Excerpt: ...mer Legal Remedies Act (“CLRA”); · overruled as to the Unfair Competition Law (“UCL”); · sustained with leave to amend as to the False Advertising Law (“FAL”); · sustained with leave to amend as to breach of express warranty; and · sustained with leave to amend as to negligent misrepresentation. Healthy Spot's motion to strike is granted to the extent Plaintiffs request nonrestitutionary disgorgement. BACKGROUND This is an alleged...

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