Excerpt: ... in the amount of $61,285.00 in attorney fees and an amount to be determined in costs following the January 24, 2022 hearing on Defendant Mercedes-Benz USA, LLC's motion to tax costs. FACTUAL BACKGROUND This is a Lemon Law action. The Complaint alleges as follows. On May 17, 2015, Plaintiffs Eduardo Cruz Aquino aka Edwardo Cruz Aquino (“Aquino”), Omar Cruz (“Cruz”), and Roxanna Cruz Aquino (“Roxxana”) (collectively, “Plaintiffs”) ...

Excerpt: ...ed separately.. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff 608 Matteo, LLC (“Plaintiff”), as lessor, and Defendants Arts District Patient Collective, Inc. (“ADPC”) and James Shaw (“Shaw”), as lessees, entered into a lease on April 4, 2018 for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to the Second Amendment to Lease. (Compl. ¶ 1...

Excerpt: ...on to Strike portions of Plaintiff's First Amended Complaint is DENIED. FACTUAL BACKGROUND This action arises from allegations that an employee wrongfully misappropriated confidential information from its former employer in order to advance the employee's own competing business that employee opened while employed with the employer. Plaintiff Everloving Home Health Inc. (“Plaintiff”) alleges that defendant Iman Moghaddam (“Defendant”), its...

Excerpt: ...bor Code. Plaintiff Jacquelin Newby was a Jenny Craig consultant, and began working for defendant Jenny Craig in 1989. (FAC ¶¶ 8-9.) Plaintiff suffers from clinically diagnosed depression and anxiety. (Id., ¶ 10.) Plaintiff took leave under the California Family Rights Act and Family and Medical Leave Act for a hip surgery, and later took leave following a severe depressive episode. (Id., ¶¶ 11-12.) The complaint alleges that Defendant delay...

Excerpt: .... Defendant's Motion to Strike is DENIED. FACTUAL BACKGROUND On March 7, 2012, a judgment was entered in favor of Sophia Jimenez (“Plaintiff”) and against non-party Olga Lydia Ramirez (“non-party Ramirez”) in Orange County Superior Court Case No. 30-2010– 00422866, in the sum of $80,598.00. (Second Amended Complaint (“SAC”), ¶ 5, Ex. A) To date, this judgment has not been satisfied. (SAC, ¶ 5.) On September 21, 2017, in order to s...

Excerpt: ...Petitioner”) filed this Petition for an Order Confirming Arbitration Award. The Award was issued on July 26, 2021 as a result of an arbitration on issues the parties had contractually agreed to submit to arbitration. On October 6, 2021, Matthew Pope (“Respondent”) filed a Response to Plaintiff's Petition to Confirm Contractual Arbitration Award and Request to Vacate the Award. The hearing date on the petition is today. DISCUSSION “Any par...

Excerpt: ...ent is stricken pursuant to Code of Civil Procedure section 170.4 (b), because it demonstrates on its face that no legal grounds for disqualification exists. As a preliminary matter, to the extent the Statement is based on the same allegations as Plaintiff's previously stricken statements, specifically, the Court's orders denying her peremptory challenge and granting demurrer. (See Code. Civ. Proc. § 170.4(c)(3) [“Repetitive statements of disq...

Excerpt: ...ROVED. Defendant Ball, Bonholtzer & Evan's motion to compel further responses to its Special Interrogatories, Set One, is DENIED as moot. FACTUAL BACKGROUND This is an action for declaratory relief and accounting. The Complaint alleges as follows. Plaintiff Walton Law Group, P.C. (“Walton”) represented Defendant Hope Zarro (“Zarro”) in a dog bite legal action after Zarro switched legal counsel from Defendant Crawford & Associates (“Craw...

Excerpt: ...NIED as moot. FACTUAL BACKGROUND Plaintiff Jesse Lauricella alleges that defendants Justin Campbell (Campbell) and Firefly Fabrications, LLC (Firefly) (collectively, Defendants) have failed to make timely repairs and upgrades to Plaintiff's 2008 Boston Whaler Challenger boat, including failing to perform pursuant to a contractual agreement. (Compl., ¶ 6.) The complaint alleges that Plaintiff and Defendants entered into a contract whereby Defenda...

Excerpt: ...HE FEBRUARY 14, 2020 SUPPLEMENTAL ORDER OF REFERENCE Plaintiff DBD Credit Funding LLC'S Ex Parte Application To Reallocate Judicial Reference Fees is GRANTED. FACTUAL BACKGROUND In 2015, DBD Credit Funding LLC (“DBD”) provided TBH19, LLC (“TBH19”) with a $40 million loan guaranteed by Defendant Glorya Kaufman. By its terms, the Guaranty is “absolute” and “unconditional” and requires payment of the defined obligations upon demand f...

Excerpt: ...ON FOR SUMMARY ADJUDICATION (2) VALLEY FORGE INSURANCE COMPANY'S MOTION FOR JOINDER AND MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION (3) DEFENDANT SGS NORTH AMERICA, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION 1. Defendant Lloyd's of London Subscribing to Policy Number 1806-312494-01's Motion for Summary Judgment is GRANTED. 2. Defendant Valley Forge Insurance C...

Excerpt: ...oia, Inc. and Ilya Alekseyeff as Counsel for Defendants is DENIED. FACTUAL HISTORY This is a breach of contract, breach of fiduciary duty, and contractual fraud action. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Encino Newcastle Homeowners Association (“Plaintiff”) is a homeowners association made of approximately 70 condominiums. (FAC ¶ 11.) Plaintiff hired Defendant Del Sol Property Management, Inc. (�...

Excerpt: ...ERICAN HONDA MOTOR CO., INC., & TEMECULA MOTORSPORTS, INC. MOTIONS TO STRIKE PORTIONS OF THE COMPLAINT. Defendant American Honda Motor Co., Inc. Motion to Strike Punitive Damages is DENIED. Defendant Temecula Motorsports, Inc. Motion to Strike Punitive Damages is DENIED. FACTUAL BACKGROUND This is a product liability case that arises from a motocross crash that occurred on April 24, 2020, at Perris Raceway in Riverside County, California when Pla...

Excerpt: ...trict's Motion for Summary Judgment is GRANTED. FACTUAL BACKGROUND This is an action for violation 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 Major Action Item J4 “Approval of...

Excerpt: ...omen'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. This contract was signed by Judgment Debtor Cathy Trinh on behalf of Kody. The contract had a liquidated damages clause which became operative if clothing ordered pursuant to the contract was delivered late. On February 5, 2016, after repeated late deliveries and a disput...

Excerpt: ...rs”) Demurrer to Plaintiffs' Third Amended Complaint is OVERRULED. BACKGROUND & PROCEDURAL HISTORY Plaintiffs operate the Welcome Inn in Pomona, California. (TAC, ¶ 20.) ADP was retained by Plaintiffs in or around 2008 to provide payroll services for the Welcome Inn, as well as to secure and maintain workers' compensation insurance for the business. (TAC, ¶¶ 21, 34.) The workers' compensation insurance for Plaintiffs' business was allegedly ...

Excerpt: ... Void Order Dated July 28, 2020 Pursuant to CCP 473(d); 12 USC 1008.101 and 1008.103(a) – OSC Re: Motion for Preliminary Injunction and Licensing is DENIED. BACKGROUND & PROCEDURAL HISTORY This is an action for wrongful foreclosure. Plaintiff alleges that real estate brokers Joel Hoffman and Carrel Hoffman, owners of Defendants Rehabbers Financial Inc (Defendant Rehabbers) and Aztec Financial (Defendant Aztec), have never held a Mortgage Loan O...

Excerpt: ...POSITION OF MONETARY SANCTIONS AGAINST PLAINTIFF PURSUANT TO CCP § 128.7 DEFENDANTS 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 FIRST AMENDED COMPLAINT Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as successor trustee f/b/o Holders of Structured Asset Mortgage Investmen...

Excerpt: ...ective that focuses on art sales, event production, art curation, and marketing. (Compl., ¶ 1.) Plaintiff initiated this action against defendants Marquis Duriel Lewis (“Lewis”) and Iron Eye Art Group, Inc. (“Iron Eye”) (collectively, “Defendants”). Iron Eye is alleged to be the alter ego of Lewis. (Compl., ¶ 4.) Plaintiff and Defendants entered into an oral agreement that Defendants would compensate Plaintiff for Plaintiff's handli...

Excerpt: ...ri Enterprises, Inc. (“Solari”) on the First Cause of Action is GRANTED. FACTUAL BACKGROUND This is an action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). The Complaint alleges as follows. Plaintiffs Sheila Gregory (“Gregory”), Mykel McGee (“McGee”), and Kevin Crane (“Crane”) (collectively, “Plaintiffs”) applied for housing at the Courson Arts Colony East Apartments in 2019, which is manage...

Excerpt: ...D in the amount of $28,541.50 in attorney fees and an amount to be determined in costs following the January 11, 2021 hearing on the motion to tax costs. FACTUAL HISTORY This is a Lemon Law action. The Complaint alleges as follows. On May 17, 2015, Plaintiffs Eduardo Cruz Aquino aka Edwardo Cruz Aquino (“Aquino”), Omar Cruz (“Cruz”), and Roxxana Cruz Aquino (“Roxxana”) purchased a used 2013 Mercedes Benz C250C from Defendant Mercedes-...

Excerpt: ... COMPLAINT OF ESCROW PALACE, INC. AND NAZI AZODI The Demurrer of Defendants Marly Tempel and Rodeo Realty, Inc. to Plaintiffs' Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. The Motion to Strike of Defendants Marly Tempel and Rodeo Realty, Inc. to Plaintiffs' Complaint is GRANTED IN PART (amount of punitive damages) and DENIED AS MOOT IN PART (prayer and corresponding allegations of punitive damages). The Demurrer of Defendants Darlene Solot...

Excerpt: ...F'S MOTION FOR SUMMARY JUDGMENT Defendant's Motion for Leave to Amend Amended Answer is CONDITIONALLY GRANTED upon Defendant's payment to Plaintiff for reasonable attorney's fees and expenses associated with bringing his Motion for Summary Judgment. Plaintiff's Motion for Summary Judgment is TAKEN OFF CALENDAR. If Defendant fails to pay Plaintiff as ordered, the Court will order Defendant's Second Amended Answer stricken and place Plaintiff's Mot...

Excerpt: ...f H&T Seafood, Inc. (“Plaintiff”) entered into a contract with Defendant Envireco, Inc. on March 23, 2020 to purchase large quantities of jasmine rice for import into the United States from Thailand. (Compl. ¶ 6; Exh. A.) Plaintiff paid Defendant Envireco, Inc. over $1,200,000 in connection with this contract. (Compl. ¶ 6.) Defendant Ake Rice Mill Co. stored the rice in its commercial warehouse and packing facility in Thailand and it was la...

Excerpt: ...Y SANCTIONS AGAINST PLAINTIFF Defendant SGS North America Inc.'s motion for order deeming admitted truth of facts and genuineness of documents is GRANTED unless responses are served by plaintiff by the date and time of the hearing. SGS North America Inc.'s request for sanctions is GRANTED in the reduced amount of $2,075.00 FACTUAL BACKGROUND This is an action for breach of an insurance policy and breach of contract. The Complaint alleges as follo...

Excerpt: ... Avraham Bibi (“Bibi” or “Plaintiff”) and Roey Burg (“Burg”) established a chain of beauty product and spa stores under the name ADB Group (“ADB”). (Compl. ¶¶ 29- 30.). Bibi and Burg were friends and shared profits equally from 2011 to 2019, and Bibi thought he was a 50% owner. (Compl. ¶¶ 31-36.) After hard times for ADB, Bibi noticed that Burg created a new entity name, AGR Retail Inc. (“AGR”) for a store in the Corta Mad...

Excerpt: ...undai Motor America's Motion to Compel Arbitration is GRANTED. Having granted Defendant Hyundai Motor America's Motion to Compel Arbitration, Defendant Hyundai's Demurrer and Motion to Strike Portions of the Complaint filed on December 23, 2020, are OVERRULED and DENIED without prejudice as moot. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. On October 12, 2012, Plaintiffs Lisa Acrond (“Acrond”) and Margie A...

Excerpt: ...��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. This contract was signed by Judgment Debtor Cathy Trinh on behalf of Kody. The contract had a liquidated damages clause which became operative if clothing ordered pursuant to the contract was delivered late. On February 5, 2016, after repeated late deli...

Excerpt: ...MENTS TO BE PRODUCED BY PLAINTIFF PER DEFENDANT'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF. Defendant Those Interested Underwriters of Lloyd's of London Subscribing to Policy Number 1806- 312494-01's (“Lloyds”) motion to compel further documents is GRANTED. Full responses and production of all responsive documents within objection are ordered within 20 days. Lloyds' Its request for...

Excerpt: ...ing and harasment. The Complaint alleges as follows. Starting on October 15, 2019, Plaintiff Abnash Channa (“Channa”) began receiving messages from an unknown Defendant. (Compl. ¶¶ 14-16.) Because of the nature of the messages, Channa notified local police, which the unknown Defendant discovered. (Compl. ¶¶ 18-24.) After which, the unknown Defendant threatened Channa. (Compl. ¶ 24.) Starting on December 23, 2019, the unknown Defendant me...

Excerpt: .... FACTUAL BACKGROUND Linda Whitcombe (“Plaintiff”) brings this legal malpractice suit against David Raphael Olan, Olan Law Corporation, (together referred to as “Olan”) John Ackerlan Brockmeier, and Brockmeier Law Group (together referred to as “Brockmeier”) (collectively, “Defendants”). Plaintiff retained the legal services of John Howard (“Howard”) to litigate her personal injury case. (Compl., ¶ 6.) Howard did not obtain a...

Excerpt: ...ollows. In 2014, Plaintiff Yoshiko Saotome (“Plaintiff”) was in her 80s and owned real property in Beverly Hills, CA. (FAC, ¶¶ 1, 7.) Plaintiff entered into a business relationship with Defendants DHK Construction and Management, Inc. and its owner, Yoshifumi Hanzaki, for them to remodel her real property. (FAC, ¶ 8.) Plaintiff was in Japan from December 2014 to 2016. Between March and May 2015, Defendants obtained access to Plaintiff's ba...

Excerpt: ... as to request 99. The Court does not award sanctions. FACTUAL BACKGROUND Denise Bertone (“Plaintiff”) began her employment with the Los Angeles County Department of the Coroner-Medical Examiner as coroner investigator in or around 2002, where she investigated the deaths of infants and children. (Compl., ¶ 9.) Plaintiff alleges that One Legacy is a private non-profit organization that is the only organ and tissue harvesting in Southern Calif...

Excerpt: ...on a temporary basis on or about March 31, 2014, as Building Coordinator. (Compl., ¶ 12.) When Batterson was transferred to work in HR at Dolby (named as defendant TheatreDreams LA/CHI, LP, hereafter “TheatreDreams”), he discovered and documented various Labor Code violations. (Id. ¶¶ 14-15, 17.) Batterson was terminated, allegedly unlawfully, on October 6, 2017. (Id. ¶ 22.) This suit followed. PROCEDURAL HISTORY Joshua Batterson commence...

Excerpt: ...13,075.75. FACTUAL BACKGROUND This is an action for wrongful eviction. The Complaint alleges as follows. Plaintiff Mari N. Hudson (“Hudson”) was in peaceable possession of property when Defendants forcibly entered the property by means of the Sheriff and a void writ of possession. (Complaint, ¶ 14.) On June 12, 2007, Defendant Marineland Community Association, Inc. (“Marineland”) was formed “for the purpose of buying the Community on b...

Excerpt: ... The Complaint alleges as follows. Plaintiff Danielle Benchimol (“Benchimol”) is a resident and tenant at the real property located at 414 N. Orange Dr., Los Angeles, CA (“Property”). (Compl., ¶ 1.) Defendant Amy Cotteleer (“Cotteleer”) owns the Property, and Defendant Los Angeles Property Management manages the day to day activities and conditions of the Property. (Compl., ¶¶ 4-5.) Benchimol and third parties, including the Los An...

Excerpt: ...cual's Motion for An Order Approving Settlement of Claims Brought Pursuant to The Private Attorney General's Act of 2004 is GRANTED. FACTUAL BACKGROUND This is a PAGA action. Plaintiff Samuel Pascual alleges he worked as a painter for Defendant Color Concepts, Inc. (“Color Concepts”) from approximately June 2019 to March 2020. Plaintiff alleges Defendant Color Concepts violated various provisions of the Labor Code by failing to pay minimum wa...

Excerpt: ...ed to file a declaration with the information required by California Rules of Court, Rule 3.1324,¿subd. (b), by October 12, 2021. ADPC may file a supplemental brief addressing Plaintiff's supplemental declaration. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff 608 Matteo, LLC (“Plaintiff”), as lessor, and Defendants Arts District Patient Collective, Inc. (“ADPC”) and James Shaw (�...

Excerpt: ...and discrimination. The Complaint alleges in pertinent part as follows. Plaintiffs Jason Adams (“Adams”) AA Doe (“AA”), AR Doe (“AR”) and James Gallegos (“Gallegos”) were police officers and employed by the Baldwin Park Police Department (“BPPD”), which is a sub-entity of Defendant City of Baldwin Park (“Defendant”). (Compl., ¶ 1.) Defendant eliminated various police chiefs who did not follow its plan to discriminate agai...

Excerpt: ...ion for Terminating Sanctions is GRANTED. The Court strikes Defendant Johnson's Answer to the Complaint. The Court declines to impose monetary sanctions, issue or evidentiary sanctions or any other sanctions or fees. FACTUAL BACKGROUND This is landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Jacquiline Iovino (“Iovino”), Juanito Rivera (“Rivera”), Jose Hernandez (“Hernandez”) and Gregorio Dominguez (�...

Excerpt: ...ntiff's Complaint is DENIED. FACTUAL BACKGROUND This is an action for Defamation, Public Disclosure of Private Facts, Cyberbullying in Violation of Penal Code §653.2, and Intentional Infliction of Emotional Distress. The complaint (“Complaint”) alleges that plaintiff Justin C. Jones (“Plaintiff” and/or “Jones”) and defendant Angela Renee White, aka Blac Chyna (“Defendant” and/or “Chyna”), took several pictures together in whi...

Excerpt: ...liation. 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 supervisors following confrontations with physical violations when conducting investigations, which Defendant Beverly Hills Unified School District ...

Excerpt: ...ication of the Complaint is DENIED as to both causes of action; the Motion for Summary Judgment/Adjudication of the First Amended Cross-Complaint is DENIED as to all five causes of action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. On September 8, 2017 Defendant Starquest Media, LLC (“Starquest”) entered into a Credit Agreement with Plaintiff JP Morgan Chase Bank, N.A. (“Chase”) for $90,...

Excerpt: ...IED. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Cleo Alvarez (“Alvarez”) was employed by Defendants Wireles Era LLC (“Wireles”) and Rodrigo Morales (“Morales”) beginning in November 2016 as a Sales Representative. (Compl. ¶¶ 11- 12.) Alvarez alleges that during her employment, she regularly worked overtime without additional pay and worked continuously without rest a...

Excerpt: ...rm Arbitration Award is GRANTED. Plaintiff Yolanda Moreno Gonzalez's Petition to Vacate or Alter Arbitration Award is DENIED. PROCEDURAL HISTORY On October 7, 2016, Plaintiff Yolanda Moreno Gonzalez (“Gonzalez”) filed the Complaint, alleging 14 causes of action: 1. FEHA discrimination 2. FEHA retaliation 3. FEHA failure to prevent discrimination and retaliation 4. Retaliation (Gov. Code § 12945.2) 5. FEHA failure to provide reasonable accomm...

Excerpt: ...ENDANT RON SAHAR AZARKMAN'S DEMURRER TO THE FAC The Court rules on Defendant Ron Sahar Azarkman's Demurrer to the FAC, brought as to the First, Second, Third, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth causes of action, as follows:  the Demurrer to the Third, Sixth, Seventh, Ninth, Tenth, and Eleventh Causes of Action is SUSTAINED with leave to amend based on the statute of limitations;  Plaintiff Jerry Azarkman...

Excerpt: ...era's Motion to Strike Defendant Han Kang Transportation, Inc.'s Answer to the Complaint is DENIED. FACTUAL BACKGROUND This is an employment discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Donaldo Cabrera (“Cabrera”) was hired by Defendants Han Kang Transportation, Inc. d/b/a Han Kang Transportation Co. (“Han Kang”) and Los Angeles Truck Centers, LLC (“LATC”) in January 2004 to deliver furniture. (Comp...

Excerpt: ...O EXPUNGE LIS PENDENS Defendants Lora Silvio and Michael Silvio, Successor Trustees of the Leroy Silvio Family Trust Dated January 23, 2002's Motion to Expunge Lis Pendens is DENIED. FACTUAL ALLEGATIONS This is an action for breach of contract and specific performance. The Complaint alleges as follows. Plaintiff Angeli Investments, LLC (“Angeli”) and Defendants Lora Silvio and Michael Silvio, successor trustees of the Leroy Silvio Family Trus...

Excerpt: ... her sacral area and a severe stage III pressure area on her coccyx area. (Compl. ¶ 35.) Ballenger was admitted to Jess Ranch on March 17, 2019 and Jess Ranch failed to provide Ballenger with the medical and custodial care that she required, including leaving her in her urine and feces for long periods of time, failing to provide adequate personal hygiene and turning/repositioning her to avoid pressure, and failing to provide adequate nutrition ...

Excerpt: ...ed Complaint is SUSTAINED without leave to amend as to the Fourth Cause of Action. Defendant Diana Gayton's Demurrer to the Third Amended Complaint is SUSTAINED without leave to amend as to the First and Fourth Causes of Action, and OVERRULED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Dennis Luna (“Luna”) was de...