Excerpt: ...n Place Construction, Inc.'s Demurrer to Defendant A&R Corporation, Inc.'s Cross-Complaint is OVERRULED. Plaintiff and Cross-Defendant Cast in Place Construction, Inc.'s Motion to Strike Portions of Defendant A&R Corporation, Inc.'s Cross-Complaint is GRANTED with leave to amend as to Paragraphs 14 and 41 related to the filing of a mechanic's lien, and DENIED as to the prayer for punitive damages. FACTUAL BACKGROUND This is an action for breach o...

Excerpt: ... that Plaintiff John Nathan Gordon (“Gordon”) obtained a favorable judgment against Defendant Kambiz Faalzadeh (“Faalzadeh”) in Colombia on March 4, 2015. (Complaint ¶ 3.) $3,414,822.74 are due Gordon in damages. (Complaint ¶4.) Gordon asks for entry of this judgment here. (Complaint at p. 4.) PROCEDURAL HISTORY Gordon filed the Complaint on September 8, 2017, alleging one cause of action for entry of judgment based on foreign judgment....

Excerpt: ...Cause of Action for Breach of Implied Warranty of Merchantability, and OVERRULED as to the Third, Fourth, Sixth, and Seventh Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Second Amended Complaint (“SAC”) alleges as follows. In September 2012, Plaintiff Eric Escorsia (“Escorsia”) purchased a 2012 Kia Optima with an...

Excerpt: ...t Amended Cross-Complaint is SUSTAINED, with leave to amend, as to the Fifteenth Cause of Action for Unfair Competition, and OVERRULED as to the Second and Fourth Causes of Action for Fraud and Negligent Misrepresentation. Cross-Defendant Gregory R. Ryan's Motion to Strike Portions of the First Amended Cross- Complaint is GRANTED as to the prayer for attorneys' fees against Ryan, without leave to amend, and DENIED as to the prayer for punitive da...

Excerpt: ...Pittsburgh, PA's Motion for Reconsideration of this Court's November 1, 2018 Order is GRANTED. Core must produce unredacted retainer agreements, fee inovices, time sheets, and payment records for attorney services for which Core will claim entitlement to Brandt fees. FACTUAL BACKGROUND This is an action for bad faith breach of contract and legal malpractice. The Complaint alleges as follows. Plaintiffs Core Health & Fitness, LL, Core Fitness, LLC...

Excerpt: ...mplaint, and Request for Sanctions, is DENIED. FACTUAL BACKGROUND This is an action for negligence and intentional infliction of emotional distress. The Complaint alleges as follows. Plaintiff Eulalia Chavez (“Chavez”) fell down in the aisle of an airliner after being hurried to her seat by an aggressive flight attendant. (Complaint ¶¶ 12–13.) She was sent to the hospitals for injuries. (Complaint ¶ 14.) PROCEDURAL HISTORY Chavez filed t...

Excerpt: ...unitive Damages Allegations is DENIED. FACTUAL BACKGROUND <0033004f0044004c005100 00510056005200510003>Petroleum (“Bronson”) owns a gas station. (Complaint ¶ 1.) Defendant Sunset Studios Holdings, LLC (“Sunset”) owns real property across the road from Bronson's gas station. (Complaint ¶ 2.) Sunset contracted with Defendant Hathaway Dinwiddie Construction Company (“Hathaway”) to build a high rise building on Sunset's property. (Compl...

Excerpt: ...00. FACTUAL BACKGROUND This is an action for fraud and elder abuse. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff is Yolanda Gallegos Terrazas (“Terrazas”) as conservator of the estate of Carmen Guzman (“Guzman”). In 2012, Guzman was 80 years old and living with dementia. (FAC ¶ 12.) In August 2012, Defendant Inez Landin (“Landin”), Guzman's granddaughter, moved into Guzman's home to provide health care. (FAC ...

Excerpt: ...its entirety, with leave to amend. Defendants Velur Enterprises, Inc. and Velur Properties, LLC's Motion to Strike Portions of the Complaint is DENIED as moot. FACTUAL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiffs Haiming Hu and Limin Jiang (“Plaintiffs”) responded to advertisements by Defendants Velur Enterprises, Inc. and Velur Properties, LLC (“Velur”) stating that Velur owned properties that were...

Excerpt: ... is fully and adequately set forth in prior orders of the Court. Cross-Complainant Jessica Herwill (“Herwill”) has filed thirteen motions in limine and Cross- Defendants Nicholas Wagner and Wagner, Jones, Kopfman & Artenian (hereinafter collectively “WJKA”) have filed ten. The purpose of this Tentative Ruling is to set forth the court's tentative rulings on those motions. MOTIONS IN LIMINE HERWILL'S MOTIONS IN LIMINE CC1 — TO PRECLUDE C...

Excerpt: ...practice action. Plaintiff Mohammad Mazed (“Mazed”) alleges that defendant Leech, Tishman, Fuscaldo & Lampl, LLP (“Leech”) mailed him a demand letter on February 21, 2017 seeking $19,795.07 relating to legal services allegedly performed inMazed v. J.P. Morgan Chase. (First Amended Complaint (“FAC”) ¶ 8.) Mazed alleges he does not owe Leech any money because defendant Ivan Posey (“Posey”) explicitly waived any claim for fees when ...

Excerpt: ...ntiff Jordan Simons (“Plaintiff”) and Defendant David Saffron (“Defendant”) entered into a written settlement agreement whereby Defendant agreed to pay Plaintiff 2,250 Bitcoin and $16,600.00 or the equivalent value in Bitcoin by a certain date in July 2018. (Complaint ¶ 5.) Plaintiff has performed his end of the contract, but Defendant has not delivered any payment. (Complaint ¶ 6.) PROCEDURAL HISTORY Plaintiff filed the Complaint on No...

Excerpt: ...on, A.P.C., Julie A. Mehrban, and Morse Mehrban's Special Motion to Strike Complaint is GRANTED. FACTUAL BACKGROUND This is an action for defamation and fraud. The Complaint alleges that Defendants Law Office of Morse Mehrban, A.P.C., Mehrban Law Corporation, A.P.C., Julie A. Mehrban, and Morse Mehrban (“Defendants”) engage in a practice of filing fraudulent disability lawsuits, including against Plaintiff James Shin (“Shin”), in which th...

Excerpt: ...This is an action for fraud, defamation, and wrongful eviction arising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed for their Santa Clarita residence executed in A...

Excerpt: ...merica is GRANTED in part as to Requests No. 7, 8, 11, 12, 48, 49, 59, 72, 73, and 82. The motion is otherwise DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Delinda W. Smith (“Smith”) on October 24, 2015, purchased a 2014 Kia Rio with an express written warranty. (Complaint ¶¶ 6–7.) During the warranty period, the vehicle developed several defects. (Complaint ¶ 8.) PROCEDURAL HISTORY Smi...

Excerpt: ... Services, Inc.'s Motion for Determination of Good Faith Settlement is GRANTED. Defendants James H. Dresselaers and Colleen Dresselaers's Motion for Determination of Good Faith Settlement is GRANTED. FACTUAL BACKGROUND The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Eric Barton (“Barton”), a former NFL player, was a member of EBB Promotions, LLC (“EBB”), a Maryland LLC. (FAC ¶¶ 1, 2.) Barton was a client of defenda...

Excerpt: ...end his deposition within 20 days of this order. No sanctions are awarded. FACTUAL ALLEGATIONS This is a wage-and-hour case. Plaintiffs Shahriyar Khansari and Pershing Fallahpour allege that they are former employees of Defendants TC Lounge, Inc. and Ahmad Massoud. (Complaint ¶ 12.) Plaintiffs allege that throughout their employment with Defendants, they were misclassified as independent contractors, leading to various labor law violations. (Com...

Excerpt: ...mmary Adjudication is DENIED. FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Carlos Belteton (“Belteton”) worked for Defendant Gelson's Markets, Arden Group Inc. (“Gelson”) as a meat cutter. (Complaint ¶ 1.) Beleton was disabled, and Defendant managers Fred White and Karla Ash knew of his disability and his need for accommodation. (Complaint ¶ 4.) Defendants subjected Belt...

Excerpt: ...wain and Asi Rayn's Motion to Strike Portions of the First Amended Complaint is GRANTED with leave to amend as to the prayer for punitive damages and the FAC's mention of claims for breach of contract and tortious breach of contract but DENIED as to the mention of “Personal Injury” in the complaint's label. FACTUAL BACKGROUND This is an action for negligence. The First Amended Complaint alleges that Defendants Zipora Atwain and Asi Rayn negli...

Excerpt: ...er, LLC's Demurrer to the Complaint is SUSTAINED with leave to amend as to the First, Second, Third, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Twelfth Causes of Action as alleged by Plaintiff Gerard Lingad, and otherwise OVERRULED. FACTUAL BACKGROUND This is a landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Maria Hazel San Mateo, Lindsey Mejia, Orisza Mejia, and Gerard Lingad (“Plaintiffs resided in a...

Excerpt: ...ND CROSS- COMPLAINANTS FIERSTADT & MANS, LLP, JACK A. FIERSTADT, AND DAVID A. MANS'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT Plaintiffs and Cross-Defendants Michael and Donna Zimmerman's Motion for New Trial is DENIED. Plaintiffs and Cross-Defendants Michael and Donna Zimmerman's Motion for Judgment Notwithstanding the Verdict is DENIED. Defendants and Cross-Complainants Fierstadt & Mans, LLP, Jack A. Fierstadt, and David A. Mans's Motion...

Excerpt: ...t Mercedes-Benz USA, LLC, is GRANTED in part, as follows: <000f000300140013000f00 000300150015000f0003[26, and 50, the matters upon which Nicholas Cinquepalmi testified. As to the matters for which Mercedes offered no PMK, the Motion is GRANTED as toMatters No. 7, 9, 11, 12, 15–21, 23, 25, 27–29, and 31–49, and Mercedes must produce a witness for them. The Motion is DENIED as to Matters No. 24 and 30. No sanctions are awarded. FACTS This is...

Excerpt: ... THE FIRST AMENDED COMPLAINT. DEFENDANTS GREATER LA ESCROW, INC. AND ANDREA KAWAWAKI'S MOTION TO STRIKE PORTIONS OF THE FIRST AMENDED COMPLAINT Defendant LALM Enterprises, LLC's Demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to the First Cause of Action for Conversion, SUSTAINED with leave to amend as to the Sixth Cause of Action for Fraud, and OVERRULED as to the Ninth and Tenth Causes of Action. Defendants Alla T...

Excerpt: ...057[o a protective order stipulated to by the parties and submitted for Court approval within 15 days of this order, or to such order entered by the court pursuant to a noticed motion. The Motion is DENIED as to all other requests FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Benjamin Watts and Shannel Sims purchased a 2014 Chevrolet Cruze on July 20, 2015, which included an ex...

Excerpt: ... is DENIED. Plaintiff and Cross-Defendant The Law Firm of Fox and Fox's Motion for Summary Judgment is GRANTED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. Defendant Gretel Gonzales (“Gonzales”) entered into a written contract with Plaintiff The Law Firm of Fox and Fox (“Fox”) to retain Fox to represent her in a dissolution matter. (Complaint at pp. 2–3.) Gonzales owes Fox $763,330.48 in fee...

Excerpt: ...on Law action. The Complaint alleges as follows. Plaintiff Rita L. Johnson (“Johnson”) purchased a new 2015 Jeep Cherokee on November 22, 2014, with a warranty from Defendant FCA US LLC (“FCA”). (Complaint ¶¶ 4, 8.) The vehicle contained a defect in the Totally Integrated Power Module that FCA knew of before the sale but did not disclose. (Complaint ¶¶ 89–93.) PROCEDURAL HISTORY Johnson filed the Complaint on December 16, 2016, alle...

Excerpt: ...Amended Complaint is SUSTAINED, with leave to amend, as to the Sixth through Tenth Causes of Action, and OVERRULED as to the prayer for punitive damages. Defendant Ace American Insurance Company's Demurrer to First Amended Complaint is SUSTAINED, with leave to amend, as to the Sixth through Tenth Causes of Action, and OVERRULED as to the prayer for punitive damages and attorneys' fees. FACTUAL BACKGROUND This is an action for wrongful termination...

Excerpt: ... Deposition Subpoena from Non-Party Varty Mazlemian is GRANTED. The request for sanctions is DENIED WITHOUT PREJUDICE as set forth below. FACTUAL BACKGROUND This is an action for fraudulent transfer. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs 10415 Commerce, LLC and Arman Yegiyants (“Plaintiffs”) hold certain claims against Defendant Hratchia Bardakjian (“Bardakjian”) in excess of $1 million. (FAC ¶¶ 13–14....

Excerpt: ...TED. Sanctions are awarded in favor of plaintiff in the amount of $3615 against FCA and its counsel, within 30 days. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Jeremy Minney on June 27, 2016, leased a 2017 Chrysler Pacific, with express and implied warranties from Defendant FCA US, LLC. (Complaint ¶¶ 5–9.) The vehicle developed defects in the warranty period, such as “hesitation, jerking, tran...

Excerpt: ... FOUR Plaintiff Core Health & Fitness, LLC's Motion to Compel Defendant National Union Fire Insurance Company of Pittsburgh, PA to Provide Further Responses to Requests for Production, Set Four, is GRANTED in part. All documents filed with the court in the Powellaction described below and all documents upon which defendant intends to rely in explaining the positions it took in an action are ordered to be produced within 20 days. No sanctions are ...

Excerpt: ...Plaintiff. 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 could sell Babadjanian's red Ferrari. (TAC ¶ 14.) Babadjanian gave Wegner for the Ferrari for him to sell. (TAC ¶ 15.) Babadjanian alleges ...

Excerpt: ...s as follows.[1] Plaintiff and Decedent Barbara Taylor (“Taylor”) resided at Defendant Country Villa East Terrace (“Country”) beginning November 2014, her admittance primarily the result of renal diseases and dementia. (SAC ¶ 7.) On July 31, 2015, Taylor was transferred to Defendant Southern California Hospital (“Socal”) for treatment of pneumonia and a urinary tract infection. (SAC ¶ 8.) On August 3, 2015, Taylor's charting notes d...

Excerpt: ... case is fully and adequately set forth in prior orders of the Court. As relevant to this motion, Plaintiff Jessica Herwill (“Herweill”) filed her Motion to Compel Responses to Special interrogatories, Set Two on March 26, 2019 and an amended motion and supporting papers on April 8, 2019. Cross- Defendants Nicholas Wagner and Wagner, Jones, Kopfman & Artenian LLP's (hereinafter collectively “WJKA”) filed their opposition on April 16, 2018...

Excerpt: ...ness Alexsandr Blanovsky Should Not be Held in Contempt is DENIED. 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 ...

Excerpt: ...sponses from Defendant General Motors, LLC to Special Interrogatories, Set One, is GRANTED as to Special Interrogatories No. <0011000300260052005800 00560003005600440051[ctions in favor of plaintiff against GM and its counsel in the amount of $2862.50, payable within 30 days. Plaintiff Fidel Hernandez's Motion to Compel Further Responses from Defendant General Motors, LLC to Requests for Production of Documents, Set One, is GRANTED as to Requests...

Excerpt: ...ER III'S MOTION TO STRIKE PORTIONS OF THE COMPLAINT Defendant Glendale Unified School District's Demurrer to the Complaint is SUSTAINED without leave to amend as to the Fourth Cause of Action and OVERRULED as to the Third and Fifth Causes of Action. Defendant Glendale Unified School District's Motion to Strike Portions of the Complaint is GRANTED, without leave to amend, as to the prayer for attorneys' fees and for prejudgment interest. Defendant...

Excerpt: ...plaint alleges as follows. Plaintiff Alex Sandoval (“Sandoval”) worked for Defendant Supra National Express, Inc. (“Supra”) as a truck driver from March 2013 through May 31, 2017. (Complaint ¶¶ 12–13.) During this time, Supra failed to pay Sandoval overtime compensation, and failed to provide statutory meal and rest breaks. (Complaint ¶¶ 13–17.) PROCEDURAL HISTORY Sandoval filed the Complaint on September 10, 2018: 1. Failure to P...

Excerpt: ... is GRANTED in the amount of $30,408.00. FACTUAL BACKGROUND This is a collections action by an attorney against his clients. Plaintiff Mostafavi La Group, APC (“Mostafavi”) alleges that he entered into an agreement with defendants Maryam Ershadi and Ebrahim Moshiri (“Ershadi and Moshiri”) on November 20, 2014, and agreed to represent them in an action filed against them by their former employee at a rate of $450 per hour. (Complaint ¶¶ ...

Excerpt: ...ulation of the net proceeds available to Claimant. 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 injuries. (Complaint at...

Excerpt: ...��Kokenis”) retained attorney Defendant Geordie Duckler (“Duckler”) in March 2015 to represent her in a matter against the County involving disputed possession of a dog named Katy. (Complaint ¶ 5.) Duckler improperly filed the case in a limited jurisdiction court, even though he sought equitable relief; failed to investigate the case or correspond with Kokenis, and sued the wrong entities, including the wrong branch of the county of Los An...

Excerpt: ...Defendant National Union Fire Insurance Company of Pittsburgh, PA's Answer to First Amended Complaint is SUSTAINED, with leave to amend, as to Affirmative Defenses No. 7, 16, 19, 20, 21, 22, 34, 35, 36, 42, 38, and 51–53, <0014001a000f0003001500 000f000300160015000f[ 37, 38, 40, 41, 43–47. FACTUAL BACKGROUND This is an action for bad faith breach of contract and legal malpractice. The Complaint alleges as follows. Plaintiffs Core Health & Fit...

Excerpt: ...rder is GRANTED in part. Herwill and WJKA will jointly retain and compensate a qualified litigation support person to image from WJKA's drives correspondence and emails to or from a list of names and email addresses provided by Herwill. That person will then index the communications and provide the index to the parties together with a declaration under penalty of perjury describing the process used in attaching the index. That list shall not incl...

Excerpt: ...ith leave to amend as to the Second and Third Causes of Action and OVERRULED as to the First and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract and tortious interference with economic relations. The Complaint alleges as follows. Plaintiff Steve A. Simons (“Simons”) is involved in the vehicle recovery and repossession business. (Complaint ¶ 8.) Defendant Allied Finance Adjusters Conference, Inc. (“Allie...

Excerpt: ...Twelfth, and Fifteenth Causes of Action for retaliation, and OVERRULED as to the First, Second, Fourth, Fifth, Seventh, Eighth, Tenth, Eleventh, Thirteenth, Fourteenth, Sixteenth, and Seventeenth Causes of Action. Defendant City of Los Angeles's Motion to Strike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for employment discrimination and harassment. The First Amended Complaint (“FAC”) alleges as fo...

Excerpt: ...plaint (“FAC”) alleges as follows. Plaintiffs 10415 Commerce, LLC and Arman Yegiyants (“Plaintiffs”) hold certain claims against Defendant Hratchia Bardakjian (“Bardakjian”) in excess of $1 million. (FAC ¶¶ 13–14.) Bardakjian had an interest in certain real property, which he transferred to Defendant Koko Polosajian (“Polosajian”) for no or nominal consideration in April 2014. (FAC ¶ 17.) Polosajian transferred the property t...

Excerpt: ...ocuments is GRANTED in part, as to all deposition questions, except for the following, as labeled in Bighorn's separate statement, as to which the motion is DENIED: Nos. <0018000f00030014001300 00140014000f00030014[22–125, 132, 140–143, 153, and 155. The Motion is DENIED as to the Requests for Documents included with the deposition notice. No sanctions are awarded. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The Fir...

Excerpt: ...eges as follows. Plaintiff Maria Melchior (“Melchior”) entered into a lease agreement with Defendants Robeto Sosa and Jeffrey Coe (“Defendants”) for a residential unit on Douglas Street in Los Angeles. (SAC ¶ 4.) Defendants knew, but did not disclose to Melchior, that the premises had previously been the subject of a sewage flood and did not have a sewage backflow valve, making another flood likely. (SAC ¶5.) Defendants partially remedi...

Excerpt: ... is the owner of an apartment building located at 1709 Westgate Avenue in Los Angeles. The building's manager is plaintiff The Marwin Company (“Marwin”), the management company is plaintiff Moss Management Services, Inc. (“Moss”), and plaintiffs Rachel Pozo (“Pozo”) and Justin Verstegen (“Vertegen”) are employees of Westgate. (Complaint ¶¶ 1–5.) Collectively, the court will refer to plaintiffs as “Westgate.” Defendants Myn...

Excerpt: ... OVERRULED as to the First Cause of Action. FACTUAL BACKGROUND This is an action to prevent foreclosure. The Complaint alleges as follows. Plaintiffs Martin and Diana Corpus (“Plaintiffs”) purchased property on Haskell Avenue in Granada Hills in April 2007, pursuant to a Deed of Trust. (Complaint ¶¶ 7–8.) Plaintiffs faced financial hardship and defaulted on their loan. (Complaint ¶¶ 10–11.) A Notice of Trustee Sale was recorded on the...

Excerpt: ...ave to amend as to the Second and Third Causes of Action, and OVERRULED as to the First and Fourth Causes of Action. FACTUAL BACKGROUND This is an action for breach of contract and tortious interference with economic relations. The Complaint alleges as follows. Plaintiff Steve A. Simons (“Simons”) is involved in the vehicle recovery and repossession business. (Complaint ¶ 8.) Defendant Allied Finance Adjusters Conference, Inc. (“Allied”)...

Excerpt: ...a protective order stipulated to by the parties and submitted for Court approval within 15 days of this order, or to an order entered by the Court pursuant to a noticed motion. The Motion is DENIED as to all other requests. FACTUAL BACKGROUND This is a Lemon Law case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jennifer Daily (“Daily”) purchased a 2012 GMC Terrain in November 2012. (FAC ¶ 17.) That purchase included...

Excerpt: ...nd Cross-Complainant General Street Media, LLC's Motion to Modify Preliminary Injunction is GRANTED in LASC Case No. BC709958. Defendant Sunset Hills Car Wash Inc.'s Demurrer is OVERRULED in LASC Case No. 19STCV01317. 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�...

Excerpt: ... the owner of an apartment building located at 1709 Westgate Avenue in Los Angeles. The building's manager is plaintiff The Marwin Company (“Marwin”), the management company is plaintiff Moss Management Services, Inc. (“Moss”), and plaintiffs Rachel Pozo (“Pozo”) and Justin Verstegen (“Vertegen”) are employees of Westgate. (Complaint ¶¶ 1–5.) Collectively, the court will refer to plaintiffs as “Westgate.” Defendants Myna C...

Excerpt: ...dence Relating to Plaintiff Sonja Oehler's Claim for Emotional Distress Damages is DENIED. FACTUAL BACKGROUND This is an action employment retaliation. The Third Amended Complaint (“TAC”) alleges as <0055005900480047000300 0057004c005900480003[Assistant to Senator Joseph Dunn, former Executive Director of Defendant State Bar of California (“Defendant”). (TAC ¶ 2.) In July 2014, Oehler provided information concerning misconduct by the Sta...

Excerpt: ...This is an action for defamation. The related action, Oehler v. State Bar of California, et. al., BC610699, is an action for employment retaliation. Both plaintiffs allege that because they supported Senator Joseph Dunn, former Executive Director of defendant State Bar of California, in a dispute which ultimately led to Mr. Dunn's dismissal, they were subject to adverse actions by representatives of the State Bar. In Mr. Layton's case his cause o...

Excerpt: ...nt alleges as follows. Plaintiffs 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 ...

Excerpt: ...O VACATE JUDGMENT IN CASE NUMBER BC610766 Cory Lafayette Brookshire Plaintiff vs. MARCO ASTANTI, ET AL Defendants Plaintiff Cory Lafayette Brookshire's Motion to Void and Vacate Any and All Orders, Trials Held and Judgments Made by Judge Gai Ruderman Feuer is In Case Number BC491762 is DENIED. Plaintiff Cory Lafayette Brookshire's Request to Vacate Judgment in Case Number BC610766 is DENIED. The Judgment signed by the Honorable Mel Red Recana on ...

Excerpt: ...O VACATE JUDGMENT IN CASE NUMBER BC610766 Cory Lafayette Brookshire Plaintiff vs. MARCO ASTANTI, ET AL Defendants Plaintiff Cory Lafayette Brookshire's Motion to Void and Vacate Any and All Orders, Trials Held and Judgments Made by Judge Gai Ruderman Feuer is In Case Number BC491762 is DENIED. Plaintiff Cory Lafayette Brookshire's Request to Vacate Judgment in Case Number BC610766 is DENIED. The Judgment signed by the Honorable Mel Red Recana on ...

Excerpt: ...to amend.. FACTUAL BACKGROUND This is an action for employment discrimination and harassment. The Complaint alleges as follows. Plaintiff Sabrena Odom (“Odom”) was employed by Defendants Los Angeles Community College District (“District”) California Community Colleges Board of Governors (“Board”), and Los Angeles South West College (“College,” with Board and District collectively as “Employers”) as an English professor. (Compl...

Excerpt: ...lder abuse. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff is Yolanda Gallegos Terrazas (“Terrazas”) as conservator of the estate of Carmen Guzman (“Guzman”). In 2012, Guzman was 80 years old and living with dementia. (FAC ¶ 12.) In August 2012, Defendant Inez Landin (“Landin”), Guzman's granddaughter, moved into Guzman's home to provide health care. (FAC ¶ 13.) In September 2012, Landin used her influence ove...

Excerpt: ...LLC, to Requests for Production, Set One, is GRANTED as to Requests No. 1–3, 5, 6, <00110003001c0003004400 00110003003100520003[sanctions are awarded. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Christina Muniz (“Muniz”) purchased a new 2017 Chevrolet Malibu in July 2017, with an express written warranty. (Complaint ¶¶ 5–8.) During the warranty period, the vehicle developed various defects....

Excerpt: ...N FACTUAL BACKGROUND AND PROCEDURAL HISTORY This case is currently proceeding as a legal malpractice action. Plaintiff Jordan Grossman (“Grossman”) alleged in his Complaint filed on October 12, 2016 that on July 9, 2012, he and defendant/cross-complainant Jessica Herwill (“Herwill”) were involved in an automobile accident caused by third party Devin Bancroft. (Complaint ¶ 6.) The complaint alleged that Grossman and Herwill both filed sep...

Excerpt: ...eges that Plaintiff John Nathan Gordon (“Gordon”) obtained a favorable judgment against Defendant Kambiz Faalzadeh (“Faalzadeh”) in Colombia on March 4, 2015. (Complaint ¶ 3.) $3,414,822.74 are due Gordon in damages. (Complaint ¶4.) Gordon asks for entry of this judgment here. (Complaint at p. 4.) PROCEDURAL HISTORY Gordon filed the Complaint on September 8, 2017, alleging one cause of action for entry of judgment based on foreign judgm...

Excerpt: ...d Amended Complaint (“SAC”) 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 commercial property lease with a lease option to purchase the property. (SAC ¶ 29.) Defendants represented that they were competent attorneys with experience in the relevant field of law. (SAC ¶ 24.) Defendants filed...

Excerpt: ... ASSOCIATION, LLC. Cross-Defendants Shanfeld Group, Inc., Michael Shanfeld, Isaac Shanfeld, Jeffrey Serber, Sunset Car Wash, GP, I.Shan, Inc., Steven Serber, and Anton Akopian's Demurrers to the Cross Complaint of General Barricade, LLC and Community Redevelopment Association, LLC, are SUSTAINED with leave to amend as to the Sixth Cause of Action for Breach of the Covenant of Quiet Enjoyment and the Fourteenth Cause of Action for Inducing Breach ...

Excerpt: ... that Plaintiff Thomas K. Carter (“Carter”) purchased a 2010 BMW 750 vehicle with an express written warranty. (Complaint ¶¶ 6–7.) During the warranty period, the vehicle developed several defects. (Complaint ¶ 8.) Defendant BMW of North America (“BMW”) has failed to repair the vehicle to conform it with its warranty. (Complaint ¶ 9.) PROCEDURAL HISTORY Carter filed the Complaint on August 15, 2017, alleging six causes of action: 1....

Excerpt: ...iff Wells Fargo Bank, N.A. (“Wells Fargo”) granted a business line of credit to Lexor Enterprises, Inc. (“Lexor”), which Lexor agreed to repay. (Complaint ¶ 9.) Defendant Garen Mangassarian (“Mangassarian”) agreed in writing to guaranty repayment on the line of credit. (Complaint ¶ 17.) Lexor has defaulted and owes Wells Fargo $98,289.72. (Complaint ¶ 14.) Mangassarian has not repayed this obligation. (Complaint ¶ 19.) PROCEDURAL ...

Excerpt: ...btors Sharona Yehuda, Keshet Inter Vivos Trust, and Yoram Yehuda's Motion to Stay Enforcement of Judgment is GRANTED, pending resolution of Case No. BC685560 or offset of the remaining judgment is attained. . FACTUAL BACKGROUND The Second Amended Complaint (“SAC”) alleges as follows. Defendant RS West Hollywood, LLC (“RSWH”) was formed under an Original Operating Agreement dated November 17, 2004. (SAC ¶ 21.) Plaintiff Sharon Yehuda (“...

Excerpt: ... Yu and Andrew Leung (“Plaintiffs”) in 2003 were told by Defendant David Wan (“Wan”) that he was an investor in an LLC that owned certain commercial real property that was being developed. (FAC ¶ 11.) Wan offered to let Plaintiffs buy in to his share of the LLC. (FAC ¶ 11.) Wan did not disclose that his interest was actually the interest of a trust of which he was trustee, and that this trust did not own an interest in the real property...

Excerpt: ... M.D.'s Motion for Summary Judgment or Adjudication is DENIED. Defendants Cedars-Sinai Medical Center and Sara Churchill, M.D.'s Motion for Summary Judgment or Adjudication is DENIED. FACTUAL BACKGROUND This is an action for medical negligence and loss of consortium. The Complaint alleges as follows. In February 2015, Defendant Michael Tahery, M.D. (“Tahery”) performed a cesarean section on Plaintiff Rebecca Derohanian (“Derohanian”) at D...

Excerpt: ...point Discovery Referee is GRANTED FACTUAL BACKGROUND This is an action for bad faith breach of contract and legal malpractice. The Complaint alleges as follows. Plaintiffs Core Health & Fitness, LL, Core Fitness, LLC, and Core Industries, LLC (collectively “Core”) entered into a liability policy with Defendant National Union Fire Insurance Company of Pittsburgh, PA (“Union”) on or before August 1, 2013. (Complaint ¶ 8.) On January 10, 2...

Excerpt: ...d Cante (“Cante”) purchased a used 2014 Chevrolet Equinox from Defendant Meena's Corp (“Meena”) on November 19, 2016. (Complaint ¶ 8.) Meena represented that the vehicle was in good condition when in fact it had suffered severe frame damage prior to sale and within 30 days after sale developed severe drivetrain problems. (Complaint ¶¶ 9–12.) PROCEDURAL HISTORY Cante filed the original Complaint on April 13, 2017, alleging five causes...

Excerpt: ...ompel Further Deposition Responses to Questions Posed to Third-Party Alan Carnegie is GRANTED, as to Question No. 7 and as to the document demands such that Carnegie must declare that he made a reasonable inquiry into whether any responsive documents exist in his possession or control, and otherwise DENIED, provided that non-parties Carl Jensen and Peachtree Financial Corporation continue to claim the privilege. If Carl and Peachtree waive the pr...

Excerpt: ... as Pro Per Defendant and Cross-Complainant is CONTINUED, pending the resolution of Kharrazi's Application to be Appointed Guardian ad Litem for Chaffee. FACTUAL BACKGROUND Plaintiff 1709 Westgate Limited (“Westgate”) is the owner of an apartment building located at 1709 Westgate Avenue in Los Angeles. The building's manager is plaintiff The Marwin Company (“Marwin”), the management company is plaintiff Moss Management Services, Inc. (“...

Excerpt: ...Estate, LLC's Demurrer to the Cross-Complaint is SUSTAINED with leave to amend as to the First and Fourth Causes of Action and OVERRULED as to the Second and Third Causes of Action. Cross-Defendants' Motion to Strike Portions of the Cross-Complaint is GRANTED as to the prayer for punitive damages with leave to amend. FACTUAL BACKGROUND This is a legal malpractice case. The Complaint alleges as follows. Before August 30, 2016, Plaintiffs David Kha...

Excerpt: ...position, Production of Documents, and Authorization for Veterans Affairs Records is GRANTED. The motion for sanctions is conditionally DENIED as set forth below. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows. Plaintifs William and Sharon Munson are tenants at property owned by Defendants John Stewart Company and Markie Hayes (“Defendants”). (FAC ¶ ...

Excerpt: ...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 Palagashvili r...

Excerpt: ...equests for Production, Set One, is GRANTED as to Requests No. 32, 33, 38, 39, <00030018001c000f000300 0019001b00b1001a0015[, and 83. Ford must also produce a code-compliant verification. No sanctions are awarded. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Jesse Jimenez (“Jimenez”) on July 19, 2013, purchased a a new 2013 Ford C-Max Hybrid. (Complaint ¶¶ 5–6.) This purchase included an expre...

Excerpt: ...aud. The Complaint alleges as follows. Plaintiff Boris Gregory Grigoryan (“Grigoryan”) on August 1, 2016, entered into a contract with Defendant Hyrecar, Inc. (“Hyrecar”), through Defendants Joe Furnari (“Furnari”) and Abhi Arora (“Arora”) whereby Defendants agreed to carefully screen and background-check all drivers they provided to Grigoryan, to provide insurance for all losses associated with the drivers, and to pay for such lo...

Excerpt: ...Interrogatories, Set One, from Defendant Michael Booth is GRANTED as to Form Interrogatories No. 2.1–2.8, <0003002500520052005700 00560003004600520058>nsel in the amount of $3600 .payable within 30 days. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Bighorn Ventures, LLC (“Bighorn”) and Defendant Lacern Performance Golf Cars, Inc. (“Lacern”) e...

Excerpt: ...Defendant Southern California Recovery, LLC's Motion to Strike Portions of First Amended Complaint is GRANTED with leave to amend as to Paragraph 3 (Doe defendants), and otherwise DENIED. FACTUAL BACKGROUND This is an action for disability discrimination and wage-and-hour violations. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jorge F. Vazquez (“Vazquez”) was paid an hourly wage to work for Defendant Southern Califor...

Excerpt: ...pecial Interrogatories, Set One, is GRANTED as to Interrogatories No. 1, 17, 18, <000f00030019001b00b100 001b001b00b1001c0013[. Ford must also provide a code- compliant verification. The supplemental responses and verification are due within 30 days. The Court awards sanctions against Ford and its counsel in the amount of $3,337.50 payable within 30 days. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff J...

Excerpt: ...ctive relief concerning violations of the Educational Employment Relations Act (EERA). The Complaint alleges that Defendants, Alliance College-Ready Public Charter Schools and a number of individual schools within Alliance's network committed several violations of the EERA by obstructing the organization efforts of Real Party in Interest United Teachers Los Angeles (UTLA). (Complaint ¶¶ 8–35.) The allegations in the Complaint are the subject ...

Excerpt: ...D This is an action for fraudulent transfer. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs 10415 Commerce, LLC and Arman Yegiyants (“Plaintiffs”) hold certain claims against Defendant Hratchia Bardakjian (“Bardakjian”) in excess of $1 million. (FAC ¶¶ 13–14.) Bardakjian had an interest in certain real property, which he transferred to Defendant Koko Polosajian (“Polosajian”) for no or nominal consideration...

Excerpt: ...teldorfs”) allege that they purchased a home from Defendant Marc Shevin, with the assistance of Defendants Catherine Fields and Valerie Punwar, for $2.9 million. (FAC ¶¶ 27, 45.) Plaintiffs in purchasing the property relied on several misrepresentations of Defendants about the available parking outside the residence, whether remodeling had been done without permits, certain amenities of the property, and its overall value. (FAC ¶ 51.) Plaint...

Excerpt: ...iff Migran Sldryan's Motion to Compel Further Responses to Requests for Production of Documents, Set One, from Defendants Prime Capital Group, Inc., Alvina hakhbazyan, KB Holdings & Investments, LLC, and Greg Mkrchyan is DENIED. Sanctions are awarded against Plaintiff and his counsel in the amount of $2115, payable within 30 days.. FACTUAL BACKGROUND This is an action for fraud and conversion. The Complaint alleges as follows. Plaintiff Migran Sl...

Excerpt: ...ff Core Health & Fitness, LLC's Motion to Compel Defendant National Union Fire Insurance Company of Pittsburgh, PA to Provide Further Responses to Requests for Production, Set Four, is GRANTED in part. Union is to inquire with the United States Court for the Southern District of Texas to see if it, as a party to the Powell proceedings, it may obtain copies of the sealed materials from the relevant case manager. If that inquiry reveals that no spe...

Excerpt: ...cial Interrogatories, Set One, from Defendant Michael Booth is GRANTED. Sanctions are awarded against Booth and his counsel in the amount of $1000, payable within 30 days. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Bighorn Ventures, LLC (“Bighorn”) and Defendant Lacern Performance Golf Cars, Inc. (“Lacern”) executed security agreement in Marc...

Excerpt: ...ANDREW A. BROOKS, M.D., DAVID CHI, M.D., GLENN COHEN, M.D., AND MARK FARNUM, M.D.'S DEMURRER TO THE SECOND AMENDED COMPLAINT CROSS-COMPLAINANT SYMBIONARC MANAGEMENT SERVICES, INC.'S MOTION FOR SUMMARY JUDGMENT Defendants Specialty Surgery 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., ...

Excerpt: ...Interrogatories, Set One, is GRANTED as to Interrogatories No. 1.1., 12.1, 15.1, and 17.1. Ford must also provide a code-compliant verification. The Court awards sanctions against Ford and its counsel in the amount of $2612, payable within 30 days.. FACTUAL BACKGROUND This is a lemon law action. The Complaint alleges as follows. Plaintiff Jesse Jimenez (“Jimenez”) on July 19, 2013, purchased a a new 2013 Ford C-Max Hybrid. (Complaint ¶¶ 5�...

Excerpt: ...laint is DENIED. FACTUAL BACKGROUND This is an action for legal malpractice. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Pompeyo H. Silva (“Silva”) retained Defendants Law Offices of Robert Scott Shtofman and Robert Scott Shtofman (“Shtofman”) to represent him to prosecute a personal injury action related to a trucking accident. (FAC ¶¶ 7–8.) Defendants misrepresented their qualifications to Silva (FAC ¶ 27A...

Excerpt: ... Inc.'s Demurrer to the Cross-Complaint of General Barricade, LLC and Community Redevelopment Association, LLC, is SUSTAINED with leave to amend as to the First, Third, Fifth, Sixth, and Eighth Causes of Action alleged by Community Redevelopment Association dba Liberty Media Group, and OVERRULED as to all other claims. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Sunset Hills Car Wash, I...

Excerpt: ...ne, from Defendant Gary Gitnick is GRANTED as to Form Interrogatories No. 12.1, 15.1, and 17.1, and DENIED as to Special Interrogatory No. 2. No sanctions are awarded. FACTUAL BACKGROUND This is a creditor's suit to enforce a judgment. The Complaint alleges as follows. Plaintiff Martin Cohen (“Cohen”) was named as a defendant in another action initiated in 2012. (Complaint ¶¶ 18–19.) Also named as defendants in this action were Defendants...

Excerpt: ...n, Set One, is GRANTED as to Requests No. 7, 26, and 27, subject to whatever protective order the parties stipulate to within 15 days of this order, or to any such order entered by the court pursuant to a noticed motion. The Motion is DENIED as to all other requests. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Luis Quirarte (“Quirarte”) purchased a 2008 GMC Acadia on September 25, 2010. (First Amen...

Excerpt: ... Action, and DENIED as to all other causes of action. Proceedings in this court on the remaining causes of action are STAYED per Code of Civil Procedure § 1281.4. FACTUAL BACKGROUND This is an action for Labor Code violations and breach of contract. The Complaint alleges as follows. Plaintiff Michael Rashti (“Rashti”) was employed as a Pharmasist (then Pharmacist-in- Charge) by Defendants Parallax Health Sciences, Inc. (“Parallax”) and R...

Excerpt: ...uests for Production, Set One, from Defendant Michael Booth is GRANTED. Sanctions are awarded against Booth and his counsel in the amount of $3600 payable within 30 days.. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Bighorn Ventures, LLC (“Bighorn”) and Defendant Lacern Performance Golf Cars, Inc. (“Lacern”) executed security agreement in Marc...

Excerpt: ...f00 0003003000520057004c>on to Compel Responses to Form Interrogatories, Set One, from Plaintiffs Joseph and Karri Leigh Mastrangelo will be DENIED if answer to the form interrogatories are filed before the hearing on this motion. Otherwise the motion will be GRANTED. The Court awards sanctions to Defendant in the amount of $695. FACTUAL BACKGROUND This is an action for bad faith breach of an insurance contract. The Complaint alleges as follows. ...

Excerpt: ...f Action without leave to amend. FACTUAL BACKGROUND This is an action for partition and declaratory relief. The Complaint alleges as follows. Plaintiffs <000b00b30033004f004400 000c00030052005a0051[ a one-half interest in real property on 24th Street in Los Angeles. (Complaint ¶¶ 12, 18.) In 2006, Defendant Martha Corrales (“Corrales”), the other one-half owner of the property obtained a line of credit from Defendant Bank of America, N.A. (...

Excerpt: ...employment discrimination. The Complaint alleges as follows. Plaintiff Maria Nieto (“Nieto”) worked for Defendant Del Mar Park, LLC (“Del Mar”) from February 3, 2017 through January 9, 2018. (Complaint ¶ 7.) Nieto's supervisor, Defendant Jessie Alvarez (“Alvarez”) repeatedly touched Nieto without her consent and propositioned her for sex. (Complaint ¶¶ 3, 8–14.) Nieto complained about Alvarez's harassment in December 2017 but tha...

Excerpt: ...ACKGROUND This is an action for fraud and defamation related to control over a business. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dan Yoon (“Yoon”) and Defendant John Y.K. <0018001300080003005200 00520046004e00030052>f KS Aviation, Inc. (“KS”), a flight school. (FAC ¶ 14, 16.) Dan repeatedly lent KS money for its various business ventures, exceeding $1 million. (FAC ¶ 23.) <0003002d00440051005800 00110003000...