Excerpt: ...Court declines to impose monetary sanctions or any other sanctions. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs William and Sharon Munson are tenants at property owned by Defendants John Stewart Company and Markie Hayes (“Defendants”). (FAC ¶ 9.) Plaintiffs have been exposed to vermin, plumbing problems, and inadequate security and loc...

Excerpt: ...RADLEY GIBSON'S SPECIAL MOTION TO STRIKE UNDER CCP SECTION 425.16 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 1970s and 1980s and is “an award nominated actress best known for playing Kitty Sullivan in the multi— award-winning period television drama “The Sullivans.” Ms. Hannaford is also described as being of e...

Excerpt: ...emurrer to the First Amended Complaint is OVERRULED as to the Fifth and Ninth Causes of Action. Defendants' Motion to Strike is DENIED. FACTUAL BACKGROUND This is a landlord-tenant habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Alberto Alvarez and Eva Alvarez (the “Alvarezes”) were prior lessees/residents of apartment building owned by Defendants Vinod K. Singhal (“V. Singhal”), Rajeshwari Sing...

Excerpt: ...oup, Inc.'s Requests for Admission, Set One have been served prior to the hearing on this Motion, the Motion will be DENIED. If verified 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 CAG in the amount of $1972.50. FACTUAL BACKGROUND This is a Proposition 65 action. The Complaint alleges as follows. Plaintiff Consumer ...

Excerpt: ... Defendant H&G Sewing, Inc. is DENIED. The Court awards of sanctions in the amount of $750 against defendant and defendant's counsel. FACTUAL BACKGROUND This is an action for wage-and-hour violations. The Complaint alleges as follows. Plaintiff Veronica Efigenio (“Efigenio”) was hired by Defendant H&G Sewing (“H&G”) on May 29, 2016. (Compl. ¶ 13.) Plaintiff alleges various wage and hour violations that took place during her employment. (...

Excerpt: ... for violations of the Labor Code under the Private Attorney General Act (“PAGA”). The Complaint alleges as follows. Defendant Handy Technologies, Inc. (“Handy”), is an on-demand cleaning and home improvement service company that allows customers to book appointments on the Handy app and then Handy sends a uniformed workers to complete the service. (Compl. ¶ 11.) Handy sets the price per cleaning service and pays works on an hourly basis...

Excerpt: ... Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteenth, Twentieth, Twenty-First, Twenty-Second, Twenty-Third, Twenty Fourth Affirmative, and Twenty-Fifth Affirmatives Defenses is SUSTAINED with leave to amend; and, to the First Affirmative Defense is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is landlord-tenant habitability action. The Complaint alleges as follows. Plaintiffs Jacquilin...

Excerpt: ...ation is DENIED as to the Fourth and Fifth Causes of Action and as to the claim for punitive damages. FACTUAL BACKGROUND This is a habitability case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dori Zuckerman Mentzer (“Zuckerman”) resided at the real property controlled by Defendants Errol Reichow and The Reichow Family Trust (collectively, “Reichow”). (FAC ¶¶ 9-10.) In October 2010, Reichow discovered a leak i...

Excerpt: ...he First Amended Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for open book account money due. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Nova Sonic Inc. (“Nova”) is corporation to whom Defendants Prestige Electronic Imports Inc. (“Prestige”) and Habib Ghalchi (“Ghalchi”) became indebted in an amount of $94,330.85 since November 16, 2017. (FAC ¶ 7.) PROCEDURAL HISTORY Nova filed the Complain...

Excerpt: ...ohnson's Demurrer to the First Amended Complaint is SUSTAINED with leave to amend as to the Second, Third, Fourth, and Sixth Causes of Action, and OVERRULED as to the Eleventh Cause of Action. Defendants' Motion to Strike is GRANTED as to the references to “Johnson” in paragraph 10, and DENIED as to the remainder. FACTUAL BACKGROUND This is an action for employment discrimination and retaliation. The First Amended Complaint (“FAC”) allege...

Excerpt: ...and Professions Code Section 17200, et. seq., a statute commonly referred to as the unfair competition law (“UCL”). Laurelwood Cleaners, LLC (“Laurelwood”) is a merchant who has signed an agreement under which it accepts payment for its services through an American Express card. Laurelwood claims that the conditions imposed by American Express on merchants that accept the American Express card require Laurelwood and them to pay American E...

Excerpt: ...AL DEFENDANT 1605-25 W. OLY, LLC' MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 17709.02(B) NOMINAL DEFENDANT CURACAO, LTD.'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 15910.06 NOMINAL DEFENDANT DIR INTERNATIONAL CORPORATION'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 800(C Nominal Defendants 1605-25 W. Oly LLC, DIR International Corporation, and Curacao Ltd.'s Motions t...

Excerpt: ... DENIED as to both Avid and Tami Kochlani. FACTUAL 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. (“TN...

Excerpt: ...ICATION DEFENDANT BENJAMIN R. SPINNER'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION Defendants D/AQ Corporation d/b/a Daum Commercial Real Estate Services & James Huy Vu a.k.a. James Vu's Motion for Summary Judgment is GRANTED. Defendant Benjamin R. Spinner's Motion for summary Judgment is GRANTED. FACTUAL BACKGROUND This is unlicensed commercial cannabis activity action. The First Amended Complaint (“FAC”) alleges ...

Excerpt: ...sions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify within ten (10) days of this order. Cross-Defendants' Motion to Disqualify Sklar Kirsh, LLP is DENIED conditioned on Sklar Kirsh dismissing Regency Sponsor as a cross defendant on the Cross Complaint.. The Court declines to order sanctions. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follo...

Excerpt: ...ess Records Subpoena is GRANTED. Gypsum Rose, LLC is ordered to serve compliant responses/production within 15 days of this order. Sanctions are awarded against Gypsum Rose, LLC and its principal Andrew Bowen in the amount of $4,125.00. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs Ramona 3721 LLC (“Ramona”), Mountain 3721 LLC (“Mountain”), and Indian Hill 3721 LLC (“Indian Hil...

Excerpt: ...mended Cross-Complaint is OVERRULED as to the First, Second, Fifth, and Sixth Causes of Action; and SUSTAINED with leave to amend as to the Third, Fourth, and Seventh Causes of Action. Plaintiff/Cross-Defendant Formosa Fabric Inc.'s Motion to Strike Portions of the First Amended Cross-Complaint is DENIED. FACTUAL BACKGROUND The Complaint alleges as follows. Plaintiff Formosa Fabric Inc. (“Formosa”) entered into business transactions with Defe...

Excerpt: ... Thomas Maxim's Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Telicia Powell (“Powell”) was a tenant at property owned by Defendants Sababa Properties, Inc. (“Sababa”), Ashley Saba (“Ashley”), and Justin Saba (“Justin”). (Compl. ¶¶ 1-4.) On February 13, 2020, Justin filed an unlawful detainer action (Case No. 20CMUD00282) (the “Related Case�...

Excerpt: ...on is GRANTED as to the First through Twelfth and Fourteenth through Sixteenth Causes of Action. The Thirteenth Cause of Action (Violation of Bus. & Prof. Code § 17200, et seq.) is stayed pending the resolution of arbitration. FACTUAL BACKGROUND This is an action for employment harassment and discrimination. The Complaint alleges as follows. Plaintiff Leola Johnson (“Johnson”) began working for Defendant First to Serve, Inc. (“FTS”) in J...

Excerpt: ...s' Motion for Reconsideration is DENIED. Defendant John Bachsian's Motion to Tax Costs is DENIED. Moving Defendants' Motion for Attorneys' Fees is CONTINUED until March3,2021. Plaintiff Hudson's Motion to Tax Costs is similarly CONTINUED. Moving Defendants to file supplemental documentation exclusively as to attorneys' fees specific to Bachsian in connection with the November 8, 2018 hearing by February 3, 2021. Plaintiff to file Opposition by Fe...

Excerpt: ...ird, Fifth and Sixth Causes of Action; and DENIED as to the Fourth Cause of Action. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Medardo Torres purchased, on November 2, 2008, a 2009 Dodge Journey with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including the interior lights becoming inoperable, fault code U773, a blown fuse, failed visor l...

Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. 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 (“...

Excerpt: ...nation. The Complaint alleges as follows. Plaintiffs Cathia Espinoza (“Espinoza”) and Jacqueline Valdovinos (“Valdovinos”) employed by Defendant Golden Hippo (“Hippo”) until wrongfully terminated on January 31, 2019 and February 28, 2019, respectively. (Compl. ¶¶ 1-3.) Plaintiffs allege a work culture where women are subjected to harassment and discrimination based on sex and gender, as well as sexual harassment (Compl. ¶¶ 17- 19....

Excerpt: ... This is a lemon law action. The Complaint alleges as follows: Plaintiff Thomas Jung (“Jung”) leased a new 2017 BMW 340i vehicle in December 2016, with an express written warranty from Defendants Finchey Corporation of California dba Pacific BMW (“Pacific”) and BMW of North America, LLC (“BMW”). (Compl. ¶¶ 6-8.) During the warranty period, the vehicle developed various defects, which caused Jung to bring the vehicle for repairs eigh...

Excerpt: ... BACKGROUND This is a wage & hour and employment discrimination action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Sheryl Tompkins (“Tompkins”) was a 61- year-old female hostess at a bar/restaurant owned by Defendants S.M. Inc. and Stephen Mayer (“Mayer”) called Prince O'Whales. (FAC ¶¶ 13-14.) Defendants discriminated against Tompkins due to her age/gender and violated various wage/hour Labor Code sections. (...

Excerpt: ... Strike is DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Dennis Luna (“Luna”) was deeded real property the (the “Property”) from his mother in 2016. (FAC ¶ 1.) To resolve disputes with Luna's sisters regarding the Property, Luna hired attorney Laurence Clark (“Clark”). (FAC ¶ 1.) Clark's paralegal, Defendant Diana Gayton (“Diana”), propo...

Excerpt: ...int is DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various products and machines as a Machinist that caused him to be exposed to toxins, fibrogens, or carcinogens during the course of his employment. (SAC ¶ 30.) The exposure to these substances caused toxic injury to Decedent, ultimately leading to his death. (SAC ¶...

Excerpt: ...endant Langer are GRANTED. Plaintiff People of the State of California's Motion for Summary Adjudication of the Fourth Cause of Action as to Defendant Bumerts is DENIED. FACTUAL BACKGROUND This is an action for violations of unfair competition law and false advertising law. The Complaint alleges as follows. Plaintiff is the People of the State of California, by and through the Attorney General of California. Plaintiff alleges that the Defendants ...

Excerpt: ...mended Complaint (“FAC”) alleges as follows. Plaintiff Sherri Box (“Box”) and Defendant Richard Dorfman (“Dorfman”) were married in 2004 and divorced in 2008. (FAC ¶ 6.) The parties reconciled after the divorce and have been living together on and off since 2008. (FAC ¶ 7.) Plaintiff James Box (“James”) is Box's son who was born in 2000 and suffers from autism spectrum disorder and schizophrenia. (FAC ¶ 8.) Box alleges that aft...

Excerpt: ...breach of an insurance contract and violation of the duty of good faith and fair dealing. The Complaint alleges as follows. On May 9, 2017 Plaintiff Lions Gate Entertainment Inc. (“Lions Gate”) purchased Insurance Policy No. MPT 0720 0611 from Defendant Fireman's Fund Insurance Company (“Fireman's Fund”) to obtain insurance in connection with its film Robin Hood. The US Policy had a policy period from October 8, 2016 to October 8, 2018. (...

Excerpt: ...Defendants are ordered to file non-redacted versions of the Motion to Disqualify, Declaration of Alan Nissel, and filed Exhibits in support the Motion to Disqualify on or before January 14, 2021. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Rita Hollywood Skyline, LLC (“Hollywood Skyline”) entered into a Limited Liability Company Agreement of Rita Regency Sponsor, LLC (“Regency Spo...

Excerpt: ...FAC”) alleges as follows. Plaintiffs Su Yang (“Yang”), Boo Ik Hwang (“Hwang”), Yoo Joo Cha (“Cha”), Chien Chung (“Chung”), Young Sik Sin (“Sin”), Tae Hyung Yun (“Yun”), Yoo Do Sang (“Sang”), Richard Keaton (“Keaton”), Hushan Fang (“Fang”), Dae Won Chae (“Chae”), and Suk Won Lee (“Lee,” and collectively “Plaintiffs”) resided at the same property (the “Property”) and were tenants of Defendants J...

Excerpt: ...ULED. FACTUAL BACKGROUND The original Complaint, the First Amended Complaint, and the Second Amended Complaint allege an action for wrongful foreclosure. The Third Amended Complaint alleges an action for adverse possession. The Second Amended Complaint (“SAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho” or “Plaintiff”) took out a loan on real property that he owned with Defendant Option One Mortgage Corporati...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...AGNO'S MOTION FOR ATTORNEY'S FEES Defendants' Demurrer to the First Amended Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendant Ringgold's Motion to Quash is GRANTED as to the service of process on Ringgold in her capacity as Trustee. Melaragno's Motion for Attorney's Fees is DENIED. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follow...

Excerpt: ...If Kleeger provides proof that code-compliant Responses to the RFAs without objection have been served prior to the hearing, the motion will be DENIED. If code-compliant responses are not served by the date of the hearing, the Court will GRANT the Motion to Deem Admitted the RFAs Nos. 2, 6-8, 12, 13, 15, 16, 19-25, and 27-32 as to Kleeger. If the Motion is granted, the Court will award sanctions to Sabejon in the amount of $1635.00. FACTUAL BACKG...

Excerpt: ... Strike is GRANTED in part. The Court strikes the prayer for attorneys' fee and paragraph 37. The Court DENIES the remainder. FACTUAL BACKGROUND This is a breach of warranty of habitability action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Chong Seo Yun (“Yun”) rented a residential unit from Defendant Chris Jeong (“Jeong”), the owner of the dwelling, beginning on December 21, 2007. (FAC ¶¶ 3, 8.) From 2016 th...

Excerpt: ...GROUND This is an action for 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 parti...

Excerpt: ...t, Inc.'s Motion for Summary Adjudication as to the Second, Third, and Seventh Causes of Action and the claim for punitive damages in the 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 t...

Excerpt: ... COMPANY, et al.; Defendants. Case No.: 20STCV07861 (lead case) Related Case: 20STCV09333 Hearing Date: December 8, 2020 [TENTATIVE] RULING RE: DEFENDANT AMERICAN SURETY COMPANY'S DEMURRER TO THE COMPLAINT AND MOTION TO STROKE FACTUAL BACKGROUND This is subrogation matter. The Complaint alleges as follows. On June 28, 1988, Defendant Grace Kuhr (“Kuhr”) purchased the subject property for $171,000 and recorded a grant deed. (Compl. ¶ 7.) To p...

Excerpt: ...C's Motion to Change Venue to Orange County, California is GRANTED. Plaintiffs to pay any transfer expenses and fees. FACTUAL BACKGROUND This is an action for violations of the Corporations Code. The First Amended Complaint (“FAC”) alleges as follows. Plaintiffs Christopher Yuhas (“Yuhas”) and OC Discount Nutrition, LLC (“OC Discount,” collectively with Yuhas, the “Plaintiffs”) purchased an unregistered franchise from Defendant Di...

Excerpt: ...auses of Action; and OVERRULED as to the First through Fifth, and Ninth Cause of Action. The Motion to Strike is DENIED as to paragraphs 33, 44, and the Prayer for Punitive Damages; and DENIED as MOOT as to paragraphs 51, 52, 58, and 59. FACTUAL BACKGROUND This is an action for breach of the warranty of habitability. The Complaint alleges as follows. Plaintiffs Katina Rodriguez (“Rodriguez”), Noel Theodore, a minor, and Katiana Ramos, a minor...

Excerpt: ...tion for civil penalties and injunctive relief to enforce Health & Safety Code § 25249.5 et seq. Plaintiff APS&EE, LLC, the public interest (“APS&EE”) and Defendant is Shapiro Metal Supply Company (“Shapiro”). (Compl. ¶ 1.) APS&EE alleges that Shapiro manufactures, distributes, and sells brass bars that contain hazardous levels of lead, which is prohibited under Proposition 65 to be distributed/exposed to persons in California without a...

Excerpt: ...xth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is DENIED as MOOT. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiff Albert Addis (“Addis”) purchased, on February 9, 2012, a 2012 Kia Sportage with an express warranty. (Compl. ¶¶ 9-10.) During the warranty period, the vehicle developed various defects including restricted oil flow in the engine; engine noises, broken air box,...

Excerpt: ...oss-Complaint is SUSTAINED with leave to amend as to the Second, Fifth, Seventh, and Eighth Causes of Action; and OVERRULED as to the First Cause of Action. Plaintiff and Cross-Defendant Xiaoxing Zhang's Motion to Strike is GRANTED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint allege as follows. Plaintiff Xiaoxing Zhang (“Zhang”) negotiated with Defendant Zhe Zhang (“Zhe”) regarding renovations to the Subject...

Excerpt: ...ttorneys' Fees is GRANTED in the amount of $106,720. 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 (Parcels B and C)'s recorded property...

Excerpt: ...on. 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 expr...

Excerpt: ... Jeff Wiseman and Solimar Management LLC is GRANTED. The Court reduces the attorneys fee award by $12,576, for a total award of $68,677. 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 (“...

Excerpt: ...ive Damages Allegations from the Complaint is DENIED. FACTUAL BACKGROUND This is an action for malicious prosecution. The Complaint alleges as follows. On March 25, 2016, the defendants brought a civil against in Plaintiff Cyrus Chady (“Chady”), P&P Precious Metals, Inc. v. Cyrus Chady, Case No. BC614912 (the “Underlying Case”). (Compl. ¶ 14.) The Underlying Action alleged the Chady purchased from Defendants Pedram Shamekh (“Shamekh”...

Excerpt: ...IL PROCEDURE SECTION 425.16 DEFENDANTS JAURIGUE LAW GROUP AND RYAN STUBBE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT DEFENDANT MICHAEL JAURIGUE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT Defendants Jaurigue Law Group and Ryan Stubbe's Special Motion to Strike the Complaint is GRANTED.. Defendant Michael Jaurigue's Special Motion to Strike the...