Excerpt: ...ppears that the Director Defendants failed to: · lodge an unredacted version of the first amended complaints (“FACs”) conditionally under seal; and · submit redacted versions for the public file. The Court has not been able to locate these documents. The Court orders the Director Defendants to comply with these requirements. BACKGROUND At issue is the Director Defendants' motion to seal a portion of: · paragraph 603 in the FAC in Arriaza v...

Excerpt: ...nd the designated reviewing court is the Second Appellate District. Petitioner's stay request is granted. RELEVANT PROCEDURAL HISTORY Macy's submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of the following cases (the “Coordination Cases”): · Kamel v. Macy's Retail Holdings, LLC, Case No. RG1104047 (Alameda Superior Court); · Valdovinos v. Macy's West Stores, Inc., Case No. 20STCV04053 (Los Angeles S...

Excerpt: ...demurrer to the second cause of action for human trafficking under Civil Code section 52.5 is sustained with leave to amend. The demurrer to the ninth cause of action for sexual harassment under Civil Code section 52.5 is sustained with leave to amend. The demurrer to the thirteenth cause of action for gender violence under Civil Code section 52.4 is sustained with leave to amend. BACKGROUND This is a Judicial Council Coordinated Proceeding invol...

Excerpt: ...M fails to show assent (the arbitration agreement fails to define “Company” and “Employee”). The Court declines to reach the choice-of-law and modification issues. BACKGROUND This is a purported class action. Plaintiff asserts causes of action for failure to pay overtime, failure to provide meal breaks, failure to provide rest breaks, failure to pay wages at separation, failure to provide accurate wage statements, and violation of Busines...

Excerpt: ...the amount of $2,500,000.00 to be paid from the gross amount. · Blasa Reyes's (“Reyes”) costs and Wendy Flores's (“Flores”) costs. [1] · Plaintiffs' request for costs for the settlement administrator in the amount of up to $62,000.00 to be paid from the gross amount. · Plaintiffs' request for incentive awards for Reyes and Flores to be paid from the gross amount, except the Court reduces the incentive awards to $10,000.00 each. [2] · ...

Excerpt: ...LLP, as Class Counsel are awarded $124,987.40 in attorney fees and $9,974.45 in costs.; (4) Class representative Adriana Hernandez is awarded an enhancement payment of $7,500; (5) The claims administrator, KCC, is awarded $31,500 in costs; (6) $11,250 (75% of $15,000 PAGA penalty) payable to the LWDA (¶41.d); and (7) Plaintiffs' counsel shall file a proposed Order and Judgement, consistent with this ruling the class definition and full release l...

Excerpt: ...ly comply with each item that applies to your case. The court requests the content of the motion follow the same order as this checklist, since that is how the judge and research attorney review the motion. I. MOVING PAPERS (Motion and Declarations) All facts submitted for the court to consider must be provided in the form of a declaration or other admissible evidence. The court will not consider facts stated only in the motion. A. Introductory I...

Excerpt: ...emurrer is overruled as to the unlawful prong. TVEP's demurrer is moot as to the unfair prong. BACKGROUND This is a putative class action. Plaintiff alleges that she made three trips to TVEP's emergency room. For two of the trips, Plaintiff claims TVEP balance billed her – i.e., billed her directly “for the difference between the bill[s] submitted and the payment[s] received” from her insurer. (Complaint, ¶ 2.) Plaintiff contends the alleg...

Excerpt: ...vide Plaintiffs an opportunity to file a motion to appoint Solis as Leal's successor in interest (the motion to be appointed must be filed and decided before the motion for leave to amend can be decided). The Court anticipates discussing a briefing schedule and new hearing date with the parties. BACKGROUND This is a putative class action. The operative complaint alleges wage-and-hour violations, meal-break violations, rest-break violations, etc. ...

Excerpt: ...ses of settlement; (2) The Court finds that the settlement is fair, adequate, and reasonable; (3) Class counsel, Shegerian & Associates, Inc., is awarded $33,333.33 in attorney fees and $4,418.50 in costs; (4) Class representative Barbara Felder is awarded an enhancement payment of $ 5,000 ; (5) The settlement administrator, Simpluris, Inc., is awarded $2,500 in costs; (6) Payment of $1,500 (75% of $2,000 PAGA penalty) payable to the LWDA is appr...

Excerpt: ...JN”) is granted in full. Element's objections to paragraphs 4 and 8 through 12 of Plaintiff's declaration are overruled. Element's objections to paragraphs 6 through 10 of Jarrett Gorlick's declaration are overruled. Element's objections to Plaintiff's trial plan are overruled. The objections constitute substantive arguments against the trial plan, not evidentiary objections. [2] Plaintiff's motion for class certification is granted. It is a pr...

Excerpt: ...s but not their truth. The motion to stay appears to be moot because Plaintiff represents that he intends to dismiss FedEx. At the hearing, the Court will ask counsel whether FedEx has been dismissed yet. If it has been dismissed by that time, the motion to stay will be moot. If it has not been dismissed, the Court will either set a date certain for dismissal or – if Plaintiff reneges on dismissal – provide FedEx an opportunity to submit a su...

Excerpt: ...rders the parties to provide supplemental briefing on the following issues: · The arbitration agreement's failure to define “Company” and “Employee.” · The arbitration agreement's “Connecticut law” provision. · Whether the arbitration agreement only permits PPM to modify the terms and provides remedies to PPM that are not available to Plaintiff. BACKGROUND This is a purported class action. Plaintiff asserts causes of action for fai...

Excerpt: ..., and overrule Defendant's objections 2, 3, 4, 5. [1] Deny summary judgment. Deny summary adjudication as to the first (failure to provide rest breaks) and fourth causes of action (violations of Business & Professions Code section 17200 (“UCL”)). Grant summary adjudication as to the fifth cause of action (failure to provide meal periods). Continue the hearing as to the second (failure to provide accurate wage statements) and third causes of a...

Excerpt: ...ner, 33 Taps, LLC ("Petitioner/Plaintiff"), submitted a petition to the Chairperson of the Judicial Council for pretrial coordination of 12 cases. The Included Actions are:  33 TAPS, LLC dba 33 Taps Hollywood v. County of Los Angeles, Case No. 20STCV47771 (Los Angeles Superior Court)  640 Tenth LP dba Cowboy Star Restaurant and Butcher Shop v. County of San Diego, Case No. 37-202 1-00001129-CU-MC-CTL (San Diego Superior Court)  Pizzeria ...

Excerpt: ...otion for Summary Judgment, or in the Alternative, Summary Adjudication OPPOSITION: Timely filed January 14, 2019 REPLY: Timely filed January 23, 2019 <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The court DENIES the motion. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ Background This case arises from allegati...

Excerpt: ...0056004c005700 0047[ <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The Unopposed Motion for Final Approval of Class Action Settlement is GRANTED for a Participating Class Member group that excludes the Class Members who did not receive notice because the notice packets were undeliverable. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003[<0003000300030003000300...

Excerpt: ...statutory meet and confer requirements or that the subject motion is timely. The Court DECLINES to award monetary sanctions against Plaintiff, finding that Plaintiff was substantially justified in bringing the subject motion. STATEMENT OF THE CASE This case arises in connection with workers' compensation policies that Plaintiff Carlos Mier (dba Mier's Ice Cream, “Mier”) allegedly had with Defendant Employers Compensation Insurance Company (�...

Excerpt: ...SITION: Timely filed January 15, 2019 REPLY: Timely filed January 22, 2019 <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ SUMMARY: The motion does not demonstrate a meaningful meet and confer as required by the statute, so the court CONTINUES the motion to February 19, 2019, and ORDERS the parties to further meet and confer regarding the subject discovery. Plaintiff is ORDERED to submit a declaration by...

Excerpt: ...RULING The Court OVERRULES the demurrers. The Court is inclined to GRANT the motions in-part with respect to Plaintiff's punitive damages claim and to otherwise DENY the motions. Defendants are further instructed to withdraw the entire requests for judicial notice documents and to file new versions of the documents that properly redact all sensitive information. Plaintiff is likewise instructed to withdraw the filed exhibits to the Complaint and ...

Excerpt: ...f to give notice STATEMENT OF THE CASE This employment action arises from allegations that Defendants The King's College and Seminary and The King's University (collectively “King's”) wrongfully discriminated against and terminated Plaintiff Amador Castaneda (“Castaneda”) on account of her disability and that it also committed wage and labor violations. In the Complaint, Plaintiff alleges ten causes of action for: (1) disability discrimin...

Excerpt: ...el N. Feuer OPPOSING PARTY: Defendants Cosmic Mind; Space Brain, Inc.; Space Brain, LLC; Fleet Feet Delivery, LLC; Andrew J. Gentile; Jennifer Gentile; and Eugene Andrew Gentile. COURT'S TENTATIVE RULING The court GRANTS Plaintiff's motion and awards civil penalties in the amount <0091008800030344037401 00030003000c00900003>sum, the court GRANTS Plaintiff civil penalties and costs in the amount of $700,152.30 against Defendants jointly and severa...

Excerpt: ...er 20, 2018 and ORDERS the parties to further meet and confer regarding the subject depositions. Plaintiff is to file a supplemental declaration by September 4, 2018, detailing the parties' meet and confer efforts. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This case arises from allegations that Plaintiff Dmitry Kim (“Kim”) sustained injuries while being lawfully present on a public sidewalk adjacent to and abutting the parki...

Excerpt: ...clined to DENY leave to amend. At the hearing, the parties should be prepared to discuss whether a reasonable possibility exists that the identified defect can be cured on amendment. Counsel for Defendant Deutsche Bank National Trust Co. to give notice. STATEMENT OF THE CASE This action arises from Defendant Deutsche Bank National Trust Company, as indenture trustee for Greenpoint Mortgage Funding Trust 2005-HE1 Asset Backed Notes, Series 2005-HE...

Excerpt: ...T. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This action arises in connection with the real property located at 935 Venezia Avenue, Los Angeles, CA 90291 (the “Property”), which is allegedly owned by Plaintiff Smadar Rees (“Rees”). Plaintiff filed the Complaint on June 4, 2018 and alleges that Defendants Marian Podpora (“Podpora”) and the City of Los Angeles (“City”) improperly issued an “Official Notice to Ga...

Excerpt: ... CASE This action concerns alleged violations of the California Safe Drinking Water and Toxic Enforcement Act, which is codified in Health and Safety Code, section 25249.5 et seq. (“Proposition 65”). The Act authorizes private enforcement actions to enjoin conduct violating the Act's provisions. Plaintiff Ecological Alliance, LLC (“EA”) filed suit alleging that Defendant Navitor, Inc. (“Navitor”) violated the Act through the manufactu...

Excerpt: ...ges and prejudgment interest sought. Plaintiff has also not properly executed the declaration of nonmilitary status on the Form CIV-100. Plaintiff may submit a new request for default judgment within 30 days of this order. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Summary of Complaint: Plaintiff Midway Rent a Car, Inc. (“Midway”) alleges that Defendant Minho Sam Song (“Song”) entered into two promissory notes with it, wh...

Excerpt: ...Brenntag Specialties, Inc.'s motion for summary judgment subject to modification depending on Plaintiff's arguments at the hearing on evidence that BSI's limestone product was a “substantial factor” in his injuries. As discussed below, Plaintiff does not present evidence of the frequency of exposure, regularity of exposure and the proximity of the product to plaintiff at the relevant exposure times. Counsel for Defendant to give notice. STATE...

Excerpt: ...f Defendant General Motors, LLC's Person(s) Most Knowledgeable with Production of Documents. STATEMENT OF THE CASE This is a lemon law action. Plaintiff Melissa sues Defendant General Motors LLC for (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act; and (2) Breach of Express Warranty under the Song-Beverly Warranty Act. On January 1, 2016, Plaintiff purchased a new 2016 Chevrolet Silverado for a total considera...

Excerpt: ...19, 2015 lis pendensexpunged. The motion is MOOT as to the May 5, 2015 lis pendens. The court DENIES Defendant's request for attorney's fees. Counsel for Defendant Etelaei to give notice. STATEMENT OF THE CASE The factual background to the case is set forth in the court's prior law-and-motion rulings. Plaintiff Fred Y. Hadaegh filed this action to collect on a judgment entered in his favor against Defendant Shahzad Khaligh (“Khaligh”). Plaint...

Excerpt: ...owner and CEO of Defendant Ben Jewelry. Plaintiff Anthony Amatullo (“Plaintiff”) and defendant Yossi Dina (“Dina”) became friends in the 1980s. Dina is the owner and CEO of Defendant Ben Jewelry. As Dina's business grew, he borrowed money from Plaintiff. Plaintiff entered into multiple loan agreements (collectively, “Loan Agreements”) with Dina and/or Ben Jewelry (“Defendants”) throughout the years. Under these agreements, Plainti...

Excerpt: ...y, LLC and Shirin Hekmat, M.D. OPPOSING PARTY: Plaintiff People of the State of California, ex rel. State Farm Mutual Automobile Insurance Company COURT'S TENTATIVE RULING The court DENIES the motion. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants Beverly Hills Center for Arthroscopic and Outpatient Surgery, LLC (“Beverly Hills”), Shirin Hekmat, M.D. (“Hekmat”) and Toby Robins...

Excerpt: ...The court GRANTS the motion and AWARDS Defendants $1,985 in monetary sanctions against Plaintiff Austreberto Vargas to compensate Defendants for the attorney's fees and costs incurred due to Plaintiff's failure to appear at the two noticed depositions and for the subject motion. Counsel for Defendants to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants National Default Servicing Corporation (“National Defau...

Excerpt: ...r to the fourth cause of action. At the hearing, Defendant Chase should be prepared to discuss whether the accompanying Hyatt Declaration is sufficient to meet the requirements of Code of Civil Procedure, section 430.41, subdivision (a), and the parties should be prepared to discuss whether a reasonable possibility exists that Plaintiff can cure the identified defects, in light of the deemed admissions. Counsel for Defendant JPMorgan Chase Bank, ...

Excerpt: ...dgment in its entirety. Counsel for Plaintiff Debra Savala to give notice. STATEMENT OF THE CASE This action arises from Plaintiff Debra Savala (“Savala”)'s allegedly wrongful termination from Wells Fargo Bank, National Association (“Wells Fargo”).[1] Savala alleges that she was forced to take a medical leave of absence on December 19, 2014 and that Defendants wrongfully filled her position in July 2015 while she was on leave and in subse...

Excerpt: ...e. STATEMENT OF THE CASE This case arises in connection with Plaintiffs Adam and Mindy Caplan (collectively the “Caplans”)'s alleged purchase of a 2011 Chrysler Town and Country vehicle on March 19, 2011 (the “Subject Vehicle”), which was allegedly manufactured and/or distributed by Defendant FCA US, LLC (“FCA”). The Subject Vehicle allegedly contained or developed defects during the warranty period including, but not limited to, elec...

Excerpt: ... second and third affirmative defenses with 20 days leave to amend. The court SUSTAINS the demurrer to the thirty-ninth and forty- third affirmative defenses without leave to amend. The demurrer is otherwise OVERRULED. Counsel for Defendant the City of Los Angeles to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendant the City of Los Angeles (“City”) wrongfully denied Plaintiff Angelique Pinkstaff (“Pinkstaff...

Excerpt: ...intiffs are to file the proposed SAC within 5 days of this order. The court VACATES the currently scheduled dates of the final status conference and trial and sets a trial setting conference for October 1, 2018. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This action arises out of Givner & Kaye, Bruce Givner, and Owen Kaye's alleged legal malpractice and breach of fiduciary duty in connection with a tax and estate plan they develo...

Excerpt: ...a Sieu Ngu [1] COURT'S TENTATIVE RULING The court GRANTS Defendants Mylinh Kha and Ethan Kha's motion for an order quashing Plaintiff's civil subpoenas for the production of documents to nonparties AT&T Mobility LLC and T-Mobile USA, Inc. The court DECLINES to award monetary sanctions to Defendants and against Plaintiff and her counsel Nghiem, jointly and severally. Counsel for Defendants to give notice. STATEMENT OF THE CASE This action arises o...

Excerpt: ...o filing the subject motion were insufficient and CONTINUES the subject motion to October 2, 2018. The court ORDERS the parties to further meet and confer regarding the subject discovery. The parties may file supplemental briefing pursuant to the date of the continued hearing date and the briefing set forth in Code of Civil Procedure, section 1005 as to any issues that they are not able to informally resolve after a good faith effort to meet and ...

Excerpt: ... Defendants to defraud investors in connection with an investment visa program under the United States Government's EB-5 investment visa program. Plaintiffs Zhao Hui Shi and Jun Lu seek to bring a class action on behalf of themselves and others similarly situated against Defendants who allegedly assisted nonparties Charles C. Liu (“Liu”) and Lisa Wang (“Wang”) in operating a fraudulent investment visa program (the “program”). Plaintif...

Excerpt: ... 2018, Plaintiff Danny Acosta filed suit against Defendants, Universal Protection Service, LP, Universal Protection Service GP, Inc., Allied Universal, Luis (Last Name Unknown), Pierre (Last Name Unknown) and Does 1-100 alleging racial discrimination and harassment in addition to wage and hour violations. The complaint asserts causes of action for: 1) race/color/national origin/ancestry discrimination in violation of FEHA, 2) interference with CF...

Excerpt: ... for Plaintiff to give notice. STATEMENT OF THE CASE This action arises from Plaintiff Chelsea Rush's rental of an ATV on or about February 29, 2016 in Borrego Springs from Defendant SD Motor Sport. Plaintiff alleges that due to the absence of safety features, Plaintiff's foot became trapped between the rear wheel and the wheel well and Plaintiff was thrown off the ATV landing on her head and neck and suffering serious injuries. Plaintiff filed h...

Excerpt: ...0 dismissing the Doe Defendants in this action. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Summary of Complaint: Plaintiff Priscilla A. Tedesco (“Tedesco”) asserts that she obtained an amended judgment against non-party Mark I. Blankenship (“Blankenship”) on or about April 10, 2001 in the amount of $86,028 in the United States Bankruptcy Court for the Central District of California, Case Number SB96-25727 DN. Plaintiff co...

Excerpt: ...VERRULES the demurrer to the first through fourth, sixth and seventh causes of action. The court SUSTAINS the demurrer to the fifth cause of action WITH LEAVE TO AMEND. The Plaintiff's request for judicial notice is DENIED. The motion to strike punitive damages is GRANTED WITH LEAVE TO AMEND, and the remainder of the motion to strike is DENIED. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE Plaintiff Pacifica First National, Inc. (�...

Excerpt: ...the subject motion were inadequate and CONTINUES the subject motion to September 24, 2018. The court ORDERS the parties to further meet and confer regarding the subject discovery. Counsel for Defendant to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants County of Los Angeles (“County”); the University of Southern California (“USC”) and Guillermo Andres Cortes, M.D. (“Cortes”) committed sexual harass...

Excerpt: ...ess damages at paragraphs 9, 105, 121 and 153 of the Complaint; the request for attorney's fees at paragraphs 9, 105, 118 and 153 of the Complaint as well as paragraph 5 of the Prayer; the allegations regarding credit impairment damages at paragraphs 9, 105 and 118 of the Complaint, and the allegations regarding damages at paragraphs 105 and 121-122 of the complaint, as well as at paragraph 4 of the Prayer. The court DENIES the motion in-part as ...

Excerpt: ...argument regarding the legal basis for its request for prejudgment interest. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Summary of Complaint: Plaintiff Beverlywood Homes Association, Inc. (“Beverlywood” or the “Association”) alleges that Defendant Kalnel Gardens, LLC (“Kalnel”) is the owner of the real property commonly known as 2415 South Beverly Drive, Los Angeles, California (the “Subject Lot”). According to Pl...

Excerpt: ...0 dismissing the Doe Defendants in this action. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Summary of Complaint: Plaintiff Priscilla A. Tedesco (“Tedesco”) asserts that she obtained an amended judgment against non-party Mark I. Blankenship (“Blankenship”) on or about April 10, 2001 in the amount of $86,028 in the United States Bankruptcy Court for the Central District of California, Case Number SB96-25727 DN. Plaintiff co...

Excerpt: ...e declaration of nonmilitary status. The court is inclined to grant costs in the amount of $982.65. At the hearing, Plaintiff may present argument to demonstrate its entitlement to $175 in costs for skip trace fees. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Summary of Complaint: This case arises from allegations that Plaintiff Explorer Insurance Company (“Explorer”) issued an automobile insurance policy (the “Policy”) to...

Excerpt: ...parties on the same cause of action as the claims asserted in the Complaint. The court is inclined to deny leave to amend. At the hearing, the parties should be prepared to discuss whether a reasonable possibility exists that the identified defect can be cured on amendment. Counsel for Defendant to give notice. STATEMENT OF THE CASE This case arises in connection with Plaintiff Joseph Daniel Davis (“Davis”)'s alleged representation of Defenda...

Excerpt: ...court GRANTS a judgment in favor of Plaintiff in the requested amount of $7,929.84. Counsel for Plaintiff American Express Bank, FSB to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendant Ana Lisa Hardine (“Hardine,” aka Analisa M. Dymallyhardine, Analisa Michael Dymallyhardine, Analisa Lisa Dymallyhardine, Ana Lisa Dymallyhardine) became indebted to Plaintiff in the sum of $35,929.84 for a balance due on a boo...

Excerpt: ...CASE This case arises from allegations that Defendant Daniel Sosa (“Sosa”) instituted a legal malpractice case against his former counsel, Plaintiff Henry G. Wykowski (“Wykowski”), in bad faith and without probable cause, for the improper purpose of avoiding paying legal bills Wykowski accrued in representing Sosa and Sosa's company Mid City Cannabis Club (“Mid City”) in a dispute with the Internal Revenue Service (“IRS”). Defenda...

Excerpt: ...atters were set for hearing on June 29, 2018. On June 21, 2018, the court continued the matters to July 26, 2018. The court specifically noted that the briefing schedule was to remain unchanged. Plaintiff filed a First Amended Complaint (“FAC”) on June 22, 2018. Pursuant to Code of Civil Procedure, section 472, subdivision (a), a party may amend its pleading once without leave of the court after a demurrer or motion to strike is filed but bef...

Excerpt: ...ed to demonstrate that the request for entry of default was mailed to the same address as Defendant was served the Summons and Complaint and that service of all documents was proper. STATEMENT OF THE CASE Summary of Complaint: This case arises from allegations that an account was stated in writing by and between Plaintiff Midas International Corporation (“Midas”) and Defendants Ryan and Keith Flynn, wherein it was agreed that Defendants were ...

Excerpt: ...S the motion and AWARDS Defendants $1,985 in monetary sanctions against Plaintiff Austreberto Vargas to compensate Defendants for the attorney's fees and costs incurred due to Plaintiff's failure to appear at the two noticed depositions and for the subject motion. Counsel for Defendants to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants National Default Servicing Corporation (“National Default”) and Sele...

Excerpt: ... in the alternative and LIMITS Defendant Yamaha's subpoena to documents that are related to the injuries Michael Thabet suffered in or as a result of the May 25, 2015 incident. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE Plaintiffs Michael Thabet, Kathy Thabet, and George Thabet bring this wrongful death and personal injury action and allege that on May 25, 2015, Decedent Magdy Thabet was a passenger on a personal watercraft (jet-...

Excerpt: ...tiff's failure to demonstrate proof of service of the Summons, Complaint and notice of the motion on Defendants. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This action arises in connection with Defendant Dellita Johnson (“Johnson”)'s alleged fraudulent transfer of her assets to the allegedly sham entities including Defendants D. International Services LLC (“D. International”), Self Evident, Inc. (“Self Evident”) and O...

Excerpt: ...ile a First Amended Complaint. Counsel for Defendant Wells Fargo Bank, N.A. to give notice. STATEMENT OF THE CASE This action arises from Plaintiff Debra Savala (“Savala”)'s allegedly wrongful termination from Wells Fargo Bank, National Association (“Wells Fargo”). Savala alleges that she was forced to take a medical leave of absence on December 19, 2014 and that Defendants terminated her and wrongfully filled her position in July 2015. P...

Excerpt: ...squez & Company, LLP's demurrer to the SAC with 20 days leave to amend. The motion to strike is MOOT. Counsel for Defendant to give notice. STATEMENT OF THE CASE This case arises from allegations that non-party Chicana Service Action Center (“CSAC”), a 501(c)(3) non-profit corporation, fraudulently billed Plaintiff County of Los Angeles (“County”) in connection with CSAC's contracts to provide various public and social services to eligibl...

Excerpt: ...BMITTED DOCUMENTS (Cal. Rules of Court, rule 3.1800): 1. Dismissal or judgment of non-parties to the judgment YES 2. Use of JC Form CIV-100 YES 3. Memorandum of costs YES 4. Declaration of nonmilitary status for each defendant YES 5. Declarations of propriety of separate default judgment on cross-complaint N/A 6. Summary of the case YES 7. 585(d) declarations/admissible evidence in support YES 8. Interest computation (as necessary) YES 9. Request...

Excerpt: ... The court GRANTS Defendant's motion and compels Plaintiff Jacqueline Barnett's claims to arbitration. The court STAYS Plaintiff Barnett's claims until the completion of the arbitration. STATEMENT OF THE CASE This employment action arises from allegations that Defendants Avalon Health Care, Inc. (“Avalon”) and Avrohom Tress (“Tress”) (collectively “Defendants”) wrongfully discriminated against and harassed Plaintiffs Jacqueline Barnet...

Excerpt: .... At the hearing, Plaintiff should be prepared to discuss whether there is a reasonable possibility that the identified defect can be cured on amendment. Counsel for Defendant the Honorable Randall Pacheco to give notice. STATEMENT OF THE CASE Plaintiff Anthony A. Patel (“Patel”) and Defendant Sonya Bhatia (“Bhatia”) were married in October 2006. Patel filed for dissolution of the marriage in Los Angeles County in or about July 2013. The ...

Excerpt: ...position to the motion to stay filed June 26, 2018 COURT'S TENTATIVE RULING Defendant City center Parking, Inc.'s motion for a stay is DENIED. The court SUSTAINS Defendant's demurrer to Plaintiff's Complaint. Leave to amend will be discussed at the hearing. Counsel for Defendant to give notice. STATEMENT OF THE CASE In a separate action, Jesse Rios, et al. v. City Center Parking Inc., Los Angeles Superior Court, Department 322, Case Number BC6701...

Excerpt: ...th, thirteenth, fifteenth and sixteenth causes of action with 30 days leave to amend; the demurrer is otherwise MOOT. The court OVERRULES Defendant County Records Research, Inc.'s demurrer to the third, fourth, sixth through eleventh and sixteenth causes of action; the demurrer is otherwise MOOT. The court OVERRULES Defendant Hoai Phan's demurrer to the seventh through eleventh and sixteenth causes of action; the demurrer is otherwise MOOT. The c...

Excerpt: ...ermont Avenue, Los Angeles, CA 90044 (the “Property”). As set forth in the Second Amended Form Complaint (“SAC”), the facts of the case are as follows. Plaintiff ADD Investments (“ADD”) alleges that on or about December 15, 2016, it agreed to rent the Property to Defendant as a month-to-month tenancy at a rate of $4,500 per month. According to the SAC, Exhibit 1 (the “Lease”) is a copy of the parties' written agreement. The SAC al...

Excerpt: ...ing party must meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike, for the purpose of determining if an agreement can be reached that resolves the moving party's objections. (Code Civ. Proc., § 435.5, subd. (a).) Plaintiff/Cross-Defendant Saher Boulos has not submitted a declaration attesting to his counsel's efforts to meet and confer with Cross-Complainant's counsel regar...

Excerpt: ...illan to substitute as Plaintiff Millan's successor-in-interest and continue to assert his claims. Counsel for Blanca Santillan to give notice. STATEMENT OF THE CASE This employment action arises from allegations that Defendant Southern California Edison Co. (“SCE”) discriminated against and wrongfully terminated Plaintiff Ramon A. Millan (“Millan”) based on his age, in violation of the Fair Employment and Housing Act (“FEHA”). In the...

Excerpt: ... Morgan's First Amended Complaint. The court SUSTAINS the demurrers to Cross-Complainants/Defendants Takui Ayvazyan and Monalizza Restaurant's Cross-Complaints. The court grants 30 days leave to amend as to the first, second, third and fifth causes of action. At the hearing, the parties should be prepared to discuss whether leave to amend should be granted to the fourth causes of action. The demurrers to the Smith Plaintiffs and Plaintiff Omari J...

Excerpt: ...7.56. At the hearing, Plaintiff should be prepared to discuss the basis for its request for prejudgment interest. STATEMENT OF THE CASE Summary of Complaint: This case arises from allegations that Defendant Jason Marcellus Washington (“Washington”) wrongfully set Plaintiff Golden Eagle Insurance Company (“Golden Eagle”)'s Insured Dr. Ira Cohen (“Cohen”)'s property on fire. Plaintiff alleges it was a party to an insurance contract with...

Excerpt: ...ENT OF THE CASE This action arises from allegations that Defendant Kousha Berokim (“Berokim”) committed legal malpractice while representing Plaintiff Emanuel Aframian (“Aframian”) in connection with a lawsuit against NAMCO Capital Group (“NAMCO”) (the “underlying action”). In the Complaint, Plaintiff alleges one cause of action for legal malpractice. Plaintiff now moves for summary judgment, or in the alternative for summary adju...

Excerpt: ... nonsuit as to the first, fifth and sixth causes of action. The court GRANTS the motion as to the eighth cause of action. The Court shall consider the substantive trial evidence on the remaining causes of action at the time of the oral closing arguments. Counsel for Defendant to give notice. STATEMENT OF THE CASE The background of this case is more fully set forth in the court's prior November 5, 2015 ruling on the motion for summary judgment, or...

Excerpt: ...ENIES Plaintiff's motion. The court GRANTS monetary sanctions to Defendants Mylinh Kha and Ethan Kha in the amount of $2,100 and GRANTS monetary sanctions to non-party Hsu in the amount of $1,575. Counsel for Defendants to give notice. STATEMENT OF THE CASE This action arises out of a bail bond agreement that Plaintiff Lana Sieu Ngu (“Ngu”) allegedly entered into with Defendant City Bail Bonds (“CBB”). Plaintiff alleges that on June 11, 2...

Excerpt: ...he fifth cause of action for fraudulent concealment and Plaintiffs' claims for successor liability and punitive damages. The motion is otherwise DENIED. Defendant Porter Warner Industries, LLC to give notice. STATEMENT OF THE CASE Plaintiffs Flavio and Modesta Ramos allege that Flavio Ramos developed pulmonary fibrosis as a result of his exposure to Defendants' products during his employment at Supreme Castings and Pattern Co., Inc. (“Supreme C...

Excerpt: ...his action arises out of an employment agreement dispute. Plaintiff Existence Genetics (“Plaintiff”) filed a Complaint seeking declaratory relief concerning their respective rights, duties and obligations under the employment agreement with Defendant Michael Nelson (“Defendant” or “Cross-Claimant”) as Chief Financial Officer. In the Complaint, Plaintiff contends that Defendant is not entitled to any compensation and/or benefits pursua...

Excerpt: ...d Jamaro Gibbs COURT'S TENTATIVE RULING The court DENIES Defendants' motions to quash the subpoena for the production of business records to non-party Grodsky & Olecki, LLP. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants University of Southern California (“USC,” erroneously sued and served as Keck Hospital of USC, Keck Medical Center of USC and Keck Medicine of USC, formerly know...

Excerpt: ...f Brian Best (“Plaintiff”) and Charles. Plaintiff alleges at on or about 2007 the parties entered into a pooling agreement (“the Agreement”) by the terms of which the parties agreed to live together as a family unit and combine their earnings and expenses. Plaintiff alleges the Agreement was to terminate when the parties ceased living together as a family unit, at which time the property acquired or accumulated by them, or of either of th...

Excerpt: ... Juge, DJ Construction and Eliel Acuna COURT'S TENTATIVE RULING The court GRANTS Plaintiffs' motion for leave to file the SAC. Plaintiffs are ordered to file the SAC within 10 days of this ruling. The court recognizes that Plaintiffs have added new causes of action against multiple Defendants and that Defendants will not have sufficient time to challenge the pleadings or seek discovery before the currently scheduled date of trial. The court there...

Excerpt: ...ES the motion as to Defendant Oren Cohen-Bashi. The court GRANTS the motion as to Defendant HCB Group, LLC and ORDERS this Defendant to produce all documents in its possession that are responsive to the RFPs, specifically including (but not limited to) the documents and document categories identified by Plaintiff in her supplemental reply. These documents are to be produced by August 13, 2018. The court GRANTS Plaintiff's request for monetary san...

Excerpt: ...nture trustee for Greenpoint Mortgage Funding Trust 2005-HE1 Asset Backed Notes, Series 2005-HE1 (“Deutsche Bank,” erroneously sued as Deutsche Bank National Trust Company)'s alleged wrongful foreclosure of the real property located at 4047 Trinity St., Los Angeles, CA 90011 (the “Subject Property”). Plaintiff Leticia Mora (“Mora”), suing in propria personaalleges that Defendant Deutsche Bank wrongfully conduced a trustee's sale on Ap...

Excerpt: ...plaint on August 30, 2017 in propia persona. Defendant Paula McHale (“McHale”) filed the subject demurrer and motion to strike on January 9, 2018 and the matter was originally set for hearing on May 4, 2018. Plaintiff's opposition was thus due on April 23, 2018. On or around May 1, 2018, the court continued the matter to May 17, 2018. Plaintiff did not file an opposition to the demurrer or motion to strike. However, on April 27, 2018, Plainti...

Excerpt: ...ES the demurrer in its entirety. The court GRANTS the motion to strike in-part with respect to the allegations related to the attorney's fees request with 20 days leave to amend. The motion is otherwise DENIED. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants Goldman Property Group; Andrew Goldman; Daniel Goldman and Noah Goldman (collectively the “Goldmans”) maintained the real ...

Excerpt: ...ration MOVING PARTY: Plaintiff Ambulnz Health, LLC OPPOSING PARTY: Defendants AmeriCare MedServices, Inc. and Michael S. Summers[1] SUBJECT: Demurrer to the First Amended Complaint and Motion to Strike MOVING PARTY: Defendants AmeriCare MedServices, Inc. and Michael S. Summers OPPOSING PARTY: Plaintiff Ambulnz Health, LLC COURT'S TENTATIVE RULING The court GRANTS Plaintiff's cross-motion and GRANTS Defendants AmeriCare MedServices, Inc. and Micha...

Excerpt: ...action. The court SUSTAINS the unopposed demurrer to the third cause of action. The motion to strike is DENIED. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants Elizabeth Rollins (“Rollins”) and Kate Gong (“Gong”) unlawfully and fraudulently evicted Plaintiffs Edith Puga and Eduardo Puga (collectively the “Pugas”) from their rent-stabilized apartment. Plaintiffs contend t...

Excerpt: ...f action. The court SUSTAINS the demurrer as to the fourth, fifth, sixth and seventh causes of action with 20 days leave to amend. The court GRANTS the motion to strike in-part as to the allegations related to Plaintiff's request for punitive damages; the motion is otherwise DENIED. At the hearing, Plaintiff should be prepared to discuss whether a reasonable possibility exists that she can amend the complaint to request punitive damages, given th...

Excerpt: ...san Drake and Jo Lynn Allen to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants Jo Lynn Allen (“Allen,” erroneously sued as “Jo Allen Patton”) and Susan Drake (“Drake”), as trustees of the Philbert Trust (the “Trust”), breached a settlement agreement with Plaintiff Derek Aghchay that the parties allegedly agreed to in connection with a prior lawsuit between the parties.[1] <0086000300830003008...

Excerpt: ... judgment. Counsel for Defendant Laguna Clay Company to give notice. STATEMENT OF THE CASE Plaintiffs Flavio and Modesta Ramos allege that Flavio Ramos developed pulmonary fibrosis as a result of his exposure to Defendants' products during his employment at Supreme Castings and Pattern Co., Inc. (“Supreme Castings”), a metal foundry. In the Fourth Amended Complaint (“FAC”), Plaintiffs assert causes of action for: (1) negligence; (2) negli...

Excerpt: ...HE CASE This case arises from allegations that Defendant the County of Los Angeles (“County”) wrongfully discriminated against and terminated the employment of Plaintiff Rona McCraw (“McCraw”) in violation of the Fair Employment and Housing Act (“FEHA”), the California Family Rights Ac (“CFRA”) and the Labor Code. Plaintiff McCraw alleges that she was employed by Defendants as a non-exempt employee, specifically as an in-home care...

Excerpt: ...aintiff to give notice. STATEMENT OF THE CASE This case arises from allegations that Plaintiff Sia Amber Southern (“Southern”) was wrongfully terminated by Defendant Tessie Cleveland Community Services, Corporation (“Tessie”). Plaintiff alleges that a non-party employee of Tessie who worked under her, Lisa Stewart (“Stewart”) spread sexual rumors about and against Plaintiff, beginning in 2007, including allegations that Plaintiff was ...

Excerpt: ...fourth, sixth and seventh causes of action with 30 days leave to amend and DENIES the motion in-part as to the first, third, fifth and eighth causes of action. Counsel for Defendant Select Portfolio Servicing, Inc. to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendants National Default Servicing Corporation (“National Default”) and Select Portfolio Servicing (“SPS”) violated the Homeowner's Bill of Right...

Excerpt: ...on 65 and for Plaintiff's failure to demonstrate that the proposed penalty amount is reasonable or to present evidence to support Plaintiff's request for attorney's fees. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This action concerns alleged violations of the California Safe Drinking Water and Toxic Enforcement Act, which is codified in Health and Safety Code, section 25249.5 et seq. (“Proposition 65”). The Act authorizes pr...

Excerpt: ... $6,893.75 in reasonable attorney's fees in connection with the subject anti-SLAPP motion. Counsel for Defendants Heger Realty Corp; Robert G. Thornburgh; Thomas Holland and Bobbi Morrison to give notice. STATEMENT OF THE CASE This action arises out of a landlord-tenant dispute. Plaintiffs Brad Waisbren and Marci Higer in propia persona(“Plaintiffs”) allege that they were tenants of premises located at 15132 Downey Avenue, Paramount, Californ...

Excerpt: ...LING The court GRANTS Plaintiff's motion and ORDERS Defendant to serve substantive, verified, objection-free responses to Plaintiff's special interrogatory numbers 86 and 89 through 94 by August 6, 2018. The court further ORDERS Defendant to give notice to its former employees that are the subject of Plaintiff's discovery in the manner identified in Williams and in Belaire‐West Landscape, Inc. v. Superior Court (2007) 149 Cal.App.4th 554, to al...

Excerpt: ...Plaintiff's Request for Production MOVING PARTY: Plaintiff Alona Hassid OPPOSING PARTY: Defendants Eyal Cohen-Bashi and Oren Cohen-Bashi. Defendant HCB Group, LLC has not filed an opposition. COURT'S TENTATIVE RULING The court GRANTS Plaintiff's motion and ORDERS Defendant Eyal Cohen-Bashi to appear and continue his testimony at a noticed deposition to occur within 30 days or on a date by agreement of the parties. The court further ORDERS HCB to ...

Excerpt: ...ounsel for Plaintiff to give notice. DISCUSSION I. Principal Damages Plaintiff requests principal damages in the amount of $78,738.43. Plaintiff submits the Declaration of Robert Lansdorp (“Lansdorp Decl.”) in support of the subject request. Lansdorp attests that he seeks a monetary judgment because of the difficulty of obtaining a statement of value of the Subject Vehicle and in physically retaking possession of the Subject Vehicle and maint...

Excerpt: ... At the hearing, Plaintiff should be prepared to discuss whether the defective service can be cured absent renewed service of the subject discovery with a new opportunity for Defendant to serve responses. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE As alleged in the Complaint, Plaintiff JJ Zhang (“Zhang”) and Defendant Jose Alberto Molina (“Molina”) were former business partners who engaged in the business of managing and ...

Excerpt: ...y adjudication on Issues 1 through 7 and Plaintiffs' first through seventh causes of action. The court GRANTS summary adjudication on Issue 8 and Plaintiffs' claim for punitive damages. Counsel for Defendant to give notice. STATEMENT OF THE CASE Plaintiffs Flavio and Modesta Ramos allege that Flavio Ramos developed pulmonary fibrosis as a result of his exposure to Defendants' products during his employment at Supreme Castings and Pattern Co., Inc...

Excerpt: ... Servicing, Inc.'s motion for an order establishing admissions is GRANTED. Defendant's motion to compel responses to its interrogatories and request for documents is DENIED without prejudice, for failure to demonstrate service of the discovery on Plaintiff. The court awards Defendant SPS monetary sanctions in the amount of $465 against Plaintiff and her counsel Steven W. Burt, jointly and severally, in connection with the RFAs. Counsel for Defend...

Excerpt: ...9b0003> Rios, Cristian Rios, Joel Delgadillo, and Milly Delgadillo COURT'S TENTATIVE RULING The court SUSTAINS the demurrer to the fourth cause of action as to Plaintiffs Consuelo Torres, Gilberto Maladonado, Francisco Rios, Roselly Rios, Miriam Rios, Rudy Rios, Cristian Rios and Joel Delgadillo and to the seventh cause of action, with 30 days leave to amend. The demurrer is otherwise OVERRULED. Counsel for Plaintiffs to give notice. The court GR...

Excerpt: ...n COURT'S TENTATIVE RULING Defendant Pacific Alliance Medical Center's motion is DENIED. The court awards a monetary sanction of $1,230, jointly and severally against Plaintiff and his counsel Raymond J. McMahon of Zinder, Koch & McBratney. Counsel for Defendant to give notice. STATEMENT OF THE CASE This is an action for alleged general negligence. Plaintiff Ronaldo Guzman alleges that Defendants Pacific Alliance Medical Center, Inc. (“PAMC”)...