Excerpt: ...with engine defects. On May 15, 2019, Plaintiff 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 Kia Motors America, Inc. moves for summary judgment or, altern...

Excerpt: ...tion is denied. On February 2, 2021, Plaintiffs Jang Geun Chung, Sung K. Lee, Bumyon Lee, Jihye Lee, Jennifer Rhee, Grace Kwak, Chris Pak, Aeja Lim, Sarah Pak, Kyung Sun Kim, and Dong Hee Bae filed a Complaint in case no. 21STCV04092 seeking (1) a determination of the validity of election and appointment of directors at The Oriental Mission Church (“OMC”) (Corp. Code § 9418), and (2) declaratory relief. (a) Election Status Report On July 21,...

Excerpt: ...ilure to comply with notice of termination of tenancy and three day notice to quit, (2) failure to comply with thirty day notice to perform covenant or quit, (3) failure to comply with notice of termination of tenancy and three day notice to quit, and (4) unlawful detention of premises due to defendant's failure to vacate at expiration of term of lease. Plaintiff J&J Hollywood, LLC seeks summary adjudication of the second and fourth causes of act...

Excerpt: ...us, set an OSC re: Strike Answer for Defendant's Failure to Appear for April 30, 2021. Defendant did not appear at the OSC such that the Court struck his answer and entered default. The Court set an OSC re: entry of default judgment for May 20, 2021. On that date, the Court entered default judgment. Defendant Salvador Bustos seeks to set aside the default judgment in this action. Defense counsel provides that he did not appear on April 7, 2021, b...

Excerpt: ...ent domain action. Plaintiff Los Angeles County Metropolitan Transportation Agency seeks a perpetual, assignable and exclusive subsurface easement, located approximately between 101 feet and 143 feet below finish grade of the real property located at 9730 Wilshire Boulevard, Beverly Hills, California, 90212, Assessor's Parcel Number 4328‐014‐ 005. Plaintiff seeks such easement for the purposes of extending the Metro Purple Line. The property ...

Excerpt: ...amara Brown (“Tamara”) filed the operative Complaint for breach of fiduciary duty. The allegations of the Complaint are as follows. BUI is in the business of stage and special event construction; Tamara is the owner of 51% stock in BUI and is its Chief Financial Officer. Beginning in or around July 2016, Plaintiffs engaged the services of Miller, Valles, Gardner CPAs, Inc., Mark Miller, and Jared Gardner as business consultants, advisors, and...

Excerpt: ...ranted. 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. Defend...

Excerpt: ...e Company, Standard Insurance Company, Stancorp Financial Group, Link‐Allen and Associates, Inc., 455 Link‐Allen and Associates, and Does 1‐50 for (1) breach of disability insurance contract, (2) declaratory relief, and (3) breach of the implied covenant of good faith and fair dealing. On February 18, 2021, Plaintiff amended the Complaint to identify Doe 1 as Francis M. Fennie. Defendant Francis M. Fennie now demurs to all causes of action ...

Excerpt: ...t, thus, set an OSC re: Strike Defendant's Answer for Failure to Appear for April 13, 2021. At the April 13, 2021, OSC, Frank Martini, a representative of Defendant, appeared for Defendant. The Court informed Frank Martini that he could not represent Defendant because he was not an attorney. There being no appearance by Defendant, the Court struck Defendant's Answer. Defendant's default was officially entered on May 26, 2021. Defendant Martini As...

Excerpt: ...gal malpractice with respect to handling a lawsuit relating to medical negligence as to Plaintiff's cataract surgery. Plaintiff now seeks a protective order “prohibiting Defendant from taking the deposition of Plaintiff's counsel, and that other constraints be imposed on Mr. Sapir such that he cannot continue on a course of discovery abuse and abusive litigation and that he be limited in engaging in further written discovery without a further o...

Excerpt: ...eave to amend is to be argued. On March 12, 2021, Plaintiff Reynaldo Ochoa filed the operative Complaint for (1)-(5) violations of the Song-Beverly Consumer Warranty Act §§ 1793.2(d), 1793.2(b), 1793.2(a)(3), 1791.2(a) and 1794, 1795.5 and implied warranty of merchantability and fitness, (6) intentional misrepresentation, (7) concealment, (8) negligent misrepresentation, (9) fraudulent inducement, (10) false advertising, (11) violations of the ...

Excerpt: ...ve First Amended Complaint (“FAC”) against Defendants Moira Shourie, Zocalo Public Square, Arizona State University (“ASU”), and Gregory Rodriquez alleging nineteen causes of action, particularly FEHA and Labor Code violations. I. Demurrer ASU demurs to all causes of action for lack of jurisdiction and failure to state sufficient facts. Specifically, ASU contends “this Court lacks subject matter jurisdiction to hear Plaintiff's claims a...

Excerpt: ... trade secrets relating to its produce business in order to aid and join a competitor. On September 1, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) 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, (6) violations of the UCL, (7) aiding and abetting breach of fiduciary duty, and (8) intent...

Excerpt: ...t Defendant County of Los Angeles (“County”) for (1) breach of contract, (2) violations of the UCL, and (3) declaratory relief. Plaintiffs allege as follows. Plaintiffs sought a garage conversion through PACE financing, which is sponsored by the County. “Plaintiffs were approved for the PROGRAM on July 13, 2019 for the amount of $70,911.40 (plus fees and interest) and were required to enter into a written contract with Defendant COUNTY and ...

Excerpt: ...(2) breach of implied covenant, (3) violations of the UCL, (4) defamation per se—libel, (5) negligent interference with prospective economic advantage, (6) negligence, (7) unjust enrichment, (8) intentional infliction of emotional distress, (9) negligent infliction of emotional distress, and (10) punitive damages. The allegations of the Complaint are as follows. Plaintiff entered into a contract in which he agreed to sell a food trailer to Defe...

Excerpt: ... Complaint for (1) FEHA discrimination, (2) FEHA harassment, (3) wrongful termination, and (4) intentional infliction of emotional distress (“IIED”). Defendants DNH Aero Finishing Inc., Jose Luis Nerey, Erik Hernandez, and Daniel Vasquez demur to the second and fourth causes of action for failure to state sufficient facts. Defendants argue (1) severe and pervasive conduct is not pled for purposes of a harassment claim; (2) the IIED claim is b...

Excerpt: ... Order is granted. On October 23, 2019, Plaintiff Bahram Movaffaghi filed the operative Complaint for negligence. Plaintiff alleges Defendant Caroline Valdez rear‐ended him on the highway, causing both personal and property damage. I. Motion to Compel Plaintiff seeks to compel Defendant Valdez to provide further responses to his requests for production, set two, nos. 37‐41. This discovery relates to surveillance videos and photos of the Plain...

Excerpt: ...ing Party: Plaintiff Jane Doe Tentative Ruling: The Motion is granted in part. On October 17, 2018, Plaintiff Jane Doe filed the operative Complaint against Defendants Standard International Management, LLC and Does 1-50 for (1) invasion of privacy, (2) negligence, (3) premises liability, and (4) negligent hiring, supervision, and retention. The allegations of the Complaint are as follows: Plaintiff Jane Doe (“Plaintiff”) stayed at The Standa...

Excerpt: ...Inc., and Kingstone Capital, LLC for (1) constructive fraud; (2) breach of fiduciary duty; (3) professional negligence; (4) fraud (failure to disclose); (5) fraud (intentional misrepresentation); (6) unfair business practices; and (7) unjust enrichment. Plaintiff alleges, “The facts of this case concern a real estate scam orchestrated by the Defendants. Defendant Incan Project Development Inc. (‘Incan') and Defendant James Escudero (‘Escude...

Excerpt: ...��Beverly Act. Defendants Mercedes‐Benz USA, LLC and Keyes European seek to compel arbitration based on an arbitration provision found in the lease agreement between Plaintiff and the dealer, Defendant Keyes European. The subject arbitration provision is as follows: Any claim or dispute, whether in contract, tort or otherwise (including any dispute over the interpretation, scope, or validity of this lease, arbitration section or the arbitrabili...

Excerpt: ...tiffs Susan Hannaford, Marquessa Margolin, Bella M.H., a minor, and Emmanuel M.H., Jr., a minor, filed the 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,...

Excerpt: ...The Motion for Preliminary Injunction is granted in part. On May 7, 2021, Plaintiffs Playboy Enterprises International, Inc. and Products Licensing LLC filed the operative First Amended Complaint (“FAC”) against Defendants Advanced Vita Supplements, AVS Products LLC, and Sasha Matloob for (1) breach of contract, (2) violation of Bus. & Prof. Code § 17200, (3) violation of Bus. & Prof. Code § 17500, (4) declaratory relief, and (5) an account...

Excerpt: ...Tentative 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 Nov...

Excerpt: ...ally and derivatively on behalf of Lucas King, LLC (“Lucas”), filed the operative Complaint against Defendants Tabitha De La Torre and Lucas for (1) conversion (derivative), (2) breach of fiduciary duty (derivative), (3) breach of operating agreement (direct), (4) accounting (direct), and (5) dissolution (direct). Plaintiffs Harriet Fleming and Peter K. Robbins now seek a preliminary injunction. The gist of the facts for the instant Motion is...

Excerpt: ... operative Complaint against Defendants Carmax Auto Superstores California, LLC and FCA US, LLC for (1) breach of implied warranty, (2) breach of express warranty, (3) violation of the Song-Beverly Act, and (4) violation of Uniform Commercial Code (“UCC”). I. Demurrer Defendant Carmax Auto Superstores California, LLC demurs to all causes of action for failure to state sufficient facts. Defendant argues that Plaintiff's claims fail because the...