Excerpt: ...pecifically, the court denies Tennrich's request for attorney's fees. Los Angeles Superior Court Local Rule 3.214 allows for attorneys' fees in an action on contract “[w]hen a promissory note, contract, or statute provides for the recovery of reasonable attorneys' fees.” (LASC Rule 3.214, subd. (a).) Tennrich has not directed this court to any contract or statute that entitles it to attorney's fees. In addition, Tennrich has not provided a de...

Excerpt: ...are awarded sanctions in the amount of $2,887.50. FACTS Plaintiff Hiram W. Kwan, aged 93, is a practicing attorney currently residing in Los Angeles. (Complaint, ¶1). The Complaint alleges as follows. Plaintiff owns his own law practice (Complaint, ¶2) and employed Defendant Lauranda Law Tang (“Tang”) from February 2002 through July 2017. (Complaint, ¶¶3, 10, 18). Plaintiff alleges that Defendant Tang “devised a scheme to embezzle money...

Excerpt: ...chased a 2015 Ford F-150, which included an express warranty. (Complaint ¶ 6.) The vehicle was delivered to Lopez with serious defects, including but not limited to “engine, transmission, engine and electrical defects.” (Complaint ¶ 7.) Lopez delivered the vehicle to an authorized Ford repair facility for repair of the nonconformities, but Ford wrongfully denied warranty coverage, and was unable to conform Lopez's vehicle to the applicable ...

Excerpt: ...grant default judgment on the quiet title cause of action without an evidentiary hearing. Code of Civil Procedure § 764.010 provides as to quiet title actions: The court shall examine into and determine the plaintiff's title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of a...

Excerpt: ...urgery and other medical conditions prior to trial; (2) litigating the issue of whether Sarah Stinson herself notified Pepperdine of Jaime Gladin's alleged harassment; and (3) litigating the issue of Sarah Stinson's medical damages. Defendants should address at the hearing which attorneys' fees are attributable to these issues consistent with this ruling. The court may require the filing of a supplemental declaration identifying the fees and expe...

Excerpt: ...s is a business interference case. The allegations are set forth in more detail in this court's prior rulings. PROCEDURAL BACKGROUND Plaintiff Yu Leseberg, APLC (“Yu”) filed its Complaint on August 14, 2014, alleging four causes of action: 1. Intentional Interference with Contract 2. Negligent Interference with Contract 3. Intentional Interference with Prospective Economic Advantage 4. Negligent Interference with Prospective Economic Advantag...

Excerpt: ...s to Plaintiffs' First Cause of Action for Conversion as it relates to Plaintiff Karey. FACTUAL BACKGROUND This is an action for conversion, infliction of emotional distress, and defamation. The Complaint alleges as follows. Defendant Maria Isabel Briones Quiroz-Vielma (“Vielma”) enlisted the help of a law firm to assist her in a marital dissolution matter. (Complaint ¶ 11.) Plaintiff Bruce Loren Karey (“Karey”) was an attorney at that l...

Excerpt: ...6 is GRANTED as to the Second Cause of Action for Intentional Interference with Prospective Economic Advantage, and DENIED with respect to the First Cause of Action for Defamation. Chow is awarded attorneys' fees in the amount of $780. Plaintiffs' request for attorneys' fees is denied. Defendant's Demurrer is OVERRULED and his Motion to Strike is DENIED. FACTUAL BACKGROUND This is an action for defamation and interference with economic advantage....

Excerpt: ...(“Sun”) alleges that he won a judgment for damages against Defendant Ju Tsun Chang (“Ju Tsun”)[1] on October 20, 2014. (Complaint ¶ 4.) Ju Tsun's sole asset was an item of property in the City of Industry. (Complaint ¶ 3, 7.) The same day the judgment was entered, Ju Tsun executed a grant deed conveying his interest in the property to his sister, Defendant Lin Min Chang (“Lin Min”). (Complaint ¶ 8.) Sun alleges that the purpose of ...

Excerpt: ...(“Sun”) alleges that he won a judgment for damages against Defendant Ju Tsun Chang (“Ju Tsun”)[1] on October 20, 2014. (Complaint ¶ 4.) Ju Tsun's sole asset was an item of property in the City of Industry. (Complaint ¶ 3, 7.) The same day the judgment was entered, Ju Tsun executed a grant deed conveying his interest in the property to his sister, Defendant Lin Min Chang (“Lin Min”). (Complaint ¶ 8.) Sun alleges that the purpose of ...

Excerpt: ...fendant General Motors LLC's Motion to Strike the Prayer for Punitive Damages is GRANTED with leave to amend. 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. (Complaint ¶ 7.) That purchase included an express written warranty. (Complaint ¶ 8.) The Complaint alleges that during the warranty period, the Acadia developed the f...

Excerpt: ...d Staying Action is GRANTED. The court sets a Status re Arbitration Hearing for July 25, 2018, at 8:30 a.m. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff J.Z. Residence Pasadena, LLC (“JZ”) is the owner of certain real property in Pasadena, California. (Complaint ¶ 1.) Primior Inc. (“Primior”) is a general contractor who was to perform certain construction work on the properties ...

Excerpt: ...ment has been executed. FACTUAL BACKGROUND This is an action for wage and hour violations. The Complaint alleges as follows. Plaintiff Filomena Guzman (“Guzman”) was employed by Defendants Health Care Services Group, Inc., Paramount Convalescent Group, Inc., and HCSG West, LLC (collectively “Defendants”) as an hourly employee providing laundry, janitorial and other housekeeping duties and tasks for Defendants and their clients. (Complaint...

Excerpt: ...follows. Plaintiff Linda Rovenger (“Rovenger”) worked for Defendants BLVD Centers, Inc., BLVD Centers Corp., and Convalo Health International, Inc. (“Defendants”) as a Director of Launching Facilities. (Complaint ¶ 1.) Rovenger alleges that she reported various instances of illegal conduct by Defendants, including false representations to government entities and shareholders that Defendants' facilities were licensed as drug rehabilitatio...

Excerpt: ...Amended Complaint (“FAC”) alleges that in November 2013, defendant David Shapero (“Shapero”) advertised that he was in need of a caretaker to personally aid him due to his physical disabilities. (FAC ¶ 5.) Plaintiff Jaiun Jinn Roa Osorio (“Osorio”) accepted the offer. At the time, she was a minor, having been born on December 27, 1995. (FAC ¶¶ 4, 5.) The FAC alleges that on November 27, 2013, while giving Shapero a hand massage, Sh...

Excerpt: ...osed Judgment within ten (10) days of this ruling. FACTUAL BACKGROUND Plaintiff Greta Curtis (“Curtis”) alleges that Defendant Ammec Investments Inc. (“Ammec”) transferred an interest in certain real property to Curtis's company, Sisters-In-Law LLC, to pay off attorney's fees owed to Sisters-In-Law. (Complaint ¶ 10.) Curtis alleges that this did not extinguish the larger debt that Ammec owed. (Complaint ¶ 10.) Curtis alleges that she is...

Excerpt: ...pel Deposition is GRANTED. The deposition of Dr. Brooks shall take place within fourteen days of this order. Jacob Ramirez's counsel is to propose by email to Defendants' counsel Ms. Leineweber within two days of this hearing three available dates for Dr. Brooks to be deposed. Defendants shall then set the deposition on one of the available dates, or propose alternative dates, potentially within a longer time frame. The court also GRANTS Defendan...

Excerpt: ...ations involving the Plaintiffs' asserted right to a permit allowing them to park on the street where they live. Plaintiffs Nathan Johnson, Shari Edwards (“Edwards”), and Edwards-Johnson LLC (“Plaintiffs”) allege that they are homeowners within a gated community in Los Angeles. (First Amended Complaint (“FAC”) ¶ 14.) They allege that Defendants Crest/Promontory Common Area Association (“Crest”) and Stoneyhill Security Association...

Excerpt: ...at it lacks jurisdiction over defendant Scott Cochran for lack of proper service, the court sets an OSC re: Proof of Service of Summons and Complaint for March 5, 2018, at 8:30 a.m. FACTUAL ALLEGATIONS This is an action for breach of contract. Plaintiff Wesco Insurance Company (“Wesco”) alleges that it provided Defendants Scott Cochran dba Ryanco Protective Coatings (“Cochran”) with an workers compensation and employers liability insuranc...

Excerpt: ...SUSTAINED, without leave to amend. FACTUAL BACKGROUND This is a negligence action. Plaintiff Ellen Huang (“Huang”) alleges that she was a member of Defendant Meridian Sports Club, LLC (“Meridian”), a gym facility. (FAC ¶ 6.) Huang worked with personal trainer, Defendant Todd Gaebe (“Gaebe”). (FAC ¶¶ 7–8.) After several back exercises on April 28, 2015 at the Meridian Sports Club, Huang told Gaebe that she had “overdone it.” (...

Excerpt: ...8:30 a.m. The Case Management Conference is continued to the same date. FACTUAL BACKGROUND The Complaint alleges as follows. Plaintiffs Harlan and Sonie Powers (“Plaintiffs”) entered into a contract of adhesion with Defendant Public Storage, Inc. (“Public Storage”) to store property. (Complaint ¶ 18.) Plaintiffs allege that Public Storage charged them illegal late fees overstating their amount owed, illegally denied access to their prope...

Excerpt: ...onfidential Settlement Agreement has been executed. FACTUAL BACKGROUND This is a wage and hour action. Plaintiffs Dario Maldonado, Douglas Alcorn, Kerry Cassel, Brian Chi Fan, Lynn Sharp, Timothy Strom, and Thahir Thoppiyil (“Plaintiffs”) are licensed respiratory therapists who work at the neo-natal in-patient unit at St. John's Health Center. (FAC ¶ 14.) They allege that they are non-exempt employees subject to Industrial Wage Order No. 5. ...

Excerpt: ... counsel inform Plaintiff Michele Nocchi's (“Nocchi”) counsel in writing 30 days before trial whether Marco Bussinello (“Bussinello”) intends to waive the privilege against self-incrimination with respect to questions regarding Bussinello's alleged prior use of cocaine or other drugs. If Bussinello were to decide to waive this privilege, then the court would allow Nocchi at that time to take Bussinello's deposition on this limited issue, ...

Excerpt: ...an action for medical negligence and products liability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Pomarico alleges that he has throat cancer. (FAC ¶ 7.) On November 12, 2015, he was admitted to Defendant Cedars Sinai Medical Center for radiation therapy. (Complaint ¶ 7.) Defendant Dr. Zachary S. Zumsteg performed and supervised the radiation therapy. (Complaint ¶ 7.) User error occurred, in that insufficient r...

Excerpt: ... Strike Complaint Under Code of Civil Procedure § 425.16 is GRANTED. Jackson Tidus's Motion to Strike Complaint for Failure to Comply with Civil Code § 1714.10 is DENIED as moot. FACTUAL BACKGROUND This is a fraud and breach of contract case involving real property. Plaintiff Rogers Media Company (“Rogers”) alleges that it is an outdoor advertising business. (Complaint ¶ 10.) The Complaint alleges further as follows. In 2014, Rogers contac...

Excerpt: ...employment retaliation and discrimination case. The factual background is set forth more fully in prior rulings of this court. PROCEDURAL HISTORY Nocchi filed his complaint on November 30, 2015. Nocchi filed his First Amended Complaint (“FAC”) on April 13, 2016, alleging five causes of action: 1. RETALIATION IN VIOLATION OF GOVERNMENT CODE § 12940(h) & Labor Code 1102.5; 2. WRONGFUL TERMINATION; 3. DEFAMATION; 4. NEGLIGENT INFLICTION OF EMOT...

Excerpt: ...ent of Expert Witness Fees is DENIED. FACTUAL BACKGROUND In this case, Plaintiff Sarah Stinson (“Stinson”) asserted claims against Defendant Pepperdine University (“Pepperdine”) for, inter alia, sexual harassment, disability discrimination, failure to accommodate her disability, failure to engage in the interactive process, and failure to prevent harassment or discrimination. Stinson also asserts the sexual harassment claim against defend...

Excerpt: ...st of 18 tests he listed in Exhibit A to the November 27, 2017 Slipp declaration. 2. The IME shall take no longer than a total of four and a half hours, excluding reasonable breaks and a lunch break. 3. Defendants' counsel is to provide to Ramirez's counsel within seven days of the hearing the versions of all tests Dr. Boone will be administering If during the IME Dr. Boone determines that it is necessary to administer an additional test, counsel...

Excerpt: ...duled to be heard on April 30, 2018, are re-calendared for hearing on the first available hearing date, March 2, 2018, at 8:30 a.m. 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 c...

Excerpt: ...esponse to the additional evidence submitted by Defendants in their Reply Brief. FACTUAL BACKGROUND This is a whistleblower retaliation case. The Complaint alleges as follows. Plaintiff Linda Rovenger (“Rovenger”) worked for Defendants BLVD Centers, Inc., BLVD Centers Corp., and Convalo Health International, Inc. (“Defendants”) as a Director of Launching Facilities. (Complaint ¶ 1.) Rovenger alleges that she reported various instances of...

Excerpt: ...proof as to how he could amend at the hearing. FACTUAL BACKGROUND This is an action for breach of contract. The FAC alleges as follows. On April 27, 2015, Plaintiff Nigel Hudson (“Hudson”) entered into a written construction contract with Defendants John Bachsian and his companies, Defendants Universal Group Inc., and Universal Construction Group, Inc. (hereafter referred to collectively as “Bachsian defendants”), for the installation of ...

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: ...nships between the defendants: Defendant Bob Jakob (“Jakob”) is the father-in- in-law and defendant Limor Notis is the wife of defendant Mordecai Notis (“Notis”). Defendant Frank Menlo (“Menlo”) is alleged to be a business associate of Notis, and defendant Ritz Flooring, Inc. (“Ritz”) is alleged to be a corporation owned by Notis and Limor Notis. (FAC ¶ 3.) The FAC alleges that all defendants were agents of each other. (FAC ¶ 2....

Excerpt: ...' fees and Brandt v. Superior Court fees (Issue 1) and the second cause of action for breach of the covenant of good faith and fair dealing (Issue 2), and GRANTED as to Plaintiffs' punitive damages claim (Issue 3). FACTUAL BACKGROUND This is an action on a breach of an insurance contract. Plaintiffs Makarem & Associates, APLC and Ronald Makarem (collectively “Makarem”) in 2013 began representing Christian Elssner in a personal injury suit. (P...

Excerpt: ...the entire case. FACTUAL BACKGROUND Plaintiff Andara Hewitt (“Hewitt”) alleges that she was an employee of defendant Playa Advance Urgent Care, Inc. (“Playa”). The Complaint alleges as follows. Playa is owned and managed by defendant Guven Uzun (“Uzun”). (Complaint ¶ 1.) Other defendants include Playa Medical Management, LLC, Playa Medical Plaza, and Beverly Hills Pain Institute and Neurology (collectively with Playa, “Playa Defend...

Excerpt: ... $2,317.88 in costs. BACKGROUND On May 16, 2017, this court denied Plaintiff National Funding's (“NF”) request for default judgment on the grounds that NF sought damages for unpaid loan balances that they had not pleaded in their complaint and because NF did not provide justification for its punitive damages request. NF filed a First Amended Complaint on June 21, 2017, and then a Second Amended Complaint on September 1, 2017, stating with par...