Excerpt: ...parate Motion to Quash as this one was filed while Defendant was “out of court[.]” ]” (Devlin v. Kearny Mesa Amc/Jeep/Renault, Inc., supra, 155 Cal.App.3d at 385.) FACTUAL ALLEGATIONS This is an action for money. The Complaint alleges as follows. Plaintiff Unifund CCR LLC (“Unifund”) alleges that Defendant Araksya Arutyunyan (“Arutyunyan”) requested a credit card from the original credit issuer, non-party Citibank N.A. (Compl. ¶¶ ...

Excerpt: ...and Eleventh Causes of Action; and OVERRULED as to the Ninth Cause of Action except SUSTAINED as to Plaintiff Estate of Sumi Cordova. FACTUAL BACKGROUND The complaint in this action alleges causes of action for wrongful death, fraud, and elder abuse. The First Amended Complaint (“FAC”) alleges as follows. On September 12, 2018, Plaintiff Richard Cordova (“Richard”) learned decedent Sumie Cordova's (“Sumie”), home had been foreclosed u...

Excerpt: ... to the Second Cause of Action in the Complaint is OVERRULED. Defendant Jose Orozco Reyes, Miguel Miranda Reyes, Rene Miranda Reyes, and Angel Reyes' Motion to Strike Portions of Plaintiff's Complaint is DENIED. FACTUAL BACKGROUND This is an action for declaratory relief and intentional interference with prospective economic advantage. The Complaint alleges as follows. On February 14, 2000, Plaintiff VT 2021 LLC (“VT 2021”)'s predecessor-in-i...

Excerpt: ...ur action. The Complaint alleges as follows. Plaintiff Francisco Garcia Macias (“Macias”) was employed by Defendants Able Service, Inc. (“Able”) and Crown Building Maintenance Co. (“Crown”) from 2016 to December 16, 2018 as a night custodial supervisor. (Compl. ¶¶ 8-10.) Macias argues that he was not paid for attending safety meetings and building inspections, and for responding to phone calls and texts when off-shift. (Compl. ¶¶ ...

Excerpt: ...etitioner opposes the demurrer and the motion. The demurrer is sustained. The motion to strike is denied as moot. PETITION ALLEGATIONS The Department operates California's Medicaid program, known as Medi‐Cal. Petitioner is enrolled as a local educational agency (LEA) participant of the Department's Medi‐Cal Billing Option Program (MBOP) program. (Pet., ¶ 2; Welf. & Inst. Code § 14132.06.) Under MBOP, the Department makes payments to LEAs, s...

Excerpt: ...cation. The application for writ of attachment is granted as to Plaintiff Shoe1Tec only. Plaintiffs' evidentiary objections: All objections are overruled except objection numbers 15, 16, 17, 18, 19, 20, 25, 26 and 27 which are sustained. Objection number 3 is sustained in part as to “However, . . . used.” APPLICABLE LAW The Court shall issue a right to attach order if the Court finds all of the following: 1. The claim upon which the attachmen...

Excerpt: ... action for a traditional writ of mandate under Code of Civil Procedure section 1085 (Section 1085). While Petitioner alleges Respondent, Dignity Health dba St. Mary Medical Center, has inflicted numerous wrongs upon it, Petitioner has elected to attempt to remedy those wrongs through a Section 1085 action. Thus, the dispute for resolution by this court arises in that context—a request for a traditional writ of mandate. Petitioner seeks writ, i...

Excerpt: ...to Sandoval in the amount requested of $4,810.00. FACTUAL BACKGROUND This is an action for Labor Code violations. The Complaint alleges as follows. Plaintiff Alex Sandoval (“Sandoval”) worked for Defendant Supra National Express, Inc. (“Supra”) as a truck driver from March 2013 through May 31, 2017. (Complaint ¶¶ 12– 13.) During this time, Supra failed to pay Sandoval overtime compensation and failed to provide statutory meal and rest...

Excerpt: ...ject property is located at 18110 Wakecrest Dr, Malibu, California, 90265 (the “Property”). (Complaint ¶ 5.) Plaintiffs Dieutinh Yanny and Joseph A. Yanny (the “Yannys”) leased the property in September of 2009, paying between $5,950 and $6,500 per month. (Ibid.) Defendants Camelia Malash (“Malash”) and Susan Mohamed El Ghawabi (“Ghawabi”) were the owners of the Property and the Yannys' landlords. (Complaint ¶ 2.) The complaint ...

Excerpt: ...d Eighth Causes of Action and OVERRULED as to the Fifth-Seventh Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Donna”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (FAC ¶ 1.) The FAC...

Excerpt: ...n for Order Relieving Petitioner Jackie Cothran from the Claims Presentation Requirement of Government Code section 945.6 or Otherwise Accepting her Government Claim as Timely is DENIED. PROCEDURAL HISTORY On January 28, 2021, Petitioner Jacqueline Cothran (“Cothran”) filed the instant Petition for Order Relieving Petitioner from the Claims Presentation Requirement of Government Code section 945.4. On May 17, 2021, Respondent County of Los An...

Excerpt: ...EYS' FEES PURSUANT TO C.C.P. SECTION 425.16 (ANTI-SLAPP) Defendant Mauricio Fux's Motion for Attorneys' Fees is GRANTED in the amount of $92,375 in attorneys' fees and $838.31 in costs. FACTUAL BACKGROUND This is a derivative action for breach of contract. The Complaint alleges as follows. Plaintiff Jerry Yorman Azarkman (“Azarkman”) is a shareholder of Nominal Defendant DIR International Corporation (“DIR”), owning 50%, has been elected ...

Excerpt: ...ction and OVERRULED as to the Second Cause of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Second Amended Complaint (“SAC”) alleges as follows. After Plaintiff Trina Allen (“Allen”)'s mother died in 2014, Plaintiff became the executor of the estate. (SAC ¶ 2.) There were five heirs to the estate, two heirs wanted cash for their share, and one agreed to take real estate property in lieu of cash. (SAC ¶ 3.) To pay...

Excerpt: ...rst through Seventh, Ninth and Tenth Causes of Action; and DENIED as to the Eighth Cause of Action and the request for punitive damages. FACTUAL BACKGROUND This is an action for employment discrimination. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Joshua Batterson (“Batterson”) began working for Defendant CIM Group LP (“CIM”) on a temporary basis around March 31, 2014 as a Building Coordinator. (FAC ¶ 12.) In J...

Excerpt: ...Creditor Second Generation, Inc.'s Motion for an Order Amending Judgment to Add Individuals and Entities as Additional Judgment Debtors Pursuant to Cal. Code. Civ. Proc. § 187 is DENIED. PROCEDURAL BACKGROUND Judgment Creditor Second Generation, Inc. (“SecGen”) is a women's clothing and apparel design, sale, and wholesale distribution company. On March 12, 2008 SecGen entered into a contract with Kody for the production and sale of clothing....

Excerpt: ...Creditor Second Generation, Inc.'s Motion for an Order Amending Judgment to Add Individuals and Entities as Additional Judgment Debtors Pursuant to Cal. Code. Civ. Proc. § 187 is DENIED. PROCEDURAL BACKGROUND Judgment Creditor Second Generation, Inc. (“SecGen”) is a women's clothing and apparel design, sale, and wholesale distribution company. On March 12, 2008 SecGen entered into a contract with Kody for the production and sale of clothing....

Excerpt: ...o the Second, Twenty-Second, and Twenty- Fourth Affirmative Defenses, and OVERRULED as to the remainder. FACTUAL BACKGROUND This is an action for employment discrimination. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Duncan Milner (“Milner”) was employed by Defendants beginning in 1987 until he was terminated in June 2019 while serving as the global creative president for TBWA Worldwide. (SAC ¶¶ 10, 14d.) Defendan...

Excerpt: ...s GRANTED. FACTUAL BACKGROUND This is an action for fraud. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Metropolitan Direct Property and Casualty Company, Inc. (“Metro”) hired Defendant Erwin Raul Mejia (“Mejia”) as an appraiser and adjuster in February 2015. Until Mejia resigned in July 2016, Mejia submitted false and fraudulent bodily injury and vehicle damage claims, which resulted in payments to others. (SAC ...

Excerpt: ... Cause of Action is STAYED during the arbitration process. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Zonia Estupinian (“Estupinian”) was hired on June 2, 2011 by Defendants Burke Williams, Inc. (“BWI”) and Trion Solutions, Inc. (“Trion”) to work as a spa attendant. (Compl. ¶ 17.) During her employment, Estupinian was not permitted and not advised to take her statutory rest breaks, ...

Excerpt: ...August 9, 2022. All discovery and expert designation dates are to be calculated from the August 23, 2022 trial date. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Harte”), also known as “White Harte Public House” as a cook/kitchen staff member. (Compl. ¶¶ 17-20.) Perez alleges that she was regularly deprived of statutory ...

Excerpt: ...mplaint is GRANTED. FACTUAL BACKGROUND This is an action for fraud. The First Amended Complaint alleges as follows. Plaintiff Jee Hoon Choi (“Choi”) is the brother of the late Jee Hyun Han (“Jee Han”), who died in October 2016 with assets. (FAC ¶¶ 8-10.) Choi owns and operates a company in Hong Kong and formed a company in Korea named Dong In Ga. (FAC ¶ 13.) Defendant Romy Tiffanie Han (“Han”) has filed numerous lawsuits in Korea a...

Excerpt: ...ts Community Loan Servicing, LLC and Seaside Trustee, Inc.'s Demurrer to the Third Cause of Action as to Seaside is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Second Amended Complaint (“SAC”) alleges that on May 1, 2018, Defendant Seaside Trustee, Inc. (“Seaside”) recorded an executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property belonging to Pl...

Excerpt: ...LED as to all causes of action. Plaintiff and Cross-Defendant 2120 Foothill Properties, LLC's Motion to Strike Portions of the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. On August 29, 2014, Plaintiff 2120 Foothills Properties, LLC (“2120”) and Defendant Edwin Kendrick (“Kendrick”) entered into an agreement for Kendrick to leave office space (the “Premises”) unt...

Excerpt: ...LED as to all causes of action. Plaintiff and Cross-Defendant 2120 Foothill Properties, LLC's Motion to Strike Portions of the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. On August 29, 2014, Plaintiff 2120 Foothills Properties, LLC (“2120”) and Defendant Edwin Kendrick (“Kendrick”) entered into an agreement for Kendrick to leave office space (the “Premises”) unt...

Excerpt: ...ntil after the hearing. At the hearing on this Motion, the Court requests both parties to present argument regarding the claims that Anderson seeks to bring on her own behalf, how these differ from the claims already subject to the settlement, and whether they are barred by the statute of limitations. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Department of Fair Employment and H...

Excerpt: ...he hearing on this Motion, the parties are to update this Court as to the current status of the arbitration hearing, including the expected date of conclusion. INTRODUCTION This is a breach of contract action. The Complaint alleges as follows. Plaintiff Rita Regency Sponsor, LLC (“RRS”) is comprised of two members, non-party Rita Hollywood Skyline, LLC (“RHS”) and Defendant EMC Partners, LLC (“EMC”) pursuant to an LLC Agreement (the �...

Excerpt: ...Judgment is MOOT as to Keisha Hammond and DENIED as to Prism Collective, Inc. FACTUAL BACKGROUND This is an action for fraudulent inducement. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dr. Gary Grimes (“Grimes”) is a physician and anesthesiologist. (FAC ¶ 11.) In September/October 2017, Defendant Vyncent Hammond (“Hammond”) and the other Defendants made a financial business presentation to Grimes regarding thei...

Excerpt: ...omplaint is DENIED. FACTUAL BACKGROUND This is an employment retaliation action. The Complaint alleges as follows. Plaintiff Rafael Galindo Zazueta (“Galindo”) was employed by Defendant Elite Comfort Solutions, LLC (“Elite”) beginning in May 2018 as a fabrication worker and sewing machine operator. (Compl. ¶ 12.) On July 10, 2020, Galindo informed his plant manager, Gerardo Franco (“Franco”), that his daughter was in the hospital, an...

Excerpt: ...the Motion to Strike Portions of the First Amended Cross-Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Zhang”) negotiated with Defendant Zhe Zhang (“Zhe”) regarding renovations to the Subject Properties. (Compl. ¶ 11.) Zhe required payments of two “deposits” before any contract was signed and work began. (Compl. ¶¶ 13-14.) The contract u...

Excerpt: ...��) purchased the real property at-issue on October 11, 1995. (Compl. ¶ 7.) On August 29, 2003, Arreola recorded a grant deed conveying the property to himself and Defendant Leticia Gutierrez (“Gutierrez”) as joint tenants. (Compl. ¶ 8.) Arreola seeks partition and sale of the property. (Compl. ¶ 14.) PROCEDURAL HISTORY Plaintiff filed the Complaint on February 21, 2020, alleging a single cause of action for partition. On April 14, 2020, G...

Excerpt: ...s of Action; and OVERRULED as to the Sixth Cause of Action. Defendant Keller Fishback & Jackson LLP's Motion to Strike is GRANTED as to the reference to attorneys' fees in paragraph 63 page 9, line 28; and DENIED as to the remainder. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Sedric James (“James”) was employed by Defendant Keller, Fishback and Jackson LLP (“KFJ”) as a Sen...

Excerpt: ...nal Tea Importers, Inc.'s Demurrer to the First Amended Cross- Complaint is SUSTAINED with leave to amend as to the Third, Fourth, Fifth, and Sixth Causes of Action. Cross-Defendant Shredz Supplements, LLC's Demurrer to the First Amended Cross-Complaint is SUSTAINED with leave to amend as to the Third, Fourth, and Sixth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavo...

Excerpt: ...GMENT Defendants Atom Nanoelectronics, Inc. and Kristopher Smolinski's Motion to Dismiss is DENIED. Plaintiff Labor Commissioner's Motion to Strike the Answer is GRANTED as to Nano due to Smolinski's improper legal representation of Nano. The Motion to Strike the Answer is DENIED as to Smolinski. Smolinski is ordered to file a notice of address change pursuant to California Rules of Court, Rule 2.200 if the address on-file is not current. Plainti...

Excerpt: ...laint is GRANTED. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose of cultivating cannabis. (Complaint ¶ 10.) Poltavski repeatedly represented to Palagashvili that he would obtain the necessary p...

Excerpt: ...roperty belonging to Plaintiff Ricardo Arredondo (“Arredondo”). (SAC ¶ 37.) Arredondo alleges that the trustee's sale was void pursuant to Civil Code section 2934a because “it was held by Seaside Trustee, Inc., A Nevada Corporation, after the initial Substitution of Trustee in favor of Seaside Trustee, Inc., without a new Substitution of Trustee naming Seaside Trustee, Inc., A Nevada Corporation, and without recording a new Notice of Sale....

Excerpt: ...TION OF MONETARY SANCTIONS AGAINST PLAINTIFF PURSUANT TO CCP § 128.7 Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2's Motion for Imposition of Monetary Sanctions Against Plaintiff is DENIED. FACTUAL BACKGROUND This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject pr...

Excerpt: ...nd Spencer Vodnoy's Demurrer to the First Amended Cross-Complaint is OVERRULED. Cross-Defendants' Motion to Strike is GRANTED as to the prayer for attorneys' fees, and otherwise DENIED. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation partnership with Defendants Bryon Russell (...

Excerpt: ...s. Plaintiff Robert Hedvat (“Hedvat”) leased a 2018 BMW on May 31, 2018 from non-party Beverly Hills BMW with an express written warranty. (Compl. ¶¶ 7-8.) Defendant BMW of North America, LLC (“BMW”) manufactured and/or distributed the vehicle. (Compl. ¶ 7.) During the warranty period, the vehicle developed various defects and conditions, and BMW's repair facilities have been unable to service or repair the vehicle to conform to the ex...

Excerpt: ...an action violations of the Investigative Consumer Reporting Agencies Act (“ICRAA”). The Complaint alleges as follows. Plaintiffs Elijah Butcher (“Butcher”), Roberta Haro (“Haro”), and Shawn Haag (“Haag”) were prospective tenants at an apartment complex managed and operated by Defendants Solari Enterprises, Inc. (“Solari”), CAC East, L.P. (“East”), and CAC West, L.P. (“West”). (Compl. ¶¶ 7-12.) The Plaintiffs applied...

Excerpt: ...AC”) alleges as follows. Plaintiff David Seror is the Chapter 7 Bankruptcy Trustee for the estate of Boghos Babadjanian (“Babadjanian”). (4AC ¶ 1.) Babadjanian purchased a Ferrari vehicle in December 2010 and was the registered owner. (4AC ¶ 7.) On January 15, 2012, Defendant Andre Wegner (“Wegner”) told Babadjanian that he could sell Babadjanian's Ferrari for a commission. (4AC ¶ 11.) Wegner stopped communicating with Babadjanian an...

Excerpt: ...ACKGROUND This is an action for wage-and-hour violations. The Complaint alleges as follows. Plaintiff Veronica Efigenio (“Efigenio”) was hired by Defendant H&G Sewing (“H&G”) on May 29, 2016. (Compl. ¶ 13.) Plaintiff alleges various wage and hour violations that took place during her employment. (Compl. ¶¶ 14-16.) On June 18, 2018, Plaintiff's employment with H&G ended. (Compl. ¶ 17.). PROCEDURAL HISTORY Efigenio filed the Complaint o...

Excerpt: ...MOTION TO JOIN AND JOINDER IN THE MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION The motion of Defendant York Risk Services Group to join in the Motion by Princeton Excess and Surplus Lines Insurance Company, and Munich Reinsurance America, Inc.'s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED. The Motion for Summary Judgement by Defendants Princeton Excess Surplus Lines Insurance Co...

Excerpt: ...plaint's First and Second Causes of Action is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for breach of contract and common counts. The Complaint alleges as follows. On September 4, 2018, Defendant Wonju Lee (“Lee”) entered into a lease agreement with non-party Martin Cadillac (“Cadillac”) for a 2018 Cadillac Escalade (the “Vehicle”), under which Lee took delivery and possession of the vehicle from Cadillac. (C...

Excerpt: ... with leave to amend as to the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret Hashaway-Rhodes and Elon Mackins p/k/a Elon Rhodes (the “Plaintiffs”) purchased, on January 1, 2012, a new 2012 Kia Optima with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, t...

Excerpt: ...Amended Complaint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for negligence. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Judith Contreras (“Contreras”) attempted to apply for a Social Equity retail cannabis license from the City of Los Angeles – Department of Cannabis Regulation (the “City”). (FAC, GN-1.) Plaintiff's application could not be submitted appropriately due to the Defenda...

Excerpt: ... JOHN WILCOX, M.D.; AND BRADFORD KOLB, M.D.'S MOTION TO COMPEL ARBITRATION AND STAY COURT PROCEEDINGS The Moving Defendants' Motion to Compel Arbitration is GRANTED as to the First through Seventh Causes of Action. The Eighth Cause of Action is STAYED as to all parties pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for wrongful termination. The Complaint alleges as follows. Plaintiff Sanzal Ghazal, M.D. (“Ghazal”)...

Excerpt: ...The Complaint alleges as follows. Plaintiff Jee Hoon Choi (“Choi”) is the brother of the late Jee Hyun Han (“Jee Hyun”), who died in October 2016 with assets. (Compl. ¶¶ 8-10.) Choi owns and operates a company in Hong Kong and formed a company in Korea named Dong In Ga. (Compl. ¶ 13.) Defendant Romy Tiffanie Han (“Han”) has filed numerous lawsuits in Korea to take control of Choi's company and created a fraudulent handwritten will ...

Excerpt: ...KGROUND This is an action for Labor Code and FEHA violations. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Patricia Frazier (“Frazier”) started working for Defendant Farmers and Merchants Bank, Farmers and Merchants Bank of Long Beach (“Farmers”) in 2005 in the residential lending department, and she became the head of the department in 2008. (“FAC ¶ 1.) Beginning in 2014, various practices resulted in Frazier ...

Excerpt: ... Pedroza ("Pedroza" or “Plaintiff”)[1] worked for defendant CSK Auto, Inc. ("CSK") as a non-exempt "Parts Specialist" from March 2012 until May 2012 at CSK's Ontario, California location. (Second Amended Complaint ("SAC") ¶ 22.) The SAC alleges that Pedroza and similarly situated employees were not paid for all hours worked because not all hours were recorded, were not paid overtime, were not paid at least minimum wage for work done off the ...

Excerpt: ...rst Amended Complaint is OVERRULED as to all causes of action. FACTUAL BACKGROUND This is an action for open book account money due. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Nova Sonic Inc. (“Nova”) is corporation to whom Defendants Prestige Electronic Imports Inc. (“Prestige”) and Habib Ghalchi (“Ghalchi”) became indebted in an amount of $94,330.85 since November 16, 2017. (FAC ¶ 7.) PROCEDURAL HISTORY N...

Excerpt: ...yong Park, Grace Jeonghi Park, John Haebyong Park as Trustee of the 2008 Park Family Trust, and Grace Jeonghi Park as Trustee of the 2007 Park Family Trust's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED with leave to amend as to the Second, Sixth, and Eighth Causes of Action; and OVERRULED as to the First, Third, Fourth, Fifth, Seventh, and Ninth Causes of Action. FACTUAL BACKGROUND This is an action for breach of the warranty of...

Excerpt: ...ments, LLC, and Parkville LLC's Demurrer to the Complaint is SUSTAINED with leave to amend as to the First and Second Causes of Action and OVERRULED as to the Third and Fifth Causes of Action. The Demurrer was not brought as to the Fourth or Sixth Causes of Action. Defendants' Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The Complaint alleges as follows. Plaintiffs Armando Flores (�...

Excerpt: ...e Haft (“Haft”) leased property to Defendant Omar Nukta (“Nukta”) for a fixed-term lease expiring February 28, 2021 at $16,500 per month. (Compl. ¶ 6.) Haft demands possession of the property because the fixed-term lease expired. (Compl. ¶ 10.) PROCEDURAL HISTORY Haft filed the Complaint on March 3, 2021, alleging a single cause of action for unlawful detainer. On March 16, 2021, Nukta filed the instant Demurrer. On March 30, 2021, Haft...

Excerpt: ...ents' Petition to Correct/Vacate the Arbitration Award is DENIED. PROCEDURAL HISTORY On December 4, 2020, Petitioners filed the Petition to Confirm the Contractual Arbitration Award. On December 21, 2020, Respondents filed the Petition to Vacate or Alter Arbitration Award. On December 21, 2020, Respondents filed a Response to Petitioners' Petition. On January 19, 2021, Petitioners filed an Opposition and Response to Respondents' Petition. On Marc...

Excerpt: ...his action is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment harassment and discrimination, and wage & hour. The Complaint alleges as follows. Plaintiff Reymel Turner (“Turner”) was hired by Defendant Team Car Care, LLC (“TCC”) in August 2017 and worked there as an assistant manager until August 18, 2020. (Compl. ¶ 12.) Plaintiff's manager, Defendant Richard Barbosa (“Barbosa”) began...

Excerpt: ...A MESIAS, JAN FORD, THEO CHAN, AND THE HUTTON GROUP'S MOTION FOR SUMMARY JUDGMENT, OR, ALTERNATIVELY, SUMMARY ADJUDICATION Defendants Figueroa Arms Apartments, Inc., Figueroa Arms Condominium Association, Inc., Lordon Enterprises, Inc. dba Lordon Management Co., Jillian Howden, Jeremy Tijerina, Veronica Mesias, Jan Ford, Theo Chan, and The Hutton Group's Motion For Summary Adjudication is GRANTED as to the First, Second, Fourth, and Fifth Causes ...

Excerpt: ...s SUSTAINED without leave to amend. FACTUAL BACKGROUND This is an action for improper trustee sale. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Airlux Aircraft, Inc. (“Airlux”), of which Plaintiff Mark Liker (“Liker”) 100% shareholder, owned the Subject Property. (SAC ¶ 9.) The Subject Property is subject to a loan secured by Deeds of Trust held by Defendants Secured Income Fund-II, LLC (“SIF”) and PLM Loan...

Excerpt: ...D COMPLAINT AND MOTION TO STRIKE Defendant Douglas Elliman of California, Inc. (erroneously sued as Douglas Elliman, Inc. – Doe #1)'s Demurrer to the Second Amended Complaint is OVERRULED as to both the Second and Third Causes of Action. Defendant Rodeo Realty, Inc.'s Demurrer to the Second Amended Complaint is OVERRULED as to the Second Cause of Action and SUSTAINED with leave to amend as to the Third Causes of Action. Defendant Douglas Ellima...

Excerpt: ...d to Set Aside and Recall Orders for Publications is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff George Santopietro (“Santopietro”) and Defendants James Harden (“Harden”), Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals LLC (“LA Rentals”), and Solimar Management LLC (“Solimar,” and collectively,...

Excerpt: ...hird Causes of Action. Defendant Principles, Inc.'s Motion to Strike Plaintiff's Prayer for Punitive Damages is DENIED. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The Complaint alleges as follows. Plaintiff Carolyn Carter (“Carter”), was hired by Defendant Principles, Inc. (“Principles”) around 2000. (Compl. ¶ 4.) In 2014, Principles hired non-party Rudy Martinez (“Martinez”) as Director of Ou...

Excerpt: ...INOSA INTERIOR SOLUTIONS, INC.; Plaintiff, v. THE BEE CONSTRUCTION, a California Corporation, et al. Defendants. ONNI CONTRACTING (CALIFORNIA), INC.; Plaintiff, v. DOMUS DESIGN GROUP LLC dba DOMUS & DOMUS GROUP, LLC, et al. Defendants. AND RELATED CROSS-ACTIONS Defendant and Cross-Complainant Domus Design Group, LLC's Motion for Leave to File a First Amended Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract a...

Excerpt: ...efendants KSFB Management, LLC, NKSFB, LLC, and Mickey Segal's Motion to Compel Arbitration is DENIED. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Wayne Kamemoto (“Kamemeto”) of Defendants KSFB Management, LLC (“KSFB”) and NKSFB, LLC (“NKSFB”). (FAC ¶ 2.) On January 8, 2021, Plaintiff was terminated, both explicitly and constructivel...

Excerpt: ...ng Qiu (“Qiu”) was hired by Defendant Globalbank Securities, Inc. (“Globalbank”) in October 2018 as an account executive. (Compl. ¶ 7.) Upon starting employment, Defendant Michael Junhua Liao (“Liao”) subjected Qi to sexual harassment and a hostile work environment. (Compl. ¶¶ 7-11.) Defendants terminated Qi from her position in retaliation for complaining of the sexual harassment. (Compl. ¶ 12.) PROCEDURAL HISTORY Plaintiff filed...

Excerpt: ...f contract action. The Complaint alleges as follows. Plaintiff Skilled Facility Health Care Solutions, Inc. (“SFHCS”) provides skilled wound care and management to patients in nursing homes. (Compl. ¶ 7.) SFHCS' founder perfected a surgical procedure called the “G-Tube Procedure.” (Compl. ¶ 8.) Any independent contractor who works within SFHCS must sign a confidentiality agreement that he/she will not use or disclosure any proprietary, ...

Excerpt: ...f contract action. The Complaint alleges as follows. Plaintiff Skilled Facility Health Care Solutions, Inc. (“SFHCS”) provides skilled wound care and management to patients in nursing homes. (Compl. ¶ 7.) SFHCS' founder perfected a surgical procedure called the “G-Tube Procedure.” (Compl. ¶ 8.) Any independent contractor who works within SFHCS must sign a confidentiality agreement that he/she will not use or disclosure any proprietary, ...

Excerpt: ...Recover Post- Judgment Costs and Attorney Fees is GRANTED in the amount of $27,025 in attorneys' fees and $2,492.11 in costs. I. MOTION TO RECOVER POST-JUDGMENT COSTS AND ATTORNEY FEES The facts relating to this case are fully forth in prior Rulings by the Court. On October 6, 2020, Charon Solutions, Inc. (“Charon”)'s attorney requested an award of fees and costs incurred in attempting to collect on the judgment. (Minute Order 10/6/20.) This ...

Excerpt: ...aintiffs' Complaint is DENIED. FACTUAL BACKGROUND This is a habitability action. The Complaint alleges as follows. In April 2017, Plaintiffs Jackie Roberts (“Roberts”) and Wyatt Fitchew (“Fitchew”) and their mother entered into a written rental agreement with Defendants 4647 Coldwater LLC (“Coldwater”) and Cornerstone R/E Management Inc. (“Cornerstone”). (Compl. ¶ 8.) Plaintiffs moved out in June 2018. (Compl. ¶ 10.) During Plai...

Excerpt: ...rved prior to the hearing on this Motion, the Motion will be DENIED. If proper responses are not served by the date of the hearing, the Court will GRANT the Motion and deem the requests admitted. If the Motion is granted, the Court will award sanctions to CPM in the amount of $810. FACTUAL BACKGROUND This is an action for violations of the Labor Code. The Complaint alleges as follows. Plaintiff Hugo Huerta (“Huerta” or “Plaintiff”) was em...

Excerpt: ... unlawful detainer action. The Complaint alleges as follows. Defendants Seonhyeon Jeon (“Jeon”), Han Kyung Jin (“Jin”), and Jae Yong Jeon (“Yong Jeon”), for the past four years, agreed to rent the premises in a year-long lease payable as $3,300 per month pursuant to a written lease. (Compl. ¶ 6.) On February 25, 2019, Plaintiff KB Partners, LLC (“KB”) served a 3-day notice to pay rent or quit. (Compl. ¶ 7.) Defendants remain in ...

Excerpt: ...dgment is DENIED. FACTUAL BACKGROUND This is an action for contribution. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Sargon Enterprises, Inc. (“Sargon”) retained Defendant Lewis Brisbois Bisgaard & Smith LLP (“Lewis Brisbois”), along with other law firms, to represent it in a lawsuit against USC (Case No. BC209992), in which it won a jury verdict, $433,000 in damages, and $4 million in attorneys' fees. (FAC ¶¶ ...

Excerpt: ...; and SUSTAINED with leave to amend as to the Second and Fourth Causes of Action. Defendant Lakewood Regional Medical Center's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The Complaint alleges as follows. In June 2019, Plaintiff Jane Doe (“Doe”) was encouraged to apply for a position with Defendants Lakewood Regional Medical Center (“Lakewood”) and Caremore Health Plan (�...

Excerpt: ...bu Unified School District's Demurrer to the First Amended Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for violations of the Brown Act. The First Amended Complaint (“FAC”) alleges as follows. In a meeting on March 5, 2020, the Board of Education (the “Board”) for the Santa Monica Malibu Unified School District (“the District”) took action to approve the District's Second Interim Budget by a formal vote of the Board on...

Excerpt: ...r fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation partnership with Defendants Bryon Russell (“Russell”) and Carlos Dew (“Dew”), as well as Rodney Taylor. (Complaint ¶ 10.) To induce Vodnoy to close his law practice and join the venture, Russell in June 2016 represented to Vodnoy that he would pay Vodnoy's ex...

Excerpt: ...y. Plaintiff Gary O'Connor (“O'Connor”) alleges that he is the trustee of a trust that is the owner of a 90.05 percent share in two parcels of real property in Los Angeles, the “Compton Property” and the “East 1st Property.” (First Amended Complaint (“FAC”) ¶ 1.) The Complaint alleges generally that O'Connor entered into a Purchase Agreement (“Purchase Agreement”) with the owners of the remaining 9.95 percent interest in both...

Excerpt: ...ONER JANET MIRAMONTES' PETITION TO APPROVE COMPROMISE OF PENDING ACTION AS TO MINOR, NOAH ORTIZ MIRAMONTES The Petitions are GRANTED as to Minors Perla Aviles, Alaia Ortiz Miramontes and Noah Ortiz Miramontes. FACTUAL BACKGROUND This is a landlord/tenant action. The Complaint alleges as follows. Plaintiffs Manuel Miramontes (“Miramontes”) et al. are, or have been, tenants in the apartment building at issue (the “Apartment Building”) at va...

Excerpt: ...r breach of contract and professional negligence. The First Amended Complaint (“FAC”) alleges as follows. In November 2017, Plaintiff Dana Urick (“Urick”) retained defendants Venable LLP (“Venable”), Alex Weingarten (“Weingarten”), and Belinda Martinez Vega (“Vega,” and collectively, “the “Defendants”) to provide legal serves to Urick as Trustee of the Allyne L. Urick Trust. (FAC ¶ 14.) The parties executed a written re...

Excerpt: ...OMPLAINT Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Alt-A Trust 2006-2's Demurrer to the Complaint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is a mortgage foreclosure action. Plaintiff Natalie Gayeva (“Gayeva”) obtained the subject property (the “Property”) via quitclaim deed from Michael Finazzo, and r...

Excerpt: ...A'S MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF PERSONAL JURISDICTION Specially Appearing Defendants Houston Astros, LLC, James Robert Crane and Derek Vigoa's Motion to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED. Specially Appearing Defendants Houston Astros, LLC, James Robert Crane and Derek Vigoa's Motion to Dismiss for Inconvenient Forum is GRANTED. FACTUAL BACKGROUND This is an action for unfair business practice...

Excerpt: ...AUSTRALIA INC.'s AND BRADLEY GIBSON'S SPECIAL MOTION TO STRIKE UNDER CCP SECTION 425.16 ORDER RE: DEFENDANT SEVEN SATELLITE PTY LTD, DBA SEVEN NETWORK AUSTRALIA INC.'S MOTION FOR TERMINATING SANCTIONS OR, IN THE ALTERNATIVE, AVOID AND REVERSE THE REASSIGNMENT OF THIS ACTION FACTUAL BACKGROUND This is an action for defamation and related torts. The complaint alleges that Plaintiff Susan Hannaford was a famous child actor in Australia during the 19...

Excerpt: ...'s Motion for Attorneys' Fees is GRANTED in the amount of $30,755 in attorneys' fees and $1,592.15 in costs. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. On or about 2016, Plaintiffs purchased a 2016 Chevrolet Truck/Express. (Complaint ¶ 8.) From the time that Plaintiffs received the truck through the present, the truck has failed to function properly and is not safe or reliable. (Complaint ¶ 10.) Defendants ...

Excerpt: ...ND This is a foreclosure/fraud/wrongful debt collection action. The Second Amended Complaint (“SAC”) alleges as follows. In November 2006, Plaintiff Diana Gray f/k/a Diana Bogden (“Bogden”) entered into negotiations to purchase a residential property in West Hollywood (the “Property”). (SAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First Financial Mortgage, a financial advisor with a special relationship with Defen...

Excerpt: ...ND This is a Proposition 65 action. The Complaint alleges, on behalf of the public interest, that Defendants Super Center Concepts, Inc. (“Super Center”) and Cabrera Distribution, Inc. (“Cabrera”) manufacture/distribute/promote/sell various turmeric dietary supplements, which contain lead. (Compl. ¶¶ 26-27.) Plaintiff Consumer Advocacy Group, Inc. (“CAG”) seeks a permanent injunction mandating Proposition 65-compliant warnings. PROC...

Excerpt: ...action is STAYED during the arbitration process. FACTUAL BACKGROUND This is an action regarding the deceptive sale of a defective vehicle. The Complaint alleges as follows. On November 1, 2019, Plaintiff Katherine Williams (“Williams”) purchased a 2018 Honda Civic from Defendant RHC Automotive Inc. dba Nissani Bros Chrysler Dodge Jeep Ram (“RHC”). (Compl. ¶ 6.) RHC represented to Williams that it had legal title and registration to sell ...

Excerpt: ... deed in lieu of foreclosure, conveying the property back to Plaintiff. However, the property was encumbered by the PACE liens, and when Plaintiff sold the property, it had to pay the PACE debt in full through the escrow proceeds. Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant FortiFi Financial, Inc. f/k/a Energy Efficiency Equity, Inc...

Excerpt: ...ction for embezzlement. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Iraj V. Kashani and Irang, Inc. dba Westwood Mobil (“Plaintiffs”) employed Defendant Farzana Sheikh (“Sheikh”) as a cashier at a Mobil gas station. (FAC ¶ 11.) From 2010 through 2018, Sheikh failed to record sales of certain items, leading to a loss of at least $157,000. (FAC ¶ 12.) This money was misappropriated for Sheikh's own benefit. (FAC...

Excerpt: ...s GRANTED with leave to amend as to the Fifth Cause of Action. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Robin Reid (“Reid”) is a 66-year old man who was employed by Beverly Hills Unified School District for 23 years as a residency investigator. (TAC ¶¶ 8, 11.) Reid alleges that he brought several safety concerns to his supervisor...

Excerpt: ... California's Petition to Confirm Contractual Arbitrator Award is GRANTED. Judgment is entered in favor of USC. Neither party is ordered to pay anything. Defendant University of Southern California's Motion to File Under Seal is GRANTED. FACTUAL BACKGROUND This a FEHA discrimination and retaliation case. The Complaint alleges as follows. Plaintiff Leeanna Izuel (“Izuel”) was employed by Defendant University of Southern California (“USC”) ...

Excerpt: ...te matters. The Complaint makes various allegations that public figure, Defendant Kylie Jenner (“Jenner”), improperly “hacked” and/or accessed Plaintiff Charles Newton (“Newton”)'s social media accounts/text messages/data files. (Compl. at p. 1.) Newton makes various allegations regarding Instagram posts made by Jenner which indicate that Jenner has knowledge of his private facts and casts him in a false light. (Compl. at p. 2.) PROCE...

Excerpt: ...s DENIED. Williams may redact content unrelated to Defendants' requests from her production. FACTUAL BACKGROUND This is an action assault, invasion of privacy, and discrimination in the provision of public accommodations. The Complaint alleges as follows. Plaintiff Lexus Rogers (“Rogers”) was meeting friends at Cabo Cantina, the dba of Defendant CC Venice LLC (“CC”), in December 2017. (Complaint ¶ 7.) Rogers went to use one of three sing...

Excerpt: ...irst Cause of Action; SUSTAINED with leave to amend as to the Second and Third Causes of Action; SUSTAINED without leave to amend as to the Fourth and Fifth Causes of Action as they pertain to money damages; and OVERRULED as to the Fourth and Fifth Causes of Action as they pertain to injunctive relief. Defendant City of Whittier's Motion to Strike the prayer for punitive damages is GRANTED. with leave to amend. FACTUAL BACKGROUND This is an actio...

Excerpt: ...ion on the First – Fifth, and Seventh Causes of Action is GRANTED. The Motion for Summary Adjudication on the Sixth Cause of Action is DENIED. FACTUAL BACKGROUND This is a FEHA age discrimination case. The Complaint alleges as follows. Plaintiff Santos Celso Martinez (“Martinez”) was employed by Defendant Yoshinoya America, Inc. (“Yoshinoya”) from 1990 until March 21, 2017 as a cook, cleaner, and preparer. (Compl. ¶ 8.) At the time of ...

Excerpt: ...lleges as follows. On June 8, 2019, Plaintiff Christine Cartwright (“Cartwright”) purchased a 2018 Honda Civic pursuant to a conditional sales contract with the dealership, who assigned its interest in the contract to Defendant Bridgecrest Credit Company, LLC (“Bridgecrest”). (Compl. ¶ 1.) Cartwright made timely monthly payments to Bridgecrest, but Bridgecrest hired Defendant Eagle Adjusters (“Eagle”) to repossess the vehicle. (Compl...

Excerpt: ...GP's Motion for Attorneys' Fees is GRANTED in the amount of $26,256 in total attorneys' fees and $499.25 in total costs. ALLEGATIONS IN THE COMPLAINT IN THIS ACTION General filed its Complaint in 19STCV01317 on January 15, 2019. This Complaint alleges the following: Defendant Sunset Hills Car Wash, Inc. (“Sunset Hills”) entered into a sublease with Plaintiff General Street Media, LLC (“General”) in April 2016 granting General exclusive po...

Excerpt: ... as reasonable attorney's fees incurred as a result of Defendants' default. FACTUAL HISTORY This is an action for breach of contract. The Complaint alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments...

Excerpt: ...aint alleges as follows. Plaintiff James Moore (“Moore”) was good friends with Barbara Hayes (“Barbara”), the late wife of Defendant Edward Hayes aka Phil Hayes (“Hayes”). (Compl. ¶ 11.) In 1994, the parties entered into an oral joint venture agreement whereby the Moore would locate a suitable parcel, Hayes and Barbara would contribute the initial funds to purchase, Moore would custom design a house and obtain permits and build the h...

Excerpt: ...he Court will GRANT Defendant Joseph Sully's Motion for Dismissal of Action. The Third Amended Complaint against Sully will be DISMISSED WITH PREJUDICE. FACTUAL BACKGROUND This is a conversion case. Plaintiff Boghos Babadjanian (“Babadjanian”) is a mechanic who would frequently enlist Defendant Andre Wegner (“Wegner”) to sell vehicles. (Third Amended Complaint (“TAC”) ¶¶ 10–13.) On January 15, 2012, Wegner told Babadjanian that he...

Excerpt: ...AINED with leave to amend. Because the Court sustains the Demurrer as to the entire FAC, this Court DENIES the Motion to Strike as MOOT. FACTUAL BACKGROUND This is an action for breach of fiduciary duty and constructive fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Serpouhie Sarkissian (“Sue”) and Jirair Sarkissian (“Jirair”) are a married couple who were close friends with a family, Defendants Antranik Bag...

Excerpt: ...Complaint is OVERRULED as to Defendants Apex Resources, Lo, and Bao. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Chenlu Nie (“Nie”) was employed by Defendants Apex Data Center, Inc. (“Apex Data”), Jacky Lo (“Lo”), Linda Bao (“Bao”), and Bo Qian (“Qian”) from August 1, 2018 to September 16, 2019. (Compl. ¶ 1.) The parties executed an employment agreement for Nie. In exchange f...

Excerpt: ...f's Motion for Summary Judgment is GRANTED. Defendant Alan Fattal's Motion for Summary Judgment is GRANTED. FACTUAL BACKGROUND This is a construction defect action. The Complaint alleges as follows. Plaintiffs Marcus and David Sanford (the “Sanfords” or “Plaintiffs”) were owners of a residential single- family home (“Subject Property”). (Compl. ¶ 2.) They allege that Defendants 730 Stanley Investments, LLC (“730”), Haytham Kafouf...

Excerpt: ...CKGROUND This is an action for breach of contract. The Complaint alleges as follows. On July 30, 2015, Defendant Paul Blanco (“Blanco”) entered into a sublease with CarFoxy, LLC, the predecessor-in-interest to Plaintiff Shift Operations LLC (“Shift Operations”) for the lease of real property. (Compl. ¶ BC-2.) The sublease and master lease provided that without 90 days after expiration of the sublease, the sublessor (Blanco) must return t...