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