Excerpt: ... moving papers. BACKGROUND This is a Song- Beverly Consumer Warranty Act action arising from the Defendant's alleged failure to repair Plaintiff's vehicle in violation of the parties' warranty agreement and Civil Code §§ 1790-1795.8. On April 24, 2023, Plaintiff filed the operative C omplaint alleging (1) violation of Civil Code § 1793.2(d), (2) violation of Civil Code §§ 1793.2(b), (3) violation of Civil Code § 1793.2(a)(3), (4) breach of ...

Excerpt: ...UND This action arises from alleged habitability issues at a property located at 3714 Fletcher Drive, Los Angeles, CA 90065 (the “Property”). On December 4, 2023, Plaintiff filed a Complaint against Defendant and DOES 1 through 100, inclusive, alleging causes of action for: (1) negligence, (2) breach of implied warranty of habitability; (3) violation of Los Angeles Municipal Code § 151.10 et seq.; and (4) civil penalties for violation of the...

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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...: 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: ...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: ...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: ... 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: ... 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...