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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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...