Excerpt: ... Fifteenth Causes of Action; and OVERRULED as to the Sixth through Eighth, Tenth, and Twelfth through Fourteenth Causes of Action. Defendant Landscape Development, Inc.'s Motion to Strike is DENIED. FACTUAL BACKGROUND This is a discrimination and wage/hour action. The Complaint alleges as follows. Plaintiff Salvador Orozco (“Orozco”) was hired by Defendants Landscape Development, Inc. (“Landscape”), Landscape Development (“Development�...

Excerpt: ...etition to Confirm Arbitration Award is GRANTED. Plaintiff Cogeneration Company's Petition to Vacate the Arbitration Award is DENIED. PROCEDURAL HISTORY On July 26, 2019, Plaintiff Cogeneration Company (“CCC”) filed the Complaint, alleging one cause of action for breach of contract. On September 3, 2019, CCC filed the FAC, alleging three causes of action: 1. Breach of contract 2. Breach of covenant of good faith and fair dealing 3. Rescission...

Excerpt: ...NATION Plaintiffs/Judgment Debtors Nathan Johnson and Shari Edwards' Motion for Protective Order is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duty and invasion of privacy. The facts of this case are more thoroughly set forth in previous rulings by this Court. Plaintiffs Nathan Johnson, Shari Edwards, and Edwards-Johnson LLC[1] allege that they are homeowners within a gated community in Los Angeles. (First Amended Compla...

Excerpt: ...FORNIA), INC., ONNI REAL ESTATE IX, LLC, AND ONNI SOUTH HILL LIMITED PARTNERSHIP'S MOTION TO STRIKE PORTIONS OF DOMUS DESIGN GROUP, LLC'S 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 The Onni Cross-De...

Excerpt: ...ARITA COMMUNITY COLLEGE DISTRICT, et al.; Defendants. Defendant Santa Clarita Community College District's Demurrer to the Complaint in Intervention is SUSTAINED as to the Fifth Cause of Action and OVERRULED as to the First through Fourth causes of action. Defendant Santa Clarita Community College District's Motion to Strike is GRANTED. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff...

Excerpt: ...Paul Di Giralamo, and David Sanchez's Motion to Compel Arbitration is GRANTED as to the claims between Plaintiff and PLD, Girolamo, and Sanchez. This action is STAYED pending the conclusion of arbitration. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Francisco Garcia (“Garcia”) was employed by Defendants PLD Enterprises dba Superior Seafood Com...

Excerpt: ...NT MAURICIO FUX'S DEMURRER TO THE FAC Defendant Mauricio Fux's Demurrer to the FAC is SUSTAINED without leave to amend as to the Fifth and Sixth Causes of Action. The Demurrer is MOOT as to the Fourth Cause of Action. FACTUAL BACKGROUND This is a derivative action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jerry Yorman Azarkman (“Azarkman”) is a shareholder of Nominal Defendant DIR Internatio...

Excerpt: ... ACTION IS LEGALLY OR SUBSTANTIVELY INSUFFICIENT OR LACKING IN MERIT As the Court will reiterate repeatedly in ruling on these motions, the sole issues to be tried in this phase of these proceedings is whether Plaintiff was damaged by Defendants' act in maliciously prosecuting the causes of action for declaratory relief and unjust enrichment and, if so, the amount of Plaintiff's damages. The fact that Defendant maliciously prosecuted these two ca...

Excerpt: ...el Arbitration is GRANTED. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Hanaa Hanein (“Hanein”) was hired by Defendants Macy's Retail Holdings, LLC and Macy's (“Macy's,” improperly sued as Macy's West Store, LLC) in October 2018. (Compl. ¶ 17.) Hanein was injured at work in May 2019, she filed a workers' compensation claim and was placed o...

Excerpt: ...el Arbitration is GRANTED. FACTUAL BACKGROUND This is an employment discrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Hanaa Hanein (“Hanein”) was hired by Defendants Macy's Retail Holdings, LLC and Macy's (“Macy's,” improperly sued as Macy's West Store, LLC) in October 2018. (Compl. ¶ 17.) Hanein was injured at work in May 2019, she filed a workers' compensation claim and was placed o...

Excerpt: ...iscrimination, retaliation, and wrongful termination case. The Complaint alleges as follows. Plaintiff Marco Vera Bouchain (“Vera”) was employed by Defendants Dominoids, Inc. dba Domino's Pizza (“Dominoids”) and Western Pizza Enterprises, Inc. dba Domino's Pizza (“Western”) from 2010 until July 26, 2019 as a pizza delivery person. (Compl. ¶ 10.) Vera was injured in a car accident while delivering pizza in September 2017, but Defendan...

Excerpt: ...onio Sanchez's Motion to Strike Portions of the Complaint is DENIED as to both punitive damages and attorneys' fees. FACTUAL BACKGROUND This is an action alleging various causes of action arising from an alleged breach of contract. The Complaint alleges as follows. Plaintiffs Gee & Daughter, LLC (“Gee”) and Stephanie Lee (“Lee”) purchased the subject real property on March 3, 2021 from Defendants Second Generation Industry (“SGI”), Ar...

Excerpt: .... On October 12, 2012, Plaintiffs Lisa Acrond (“Acrond”) and Margie Armstead (“Armstead”) purchased a 2012 Hyundai Elantra with an express written warranty from Defendant Hyundai Motor America (“Hyundai”)'s authorized dealership South Bay Hyundai. (Compl. ¶¶ 6-7.) Defendant BMW of North America, LLC (“BMW”) manufactured and/or distributed the vehicle. (Compl. ¶ 7.) During the warranty period, the vehicle developed various defec...

Excerpt: ...up and Robert C. Burlison's Motion for Summary Adjudication of the First Cause of Action – Breach of Contract in the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a legal malpractice action. The Third Amended Complaint (“TAC”) alleges as follows. Plaintiffs Tony and Michael Atallah (“Plaintiffs”) retained Defendants Burlison Law Group and Robert C. Burlison (“Defendants”) to represent them in a lawsuit to enforce a commerci...

Excerpt: ...SITION 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 Investments...

Excerpt: ... the amount of $14,610.54. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Allen”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (FAC ¶ 1.) The FAC alleges that Defendant Lil Wave Financial, Inc. dba Su...

Excerpt: ...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. (“TNL”), a general contractor who agreed to furnish l...

Excerpt: ...D FORAT AND STUDIO CITY CAR WASH FOR FAILURE TO ADMIT THE TRUTH OF THE MATTERS WHEN REQUESTED BY REQUESTS FOR ADMISSION PLAINTIFFS/PETITIONERS BEHZAD FORAT AND STUDIO CITY CAR WASH, INC.'S MOTION TO TAX COSTS Defendants/Respondents City of Los Angeles and Los Angeles City Council's Motion for Attorneys' Fees is GRANTED in the reduced amount of $65,000. Plaintiffs/Petitioners Behzad Forat and Studio City Car Wash Inc.'s Motion to Tax Costs is DENI...

Excerpt: ...acate Contractual Arbitrator Award is GRANTED. Judgment is entered in favor of Vesta. Robin is ordered to pay Vesta $41,785.00 plus 10% interest from May 31, 2021 to date of payment, plus the costs of suit. Vesta to submit supplemental proof supporting a calculation of interest and the costs of suit. FACTUAL BACKGROUND This a breach of contract case. The Complaint alleges as follows. Plaintiff Showroom Interiors, LLC dba Vesta Home (“Vesta”) ...

Excerpt: ...leges as follows. Plaintiff Jaimyse Haft (“Haft”) leased property to Defendant Omar Nukta (“Nukta”) for a fixed-term lease expiring February 28, 2021 at $16,500 per month. (FAC ¶ 6.) Haft demands possession of the property because the fixed-term lease expired. (FAC ¶ 10.) The FAC alleges that the tenancy was terminated for both at-fault and no- fault reasons. (FAC ¶ 8.) PROCEDURAL HISTORY Haft filed the Complaint on March 3, 2021, alle...

Excerpt: ... MAURICIO FUX'S MOTION TO STRIKE UNDER C.C.P. SECTION 425.16 (ANTI-SLAPP) The Court declines to rule on the instant Special Motion to Strike. The Court holds that the FAC was improperly filed without leave of this Court and in violation of the February 22, 2021 ruling. Pursuant to this Court's inherent authority to enforce its rulings (Machado v. Myers (2019) 39 Cal.App.5th 779, 796, fn. 13, review denied (Dec. 11, 2019)), the Court strikes the F...

Excerpt: ...ant's Eighth Affirmative Defenses in the Answer to the First Amended Complaint is DENIED. Plaintiffs' Motion for Judgment on the Pleadings as to Defendant's Ninth Affirmative Defenses in the Answer to the First Amended Complaint is GRANTED without leave to amend. FACTUAL BACKGROUND This is a wrongful death action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Rachel Ohi (“Rachel”) brings this action as successor-in-int...

Excerpt: ... Requirements and Request for Stay is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ignite International, Ltd. Formerly Vulcan Enterprises US, Ltd. (“Vulcan”) and Ignite International Brands Ltd. (“Ignite”) entered into a Residential Lease Agreement on May 27, 2018 with Defendant 10979 Chalon, LLC (“10979”), as lessor, for real property known as 10979 Chalon Road, Los...

Excerpt: ...of Action is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is a foreclosure/fraud/wrongful debt collection action. The Third Amended Complaint (“TAC”) alleges as follows. In November 2006, Plaintiff Diana Gray f/k/a Diana Bogden (“Bogden” or “Plaintiff”) entered into negotiations to purchase a residential property in West Hollywood (the “Property”). (TAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First ...

Excerpt: ...ornia and Ken Begey's Motion to Strike is DENIED as to both attorneys' fees and punitive damages. FACTUAL BACKGROUND This is an action alleging breach of fiduciary duties. The First Amended Complaint (“FAC”) alleges as follows. In April 2018, Plaintiffs Mehdi Haerikhorshid and Leila Haeri were convinced to make made an offer on residential property by their real estate agent, Defendant Mary Medhi Fadaei (“Fadaei”). (FAC ¶ 16.) The proper...