Excerpt: ...21, Plaintiff Daniel La Mar filed the operative Second Amended Complaint (“SAC”) against Defendants Food LA, LLC and Judith Ornstein for (1) failure to provide meal periods, (2) failure to provide rest periods, (3) violations of the UCL, (4) FEHA retaliation, (5) FEHA preemtive retaliation, and (6) failure to prevent retaliation, harassment, and discrimination. I. Demurrer Defendants Food LA, LLC and Judith Ornstein demur to the fourth throug...

Excerpt: ...it relating to medical negligence as to Plaintiff's cataract surgery. Defendant Sapir seeks to strike the following allegations from the FAC as false or irrelevant: Page 3, lines 1‐2: “Plaintiff assumed that Dr. Shammas would be performing the surgery as he was the only doctor Plaintiff was in contact with at the Shammas Eye Center.” 2. Page 3, lines 3‐6: “Plaintiff was never formally introduced to Dr. Jivrajka before surgery, but Dr. J...

Excerpt: ...atory relief, and (3) injunctive relief. The allegations of the FAC are as follows. Plaintiff sought to purchase a firearm. The dealer initiated a background check which was done by the California Department of Justice (“DOJ”) pursuant to Penal Code § 28220. The DOJ notified Plaintiff that clearance for the sale would be delayed beyond ten days because “the Department has identified state and/or federal records matching your identifying in...

Excerpt: ...ll as fraudulent concealment. The sole Defendant in this matter, Defendant Kia Motors America, Inc., seeks to compel arbitration. This request is premised on the purchase agreement for the subject vehicle between the dealership and Plaintiffs containing an arbitration provision. As a non‐signatory, Defendant premises its Motion on equitable estoppel and third‐party beneficiary status. The subject arbitration provision is as follows. Any claim...

Excerpt: ...er Sauer and Designing Edge Builders, Inc. seek to consolidate 20STCV01082 and 20STLC02980, which have already been related. In 20STCV01082, 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. BMC (a subcontractor) alleges it recorded a mechanic's lien for $41,329.01 which represents the amount owed by Defendant Michael Karlin, individua...

Excerpt: ...of Los Angeles (“County”) for (1) breach of contract, (2) violations of the UCL, and (3) declaratory relief. On April 13, 2021, a default was entered for the County. The County now moves to set aside its default based on the discretionary provision of Code Civ. Proc. § 473(b). The County provides that there was an “initial complaint against County [that] was dismissed. When the subject complaint was filed, as the subject complaint involved...

Excerpt: ...itive damages. The Motion is denied as to the third cause of action. This is an action arising from alleged defects in a 2016 Kia Optima purchased by Plaintiffs. On October 11, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) violation of express warranty, (2) violation of implied warranty, (3) violation Civ. Code § 1793.2, (4) fraudulent inducement—concealment, and (5) fraudulent induc...

Excerpt: ... Aubrey Pittman filed the operative Complaint against Defendant MV Transportation, Inc. for (1) FEHA failure to accommodate, (2) FEHA failure to engage in the interactive process, and (3) FEHA disability discrimination. Defendant MV Transportation, Inc. seeks summary judgment or, alternatively, summary adjudication of all causes of action as well as the issue of punitive damages. This is a relatively simple case. Plaintiff is a bus driver. Plaint...

Excerpt: ...d individual who requires screen reading software to read website content and access the internet. At all relevant times, Defendant SPD Group, Inc. (“Defendant”) maintained its website, https://jrdunn.com/ (the “Website”) in such a way that the Website contained numerous access barriers preventing Plaintiff, and other blind and visually-impaired individuals, from gaining equal access to the Website. At all relevant times, Defendant's deni...

Excerpt: ...contract and (2) common counts. The Complaint alleges Defendant failed to make payment for software and online services. On March 17, 2021, MoveCU, Inc. filed a First Amended Cross-Complaint (“FACC”) against Meridianlink, Inc. for (1) breach of contract, (2) intentional misrepresentation, and (3) negligent misrepresentation. The FACC alleges that Meridianlink failed to provide services pursuant to the contract attached to the Complaint. The F...

Excerpt: ...inst Defendants Michael Joseph and Northern California Mortgage Fund XIII, LLC for (1) intentional infliction of emotional distress (“IIED”), (2) negligent infliction of emotional distress (“NIED”), (3) defamation, and (4) slander. The allegations of the FAC are as follows. Defendants foreclosed upon Plaintiff's property despite that Plaintiff claimed a stay as a result of having filed bankruptcy petitions. Defendant Joseph fraudulently p...

Excerpt: ...se of action. On March 8, 2021, Plaintiff Clubhouse Media Group, Inc. filed the operative Complaint against Defendant Leslie Golden for (1) slander, (2) libel, (3) violations of the UCL, and (4) breach of contract. The allegations of the Complaint are as follows. Plaintiff owns and operates content houses, which are places where social media influencers live together and create new content as part of a business venture. Defendant Golden is an inf...

Excerpt: ...rculating a photo of a naked woman they claimed was Plaintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. Defendant seeks to seal portions of “(1) Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment; (2) Plaintiff's Responsive Separate Statement of Disputed and Undisputed Material Facts in Opposition...

Excerpt: ...earnings withholdings order on the California Department of Transportation (“DOT”), which is Judgment Debtor Azizolah Javahery's employer. Upstream provides, “[d]espite the gross monthly earnings of Defendant in the amount of $9,455.40, the Assignee has received from the Earnings Withholding Order an amount of less than $2,000.00 (two thousand dollars) since the date the Earnings Withholding Order was served on January 17, 2020, some fourte...

Excerpt: ...ntative Ruling: The Motion to Determine Validity is granted. The Election and Appointment of Directors was invalid. The Motion to Appoint Provisional Director is denied. Application: As to the March 2, 2021, notice of ruling, paragraph 7 is stricken and shall be deemed to now read,“The Court related case nos. 20STCV42005 and 21STCV04092.” The Request to dismiss OMC as Plaintiff and to add OMC as a nominal Defendant is denied as moot. On Novem...

Excerpt: ...a lemon law action with spice added. On March 1, 2021, Plaintiffs Arbanon Adam Gjokaj and Zuraja Gjokaj filed the operative Complaint for (1) violations of the CLRA, (2) breach of express warranty in violation of Civ. Code § 1794, (3) breach of the implied warranty of merchantability, (4) failure to commence and complete repairs within reasonable time in violation of Civ. Code § 1793.2(b), (5) failure to promptly repurchase vehicle in violation...

Excerpt: ...otion to Compel Discovery Responses is denied without prejudice. On October 13, 2020, Plaintiff Dave Carothers filed the operative Complaint for (1) constructive discharge in violation of public policy, (2) FEHA retaliation, (3) FEHA discrimination, and (4) FEHA failure to prevent discrimination and retaliation. Plaintiff Dave Carothers, a former partner of Carothers, DiSante, Freudenberger, LLP, now known as CDF Labor Law LLP (“CDF”), allege...

Excerpt: ...aim. The Petition provides as follows. CDT sought to collect on a tax liability owed by an unlicensed cannabis dispensary. CDT, through the California Highway Patrol, was able to collect $7,880 from an ATM within the cannabis dispensary's premises. Subsequently, Real Lapple Solutions Inc. filed a claim of exemption form as to the subject funds that was signed by Raul Ayala. Because CDT potentially faced conflicting claims for the funds and Ayala ...

Excerpt: ...ave to amend. On December 1, 2020, Plaintiff Marvin Louis Lowery, Jr., a pro per litigant, filed the operative Complaint against Defendant The Regents of the University of California for (1) police misconduct, (2) unlawful detention, and (3) mental anguish. The allegations of the Complaint are as follows. Plaintiff was charging his phone and laptop inside a UCLA parking lot. Defendant's UCLA police force then unlawfully detained and searched Plai...

Excerpt: ...(3) failure to engage in a timely, good faith, interactive process; (4) failure to reasonably accommodate disabilities; (5) retaliation for opposing violations of gov't code part 2.8; (6) failure to prevent and stop harassment, discrimination and retaliation; (7) whistleblower retaliation; and (8) wrongful termination. Defendant Magic Mountain LLC seeks summary judgment or, alternatively, summary adjudication of all causes of action as well as th...

Excerpt: ...d, LLC is stricken. The Demurrer is sustained as to Sean Saed's cross‐claims, with twenty days leave to amend. On December 23, 2020, Plaintiff Civic Ventures, LLC, as attorney in fact for ABS Loan Trust IV, US Bank National Association, as Trustee (“Civic”) filed the operative Complaint against Defendants Imperial Standard, LLC and Sean Saed for (1) conversion, (2) breach of contract, and (3) declaratory relief. The allegations of the Compl...

Excerpt: ...s to timber, (2) IIED, (3) trespass to real property, (4) quiet title, and (5) declaratory relief. The Complaint alleges Defendants Ashley Wachsman and Elizabeth Nimni unlawfully cut a eucalyptus tree on the boundary of the parties' properties. Defendants Ashley Wachsman and Elizabeth Nimni move for summary adjudication as to the first cause of action, the claim for double or treble damages for the first cause of action, the second cause of actio...

Excerpt: ...1, 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. On March 21, 2019, VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC, and VincentBenjamin Los Angeles Consulting, LLC filed a Cross‐Complaint in which they principally assert that Cross‐Defendants unlawfully disrupte...

Excerpt: ...nchez for (1) return of conditional gift, (2) rescission of agreement, (3) constructive fraud, and (4) quiet title. This is a family dispute. Defendant Jose Perez is Plaintiff's ex‐husband and Defendant Alejandra Sanchez is Plaintiff's daughter. The allegations of the FAC are as follows. “In 2011 Maria, for no consideration, conveyed [her] [home] to her daughter Alejandra as an estate‐planning device for the purpose of transferring the Prop...

Excerpt: ...rth herein. On October 23, 2020, Plaintiffs County of Los Angeles and County of Los Angeles Public Health Officer Muntu Davis, M.D., M.P.H. filed a Complaint against Defendants Shaul Yakovi, Ben and Reef Gardens, Inc., Ronit Waizgen, and Erez Karni for (1) violation of public health orders; (2) abatement of public nuisance; and (3) violation of Los Angeles County Code Section 1.23.050. Erez Karni has been dismissed. On December 15, 2020, Plaintif...

Excerpt: ... Cross-Defendant Michael Grimm (2) Cross-Complainants VincentBenjamin Group, LLC, VincentBenjamin Irvine, LLC, and VincentBenjamin Los Angeles Consulting, LLC Tentative Ruling: The Motion to Tax Costs is denied. The Motion for Summary Adjudication is granted as to the fifth, sixth, tenth, eleventh and twelfth causes of action. The Motion is otherwise denied. On July 11, 2019, Plaintiff Samuel Brenner filed the operative First Amended Complaint (�...

Excerpt: ...laint for (1) negligence (contractor), (2) negligence (broker), and (3) fraud. Plaintiffs allege they were sold a home with construction defects. On April 15, 2021, Plaintiffs filed a First Amended Complaint (“FAC”) for (1) negligence (contractor), (2) negligence (broker), (3) fraud (broker), (4) negligence (Stratum, Robinson, Fletcher, and Basis), (5) negligence (Mirman), (6) fraud (Mirman), and (7) violations of Uniform Voidable Transaction...

Excerpt: ... Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it terminated Wordin due to sexual harassment of other employees, financial mismanagement, �...

Excerpt: ... the first and second causes of action. The Court grants twenty days leave to amend with respect to the claims asserted by Plaintiffs Navarre Media Enterprises, Inc. and X17, Inc. Leave to amend is denied as to the claims asserted by Plaintiff Francois Navarre. The Motion to Strike is denied as moot. On February 19, 2021, Plaintiffs Francois Navarre, Navarre Media Enterprises, Inc., and X17, Inc. filed the operative First Amended Complaint (“FA...

Excerpt: ...ction is denied without prejudice. The Demurrer is overruled. On January 14, 2021, Plaintiffs Ty Lao and Nancy Chea filed the operative, verified First Amended Complaint (“FAC”) against Defendants Jose Estrada and Jackie Estrada for (1) negligence, (2) trespass, (3) private nuisance, (4) violation of LA County zoning ordinance, (5) negligence per se, and (6) ejectment. The allegations of the FAC are as follows. Plaintiffs own property adjacen...

Excerpt: ...ng. The allegations of the Complaint are as follows. Plaintiff is engaged in the business of selling cats. Plaintiff sold a cat named “Yoyo” to Defendant. Before the sale, a veterinarian ensured Yoyo was healthy. After the sale, Plaintiff learned from Defendant that Yoyo had FHV‐1 which is a very common illness. Although Yoyo made a full recovery, Defendant accused Plaintiff of selling sick cats. Defendant made such accusations on various s...

Excerpt: ...Alex Romain Responding Party: (1) (2) Unopposed (3) Non-party Morgan Development Group LLC Tentative Ruling: The Demurrer is overruled. The Motion to Strike is denied as moot. The Motion to Compel directed at Sonia Rodrigues is granted. The Motion to Compel directed at First Republic Bank is granted. On June 9, 2020, Plaintiffs Melissa A. Romain, Aidan Romain, Olivia Romain, and Alex Romain filed the Complaint for (1) negligence (contractor), (2)...

Excerpt: ...ts Michael Joseph and Northern California Mortgage Fund XIII, LLC for (1) intentional infliction of emotional distress (“IIED”), (2) negligent infliction of emotional distress (“NIED”), (3) defamation, and (4) slander. The allegations of the FAC are as follows. Defendants foreclosed upon Plaintiff's property despite that Plaintiff claimed a stay as a result of having filed bankruptcy petitions. Defendant Joseph fraudulently purchased Plai...

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) viol...

Excerpt: ...C”) 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 Home Solicitation Act (“HSA”), (7) violations of contractors' state license law, (8) violations of the Consumers Legal Remedies Act (“CLRA”), (9) negligence, (10) intentional/negligent misrepresentation, (11) intentional interference with contractual relations, (12) recovery of con...

Excerpt: ...lencia BMW seek to compel arbitration. This request is premised on a lease between Valencia BMW (the dealer) and Plaintiff containing an arbitration provision. Previously, the Court tentatively ruled as follows: The subject arbitration provision is broad and reaches claims against non‐signatories relating to the condition of the subject vehicle: Either you or I may choose to have any dispute between us decided by arbitration and not in a court ...

Excerpt: ...Defendant John Wordin for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) breach of fiduciary duty, (6) conversion, (7) money had and received, (8) violation of the UCL, and (9) declaratory relief. Among other things, Plaintiff alleges that it terminated Wordin due to sexual harassment of other employees, financial mismanagement, “...

Excerpt: ... Sutak Insurance Brokers (collectively, “Argo Defendants”) Responding Party: Plaintiffs Megan Meadowcroft and Amber Brown Tentative Ruling: Allied's Motion to Strike is granted, without leave to amend. Plaintiffs' intentional misrepresentation claim is stricken and Argo Defendants' Demurrer is otherwise sustained, without leave to amend. Argo Defendants' Motion to Strike is denied as moot. On May 13, 2020, Plaintiffs Megan Meadowcroft and Amb...

Excerpt: ...quez for Failure to Appear.” That same day, the Court entered a default judgment against Defendant in the amount of $402,916.80 plus $25,000 in attorneys' fees. Defendant Jess Enriquez now seeks to set aside his default and default judgment under the discretionary and mandatory provisions of Code Civ. Proc. § 473(b). Defendant provides as follows, 5. . . . the relationship with my counsel failed, and my attorney filed a motion to end his repre...

Excerpt: ...dication is granted as to the issue of punitive damages. The Motion is otherwise denied. The Motion for Leave to Amend is granted. This is an employment action in which the Complaint alleges causes of action for (1) disability discrimination; (2) retaliation; (3) failure to engage in a timely, good faith, interactive process; (4) failure to reasonably accommodate disabilities; (5) retaliation for opposing violations of gov't code part 2.8; (6) fa...

Excerpt: ...sment by circulating a photo of a naked woman they claimed was Plaintiff. On January 25, 2019, Plaintiff filed the operative Complaint for sexual harassment—hostile work environment in violation of the FEHA. Defendant seeks to seal portions of “(1) Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motion for Summary Judgment; (2) Plaintiff's Responsive Separate Statement of Disputed and Undisputed Material Facts in...

Excerpt: ...n, with twenty days leave to amend. The third cause of action is stricken. The Motion to Strike is denied as moot. On January 26, 2021, Plaintiff Rotax, Inc. filed the operative Second Amended Complaint (“SAC”) for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) reformation. and (4) negligence. The allegations of the SAC are as follows. Plaintiff was an insured for a property insurance policy iss...

Excerpt: ...udice. This is an action in which it is alleged Defendants failed to provide sufficient care to Plaintiff Hill, whereby she became septic and died as a result. On December 23, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”) for (1) elder abuse/neglect against all defendants; (2) violation of Patients' Bill of Rights against Defendant Windsor Elmhaven Care Center, LLC; and (3) wrongful death against all defendants. Defenda...

Excerpt: ...lement is GRANTED. On March 22, 2019, Plaintiff Nakoma Gonzales, on behalf of himself and others similarly situated filed a complaint against Defendants Lance Camper Mfg. Corp.; Aerotek, Inc.; and Allegis Global Solutions, Inc. for (1) failure to pay minimum wages, (2) failure to pay wages and overtime under Labor Code section 510, (3) meal period liability under Labor Code section 226.7, (4) rest break liability under Labor Code section 226.7, (...

Excerpt: ...s moot as to punitive damages; (2) denied as to civil penalties; (3) granted as to prejudgment interest with twenty days leave to amend; and (4) denied as to costs and attorney fees. This is an action arising from alleged defects, most specifically involving the engine, in a 2009 Kia Optima. On December 1, 2020, Plaintiffs filed the operative Complaint for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 179...

Excerpt: ...'s (“Plaintiff”) employment with her former employer Defendant, Mystores, Inc. (“Defendant”). On December 5, 2019 Plaintiff filed several causes of action which included pregnancy discrimination, disability discrimination, failure to provider reasonable accommodation, retaliation, and wrongful termination, among others, against Defendant. On January 19, 2021, Plaintiff filed the instant Motion to Quash Defendant's subpoena to Plaintiff's ...

Excerpt: ...LAPP motion of Defendants Jeffrey Preston Bezos and Gavin de Becker, striking the entirety of the Complaint. Defendants now seek their attorneys' fees and costs as prevailing parties on their anti‐SLAPP motion. Specifically, Defendants seek $1,676,919.50 in attorneys' fees, which represents 2077.7 hours billed at hourly rates varying from $549 [1] to $1,125. Defendants also request $36,019.26 in costs. Plaintiff argues that the fee request is s...

Excerpt: ... 2020, Plaintiff Yang‐Chern Tseng, M.D. filed the operative Second Amended Complaint (“SAC”) for (1) declaratory relief, (2) breach of fiduciary duty, (3) rescission and restitution, (4) specific performance, (5) breach of contract, and (6) breach of implied covenant of good faith and fair dealing. I. Demurrer Defendants Inphenix, Inc., David Eu, and James Eu demur to the first, second, third, and sixth causes of action for failure to state...

Excerpt: ...ion, without leave to amend. The Demurrer is overruled as to the first cause of action. On September 14, 2020, Plaintiff Justin Winans as trustee of both The Gerald T. O'Connell Living Trust Dated August 1, 2014 (“Gerald Trust”) and The O'Connell Revocable Trust U/T/A 9/29/05 (“Juanita Trust”) filed a Complaint againstDefendants HKG LLP, David Hinton, CPA, and Roxy Chan, CPA. On November 10, 2020, Plaintiff filed the operative First Amend...

Excerpt: ...) CFRA retaliation, (2) FEHA retaliation, (3) FEHA disability discrimination, (4) FEHA age discrimination, (5) wrongful termination in violation of public policy, (6) FEHA failure to prevent retaliation and discrimination, (7) defamation, and (8) intentional infliction of emotional distress. Defendant Southern California Permanente Medical Group seeks to compel further responses from Plaintiff Torres as to certain deposition questions. Defendant ...