Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti-SLAPP) (the “Mo...

Excerpt: ...service was defective. Defendant asserts that Plaintiff failed to exercise reasonable diligence in attempting personal service, and that Plaintiff was aware, or easily could have learned, where Mr. Serpik resides as it is a matter of public record. (Serpik Decl. ¶ 2.) Defendant states that Plaintiff relied on an address of a large office building that houses many businesses, only one of which is the law firm that employs Mr. Serpik. (Serpik Decl...

Excerpt: ...opposition papers and the replies. BACKGROUND Plaintiff Ted Waitt, Trustee of the Nightingale Trust dated November 1, 2007 filed this construction defect action on June 29, 2021. Plaintiff alleges: (1) breach of contract; (2) negligence; (3) professional negligence; (4) strict products liability; (5) breach of express warranty; (6) breach of implied warranty (merchantability); (7) breach of implied warranty (fitness); and (8) decla ratory relief....

Excerpt: ...idered the moving papers. No opposition or reply papers have been filed as of April 23, 2024. BACKGROUND This action arises out of a dispute concerning a construction project. On March 25, 2024, Cross-Defendant Rodriguez Plastering (“Moving Cross -Defendant”) filed the instant motion for determination of good faith settlement (the “Motion”). The Motion is made pursuant to Code of Civil Procedure section 877.6(a). No opposition has been fi...

Excerpt: ...an”) and Spectrum Lending, LLC (“Spectrum”) (collectively, the “Spectrum Parties”) The Court has considered the moving and opposition papers. As of April 23, 2024, no reply has been filed. BACKGROUND This action arises out of a dispute over real property (the “Property”). The Cross-Complaint (the “XC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment – restit...

Excerpt: ... TRANSRINA KEBE'S SPECIAL MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: April 24, 2024 Time: 8:30 a.m. Dept: 56 Judge: Holly J. Fuji e Trial: None Set Moving Parties: Defendants Yelen Entertainment LLC (“Yelen”) and Latasha ` Transrina Kebe (“Kebe”) Responding Parties: Plaintiffs Kevin Hart (“Hart”) and K.Hart Enterprises (“KHE” ) The Pleading s On January 2, 2024, plaintiffs Hart and KHE (collectively, “Plaintiffs�...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...ty”) RESPONDING PARTY: Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 21, 2023, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”), including Moving Party for: (1) Negligence; (2) Strict Liability – Warning Defect; (3) St rict Liab...

Excerpt: ... the moving, opposition, and reply papers. BACKGROUND This action arises out of an employment relationship between Plaintiff and Defendants. Plaintiff's Complaint alleges: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) representative action for civil penalties pursuant to the Private Attorney General Act (“PAGA”). With ...

Excerpt: ...ai Motor Company and Hyundai Motor America (collectively, “Hyundai” or “Defendants”) RESPONDING PARTY: Plaintiffs Nayeli Viridiana Saldaña Canico, Gustavo Alfredo Saldaña Canico, Jorge Uriel Saldaña Canico, and Ismael Saldaña Canico (collectively, “Canico Siblings” or "Plaintiffs") The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automobile accident. The curr...

Excerpt: ...dant Regents of the University of California RESPONDING PARTY: Plaintiff Isiah Dryer The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Isiah Dryer (“Plaintiff”) is a disabled African American former employee of Defendant Regents of the University of California (“UC” or “Defendant”). He filed a complaint on May 1, 2023, alleging multiple causes of action against Defendant. The operative Second Amen...

Excerpt: ...G PARTY: None The Court has considered the moving papers. No opposition has been filed. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's operative First Amended Complaint (“FAC”) alleges: (1) elder/dependent adult abuse violation of Welfare and Institutions Code Section 15610, et seq.; (2) breach of fiduciary duty; (3) negligence; (4) negligence; ...

Excerpt: ...The Court has considered the moving papers. BACKGROUND On October 14, 2020, Plaintiff David Hokanson (“Plaintiff”) filed the operative Complaint against Defendant Northrop Grumman Systems Corporation and DOES 1 through 20, inclusive for: (1) Violation of Labor Code Section 6310; (2) Violation of Labor Code Section 1102.5; and (3) Wrongful Termination in Violation of Public Policy. On August 18, 2021, this Court granted Defendant's Motion to C...

Excerpt: ... papers. No opposition has been filed as of April 17, 2024. BACKGROUND This action arises out of an employment relationship. On April 16, 2021, Juan R. Andrades filed his Complaint against Defendants and Does 1 through 20, asserting 13 causes of action. On February 14, 2024, Defendants filed the instant motion to compel the deposition of Plaintiff and request for sanctions. Defendants filed notice of non-opposition. No opposition has been filed a...

Excerpt: ...(“Plaintiff” or “Showroom dba Vesta Home”) RESPONDING PARTY: Defendants Adrian Rudomin (“Rudomin”), Donella Circle, LLC (“Donella”), Tartarus, LLC (“Tartarus”) and The Kraken, LLC (“Kraken”) The Court has considered the moving, opposition, reply and further briefing papers. BACKGROUND On July 21, 2021, Plaintiff filed the operative Complaint against Defendants Rudomin; Donella, Tartarus, Kraken; and Does 1 to 40, inclusive...

Excerpt: ...pposition, and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's first amended complaint (the “FAC”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, an...

Excerpt: ...r “Netflix”) RESPONDING PARTY: Plaintiff OneTaste, Inc. (“Plaintiff” or “OneTaste”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 3, 2023, Plaintiff OneTaste filed the instant Complaint against Defendant Netflix and DOES 1 to 100, inclusive, alleging a single cause of action for Defamation Per Se. On March 4, 2024, Defendant filed this instant special motion to strike (Anti -SLAPP) (the “M...

Excerpt: ...ndon (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed the Complaint in this action against Defendant on April 4, 2023 for violations of the Unruh Civil Rights Act. The Complaint alleges in relevant part that Defendant denies blind individuals equal enjoyment of and access to the products, serv ices, privileges, advantages, and accommodations and information made available through its w...

Excerpt: ...PARTY: Defendants Hyundai Motor Company and Hyundai Motor America (collectively, “Hyundai” or “Defendants”) RESPONDING PARTY: Plaintiffs Nayeli Viridiana Saldaña Canico, Gustavo Alfredo Saldaña Canico, Jorge Uriel Saldaña Canico, and Ismael Saldaña Canico (collectively, “Canico Siblings” or "Plaintiffs") The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automo...

Excerpt: ...SCH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 20, 2023, Plaintiffs Glass House Brands Inc., Kyle D. Kazan, and Graham Farrar (collectively, “Plaintiffs”) filed a Complaint against Defendants South Cord Holdings LLC, South Cord Management LLC, Elliot Lewis, Damian Martin (collectively, “Defendants”), and DOES 1 through 100, inclusive for: (1) Defamation Per Se; (2) Defamation Per Quod; and (3...

Excerpt: ...papers. BACKGROUND On September 7, 2023, Plaintiff Jinhee Kim filed the operative Second Amended Complaint alleging causes of action for (1) breach of oral agreement, (2) wrongful retention of security deposit per Civ. Code §1950.7(C), (3) money had and received, (4) breach of covenant of quiet enjoyment, and (5) California unfair competition under Cal. Bus. & Prof. Code §§ 17200, et seq. Defendant Brandon Kim seeks leave to file a cross -comp...

Excerpt: ...nd Cross -Complainants MLA Money Purchase Pension Plan (“MPPP”) and MLA Defined Benefit Pension Plan (“DBPP”) (collectively “MLA Defendants”) RESPONDING PARTY: Unopposed The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND On ...

Excerpt: ...ing papers and Plaintiff's Notice of Non- Opposition as to the following motions: 1) Motion for Order Deeming Admitted the Truth of Facts and Genuineness of Documents and Imposing Monetary Sanctions against Victor Chongman Pa k (“Pak”) or his Counsel (the “RFA Motion”); 2) Motion to Compel Verified Responses without Objections to Special and Form Interrogatories, and for Sanctions against Pak or his Counsel (the “Interrogatory Motion”...

Excerpt: ... 10, 2024 Dept. 56 MOVING PARTIES: Plaintiff Rotem Shenon dba Shenon Construction RESPONDING PARTIES: Petitioner Susan Hoffman Hyman (Petitioner in related case 23STCP03185) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute between a contractor and subcontractors for services in the construction of a project. The Complaint alleges: (1) implied contractual indemnity; (2) equitable inde...

Excerpt: ... as Win Security dba Metro Parking, Inc.) and Sam Young RESPONDING PARTY: None The Court has considered the moving papers. No opposition or reply papers have been filed. BACKGROUND On February 24, 2021, Plaintiff Alejandro Constantino Canseco (“Plaintiff”) filed his operative First Amended Complaint (“FAC”) against Defendants Win Security dba Metro Parking Inc. (“Win Security”), 3 Alameda Plaza, LLC (“3 Alameda Plaza”), Sam Young ...

Excerpt: ...rozco The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) hostile work environment harassment; and (2) failure to prevent and/or remedy harassment. On February 15, 2024, Moving Defendant filed the instant motion to compel nonparty Spine Care & Orthopedic Physicians (“SCOP”) to produce all documents called for...

Excerpt: ...ntral Basin Municipal Water District (the “District”) and Alex Rojas (“Rojas”) (collectively, “Defendants”) The Court has considered the papers filed by the parties. BACKGROUND On June 16, 2022, Plaintiff filed the operative Complaint against Defendants, Robert Baker and DOES 1 through 25, inclusive, for: (1) Damages in Violation of the Bane Civil Rights Act – California Civil Code Section 52.1; and (2) Injunctive Relief. On August ...

Excerpt: ...t Thomas Edward Waljeski RESPONDING PARTIES: Plaintiffs Richard Galvan and Paige Galvan The Court has considered the moving and opposition papers. No reply has been received. BACKGROUND This tort action arises from Plaintiffs Richard Galvan and Paige Galvan's lease for the subject property located at 26168 Pacific Coast Highway, Malibu, CA 90265 owned by Defendant Thomas Edward Waljeski (“Defendant”), inclusive. Plaintiffs filed a Complaint a...

Excerpt: ...KGROUND Plaintiff Blossom Brown (“Plaintiff”) initiated this action against Defendants Los Angeles LGBT Center, Luis Felix, and Jeffrey Rodriguez (collectively, “Defendants”), alleging the following causes of action: (1) discrimination in violation of Government C ode §§ 12940, et seq.; (2) harassment in violation of Government Code §§ 12940, et seq.; (3) retaliation in violation of Government Code §§ 12940, et seq .; (4) failure to...

Excerpt: ...s Angeles Unified School District RESPONDING PARTY: None The Court has considered the moving papers. No opposition has been received. BACKGROUND These consolidated actions involve various plaintiffs who have sued Defendant Los Angeles Unified School District (“LAUSD”) based on allegations of sexual abuse perpetrated by Defendant Daniel Ayon (“Ayon”), who was employed as an afterschool staff coordin ator. LAUSD now moves for an order pursu...

Excerpt: ...No opposition has been filed. BACKGROUND This action arises out of an employment relationship. On August 30, 2021, Plaintiff filed a complaint asserting representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”) against Defendan t Parkway Motorcars Valencia Inc. dba Parkway Buick GMC Cadillac (“Defendant”). On January 5, 2023, the Court granted in part Defendant's motion...

Excerpt: ...nd Expo Apts, LLC RESPONDING PARTIES: Plaintiffs Denise Doris, et al. The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arises from alleged uninhabitable conditions in four adjacent apartment complexes located at 4018 Gelber Place, Los Angeles, CA 90008, 4024 Gelber Place, Los Angeles, CA 90008, 4029 Gelber Place, Los Angeles, CA 90008, and 4036 Gelber Pla ce, Los Angeles, CA 90008 (the “Subject Pro...

Excerpt: ...: 8:30 a.m. Dept. 56 AND RELATED CROSS- ACTIONS MOVING PARTY: Defendants Samuel E. Anguiano and Patricia J. Anguiano RESPONDING PARTY: None The Court has considered the moving papers. BACKGROUND This action arises out of a contract for sale of real property. The currently operative first amended complaint (the “FAC”) was filed on July 13, 2022 and alleges specific performance for the sale of real property. On October 10, 2023, Defendants file...

Excerpt: ... papers. BACKGROUND This action was initiated on February 4, 2022, and arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) violation of the California Unfair Competition Law (“UCL”); (2) violation of the California Consumer Legal Remedies Act (“CLRA”); and (3) conversion. In relevant part, the FAC alleges: Plaintiff entered into a lease agreement (the “Lease Agreemen...

Excerpt: ...OUND On January 10, 2022, Plaintiff Berj Parseghian (“Plaintiff”) filed a complaint for injunctive relief and civil penalties against Defendant Whole Foods Market (“Defendant”) for violation of Proposition 65, Health & Safety Code section 25249.6. [1] On January 22, 2024, Plaintiff filed the instant motion for entry of stipulated consent judgment. DISCUSSION Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, prohib...

Excerpt: ...Serna and Vilma Serna (“Plaintiffs”) accepted a settlement offer made by Defendants, Nissan North America, Inc. (“NNA”) and Nissan of Duarte (“Nissan of Duarte”) (collectively “Defendants”), in the amount of $50,294.84. In addition to this amount, Defendants agreed in the offer that Plaintiffs would surrender the Subject Vehicle and if Plaintiffs' counsel and Defendants did not agree on an attorney's fees amount, Plaintiffs would ...

Excerpt: ... 56 MOVING PARTY: Plaintiff Enrique Corral RESPONDING PARTY: None The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a wrongful termination case. Plaintiff Enrique Corral (“Plaintiff') initiated this action against Defendant Aqua Concepts (“Defendant”) on July 25, 2022. The complaint against the following causes of action against Defendant: (1) discrimination in violation of the California Family Ri...

Excerpt: ...ESPONDING PARTY: Defendant Centaurus Financial, Inc. (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of impl...

Excerpt: ...Y: Defendant Allied Physicians of California, PMC (“Defendant”) The Court has considered the moving and opposition papers. BACKGROUND On June 8, 2022, Plaintiff filed the operative Complaint in this case against Defendant Allied Physicians of California, PMC dba Allied Pacific IPA, erroneously sued and served as Allied Pacific IPA (“Defendant”) and DOES 1 through 10, inclusive for: (1) General Negligence; (2) Humiliation; and (3) Emotiona...

Excerpt: ... of Los Angeles (the “City”) The Court has considered the moving, opposition and reply papers. BACKGROUND On September 27, 2019, Petitioner the City and the collective bargaining unit UFLAC, Local 112, on behalf of Respondent, Yasha Y. Vand and other represented bargaining unit members, entered into a written collective bargaining agreement entitled Memorandum of Understanding Regarding the Firefighters and Fire Captains Representation Unit (...

Excerpt: ...NT Date: March 25, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff KBS Holdco, LLC (“Plaintiff”) RESPONDING PARTY: None. The Court has considered the moving papers. BACKGROUND On April 12, 2023, Plaintiff KBS Holdco, LLC dba Regency Outdoor Advertising (“Plaintiff”) filed this operative Complaint against Defendants S3D Partners, LLC; Jayesh Kumar; Vimal Patel; Govind Kumaar; Madhuben Kumar; Ketan Kumar; and DOES 1 through 25, inclus...

Excerpt: ...ARTY: Plaintiff Michelle Vasquez RESPONDING PARTY: Defendants The Court has considered the moving and opposition papers. BACKGROUND On May 24, 2021, Plaintiff Michelle Vasquez (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants County of Los Angeles Probation Department; Kenneth Mitchell; Clemmie Murdock; and DOES 1 through 30 (“Defendants”), inclusive for: (1) Discrimination on the Basis of Disabili...

Excerpt: ...ND On May 24, 2023, Plaintiff Leah Alspaugh (“Plaintiff”) filed a Complaint for Mechanic Lien Claim for Unpaid Wages on Labor against Defendant BNY Bank (“Defendant”). On August 21, 2023, Plaintiff filed a Motion for Default Mechanics Lien and Order for Default Judgment. The Court denied this motion on September 29, 2023. On September 26, 2023, Defendant filed a Motion to Quash Service of Summons. The Court granted this motion on October ...

Excerpt: ...The Court has considered the moving papers. BACKGROUND On October 14, 2020, Plaintiff David Hokanson (“Plaintiff”) filed the operative Complaint against Defendant Northrop Grumman Systems Corporation (“Defendant”) and DOES 1 through 20, inclusive for (1) Violation of Labor Code Section 6310; (2) Violation of Labor Code Section 110 2.5; and (3) Wrongful Termination in Violation of Public Policy. On August 18, 2021, this Court granted Defen...

Excerpt: ...34 Huntley, LLC, Dustin Pourbaba and 4D Development and Investment (“Demurring Defendants”) RESPONDING PARTY: Plaintiff Joe Stojkov (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On January 2, 2024, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants 634 Huntley, LLC, Dustin Pourbaba; 4D Development and Investment; Century West Associates Incorporated; Jamshid K...

Excerpt: ... SSI Refrigerated Express, Inc. (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND SSI alleges a single cause of action for negligence based on Plaintiff being provided hydraulic oil as opposed to what was ordered, i.e., motor oil, which resulted in damage to Plaintiff's semi fleet. The 55 gallon drum of hydraulic oil was mislabeled on t he outer top portion of the barrel as motor oil. The drum was then...

Excerpt: ...DING PARTY: Plaintiff and Cross -Defendants Christopher Mitchell, Koi Pond, and Monty Dog (“Cross -Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs commenced this action on November 10, 2016. The operative Fourth Amended Complaint was filed on October 16, 2020, and alleges 10 causes of action arising from alleged wrongful actions in connection with investments in real estate ventures. On Dec...

Excerpt: ... DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE Date: March 19, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendants Big Ticket Productions, Inc., et al. RESPONDING PARTY: Plaintiff Hicks Media, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND On January 4, 2024, Plaintiff Hicks Media, Inc., as successor to M&M Momar, Inc. (“Plaintiff”) filed this operative First Amended Complaint (“FAC”) agai...

Excerpt: ...aeem (“Plaintiff”) filed the operative Complaint against Defendant Nidal A. Barakat (“Defendant”) for Violations of Tenant Anti- Harassment Ordinance. On July 31, 2023, Defendant filed an Answer. On January 12, 2024, Plaintiff filed a Motion for Leave to File Second Amended Complaint. No opposition was filed. On January 31, 2024, this Court continued this matter to allow Plaintiff to serve Defendant with the Motion and to give Defendant t...

Excerpt: ...aeem (“Plaintiff”) filed the operative Complaint against Defendant Nidal A. Barakat (“Defendant”) for Violations of Tenant Anti- Harassment Ordinance. On July 31, 2023, Defendant filed an Answer. On January 12, 2024, Plaintiff filed a Motion for Leave to File Second Amended Complaint. No opposition was filed. On January 31, 2024, this Court continued this matter to allow Plaintiff to serve Defendant with the Motion and to give Defendant t...

Excerpt: ...t JSR Capital, LLC RESPONDING PARTY: Plaintiff Yogi Securities Holdings, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 9, 2024, Plaintiff Yogi Securities Holdings, LLC (“Plaintiff”) filed this operative Third Amended Complaint (“TAC”) against Defendants Jona Rechnitz, Robert Rechnitz, JSR Capital, LLC, Alan “Avi” Golombeck, Agol Holdings, LLC, Ayal Frist, Stateland Brown, LLC, and DOES 1...

Excerpt: ...LY PREPARED INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS Date: March 19, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Cuil Investments, LLC RESPONDING PARTY: Plaintiffs Hans H. Kim and Aqua Wetclean, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND On September 8, 2020, Plaintiffs Hans H. Kim and Aqua Wetclean, LLC (“Plaintiffs”) filed the operative Second Amended Complaint (“SAC”) ag...

Excerpt: ...: Defendant Apro, LLC RESPONDING PARTY: Plaintiff Colin Marbella Monteon The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an employment dispute. On July 18, 2023, Plaintiff Colina Marbella Monteon (“Plaintiff”) filed this action against Defendant Apro, LLC, a Delaware Corporation, dba United Pacific (“Defendant”), and Does 1 through 50, alleging causes of action for: (1) disability discrimination; (2) ...

Excerpt: ... at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On December 30, 2019, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written promissory note; (2) common count -money lent; (3) common count - money paid, laid out and expended; (4) breach of personal guaranty; (5) false promise; (6) i ntentional misrepresentation; (7) negligent mis...

Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of implied duty of good faith and fair dealing; (6) aiding and abetting breach of fiduciary duty; (7) negligence...

Excerpt: ...ll Unknown Occupants, Tenants, and Subtenants, and Does 1 through 25. On January 31, 2024, Maultsby filed the instant demurrer without motion to strike. On February 5, 2024, Maultsby filed a request for judicial notice. On February 13, 2024, the Court denied Maultsby's motion to transfer venue without prejudice. On February 15, 2024, Plaintiff filed an opposition to the demurrer. On March 11, 2024, Maultsby filed a reply. REQUEST FOR JUDICIAL NOT...

Excerpt: ...mma Martin (“Mrs. Martin”), Elizabeth Gagliano (“Gagliano”) and Kathryn Sessinghaus (“Sessinghaus”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of the death of Vincent Paul Martin (“Mr. Martin”). Plaintiffs allege that Mr. Martin died from COVID-19 at the onset of the COVID -19 pandemic while admitted at HPHC, a nursing facility. The ...

Excerpt: ...e Carney RESPONDING PARTY: Defendant City of Los Angeles The Court has considered the moving papers. Plaintiff's Motion For Leave To File First Amended And Supplemental Complaint is GRANTED. BACKGROUND Procedural History Suzanne Carney (Plaintiff) filed a Complaint on November 16, 2022, alleging three causes of action: (1) nuisance, (2) trespass, and (3) inverse condemnation against the City of Los Angeles (the City) after the City allegedly caus...

Excerpt: ...y papers. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED in its entirety. The Motion to Strike is DENIED as moot. Plaintiff is granted 20 days leave to amend. BACKGROUND Procedural History Maud Chaira (Plaintiff) filed a Complaint on December 13, 2023, against their[1] former employer Citiguard Inc. (Defendant) for the following five causes of action: 1. Wrongful Termination 2. Intentional Infliction of Emotional Distress 3. Retaliati...

Excerpt: ...iates, Inc. The Court has considered the moving, opposition, and supplemental papers. BACKGROUND This Rosenthal Fair Debt Collection Practices Act action arises from Plaintiff Aja Vasquez - Looper's medical bill from Defendant Renaissance Imaging Medical Associates, Inc. for medical services provided for the treatment of injuries subject to Plaintiff Vasquez-Looper's worker's compensation claim. Plaintiff Vasquez -Looper filed a Complaint against...

Excerpt: ...ace RESPONDING PARTY: N/A - Unopposed The Court has considered the moving papers. BACKGROUND John Marsic (Plaintiff) was hired by his now former employer, JMG Investments, Inc. dba Harmony Place (Defendant) on September 1, 2016 to work as a Resident Advisor Supervisor. (Complaint, ¶ 16.) Defendant is a company that operates a residential facility for substance abuse disorder, treatment, and rehabilitation. Around the fall of 2019, Plaintiff suff...

Excerpt: ...idered the moving, opposition, and reply papers. BACKGROUND This action arises out of a sublease arrangement. The operative second amended complaint (the “SAC ”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach of the covenant of quiet enjoyment; and (5) unfair competition under Business and Pr ofessions Code section 17200. ...

Excerpt: ...Plaintiff Tom of Finland Foundation, Inc. BACKGROUND On October 20, 2023, Plaintiff Tom of Finland Foundation, Inc. filed a complaint. On January 9, 2024, Plaintiffs Tom of Finland Foundation, Inc. and Effenberger Couture filed a First Amended Complaint (the “FAC”) against Defendants Cultureedit LLC, Joakim Andreasson, and Does 1 -35, inclusive (collectively “Defendants”) alleging: (1) Bre ach of Contract; (2) Breach of Duty of Loyalty; (...

Excerpt: ... California Invasion of Privacy Act (“CIPA”), arising out of Defendant's alleged installation of spyware to eavesdrop on Pla intiff's private conversations. On December 28, 2023, Defendant filed the instant motion. On February 8, 2024, Plaintiff filed an opposition. On February 15, 2024, Defendant filed a reply. Motion for Judgment on the Pleadings Defendant brings a Motion for Judgment on the Pleadings as to the entire complaint, arguing tha...

Excerpt: ...16; and (2) DEFENDANT GEORGE MARK SANTA-ANNA, ESQ.'S SPECIAL MOTION TO STRIKE COMPLAINT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 Date: February 22, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: (1) Defendant Mina Sirkin Esq. (“Defendant Sirkin”); and (2) Defendant George Mark Santa- Anna, Esq. (“Defendant Santa -Anna”) (sometimes collectively, “Defendants”) RESPONDING PARTY: None. The Court has considered the moving papers. ...

Excerpt: ...: Plaintiff Alden Javier Dominguez (“Plaintiff Dominguez”) RESPONDING PARTY: Defendant General Motors LLC (“Defendant GM”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is lemon law action arising from Plaintiff Dominguez's purchase of a 2017 Chevrolet Silverado manufactured/distributed by Defendant GM. Plaintiff Dominguez filed a Complaint against Defendant GM and DOES 1 through 10, alleging causes of...

Excerpt: ...al Motors LLC (“Defendant GM”) RESPONDING PARTY: Plaintiff Ryan Hall (“Plaintiff Hall”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a lemon law action arising from Plaintiff Hall's purchase of a 2020 Chevrolet Silverado from Defendant M.K. Smith Chevrolet. Plaintiff Hall filed a Complaint against Defendant GM, M.K. Smith Chevrolet, and DOES 1 through 40, alleging causes of acti on for: (1) Violati...

Excerpt: ...NG PARTY: Plaintiff Maria Elizalde (“Plaintiff Elizalde”) RESPONDING PARTY: None. The Court has considered the moving papers. BACKGROUND This is a class action arising from alleged wage and hour violations under the California Labor Code. Plaintiff Elizalde filed the operative First Amended Complaint (“FAC”) against Defendant BMS Healthcare, Inc. for civil penalties under California Labor C ode Sections 2698 et seq, the Private Attorneys ...

Excerpt: ...GROUND This action arises out of an attorney- client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) legal malpractice; (2) breach of contract; and (3) breach of fiduciary duty. On November 18, 2023 and November 20, 2023, respectively, Plaintiff filed: (1) a motion for protective order regarding the Requests for Admissions, Set One propounded by Defendant (the “RFA Motion”); and (2) a motion for protective order regardi...

Excerpt: ...tiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), filed on November 21, 2023, alleges: (1) negligence; (2) strict liability – warning defect; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; an d (6) loss of consortium. On December 8, 2023, Moving Defendant filed a motion to strike portions of t...

Excerpt: ...ses to the Requests for Production, Set One propounded on Defendant South Cord Holdings LLC (“SC”) (the “SC RFP Motion”); (2) a motion to compel further responses to the R FPs propounded on Defendant Eliot Lewis (“Lewis”) (the “Lewis RFP Motion”); (3) a motion to compel further responses to the RFPs propounded on Defendant Damian Martin (“Martin”) (the “Martin RFP Motion”); (4) a motion to compel further responses to the S...

Excerpt: ...onsidered the moving, opposition and reply papers. BACKGROUND This action was initiated on August 9, 2022. The currently operative first amended complaint (the “FAC”), filed on September 1, 2023, alleges: (1) breach of implied warranty of habitability/tenantability; (2) breach of contract; (3) breach of the implied covenant of quiet enjoyment; (4) breach of goo d faith and fair dealing; (5) nuisance; (6) negligence; (7) battery; (8) intention...

Excerpt: ...ed the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to prevent discrimination under FEHA; (3) Labor Code section 1102.5; and (4) Labor Code section 98.6. In relevant part, the FAC alleges: Plaintiff was employed in Moving D...

Excerpt: ...RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of oral/implied operating agreement; (2) breach of implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) judicial dissolution by manager; (5) judicial dissolution by member; (6) accou...

Excerpt: ...moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful conduct that occurred in the course of a business relationship. On October 6, 2023, Plaintiffs filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Requests for Admissions, Set On...

Excerpt: ...RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of a dispute concerning Plaintiffs' investment property (the “Property”), was initiated on September 7, 2021. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract...

Excerpt: ...oving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful conduct that occurred in the course of a business relationship. On October 6, 2023, Plaintiffs filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Requests for Admissions, Set One...

Excerpt: ...he moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) unlawful detainer. On January 10, 2024, Moving Defendant filed a motion to...

Excerpt: ...ng Professionals (the “Union”), Billye Fairley (“Fairley”), Arturo Aguilar (“Aguilar”), and Karla Alas (“Alas”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of the Unruh Act; (2) negligence; and (3) violation of Business and Professions Code section 17200. In relevant part, the Complaint alleges: ...

Excerpt: ...Y: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; and (2) equitable estoppel/declaratory relief to quiet title. In relevant part, the SAC alleges: the Property is part of the estate of Carl Lawton (“Decedent”), who died intes...

Excerpt: ...olombeck (“Golombeck”), Ayal Frist (“Frist”), and JSR Capital, LLC (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), which was filed on May 3, 2023, alleges: (1) breach of contract (count 1); (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrep...

Excerpt: ... PARTY: Defendant/Cross-Complainant Caring Heart In Home-Care Services, Inc. (“Caring Heart”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home-care providers. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) negligence; (3) elder abuse – financial abuse; and (4) breach of covenant of good faith and fair dealing. The cur...

Excerpt: ...ourt has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On January 25, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violations of the Rosenthal Fair Debt Collection Practices Act. On August 3, 2023, ...

Excerpt: ...s. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable trans...

Excerpt: ...on and reply papers. BACKGROUND This action arises out of a dispute over the payment for medical services. Plaintiff's complaint (the “Complaint”) alleges: (1) negligent misrepresentation; (2) promissory estoppel; and (3) recovery of benefits under 29 U.S.C. section 1132, subdivision (a)(1)(B). [1] In relevant part, the Complaint alleges: on several dates in 2020 and 2021, Plaintiff provided medical services for a patient (“Patient”) empl...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2, subdivision (b); and (4) violation of the Song- Beverly Act section 1796.5. On September 18, 2023, Plaintiff filed a notice of settlement. On November 29,...

Excerpt: ... and reply papers. BACKGROUND This action, which was initiated on June 13, 2023, arises out of alleged sexual abuse of a minor while Plaintiff attended a school in Moving Defendant's school district. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual assault; and (2) negligence. On October 26, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to allege sufficient facts ...

Excerpt: ...P”) and Kevin Rodriguez (“Rodriguez”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On March 29, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) unlawful harassment under the Fair Employment and Housing Act (“FEHA”); (2) FEHA race discrimination; (3) FEHA disability/medical condition discrimination; (4) FEHA age discr...

Excerpt: ... Marvin Glenn Holloway (“Holloway”) (collectively, “Plaintiffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges ten causes of act...

Excerpt: ... Antonio Vernola (“Moving Defendant”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...

Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...

Excerpt: ...urion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relati...

Excerpt: ...y papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On October 26, 2023, Plaintiff filed a complaint (the “Complaint”) alleging unlawful detainer. On December 27, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the ground that the Complaint fails to state suffi...

Excerpt: ... Republic”) RESPONDING PARTY: Defendant/Cross-Complainant Oaktree Investment Fund, LLC (“Oaktree”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an insurance dispute. Old Republic's complaint (the “Complaint”) alleges declaratory relief. Oaktree's currently operative first amended cross-complaint (the “FAXC”) alleges: (1) specific performance; (2) breach of contract; (3) breac...

Excerpt: ...CKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. On August 31, 2023, Plaintiff filed a notice of settlement. On January 4, 2023, Plaintiff filed a motion for attorney's fees (the “Motion”) to recover $91,710 in fees expen...

Excerpt: ...pers. BACKGROUND On October 20, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) promissory estoppel; and (3) declaratory relief. In relevant part, the Complaint alleges: On or about July 24, 2018, Plaintiff and Moving Defendant entered into two written agreements in order to settle a lawsuit. (Complaint ¶ 7.) One of these written agreements (the “Contract”) included a provision stating that Movin...

Excerpt: ...rian”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “5AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting bre...

Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has reviewed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful co...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On June 2, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive ev...