Excerpt: ...D COMPLAINT Defendants California Wound Healing Medical Group, Inc., Gabriel Halperin, Erika Lepe, Jeffrey Wood, Ivan Orozco, and John Sangmoah's Demurrer to the First Amended Complaint is OVERRULED as to the Second Cause of Action, and SUSTAINED with leave to amend as to the Third and Fourth Causes of Action. Defendants California Wound Healing Medical Group, Inc., Gabriel Halperin, Erika Lepe, Jeffrey Wood, Ivan Orozco, and John Sangmoah's Moti...

Excerpt: ...and Community Association, Inc.'s Motion to Quash Plaintiff's Service of Summons and Complaint is GRANTED as to both Marineland and Yates. 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.) PROCEDURAL HISTOR...

Excerpt: ...NIED as to both Harden and Vasdekis. 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, the “Defendants”) e...

Excerpt: ...nt is OVERRULED for all three causes of action as to Bowers and TMTE, Inc.; and SUSTAINED with leave to amend for all three causes of action as to Asher and Batashvili. FACTUAL BACKGROUND This is an action for contract interference. The Complaint alleges as follows. Plaintiff Langmore Capital, Inc. (“Langmore”) was hired by non-party Carol Elbon (“Elbon”) on August 9, 2019 to purchase precious metals for Elbon in the amount of $40,695.20....

Excerpt: ...ion. 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 exp...

Excerpt: ... 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 Sak...

Excerpt: ...s SUSTAINED with leave to amend for Venegas and Alejandre as to all causes of action; SUSTAINED with leave to amend for Rancho Humilde Entertainment, LLC as to the Fourth Cause of Action; and OVERRULED as to Rancho Humilde Entertainment LLC as to the First, Second, Third, Fifth, Sixth, Seventh and Eighth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Romart Holguin (“Ho...

Excerpt: ...a and Ken Begey's Demurrer is OVERRULED as to the Third and Fourth Causes of Action, and SUSTAINED with leave to amend as to the Sixth Cause of Action. Defendants Berkshire Hathaway Homeservices California and Ken Begey's Motion to Strike is DENIED as to punitive damages and SUSTAINED with leave to amend as to attorneys' fees. FACTUAL BACKGROUND This is an action for breach of fiduciary duties, professional negligence, breach of contract, and fra...

Excerpt: ... 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 Hashaway...

Excerpt: ... al.; Defendants. Case No.: 18STCV01146 Hearing Date: August 18, 2020 [TENTATIVE] RULING RE: DEFENDANT SEASIDE TRUSTEE, INC.'S DEMURRER TO THE FIRST AMENDED COMPLAINT executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property 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 Seas...

Excerpt: ...eneral Motors, LLC's Motion to Strike to the Complaint is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Raul Esparza (“Esparza”) purchased, on October 27, 2013, a new 2014 Chevrolet Cruz with an express warranty. (Compl. ¶¶ 7-8.) During the warranty period, the vehicle developed various defects including cooling system defects, Bluetooth defects, defects causing the windo...

Excerpt: ...plaint is SUSTAINED with leave to amend as to all 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 $90,000. (Compl. ¶ 8.) On September 18, 2017, Starquest, signed a Line of Credit Note in connection with the Credit Agreemen...

Excerpt: ...retaliation. The 2017 and 2018 Complaints allege as follows. Plaintiff Denise Bertone (“Bertone”) worked as a coroner investigator with the Los Angeles county Department of the Coroner-Medical Examiner. (2017 Complaint ¶ 9.) Plaintiff used her nursing background to investigate the deaths of children. (2017 Complaint ¶¶ 12–18.) In 2013, Bertone investigated the death of a child who had entered a coma after being submerged in a washing mac...

Excerpt: ...able. DHCS is to recover on its lien in the amount of $229,696.73. FACTUAL BACKGROUND This is a medical negligence (wrongful life) case. Plaintiff Daniel Corona (“Corona”) (here acting through his Guardian ad Litem and mother, Rebecca Gutierrez (“Gutierrez”)) alleges that Defendants, a series of physicians and medical providers, acted negligently in offering care to Corona, resulting in a number of pre-birth, birth, and post-birth injurie...

Excerpt: ...STAINED with leave to amend. Defendant Century City Mall, LLC's Motion to Strike is DENIED. The Motion to be Admitted Pro Hac Vice has been withdrawn at the request of the moving party ffiled May 12, 2020. FACTUAL BACKGROUND This is an action for fraudulent inducement. The Complaint alleges as follows. Plaintiff Petros Benekos (“Benekos”) is the owner of Petros MB, Inc. (“Petros”) a restaurant group that entered into five lease agreements...

Excerpt: ... Trustee, f/b/o The Registered Holders of Structured Asset Mortgage Investments II Trust 2007-AR6, Mortgage Pass-Through Certificates, Series 2007-AR6's Demurrer to the Complaint is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. Plaintiffs Sang Kue Chyun (“Cyun”) and Hwa Suk Chya (“Chya”) (hereinafter collectively the “Plaintiffs”) are a married couple who ...

Excerpt: ...end the Cross-Complaint is GRANTED. Plaintiffs Critical Mind, Inc., CBGC, LLC, and Spencer Vodnoy's Motion for Leave to File First Amended Complaint is CONTINUED to August 17, 2020 for Plaintiffs to file supplemental briefing. 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 pa...

Excerpt: ...'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT THYSSENKRUPP MATERIALS, NA, INC. (DOE 2)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SUNSHINE METALS, INC. (DOE 20)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SASOL CHEMICALS (USA) LLC (DOE 3)'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE Defendants Sasol Chemical, BP Lubricants USA Inc., Thysse...

Excerpt: ...ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication of the Seventh Cause of Action is DENIED; GRANTED as to the Eighth Cause of Action; and DENIED as to the request for punitive damages. Defendant Unirac, Inc.'s Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication of the...

Excerpt: ...of Action and SUSTAINED with leave to amend as to the Second, Third and Fourth Causes of Action. Defendant City of Whittier's Motion to Strike is GRANTED without leave to amend. FACTUAL BACKGROUND This is an action for injunctive relief. The Complaint alleges as follows. Plaintiff Oscar Alfaro (“Alfaro”) alleges that Defendant City of Whittier, California (the “City”) has surveilling him via satellite, stalking, tapping his phone conversa...

Excerpt: ... CROSS-COMPLAINT AGAINST NAI CAPITAL, INC. FOR INDEMNITY AND CONTRIBUTION Plaintiffs' Motion to Dismiss Cathy Sculling's Second Amended Cross-Complaint for Failure to Join an Indispensable Party is DENIED. Plaintiff's Motion for Leave to File a Third Party Cross-Complaint Against NAI Capital, Inc. for Indemnity and Contribution is DENIED. FACTUAL BACKGROUND This is a case for the partition by sale of a co-owned LLC. Ventura Gaviota, LLC is a limi...

Excerpt: ...phin LLC's Motion for Preliminary Injunction is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Avis Copelin, Placemark Properties LLC, Placemark Assets LLC, and Dauphin LLC (“Plaintiffs”) own properties in Arcadia, Palm Desert, Studio City, and Laguna Hills. (Complaint ¶ 2.) Defendants originated mortgage loans against these properties and initiated foreclosure proceedings ...

Excerpt: ...end. FACTUAL BACKGROUND This is an action for fraud and breach of fiduciary duty. The Complaint alleges as follows. Plaintiff Anthony Cassara, II (“Cassara”) and his sister had trusts created in each of their benefit by their parents (the “Cassara Parents”) on December 21, 1990 (both trusts collectively, the “1990 Cassara Trust”). (Compl. ¶ 7.) The sole asset of the 1990 Cassara Trust was a life insurance policy from Defendant Jackso...

Excerpt: ... the Complaint is SUSTAINED with leave to amend. Defendants Biohealth Diagnostics Laboratory and Joan Hunziker's Motion to Strike is GRANTED as to paragraph 52 in the Seventh Cause of Action, and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Defendant Biohealth Diagnostics Laboratory (“BDL”) hired Plaintiff Scott Madel (“Madel”) in early 2019 as its Chief Executi...

Excerpt: ...this Court on the remaining claims against Eagle Adjusters, Inc. are STAYED per Code of Civil Procedure § 1281.4. FACTUAL BACKGROUND This is an action for wrongful repossession. The Complaint alleges 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 Compa...

Excerpt: ...ed. 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 permits, and Pa...

Excerpt: ...l termination case. The Complaint alleges as follows. Plaintiff Adriana Alvarado (“Alvarado”) was employed as a Sample Maker for Defendant Koos Manufacturing, Inc. (“Koos”) for almost three years until her termination on May 4, 2017. (Compl. ¶ 4.) Alvarado developed and suffered physical disabilities in January 2015 and May 2015. Each time she filed a Worker's Compensation claim, and was placed on CFRA and other leave. (Compl. ¶¶ 7-10,...

Excerpt: ...nd. 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.) Defendants include TBWA Worldwide, Inc. (“TBWA”), TBWA Chiat Day LA, TBWA Chiat/Day, Inc., TBWA/Chiat/Da...

Excerpt: ...tion for sexual harassment, retaliation, and discrimination. The Complaint alleges as follows. Plaintiff Laura Cruz (“Cruz”) was employed by Defendants Pixior Global Logistics, LLC (“Pixior Global”), Pixior, LLC (“Pixior,” and together with Pixior Global, the “Pixior Defendants”), and Alvaro Doe (“Doe 1”) in March 2019. (Compl. ¶ 8.) While employed, Cruz was subjected to sexual harassment and was ultimately terminated in Sept...

Excerpt: ...ed may be redacted to protect the identity of any third persons not employed by one of the defendants who may be named in the personnel file. In the event plaintiff believes that the identity of that third person is important after reviewing the documents, the Court will undertake an in camera review of the redacted and unredacted document prior to a hearing on the issue. FACTUAL BACKGROUND This is an action for employment discrimination and hara...

Excerpt: ...s follows. Defendant Smith Patten (“Patten”), a business entity, signed a lease agreement on January 25, 2016 for a period of 5 years and 3 months at $5,625 per month/increasing each year to $6,146.88 in 2019. (Compl. ¶ 6.) On January 7, 2019, Plaintiff 888 Tower LP (“888 Tower”) served a 3-day notice to pay rent or quit, and Patten failed to comply within 3 days. (Compl. ¶¶ 7-8.) 888 Tower seeks damages in the amount of the past due r...

Excerpt: ...laint alleges as follows. Plaintiff Amanda Barnard Stoddard (“Stoddard”) purchased a new 2018 Kia Soul on August 8, 2018 from Defendant Kia Motors America, Inc. (“Kia”), with express written warranties. (Compl. ¶ 6.) During the warranty period, the vehicle developed serious defects related to the engine, which Kia has been unable to repair. (Compl. ¶¶ 8, 82.) Kia has failed to repair, replace, or make restitution for the defective vehi...

Excerpt: ...rvices, Inc. and Carlos Rittner's Motion for Summary Judgment, or in the alternative, Summary Adjudication of the First Amended Cross-Complaint is DENIED as to the First, Second, Third, and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff CR Creative Services, Inc. (“CRCS”) employed Defendant Harold Briones (“Briones”), who also owned shares with CRCS. (Compl...

Excerpt: ...PLAINT PLAINTIFF'S APPLICATION FOR ORDER TO SHOW CAUSE; A TEMPORARY RESTRAINING ORDER RE: PRELIMINARY AND PERMANENT INJUNCTION ENJOINING DEFENDANT'S FORECLOSURE SALE SET FOR MARCH 24, 2020 AT 10 A.M. 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 as to...

Excerpt: ...vices, Inc. and Carlos Rittner's Motion for Summary Judgment, or in the alternative, Summary Adjudication of the First Amended Cross- Complaint is DENIED as to the First, Second, Third, and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff CR Creative Services, Inc. (“CRCS”) employed Defendant Harold Briones (“Briones”), who also owned shares with CRCS. (Compl...

Excerpt: ...rer to Portions of the Third Amended Complaint is OVERRULED. Defendants Henry M. Willis and Schwartz, Steinsapir, Dohrmann & Sommers, LLP's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for legal malpractice. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiff Jean Ndjongo (“Ndjongo”) was placed on administrative leave by his employer, City of Los Angeles, Department of Airports, in June 2011. He the had a...

Excerpt: ...ELMER LOPEZ-PLIEGO; and ROES 1-10; Cross-Defendants. PLAINTIFF SECURITY NATIONAL INSURANCE COMPANY'S MOTION ON LIEN APPLICATION STATE OF CALIFORNIA ; Cross-Complainant, vs. ELMER LOPEZ-PLIEGO; and ROES 1-50; Cross-Defendants. Plaintiff Security National Insurance Company's Motion to Strike and/or Tax Costs is GRANTED in the amount of $459.62. Plaintiff Security National Insurance Company's Motion on Lien Application is GRANTED in part. After Rein...

Excerpt: ... Disqualify Counsel is DENIED. FACTUAL BACKGROUND This is an action for premises liability. The Complaint alleges as follows. On January 13, 2017, Plaintiff Elizabeth Bojorquez (“Bojorquez”) slipped and fell while at a Costco Wholesale Corporation (“Costco”) store. (Compl. ¶ 12.) Plaintiff alleges that she was about to enter the store when she slipped on a disposable cup and a substance believed to be water. (Compl. ¶ 12.) She alleges t...

Excerpt: ... Disqualify Counsel is DENIED. FACTUAL BACKGROUND This is an action for premises liability. The Complaint alleges as follows. On January 13, 2017, Plaintiff Elizabeth Bojorquez (“Bojorquez”) slipped and fell while at a Costco Wholesale Corporation (“Costco”) store. (Compl. ¶ 12.) Plaintiff alleges that she was about to enter the store when she slipped on a disposable cup and a substance believed to be water. (Compl. ¶ 12.) She alleges t...

Excerpt: ...D. FACTUAL BACKGROUND This is a FEHA wrongful termination case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Lynette Salazar (“Salazar”) was employed by Defendant City of Glendale (the “City”) from April 25, 2005 as a police (patrol) officer. (FAC ¶ 10.) Salazar applied for, and was denied, promotions to Police Sergeant positions in 2011, 2014, and 2016. (FAC ¶ 11.) The City denied promotions to management posit...

Excerpt: ...COMPANY'S MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF'S FIRST AMENDED COMPLAINT Defendant Veterinary Insurance Services Company's Motion for Judgment on the Pleadings as to the First Amended Complaint is DENIED. Defendants Allianz Global Corporate & Specialty and Fireman's Fund Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff One Health International dba Redo...

Excerpt: ...rict, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Demurrer to the Third Amended Complaint is SUSTAINED without leave to amend for the Second Cause of Action as to Bregy and Pavone; and OVERRULED for the remaining Second (as to the District), Third, Sixth, Eighth, Tenth, and Eleventh Causes of Action. Defendants Beverly Hills Unified School District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Motion to Strike is GRAN...

Excerpt: ... ET AL.'S MOTION FOR PRELIMINARY INJUNCTION Defendant Joseph Cheng Meng Lam's (“Lam”)Motion for Preliminary Injunction Enjoining the Non-Judicial Foreclosure and Defendant Ken Cheng et al.'s (“Chen”) Motion for Preliminary Injunction are GRANTED on the condition that Lam and Chen shall post a $5000 bond each. This order is without prejudice to Plaintiff Jennifer Lechter (“Lechter”) filing a motion to increase the bond in the event the...

Excerpt: ...mend as to the Seventh Cause of Action. Defendant General Motors, LLC's Motion to Strike Punitive Damages From Plaintiff's aComplaint is GRANTED without prejudice. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Mary Lacayo and Louis Lacayo (the “Lacayos”) purchased, on March 30, 2010, a 2010 Chevrolet Equinox with an express warranty. (Compl. ¶¶ 6-7.) During the warranty period, the vehicle develop...

Excerpt: ...san North America, Inc.'s Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Reynalda Valdez Obeso and Erica Obeso (the “Obesos”) purchased a new 2015 Nissan Sentra with express warranties on May 12, 2015. (Compl. ¶¶ 7-8.) The vehicle was delivered with, and developed, serious defects and nonconformities including transmission malfunctions which Defendant Ni...

Excerpt: ...alcaba. The protective order must conform to the Los Angeles Superior Court's Highly-Confidential Protective Order form, with the exceptions that Defendants' counsel and Gallagher's in-house counsel may receive the subpoenaed records, but Glickman may not read, receive, or otherwise review the subpoenaed records at issue relating to Rubalcaba's medical and/or psychiatric/psychological records, which are to be designated as “highly confidential....

Excerpt: ... R. RYAN'S MOTION FOR SUMMARY JUDGMENT Cross-Defendant Gregory R. Ryan's Motion for Summary Judgment is DENIED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary constru...

Excerpt: ...ement 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”), who rep...

Excerpt: ...C's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED without leave to amend. 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 ...

Excerpt: ...s Special Motion to Strike is GRANTED as to all causes of action. Defendant Image 2000's Demurrer is MOOT. FACTUAL BACKGROUND The Complaint alleges in this action alleges as follows. Plaintiff Matthew Yriarte (“Yriarte”) was employed by Defendant Image 2000, Inc. (“Image 2000”) for about seven years as a salesperson and was promoted to branch manager in 2013 and equity partner in 2014. (Compl. ¶ 11.) Yriarte brought several clients to Im...

Excerpt: ... R. RYAN'S MOTION FOR SUMMARY JUDGMENT Cross-Defendant Gregory R. Ryan's Motion for Summary Judgment is DENIED as to the Second and Third Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, Inc. (“Sunset”) entered into a license agreement with Defendant General Barricade, LLC (“General”) in April 2016 to allow General to erect a temporary constru...

Excerpt: ...NED with leave to amend as to the Fourth and Seventh Causes of Action, and OVERRULED as to the remainder. Defendant Law Office of Azhar Asadi and M. Azhar Asadi's Demurrer is SUSTAINED with leave to amend as to the Fourth and Seventh Causes of Action, MOOT as to the Sixth Cause of Action, and OVERRULED as to the remainder. FACTUAL BACKGROUND This is an action for breach of, and interference with, contract. The Complaint alleges as follows. Defend...

Excerpt: ... (“FAC”) alleges as follows. Plaintiff Jacqueline Newby (“Newby”) was formerly employed by Defendant JC USA, Inc. dba Jenny Craig (“Jenny Craig”) as a consultant beginning in 1989. (FAC ¶¶ 3, 9.) Newby took medical leave in 2017 and 2018 following hip surgery and a depressive episode. (FAC ¶¶ 11-12.) Jenny Craig refused to consider any reasonable accommodations and Newby filed a complaint with the EEOC. (FAC ¶¶ 14-17.) In Novemb...

Excerpt: ...ative ruling on those motions. P1: TO EXCLUDE CHARACTER EVIDENCE Plaintiff moves to exclude character evidence without specifying what evidence he is attempting to exclude. In response defendant's ask for the Court to take judicial notice of State Bar disciplinary charges and orders against plaintiff. Defendants contend that these documents are relevant, not to prove plaintiff's character, but as a defense to his claim that he suffered economic d...

Excerpt: ... HAN'S MOTION TO STRIKE THE FIRST AMENDED COMPLAINT Defendants Hans Sewing, Inc., Ki Man Han, and Cindy Park Erroneously Sued as Cindy Han's Demurrer To The First Amended Complaint is SUSTAINED with leave to amend. The Motion to Strike is DENIED as moot. FACTUAL BACKGROUND This is an action for negligence and assault. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Maria Socorro Rodriguez (“Rodriguez”) worked as a seamst...

Excerpt: ...N TO PROTECT CONFIDENTIAL DOCUMENTS FROM BEING SHARED WITH ROBERT GARCIA 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's Motion to Protect Confidential Documents from Being Shared with Robert Garcia is DENIED. FACTUAL BACKGROUND This is an action for elder financial abuse. The second amended complaint (“SA...

Excerpt: ...with the Court's May 14, 2019 Order. The Court's January 24, 2020 Tentative Ruling with respect to that motion is attached. At the hearing the Court agreed to conduct an in camera review of the documents produced by defendant in response to document requests 72 and 73. The Court has done so and makes the following ruling. 1. Except as modified by this Supplemental Ruling, the Court's January 24, 2020 Tentative Ruling is adopted as the Order of th...

Excerpt: ...n as to the Eighth Cause of Action in the Cross-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 themselves. (Complaint ¶ 9.) In May 2016, Plaintiffs met Defendant Paul Brant Williger (�...

Excerpt: ... to amend as to the Second Cause of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Rosa Mae Watson (“Watson”) purchased real property “through the assistance of” Defendants Luis Banuelos (“Banuelos”), Sanjesh Sharma (“Sharma”), Alicia Ortiz (“Ortiz”), Sergio Alvarez (“Sergio”), and Sandra Alvarez (“Sandra”). (Compl. BC- 1.) Pursuant to the terms of an ag...

Excerpt: ... is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiffs Rachel Howitt and Michael Zugsmith are Trustees of the Zugsmith Family Trust, Dated July 25, 1990 (the “Zugsmiths”). (SAC p. 1.) In 2001, the Zugsmiths and Defendants Cathy Scullin and Robert Scullin (the “Scullins”) acquired title to a commercial building in their respective revocable family tru...

Excerpt: ...'s Demurrer to Plaintiff's Complaint, as to the Eleventh Cause of Action, is SUSTAINED with leave to amend. Defendants Susan Matejka and Kermit Blaney's Demurrer to Plaintiff's Complaint, as to the Eleventh Cause of Action, is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Veronica Graham (“Graham”) was employed by Defendant Siemens Healthcare Diag...

Excerpt: ...T Defendants Olan Law Corp. and David Olan's Motion To Strike Portions of Plaintiff's First Amended Complaint is GRANTED with leave to amend. Defendants Brockmeier Law Group and John A. Brockmeier's Motion To Strike Portions of Plaintiff's First Amended Complaint is GRANTED with leave to amend. FACTUAL BACKGROUND This is an action for legal malpractice. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Linda Whitcombe (“Whit...

Excerpt: ...th and Sixth Causes of Action of the Complaint is OVERRULED. Defendant Kia Motors America, Inc.'s Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. In August 2013, Plaintiffs Luis Gonzalez (“Gonzalez”) and Maria Horta (“Horta”) purchased a 2013 Kia Optima with an express, written warranty, plus a subsequent 10- year/120,000 mile warranty extension the engine. (Compl...

Excerpt: ...nc., and Aviation Supplies (NZ)' Demurrer to Plaintiff's Unverified Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for fraud and conversion. The Complaint alleges as follows. Plaintiffs Aeroservicios, S.A. (“Avesa”) and Distribuidora Piper, S.A. (“Distribuidora”) are corporations organized and existing in Guatemala. (Compl. ¶¶ 1-2.) Around August 15, 2015, Plaintiffs owned a Rolls-Royce aircraft M250- C39O Engine, which ha...

Excerpt: ...ENIED. BACKGROUND & PROCEDURAL HISTORY On April 5, 2016, Plaintiff California Capital Insurance Co. (“Plaintiff”) filed a complaint against Defendants Amber Cook (“Cook”) and Woodlock G. Flick (“Flick”) (collectively “Defendants”), asserting causes of action for breach of contract, fraud, and intentional tort. On May 25, 2016, Defendants filed answers to the complaint. On August 9, 2017, the Court denied Defendants' motion for sum...

Excerpt: ..., Adjudication of Each Cause of Action, is GRANTED as to the Fourth Cause of Action and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Department of Fair Employment and Housing (“DFEH”) brings this action on behalf of real party in interest Laura Anderson. (“Anderson.”) (Complaint ¶ 1.) Anderson began employment with defendant Santa Clarita Commu...

Excerpt: ...”) alleges as follows. Plaintiff Edmound Davoudian (“Davoudian”) was employed by Defendant Keyval, Inc. (“Keyval”) beginning around February 2017 as a Sales Representative. (FAC ¶5.) Davoudian began experiencing panic attacks and was placed on short-term disability from October 2018 to April 2019. (FAC ¶ 7.) When attempting to return to work in April 2019, Davoudian was informed by the general manager that he had been terminated in Ja...

Excerpt: ...urgery Center of Thousand Oaks, LLC, Symbion, Inc., Symbion Ambulatory Resource Centers, Inc., SymbionARC Management Services, Inc., SMBISS Thousand Oaks, LLC, George Goodwin, G. Miles Kennedy, Andrew A. Brooks, M.D., David Chi, M.D., Glenn Cohen, M.D., and Mark Farnum, M.D.'s Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND Plaintiff Randhir Tuli (“Tuli”) asserts cause of action for breach of contract and fiduciary duties, as well a...

Excerpt: ...This is a negligence action. The Complaint alleges that Plaintiffs Robert Vartzar and Adena Assatoorian's (“Plaintiffs”) property sustained significant water damage cause by water intrusion due to Defendant New Star Realty, Inc.'s (“New Star”) lack of maintenance on their property including a faulty roof drainage system and piping. (Compl. ¶ GN-1.) PROCEDURAL HISTORY Plaintiffs filed the Complaint on September 12, 2018, alleging one caus...

Excerpt: ...ntiff RM Global Textile, Inc's Motion for Summary Judgment of Complaint and Cross‐Complaint, or, Alternatively, Adjudication of Each Cause of Action and Affirmative Defenses is DENIED FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff RM Global Textile Inc. (“RM Global”) is a textile manufacturer of toddler and infant clothing, which it sold to Defendant Mad Engine, LLC (“Mad Engine”...

Excerpt: ...dings 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 ¶¶ 7...

Excerpt: ...EGATIONS This is an action violation of the Investigative Consumer Reporting Agencies Act. The Complaint alleges as follows. Plaintiffs Kyler Correia (“Kyler”), Daniel Rignack (“Daniel”), and Roger Rignack (“Rogers”) were prospective tenants and/or guarantors of a residential building managed by Defendant Peak Campus California, Inc. (“Peak Campus”). (Compl. ¶¶ 1‐4.) The online application completed by the Plaintiffs stated th...

Excerpt: ...on, harassment, and retaliation. Plaintiff Jane Doe (“Doe”) alleges as follows. Doe, a minor, was hired by Starbucks Corporation (“Starbucks”) as a barista in August 2018. (Compl. ¶ 8.) The Complaint alleges various instances of negative contact with customers, as well as continued physical and sexual harassment by a coworker. (Compl. ¶ 11.) Doe reported complaints to management regarding the harassment, but they were ignored. (Compl. �...

Excerpt: ...SURANCE COMPANY'S MOTION TO SEAL DOCUMENTS CONDITIONALLY LODGED UNDER SEAL IN CONNECTION WITH DEFENDANT NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA'S MOTION FOR SUMMARY ADJUDICATION FILED ON JUNE 10, 2019 Plaintiff Core Health & Fitness, LLC's Motion to Seal Confidential Records Filed Conditionally Under Seal is DENIED. Non‐Party Navigators Insurance Company's Motion to Seal Documents Conditionally Lodged Under Seal in Connection with D...

Excerpt: ...le a First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Department of Fair Employment and Housing (“DFEH”) brings this action on behalf of real party in interest Laura Anderson. (“Anderson.”) (Complaint ¶ 1.) Anderson began employment with defendant Santa Clarita Community College District (“District”) in 2006, and works there as an admini...

Excerpt: ...6)'S DEMURRER TO THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT THYSSENKRUPP MATERIALS, NA, INC. (DOE 2)'S DEMURRER TO THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SUNNEN PRODUCTS COMPANY (DOE 5)'S DEMURRER TO THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE DEFENDANT SASOL CHEMICALS (USA) LLC (DOE 3)'S DEMURRER TO THE FIRST AMENDED COMPLAINT AND MOTION TO STRIKE Defendants Sasol Chemical and BP Lubricants USA Inc.'s Dem...

Excerpt: ...OSSROADS SPV, LLC'S MOTION TO DECLARE PLAINTIFF AIDS HEALTHCARE FOUNDATION A VEXATIOUS LITIGANT Real Party in Interest CRE-HAR Crossroads SPV, LLC's Motion to Declare Plaintiff AIDS Healthcare Foundation a Vexatious Litigant is DENIED. FACTUAL BACKGROUND This is a fair housing and land use action. The Complaint alleges as follows. Plaintiff AIDS Healthcare Foundation (“AHF”) challenges the decisions of City of Los Angeles (the “City”) and...

Excerpt: ...MENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Cross-Defendants Michael Falls and Tatyana Falls' Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is a wrongful termination case. The Complaint alleges as follows. Plaintiff Michael Falls (“Michael”) and his wife Tatyana Falls (“Tatyana,” and collectively with Michael “the Falls”) was a wrongfully terminated employee of Defendant Evergreen RX, Inc. dba Medico Pharmacy (�...

Excerpt: ...use of Action, and DENIED as to the remainder. FACTUAL BACKGROUND This is a wrongful termination case. The Complaint alleges as follows. Plaintiff Lianna Rebolledo (“Rebolledo”) worked as a coordinator for Defendant Hombre Nuevo (“NH”) from March 2014 until her termination in February 2017. (Compl. ¶ 6.) Rebolledo was terminated while on medical leave via a letter sent by U.S. Mail. (Compl. ¶ 6.) Plaintiff was also accused of stealing a...

Excerpt: ...es the attorneys fee award for a total award of: $120,830 in attorneys fees and $1,724.48 in costs. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges that Defendant United Teachers Los Angeles (“UTLA”) filed several claims against Plaintiff Alliance for College-Ready Public Schools, Inc. (“Alliance”), alleging that Alliance had engaged in anti-union conduct in violation of the Educational Employment Rel...

Excerpt: ...ecords and comparable billing rates. 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 alleges as follows: Plaintiff Justin Jones (“Jones”) was friends with Defendant Angela Renee White aka Blac Chyna (“Chyna”), a public personality. (Complaint ¶ 6.)There exists a picture of Jones and Ch...

Excerpt: ...nd (b) for Drs. Lakshmanan, Fajardo, and Brill [(a) To prohibit questions related to the standard of care for administration of Fentanyl by Dr. Brill, an employee of UCLA (not a County employee or a defendant); (b) To prohibit any testimony or opinion that Dr. Brill engaged in criminal conduct], and DENIED as to questions (c) for Drs. Lakshmanan, Fajardo, and Brill [(c) To prohibit questions related to whether Bertone's assignment at the Coroner'...

Excerpt: ...e 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 sum of $1.3 million to Northtowne Self Storage...

Excerpt: ..., LLC's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED with leave to amend because this is the first ruling on this complaint. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Alameda Square Owner LLC (“Alameda”) seeks to enforce its contractual right to access a section of 8 th Street in downtown Los Angeles pursuant to a 1983 Recip...

Excerpt: ...ACTUAL BACKGROUND This is an action for violations of the Labor Code. The Complaint alleges as follows. Plaintiff Hugo Huerta (“Huerta” or “Plaintiff”) was employed by Defendant CPM One Source Inc. (“CPM”) as a warehouse worker and/or truck driver at various assigned locations in Los Angeles County. (Compl. ¶¶ 5, 14.) The Complaint alleges that when he was separated from his employment, he was owed compensation from CPM for missed m...

Excerpt: ...s Defendants to deliver printed courtesy copies of their moving and responding papers to Department 78 by Thursday, Januar30, 2020, with all exhibits indexed and tabbed. On the same date the Court orders Defendants to electronically file all evidence with all exhibits (both evidence in support of Defendants' Motion and in Opposition to Plaintiff's Motion) indexed and electronically tabbed. The Court orders Plaintiff by Thursday, January 30, 2020 ...

Excerpt: ...r Change of Venue to San Bernardino County is GRANTED. FACTUAL BACKGROUND This is a FEHA employment discrimination action. The First Amended Complaint alleges as follows. Plaintiff Yvette Darlene Perez (“Perez”) was hired by Inland Empire Health Plan (“IEHP”) as an eligibility specialist around June 1, 2015 and was promoted to project specialist. (FAC ¶ 11.) Perez went on CFRA leave in March and April 2016 due to seizures, anxiety, and p...

Excerpt: ...uciary duty and negligence case. The First Amended Complaint (“FAC”) alleges as follows. In the fall of 2018 Plaintiff Courtney O'Donnell (“Plaintiff”) retained Defendants Top Producers A & L, Inc. dba Re/Max Top Producers (“Top Producers”) and Casey TeVault (“TeVault”) to assist her in the purchase of a single family home. (FAC ¶ 11.) Plaintiff entered into a Real Estate Purchase Agreement (the “Agreement”) to purchase the p...

Excerpt: ...281.4. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Abed Dubester (“Dubester” or “Plaintiff”) was employed by Ampam Parks Mechanical, Inc. (“Ampam”) beginning September 5, 2017 as a Safety Representative. (Compl. ¶¶ 2, 15-16.) During his time of employment, Dubester suffered from various physical and mental/emotional disabilities, of which Ampam was aware. (Compl. ¶...

Excerpt: ...A Penalties – is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Karla (aka “Karly”) Odell was hired by Defendant The Salvation Army in February 2016. (Compl. ¶ 12.) On May 30, 2017, a Salvation Army beneficiary died in an incident by suicide. (Compl. ¶ 19.) Odell reported her supervisor's failure to follow protocol to Human Resou...

Excerpt: .... The demurrer to the First cause of action is OVERULED. 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, Ghassan Kafouf, Alan Fattal (Kafoufs and Fattal co...

Excerpt: ... Attorneys' Fees is GRANTED in the amount of $808,445.20for Alameda Square Owner, LLC. FACTUAL AND PROCEDURAL BACKGROUND This action involves certain property in a section of downtown Los Angeles commonly known as “Alameda Square.” The Causes of Action of Plaintiff' of Los Angeles Wholesale Produce Market (“LAWPM”) are set forth in its First Amended Complaint filed April 14, 2017. On August 16, 2017 the Court granted LAWPM's motions for s...

Excerpt: ...ing, LLC's Demurrer to the Second Amended Complaint is SUSTAINED, with leave to amend, as to the First through Fifth Causes of Action. Defendants Option One Mortgage Corporation and Ocwen Loan Servicing, LLC's Motion to Strike Portions of the Second Amended Complaint is DENIED AS MOOT. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Second Amended Complaint (“SAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho ...

Excerpt: ...ool District, Laura Chism, Michael Bregy, Luke Pavone, and Jeanie Davis' Demurrer to the Second Amended Complaint is SUSTAINED with leave to amend as to the Third, Sixth, Eight, Tenth, and Eleventh Causes of Action, as well as the Second Cause of Action as to the District, Bregy, and Pavone; and OVERRULED as to the Fourth, Fifth, and Ninth Causes of Action, as well as the Second Cause of Action as to Davis and Chism. Defendants Beverly Hills Unif...

Excerpt: ..., and OVERRULED as to the Third through Ninth, Eleventh and Twelfth Causes of Action. FACTUAL BACKGROUND This is an action for employment discrimination. The First Amended Complaint 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. (FAC ¶¶ 10, 14d.) Defendants include TBWA Worldwide, Inc....

Excerpt: ...aintiff Denise Bertone's Motion for Discovery of Peace Officer Personnel and Other Records of Los Angeles County Coroner's Department Lieutenant Brian Kim and Plaintiff Denise Bertone is GRANTED, with the restriction that Requests 1(f) and 1(g) are limited to materials involving Kim's conduct within five years of March 17, 2017. FACTUAL BACKGROUND This is a consolidated action for whistleblower retaliation. The 2017 and 2018 Complaints allege as ...

Excerpt: ...eave to amend. FACTUAL BACKGROUND This is an action for damages. The Complaint 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 Me...

Excerpt: ...leges as follows. Plaintiff Rudolph Nelson (“Nelson”) was hired by Defendant Raymond Apodaca (“Apodaca”) in February 2018 as a construction superintendent for construction projects of Defendant WPIC Construction, LLC (“WPIC”). (Compl. ¶ 7.) Nelson was injured while working and suffered a stroke in June 2018. (Compl. ¶ 8.) The Complaint alleges disability discrimination and harassment, resulting in termination following the injury. (...

Excerpt: ...O; and ROES 1-10; Cross-Defendants. STATE OF CALIFORNIA ; Cross-Complainant, vs. ELMER LOPEZ-PLIEGO; and ROES 1-50; Cross-Defendants. Defendant City of Los Angeles' Motion for Summary Judgment is therefore GRANTED against Plaintiff Security National Insurance Company. FACTUAL BACKGROUND This is a negligence and workers' compensation damages action. The Complaint alleges as follows. Plaintiff Security National Insurance Company (“Security”)'s ...

Excerpt: ... Jane Does 1 and 2 (“Plaintiffs”) worked as locker room attendants and lifeguards for Defendant City of Burbank (“Burbank”). (Complaint ¶¶ 11–13.) The lifeguard changing room or office was left opened such that the door was opened many times, and people saw Plaintiffs in various stages of undress. (Complaint ¶ 14.) In June 2016 it was discovered that Defendant Arturo Ponce Montano (“Montano”) had secretly used his cell phone came...