1, 8, 11, 12, 14, 17, 18, 19, 21, 22, 23, 55, 56, 57, 58, 59, and 70 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 information, it shall simultaneously serve a privilege log with the document production that,...

Excerpt: ...Law Group, APC, Melkon R. Melkonian, Keosian Berberian LLP, Keosian Law Firm, APC, Keosian Law LLP, and Herb Fox. The complaint asserts a single claim for legal malpractice arising out of Defendants' legal representation in a personal injury action. MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT On September 16, 2022, Plaintiffs filed the instant motion for leave to file a First Amended Complaint that adds a cause of action for breach of fidu...

Excerpt: ...graph 7. The motion is otherwise DENIED. Defendant shall have 20 days to answer the First Amended Complaint. Background On January 5, 2022, Plaintiffs Eri Cortez and Eunice Cortez filed this action against Defendant American Honda Motor Co., Inc. The First Amended Complaint asserts 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 Su...

Excerpt: ...tiffs' First Set of Requests for Production of Document, Requests Nos. 38-43 and GRANTED to Requests Nos. 45 and 46, as limited herein. Defendant is ordered to serve further verified, code compliant responses to Plaintiffs' First Set of Requests for Production of Documents Nos. 45-46, as limited herein, without objection within 20 days and to produce all responsive documents within 30 days. The Court declines to impose sanctions. Background On Se...

Excerpt: ... out of Plaintiff's employment. The complaint asserts causes of action for: (1) retaliation (Labor Code § 1102.5); wrongful termination in violation of public policy; (3) unfair competition (Bus. & Prof. Code § 17200 et seq); and (4) failure to comply with employee's request to inspect records (violation of Lab. Code §§ 226, 1198.5). On October 6, 2022, the Court denied Plaintiff's ex parte application for leave to file a first amended compla...

Excerpt: ...S, Liana Muradyan, DDS, Kiraj & Muradyan Dental Corporation, and Infinite Dental Wellness. The complaint asserted causes of action for: (1) professional negligence; (2) elder abuse; (3) willful misconduct; (4) negligent infliction of emotional distress; and (5) loss of consortium. The complaint alleges Plaintiff Lynn Swensen underwent a dental procedure on December 18, 2020, which was performed by Defendant Kiraj. Plaintiff notified Defendants Ba...

Excerpt: ...d the Actual Production of Documents from Defendant Rechnitz Lakewood GP to Request for Identification and Production of Documents, Set One; Request for Monetary Sanctions against Defendant Rechnitz Lakewood GP and its Attorneys of Record Cowdrey Jenkins LLP is GRANTED. Defendant Rechnitz Lakewood GP is ordered to provide a further verified, code-compliant response to Plaintiff's Request for Production of Documents, Set One No. 7, removing all ob...

Excerpt: ...Gasparian filed this action against Defendant R&B Medical Group, Inc. asserting seeking PAGA penalties. Motion to Approve PAGA Settlement On September 21, 2022, Plaintiff filed a motion for approval of PAGA settlement. The motion is unopposed. (Code Civ. Proc. § 1005(b).) Discussion Standard Pursuant to Labor Code section 2699(l)(2), “[t]he superior court shall review and approve any settlement of any civil action filed pursuant to this part. ...

Excerpt: ...ry 2, 2022, the clerk entered judgment in favor of Plaintiff Kelly Miller against Defendant Pink Lotus Medial Holdings, LLC in the amount of $81,250.80. Motion On August 31, 2022, Defendant Pink Lotus Medical Holdings, LLC filed a motion to set aside and vacate the judgment pursuant to California Code of Civil Procedure sections 473(b) and 663. The motion is unopposed. (Code Civ. Proc. § 1005(b).) Motion to Set Aside Judgment Cited Statutes “T...

Excerpt: ...ive PAGA claims shall remain in this action, which is STAYED in its entirety pending the outcome of arbitration. A Status Conference re Initiation of Arbitration is scheduled for November 28, 2022. Background On November 17, 2021, Plaintiff Justin Ridgway filed this action against Ensign United States Drilling (California) Inc. The initial complaint was filed as a class action asserting six wage and hour causes of action. On March 3, 2022, Plaint...

Excerpt: ...footnotes 5, 13, 15, and 16 as well as the cited portion of paragraph 8. The motion is otherwise DENIED. Defendant shall have 20 days to answer the First Amended Complaint. Background On April 5, 2022, Plaintiffs Laura Miller and Scot Miller filed this action against Defendant American Honda Motor Co., Inc. The First Amended Complaint asserts causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2, (2) Violation of Sub...

Excerpt: ...ney, LLC is ordered to provide further verified, code compliant responses to Special Interrogatories, Set Two, Nos. 57-59 and 61-63 within 20 days. Defendant's responses to Special Interrogatories, Set Two Nos. 57-59 and 61-62 must be without objection. Defendant's further response to Special Interrogatories, Set Two, No. 63 must either justify its privilege objections and respond to the extent possible or, if Defendant determines it cannot do so...

Excerpt: ...red to serve further verified, code compliant responses to Plaintiffs' First Set of Requests for Production of Documents Nos. 45-46, as limited herein, without objection within 20 days and to produce all responsive documents within 30 days. The Court declines to impose sanctions. Background On December 16, 2021, Plaintiffs Francisco Gutierrez Castano and Elena Olivia filed this lemon law action against Defendant American Honda Motor Co., Inc. The...

Excerpt: ...s that adequately evidence their losses and indicate they closed their accounts with Defendants, thereby realizing their asserted market losses. (R. Lichtenstein Decl. ¶¶ 6-37; S. Lichtenstein Decl. ¶¶ 7-26.) Plaintiff Ronald Lichtenstein seeks attorneys' fees pursuant to the Welfare and Institutions Code and properly limits the request pursuant to LASC Local Rule 3.214. Plaintiffs' declarations contain an interest calculation as required. (R...

Excerpt: ...ogatories (Sets Two and Three) (C.C.P. § 2030.300) is GRANTED in part. The motion is GRANTED as to Special Interrogatories (Set Two) Nos. 128-136 and DENIED as to Special Interrogatories (Set Three) No. 137. Defendant is ordered to provide complete, verified, code-compliant responses to Special Interrogatories (Set Two) Nos. 128-136 without objection within 20 days. Background On May 8, 2020, Plaintiff Suzanne Ruelas filed this action. The opera...

Excerpt: ...nt; (3) breach of fiduciary duty; and (4) accounting. The Complaint alleges the parties formed a partnership to develop business opportunities and contribute to existing projects. On July 1, 2022, Scott Cohen filed a cross-complaint against Mitch Jacobs and Fanbank, Inc. asserting causes of action for: (1) breach of written contract; (2) breach of implied contract; (3) restitution; and (4) promissory estoppel. Demurrer and Motion to Strike On Aug...

Excerpt: ...ing causes of action for: (1) Negligence; (2) Premises Liability; (3) Violations of the County of Los Angeles Rent Stabilization Ordinance; (4) Violations of the Los Angeles County Covid-19 Eviction Moratorium; (5) Negligence Per Se Based Upon Violations of the California Fire Prevention Laws; (6) Constructive Eviction; (7) Breach of Warranty of Habitability; (8) Fraudulent Misrepresentation; and (9) Violations of the County of Los Angeles Rent S...

Excerpt: ...l Panel Systems, Inc. and Charbrel Boukhalil. The complaint asserts eleven causes of action based upon allegations of disability discrimination and retaliation during Plaintiff's employment. Motion On August 16, 2022, Defendants filed the instant motion seeking to transfer this action to the San Bernardino Superior Court. The motion is unopposed. (Code Civ. Proc. § 1005(c).) On September 28, 2022, Plaintiff filed the Case Management Statement, w...

Excerpt: ...Law Group, LLP and John Begakis. The complaint asserts causes of action for (1) negligence (legal malpractice); (2) breach of fiduciary duty; and (3) breach of contract arising out of Defendant's representation of Devin Redmond in Redmond v. Chronicle Books, LLC, San Francisco Superior Court Case No. CGC-20-583353. Motion On April 22, 2022, Defendants Altview Law Group, LLP and John Begakis filed the instant motion to compel Plaintiff to arbitrat...

Excerpt: ...t that removes the enhancement payments and corrects the affected terms of the settlement consistent with adding $15,000.00 to the Net Settlement Amount. The Court otherwise approves the settlement. Background On June 15, 2020, Plaintiff Rosalie Wayman filed this action against Terry York Motor Cars, LTD asserting a single cause of action under PAGA. On May 11, 2022, the Court acknowledged the parties' settlement and on July 7, 2022, the Court en...

Excerpt: ...epartment of Justice and Rob Bonta, in his official capacity as Attorney General of the State of California for declaratory and injunctive relief. The complaint seeks “a judgment declaring that the Tiered Registry Law, California Penal Code section 290, subdivision (d), violates the equal protection guarantee of Article 1, section 7 of the California Constitution to the extent that it assigns persons convicted of violating subdivision (c)(1) of...

Excerpt: ...26, 2022, at 8:30 a.m. Background On June 14, 2022, Plaintiff Hilary Polak filed this action against Defendants Barrett Business Services, Inc., Dan Ventura, and Danielle Benoit arising out of Plaintiff's employment with Defendants and subsequent termination. The complaint asserts FEHA causes of action for disability harassment, discrimination, and retaliation, failure to engage in an interactive process, failure to accommodate, violations of CFR...

Excerpt: ...ANTED in its entirety. Plaintiff is ordered to service further complete, verified and code-compliant responses to Special Interrogatories, Set Two, Nos. 18-23, 29-30 and 36-38 without objection within 20 days. Background On February 27, 2019, Plaintiff Margaret Shaw filed this action complaint against Defendants Dorina Schiro, Alfred Joseph Verdi dba Sea Cliff Realtors, Graham Nudd, and Laura Nudd. On October 14, 2022, Plaintiff filed the First A...

Excerpt: ...ons Corporation Citizens Telecom Services Company, LLC, and Duval Cormier. The complaint asserted causes of action for: (1) discrimination based on race, national origin, or ancestry; (2) failure to prevent discrimination; (3) intentional infliction of emotional distress; (4) wrongful termination in violation of public policy. On May 10, 2022, the Court granted Defendants' motion for summary judgment. The Court entered judgment on July 22, 2022. ...

Excerpt: ...end as to the tenth cause of action. Background On October 28, 2021, Plaintiffs Philip Yuan, M.D., Ruth Yuan, and the Philip and Ruth Yuan Family Trust filed this action against Smith-Co Construction, Inc. arising out of residential construction on real property located at 1481 Bryant Dr. E, Long Beach, CA 90815. The complaint asserts causes of action for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; (4)...

Excerpt: ...on is GRANTED as to Form Interrogatory No. 17.1(d) related to Requests for Admission Nos. 1- 18, 20, and 22-28. Plaintiff is ordered to provide further verified, code-compliant responses to Form Interrogatory No. 17.1(d) related to Requests for Admission Nos. 1-18, 20, and 22-28 within 20 days. Background On February 22, 2021, Plaintiff American Global Facility filed this action against Defendant Divine Food & Catering, LLC seeking to recover $54...

Excerpt: ...n May 10, 2019, plaintiff Karen Abramian filed this action against defendant Mercedes-Benz USA, LLC alleging a violation of the Song-Beverly Consumer Warranty Act. On June 29, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On July 7, 2022, the Court dismissed the action following settlement. Motion On July 11, 2022, Plaintiff filed the instant motion for attorneys' fees, costs, and expenses seeking lodestar attorneys' fees of $75,59...

Excerpt: ...d SUSTAINED with 20 days leave to amend as to the sixth, seventh, and eighth causes of action. Defendants Lion Real Estate Group, LLC; Lion Reseda, LLC; And Lion Terraces, LLC's Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT as to paragraphs 61, 72, and 78, GRANTED without leave to amend as to paragraphs 25 and 28, and DENIED as to paragraphs 36, 44, and 50 as well as the prayer for punitive damages. Plaintiffs shall hav...

Excerpt: ... 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 lawsuits pursuant to retai...

Excerpt: ...n the amount of $100,000.00 for the benefit of Defendant Los Angeles County Sheriff's Department within 30 days. The Court sets an Order to Show Cause re: Dismissal for Failure to Furnish Security for November 8, 2022 at 8:30 a.m. On the same date, the Court shall also hold a hearing on an Order to Show Cause re: Entry of Prefiling Order. Any response to this Order to Show Cause shall be filed no later than five court days before the hearing date...

Excerpt: ...) filed this action for declaratory relief against Defendant Allied World Surplus Lines Insurance Company (“Allied World”). The complaint alleged Defendant issued a policy of commercial general liability insurance under Policy No. 5057-0295 effective between December 17, 2016 and December 17, 2017. CSI was named as a defendant in Los Angeles Superior Court case 19STCV36103 Jason Standiford v. California Specialty Insulation, Inc., et al. Whil...

Excerpt: ...rrer to Plaintiff Grace Anne Stern's First Amended Complaint is OVERRULED. Defendants shall have 20 days to file an answer. Background On March 11, 2022, Plaintiff Grace Anne Stern filed this action. The complaint asserted causes of action for breach of contract and declaratory relief. On June 28, 2022, the Court issued an order on Defendants Kaiser Permanente, Medipro Medical Staffing, Southern California Permanente Medical Group, Kaiser Foundat...

Excerpt: ...2021, Plaintiff dismissed Defendant Bryan Thomas without prejudice. The first three causes of action were asserted against Arianpour and the fourth cause of action was asserted against Thomas. On January 6, 2022, Judge Elaine Lu issued an order on Defendant Shawn Arianpour's demurrer to the complaint. Judge Lu sustained the demurrer without leave to amend as to the first and second causes of action and sustained the demurrer with leave to amend a...

Excerpt: ... warranty extensions, technical service bulletins and recalls” in California “concerning the TRANSMISSION DEFECT in vehicles of the same year, make, and model as the SUBJECT VEHICLE.” Request No. 19 shall be further limited to documents “concerning customer complaints, claims, reported failures, and warranty claims” in California “related to TRANSMISSION DEFECT, . . . and all documents concerning YOUR response to each complaint, claim...

Excerpt: ...agraphs 96, 101, 106, 110, 115, 119, 123, 127, 131, 136, 141, 146, 151, 156, 161, 165, 169, 174, as well as the prayer for punitive damages. The motion is DENIED as to paragraph 92 and MOOT as to paragraph 94. Defendant shall have 20 days to answer the First Amended Complaint. Background On April 4, 2022, Plaintiff Angel Basulto filed this employment action against Defendants Antelope Valley Medical Center, Alberto Dominguez, and Joe Lach. Plaint...

Excerpt: ...his counsel in the amount of $495.00, payable to Defendant Lennox Jewelry and Loan Inc. via its counsel of record within 60 days. (2) Defendant Pawn N Cash, Inc.'s Motion to Quash Deposition Subpoena to LASD is GRANTED. The July 18, 2022 subpoena issued to the Los Angeles Sheriffs Department related to Defendant Pawn N Cash, Inc. is quashed in its entirety. Pursuant to Code of Civil Procedure section 1987.2(a), the Court imposes sanctions against...

Excerpt: ...leges Defendant Fraiser Ross promised to share proceeds from their partnership and two lawsuits Ross was involved in. After the parties created a successful business, Ross allegedly looted Kitross Apparel Los Angeles, LLC and secretly settled the portions of the lawsuits to avoid paying Plaintiff. On November 18, 2020, Plaintiff filed the operative First Amended Complaint, (“FAC”), asserting causes of action for: (1) intentional misrepresenta...

Excerpt: ... Defendants Doherty & Catlow, a Law Corporation, John Doherty, Paul F. Sullivan, and James T. Catlow. The First Amended Complaint asserts causes of action for: (1) breach of lease, (2) breach of fiduciary duty, (3) approval of illegal distributions, (4) receipt of illegal distributions, (5) fraudulent transfer in violation of Civil Code § 3439.04(a)(1), (6) fraudulent transfer in violation of Civil Code § 3439.04(a)(2), (7) transfer in violatio...

Excerpt: ...the terms of the parties Sponsorship Agreement. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and Rokit Phone Company, LLC as Does 1-3. On June 21, 20...

Excerpt: ...utomotive Sales, Inc. dba Tom Bell's Redlands Chrysler Dodge Jeep Ram (erroneously sued as Tom Bell's Redlands Chrysler Dodge Jeep Ram) (“Tom Bells”). The complaint alleged Plaintiffs purchased a 2010 Chrysler Town and Country from Tom Bells on April 28, 2010. The complaint alleges the vehicle suffered dozens of defects, including with the Totally Integrated Power Module (“TIPM”). The complaint asserts causes of action for: (1) violation ...

Excerpt: ...Conveniens is DENIED. Specially Appearing Defendants Stuart Johnson and Success Partners, Inc.'s Motion to Quash Service of Summons for Lack of Personal Jurisdiction is taken OFF-CALENDAR at the request of the moving parties. Background On February 28, 2022, Plaintiff Verb Technology Company, Inc., a Nevada Corporation, filed this action against Stuart Johnson and Success Partners, Inc., a Texas Corporation. The complaint asserts causes of action...

Excerpt: ...oyment action against Defendants Los Angeles Produce Fresh, LLC and Los Angeles Produce Distributors, LLC. The complaint asserts fourteen causes of action under FEHA, the Labor Code, and common law. Motion On March 7, 2022, Defendants Los Angeles Produce Fresh, LLC and Los Angeles Produce Distributors, LLC filed the instant motion to compel Plaintiff's claims to arbitration and stay the litigation. Opposition In opposition, Plaintiff contends Def...

Excerpt: ...unty of Los Angeles. Plaintiff filed the First Amended Complaint on February 24, 2021 asserting causes of action for: (1) refund of property tax overpayments; (2) violation of California Constitution Art. XIII A, sections 1 and 2; (3) determination of a reversal of assessments; (4) declaratory relief; and (5) unjust enrichment. On February 1, 2022, the Court reclassified this action as an unlimited jurisdiction case and transferred the action to ...

Excerpt: ... 2021 responses to Defendant Min Chul Jeon's Request for Production of Documents, Set No. One within 30 days. Pursuant to Code of Civil Procedure section 2031.320(b), the Court imposes sanctions against Plaintiff/Cross- Complainant Dahada Service America, Inc. and its counsel of record in the amount of $468.91 payable to Defendant/Cross-Complainant Min Chul Jeon via their attorney of record within 60 days. (2) Defendant/Cross-Complainant Min Chul...

Excerpt: ...MD, Leon Kiraj, DDS, Liana Muradyan, DDS, Kiraj & Muradyan Dental Corporation, and Infinite Dental Wellness. The complaint asserted causes of action for: (1) professional negligence; (2) elder abuse; (3) willful misconduct; (4) negligent infliction of emotional distress; and (5) loss of consortium. The complaint alleges Plaintiff Lynn Swensen underwent a dental procedure on December 18, 2020, which was performed by Defendant Kiraj. Plaintiff noti...

Excerpt: ... in damages. Demurrer On July 6, 2022, Defendant Steve Barnett filed a demurrer to the complaint arguing the Plaintiff fails to adequately allege breach of the agreement. Opposition In opposition, Plaintiff contends the note is payable on demand and the Court may reform the contract if necessary. Reply In reply, Defendant reiterates his contention that he is not in breach of the agreement because he made the payments required by the loan and ther...

Excerpt: ... shall have 20 days leave to amend. Background On April 6, 2022, Plaintiff John Chiu filed this action against Defendants Handoko Widjaja Chen A.K.A. Han Widjaja Chen A.K.A. Han Chen, and Gig Real Estate Inc. dba Growth Investment Group. The complaint asserted causes of action for: (1) breach of fiduciary duty; (2) fraud and deceit; (3) elder abuse—financial abuse; (4) elder abuse—physical abuse; and (5) elder abuse—neglect. Plaintiff, an 8...

Excerpt: ...8 Chevrolet Silverado vehicles “in California” involving the same “conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE to YOU or YOUR authorized repair facility for repair.” The Court also limits Requests Nos. 34 and 35 to TSBs and recalls issued for vehicles in California of the same year, make, and model as the SUBJECT VEHICLE related to the conditions, defects, or nonconformities for which Plaintif...

Excerpt: ...ors America, Inc. and Trophy of Carson, LLC dba Kia of Carson. The First Amended Complaint asserted causes of action for: (1) Violation of Song-Beverly Act - Breach of Express Warranty; (2) Violation of Song-Beverly Act - Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; (4) Fraudulent Inducement – Intentional Misrepresentation; (5) Fraud in Performance of Contract – Intentional Misrepresentation; and (6) Negligent Repair...

Excerpt: ...t asserted causes of action for: (1) constructive fraud, (2) fraudulent concealment, (3) fraudulent inducement/misrepresentation, (4) breach of contract, (5) breach of contract, (6) breach of the implied covenant of good faith and fair dealing, and (7) negligence, (8) violation of Business & Professions Code §§ 17200, et seq., and (9) declaratory relief. The complaint alleges that Plaintiff entered into a Property Management Agreement with Defe...

Excerpt: ...ule on improperly combined motions and will take them off calendar. Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One; Form Interrogatories – Employment and Form Interrogatories - General and Request for Sanctions is GRANTED, in part. The motion is MOOT as to Requests for Production Nos. 2, 5, and 7-15, Form Interrogatories – Employment Nos. 200.1, 200.3, 200.4 – 200.6, 201.1, 201.6,...

Excerpt: ...-29, 31-32, and 35-42 violate Civil Code section 3295(c). (Opp. at 9:14-12:11.) Civil Code section 3295(a) provides: “[t]he court may, for good cause, grant any defendant a protective order requiring the plaintiff to produce evidence of a prima facie case of liability for damages pursuant to Section 3294, prior to the introduction of evidence of: (1) The profits the defendant has gained by virtue of the wrongful course of conduct of the nature ...

Excerpt: ...) violation of Labor Code section 1102.5; (2) wrongful termination in violation of public policy; (3) defamation and defamation per se; (4) failure to pay wages/minimum wages & liquidated damages; and (5) failure to pay wages at time of termination. Plaintiff alleges he began working for Defendants as a manager in 2003 and served as the Director of Operations from 2013 to his termination in September of 2020. Demurrer On February 17, 2022, Defend...

Excerpt: ...ul death, are ordered to arbitration. The action is STAYED as to all claims against Defendant Silverscreen Healthcare, Inc. only, other than the fourth cause of action for wrongful death, pending the outcome of arbitration. Today's Case Management Conference and OSC re Proof of Service are CONTINUED to September 6, 2022 at 8:30 a.m. Background On January 18, 2022, Plaintiffs Skyler Womack, by and through his successor in interest Jonie Holland, J...

Excerpt: ...f and her Attorney of Record TENTATIVE RULINGS: Defendants' Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set Two; Request for Sanctions in the Amount of $1,996.00 against Plaintiff and her Attorney of Record is OFF-CALENDAR at the request of the moving parties. Defendant Rockport Administrative Services' Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set One; Request for Sanctions in the A...

Excerpt: ...liant 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 filed a cross-complaint against Plaintiff asserting causes of action for: (1) fraudulent misrepresentation; (2) negligent misrepresentatio...

Excerpt: ...s to Christina Sauverdez, Maria Ayestas, Martha Mendez Sosa, Patricia Ferguson, R. Villagrade, Sheilah Hernandez, and Steven Byan. The Court orders Defendant to produce Christina Sauverdez, Maria Ayestas, Martha Mendez Sosa, Patricia Ferguson, R. Villagrade, Sheilah Hernandez, and Steven Byan to sit for their depositions no later than October 31, 2022. The request for sanctions is DENIED. Background On July 18, 2018, Plaintiff Tabitha Lawson file...

Excerpt: ...ow to complete the sale of real property. The clerk entered Defendant's default on August 19, 2019 and the Court entered default judgment on January 10, 2020. On May 13, 2021, Defendant filed its first motion to set aside and vacate default and default judgment contending he was not personally served with process and had no knowledge of the proceeding until he received notice of levy from the bank. On November 8, 2021, the Court denied Defendant'...

Excerpt: ...ent. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and ROKiT Phone Company, LLC as Does 1-3. On June 21, 2022, the Court issued an order providing “...

Excerpt: ...n Somalia, alleges he began his employment with Defendant in November 2018, and was terminated on May 8, 2020 after Defendant engaged in a series of discriminatory and retaliatory actions. The complaint asserts causes of action for: (1) national origin discrimination; (2) racial discrimination; (3) disability discrimination; (4) failure to prevent discrimination; and (5) retaliation. Motion On July 22, 2022, Plaintiff filed his motion to continue...

Excerpt: ...nst Plaintiff and her Attorney of Record TENTATIVE RULINGS: (1) Defendant Shlomo Rechnitz's Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set One; Request for Sanctions in the Amount of $1,886.00 against Plaintiff and her Attorney of Record is GRANTED. Pursuant to Code of Civil Procedure section 2030.300(d), the Court imposes sanctions against Plaintiff and her counsel of record, jointly and severally, in the amount o...

Excerpt: ...ow to complete the sale of real property. The clerk entered Defendant's default on August 19, 2019 and the Court entered default judgment on January 10, 2020. On May 13, 2021, Defendant filed its first motion to set aside and vacate default and default judgment contending he was not personally served with process and had no knowledge of the proceeding until he received notice of levy from the bank. On November 8, 2021, the Court denied Defendant'...

Excerpt: ...2 at 8:30 a.m. Background On December 28, 2021, Plaintiff Sarah Costello filed this employment action against Defendants Lowe's Home Centers, LLC, Lowe's Companies, Inc., Lowe's Home Improvement, LLC., and Fabiola Garcia. The complaint asserts thirteen causes of action, including claims for discrimination, harassment, retaliation, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, harassment, ...

Excerpt: ...ent. On July 29, 2021, Defendant filed a Notice of Stay of Proceedings due to the filing of a bankruptcy petition. On January 25, 2022, the Court an entered order staying the entire action as of July 29, 2021. On January 27, 2022, Plaintiff filed three fictitious name amendments to the complaint adding Defendants Jonathan Kendrick, Clinton Ehrlich, and ROKiT Phone Company, LLC as Does 1-3. On June 21, 2022, the Court issued an order providing “...

Excerpt: ...es Insurance Company, John Christopher Murawski, Myrna Gonzales Murawski, Workshop Kitchen & Bar, LLC, Madison Maquette, Good Times, LLC, and Jamison Properties. Plaintiff alleges it performed work on two properties pursuant to contracts with general contractors Calasia Construction, Inc., John Christopher Murawski, and Myrna Gonzales Murawski. The complaint asserts causes of action for: (1) breach of contract; (2) services rendered; (3) unjust e...

Excerpt: ...aintiffs' that the Court required a certified copy of the promissory note at issue. On July 5, 2022, Plaintiffs filed the “Declaration of Sucha Nicolosi and Claudio Nicolosi on Affidavit of Filing Promissory Note.” 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 f...

Excerpt: ...t No. 63). Requests Nos. 68 and 69 shall be further limited to EWR and TREAD reports concerning “ENGINE DEFECT(S) and BRAKE DEFECT(S) in CHEVY VEHICLES” as those terms are defined in Plaintiff's discovery requests. The remaining requests are properly tailored to the issues in this case. Defendant is ordered to serve further verified, code compliant responses to Requests Nos. 1, 7, 17, 20, 22, 23, 24, 25, 26, 29, 31, 32, 33, 34, 48, 50, 63, 64...

Excerpt: ...Deposition of Stephen Howe TENTATIVE RULING: Defendant Anthem Blue Cross Life and Health Insurance Company's Motion to Compel: (1) Deposition of Person Most Knowledgeable on Topic Nos. 4, 7, 8, 10, 12, 15 and 17; (2) Completion of Deposition of Person Most Knowledgeable on Topic Nos. 6, 9, 11 and 16; (3) Testimony and Relevant Documents Related to the UCLA Review; and (4) Completion of Deposition of Stephen Howe is GRANTED in part. The motion is ...

Excerpt: ...efendant is residing in one of Plaintiff's residential units without a lease agreement. The parties previously litigated a forcible detainer action 20STUD03600 Roxbury Lane LP vs Jennifer Gulotta in which the jury returned a verdict in favor of Defendant Gulotta. Demurrer On June 17, 2022, Defendant filed the instant demurrer to the only cause of action asserted in the FAC on the grounds that it fails to state a cause of action and is uncertain. ...

Excerpt: ...laintiff may file a first amended complaint within 20 days as this is the first pleading challenge. Background On May 12, 2022, Plaintiff California Loan Servicing, LLC filed this action against Defendants Sideways Properties, LLC, Bowery Fort Myers, LLC, First American Title Company, Daniel Neary, Thomas Neary, Pogback Real Estate, LLC, and So You're Telling Me There's a Chance, LLC (“SYTMTAC”). The Complaint asserts causes of action for: (1...

Excerpt: ...l responsive documents within 30 days. To the extent defendant claims a privilege over any of the responsive documents or information, it shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege claimed. The responses should otherwise be free of objections. Pursuant ...

Excerpt: ...led this action against the California Department of Veterans Affairs. Plaintiff, a Muslim man born in Somalia, alleges he began his employment with Defendant in November 2018, and was terminated on May 8, 2020 after Defendant engaged in a series of discriminatory and retaliatory actions. The complaint asserts causes of action for: (1) national origin discrimination; (2) racial discrimination; (3) disability discrimination; (4) failure to prevent...

Excerpt: ...s Police Federal Credit Union, Shannon Graham, Nury Frost, and Cynthia Padilla. Plaintiff filed the First Amended Complaint on May 12, 2022 which asserts nine causes of action arising out of Plaintiff's employment. The FAC asserts causes of action for sex and gender based FEHA violations, assault, sexual battery, whistleblower retaliation, Labor Code break violations, violation of Business and Professions Code section 17200, and intentional infli...

Excerpt: ...ages based upon the $3,999.00 security deposit, $3,999.00 for August 2021 rent, $2,025.67 for the portion of September 2021 rent, $299.00 for the portion of October 2021, and $400.00 for services not provided. Plaintiff must provide a new judgment consistent with damages of $10,722.67 as well as new calculations for prejudgment interest and attorneys' fees consistent with this damage amount. Background On December 22, 2021, Plaintiff Jeff Fan fil...

Excerpt: ...end. Background On April 28, 2022, Plaintiff Sudha Rai filed this action against Defendants Silicon Beach Testing Labs, LLC, Bahaeddin Hassan, and Brian Franco asserting causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. The complaint alleges Plaintiff and Defendants entered into a purchase and sale agreement whereby Defendants would pay Plaintiff $805,000.00 for all of Plaintiff's equity in...

Excerpt: ... is advanced and vacated. Background On March 9, 2018, Plaintiff Rafael David Miranda filed a complaint against Andres Contreras, Richard Lopez, Irma Lopez, Jose A. Leon, LMM Real Estate, Inc., 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 thereto. On July 30, 2018, Plaintiff filed a First Amended Complaint. On March 22, 2021...

Excerpt: ...022 at 8:30 a.m. Background On January 23, 2019, Plaintiffs Rene Aguero and Computer Institute of Technology, Inc. filed this action against Randy Doten. On August 19, 2019, Plaintiffs filed a First Amended Complaint asserting causes of action for: (1) breach of written contract; (2) fraud; (3) rescission; (4) unfair business practices; (5) intentional interference with prospective economic advantage. Plaintiff Aguero alleges they operated the Co...

Excerpt: ...in the amount of $110.00, payable to Defendant within 30 days. Background On June 29, 2021, Plaintiff Heidari Law Group, P.C. filed this action against Defendant Mesriani Law Group. The complaint alleged five causes of action: (1) conversion, (2) intentional interference with contractual relations, (3) intentional misrepresentation, (4) negligent misrepresentation, and (5) breach of fiduciary duty. Plaintiff alleges that the Plaintiff represented...

Excerpt: ...each of contract; (6) restitution; and (7) accounting. Plaintiff seeks to avoid a 1988 amendment to the Declaration of Covenants, Conditions, and Restrictions of Monir Condominiums. Motion On January 7, 2022, Plaintiff Anvar Sadeghpour filed a motion for summary adjudication seeking “summary adjudication in favor of SADEGHPOUR on the first causes of action in the Complaint for declaratory relief against the ASSOCIATION as follows: - Issue 1: Th...

Excerpt: ...n as well as in 21STCV38453 and 22STCV02995. (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 trustee of the Hubert J. Bordenave Revocable Trust, filed this action against De...

Excerpt: ...partment of Building & Safety. The Complaint asserts causes of action for: (1) trespass; (2) nuisance; (3) negligence; and (4) declaratory relief. Plaintiffs allege Defendants Varouj Giragossian and Carman Giragossian constructed a block wall that encroached on Plaintiffs' property without Plaintiffs' consent and without building permits. Only the fourth cause of action for declaratory relief is asserted against Defendant City of Los Angeles. On ...

Excerpt: ...ct Subpoena for Production of Business Records to Service Employees' International Union Local 99; Request for Attorney's Fees and Sanctions Against Defendants and/or their Attorneys of Record in the Amount of $3600. TENTATIVE RULINGS: (1) Plaintiff's Motion to Quash Defendant Los Angeles Unified School District Subpoena for Production of Business Records to Kaiser Permanente Empire Corporate Plaza Central ROI Unit; Request for Attorney's Fees an...

Excerpt: ...March 16, 2011, Plaintiff State Farm Mutual Automobile Insurance Company filed a complaint for subrogation recovery against Defendant Jose Armando Perez based upon an automobile collision involving Defendant and Plaintiff's insureds. On May 29, 2012, the parties filed a stipulation for settlement and order and the Court entered the parties' “Order Regarding for Settlement.” Motion Plaintiff State Farm Mutual Automobile Insurance Company moves...

Excerpt: ...d Complaint. TENTATIVE RULINGS: The motion to quash in person deposition of Gloria Baldwin, or in the alternative, motion for protective order per CCP 2025.410(c) and 2025.420 is GRANTED. The parties are ordered to proceed with Gloria Baldwin's deposition via remote means within 30 days. Specially Appearing Defendant Gloria Baldwin's Motion to Quash for Lack of Personal Jurisdiction Directed to First Amended Complaint is CONTINUED to enable the p...

Excerpt: ...ended Complaint on November 30, 2020 and a Second Amended Complaint against Pockman only on May 10, 2021. The SAC asserted 22 causes of action arising out of Plaintiff's tenancy at a residential property owned and managed by Pockman. On October 8, 2020, Defendant Pockman filed a Cross-Complaint against Emily Jackson, Drew Alec Bashen, and Alycia Rubio. Pockman filed a First Amended Cross-Complaint on May 19, 2021 and a Second Amended Cross-Compla...

Excerpt: ... discrimination and retaliation; (4) declaratory judgment; (5) violation of the Equal Pay Act; (6) retaliation in violation of the Equal Pay Act; and (7) retaliation under Labor Code sections 1102.5 and 1102.6. Plaintiff alleges she began working for Defendant on April 17, 1997 and was constructively terminated on November 2, 2020. Motion On June 24, 2022, Defendant filed the instant motion for judgment on the pleadings arguing Plaintiff failed t...

Excerpt: ...LINGS: (1) Plaintiff Heidari Law Group's Motion to Compel Defendant to Provide Further Responses to Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $1,750 is GRANTED as to Form Interrogatory No. 4.1 and DENIED as to Form Interrogatory No. 17.1. Defendant is ordered to serve a further verified response to Form Interrogatory No. 4.1 without objection within 20 days. (2) Plaintiff Heidari Law Group's Motion to Compel D...

Excerpt: ..., (4) Intentional Misrepresentation, (5) Negligent Misrepresentation, (6) Cancellation of Instrument, (7) Constructive Trust, (8) Breach of Oral Contract, and (9) Quiet Title. Plaintiffs allege that Defendant wrongfully obtained a Quit Claim Deed of the subject property from their mother prior to her death. Plaintiffs allege that Defendant is intending to sell the subject Property but is not sharing the profits, despite the Plaintiffs contention ...

Excerpt: ...ief and set for hearing on January 3, 2023 is advanced and vacated. An OSC re Proof of Service and Case Management Conference is scheduled for September 15, 2022 at 8:30 a.m. Background On March 17, 2021, Plaintiff William Bryan filed this action in propria persona against numerous defendants. The complaint, captioned “complaint for damages and declaratory and injunctive relief and demand for jury trial,” does not contain any separately state...

Excerpt: ..., Amber Awni, and Conor Murphy filed this action against Defendants Lion Real Estate Group LLC, Lion Reseda LLC, and Lion Terraces LLC. The complaint alleged three causes of action: (1) breach of contract, (2) breach of the covenant of good faith and fair dealing/breach of warranty of habitability, trespass, and (3) fraud, negligent misrepresentation, concealment. On August 18, 2021, Defendants filed a demurrer to the second cause action for tres...

Excerpt: ...fwood LLC filed a complaint against Defendant 170 Cliffwood LLC for (1) negligence and (2) trespass. On November 10, 2021, the Court (Judge Mooney in Dept. 68) denied Plaintiff's motion for trial preference without prejudice. On March 24, 2022, default was entered against Defendant. On June 23, 2022, the Court granted Defendant's motion to set aside the entry of default and continued the hearing on the instant motion to July 12, 2022. Motion Plai...

Excerpt: ... Inc. and Asta Pacific Healthcare Corp. are hereby stricken from the cross- complaint filed on July 22, 2019. Concise Care Group, Inc. is hereby stricken from the answer filed on July 22, 2019 and its default is entered as of this date. Background On May 20, 2019, Plaintiff Amelia Campbell filed this action against Defendants Channon Watkins, Cedric Watkins, and Concise Care Group, Inc. arising out of the purchase of Asta Pacific Healthcare Corp....

Excerpt: ..., Defendant and its counsel of record are ordered to pay sanctions in the amount of $1,830.00 to Plaintiff via his counsel of record within 30 days. Background On October 19, 2020, Plaintiff Erick Paredes filed a complaint against Defendant American Honda Motor Co., Inc. The complaint alleged four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, (...

Excerpt: ...ndant Alliance Communities, Inc., 5445 Lankershim Boulevard Apartment Investors, LLC, NOHO 14. The First Amended Complaint asserts causes of action for: (1) Conversion, (2) Trespass to Chattel, (3) Breach of Contract, (4) General Negligence, (5) Constructive Eviction, and (6) Violation of Business and Professions Code § 17200. Plaintiffs allege that after a pipe burst in the Plaintiff's unit, the Defendants needed to enter the repair. However, a...