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...