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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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