Excerpt: ...ice and to file proof of service within five court days after the date of this order. FACTUAL BACKGROUND This is an action for negligence, breach of warranty of habitability, and breach of the covenant of quiet enjoyment. Plaintiffs allege that they were tenants of a property located at 19610 Sherman Way, Apt 20, Reseda, CA 91335 owned by Defendant Koteswar Silla. The property had defects, including defective plumbing, deteriorating walls and flo...

Excerpt: ...ntiff Daniel Corona (“Plaintiff”) was born on May 12, 2012, with profound mental and physical disabilities. He is dependent on others for his daily care, including feeding, dressing, toileting, hygiene, and mobility. It is highly unlikely that he will experience meaningful improvement. Through his mother and guardian ad litem, Rebecca Gutierrez (“Gutierrez”), Plaintiff filed a wrongful life suit against his mother's prenatal health care p...

Excerpt: ...ause of action for elder abuse, they now seek attorneys' fees and costs, per Welfare and Institutions Code section 15657.5(a). Defendants oppose the motion, which is granted. BACKGROUND On or about September 8, 2006, Kivork Dakarmenjian and Elizabette Dakarmenjian, the original plaintiffs in this action, established a revocable living trust, referred to as the Kivork Dakarmenjian and Elizabette Dakarmenjian Living Trust, Dated September 8, 2006 (...

Excerpt: ...led this wage and hours action on behalf of themselves, other current and former aggrieved employees, and the State of California, per the Labor Code Private Attorney General Act of 2004, against their alleged employers: The California Rehabilitation Institute, LLC; Select Employment Services, Inc.; Select Medical Corporation; CRI ES, Inc.; and Alex Jawaharjian. Now, Defendant Alex Jawaharjian (“Defendant”) moves for summary judgment, arguing...

Excerpt: ...Financial Corporation. Plaintiffs allege that they are the true owners of real property located at 1852 South Crenshaw Boulevard in Los Angeles, California (the “1852 Property”). Plaintiffs allege that the 1852 Property was transferred as part of a transaction to purchase another property, located at 1836 South Crenshaw Boulevard in Los Angeles, California (the “1836 South Crenshaw Property”), without their consent. Now, Defendant moves t...

Excerpt: ...ounsel Knight Law Group is awarded attorney fees in the total amount of $19,443.75. Plaintiff is to give notice. MOTION: Plaintiff's Motion for Attorney's Fees for Counsel Hackler, Daghighian, Martino & Novak, P.C. MOVING PARTY: Plaintiff Fatu Olomanu RESPONDING PARTY: Defendant, FCA US, LLC OPPOSITION: None as of January 28, 2021 REPLY: No opposition filed. TENTATIVE: Plaintiff's motion is granted in part. Plaintiff's counsel HDMN is awarded $14...

Excerpt: ...e under Code of Civil Procedure sections 36(a) and 36(e). Defendants oppose the motion, which is granted pursuant to section 36(a). PLAINTIFF'S ALLEGATIONS Plaintiff was born on December 7, 1930. (Complaint, ¶ 19.) On November 6, 2018, when she was 87 years old, Plaintiff was admitted as a resident to Defendant's residential care facility for the elderly. (Ibid.) At the time, Plaintiff suffered from a series of physical and cognitive impairments...

Excerpt: ... causes of action and move to strike the prayer for punitive damages and related allegations, which Plaintiff opposes. The demurrer is sustained, and the motion to strike is granted. PLAINTIFF'S ALLEGATIONS Plaintiff rented Defendants' house through Airbnb and stayed at the property on the night of March 2 and left on March 3, 2019. (Plaintiff's Complaint, ¶ 14.) The home was infested with bedbugs. (Id., ¶ 29.) As a result, Plaintiff suffered p...

Excerpt: ...auses of action, which Plaintiff opposes. The demurrer is sustained in part and overruled in part. PLAINTIFF'S ALLEGATIONS Plaintiff, a 54-year old male, was hired by Defendants on or about May 30, 2005 as a “machinist grinder” and later became a “cell lead.” (First Amended Complaint, ¶ 10.) “[P]laintiff made protected complaints of illegal activity or otherwise opposed illegal conduct, and also was a witness and potential witness to p...

Excerpt: ...ction: (1) Invasion of medical privacy in violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (2) Workplace discrimination; (3) Workplace harassment; (4) Unpaid overtime; and (5) Violations of Business and Professions Code sections 17200, et seq. Among other things, Plaintiff seeks punitive damages and disgorgement of profits. Now, LBMMC and Dana Crompton (collectively, “Defendants”) demur to the third ...

Excerpt: ...reaks, and (3) The eighth cause of action for failure to provide rest breaks. Now, Defendant demurs to each of these causes of action, which Plaintiff opposes. The demurrer is sustained with leave to amend with respect to the sixth cause of action. The demurrer is sustained without leave to amend with respect to the seventh and eighth causes of action. II. PLAINTIFF'S ALLEGATIONS In or around February 2017, Plaintiff was hired by Defendant as a t...

Excerpt: ... the reduced total amount of $436.65. Background Plaintiff Normandie Community Worship Center, formerly known as Normandie Community Temple Church of God in Christ (“Plaintiff”), has a fee title ownership interest in the real properly located at 1300-1310 Exposition Boulevard, Los Angeles, CA (“Property”). In March 1998, Plaintiff purchased the Property from Defendant Antoinette Brooks (“Defendant”). Plaintiff partly financed the purc...

Excerpt: ...s employed by Defendants Puffy Delivery, Inc. (“Puffy”) and Stone Services, Inc. (“Stone”) (collectively, “Defendants”). Defendants operate an online ordering platform and delivery service for cannabis products. Plaintiff held the position of Social Media Manager for Defendants. She performed well. Despite her performance, Defendants engaged in discriminatory and harassing conduct towards Plaintiff, who is an African American woman. D...

Excerpt: ...ly: Timely filed and served by e-mail on December 31, 2020 Courts Tentative Ruling The court GRANTS the motion in-part and LIFTS the discovery stay to allow limited discovery regarding Defendant IMEG's investigation into Plaintiff's conduct regarding WIP and the issue of malice. The court ALLOWS Plaintiff to conduct limited discovery and ORDERS Defendants to: 1) Produce any preliminary or final reports and conclusions regarding Defendant IMEG Cor...

Excerpt: ...ES the motion in its entirety. Counsel for Plaintiff to give notice. Background This case arises in connection with Plaintiff Yajaira Terriquez's (hereinafter “Terriquez” or “Plaintiff”) employment with Defendant Kazi Foods, Inc. (hereinafter “Kazi” or “Defendant”). Plaintiff alleges she was hired by Kazi as a cashier on or about August 21, 2015. (Compl. ¶ 14.) On or about November 20, 2015, Plaintiff allegedly discovered that sh...

Excerpt: ...0. Courts Tentative Ruling The court OVERRULES the demurrer. Defendants are to file their Answer within 10 days of this ruling. Plaintiff is instructed to give notice. Background Plaintiff The McGrew Group, LLC (hereinafter “McGrew,” “Plaintiff,” or the “Buyer”) alleges it executed a California Residential Purchase Agreement and Joint Escrow Instructions (hereinafter the “Purchase Agreement”) on or about April 23, 2019, whereby Pl...

Excerpt: ...um, with the interest rate rising to 16% upon a default. Compl. ¶ 8. The Note was secured by a Security Agreement (the “Agreement”), in which Now pledged all personal intellectual property and the proceeds therefrom as security for the performance of the Note. Compl. ¶ 9. A Uniform Commercial Code (“UCC”) Financing Statement containing the description of the collateral was recorded with the Delaware Department of State on June 3, 2017, ...

Excerpt: ...Plaintiff Ernest Sosa allegedly had various personal issues involving dependency, insolvency, and creditor concerns as well as cognitive and mental health concerns that prevented him from providing properly for his personal needs concerning financial matters, health, food, clothing, or shelter. Second Am. Compl. (“SAC”) ¶ 3. Plaintiff Ernest Sosa alleges his son, Defendant Dylan Sosa, made representations to Plaintiff and Plaintiff's sister,...

Excerpt: ... Cal. App. 4th 835, 842 (1999). The court DENIES the parties' requests for monetary sanctions. Defendants are instructed to give notice. Background Plaintiffs Furong Ye (“Ye”) and Rihua Li (“Li”) (collectively “Plaintiffs”) allege Defendant Guozhong Chen (“Chen”) presented Plaintiffs with an opportunity to acquire stock in a Chinese corporation known as Beijing TOEIC (“TOEIC”) that was owned by Chen. First Am. Compl. (“FAC�...

Excerpt: ...see of the Subject Property, conditioned upon Plaintiff's reimbursement of Defendant CHCADA for any filing fees CHCADA may incur in connection with any demurrers and motions for judgment on the pleading, summary judgment, or summary adjudication CHCADA may choose to bring as to this new cause of action. The court DENIES CHCADA's Motion for Summary Judgment on its Second Amended Cross Complaint. Defendant CHCADA is instructed to give notice. Backg...

Excerpt: ...), before the events in question. Compl. ¶¶ 1, 8. On April 14, 2019, Plaintiff was allegedly sitting in a Coffee Bean store, waiting for her mother to arrive so they could order items together, when a store employee named “Ryan” allegedly approached Plaintiff and rudely instructed her to place an order or to leave. Id. ¶¶ 9-10. Ryan allegedly stated he “needed the space for paying customers,” even though there were at least three empt...

Excerpt: ...Individual Plaintiffs' request for attorney's fees with 20 days' leave to amend. The motions are otherwise DENIED. Defendants to give notice. Background Plaintiff Mafys US, Inc. (“Mafys”) alleges Defendants Alex Assouline (“Assouline”) and Laurent Charbonnier (“Charbonnier”) (collectively “Defendants”) misappropriated trade secrets during their employment with Mafys, including confidential information relating to the concept and p...

Excerpt: ... reviewed the moving papers and finds Respondent's responses to DFIs 1-2, 6-7, 9- 14, and 17-19, to be deficient. The court ORDERS Respondent to provide complete, verified, code-compliant, objection-free supplemental responses to Petitioner's DFIs 1-2, 6-7, 9-14, and 17-19, and all responsive documents by January 5, 2021. Petitioner has additionally demonstrated Respondent failed to produce documents in compliance with her responses to DFIs 15 an...

Excerpt: ...ns 830, 830.8, 835, 835.2, 840, and 840.2, with 20 days' leave to amend; (2) STRIKES the reference to Government Code section 815.4 with leave to amend to be discussed at the hearing; and (3) STRIKES the references to the Vehicle Code without leave to amend. The request to strike the second cause of action is MOOT, and the motion is otherwise DENIED. Defendant the LACMTA is instructed to give notice. Background Plaintiff Paul Ramaglia (“Ramagli...

Excerpt: ...rom Defendant Dennis Stilleto & Associates, d/b/a Glendora Chrysler Dodge Jeep Ram (“Glendora,” erroneously sued as “Glendora Chrysler Dodge Jeep Ram FCA US LLC”). First Am. Compl. (“FAC”) ¶¶ 5, 7. The Subject Vehicle was allegedly manufactured and/or distributed by Defendant FCA US, LLC (“FCA”). FAC ¶ 7. Plaintiffs allege they received an express written warranty in connection with the purchase, including a 3-year/36,000- mile...

Excerpt: ..., and served the notice by mail on November 9, 2018. Defendants appealed the judgment arguing the trial court erred in that it (1) wrongly interpreted the contracts between the parties, (2) found personal liability on the part of Defendants Cox. Jr. and Cox III, and (3) lacked substantial evidence to support the award of judgment. The Court of Appeal issued a Remittitur on July 15, 2020, affirming the judgment of the trial court and stating Defen...

Excerpt: ...ured and/or distributed by Defendant Nissan North America, Inc. (“Nissan” or “Defendant”). Compl. ¶ 14. Plaintiff alleges she received an express written warranty in connection with the purchase, including a 3-year/36,000-mile basic warranty and a 5-year/60,000-mile powertrain warranty that covered the engine, transmission and transaxle, drivetrain, and restraint system. Compl. ¶ 8. According to Plaintiff, the Subject Vehicle contained ...

Excerpt: ...ions is DENIED for failure to request sanctions in the notice of the motion. Defendant J&R Fleet is instructed to give notice. Background This case arises from allegations that defendant Bulk Transportation negligently owned, operated, designed, or maintained Plaintiff Eduardo Barba's (“Barba” or “Plaintiff”) truck (the “truck”) in such a manner so as to cause injury to Plaintiff while he was working for Bulk Transportation. Compl. ¶...

Excerpt: ...m (“Glendora”). First Am. Compl. (“FAC”) ¶¶ 5, 7. The Subject Vehicle was allegedly manufactured and/or distributed by Defendant FCA US, LLC (“FCA”). FAC ¶ 7. Plaintiffs allege they received an express written warranty in connection with the purchase, including a 3-year/36,000-mile bumper-to-bumper warranty and a 5-year/100,000-mile powertrain warranty that covered the engine and transmission. FAC ¶ 8. According to Plaintiffs, the...

Excerpt: ...afolla Vega (“Vega”) and minor Plaintiffs Javier Manuel Ruiz (“Javier Ruiz”), Valerie Reina Ruiz (“Valerie Ruiz”), and Angelina Aileen Ruiz (“Angelina Ruiz”) (collectively “Plaintiffs”) allege they are now or have previously been tenants of the Subject Property. Compl. ¶ 2. Defendant Wilmington Arms Housing, LP (“Wilmington” or “Defendant”) is allegedly the owner and manager of the Subject Property. Compl. ¶ 1. Accor...

Excerpt: ...Trade Company, Ltd. (“Owen” or “Plaintiff”) alleges that defendants Dura Bell Ceramics, Inc. (“Dura Bell”) and Verona Quartz, Inc. (“Verona”) (collectively “Defendants”) breached the terms of a written contract, by which they jointly agreed to purchase a total of 27 containers of artificial slab from Plaintiff for $1,044,072.96. Compl. 1st COA ¶ BC-1. Defendants have allegedly only paid $360,000, leaving a balance of $684,072...

Excerpt: ...parties to comply with all statutory requirements and court rules. The Complaint includes an exhibit that contains the sensitive information of Plaintiff Church of Scientology Western United States, including its unredacted financial account numbers. See Compl. Ex. A. Pursuant to California Rules of Court, rule 1.201(a)(2), such information must be redacted or excluded to protect personal privacy and other legitimate interests. Plaintiffs are ins...

Excerpt: ...r. The court STRIKES the proposed Fourth Amended Complaint on its own motion. See Code Civ. Proc. § 436(b). Defendant is instructed to give notice. Background This case arises in connection with Plaintiff Avery Schwartz, M.D.'s (“Schwartz” or “Plaintiff”) employment with Defendant Dignity Health, d/b/a St. Mary Medical Center (“Dignity Health” or “Defendant”). Plaintiff alleges he entered into a Resident Employment Agreement with...

Excerpt: ... train operated by Defendant Los Angeles County Metropolitan Transportation Authority (the “LACMTA”) when it was involved in a motor vehicle collision with a fire truck operated by Defendant the City of Los Angeles (the “City,” erroneously sued and served as “Los Angeles Fire Department”). Defendant William Mark Harris (“Harris”) was allegedly the driver of the fire truck, and Defendant Lamont Hopes (“Hopes”) was allegedly the...

Excerpt: ... resolved through good faith meet and confer efforts, the parties are to contact the court to schedule an Informal Discovery Conference (“IDC”) prior to rescheduling the hearing on the subject motions. The parties are ORDERED to file a succinct joint statement 7 days prior to any scheduled IDC describing the propounded discovery and its relevance, the reasons for any objections, and the overall state of discovery. The court DENIES Plaintiff's...

Excerpt: ...Ford”). First Am. Compl. (“FAC”) ¶ 7. Defendant Ford Motor Company (“Ford”) manufactured and/or distributed the Subject Vehicle. Id. Plaintiff alleges he received an express written warranty in connection with the purchase, in which Ford undertook to preserve or maintain the utility or performance of the Subject Vehicle or to provide compensation if there is a failure in utility or performance of the “engine and engine components aga...

Excerpt: ...ate rising to 16% upon a default. Compl. ¶ 8. The Note was secured by a Security Agreement (the “Agreement”), in which Now pledged all personal intellectual property and the proceeds therefrom as security for the performance of the Note. Compl. ¶ 9. A Uniform Commercial Code (“UCC”) Financing Statement containing the description of the collateral was recorded with the Delaware Department of State on June 3, 2017, as Instrument number 20...

Excerpt: .... As with Defendants' original responses, the supplemental responses state Defendants cannot respond to the interrogatories at this time, pursuant to the privacy rights of juvenile dependents under Welfare and Institutions Code section 827. Id. Accordingly, Defendant's supplemental responses do not resolve the parties' dispute or the issue before the court. Defendants contend they cannot provide responses because the Juvenile Court has only autho...

Excerpt: ...urt OVERRULES Defendant W.W. Grainger, Inc.'s demurrer to the FAC and GRANTS the motion to strike the reference to “other products to be determined during discovery.” The court OVERRULES Defendant Imperial Supplies, LLC's demurrer to the FAC in its entirety. The court SUSTAINS Defendant Welding Material Sales, Inc.'s (“WMS”) demurrer to Plaintiff Alex Johnson's claims as Decedent's successor in interest against defendant WMS, as these cla...

Excerpt: ... with plaintiff Ragaie Gobran's (“Gobran” or “Plaintiff”) employment with Key Aud, LLC (“Key Aud” or “Defendant,” erroneously sued as “Keyaud, LLC” and doing business as “Keyes Audi”). Plaintiff was hired by Key Aud as a finance manager on or about April 17, 2019. Compl. ¶ 14. On or about September 16, 2019, Plaintiff was informed by his medical provider that he was suffering from a progressive form of cancer and was plac...

Excerpt: ...ictor Hernandez (“Hernandez”) was Plaintiff's direct supervisor. Compl. ¶ 23. Defendant Patricia Pollard (“Pollard”) worked for HPCC's Human Resources department. Compl. ¶ 26. Defendants HPCC, Hernandez, and Pollard will collectively be referred to as “Defendants.” Plaintiff alleges she is African-American and was employed as a food server for Defendant HPCC. Compl. ¶¶ 22, 78-79. According to Plaintiff, Defendant Hernandez treated...

Excerpt: ...r production of documents by November 20, 2020, along with all responsive documents. The court AWARDS Defendant $450 in monetary sanctions payable within 30 days of the court's ruling. Defendant to give notice. Background This employment action arises in connection with Plaintiff Michael Najarian's (“Najarian” or “Plaintiff”) employment as a pharmacist for Defendant AIDS HealthCare Foundation (“AHF” or “Defendant”). Plaintiff alle...

Excerpt: ... or “Plaintiff”) alleges she obtained a loan from America's Wholesale Lenders on or about January 18, 2006, in the amount of $284,000.00 (the “Loan”), which was allegedly secured by a deed of trust (the “DOT”) on the real property at 44809 Benald Street, Lancaster, CA 93535 (the “Subject Property”). First Am. Compl. (“FAC”) ¶ 1. American Wholesale Lenders allegedly transferred the DOT through Defendant Mortgage Electronic Reg...

Excerpt: ...efendant De La Peña and his attorney, Todd & Associates, jointly and severally. Background This action arises in connection with a written Merchant Processing Application and Personal Guaranty (the “Agreement”) that Defendant Marcio Oliverio De La Peña, d/b/a Fifo's Body Fender (“De La Peña” or “Defendant”), allegedly entered into with Plaintiff Wells Fargo Merchant Services, LLC (“Wells Fargo” or “Plaintiff”) on or about J...

Excerpt: ...g date. The court also ORDERS the parties to meet and confer to determine if they can limit the scope of items in dispute based on the court's guidance herein. In their supplemental papers, Plaintiffs are to identify with specificity the items in the billing records that were incurred on issues common to their elder abuse claim against Sara Dakarmen, in her capacity as personal representative of Troud's estate. They may present this evidence thro...

Excerpt: ...fy which plaintiff(s) are bringing which claims against Park. See Cal. R. Ct. 2.112. The motion to strike is MOOT. Defendant to give notice. Background This action arises in connection with plaintiff Lourdes Garcia's (“Garcia”) sale of plaintiff Sweet Grace Home Health, LLC (“SGHH”) to defendant Jae S. Park (“Park” or “Defendant”) and a share purchase agreement Park allegedly entered into with plaintiff Marlon Mallari (“Mallari�...

Excerpt: ...fendants Tyler Bates (“Bates”) and Tyler Bates Music, Inc. (“TBM”) (collectively “Defendants”). In the Complaint, Plaintiffs allege they agreed to compose portions of the musical score for the motion picture Guardians of the Galaxy Vol. 2 (the “Film”). According to Plaintiffs, Defendants have refused and failed to share credit and give Plaintiffs their full agreed-upon portion of the royalties. Plaintiffs filed the Complaint on Oc...

Excerpt: ... Defendant NIW USA, Inc. (“NIW”), which is allegedly an unlicensed law firm that employs attorneys and non- attorneys to provide legal services related to immigration to foreign nationals and immigrants who are present in the United States. First Am. Compl. (“FAC”) ¶¶ 8-9. Defendant Samuel Jinkyoo Kang (“Kang”) was allegedly the proprietor, principal, and CEO of NIW. Id. NIW and Kang will collectively be referred to as “Defendants...

Excerpt: ...covery Conference (“IDC”) and file a succinct joint statement at least 7 days before the IDC detailing their meet and confer efforts, the discovery produced to date, the remaining items in dispute, and the need for and opposition to the discovery. Plaintiff to give notice. Background This action arises in connection with plaintiff Monica Trail's (“Trail” or “Plaintiff”) alleged lease of a 2018 Audi Q5 (“the Subject Vehicle”) from ...

Excerpt: ...der to Deposit Bond Funds with Court, for Exoneration and Dismissal of Western Surety Company, and for an Award of Attorney's Fees and Costs, AWARD Plaintiff's reasonable attorney's fees and costs of $6,290, and ORDER Plaintiff Western Surety Company discharged from this action upon deposit of the remaining Bond funds of $43,710. If the court grants the order, the deposit is to be made within 30 days of this order and the funds will be held pendi...

Excerpt: ...Inc. (“Drive” or “Plaintiff”). Defendant Pelletier allegedly began working for Drive as a Service Advisor on or about January 29, 2008. Compl. ¶ 21. As part of his employment, Plaintiff allegedly signed and executed non-disclosure Agreements (the “NDAs”) in 2008, 2017, and 2019, agreeing to keep all of Plaintiff's proprietary information in the strictest of confidences and not to use such information for his own benefit. Compl. ¶¶ ...

Excerpt: ... case arises in connection with Plaintiffs Sangjoon Jay Lee and Joongwha June Lee, as trustees of the Sangjoon and Joonghwa Lee Living Trust Dated April 24, 2008 (collectively “Plaintiffs” or the “Lees”)'s ownership of the real property located at 1209 Turquesa Lane, Pacific Palisades, CA (the “Subject Property”). Plaintiffs allegedly entered into a partially oral and written contract with Defendant Samara Engineering, Inc. (“SEI”...

Excerpt: ...ay in Plaintiff's medical examination and whether he or she will merely administer the tests and collect data at Dr. Djalilian's direction or whether he or she will engage in any analysis of the results or otherwise diagnose Plaintiff's physical condition and act as an independent examiner. The parties are to submit a joint statement by October 30, 2020, regarding their meet and confer efforts and any disputes that remain. All meet and confer ses...

Excerpt: ...tive information of Plaintiff including his full, unredacted social security number. See TAC Ex. A, at 7; Goldman Decl. Ex. 8, Ex. A at 7. Pursuant to California Rules of Court, rule 1.201(a)(1), such information must be redacted or excluded to protect personal privacy and other legitimate interests. The parties are instructed to withdraw these documents and to submit new versions that properly redact all sensitive information. Plaintiff to give ...

Excerpt: ... Guaranty, by which he guaranteed payment on the Agreement. Compl. ¶ 6, Ex. B. Pursuant to the terms of the Agreement, Churrascaria was allegedly required to make daily retrieval payments in the sum of $921.00, commencing March 27, 2018 and continuing until the entire repayment amount of $174,000 was paid in full. Compl. ¶ 8. Churrascaria allegedly failed to make the required payment on or about May 2, 2018 and defaulted. Compl. ¶ 9. According...

Excerpt: ... quash the subpoena to Open Bank. MOTION TO QUASH OPEN BANK SUBPOENA Defendants Jun Chow, Piper Er, and Lili Chen (“Defendants”) move for an order quashing Plaintiffs Shu Wu Chueh and Gloria Hsu's (“Plaintiffs”) subpoenas to Open Bank. The parties jointly invested in Caesar Global Alliance, Inc. (“Caesar Global”) for the purpose of buying and managing a car wash business. In 2019, Open Bank refinanced loans to Caesar Global. In obtain...

Excerpt: ...ect tenants and visitors from the danger posed by falling pieces of façade and accommodate Plaintiff while the repairs are being done. The Court continued the hearing again as the parties were engaging in settlement discussions. On September 18, 2020, the parties filed their joint statement. Plaintiff states that Defendants should hire a professional to conduct an evaluation of the building, install a sidewalk cover to prevent injury, give Plain...

Excerpt: ... request for monetary sanctions. Plaintiff to give notice. Background Plaintiff Lakeshore Investment LLC (“Lakeshore”) alleges Defendant Now Solutions Inc. (“Now”) executed a Promissory Note (the “Note”) on January 9, 2013 in favor of Plaintiff in the amount of $1,759,150.00 at 11% interest per annum, with the interest rate rising to 16% upon a default. Compl. ¶ 8. The Note was allegedly secured by a Security Agreement (the “Agreem...

Excerpt: ...notice. Background This case arises in connection with Defendants Downtown LA Law Group, LLP (“DTLA”), Farid Yaghoubtil (“Yaghoubtil”), Daniel Azizi (“Azizi”), and Salar Hendizadeh's (“Henzidadeh”) (collectively “Defendants”) alleged representation of Plaintiffs Sean O'Brien (“O'Brien”) and Ted Ragains (“Ragains”) (collectively “Plaintiffs”), in connection with a potential personal injury lawsuit against Uber Techn...

Excerpt: ...nc. (“Happy Gifts” or “HGI”). Happy Gifts is an online retailer doing business as Earfleek.com. Compl. ¶ 12. Happy Gifts was allegedly founded by defendants Sean Rimokh and Avi Zolty (“Zolty”), and its officers and directors allegedly included Sean Rimokh, Zolty, Jack Rimokh, Joe Combs (“Combs”), and the Rimokh Family Trust (the “Trust”). Id. at ¶ 13. Defendants Sean Rimokh, Zolty, Joe Combs, Jack Rimokh, and the Trust will ...

Excerpt: ...Peak”), Hongshi International USA Company (“Hongshi International”), Kaihou Liang (“Liang”), Yong Bai (“Bai”), and Chunshi Li (“Chunshi Li”) (collectively “Plaintiffs”) allege that Defendants AA Sunrise Inc. (“AA Sunrise”), Ji Li (“Ji Li”), and Holly Xiong (“Xiong”) (collectively “Defendants”) wrongfully assumed and exercised ostensible authority and actual power over Yorba's business and financial affairs, a...

Excerpt: ...alleges he leased a new 2017 Cadillac ATS (“the Subject Vehicle”) on or about February 1, 2018 from Defendant General Motors LLC (“GM” or “Defendant”). According to Plaintiff, the vehicle was delivered to him with serious defects and nonconformities to warranty and developed other defects and nonconformities in areas relating to the air intake sensor and check engine light. In the Complaint, Plaintiff alleges two causes of action for ...

Excerpt: ...arcia” or “Plaintiff”) alleges he entered into a residential purchase agreement (the “RSA”) as the buyer, on or around February 7, 2017, with nonparty Melvin Silas, as successor trustee of the Kathy Melvin Family Trust (“the Seller”), as the seller, for the purchase of the real property located at 729 W. 123rd St., Los Angeles, CA 90044 (“the Subject Property”). First Am. Compl. (“FAC”) ¶ 14. Defendants Inland Empire Real E...

Excerpt: ...¶ 2-3, 19. According to Plaintiff, Defendant improperly implemented a plan to wrongfully increase its business profits at the expense of residents by staffing Glen Park with an insufficient number of care personnel and by not providing sufficient training for its staff. Compl. ¶¶ 10- 11. Plaintiff alleges she was likely the victim of rape and that she suffered other injuries due to the understaffing, including acute primary and secondary syphi...

Excerpt: ...et and confer letter, as well as information on when those complaints or repair requests were made. The parties are further ORDERED to meet and confer regarding the documents that would be necessary to apprise Plaintiffs of the number of repurchase requests Ford received and granted for vehicles of the same year, make, and model based on the same defects at issue in Plaintiffs' claims, as well as when the requests were made. In meeting and confer...

Excerpt: ... Toyota”) (collectively “Defendants”), on or about February 23, 2017. First Amended Complaint (“FAC”) ¶ 9. Plaintiff alleges he has been unable to obtain hydrogen fuel for the vehicle from Defendant TMS or its affiliates and that this constitutes a defect or nonconformity to warranty. FAC ¶¶ 10, 19. Plaintiff filed the initial Complaint on January 25, 2019, alleging six causes of action for: (1) violation of the Song-Beverly Consumer...

Excerpt: ...imely filed and served by electronic mail on April 7, 2020 OPPOSITION: Timely filed and served by electronic mail on June 9, 2020 REPLY: Timely filed and served by electronic mail on June 18, 2020 [Tentative] Ruling: The court GRANTS Defendants White Arrow, LLC and White Arrow, Inc.'s motion for summary adjudication as to Plaintiff's demand for punitive damages. The motion is otherwise DENIED. Defendants to give notice. NB: Plaintiff lodged copie...

Excerpt: ...cles of the same year, make, and model as the Subject Vehicle, and (3) Defendant's policies and practices in California. Plaintiff is ordered to give notice. Background Plaintiff Shane Reichow (“Reichow” or “Plaintiff”) alleges he purchased a used 2015 Chevrolet Corvette (the “Subject Vehicle”) on or about January 14, 2017, which was manufactured and distributed by Defendant General Motors LLC (“GM” or “Defendant”). Compl. ¶�...

Excerpt: ...rs LLC (hereinafter “GM” or “Defendant”). Id. In connection with the purchase, Plaintiffs claim they received an express written warranty that included a 3-year/36,000-mile express bumper-to-bumper warranty, a 5-year/60,000- mile powertrain warranty, and a 10-year/120,000-mile extended coverage plan which covered the engine. Compl. ¶ 7. According to Plaintiffs, the Subject Vehicle contained or developed defects during the warranty period...

Excerpt: ...ely the “Programs”) of the David Geffen School of Medicine at the University of California, Los Angeles Health System (“UCLA”). Compl. ¶ 6. Plaintiff entered into a one-year contract with UCLA, beginning in June 2017, which was to renew each year of the Programs. Compl. ¶¶ 6, 9. Defendant the Regents of the University of California (“Defendant” or “the Regents”) govern the University of California, including UCLA. Compl. ¶ 7. ...

Excerpt: ...a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594...

Excerpt: ...e) and Rihua Li (hereinafter Li) (collectively Plaintiffs) allege that defendant Guozhong Chen (hereinafter Chen) presented Plaintiffs with an opportunity to acquire stock in a Chinese corporation known as Beijing TOEIC (hereinafter TOEIC) that was owned by Chen. (First Am. Compl. (FAC) ¶ 9.) Defendant Chen allegedly represented that the Company was very healthy financially and that it was taking steps to be listed on a recognized Chinese stock ...

Excerpt: ... property located at 5134 Gaynor Avenue, Encino, CA 91436 (the Gaynor Property). Plaintiff Lorena Alvarado (hereinafter Alvarado or Plaintiff) alleges that she entered into a written Agent Open House Agreement (the Open House Agreement) with defendant Adi Livyatan (hereinafter Livyatan) regarding certain real property located at 4952 Noeline Avenue in Encino, California (the Noeline Property), which was allegedly listed by Livyatan through defend...

Excerpt: ...g specific search terms and a limited group of individual document custodians who are reasonably likely to have discoverable information. This list of individuals should be narrowly tailored to individuals who would be likely to have discussed the alleged defect and FCA's response to the alleged defect. If a search of those custodians reveals correspondence with other individuals who are likely to have discoverable information, then Plaintiff is ...

Excerpt: ...bello Unified School District (hereinafter the District or Defendant) to perform certain public contract work on the project, commonly described as the “Districtwide Network Cable Project” (the Project). (Compl. ¶ 5, Ex. A.) According to Plaintiff Telenet, it has performed its scope of work, without limitation, at 7 schools. (Compl. ¶ 6.) Plaintiff allegedly submitted pay application no. 10 to Defendant on or about February 25, 2019, in the...

Excerpt: ...e demurrer is otherwise OVERRULED. The court GRANTS the motion to strike with 20 days leave to amend. Background This case arises in connection with Plaintiff Lisa Jackert (hereinafter Jackert or Plaintiff)'s alleged employment with defendant Long Beach Medical Center (hereinafter LBMC) and entities that Plaintiff names as: “Memorial Care Hospital,” “Community Hospital of Long Beach,” “Community Medical Center Long Beach,” “Memorial...

Excerpt: ...itrator. The court STAYS this action pending the completion of the arbitration. The court DENIES Cross-Defendants' requests to dismiss the third and fourth causes of action of the Cross-Complaint and for sanctions. Background Plaintiff Benison Corp (hereinafter Benison) alleges that it entered into verbal and written agreements with DB Coworking Holdings Corp. (hereinafter DBCH) to provide project management and consulting services in March 2018....

Excerpt: ...st defendant Villavicencio. Counsel for defendant Villavicencio to give notice. Background This case arises in connection with plaintiff Oliver Rodriguez (hereinafter Rodriguez or Plaintiff)'s alleged employment with defendant Alliance for College-Ready Public Schools (hereinafter Alliance) as a Director-Compliance and Governance. (Compl. ¶ 9.) Defendant Ena LaVan (hereinafter LaVan) was allegedly a bi-racial Black female, Vice-President of Comp...

Excerpt: ...mplete, verified, substantive, objection-free responses to Plaintiff's form interrogatories, special interrogatories, and requests for production by August 14, 2020, along with all responsive documents. The court DEEMS Plaintiff's requests for admissions admitted. The court GRANTS the request for monetary sanctions in the amount of $2,640 against Defendant 11906 San Vicente, LLC and its counsel of record. Monetary sanctions are due and payable by...

Excerpt: ...section 2698, et seq. the Private Attorneys General Act (the PAGA) on behalf of himself and similarly situated aggrieved non-exempt employees (the Aggrieved Employees) who currently work or formerly worked for Defendant Millercoors LLC (hereinafter Millercoors or Defendant), during the period from at least one year prior to November 20, 2018 through the present (the Liability Period). (Compl. ¶ 1.) Cardiel alleges that Defendant has had a consis...

Excerpt: ...5249.5 et seq. (Proposition 65). The Act authorizes private enforcement actions to enjoin conduct violating the Act's provisions. Plaintiff APS&EE, LLC (APS) brings this representative action to enforce the People's right to be informed of the presence of lead that is allegedly present in Ace Hardware Deck Screws sold by Defendant Ace Hardware Corporation (Ace). (Compl. ¶ 1.) Plaintiff alleges that Defendant has manufactured, distributed, sold, ...

Excerpt: ...ondent Interinsurance Exchange of the Automobile Club (the Exchange). Petitioner had allegedly been involved in a prior automobile accident on February 9, 2016, which resulted in a lawsuit that did not settle until approximately July 2018. Respondent the Exchange allegedly requested medical records and billing on February 6, March 1, March 29, June 20, and August 14, 2018. Petitioner allegedly demanded tender of policy limits and provided medical...

Excerpt: ...Vehicle) on or about June 3, 2018. (Compl. ¶¶ 5, 7.) Defendant Tesla, Inc. (Tesla) allegedly manufactured and/or distributed the Subject Vehicle. (Compl. ¶ 5.) The Subject Vehicle was allegedly accompanied by an express written warranty whereby Tesla allegedly warranted to perform any repairs or replacement of parts necessary to ensure that the Subject Vehicle and the components therein were free from all defects in material and workmanship, a...

Excerpt: ...ction with Plaintiff Tricia Desmarais (“Desmarais”)'s residence with the property located at 356 4th Avenue, Venice, CA 90291 (the “Subject Property”). Defendant 4th Avenue Associates LLC (“4th Avenue”) was allegedly the owner, manager, landlord, and property inspector of the Subject Property during the relevant times; Defendant Coastline Real Estate Advisors, Inc. (“Coastline”) allegedly managed the Subject Property during the re...

Excerpt: ...l. ¶ 2.) Decedent's truck (the Subject Vehicle) allegedly veered across opposing traffic and slammed into an irrigation canal, resulting in Decedent's death. (Ibid.) As alleged in the Complaint, Plaintiff Lorena Nava Estacuy (Lorena Estacuy) was Decedent's spouse at the time of his death; and Plaintiffs Johana Denisse Estacuy (Johana Estacuy) and Julio Francisco Estacuy Reyes (Julio Reyes) were Francisco's natural-born children. Defendant Jack B...

Excerpt: ... (“Telnet”), as the prime contractor, on a public works construction contract awarded by Defendant the Montebello Unified School District (“Montebello”) with respect to five different schools. Defendant The Ohio Casualty Company (“Ohio Casualty”) allegedly is engaged in the business of providing public works payment and performance bonds in the State of California. Plaintiff allegedly performed work under the subcontract until about M...

Excerpt: ...ection with Plaintiff Tricia Desmarais (“Desmarais”)'s residence with the property located at 356 4th Avenue, Venice, CA 90291 (the “Subject Property”). Defendant 4th Avenue Associates LLC (“4th Avenue”) was allegedly the owner, manager, landlord, and property inspector of the Subject Property during the relevant times; Defendant Coastline Real Estate Advisors, Inc. (“Coastline”) allegedly managed the Subject Property during the r...

Excerpt: ...from certain identified accounts that he claims are his own accounts. (Declaration of Dennis Neil Jones (“Jones Decl.”) Exs. 1-2.) The subpoena called for the production of records on August 1, 2019. (Id., Ex. 1.) Google served its objections on August 14, 2019. (Id., Ex. 3.) Defendant Hankey now moves to compel compliance with the subpoena. Google opposes the motion. The “central precept” of the Discovery Act is that discovery “be esse...

Excerpt: ...tiffs Sean O'Brien and Ted Ragains with respect to an underlying personal injury claim that was settled before litigation. Plaintiffs allege that Defendants engaged in professional negligence and breached their fiduciary duties to Plaintiffs during the course of the earlier representation, and Plaintiffs additionally assert claims for conversion, fraud, and intentional infliction of emotional distress. Plaintiffs allege they entered into a settle...

Excerpt: ...hth through thirteenth causes of action. Counsel for Defendant Moskalenko to give notice. Background As alleged in the First Amended Complaint (“FAC”), this is a RICO action that arises out of Defendants Tamara Dadyan (“Dadyan”); Secureline Realty and Funding, Inc. (“Secureline”); Ara Haritunian (“Haritunian”); Rose Avakian (aka Rosa Avakian, aka Roza Avakian, dba Escrow Doc aka Escrow Doc Co.; “Avakian”); Arthur Abrahamov (ak...

Excerpt: ...se of action. Background This case arises in connection with the real property located at 43338 Stancliff Avenue, Lancaster, CA 93535 (the “Subject Property”). Plaintiff alleges that he executed a deed of trust with Defendant Countrywide Home Loans, Inc. (“Countrywide,” erroneously sued as “Countrywide Home Loans Inc., a subsidiary of Bank of America, N.A.”) for the amount of $413,350.00. Defendant Bank of America, National Associatio...

Excerpt: ...be amended to state a cause of action. The demurrer to the third cause of action is OVERRULED. The motion to strike is GRANTED, with 20 days' leave to amend. Meet and Confer Before filing a demurrer, the demurring party is required to meet and confer in person or telephonically with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that woul...

Excerpt: ...ly sued as DDP Delivery Services.) Plaintiff alleges that he began working for Defendant in or about 2012. According to Plaintiff, Defendant engaged in unlawful and illegal misconduct, including the falsification of safety protocol documents, misrepresentations to state and federal agencies concerning care and quality control, unsafe transportation of hazardous materials, fraudulent concealment of wage and hour violations, misclassification of wo...

Excerpt: ... from Defendant Volkswagen Group of America, Inc. (“Volkswagen”) on August 25, 2012. (Compl. ¶¶ 6, 23.) Plaintiff alleges that the Subject Vehicle was accompanied by express manufacturer's warranties including a new vehicle limited warranty that includes “virtually bumper to bumper coverage for 3 years or 36,000, whichever occurs first” and a powertrain limited warranty for “5 years or 60,000 miles whichever occurs first,” which cov...

Excerpt: ...r (“Shadpour”)[1], individually and dba Wealth Road Realty (“Wealth Road”) on a month-to- month basis under a written lease. Plaintiffs allege that they were required to deposit a security in the amount of $20,000.00 for Plaintiffs' performance of all lease conditions, with the deposit to be returned to Plaintiffs on the expiration of the lease term. According to Plaintiff, their month-to-month tenancy ended on January 31, 2018. Defendant...

Excerpt: ...truction of offices in a commercial building located at 612-616 S. Kenmore Ave., Los Angeles, CA 90005 (the “Property”). Plaintiff A-Tech Systems, Inc. (“A-Tech”) alleges it entered into a written subcontract with Defendant Cambridge Homes (“Cambridge”) whereby Plaintiff agreed to provide and install fire alarms, CCTV systems, wiring, controls, carbon monoxide sensors, motion/button power supply and phone jacks, as well as ancillary l...

Excerpt: ...l. Background This action arises in connection with an agreement that Defendant Oluremi Daramola (aka Remi Daramola, “Daramola”) individually and doing business as Defendant The Odd Group, LLC (“The Odd Group”) allegedly entered into with Plaintiff Empire Music Ventures, LLC (“Empire Music”). Daramola allegedly represented to Plaintiff that he was the manager for Defendant Jacques Webster (aka Travis Scott, “Scott”) with full auth...

Excerpt: ...erty based on an oral agreement whereby Manuel Patron paid $32,000 of the initial $46,000 down payment for the purchase of the Subject Property while title was to be in the names of Defendants Julio C. Patron (“Julio Patron”) and Teresa Q. Patron (“Teresa Patron”). The parties allegedly purchased the Subject Property on October 31, 1995. According to Plaintiffs, Julio Patron promised that Defendants would hold Plaintiffs' 50% interest in ...

Excerpt: ...ed legal services in connection with the action entitled Christopher Baldwin v. Funk Shui, LLC, et al., Los Angeles Superior Court case no. BC415095 (the “prior action”). According to Plaintiff, Defendants' conduct resulted in the prior action being settled for a grossly inadequate amount, leaving Plaintiff with little or no recovery and indebted to numerous medical providers as a result of medical liens signed by McElfish. In the Complaint, ...

Excerpt: ...imor Florentin; Ron Levi; and Dafna Levi. The Complaint was subsequently amended to name Calasia Construction, Inc. William F. Herron in place of Does 1 and 2, respectively. The Complaint alleges causes of action for (1) negligence, and (2) premises liability. The Complaint alleges that Plaintiff sustained injuries while on the premises of Joe's Auto Parks located at 201 through 215 South Broadway, Los Angeles, California, when Plaintiff fell int...