Excerpt: ...n of Business Records Issued to Kaiser Permanente, Request for Monetary Sanctions is GRANTED. The Court imposes sanctions against Plaintiffs and their counsel of record, jointly and severally, in the amount of $3,150.00 payable to Defendant, via its counsel of record, within 60 days. Background On July 28, 2020, Plaintiffs Reference Watch LLC, Courtney Ormond, and Leszek Garwacki filed this action against Defendant Jewelers Mutual Insurance Compa...

Excerpt: ...om Bell's Redlands Chrysler Dodge Jeep Ram) (“Tom Bell”) 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 (Civ. Code, § 1791.2, Subd. (a); § 1794), (5) breach of implied warranty of merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (6) fraudulent in...

Excerpt: ...eement, and the 2015 Agreement states it supersedes all prior arbitration agreements, (Rubalcava Decl. Ex. B § 6), the Court orders the parties to arbitration pursuant to the terms of the 2015 Agreement. This action is STAYED pending the outcome of arbitration. A Status Conference re Initiation of Arbitration is scheduled for August 11, 2022 at 8:30 a.m. Background On November 18, 2021, Plaintiff Jose Antonio Cordova filed this action against De...

Excerpt: ...e request to strike either the sixth or eighth cause of action as duplicative, as well as paragraphs 71 and 84 and otherwise DENIED. Background On October 15, 2021, Plaintiff Jane Doe filed this action. The operative Second Amended Complaint, (“SAC”), names Empire View Homes, LLC, CREI Manager, LLC, and Steven Raymond Short as Defendants. The SAC asserts twelve causes of action arising out of Plaintiff's tenancy at a residential property owne...

Excerpt: ...or any cloud on Plaintiff's title thereto. The First Amended Complaint, filed on March 19, 2021, asserted causes of action for: (1) quiet title; (2) intentional interference with contract; (3) negligent interference with contract; (4) intentional misrepresentation; (5) declaratory relief; (6) breach of oral agreement; (7) retaliation in violation of public policy; (8) undue enrichment; and (9) money had and received. Plaintiff alleged that Defend...

Excerpt: ...e causes of action: (1) Financial Elder Abuse, (2) Accounting, (3) Conversion, (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 subjec...

Excerpt: ...ex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninhabitable conditions at the Property which was managed by Tur...

Excerpt: ... April 3, 2023 at 8:30 a.m. and the trial is CONTINUED to April 17, 2023 at 10:00 a.m. Background On February 10, 2020, Plaintiff Sergey Knazev filed this action against Proactive Construction, LLC, Donnie Matthew Stallman dba “Proactive Construction”, and Business Alliance Insurance Company, as Surety for Proactive Construction, LLC asserting claims for breach of contract, negligence, fraud, conversion, declaratory relief, and unfair competi...

Excerpt: ...ntiff Joseph Scamardo, by and through his Successor in Interest Briana Scamardo, filed this action against Defendants Pacific View of Ventura, Inc. and Yaacov Isaacs. The complaint asserts causes of action for elder abuse, negligent hiring and supervision, and negligence arising out of Joseph Scamardo's residence in Defendants' residential care facility. Motion to Compel Further Responses Plaintiff moves the Court to compel further responses to S...

Excerpt: ...., 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, after entering it, the Defendant...

Excerpt: ... After several Doe substitutions, the Complaint asserts causes of action for breach of employment agreement and declaratory relief against Defendants Kaiser Permanente, Medipro Medical Staffing, Southern California Permanente Medical Group, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and AMN Healthcare, Inc. APlaintiff alleges she is a Registered Nurse, immediately employed by Medipro, who entered into a written employment c...

Excerpt: ...ons to tax. Background On April 9, 2019, plaintiffs Bryan Albright and Tracy Germain (“Plaintiffs") filed a complaint against defendants Mercedes-Benz USA, LLC, and Keyes European, LLC, alleging breach of express and implied warranty obligations under the Song-Beverly Consumer Warranty Act. On September 20, 2021, Plaintiff filed a Notice of Settlement of Entire Case. Motion On June 3, 2022, Plaintiffs filed the instant motion for attorneys' fee...

Excerpt: ...ywood Blvd. Los Angeles, CA 90028. Motion On April 18, 2022, Specially Appearing Defendant Diego Gonzalez filed a motion to quash service of summons and complaint arguing Plaintiff failed to serve him via personal service or substitute service as alleged in the proof of service of summons filed on March 10, 2022. Evidentiary Objections Each of Defendant's evidentiary objections in reply are OVERRULED. Request for Judicial Notice In opposition, Pl...

Excerpt: ...ess Records to Betty J. Smith; Request for Attorney's Fees and Sanctions Against Defendants and/or Their Attorneys of Record in the Amount of $3600 is DENIED in its entirety. The Court declines to impose sanctions. Background On July 18, 2018, Plaintiff Tabitha Lawson filed a complaint against Defendant Los Angeles Unified School District. The complaint alleged eight causes of action: (1) Discrimination, (2) Failure to Reasonably Accommodate, (3)...

Excerpt: ...ndividually and as trustee of the Stewart Family Trust, the Stewart Family Trust, and Robert Stewart. The complaint asserted causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) declaratory relief; (4) specific performance; (5) unjust enrichment; and (6) violation of Civil Code section 1942.5. On October 5, 2021, the Court issued its ruling after trial. The Court entered judgment on ...

Excerpt: ...., Kitross Apparel Los Angeles, LLC, and Christopher Lee. Plaintiff alleges 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, (“...

Excerpt: ...d This action arises from Defendant's tree roots crashing onto Plaintiff's property, causing damages. On August 11, 2021, Plaintiff Mary J. Kling, individually and as assignee of Cliffwood 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 ag...

Excerpt: ...int alleged three causes of action: (1) Recovery of Possession of Personal Property, (2) Conversion, and (3) Violation of Penal Code § 496(b). Plaintiff owns an antique business and buys and sells various items. Plaintiff's business was burglarized and some of the items stolen were listed by Defendant pawn shops on eBay. Defendants have failed to withdraw claim to title and/or possession of two of the stolen items. Plaintiff moves the Court for ...

Excerpt: ...l 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 Defendants...

Excerpt: ...ponses without objection consistent with the Court's ruling herein within 20 days. Background On August 22, 2019, Plaintiff The Wonderful Company LLC, on behalf of itself and other similarly situated, filed a complaint against Defendants Anthem Blue Cross Life and Health Insurance Company and Lucile Packard Children's Hospital Standard. The operative First Amended Complaint asserts causes of action for: (1) breach of the implied covenant of good ...

Excerpt: ... a single cause of action for malicious prosecution arising out of allegations that Defendants initiated a civil action, LASC Case No. BC715411, for breach of warranty of habitability, negligence, nuisance, and intentional infliction. Plaintiffs allege that case should not have been filed because a binding settlement agreement related to a prior unlawful detainer action precluded such claims. Plaintiff Levik Amirkhanian It appears Plaintiff Levik...

Excerpt: ...2.1, 12.6, and 12.7 within 20 days. Defendant Shlomo Rechnitz and his counsel of record, jointly and severally, are ordered to pay sanctions to Plaintiff , by and through counsel of record, in the amount of $1,110, within 20 days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem, Megan Frilot filed this action against Defendants Shlomo Rechnitz, The Healthcare Center of Down, LLC, Rechnit...

Excerpt: ...ldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michael Taylor, and Benjamin Martinez: (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints); (2) wrongful termination of employment in violation of Labor Code § 1102.5 (fraud complaints); (3) discrimination on the basis of race in violation of FEHA; (4) harassment on the basis of race in violation of FEHA; (5) retaliation on the basis of...

Excerpt: ...s action were residents the previously noted apartment complex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninh...

Excerpt: ...ns; Baskin-Robbins USA, LLC (a Delaware corporation); Mohammed Isfaq Khah, and Does 1-50. The Complaint alleges the following: 1. Harassment based on Sexual Orientation (Gender) (Govt. Code § 12940(j)1) 2. Disparate Treatment (Gender Discrimination) (Govt. Code § 12940(a)) 3. Failure to Prevent Harassment in Violation of Government Code Section 12940(k) 4. IIED 5. Civil Assault 6. Constructive Termination 7. Retaliation in Violation of Governme...