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: ...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: ... 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: ...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: ... 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: ... 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: ...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: ...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 ...