Excerpt: ...intiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The Complaint alleges the following causes of action: (1) Violation of the Song -Beverly Act – Breach of Express Warranty; (2) Violation of the Song -Beverly Act – Breach of Implied War...

Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Expre...

Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...

Excerpt: ...G PARTY: Plaintiff Monique Mudarris RESPONDING PARTY: Defendant Jaguar Land Rover North America, LLC (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a lemon law action under the Song- Beverly Act (“Song-Beverly” or the “Act”) arising from an allegedly defective 2018 Land Rover Range Rover (the “Vehicle”) purchased by Plaintiff on September 21, 2018. Over the next four years, Plain...

Excerpt: ... DEFENDANT LANDRY DESIGN GROUP INC.'S MOTION FOR SUMMARY ADJUDICATION Date: May 15, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Landry Design Group Inc. (“Moving Defendant” or “LDG”) RESPONDING PARTY: Plaintiff Ted Waitt, Trustee of The Nightingale Trust dated November 1, 2017 (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 29, 2021, Plaintiff filed a Complaint against Defen...

Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...

Excerpt: ...024. 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 transfers. Plaintiff filed the Motion to Continue Trial (the “Motion”) currently before the Court on April 17, 2024. The Court advanced the hearing date on the Motion from July 1, 2024 to May 14, 2024 on April 22, 20...

Excerpt: ...ollectively, “Plaintiffs”) The Court has considered the moving papers, opposition, and reply. BACKGROUND On October 13, 2023, Plaintiffs filed the original complaint (the “Complaint”) in the within case, alleging: (1) breach of implied contract of confidentiality; and (2) violation of California Financial Information Privacy Act. On January 5, 2024, the Moving Defendant filed a demurrer to the Complaint. On January 23, 2024, Moving Defend...

Excerpt: ...ion and reply papers. BACKGROUND Plaintiff commenced this action against Defendant on May 3, 2023 for breach of written contract, and common count – services rendered. On October 4, 2023, the parties filed a notice of settlement and on November 28, 2023, the Court entered judgment under CCP § 664.6 against Defendant in the amount of $56,370.50. On March 27, 2024, Plaintiff filed the instant motion for order assigning copyrights (the “Motion�...

Excerpt: ...ntiff John Doe The Court has considered the moving, opposition., and reply papers. LAUSD's Demurrer to Plaintiff's Complaint (the “Demurrer”) is OVERRULED. BACKGROUND On January 19, 2024, Plaintiff John Doe filed a Complaint against LAUSD and Gabriela Cortez (“Cortez”) alleging eight causes of action arising from allegations of sexual abuse by Cortez while Plaintiff was a high-school student and Cortez was a Spanish teacher at his school....

Excerpt: ...idered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts a representative claim for violations of the Labor Code pursuant to the Private Attorneys General Act (“PAGA”). On July 29, 2022, Moving Defendant filed a motion to compel arbitration on the grounds that during Plaintiff's employment, he signed a binding arbitration agreement that...

Excerpt: ...Dvir Cohen and Yafit Cohen (the “Cohen Defendants”) RESPONDING PARTY: None The Court has considered the moving papers. No opposition papers were filed. BACKGROUND On October 7, 2022, Plaintiff Bo Zhang (“Plaintiff”) filed the operative Complaint against the Cohen Defendants; Clear Recon Corp (collectively, “Defendants”); and Does 1 through 20, inclusive, for: (1) Fraudulent Misrepresentation; and (2) Violation of th e Business and Pro...

Excerpt: ... Time: 8:30 a.m. Dept. 56 AND RELATED CROSS-ACTION MOVING PARTY: Cross -Defendant Certain Underwriters at Lloyd's of London (“Underwriters”) RESPONDING PARTY: Cross -Complainant Caring Heart In -Home Care Services (“CH”) The Court has considered the moving papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home -care providers. Plaintiff's complaint (the “Complaint”) alleges claims for: (1) breach of contract...

Excerpt: ... TO CEREBRAL INC.; (4) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MILLENIUM MEDICAL ASSOCIATES, INC.; AND (5) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MEMORIALCARE Date: May 8, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Darletha Matthews RESPONDING PARTY: Defendant The Regents of the University of California (erroneously sued as “University of California” and “UCLA Medical Center”) The Court has ...

Excerpt: ... Party”) RESPONDING PARTY: None as of May 3, 2024. The Court has considered the moving papers. BACKGROUND On November 21, 2023, Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”) for: (1) Negligence; (2) Strict Lia bility – Warning Defect; (3) Strict Liability – Design Defect; (4) F...

Excerpt: ... Builds LLC (“FQB”), Farshid Seyed Hosseni (“Hosseni”), Elham Riahi Moghaddam (Moghaddam”), and Eli Tour LLC (“Eli”) (sometimes collectively, “Defendants”) RESPONDING PARTY: Plaintiff Pooria Navid (“Navid”) The Court has considered the moving and opposition papers. BACKGROUND On October 19, 2023, Plaintiff Navid filed a Complaint against Defendants FQB; Hosseni[1]; Moghaddam; Eli; and DOES 1- 50, inclusive for: (1) Breach of...

Excerpt: ... Builds LLC (“FQB”), Farshid Seyed Hosseni (“Hosseni”), Elham Riahi Moghaddam (Moghaddam”), and Eli Tour LLC (“Eli”) (sometimes collectively, “Defendants”) RESPONDING PARTY: Plaintiff Pooria Navid (“Navid”) The Court has considered the moving and opposition papers. BACKGROUND On October 19, 2023, Plaintiff Navid filed a Complaint against Defendants FQB; Hosseni[1]; Moghaddam; Eli; and DOES 1- 50, inclusive for: (1) Breach of...

Excerpt: ...vis Scott RESPONDING PARTY: Defendants Samuel Luke Llaneras and Tharsys Da Silva The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a breach of contract action. On June 30, 2023, Plaintiffs Andrew Donegan, DG LLC, and Travis Scott (collectively, “Plaintiffs”) filed this action against Defendants Samuel Luke Llaneras (“Llaneras”), Tharsys Da Silva (“Da Silva”) (collectively, “Defendants”), ...

Excerpt: ... Trial: June 14, 2024 MOVING PARTY: Defendants Roberto D. Banuelos and Revel Management Group, LLC RESPONDING PARTY: Plaintiff Hugo Villasenor individually and derivatively on behalf of Revel Management Group, LLC The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a claim by Plaintiff that he has an ownership interest in Defendants' business. The currently operative first amended complaint (the �...

Excerpt: ...al, Inc. (“Defendant”) RESPONDING PARTY: Plaintiffs Ollye G. Ingram, et al. (“Plaintiffs”) 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 ...

Excerpt: ... Court has considered the moving papers. No opposition has been received. BACKGROUND Plaintiff initiated this eminent domain action on November 18, 2022 against Defendants Center Int'l Investments Inc. (“CII”), S.B.S. Trust Deed Network, County of Los Angeles, and all persons unknown claiming any right, title, estate, lien, or interest in or to the property sought to be condemned. As alleged in the complaint, Plaintiff seeks to acquire the re...

Excerpt: ...been filed as of April 26, 2024. BACKGROUND On May 18, 2023, Plaintiff Tohid Naeem (“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 to the Motion; however, on January 31, 2024, this Cour...

Excerpt: ...nsidered the moving papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by the Defendant from approximately 1969 to 1970. (FAC ¶¶ 18- 19.) The FAC alleges that Defendant had reason to know of Volk's misconduct tha...

Excerpt: ...RESPONDING PARTY: Plaintiff Jane Doe (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action for invasion of privacy and sexual battery. The Third Amended Complaint (TAC) alleges that Plaintiff was required by her employer, Michelson Laboratories, Inc., to undergo a drug test and physical examination at Defendant Southern Califor nia Immediate Medical Center's facility. (TAC ¶¶ 9–10.) ...

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: ...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: ...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: ...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”...