Excerpt: ...Court declines to impose monetary sanctions or any other sanctions. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs William and Sharon Munson are tenants at property owned by Defendants John Stewart Company and Markie Hayes (“Defendants”). (FAC ¶ 9.) Plaintiffs have been exposed to vermin, plumbing problems, and inadequate security and loc...

Excerpt: ...RADLEY GIBSON'S SPECIAL MOTION TO STRIKE UNDER CCP SECTION 425.16 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 1970s and 1980s and is “an award nominated actress best known for playing Kitty Sullivan in the multi— award-winning period television drama “The Sullivans.” Ms. Hannaford is also described as being of e...

Excerpt: ...emurrer to the First Amended Complaint is OVERRULED as to the Fifth and Ninth Causes of Action. Defendants' Motion to Strike is DENIED. FACTUAL BACKGROUND This is a landlord-tenant habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Alberto Alvarez and Eva Alvarez (the “Alvarezes”) were prior lessees/residents of apartment building owned by Defendants Vinod K. Singhal (“V. Singhal”), Rajeshwari Sing...

Excerpt: ...oup, Inc.'s Requests for Admission, Set One have been served prior to the hearing on this Motion, the Motion will be DENIED. If verified 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 CAG in the amount of $1972.50. FACTUAL BACKGROUND This is a Proposition 65 action. The Complaint alleges as follows. Plaintiff Consumer ...

Excerpt: ... Defendant H&G Sewing, Inc. is DENIED. The Court awards of sanctions in the amount of $750 against defendant and defendant's counsel. FACTUAL BACKGROUND 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. (...

Excerpt: ... for violations of the Labor Code under the Private Attorney General Act (“PAGA”). The Complaint alleges as follows. Defendant Handy Technologies, Inc. (“Handy”), is an on-demand cleaning and home improvement service company that allows customers to book appointments on the Handy app and then Handy sends a uniformed workers to complete the service. (Compl. ¶ 11.) Handy sets the price per cleaning service and pays works on an hourly basis...

Excerpt: ... Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Twenty Fourth Affirmative, and Twenty-Fifth Affirmatives Defenses is SUSTAINED with leave to amend; and, to the First Affirmative Defense is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Jacquilin...

Excerpt: ...ation is DENIED as to the Fourth and Fifth Causes of Action and as to the claim for punitive damages. FACTUAL BACKGROUND This is a habitability case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dori Zuckerman Mentzer (“Zuckerman”) resided at the real property controlled by Defendants Errol Reichow and The Reichow Family Trust (collectively, “Reichow”). (FAC ¶¶ 9-10.) In October 2010, Reichow discovered a leak i...

Excerpt: ...he First Amended Complaint is OVERRULED. 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 Nova filed the Complain...

Excerpt: ...ohnson's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the Second, Third, Fourth, and Sixth Causes of Action, and OVERRULED as to the Eleventh Cause of Action. Defendants' Motion to Strike is GRANTED as to the references to “Johnson” in paragraph 10, and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The First Amended Complaint (“FAC”) allege...

Excerpt: ...and Professions Code Section 17200, et. seq., a statute commonly referred to as the unfair competition law (“UCL”). Laurelwood Cleaners, LLC (“Laurelwood”) is a merchant who has signed an agreement under which it accepts payment for its services through an American Express card. Laurelwood claims that the conditions imposed by American Express on merchants that accept the American Express card require Laurelwood and them to pay American E...

Excerpt: ...AL DEFENDANT 1605-25 W. OLY, LLC' MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 17709.02(B) NOMINAL DEFENDANT CURACAO, LTD.'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 15910.06 NOMINAL DEFENDANT DIR INTERNATIONAL CORPORATION'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 800(C Nominal Defendants 1605-25 W. Oly LLC, DIR International Corporation, and Curacao Ltd.'s Motions t...

Excerpt: ... DENIED as to both Avid and Tami Kochlani. FACTUAL BACKGROUND This is an action for breach of contract in construction. The Complaint alleges as follows. Plaintiffs Fung Bark Lau (“Lau”) and Yang He (“He”) are a married couple who own residential property (the “Property”). (Compl. ¶ 1.) On January 19, 2019, Plaintiffs entered into a written Home Improvement Contract (the “Contract”) with Defendant T.N.L. Construction, Inc. (“TN...

Excerpt: ...ICATION DEFENDANT BENJAMIN R. SPINNER'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Defendants D/AQ Corporation d/b/a Daum Commercial Real Estate Services & James Huy Vu a.k.a. James Vu's Motion for Summary Judgment is GRANTED. Defendant Benjamin R. Spinner's Motion for summary Judgment is GRANTED. FACTUAL BACKGROUND This is unlicensed commercial cannabis activity action. The First Amended Complaint (“FAC”) alleges ...

Excerpt: ...sions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify within ten (10) days of this order. Cross-Defendants' Motion to Disqualify Sklar Kirsh, LLP is DENIED conditioned on Sklar Kirsh dismissing Regency Sponsor as a cross defendant on the Cross Complaint.. The Court declines to order sanctions. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follo...

Excerpt: ...ess Records Subpoena is GRANTED. Gypsum Rose, LLC is ordered to serve compliant responses/production within 15 days of this order. Sanctions are awarded against Gypsum Rose, LLC and its principal Andrew Bowen in the amount of $4,125.00. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ramona 3721 LLC (“Ramona”), Mountain 3721 LLC (“Mountain”), and Indian Hill 3721 LLC (“Indian Hil...

Excerpt: ...mended Cross-Complaint is OVERRULED as to the First, Second, Fifth, and Sixth Causes of Action; and SUSTAINED with leave to amend as to the Third, Fourth, and Seventh Causes of Action. Plaintiff/Cross-Defendant Formosa Fabric Inc.'s Motion to Strike Portions of the First Amended Cross-Complaint is DENIED. FACTUAL BACKGROUND The Complaint alleges as follows. Plaintiff Formosa Fabric Inc. (“Formosa”) entered into business transactions with Defe...

Excerpt: ... Thomas Maxim's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Telicia Powell (“Powell”) was a tenant at property owned by Defendants Sababa Properties, Inc. (“Sababa”), Ashley Saba (“Ashley”), and Justin Saba (“Justin”). (Compl. ¶¶ 1-4.) On February 13, 2020, Justin filed an unlawful detainer action (Case No. 20CMUD00282) (the “Related Case�...

Excerpt: ...on is GRANTED as to the First through Twelfth and Fourteenth through Sixteenth Causes of Action. The Thirteenth Cause of Action (Violation of Bus. & Prof. Code § 17200, et seq.) is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The Complaint alleges as follows. Plaintiff Leola Johnson (“Johnson”) began working for Defendant First to Serve, Inc. (“FTS”) in J...

Excerpt: ...s' Motion for Reconsideration is DENIED. Defendant John Bachsian's Motion to Tax Costs is DENIED. Moving Defendants' Motion for Attorneys' Fees is CONTINUED until March3,2021. Plaintiff Hudson's Motion to Tax Costs is similarly CONTINUED. Moving Defendants to file supplemental documentation exclusively as to attorneys' fees specific to Bachsian in connection with the November 8, 2018 hearing by February 3, 2021. Plaintiff to file Opposition by Fe...

Excerpt: ...ird, Fifth and Sixth Causes of Action; and DENIED as to the Fourth Cause of Action. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Medardo Torres purchased, on November 2, 2008, a 2009 Dodge Journey with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including the interior lights becoming inoperable, fault code U773, a blown fuse, failed visor l...

Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. 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 (“...

Excerpt: ...nation. The Complaint alleges as follows. Plaintiffs Cathia Espinoza (“Espinoza”) and Jacqueline Valdovinos (“Valdovinos”) employed by Defendant Golden Hippo (“Hippo”) until wrongfully terminated on January 31, 2019 and February 28, 2019, respectively. (Compl. ¶¶ 1-3.) Plaintiffs allege a work culture where women are subjected to harassment and discrimination based on sex and gender, as well as sexual harassment (Compl. ¶¶ 17- 19....

Excerpt: ... This is a lemon law action. The Complaint alleges as follows: Plaintiff Thomas Jung (“Jung”) leased a new 2017 BMW 340i vehicle in December 2016, with an express written warranty from Defendants Finchey Corporation of California dba Pacific BMW (“Pacific”) and BMW of North America, LLC (“BMW”). (Compl. ¶¶ 6-8.) During the warranty period, the vehicle developed various defects, which caused Jung to bring the vehicle for repairs eigh...

Excerpt: ... BACKGROUND This is a wage & hour and employment discrimination action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Sheryl Tompkins (“Tompkins”) was a 61- year-old female hostess at a bar/restaurant owned by Defendants S.M. Inc. and Stephen Mayer (“Mayer”) called Prince O'Whales. (FAC ¶¶ 13-14.) Defendants discriminated against Tompkins due to her age/gender and violated various wage/hour Labor Code sections. (...

Excerpt: ... Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dennis Luna (“Luna”) was deeded real property the (the “Property”) from his mother in 2016. (FAC ¶ 1.) To resolve disputes with Luna's sisters regarding the Property, Luna hired attorney Laurence Clark (“Clark”). (FAC ¶ 1.) Clark's paralegal, Defendant Diana Gayton (“Diana”), propo...

Excerpt: ...int is DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various products and machines as a Machinist that caused him to be exposed to toxins, fibrogens, or carcinogens during the course of his employment. (SAC ¶ 30.) The exposure to these substances caused toxic injury to Decedent, ultimately leading to his death. (SAC ¶...

Excerpt: ...endant Langer are GRANTED. Plaintiff People of the State of California's Motion for Summary Adjudication of the Fourth Cause of Action as to Defendant Bumerts is DENIED. FACTUAL BACKGROUND This is an action for violations of unfair competition law and false advertising law. The Complaint alleges as follows. Plaintiff is the People of the State of California, by and through the Attorney General of California. Plaintiff alleges that the Defendants ...

Excerpt: ...mended Complaint (“FAC”) alleges as follows. Plaintiff Sherri Box (“Box”) and Defendant Richard Dorfman (“Dorfman”) were married in 2004 and divorced in 2008. (FAC ¶ 6.) The parties reconciled after the divorce and have been living together on and off since 2008. (FAC ¶ 7.) Plaintiff James Box (“James”) is Box's son who was born in 2000 and suffers from autism spectrum disorder and schizophrenia. (FAC ¶ 8.) Box alleges that aft...

Excerpt: ...breach of an insurance contract and violation of the duty of good faith and fair dealing. The Complaint alleges as follows. On May 9, 2017 Plaintiff Lions Gate Entertainment Inc. (“Lions Gate”) purchased Insurance Policy No. MPT 0720 0611 from Defendant Fireman's Fund Insurance Company (“Fireman's Fund”) to obtain insurance in connection with its film Robin Hood. The US Policy had a policy period from October 8, 2016 to October 8, 2018. (...

Excerpt: ...Defendants are ordered to file non-redacted versions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify on or before January 14, 2021. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Rita Hollywood Skyline, LLC (“Hollywood Skyline”) entered into a Limited Liability Company Agreement of Rita Regency Sponsor, LLC (“Regency Spo...

Excerpt: ...FAC”) alleges as follows. Plaintiffs Su Yang (“Yang”), Boo Ik Hwang (“Hwang”), Yoo Joo Cha (“Cha”), Chien Chung (“Chung”), Young Sik Sin (“Sin”), Tae Hyung Yun (“Yun”), Yoo Do Sang (“Sang”), Richard Keaton (“Keaton”), Hushan Fang (“Fang”), Dae Won Chae (“Chae”), and Suk Won Lee (“Lee,” and collectively “Plaintiffs”) resided at the same property (the “Property”) and were tenants of Defendants J...

Excerpt: ...ULED. FACTUAL BACKGROUND The original Complaint, the First Amended Complaint, and the Second Amended Complaint allege an action for wrongful foreclosure. The Third Amended Complaint alleges an action for adverse possession. The Second Amended Complaint (“SAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho” or “Plaintiff”) took out a loan on real property that he owned with Defendant Option One Mortgage Corporati...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...If Kleeger provides proof that code-compliant Responses to the RFAs without objection have been served prior to the hearing, the motion will be DENIED. If code-compliant responses are not served by the date of the hearing, the Court will GRANT the Motion to Deem Admitted the RFAs Nos. 2, 6-8, 12, 13, 15, 16, 19-25, and 27-32 as to Kleeger. If the Motion is granted, the Court will award sanctions to Sabejon in the amount of $1635.00. FACTUAL BACKG...

Excerpt: ... Strike is GRANTED in part. The Court strikes the prayer for attorneys' fee and paragraph 37. The Court DENIES the remainder. FACTUAL BACKGROUND This is a breach of warranty of habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Chong Seo Yun (“Yun”) rented a residential unit from Defendant Chris Jeong (“Jeong”), the owner of the dwelling, beginning on December 21, 2007. (FAC ¶¶ 3, 8.) From 2016 th...

Excerpt: ...GROUND This is an action for 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 parti...

Excerpt: ...t, Inc.'s Motion for Summary Adjudication as to the Second, Third, and Seventh Causes of Action and the claim for punitive damages in the Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence and fraud. The Complaint alleges as follows. Plaintiffs Marc Smith and Nan Rochelle Smith (“Plaintiffs”) purchased residential property on Stradella Road in Los Angeles in January 2016 in order to remodel the residence and use it for t...

Excerpt: ... COMPANY, et al.; Defendants. Case No.: 20STCV07861 (lead case) Related Case: 20STCV09333 Hearing Date: December 8, 2020 [TENTATIVE] RULING RE: DEFENDANT AMERICAN SURETY COMPANY'S DEMURRER TO THE COMPLAINT AND MOTION TO STROKE FACTUAL BACKGROUND This is subrogation matter. The Complaint alleges as follows. On June 28, 1988, Defendant Grace Kuhr (“Kuhr”) purchased the subject property for $171,000 and recorded a grant deed. (Compl. ¶ 7.) To p...

Excerpt: ...C's Motion to Change Venue to Orange County, California is GRANTED. Plaintiffs to pay any transfer expenses and fees. FACTUAL BACKGROUND This is an action for violations of the Corporations Code. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Christopher Yuhas (“Yuhas”) and OC Discount Nutrition, LLC (“OC Discount,” collectively with Yuhas, the “Plaintiffs”) purchased an unregistered franchise from Defendant Di...

Excerpt: ...auses of Action; and OVERRULED as to the First through Fifth, and Ninth Cause of Action. The Motion to Strike is DENIED as to paragraphs 33, 44, and the Prayer for Punitive Damages; and DENIED as MOOT as to paragraphs 51, 52, 58, and 59. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The Complaint alleges as follows. Plaintiffs Katina Rodriguez (“Rodriguez”), Noel Theodore, a minor, and Katiana Ramos, a minor...

Excerpt: ...tion for civil penalties and injunctive relief to enforce Health & Safety Code § 25249.5 et seq. Plaintiff APS&EE, LLC, the public interest (“APS&EE”) and Defendant is Shapiro Metal Supply Company (“Shapiro”). (Compl. ¶ 1.) APS&EE alleges that Shapiro manufactures, distributes, and sells brass bars that contain hazardous levels of lead, which is prohibited under Proposition 65 to be distributed/exposed to persons in California without a...

Excerpt: ...xth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is DENIED as MOOT. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Albert Addis (“Addis”) purchased, on February 9, 2012, a 2012 Kia Sportage with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including restricted oil flow in the engine; engine noises, broken air box,...

Excerpt: ...oss-Complaint is SUSTAINED with leave to amend as to the Second, Fifth, Seventh, and Eighth Causes of Action; and OVERRULED as to the First Cause of Action. Plaintiff and Cross-Defendant Xiaoxing Zhang's Motion to Strike is GRANTED. 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...

Excerpt: ...ttorneys' Fees is GRANTED in the amount of $106,720. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Alameda Square Owner LLC (“Alameda”) seeks a declaration that Los Angeles Wholesale Produce Market, LLC (“LAWPM”) has no right to any further infringement or encroachment upon two parcels of real property (Parcels B and C)'s recorded property...

Excerpt: ...on. Defendant General Motors LLC's Motion to Strike is GRANTED without prejudice as to punitive damages. Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Daisy Covarrubias and Frank Valencia (the “Plaintiffs”) purchased, on February 2016, a 2015 Chevrolet Cruz with an expr...

Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. 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 (“...

Excerpt: ...ive Damages Allegations from the Complaint is DENIED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. On March 25, 2016, the defendants brought a civil against in Plaintiff Cyrus Chady (“Chady”), P&P Precious Metals, Inc. v. Cyrus Chady, Case No. BC614912 (the “Underlying Case”). (Compl. ¶ 14.) The Underlying Action alleged the Chady purchased from Defendants Pedram Shamekh (“Shamekh”...

Excerpt: ...IL PROCEDURE SECTION 425.16 DEFENDANTS JAURIGUE LAW GROUP AND RYAN STUBBE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT DEFENDANT MICHAEL JAURIGUE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT Defendants Jaurigue Law Group and Ryan Stubbe's Special Motion to Strike the Complaint is GRANTED.. Defendant Michael Jaurigue's Special Motion to Strike the...

Excerpt: ...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. (Compl. ¶¶ 11-12.) Roy received the first payment of $100,000 but not the installment due on Septem...

Excerpt: ...ended Complaint (“FAC”) alleges as follows. Plaintiffs Su Yang (“Yang”), Boo Ik Hwang (“Hwang”), Yoo Joo Cha (“Cha”), Chien Chung (“Chung”), Young Sik Sin (“Sin”), Tae Hyung Yun (“Yun”), Yoo Do Sang (“Sang”), Richard Keaton (“Keaton”), Hushan Fang (“Fang”), Dae Won Chae (“Chae”), and Suk Won Lee (“Lee,” and collectively “Plaintiffs”) resided at the same property (the “Property”) and were ten...

Excerpt: ...ange County is GRANTED. Attorneys' fees and costs are awarded in favor of UBA LLC in the amount of $5,245. FACTUAL BACKGROUND This is an action for appointment of a receivership. The First Amended Complaint (“FAC”) alleges that a receiver should be appointed to take contract of CIM Group, Inc. (“CIM Group”), which is a three-shareholder corporation founded by Plaintiff Nancy Rojo (“Rojo”). (FAC ¶ 1.) The FAC alleges that the officers...

Excerpt: ...TAINED with leave to amend. The Motion to Strike is MOOT. FACTUAL BACKGROUND This is an action for breach of contract and violation of the Commercial Code. The Complaint alleges as follows: Plaintiff Debra Elaine Pole (“Pole”) on May 29, 2019, delivered to a branch of Defendant MUFG Union Bank, N.A. (“Union Bank”) a written Funds Transfer Order instructing Union Bank to cause Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) to pay the...

Excerpt: ...rth Causes of Action. The Demurrer was not brought as to the Second Cause of Action. Defendant 901 South Broadway, LP's Motion to Strike Portions of the First Amended Complaint's: references to punitive damages and attorneys' fees in the First Cause of Action (¶ 29, Prayer ¶¶ c, e) is GRANTED without prejudice; references to punitive damages in the Third Cause of Action (Prayer ¶ e) is GRANTED without prejudice; and the references to attorney...

Excerpt: ... Cause of Action in the Complaint is OVERRULED. Defendant Tokio Marine America Insurance Company's Motion to Strike is DENIED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Xepolis”) was a resident at the residential property at-issue. (the “Property”). (Compl. ¶ 1.) On January 5, 2017, Xepolis hired non-party Build a Dream, Inc. (“Build”) to install a new deck o...

Excerpt: ...S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE SUMMARY ADJUDICATION, OF THE SECOND AMENDED COMPLAINT The Motion for Summary Judgment of Defendants Debra Duggan, Proland Management Company, LLC, Centralia GP, LLC, Central GP, LLC, Carson GP, LLC, Mountain View GP, LLC, InAmerica Holdings, LLC, and Gregg Management Company is DENIED. The Motion for Summary Adjudication of the Fifth Cause of Action is DENIED. FACTUAL BACKGROUND This is an acti...

Excerpt: ...n. The Complaint alleges as follows. Plaintiff Dawn Suermann (“Suermann”) was hired by Defendant Emerald Health Services, LLC (“Emerald”) as a Registered Nurse in May 2017. (Compl. ¶ 16.) On March 20, 2018, Suermann injured her head and suffered balance problems, blurry vision, headaches, nausea and short-term memory loss. (Compl. ¶ 18.) On March 27, 2018, Suermann was hospitalized for 2 days due to the injury and submitted medical docu...

Excerpt: ...ng and Motion Fees such that Melaragno may recover $615 in Filing and Motion Fees. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follows. Plaintiff Regina Ricardo (“Regina”) and her son, Enrique Ricardo- Vargas (“Enrique”) live in a residence leased to them by owner Defendant Eddye Melaragno (“Melaragno”) and managed by Melaragno's daughter, Def...

Excerpt: ...estors, LLC's Application for Determination of Good Faith Settlement is DENIED, without prejudice. FACTUAL BACKGROUND This is a wage and hour action. The First Amended Complaint (“FAC”) alleges as follows. From April 1, 2015 – June 19, 2018, Plaintiffs Svetlana Kravchenko (“Kravchenko”) and Alexander Shaferman (“Shaferman”) were non-exempt employees of Defendants Pearla, LLC (“Pearla”) and Mars Investors, LLC (“Mars”), where...

Excerpt: ...ction and OVERRULED as to the Sixth Cause of Action. FACTUAL BACKGROUND This is an action for breach of contract and legal malpractice. The Complaint allege as follows. On November 15, 2013, Plaintiff Noushin Motavassel (“Motavassel”) retained Defendants Shahrokh Mokhtarzadeh and Shahrokh Mokhtarzadeh, PLC. (together, “SMPLC”) to represent her in divorce proceedings with a written engagement agreement. (Compl. ¶ 5.) Instead of the marita...

Excerpt: ...AND ROXXANA CRUZ AQUINO'S MOTION TO QUASH MBUSA'S SUBPOENA TO ALLSTATE INSURANCE COMPANY C/O CT CORPORATION SYSTEM Plaintiffs' Motion to Quash as to JC Customz is MOOT because it was withdrawn. Plaintiffs' Motion to Quash as to Allstate is MOOT because Allstate has no documents to produce. Plaintiffs' Motion to Quash as to Alliance is GRANTED to the extent that that MBUSA must redact the Traffic Collision Report of all personal identifying inform...

Excerpt: ...plaint Defendant T.N.L. Construction Inc.'s Demurrer to the Complaint is OVERRULED. Defendants T.N.L. Construction Inc., Meir Levi, and Tomer Nahum Levi's Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of a construction contract. The Complaint alleges as follows. Plaintiffs Fung Bark Lau (“Lau”) and Yang He (“He”) are a married couple who own residential property (the “Property”)....

Excerpt: ...E Defendants Reliance Steel & Aluminum Co. and Symmetry Medical, Inc.'s. Demurrers to the Second Amended Complaint are OVERRULED. Defendants Reliance Steel & Aluminum Co. and Symmetry Medical, Inc.'s Motions to Strike Portions of the Second Amended Complaint are DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various prod...

Excerpt: ...ent, Inc.'s Demurrer to the Complaint: as to the Montes Family is OVERRULED except as to the Eighth Cause of Action which is SUSTAINED without leave to amend; as to the Boyd Family is OVERRULED except as to the Eighth Cause of Action which is SUSTAINED without leave to amend. The Court does not rule on the remaining causes of action (First, Third-Seventh, Ninth) because the demurrer does not present arguments against them. Defendants' Motion to S...

Excerpt: ...as to the Fourth, Fifth, Sixth, and Eighth Causes of Action; and SUSTAINED without leave to amend as to the Seventh Cause of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavorgod, LLC (“Flavorgod”) manufactures and sells food seasonings/spices around the world. (Compl. ¶ 10.) On November 13, 2017, Flavorgod entered into a written Services Agreements (“Services Agreement�...

Excerpt: ...BACKGROUND This is an action for breach of an insurance contract and insurance bad faith. Plaintiff Harley Liker (“Plaintiff”) brings the present action as the Personal Representative for Alan Liker, deceased. The Complaint alleges as follows. Alan Liker (“Liker”) was married to Linda Liker (“Linda”). (Complaint ¶ 7.) Linda had a daughter named Melissa Komorsky (“Komorsky”). (Complaint ¶ 8.) On October 26, 2014, Linda was killed...

Excerpt: ...s Person Most Knowledgeable and related document production is GRANTED as to Deposition Categories Nos. 1 – 10 and Requests for Production Nos. 1 – 6. Deposition and document production, where ordered, are to occur within 20 days of this order. ANALYSIS Motion To Compel Deposition Plaintiffs move to compel the deposition of Defendant General Motors, LLC's Person Most Knowledgeable (“PMK”) with production of documents. Defendant served obj...

Excerpt: ...ENT Defendant Los Angeles Unified School District's Demurrer to Petitioner's Writ of Mandate OVERRULED. Defendant Los Angeles Unified School District's Motion to Strike Portions of Petitioner's Writ of Mandate is DENIED. Plaintiff John Sandy Campbell's Motion for Entry of Default Judgment is DENIED. FACTUAL BACKGROUND This is an action for petition for writ of mandate regarding an administrative decision of the Labor Commission. The First Amended...

Excerpt: ...rst Amended Complaint (“FAC”) alleges as follows. Plaintiff Shippee's Properties, LLC (“Shippee”) leased property to Defendant Yakov Shlimovich (“Shlimovich”) for a ten-year lease term at $2,500 per month. (FAC ¶ 6.) Shippee demands possession of the property because the fixed-term lease expired on January 1, 2020. (FAC ¶ 9.) PROCEDURAL HISTORY Shippee filed the Complaint on January 17, 2020, alleging a single cause of action for un...

Excerpt: ... Affirmative Defenses No. 2-13, 15-19, and 28 of Defendants Ngo and Kram's Answer. 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 various times in the last four years. (Compl. ¶¶ 1-2.) Defendants Ratanamuny Ngo (“Ngo”) and Piseiy Kram (“Kram”) are t...

Excerpt: ...IED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Telicia Powell (“Powell”) was a tenant at property owned by Defendants Sababa Properties, Inc. (“Sababa”), Ashley Saba (“Ashley”), and Justin Saba (“Justin”). (Compl. ¶¶ 1-4.) On February 13, 2020, Justin filed an unlawful detainer action (Case No. 20CMUD00282) (the “Related Case”) wherein Justin alleged that he was ...

Excerpt: ...int alleges as follows. Plaintiffs Golden State Emergency Physicians, Inc. (“Golden State”), Victory Emergency Physicians Medical Group, Inc. (“Victory”), Palm Drive Emergency Physicians Medical Group, Inc. (“Palm”), Ridgeline Emergency Physicians Medical Group (“Ridgeline”), San Joaquin Emergency Medical Associates (“San Joaquin”), VEP MLK Emergency Medical Group, Inc. (“VEP”), Inland Empire Emergency Medical Group, Inc. ...

Excerpt: ...int alleges as follows. Plaintiffs Golden State Emergency Physicians, Inc. (“Golden State”), Victory Emergency Physicians Medical Group, Inc. (“Victory”), Palm Drive Emergency Physicians Medical Group, Inc. (“Palm”), Ridgeline Emergency Physicians Medical Group (“Ridgeline”), San Joaquin Emergency Medical Associates (“San Joaquin”), VEP MLK Emergency Medical Group, Inc. (“VEP”), Inland Empire Emergency Medical Group, Inc. ...

Excerpt: ...si Rayn's Motion to Strike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence. The Second Amended Complaint (“SAC”) alleges as follows. Defendants Zipora Atwain (“Atwain”) and Asi Rayn (“Rayn”) negligently or intentionally caused water damage to Plaintiff Moris Sakhai's (“Sakhai”) condominium unit by not promptly stopping water to flow excessively from their condominium unit to S...

Excerpt: ...mand's Demurrer to the Complaint is OVERRULED. Defendant Iraj Houshmand's Demurrer to the Complaint is OVERRULED. Defendant Elnaz Houshmand's Motion for Sanctions is DENIED. FACTUAL BACKGROUND This is an action for damages and injunctive relief. The Complaint alleges as follows. Plaintiff Shahrokh Mokhtarzadeh, a Professional Law Corporation (“SMPLC”) entered into a written retainer agreement on August 19, 2015 with Defendant Elnaz Houshmand ...

Excerpt: ...ontract action. The Complaint alleges as follows. Plaintiff Nahid Rezaeiyan (“Rezaeiyan”) entered into a written Membership Interest Purchase Agreement (the “Agreement”) on November 26, 2014 with Defendant Brooke Frutchman (“Frutchman”) whereby Rezaeiyan invested $50,000 in Defendant Boite, LLC (“Boite”) and received a 30% membership interest in Boite. (Compl. ¶ 15.) In November 2016, Boite failed to timely pay Rezaeiyan the quar...

Excerpt: ...itectural & Graphics. The Court enters judgment in favor of Plaintiff Sami Othman in the amount of $200,000 against Defendants Andres Lugo and Architectural & Graphics, jointly and severally. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The Complaint alleges as follows. Plaintiff Sami Othman and Defendant Andres Lugo entered into an oral agreement in January 2016 for Lugo to provide design services to Plaintiff in connec...

Excerpt: ...PROCEDURE SECTION 425.16 DEFENDANTS JAURIGUE LAW GROUP AND RYAN STUBBE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT DEFENDANT MICHAEL JAURIGUE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT Defendants Jaurigue Law Group and Ryan Stubbe's Special Motion to Strike the Complaint is GRANTED.. Defendant Michael Jaurigue's Special Motion to Strike the Co...

Excerpt: ... as to all causes of action. FACTUAL BACKGROUND This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl. ...

Excerpt: ...ED as to all causes of action. FACTUAL BACKGROUND This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl...

Excerpt: ...leave to amend. FACTUAL BACKGROUND This is an action for a tax refund. The Complaint alleges as follows. Plaintiff Jeremy Kintner (“Kintner”) was an officer and shareholder of HK Inc., which was suspended of its corporate powers by the California Franchise Tax Board and/or Secretary of State on May 28, 2009. (Compl. ¶ 14.) On February 22, 2012, the State Board of Equalization's Sales and Use Tax Department issued a notice to Kintner that he ...

Excerpt: ... [TENTATIVE] RULING RE: DEFENDANT AMERICAN SURETY COMPANY'S DEMURRER TO THE COMPLAINT This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Diana Kuhr (“Kuhr”) is the owner of the Subject Property located in Long Beach (“Subject Property”). (Compl. ¶ 13.) In October 1994, Kuhr and her former husband non-party Curt Hagman (“Hagman”) executed a promissory note with Defendant American Surety Company (“A...

Excerpt: ...aint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The Complaint alleges as follows. In August 2019, Plaintiff Cinamom's Goodies, Inc. (“Cinamom”) entered into an agreement with Defendants E&Z Food Services, Inc. (“EZ Food”) to lease commercial equipment and space for a term of 5 years beginning on November 1, 2019. (Compl. ¶¶ 14-15.) On October 31, 2019, Cinamom sent to EZ Food...

Excerpt: ...NDES, LLP'S MOTION TO BE RELIEVED AS COUNSEL CROSS-COMPLAINANTS ONNI CONTRACTING (CALIFORNIA) INC. AND ONNI REAL ESTATE IX, LLC'S MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS-COMPLAINT ESPINOSA 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 ...

Excerpt: ...d as to the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice as to punitive damages; and DENIED as to the allegations for civil penalties pursuant to Civil Code § 1793(a)(3). Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret H...

Excerpt: ... without leave to amend. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Matthew Hoffman and Julia Hoffman (“the Hoffmans” and “Plaintiffs”) purchased the subject property on March 28, 2007 for $1,159,000. (Compl. ¶ 6.) The Hoffmans made a down payment of $116,100, plus executed a first promissory note/deed of trust for $927,000 and a second promissory note/deed of trust for $11...

Excerpt: ...sts. FACTUAL HISTORY This is a lemon law action. The Complaint alleges as follows: Plaintiff Epifanio Roman (“Plaintiff”) purchased a new 2016 Chevrolet Malibu in March 2016, with an express written warranty from General Motors (“Defendant”). (Complaint ¶ 8.) During the warranty period, the vehicle developed various defects. (Complaint ¶ 9.) PROCEDURAL HISTORY Roman filed the complaint on August 3, 2018, alleging three causes of action:...

Excerpt: ... the Settlement is GRANTED. The Court awards attorneys' fees and costs in the amount of $2,750. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Susannah O'Brien is the CEO of Plaintiff Sahara Vision Productions, LLC (collectively referred to as “O'Brien”). (FAC ¶¶ 1–2.) In November 2014, O'Brien met with Defendant John Richard Rogers (“Rogers”...

Excerpt: .... The Complaint alleges as follows. On September 4, 2014, Plaintiff 3 G.I. Corporation (“3GI”) and Defendant Charles I. Sheen...

Excerpt: ... Motor America's Demurrer to the Second, Fourth, and Fifth Causes of Action of the Complaint is OVERRULED. Defendant Hyundai Motor America's Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Socorro R. De Leyva (“Socorro”) and Catalina Zuluaga De Leyva (“Catalina,” and together with Socorro, the “De Leyvas”) leased a new 2013 Hyundai Santa Fe in Decem...

Excerpt: ...AL 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 (“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 Vo...

Excerpt: ...OTION TO STRIKE DEFENDANT THE PERRYMAN COMPANY'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE Defendant The Perryman Company's Motion to Strike is SUSTAINED with leave to amend as the Fourth Cause of Action; and OVERRULED as to the remainder. Defendants Designed Metal Connections, Inc. and Wyman Gordon's Demurrers to the Second Amended Complaint are OVERRULED. Defendant The Perryman Company's Motion to Strike is GRANTED with leav...

Excerpt: ...N THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is GRANTED. Defendant Unirac, Inc.'s Motion for Summary Judgment is GRANTED. Since the Court has substantially changed its Tentative Ruling from the Tentative Ruling issued on August 6, 2020, and in fairness to Plaintiff, this motion will be reheard on September 3, 2020 at 8:30 AM....

Excerpt: ... of Action, and SUSTAINED with leave to amend as to the Second – Fifth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. On February 15, 2006, Plaintiff Omar Siguenza (“Siguenza”) executed a Deed of Trust with Quickloan Funding, which was recorded against the residential property at-issue (the “Property”) on March 7, 2005. (Compl. ¶¶ 9-11.) On November 15, 2014, Defendant Sel...

Excerpt: ...e of Action, and SUSTAINED with leave to amend as to the Second – Fifth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. On February 15, 2006, Plaintiff Omar Siguenza (“Siguenza”) executed a Deed of Trust with Quickloan Funding, which was recorded against the residential property at-issue (the “Property”) on March 7, 2005. (Compl. ¶¶ 9-11.) On November 15, 2014, Defendant Se...

Excerpt: ...N THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is GRANTED. Defendant Unirac, Inc.'s Motion for Summary Judgment is GRANTED. Since the Court has substantially changed its Tentative Ruling from the Tentative Ruling issued on August 6, 2020, and in fairness to Plaintiff, this motion will be reheard on September 3, 2020 at 8:30 AM....

Excerpt: ...fendants Rolled Alloys, Inc. and Kennametal, Inc.'s Demurrers to the Second Amended Complaint are OVERRULED. Defendant Rolled Alloys, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. Defendant Kennametal, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“...

Excerpt: ...laint is SUSTAINED with leave to amend as to the First – Tenth Causes of Action and SUSTAINED without leave to amend as to the Eleventh Cause of Action. FACTUAL BACKGROUND This is an action alleging an improper trustee sale. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Airlux Aircraft, Inc. (“Airlux”), of which Plaintiff Mark Liker (“Liker”) 100% shareholder, owned the Subject Property. (FAC ¶ 9.) The Subject P...

Excerpt: ...d Fifth Causes of Action. FACTUAL BACKGROUND This is a foreclosure/fraud/wrongful debt collection action. The First Amended Complaint (“FAC”) 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”). (FAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First Financial Mortgage, a financial advis...