Excerpt: ...he discretionary provision of Code Civ. Proc. § 473(b) and Code Civ. Proc. § 473.5. The discretionary provision of Code Civ. Proc. § 473(b) provides, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be ...

Excerpt: ...uciary duty, (2) fraud, (3) violation of Gov. Code § 12650, (4) unjust enrichment, and (5) breach of contract. Among other things, Plaintiff alleges that Defendant abandoned his job as chief of police for the City of Baldwin Park and thereafter continued to collect his pay and benefits. Defendant Steven McLean brings an anti-SLAPP Motion as to the entirety of the Complaint. I. Code Civ. Proc. § 425.17 Plaintiff contends the public interest exem...

Excerpt: ...The Motion for Summary Adjudication is denied. The Motion for Leave to Amend is denied. This is an action in which Plaintiff alleges that Defendants failed to provide access to a 1964 Ferrari purchased by Plaintiff. On November 19, 2019, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) conspiracy, an...

Excerpt: ...Complaint for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) professional negligence, (5) breach of contract, and (6) negligence. The fifth and sixth causes of action are asserted against Defendants Arvest Central Mortgage Company (“Arvest”) and Summit Funding, Inc. (“Summit”). Plaintiffs allege that they received a loan from Summit for the purchase of a home. The loan ...

Excerpt: ... HHH Artists, Inc. filed the operative Complaint for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) declaratory relief, and (4) violations of the UCL. Plaintiff alleges it entered into an agreement relating to services within the music industry with Defendant UMG Recordings, Inc. and that Defendant breached the agreement by “(a) failing to pay any Unpaid Royalties to HHH, (b) failing to provide HH...

Excerpt: ...ld an evidentiary hearing. On April 28, 2017, American Grandstand Seating Co., Inc. (“AGSC”) filed a complaint in case no. BC659602 against United Production Services, Inc., Brown United, Inc., John Brown, and Tamara Brown (“United Parties”) for (1) accounting, (2)‐(3) conversion, and (4) injunctive relief. The complaint in BC659602 alleges failure to provide collateral despite United Parties' default on two secured promissory notes. Th...

Excerpt: ... Continental Casualty Company Tentative Ruling: The Motion for Summary Adjudication is granted. The Motion for Summary Judgment is granted. On November 14, 2018, Plaintiff filed the operative Complaint for professional negligence. Plaintiff now moves for summary adjudication (“MSA”) on the issue of duty. Specifically, Plaintiff seeks a ruling that Raymond J. Tittmann and Wargo French LLP, as attorneys, had a duty of care in representing Plain...

Excerpt: ...ember 5, 2018, Judge Joseph Kalin tried the issue of whether Plaintiff/Cross‐Defendant Lee Lipscomb waived the right to partition. On December 28, 2018, the Court entered a statement of decision finding that Lipscomb had waived such right. On January 15, 2019, Lipscomb filed objections to the Court's statement of decision. Lipscomb now seeks a mistrial because Judge Kalin never ruled upon Lipscomb's objections and, therefore, did not submit a f...

Excerpt: ...iffs Jenelle Butler and Crezdon Butler filed the operative Complaint for (1) negligent selection, (2) negligent breach of voluntary undertaking, and (3) loss of consortium. The principal allegations of the Complaint are as follows. Defendants Stage 29 Productions, LLC, Stage 29 Media Productions, Inc., Stage 29 Entertainment Group, LLC, and Stage 29 Media Productions, LLC negligently selected a physician on their television show for the purposes ...

Excerpt: ...on of Good Faith Settlement is granted. On December 3, 2019, Plaintiffs filed the operative Complaint for (1) strict products liability, (2), negligence—products liability, (3) negligence, (4) negligent infliction of emotional distress, and (5) breach of warranty. The Complaint provides that as a result of an emergency airplane landing following engine failure two individuals died and another two were injured. On July 15, 2020, Lyons Aircraft L...

Excerpt: ...Liquidating Trust Tentative Ruling: The Motion for Summary Adjudication is granted. On November 12, 2019, Plaintiffs filed the operative First Amended Complaint for refund of state assessed property taxes under Rev. & Tax. Code § 5148 with respect to an electric generating facility located in Kern County, California (“Facility”). Defendant California State Board of Equalization moves for summary adjudication of its first affirmative defense ...

Excerpt: ... Services, and John Sutak Insurance Brokers (collectively, “Argo Defendants”) Responding Party: Plaintiffs Megan Meadowcroft and Amber Brown Tentative Ruling: Allied's Demurrer is sustained in part, without leave to amend. Allied's Motion to Strike is granted in part, without leave to amend. Argo Defendants' Demurrer is sustained. Leave to Amend is specified below. Argo Defendants' Motion to Strike is denied as moot. On May 13, 2020, Plaintif...

Excerpt: ...ional misrepresentation, (3) fraudulent concealment, and (4) an accounting. The allegations of the Complaint are as follows. In June 2012, Plaintiff Fine Art Dealers Association (“FADA”) agreed to sell its rights to the LA Art Show to Defendant LA Art Show, Inc. (“LAAS”) pursuant to an Asset Purchase Agreement (“Purchase Agreement”). Among other benefits under the Purchase Agreement, FADA was to receive “three percent (3%) of all gr...

Excerpt: ...lead, lead compound, cadmium, and cadmium compound exposure. Plaintiff Consumer Advocacy Group, Inc. seeks for the Court to enter a consent judgment between it and Defendants Shun Fat Supermarket, Inc.; El Monte , Superstore, Inc.; SF Supermarket, Inc.; and Tran's Family, Inc. Plaintiff provides, “[t]he Consent Judgment resolves this action, brought pursuant to The Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safet...

Excerpt: ...f filed the operative First Amended Complaint (“FAC”) for (1) fraud and deceit, and (2) breach of contract. The FAC alleges that Defendants breached the confidentiality provision of a Settlement Agreement (“SA”) by improperly filing the SA in case no. BC567260 without sealing it. The FAC also alleges that Defendants filed a fraudulent memorandum of costs in BC567260. On February 6, 2020, the Court heard the Anti-SLAPP Motion filed by Defe...

Excerpt: ...endants Jeffrey Preston Bezos and Gavin de Becker for (1) defamation and (2) intentional infliction of emotional distress. Plaintiff alleges that Defendants falsely published statements that (a) Plaintiff leaked nude photos of Defendant Bezos to the press; (b) he did so as part of a conservative conspiracy with, for example, Roger Stone, Carter Page, and the government of Saudi Arabia to injure Defendant Bezos; (c) Plaintiff stole and sold pictur...

Excerpt: ...tion, (4) FEHA harassment, and (5) intentional infliction of emotional distress. Defendant City of Los Angeles seeks a stay of this action pending resolution of a criminal prosecution as to Councilmember Jose Huizar. Defendant argues, “[t]here appears to be significant overlap between the scope of the criminal charges and the allegations that plaintiff makes in his complaint. In such cases, a stay of the civil action is not only permitted, but ...

Excerpt: ... OVERRULED. Background This is an unlawful detainer action involving a commercial lease. Plaintiff J&J Hollywood, LLC (“Plaintiff”) is a limited liability company that owned the premises commonly known as 1638 North Las Palmas Avenue and 1639-1641-1643 N. Cherokee Avenue, Los Angeles, California 90028 (collectively the “Premises”). Plaintiff leased out the Premises to Defendant PB Hospitality Group, LLC (“Defendant”) to be used as res...

Excerpt: ...d by Defendant's security guard, codefendant Julian Maynard Wust (“Wust”), in front of a nightclub. On July 29, 2019, Plaintiff filed the operative Complaint alleging causes of action for (1) assault, (2) battery, (3) intentional infliction of emotional distress, (4) negligent hearing, retention, and supervising, and (5) negligence. On December 18, 2019, Wust filed a cross-complaint against Plaintiff for assault, battery, negligence, and infl...

Excerpt: ...ving Defendant”) RESPONDING PARTY: Plaintiff Victoria Luckett The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from Plaintiff's alleged wrongful termination. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) discrimination; (2) failure to reasonably accommodate; (3) failure to engage in a good-faith interactive process; (4) retaliation for exercising medic...

Excerpt: ...eltran”) engaged in multiple acts of gender and sex harassment towards Plaintiff Elisa Lira (“Plaintiff”). On February 11, 2020, Plaintiff filed the operative Complaint for (1) sexual harassment in violation of Government Code section 12940 subsection (j), and (2) intentional infliction of emotional distress (“IIED”) against Ramirez and Beltran (collectively, “Defendants”). Defendants demur to these two causes of actions on grounds ...

Excerpt: ... to Dismiss is granted. The Motion to Deem Appeal Timely is denied. On December 9, 2019, Rose Desert Congregate Care, Inc. filed a Notice of Appeal (“Notice”) as to the Labor Commissioner's award (“Award”) in State Case Number WC‐CM‐339735. Respondent Katrina Gloudeman seeks to dismiss the appeal as untimely. Appellant Rose Desert Congregate Care, Inc. seeks to deem its Notice timely. On August 6, 2020, the Court continued the Motions...

Excerpt: ... (2) fraud, (3) unjust enrichment, and (4) violations of the UCL. The allegations of the Complaint are as follows. A judgment was entered against Plaintiff in case no. 15K04277 (“Judgment”) that was in favor of a third‐party, Four Seasons Merchandise. (Compl. ¶¶ 4, 9.) Defendant Creditors Adjustment Bureau, Inc. (“CAB”), a debt collector, was an assignee of the Judgment. (Compl. ¶ 4.) Defendant Kenneth Freed was CAB's counsel. (Compl...

Excerpt: ... as to the fourth cause of action. Leave to amend is to be argued as to the sixth cause of action. On April 8, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) FEHA disability discrimination, (2) FEHA age discrimination, (3) FEHA hostile work environment harassment, (4) violation of the CFRA, (5) retaliation, (6) retaliation for exercise of CFRA, (7) FEHA failure to prevent discrimination and retaliaton, (8) FEHA fa...

Excerpt: ...ion provision within Plaintiff's employee acknowledgement and agreement. (Hochman Decl., Exhibit A.) Plaintiff argues the Motion should be denied because (1) there is no valid arbitration agreement; (2) Plaintiff is entitled to rescission based on fraud; (3) a PAGA waiver renders the entire agreement void; and (4) the agreement is unconscionable. Plaintiff's primary argument is that the parties entered into a certain arbitration agreement on Marc...

Excerpt: ... J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“Trust”) filed the operative First Amended Cross‐Complaint (“FACC”) for (1) negligence, (2) breach of written contract, (3) breach of fiduciary duty, (4) breach of implied covenant of good faith and fair dealing, (5) negligence, (6) breach of written agreement, (7) breach of fiduciary duty, and (8) breach of implied covenant of good faith and fa...

Excerpt: ...g: The Motion for Default Judgment is denied. The Motion to Expunge Mechanic's Lien is denied. On January 9, 2020, Plaintiff BMC West, LLC (“BMC”) filed the operative Complaint for (1) foreclosure on mechanic's lien and (2) enforcement against mechanic's lien release bond. Plaintiff alleges it recorded a mechanic's lien for $41,329.01 which represents the amount owed by Defendant Michael Karlin, individually and as trustee of the 12822 Highwo...

Excerpt: ...she was injured in a bus accident in Sonora, Mexico due to Defendants' negligence. On January 18, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) negligence, (2) negligent hiring, training, supervision, and retention, and (3) negligent entrustment. I. Motion for Summary Judgment/Adjudication Defendant Tufesa USA, LLC moves for summary judgment or, alternatively, summary adjudication of all causes of action. Defenda...

Excerpt: ...Morgan, III, individually (4) Cross-Complainant Thomas E. Morgan, III, individually and as trustee of the Beverly C. Morgan Family Trust Responding Party: (1) (2) (5) (6) (7) Cross-Complainant Thomas E. Morgan, III, individually and as trustee of the Beverly C. Morgan Family Trust (3) (4) Plaintiff Richard Pech Tentative Ruling: Pech's Demurrer is sustained in part, with twenty days leave to amend. Peach's Motion to Strike is granted in part. Lea...

Excerpt: ... secrets relating to its produce business in order to aid and join a competitor. On February 4, 2020, Plaintiff filed the operative Complaint for (1) trade secret misappropriation, (2) breach of fiduciary duty, (3) intentional interference with contract, (4) breach of loan agreement, (5) breach of confidentiality agreement, and (6) violations of the UCL. Defendants Daniel Meza, Joseph Meza, and Mezpro, Inc. demur to all causes of action for uncer...

Excerpt: ... On December 9, 2019, Rose Desert Congregate Care, Inc. filed a Notice of Appeal (“Notice”) as to the Labor Commissioner's award (“Award”) in State Case Number WC-CM-339735. Respondent Katrina Gloudeman seeks to dismiss the appeal as untimely. Appellant Rose Desert Congregate Care, Inc. seeks to deem its Notice timely. As an initial matter, the parties dispute the filing deadline for the Notice. Respondent contends that the deadline to fi...

Excerpt: ...otion for Summary Judgment/Adjudication is denied. On December 3, 2018, Plaintiff filed the operative Complaint for (1) FEHA discrimination; (2) FEHA retaliation; (3) FEHA failure to prevent discrimination and retaliation; (4) FEHA failure to engage in the interactive process; (5) FEHA failure to provide reasonable accommodations; (6) declaratory judgment; (7) wrongful termination in violation of public policy; and (8) failure to permit inspectio...

Excerpt: ... Los Angeles Sheriff's Department-Palmdale Station are granted. The Motion to Quash directed at the subpoena issued to Wells Fargo Bank Ltd. is granted in part as set forth herein. This is an action in which Plaintiff alleges that in August 2016 he was evicted from his apartment unit under the false premise that his landlord would subsequently occupy the unit. On June 28, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for...

Excerpt: ...professional negligence. Plaintiff now moves for summary adjudication on the issue of duty. Specifically, Plaintiff seeks a ruling that Raymond J. Tittmann and Wargo French LLP, as attorneys, had a duty of care in representing Plaintiff in connection with an action filed in the United States Bankruptcy Court for the Northern District of California captioned Barry A. Chatz, as Trustee of the CFB/WFB Liquidating Trust v. Continental Casualty Compan...

Excerpt: ...��) for (1) FEHA discrimination, (2) FEHA hostile work environment harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, harassment, and retalaliation, (5) breach of oral contract not to terminate without good cause, (6) breach of implied‐in‐fact contract not to terminate wihtout good cause, (7) negligent hiring, supervision, and retention, (8) wrongful termination of employment in violation of public policy, (9) viola...

Excerpt: ...rty: (1) (a) Plaintiffs Richard B. Somers and Terri Somers, as Trustees of the Somers Family Trust of 2000; Vicki F. Magasinn, Trustee of Trust A of The Magasinn Family Trust; Robert H. Somers, Trustee of The Robert H. Somers Living Trust; Cinthia Chew, ASP Defined Benefit Pension Plan and Trust; Provident Group Cust. fbo Alan Waxman IRA #3902814; Provident Group Cust. fbo Torry R. Somers IRA #3903316; Provident Group Cust. fbo Todd Somers IRA #3...

Excerpt: ...22, 2019, Plaintiff, on behalf of himself and all persons similarly situated, filed the operative Complaint for (1) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) failure to provide meal periods or compensation in lieu thereof; (4) failure to provide rest breaks or compensation in lieu thereof; (5) failure to provide accurate wage statements in violation of Labor Code § 226(a); and (6) penalties per Labor Code § 203. T...

Excerpt: ...ard of Equalization Tentative Ruling: The Motion to Compel is denied. On November 12, 2019, Plaintiffs filed the operative First Amended Complaint for refund of state assessed property taxes under Rev. & Tax. Code § 5148 with respect to an electric generating facility located in Kern County, California. Plaintiffs seek to compel further deposition testimony from Kristine Cazadd, former executive director of Defendant California State Board of Eq...

Excerpt: ...n case no. BC567260 without sealing it. The FAC also alleges that Defendants filed a fraudulent memorandum of costs in BC567260. On February 6, 2020, Defendants Samuel Wu and Susan Su‐Chun Wu brought an anti‐SLAPP motion as to the entirety of the FAC. The Court was inclined to grant this motion but Plaintiff Shankar insisted that the Court could not do so because Shankar's appeal of the Court's order granting the anti‐SLAPP motion of Defend...

Excerpt: ..., Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the operative First Amended Complaint (“FAC”) for (1) child endangerment, (2) libel per se, (3) slander per se, (4) libel per quod, (5) slander per quod, (6) false light, (7) statutory violation of right of publicity, (8) common law violation of right of publicity, (9) stalking, (10) aggravated stalking, (11) civil extortion, (12) attempted extortion, and (13) c...

Excerpt: ...fendants negligently represented Plaintiffs for various immigration matters. On June 8, 2018, Plaintiffs filed the operative First Amended Complaint for (1) malpractice, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) injunctive relief, and (5) constructive fraud. Defendants Dok Kyun Kim and Law Offices of Dok Kim move for summary judgment or, alternatively, summary adjudication of all causes of action as well as Plaintiff...

Excerpt: ...at in August 2016 he was evicted from his apartment unit under the false premise that his landlord would subsequently occupy the unit. On June 28, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1)-(2) wrongful eviction, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) intentional breach of covenant of quiet enjoyment, and (6) negligent breach of covenant of quiet enjoyment. Defendants Christoph...

Excerpt: ...the issue of punitive damages. On October 5, 2018, Plaintiff filed the operative Complaint alleging violations of Health & Saf. Code § 1278.5. Plaintiff alleges that Defendant retaliated against him when he reported concerns as to the quality of care for a newborn who suffered a brain injury. Defendant Regents of the University of California moves for summary judgment contending that Plaintiff cannot establish a prima facie case of retaliation o...

Excerpt: ...FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) declaratory judgment, (5) wrongful termination in violation of public policy, (6) failure to pay wages, (7) failure to pay minimum wages, (8) failure to pay overtime compensation, (9) failure to provide meal and rest periods, (10) failure to provide itemized wage statements, (11) waiting time penalties, (12) unfair competition, and (13) failure to permit inspection ...

Excerpt: ...aintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. Plaintiff brings a Motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 to obtain: 1. The complete Los Angeles Police Department Internal Affairs investigation file (including the complaint face sheet, complaint adjudication form, letter of transmittal, complaint investigation report, adden...

Excerpt: ...gs, Defendants negligently represented Plaintiffs for various immigration matters. On June 8, 2018, Plaintiffs filed the operative First Amended Complaint for (1) malpractice, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) injunctive relief, and (5) constructive fraud. Defendants Dok Kyun Kim and Law Offices of Dok Kim move for summary judgment or, alternatively, summary adjudication of all causes of action as well as Pla...

Excerpt: ...es M. Seeger Responding Party: (1) Plaintiff Alpine Group (2) Defendants Falcon Woods, LLC, Charles M. Seeger, and Gooding & Company, Inc. (3) Plaintiff Alpine Group Tentative Ruling: The Motion for Summary Adjudication of Defendants Falcon Woods, LLC and Charles M. Seeger is granted as to the third and fourth causes of action. The Motion for Summary Adjudication of Gooding & Company, Inc. is granted. The Motion for Summary Adjudication of Plaint...

Excerpt: ...nts Thick Chow and Pacific Alliance Medical Center failed to inform him that his EKG indicated he suffered from atherosclerosis. Plaintiffs also allege that Defendants failed “to perform appropriate diagnostic tests[] [and] fail[ed] to consult with cardiac experts (failure to have the proper skill, training and experience to treat cardiac disease without bringing in a specialist) for the decedent . . . .” (Third Amended Complaint (“TAC”) ...

Excerpt: ...ed. The Motion for Relief from Waiver of Jury Trial is granted. I. Motion for Attorneys' Fees On June 4, 2019, the Court granted Defendant Wilmington Savings Fund Society, FSB's motion for summary judgment. The Court entered judgment on June 28, 2019, and Defendant served a notice of entry of judgment on July 15, 2019. Defendant now moves for attorneys' fees pursuant to contract as the prevailing party in this action. On January 3, 2020, the Cour...

Excerpt: ...s denied. The Demurrer is overruled as moot. Plaintiff/Cross-Defendant First Citizens Bank & Trust Company seeks to dismiss the Cross-Complaint of Oganes J. Akhoian and Tamar K. Akhoian, individually and as trustees for The Akhoian Family Trust (“The Trust”) because (1) this Court lacks jurisdiction in light of the fact that identical causes of action have been removed to federal court and (2) res judicata bars the Cross-Complaint. Plaintiff'...

Excerpt: ...s is denied. On July 11, 2019, Plaintiff Samuel Brenner filed the operative First Amended Complaint (“FAC”) for (1) nonpayment of wages, (2) failure to timely pay wages, (3) retaliation, (4) violations of the UCL, and (5) violations of PAGA. Defendants VincentBenjamin Group, LLC, VincentBenjamin Irvine Consulting, LLC, VincentBenjamin Los Angeles Consulting, LLC, and Jeremy Mollet seek judgment on the pleadings as to the FAC's fifth cause of ...

Excerpt: ...Angeles' Demurrer is sustained in part. Renovate America, Inc.'s Demurrer is overruled. The Motion to Strike is denied. Plaintiff Alma Foster filed this action on August 9, 2019, and filed the operative First Amended Complaint (“FAC”) on September 20, 2019. The FAC asserts causes of action for (1) financial elder abuse, (2) breach of contract, (3) violations of the UCL, (4) public injunction, (5) cancellation of taxes, (6) violations of the H...

Excerpt: ...de violations. Defendant Volunteers of America of Los Angeles seeks to compel arbitration based on an arbitration agreement executed as a component of Plaintiff's employment. (Sanchez Decl., Exhibit 2.) Plaintiff argues his Labor Code claims cannot be arbitrated because Defendant has failed to show his employment involved interstate commerce, such that the FAA does not apply. Further, Plaintiff contends the subject arbitration agreement is proced...

Excerpt: ...Ruling: The Motion to Compel Further Responses to Requests for Production is granted. The Motion to Quash Subpoena directed at LADWP is denied. The Motion to Quash Subpoena directed at La Belle Apartments, LLC is granted in part. The Motion to Quash Subpoena directed at Pacific Western Bank is granted in part. This is an action in which Plaintiff alleges that in August 2016 he was evicted from his apartment unit under the false premise that his l...

Excerpt: ... 2019, Plaintiff Nova Sonic Inc., a California corporation, filed the operative Complaint for common counts. I. Demurrer Defendant Prestige Electronic Imports, Inc. demurs to the Complaint because it asserts Plaintiff lacks capacity to sue. Specifically, Defendant contends the debt being sought in this action was assigned to Plaintiff from a tax-suspended, foreign corporation such that Plaintiff is subject to the same defense that it lacks capaci...

Excerpt: ...HA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) declaratory judgment, (5) wrongful termination in violation of public policy, (6) failure to pay wages, (7) failure to pay minimum wages, (8) failure to pay overtime compensation, (9) failure to provide meal and rest periods, (10) failure to provide itemized wage statements, (11) waiting time penalties, (12) unfair competition, and (13) failure to permit inspection of...

Excerpt: ...vide reasonable accommodations, (3) FEHA failure to prevent discrimination, (4) FEHA failure to engage in the interactive process, (5) FEHA retaliation, (6) wrongful termination in violation of public policy, (7) trespass to property, (8) invasion of privacy, (9) intentional infliction of emotional distress, and (10) negligent hiring, supervision, or retention. Defendant NCR Corporation seeks to compel arbitration based on an employee arbitration...

Excerpt: ...over Range Rover Sport SC. On January 19, 2018, Plaintiffs filed the operative Complaint for (1) violation of Song-Beverly Act—breach of express warranty, (2) violation of Song-Beverly Act—breach of implied warranty, and (3) violation of Song-Beverly Act Section 1793.2. Defendant seeks for the Court to depart form CACI Verdict Form no. 3204 and adopt its proposed verdict form. Defendant argues CACI Verdict Form no. 3204 (1) omits that implied...

Excerpt: ...h in Hollywood Los Angeles Responding Party: Plaintiffs Richard B. Somers and Terrie Somers, Trustees of the Richard & Terrie Somers Family Trust of 2000, et al. Tentative Ruling: The Motion for Summary Adjudication is denied. Defendant The Rector, Wardens and Vestrymen of St. Mary of the Angel's Parish in Hollywood Los Angeles seek summary adjudication of the following claims: 1. Plaintiffs/Cross-Defendants' claim for Quiet Title (Somers Group);...

Excerpt: ...rrer is otherwise overruled. The Motion to Strike is granted in part. This is an action relating to the cutting of a 60-foot eucalyptus tree on the border between two properties as well as various alleged encroachments by Defendants. On October 8, 2019, Plaintiffs Wachsman and Nimni filed the operative First Amended Complaint (“FAC”) against Defendants Janger and Davidson for: (1) declaratory relief re boundary and encroachments, (2) declarat...

Excerpt: ...y 1, 2019, defaults on the basis of attorney mistake. Specifically, Defendants defaulted after Chang forgot to place their names on a declaration extending the filing deadline for a demurrer. Chang erroneously listed Defendant K&C Law Firm only on the declaration. (a) Defendant Kim Defendant Kim's default is set aside because a valid declaration of attorney fault was provided indicating that defense counsel's error in failing to list Kim's name o...

Excerpt: ...ff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) violation of the Song-Beverly Act—breach of express warranty, (2) violation of the Song-Beverly Act—breach of implied warranty, (3) violation of Song-Beverly Act § 1793.2, (4) concealment, and (5) intentional misrepresentation. Defendant seeks a protective order relating to the confidentiality of its (i) Service Policies and Procedures manual (ii) W...

Excerpt: ...npublic information in response to a business records subpoena, which plaintiff alleges is in breach of their written agreement. On June 11, 2019, plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) negligence, (3) violation of privacy, (4) violation of statute, and (5) fraud. Demurrer Defendants demur to all five causes of action on the grounds that (1) plaintiff fails to allege facts sufficient to s...

Excerpt: ...��) filed this action against Defendants Gooding & Company, Inc. (“Gooding”); Falcon Woods, LLC (“Falcon”); and Charles M. Seeger (“Seeger”) (collectively, “Defendants”) arising out of the auction and sale of a 1964 Ferrari 275 GTB Protype Chassis No. 06003 (the “Subject Vehicle”). On January 19, 2019, in Scottsdale, Arizona, an auction of the Subject Vehicle took place. Plaintiff alleges pursuant to a verbal agreement made by...

Excerpt: ...he Motion to Compel Arbitration is granted. BACKGROUND This is an action arising from Plaintiff Melissa Cruz's (“Plaintiff”) employment as a temporary worker. Plaintiff is a former temporary employee of Defendant Real Time Staffing Services, LLC, d/b/a Select Staffing (“Select”), which is a temporary staffing company. Defendant EmployBridge, LLC (“EmployBridge”) is the parent company of Select. Plaintiff was assigned to work on a temp...

Excerpt: ...Responding Party: Plaintiff Lee Lipscomb Tentative Ruling: Defendants' demurrer to the 4 th (breach of fiduciary duty) and 5th (breach of contract) causes of action in Plaintiff's verified first amended complaint is overruled. <005600b600030050005200 0048005b005300580051>ge lis pendens is granted. The parties' requests for attorneys' fees and costs are denied. On June 14, 2019, Plaintiff Lee Lipscomb (“Plaintiff”) filed a verified first amend...

Excerpt: ...judgment in favor of Plaintiff Ardreda Johnson (“plaintiff”) pursuant to defendant PennyMac Corp.'s (“defendant”) defaulting. On June 13, 2017, Defendant filed a Notice of Motion and Motion to Vacate Entry of Default and Default Judgment. On August 30, 2017, the court granted defendant's motion. The court vacated and set aside the default and default judgment. On October 11, 2017, the court entered a judgment in favor of defendant and aga...

Excerpt: ...om Plaintiff Suhail Farran's (“Plaintiff”) employment as a delivery driver with Defendant DoorDash, Inc. (“Defendant”), which is in the business of providing food delivery services. Plaintiff alleges that Defendant has engaged in a systematic pattern of wage and hour violations under the California Labor Code. On April 23, 2019, Plaintiff filed the operative Complaint seeking to recover civil penalties under the Private Attorney General A...

Excerpt: ... Plaintiff Brianna Allen (“Plaintiff”) purchased a 2016 Honda Civic (“Subject Vehicle”), which subsequently exhibited various defects including the Infotainment Defect which Defendant American Honda Motor Co., Inc. (“Defendant”) failed to repair. On November 21, 2018, Plaintiff filed her initial Complaint alleging causes of action for (1) violation of Civ. Code § 1793.2(d), (2) violation of Civ. Code § 1793.2(b), (3) violation of Ci...

Excerpt: ...he Court grants Defendant's motion to strike with 10 days leave to amend. BACKGROUND This is an action in which Plaintiff Dennis Fevergeon (“Plaintiff”) alleges he purchased defective doors and windows. On November 16, 2018, Plaintiff filed his initial Complaint for (1) negligent misrepresentation, (2) fraud, and (3) breach of warranty. On June 26, 2019, the Court sustained Defendant Dimensional Millwork, Inc.'s (“Defendant”) to Plaintiff...

Excerpt: ...). On March 23, 2018, Plaintiff filed her complaint against Defendant Mercedes-Benz USA LLC (“Defendant”) alleging causes of action for (1) breach of implied warranty under the Song-Beverly Warranty Act and (2) breach of express warranty under the Song-Beverly Warranty Act. Plaintiff brought the subject vehicle to three different Mercedes-Benz authorized dealers for repairs between September 18, 2017 and December 15, 2017. On January 11, 2019...

Excerpt: ...Nwagwu (“Plaintiff”) filed a second amended complaint, asserting causes of action for dependent adult abuse, negligence, and violation of Residents Rights. Motion to Remove GAL and/or Appoint a Proper GAL Defendant Centinela Skilled Nursing & Wellness Centre (“Defendant”) moves for an order evaluating and determining who is the rightful decision-maker for Plaintiff. C.C.P. §372(a)(1) provides, in pertinent part, as follows: “When a min...

Excerpt: ...n part. GM is to verify <0003001500130014001c00 00570052000300530055>ovide a privilege log with respect to such responses. GM is ordered to comply <00440055005c0003005600 0003004c005600030047>enied. Background This is a lemon law action. Plaintiff's 2017 Chevrolet Malibu was manufactured and distributed by Defendant General Motors, LLC (“GM”), but the car alledgedly suffers engine defects that have not been fixed within a reasonable number of...

Excerpt: ...letion of arbitration. On April 13, 2018, Plaintiff Dr. Parakrama Chandrasoma (“Plaintiff”) filed a complaint against Defendants Keck School of Medicine of the University of Southern California (“Keck”), the University of Southern California (“USC”), and the County of Los Angeles, acting by and through its Department of Health Services (the “County”), asserting causes of action for interference with prospective economic advantage,...

Excerpt: ... filed a complaint against Defendants Peddinghaus Corporation (“Peddinghaus”), San Bernardino Steel, Inc. (“SBS”), the Herrick Corporation (“Herrick”), American Machinery and Blade, Inc., and Action Machinery West, for negligence and products liability. Plaintiff alleges that, while working on premises owned and controlled by SBS and Herrick, Plaintiff suffered significant injuries, including severe burns and amputations, when certain...

Excerpt: ...in party and sustained in part. The Motion to Strike is granted. Background This an action in which it is alleged that Davis Xu died of an accidental or intentional overdose due to an improper decision to place him on academic probation at Occidental College based on a finding that he had stalked a classmate. On February 27, 2019, Plaintiffs Huiping Dai (Davis Xu's mother) and Yan Xu (Davis Xu's father), as an individual and the administrator of ...

Excerpt: ...05800550057004b0048>r Responses as to Form Interrogatories, Employment Law is granted. <0051000300570052000300 005800550057004b0048>r Responses as to Form Interrogatories, General is granted. <0051000300570052000300 005800550057004b0048>r Responses as to Special Interrogatories is granted. This is an employment action arising from Plaintiff Brian J. Koos (“Plaintiff”) against his employer Defendant Regents of the University of California (“...

Excerpt: ...ising from Plaintiff Erika Iraola's (“Plaintiff”) employment with Defendant California Fish Grill Investments, LLC (“Defendant”). On June 24, 2019, Plaintiff filed a complaint alleging causes of action for: 1. Disability Discrimination in Violation of Gov. Code§ 12940, subd. (a); 2. Retaliation in Violation of Gov. Code§ 12940, subd. (h); 3. Failure to Engage in The Interactive Process; 4. Failure to Accommodate Under Gov. Code§ 12940,...

Excerpt: ...lar Hernandez Felix shall appear for an independent, physical examination in Mexico to be conducted by a physician, who is licensed in the United States. Defendant Tufesa USA and Plaintiff shall file a joint notice with the Court within thirty (30) days of the granting of this Motion specifying the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who...

Excerpt: ...tive Complaint alleging causes of action for (1) elder/dependent adult abuse, (2) negligent hiring/supervision, (3) and violation of residents' rights. On October 30, 2018, the Hon. Joseph Kalin granted the motion to compel arbitration of Defendant Centinela Skilled Nursing and Wellness Center West, LLC (“Centinela”), and stayed the action as to the remaining Defendants. Plaintiff now moves to compel arbitration as to Defendants Shlomo Rechni...

Excerpt: ...ction on September 12, 2018 against Defendant Wells Fargo Bank alleging causes of action for (1) breach of implied contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud and deceit; and (4) declaratory relief. Motion for Leave to Amend Legal Standard The court may, in furtherance of justice, allow a party to amend any pleading upon any terms as <004700110003000b004400 0003000300260044004f>ifornia courts liberally e...

Excerpt: ...ion to Compel Arbitration and Stay Action is to be Made the Subject of Argument at the Motion Hearing. On May 30, 2019, Plaintiff Rebecca Manahan, an individual, by and through her attorney-in-fact, Romalyne Parial (“Plaintiff”), filed a complaint against Defendants P&M Management, Inc. (“P&M”), Philip Weinberger (“Weinberger”), Marylynn Mahan (“Mahan”), and Jeffrey Huang (“Huang”) (collectively “Defendants”) for dependent...

Excerpt: ...50048>h's request for Leave to Amend is DENIED. Statement of the Case Plaintiff Kayvan Setareh (“Plaintiff”) commenced this action on March 13, 2017. On January 1, 2018, Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants Cleanstreet Inc., City of Los Angeles, Hollywood Property Owners Alliance, and DOES 1 through 25 alleging causes of action for (1) breach of contract, (2) negligence, (3) breach of contract,...

Excerpt: ...nsation Appeals Board after Plaintiff could no longer work because of injuries to her wrists and left elbow. (Complaint ¶ 7.) Plaintiff alleges that Defendant failed to competently represent her in two ways. First, Defendant voluntarily provided records to the underlying worker's compensation insurance company Athens Administrators (“Athens”) revealing that Plaintiff was working. (Id. ¶ 8.) Second, Plaintiff testified truthfully at her depo...

Excerpt: ...the Angel's Parish in Hollywood Los Angeles California Responding Party: Plaintiffs/Cross-defendants Richard B. Somers and Terrie Somers, Trustees of the Somers Family Trust of 2000; Vicki F. Magasinn, Trustee of Trust A of The Magasinn Family Trust; Robert H. Somers, Trustee of The Robert H. Somers Living Trust; Cinthia Chew, ASP Defined Benefit Pension Plan and Trust; Provident Group Cust. fbo Alan Waxman IRA #3902814; Provident Group Cust. fbo...

Excerpt: ...without leave as to causes of action 2, 3, 5, and 6. This is an action arises out of the unauthorized cutting of an 80-foot Eucalyptus tree on the border between two properties, plus other encroachments between the properties. Plaintiffs Wachsman and Nimni filed the complaint against Defendants Janger and Davidson on June 6, 2019. The complaint asserts the following causes of action: (1) declaratory relief re boundary and encroachments, (2) tresp...

Excerpt: ...ny, Western Progressive, LLC, Ocwen Loan Servicing, LLC, Wells Fargo Bank, N.A., Power Default Services, Inc., Brandy Berns, and Vicki Pospisil Tentative Ruling: The Motion to Set Aside Dismissal is denied. On November 21, 2018, Plaintiff filed the Second Amended Complaint (“SAC”) alleging causes of action for (1) breach of written contracts, (2) breach of the covenant of good faith and fair dealing, (3) wrongful foreclosure, (4) fraud, (5) v...

Excerpt: ...f CWMBS, Inc., CHL Mortgage Pass-Through Trust 2004-8, Mortgage Pass Through Certificates, Series 2004-8; Mortgage Electronic Registration Systems, Inc.; and Resurgent Capital Services LP Responding Party: Plaintiff May Lin Deehan Tentative Ruling: The Demurrers are sustained. This is an action in which Plaintiff alleges that her loan servicers committed various HBOR violations and ultimately induced the sale of her home through fraud. On Februar...

Excerpt: ...n seek to compel arbitration of this employment matter pursuant to an arbitration agreement executed by the parties encompassing the Complaint's claims. (See Garcia Decl., Exhibits A, B.) On July 16, 2019, the Court tentatively ruled as follows: Plaintiff argues that she never received an agreement to arbitrate within her employee handbook such that Defendants have failed to demonstrate the existence of any valid agreement. The Court has reviewed...

Excerpt: ...claims arising from a certain power purchase tolling agreement (“PPTA”) executed by the parties—specifically, the second through seventh, and ninth through tenth causes of action in their entirety and those portions of the first, eighth, and eleventh causes of action premised on the PPTA. Plaintiff argues the PPTA's arbitration clause applies to all claims asserted in the Complaint. Further, Plaintiff contends arbitrability is for the arbit...

Excerpt: ...ologies, Inc., and Professional Business Properties, Inc. is sustained as to the sixth and seventh causes of action, but is otherwise overruled. The Court grants twenty days leave to amend. <0048005500030052004900 00570044004f00030044>nd LRM Productions, LLC is overruled. This is an action in which Plaintiff alleges he was defrauded of money lent for supposed real property and cannabis businesses. On June 10, 2019, Plaintiff filed the operative F...

Excerpt: ...ed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) FEHA discrimination on the basis of pregnancy, (2) FEHA harassment on the basis of pregnancy, (3) FEHA retaliation for complaining of discrimination and/or harassment on the basis of pregnancy, (4) FEHA discrimination on the basis of taking CFRA leave, (5) FEHA harassment on the basis of taking CFRA leave, (6) FEHA retaliation for taking CFRA leave, and (7) FEH...

Excerpt: ...e Motion to Strike is denied. <0003004600520050005300 0057005500440057004c>on. This is an action in which Plaintiff alleges that her attorneys in her divorce case engaged in overbilling amounting to fraud. On November 21, 2018, Plaintiff filed the operative Complaint for (1) fraud and (2) violations of the UCL. Defendants Kolodny Law Group, APC, Stephen Kolodny, APC, Stephen Kolodny, Heidi L. Madzar, Jeff Sturman, James Kean, Deborah C. Sun, Alex...

Excerpt: ...on, Attorneys' Fees, and Costs is granted in part. This is an action in which The People of the State of California allege that drug, prostitution, and gang-related activity take place at the Hyland Motel which is operated by Defendants and located at 7041 Sepulveda Blvd., Los Angeles, CA 91405. On May 25, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) narcotics abatement, (2) red light abatement, (3) public nuisa...

Excerpt: ...4) 27 Cal.App.4 th694, 697; Kruger v. Reyes (2014) 232 Cal.App.4 th Supp. 10, 16) Plaintiff argues that the subject notices to quit were served by a registered process server such that there is a presumption of service. (Evid. Code § 647.) However, this presumption is abrogated by evidence casting doubt on service. (Evid. Code § 604.) Plaintiff explains in detail that he works from home; that he was at home at all times during the day of the al...

Excerpt: ...4) 27 Cal.App.4 th694, 697; Kruger v. Reyes (2014) 232 Cal.App.4 th Supp. 10, 16) Plaintiff argues that the subject notices to quit were served by a registered process server such that there is a presumption of service. (Evid. Code § 647.) However, this presumption is abrogated by evidence casting doubt on service. (Evid. Code § 604.) Plaintiff explains in detail that he works from home; that he was at home at all times during the day of the al...

Excerpt: ...ecords in response to a subpoena issued in case no. BC706697. Plaintiff contends the records were impermissibly disclosed prior to the time to object had expired. On June 11, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) negligence, (3) violation of privacy, (4) violation of Code Civ. Proc. § 1985.3, and (5) fraud. Defendants demur to all causes of action for failure to state sufficient facts. Defendants principal...

Excerpt: ..., James Sweetman, and Joel Smith <0057004c00490049000300 004800510057[ Responding Party: (1) (2) Plaintiff Steven Zent <0047004400510057005600 004700030029004c0055[e Insurance Company, Hartford Financial Services Group, Inc., Hartford Life and Accident Insurance Company, Matthew Murphy, James Sweetman, and Joel Smith (via Motion to Compel) Tentative Ruling: The Motion for Summary Adjudication is granted as to the seventh cause of action for inten...

Excerpt: ... monoxide in their rental home. On May 30, 2017, Plaintiffs filed the operative Complaint for (1) premises liability, (2) negligence per se, and (3) broker/manager negligence. Defendant HomeAway.com, Inc. moves for summary judgment as to the negligence claim asserted by Plaintiffs James Benjamin Gurley III and Kathryn Taylor Gurley. Defendant HomeAway.com, Inc. operates a website on which third-parties place advertisements for rental properties. ...

Excerpt: ...t the assets of Dreamlight Holdings, Inc. fka Rockdome, Inc. (“Dreamlight”) in exchange for equity because they falsely promised that Willowbrook Capital Group, LLC would make a $1.25-$1.5 million investment in Dreamlight. After foreclosing on Dreamlight's assets via Willowbrook's lien, Defendants allegedly transferred Dreamlight's assets into Rockdome Corporation without compensation to investors in Dreamlight. On December 18, 2018, Plaintif...