Excerpt: ...y papers. BACKGROUND This is a defamation action. Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) defamation—libel per se; (2) defamation—slander; and (3) false light. On February 16, 2021, Moving Defendant filed and served a special motion to strike the FAC under Code of Civil Procedure section 425.1 (the “Motion”). On April 16, 2021, the Court granted Moving Defendant's Moti...

Excerpt: ...(collectively, “Defendants”) RESPONDING PARTY: Plaintiff Gabriel Garcia The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff initiated this suit was initiated on October 26, 2020. Plaintiff filed the operative First Amended Complaint (the “FAC”) on February 9, 2021, against LMD Integrated Logistics Services, Louis DiBlosi Jr., and LMD Global Logistics, LLC. The FAC alleges 12 causes of action alleging va...

Excerpt: ...lomon, Matthew Solomon, and Marian Solomon (collectively “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a landlord-tenant action arising out of a fire at and allegedly wrongful eviction from a property located at 336 North Ogden Drive, Los Angeles, CA 90036 (the “Subject Property”). Plaintiffs Fay, James Vitale, Tammy Solz, Jeffrey K. Schmidt, Jamie Rosenthal- Boyer, and Theodore Boyer ...

Excerpt: ...y Horse Center and Adrienne L. Manhan (“Defendants”) RESPONDING PARTY: Plaintiff Sharon Brumnett The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's Complaint arises from an allegedly discriminatory employment termination. Plaintiff filed the FAC against Defendants alleging causes of action for: (1) discrimination based on age, medical condition, and disability in violation of FEHA; (2) failure to accommo...

Excerpt: ...fornia State University RESPONDING PARTY: Plaintiff, Patrick Krug The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of Patrick Krug's (“Plaintiff”) employment with California State University, Los Angeles (“University”). Plaintiff was a tenured Professor of Biological Sciences at the University and thereafter accepted an advisory administrative position as the University's Faculty Athleti...

Excerpt: ...(“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an employment action. On October 14, 2020, Plaintiff filed a complaint alleging the following causes of action: (1) violation of Labor Code section 6310; (2) violation of Labor Code section 1102.5; and (3) wrongful termination in violation of public policy. Plaintiff generally alleges that he reported that a colleague assaulted him and Defendan...

Excerpt: ...ted Legal Group (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract and personal guaranty action. On May 18, 2020, Plaintiff commenced this action against Defendants Dynamic Clinical Laboratories, Inc. (“Dynamic”), Ebrahimian (collectively “Defendants”), and Does 1 through 100. The initial complaint contains three causes of action: (1) breach of written contract; (2)...

Excerpt: ...��Woodland Hills RESPONDING PARTY: Plaintiff Jeremy Vitug The Court has considered the moving, opposition and reply papers. BACKGROUND This is a dependent abuse and negligence action, in which Plaintiff alleges that he is a dependent adult and received insufficient medical care for his life-threatening cardiac conditions because Defendant was understaffed and underfunded On February 19, 2021, Plaintiff, who is self-represented, filed his initial ...

Excerpt: ...-James and Phillip James The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Felicia Smith-James and Phillip James initiated this action against The Geffen, 7014 Willoughby (LA) LLC (“Willoughby Entities”) and CIM Management, Inc. (“CIM”) on October 15, 2019. Plaintiffs filed their First Amended Complaint on March 5, 2020, and the operative Second Amended Complaint (“SAC”) on April 7, 2020. The act...

Excerpt: ...randen Hendricks. RESPONDING PARTY: Plaintiff Tamu Blackwell The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Tamu Blackwell filed suit against defendants on November 2, 2020. Various defendants demurred and filed motions to strike to Plaintiff's original complaint. The Court sustained the demurrers in their entirety with 20 days leave to amend on April 28, 2021. Plaintiff filed the operative First Amended C...

Excerpt: ...G PARTY: Plaintiff Sharon Brumnett RESPONDING PARTY: Defendant R.F. Wicall Trucking, Inc., d/b/a West Valley Horse Center The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff Sharon Brumnett filed suit against R.F. Wicall Trucking, Inc., d/b/a West Valley Horse Center and Adrienne L. Manhan on December 16, 2019. This action arises from the alleged unlawful termination of Plaintiff's employment with the defendants...

Excerpt: ... Non-Party Google, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND On August 13, 2020, Plaintiff Sea Level, LLC (“Sea Level”) commenced this action against Defendant Datametica Solutions, Inc. (“DSI”) for (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) common counts, (4) account stated, and (5) violation of Civil Code § 1738.10, et. seq. On April 14, 202...

Excerpt: ...arry Holmes (collectively “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a defamation action. On October 29, 2020, Plaintiff, who is self-represented in this action, filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4) intentional infliction of emotional distress; and (5) negligent infliction of emoti...

Excerpt: ...LLC and Kirill Kiryanov (“Kiryanov”); (2) FAA Beverly Hills, Inc., d/b/a Beverly Hills BMW and BMW of North America, LLC RESPONDING PARTIES: (1) FAA Beverly Hills, Inc., d/b/a Beverly Hills BMW and BMW of North America, LLC; (2) Golden Fish LLC and Kiryanov The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Golden Fish LLC and Kiryanov initiated this action against Defendants FAA Beverly Hills, Inc., d/b/...

Excerpt: ...m. Dept. 56 MOVING PARTY: Plaintiff Scarlett Benchley RESPONDING PARTY: Non-Party Los Angeles Police Department (“LAPD”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND On October 9, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”), alleging the following causes of action: (1) battery; (2) assault; (3) false imprisonment; (4) negligence; (5) negligent hiring, supervisio...

Excerpt: ...ION TO COMPEL ARBITRATION Date: August 2, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendants Sam Agha, Mohammad Reza Aghamohammadi, and Brandon Agha RESPONDING PARTY: Plaintiffs Mohammad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers. BACKGROUND The present action arises out of alleged wrongful actions in connection with the purchase of a car dealership. On August 21, 2018, Mohammad Saeid Aji...

Excerpt: ...ED COMPLAINT Date: July 30, 2021 Time: 8:30 a.m. Dept. 56 Jury Trial: March 14, 2022 MOVING PARTY: Plaintiffs/Cross-Defendants K-Swiss International, Ltd. and K-Swiss, Inc. RESPONDING PARTY: Defendant/Cross-Complainant Carter Internacional, S.A. The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 4, 2018, K-Swiss International, Ltd. and K-Swiss, Inc. (“Plaintiffs/Cross- Defendants”) initiated the instant acti...

Excerpt: ... Plaintiffs Alexa Passer, Misti Taylor, Dylan Fussman, and Drennon Davis, and Defendants Himalaya Media, Inc. and HiStudios, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This matter arises from the employment of Plaintiffs Alexa Passer, Misti Taylor, Dylan Fussman, and Drennon Davis (collectively “Plaintiffs”) with Defendants Himalaya Media, Inc. (“Himalaya”) and HiStudios, Inc. (“HiStudios”). On ...

Excerpt: ...in & Margolin (“Petitioner”) initiated this action on August 6, 2019, filing its Petition to Compel Binding Arbitration against Heidi Gabor (“Respondent”). The underlying action involves a dispute over fee agreements that Petitioner claimed Respondent failed to pay. The Hon. Thomas Trent Lewis (the “Arbitrator”) was appointed as Arbitrator. The Arbitrator issued the Final Arbitration Award (“Award”) on February 17, 2021, and a sec...

Excerpt: ...ered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract action arising out of a breach of commercial lease for property located at 600 South Spring Street, Unit 101 Los Angeles, California, 90014 (the “Property”). On April 13, 2021, Plaintiff filed its complaint against Bunao, Jacki Bunao (collectively “Defendants”), and Does 1 to 50 for a sole breach of contract cause of action. Plaintiff alleges that it, a...

Excerpt: ...45 [TENTATIVE] ORDER RE: DEMURRERS AND MOTIONS TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT Date: July 29, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: (1) Marcel Adrian Soler Filart (“Filart”) and (2) Serrano Post Acute LLC d/b/a Hollywood Premier Healthcare Center, a/k/a Serrano Healthcare, a/k/a Serrano North Convalescent Hospital (“HPHC”) and Benjamin Landa (“Landa”) (collectively, “Serrano Defendants”) RESPONDING PARTY: Pla...

Excerpt: ...fayel Khachatryan, Hasmik Harutunyan, Mary Vardanyan, Yermonya Khachatryan (collectively, “Plaintiffs”) The Court has considered the moving and opposition papers. BACKGROUND This is a landlord-tenant negligence and habitability action involving a multi-unit residence located at 1452 East Woodbury Road, Pasadena, California. Plaintiffs initiated this action on November 18, 2020 against Defendant alleging the following causes of action: (1) neg...

Excerpt: ...NG PARTY: Unopposed The Court has considered the moving papers. BACKGROUND On November 8, 2017, Petitioner Michael Deuschel (“Petitioner”) filed a petition for writ of mandate and complaint for declaratory relief and injunction relief and damages. On October 15, 2018, Petitioner filed his First Amended Petition and Complaint (“FAP”) against “The [University of California, referred to in the pleadings as “UC”] Regents Medical Centers...

Excerpt: ...t, LLC (“Trinity Risk”), Knight Management Group, Inc. (“KMG”), and Labornow, Inc. (“Labornow”) (collectively the “Trinity Parties”) RESPONDING PARTY: Plaintiffs/Cross-Defendants Simplified Labor Staffing Solutions, Inc. (“Simplified Labor”) and Simplified Staffing Labor Solutions, LLC (“Simplified Staffing”) (collectively “Simplified”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Relev...

Excerpt: ...The Court has considered the moving and opposition papers. BACKGROUND Plaintiff Isuzu Finance of America, Inc., initiated this action against defendants Royalty Moving, Inc. d/b/a Champs Movers d/b/a Multipurpose Moving, Cesar Soto, Steve Guerrero, and Michael Shouhed on December 17, 2019. The operative complaint asserts one cause of action for breach of contract. Default was entered against all defendants on May 29, 2020. The Court entered judgm...

Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Turmel Woods initiated this employment action against the City of Compton (“City”) on September 26, 2019. The Complaint in this matter has been the subject of three amendments, a motion for judgment on the pleadings, and a demurrer. The operative Third Amended Complaint (“TAC”), filed June 8, 2021, sets forth claims for (1) whistleblower retaliation (Lab. Code §...

Excerpt: ...ON TO COMPEL ARBITRATION Date: July 22, 2021 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendants Sam Agha, Mohammad Reza Aghamohammadi, and Brandon Agha RESPONDING PARTY: Plaintiffs Mohammad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers. BACKGROUND The present action arises out of alleged wrongful actions in connection with the purchase of a car dealership. On August 21, 2018, Mohammad Saeid Ajili...

Excerpt: ...iff Albert Robles (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On October 29, 2020, Plaintiff, who is self-represented in this action, filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. The complaint arises f...

Excerpt: ...considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Joyce Faye Atlas initiated this action on April 16, 2021, arising from the allegedly fraudulent taking of Plaintiff's home. Plaintiff filed the complaint against defendants Mike H. Davidyan and Carlos Mauricio Lemus, asserting causes of action for: (1) fraud; (2) undue influence; (3) financial abuse; (4) cancellation of instruments; (5) return of property to elder or depend...

Excerpt: ...he Watkins Group, LLC; and Watkins Group and Associates Insurance Marketing LLC (collectively “Watkins Defendants”) RESPONDING PARTY: Plaintiffs Ann E. Amis, as successor trustee of The HGS 1996 Revocable Trust and CGC Investment Group, Inc. (collectively “Plaintiffs”) The Court has considered the moving papers and notice of non-opposition. BACKGROUND On November 14, 2019, Plaintiffs commenced this action against the Watkins Defendants, K...

Excerpt: ...position, and reply papers. BACKGROUND This is a defamation action. Plaintiff filed a complaint alleging causes of action for: (1) libel per se; and (2) false light. The complaint alleges that: (1) Plaintiff owns Touch of Magic Magical Cleaning, LLC; and (2) in or about February 10, 2020, Defendant published a video, of and concerning Plaintiff, that Plaintiff threatened employees and that Plaintiff owes several employees up to $6,000.00 in past ...

Excerpt: ...d PLS Financial Services, Inc. (“PLS Financial”) RESPONDING PARTY: Plaintiff Blanca Diaz The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 28, 2018, Plaintiff Blanca Diaz filed a Complaint alleging nineteen causes of action arising from Plaintiff's employment with Defendant PLS Financial. On April 29, 2021, the Court issued a minute order following an IDC that ordered the parties to meet and confer as to th...

Excerpt: ...lare Group Inc. a/k/a Flare Group Corporation (“Flare Group”); Flare Holdings LLC a/k/a Flare Holdings, LLC (“Flare Holdings”); Eng Tan a/k/a Shaun Tan (“Shaun Tan”) and Peng Tan (sometimes collectively, the “Tan Defendants”) RESPONDING PARTY: Plaintiff Rooke Corp. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Rooke Corp. filed this action against Defendants Flare Group, Flare Holdings, an...

Excerpt: ...ne Set MOVING PARTY: Plaintiff/Defendant in Intervention Maria E. Duarte Juarez (“Juarez”) RESPONDING PARTY: Plaintiff-Intervenor Academy of Motion Picture Arts and Sciences (“Academy”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 25, 2020, a money judgment was entered against Defendant David Ward (“Ward”) by Juarez in the total amount of $82,269.94. On September 18, 2020, Ward was served with ...

Excerpt: ...��)[1] (collectively, “Ullman Defendants”) RESPONDING PARTY: Plaintiffs SGISMFEDERAL, LLC and Shanfeld Group, Inc. (collectively, “Plaintiffs”) 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 Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a Complaint alleging the following causes of...

Excerpt: ...ndants”) RESPONDING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus, individually and as heirs of Vincent Paul Martin, deceased (collectively, “Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint alleges the following causes of action: (1) violations of the Elder and Dependent Adult Civil Protection Act; (2) negligence; (3) wrongf...

Excerpt: ...llize Schwartz De Talavera The Court has considered the moving, opposition, and reply papers. BACKGROUND On May 15, 2020, Plaintiff Annellize Schwartz De Talavera (“Plaintiff”) filed a Complaint alleging eight causes of action against Defendant Community Thrift Store, Inc. (“Defendant”) relating to her employment with Defendant. Defendant moves the Court to compel Plaintiff's Independent Mental Examination (“IME”). DISCUSSION Standard...

Excerpt: ...t, LLC (“Trinity Risk”), Knight Management Group, Inc. and Labornow, Inc. (collectively the “Trinity Parties”) RESPONDING PARTY: Plaintiffs/Cross-Defendants Simplified Labor Staffing Solutions, Inc.) and Simplified Staffing Labor Solutions, LLC (collectively “Simplified”). The Court has considered the moving, opposition, and reply papers. BACKGROUND This is a breach of contract action involving many parties, multiple pleadings, and mu...

Excerpt: ...ing and opposition papers. No reply was filed. BACKGROUND On April 8, 2021, Plaintiffs Scott Jacoby and Michael Hertz (collectively “Plaintiffs”) filed a Verified Complaint alleging causes of action for forcible entry and forcible detainer against Defendants Erica Fenwick and Craig Russell (“Defendants”). The Complaint alleges in pertinent part at follows. Plaintiffs and US Bank are the owners of the real property located at 6917 Pacific ...

Excerpt: ...ez The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 5, 2021, Plaintiff Shelley Iniguez ("Plaintiff") filed this action's complaint again defendants Ohio Security Insurance Company ("Ohio Security") and 3 Generations Insurance Agency, Inc., formerly known as Bowermaster & Associates Insurance Agency, Inc., (“3 Generations"). This action is based upon Plaintiff's contention that she was entitled to Underin...

Excerpt: ...oving, opposition, and reply papers. BACKGROUND Plaintiff filed a Complaint against Defendant alleging the following causes of action: (1) conversion, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief (“EBG Action”). The EBG Action is related to the case styled as Daniel Salin v. Exposition Bar Group, LLC, et al., Case No. 20STCV35819 (“Salin Action”). The parties have agreed to consolidate the EBG Action and Salin ...

Excerpt: ...sition, and reply papers. BACKGROUND On November 3, 2020, Plaintiff Withy, Inc. (“Plaintiff”) filed a Complaint. The operative pleading is the Second Amended Complaint (“SAC”) which was filed on April 15, 2021. The SAC alleges causes of action for (1) breach of written contract, (2) breach of oral contract, (3) account stated, (4) open books account, (5) goods rendered, (6) conversion, (7) false promise, (8) negligent misrepresentation ag...

Excerpt: ...�Defendants”) RESPONDING PARTY: Plaintiff Edgar A. Cancinos (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an employment action. Plaintiff filed a complaint alleging the following causes of action: (1) disability discrimination in violation of FEHA; (2) failure to provide reasonable accommodation in violation of FEHA; (3) failure to engage in good faith interactive process in violation of...

Excerpt: ...thern California RESPONDING PARTY: Plaintiff Edgar Dionicio Calderon, by and through his Successor in Interest, Edgar Roberto Calderon The Court has considered the moving and opposing papers. No replies were filed. BACKGROUND This is an action arising from the death of Edgar Dionicio Calderon during a hospital stay. On April 19, 2021, Plaintiff commenced this action against Defendant for elder abuse. On May 24, 2021, Plaintiff amended the Complai...

Excerpt: ...tion, and reply papers. BACKGROUND On March 22, 2021, judgment was entered in this action in favor of Plaintiff and against Defendant. On April 12, 2021, Plaintiff filed and served a memorandum of costs seeking $1,615,530.58 in costs. On May 3, 2021, Defendant filed and served a motion (the “Motion”) to tax costs and the Motion challenges various items of costs stated in Plaintiff's memorandum of costs as follows: (1) surety bond premiums; (2...

Excerpt: ...y Inc. (erroneously sued as Nijar Realty Inc., also known as PAMA Management Co.) RESPONDING PARTIES: Plaintiffs Stephanie Nelson (“Nelson”), individually and as guardian ad litem for Blake Nelson, a minor; and Nicholas Howell (“Howell”), individually and as guardian ad litem for Nicholas Howell Jr., a minor The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 15, 2020, Plaintiffs filed a complaint arisin...

Excerpt: ...r America (“HMA”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging the following causes of action: (1) breach of contract; (2) common counts; (3) fraud; (4) declaratory relief; and (5) involuntary dissolution of limited liability company. On April 23, 2021, after hearing oral argument, the Court granted HMA's motion for leave to intervene ...

Excerpt: ...a Martin; Elizabeth Gagliano; and Kathryn Sessinghaus, individually and as heirs of Vincent Paul Martin, deceased The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint alleging the following causes of action: (1) violations of the Elder and Dependent Adult Civil Protection Act; (2) negligence; (3) wrongful death; (4) fraudulent concealment; and (5) fraudulent misrepresentation. On July 1, 2020,...

Excerpt: ... Davis The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken against Plaintiffs during Plaintiffs' employment with Defendants. Moving Defendant filed a motion (the “Motion”) for an order quashing the subpoena (the “Subpoena”) issued by Plaintiffs seeking privileged attorney-client records. The Motion is brought on the grounds that the requested discov...

Excerpt: ...even Lipscomb, an individual and successor-in-interest to The Estate of Nikista Walker Lipscomb The Court has considered the moving, opposition, and reply papers. While filed late, the Court exercises its discretion and will consider Plaintiff's opposition to the demurrer filed by Pullarkat. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) wrongful death; (2) professional negligence; (3) negligence; and (4) loss of con...

Excerpt: ...ndant 1 and erroneously sued as Employbridge Holding Company (“EHC”)); Employbridge, LLC (“ELC”); Remedy Intelligent Staffing, LLC (“Remedy”); Westaff Workforce Solutions, LLC (“WWS”); Westaff (USA), Inc (“WUI”).; and Westaff, Inc (“WSI”). RESPONDING PARTY: Plaintiff Walfred L. Espeseth The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a representative action alleging a sole caus...

Excerpt: ...moving, opposition, and reply papers. BACKGROUND Petitioner filed a petition (the “Petition”) for an order granting Petitioner relief from the claim filing requirements of Gov. Code § 945.4 so that Petitioner can file an action in this Court against Respondent. The Petition is made on the grounds that Petitioner's failure to file a timely claim was due to her mental and physical incapacitation as well as her reasonable fear of the COVID-19 p...

Excerpt: ...ual capacity, but solely as trustee for MFRA Trust 2016-1 (the “Fay Defendants”) RESPONDING PARTY: Plaintiff Aberrahmane Ferhat The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) breach of fiduciary duty and conspiracy to breach fiduciary duty; (2) intentional infliction of emotional distress; (3) construct...

Excerpt: ... PARTY: Plaintiff Pamela Rosenthal The Court has considered the moving, opposition, and reply papers. BACKGROUND On March 12, 2020, Plaintiff filed a complaint alleging a sole cause of action for breach of contract. On August 13, 2020, a proof of service was filed stating that Clemens was served with the summons and complaint at 811 Soulagiana Court, Los Angeles, CA 90059 (the “Service Address”) by substituted service. On August 13, 2020, a p...

Excerpt: ...56 FSC: July 20, 2021 Non-Jury Trial: August 3, 2021 MOVING PARTY: Defendant Claremont Graduate University (“Moving Defendant”) RESPONDING PARTY: Plaintiff Seo Bin Hong The Court has considered the moving and opposition papers[1]. 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 Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint alleging ...

Excerpt: ...d reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) violation of subdivision (d) of Civ. Code § 1793.2; (2) violation of subdivision (b) of Civ. Code § 1793.2; (3) violation of subdivision (a)(3) of Civ. Code § 1793.2; (4) breach of express written warranty; (5) breach of the implied warrant of merchantability; and (6) fraud by omission. Defendant filed a demurrer to the third and sixth causes of...

Excerpt: ...ered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act; and (2) breach of express warranty under Song-Beverly Warranty Act. The complaint arises from an allegedly defective 2017 Toyota Sienna (the “Subject Vehicle”). Moving Defendant filed a demurrer to the first and second causes of action in the ...

Excerpt: ...e Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) fraud—intentional misrepresentation; (2) fraudulent deceit; (3) constructive fraud; (4) negligent misrepresentation; (5) failure to disclose; (6) breach of the implied covenant of good faith and fair dealing; (7) breach of contract; (8) breach of express warranty; (9) for rescission of purchase agr...

Excerpt: ...dez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges eight causes of action against Defendants arising from Plaintiff's employment. Moving Defendant filed a motion to compel arbitration of all of Plaintiff's causes of action and to stay litigation (the “Motion”) on the grounds that the parties entered into valid and enforceable written arbitration agreements (collectively, the “Agre...

Excerpt: ...tin Ashcraft (“Plaintiff”) RESPONDING PARTIES: Defendants and Cross-Complainants Get Messy, Inc. (“GMI”) and Brian K. Begin (“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 Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint arising from his employment with D...

Excerpt: ...reply papers. Plaintiff makes an incorrect argument that the opposition was filed and served late. The proof of service shows that the opposition was served on May 21, 2021, which is nine court days before the hearing. The opposition to the motion was filed and served in a timely manner under Code Civ. Proc. § 1005(b). BACKGROUND On April 8, 2021, after hearing oral argument, the Court granted Defendants' motion for terminating sanctions and mon...

Excerpt: ..., and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) nonpayment of overtime compensation; (2) failure to provide meal and rest breaks; (3) discrimination in violation of FEHA; (4) failure to reasonably accommodate; (5) failure to engage in an interactive process; (6) harassment in violation of FEHA; (7) retaliation in violation of FEHA; (8) failure to prevent...

Excerpt: ...lavitz The Court has considered the moving, opposition, and reply papers. BACKGROUND The initial complaint in this action was filed on October 9, 2019. On January 25, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”), alleging the following causes of action: (1) breach of contract; (2) breach of implied warranty of habitability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) breach of statutes; (6) ...

Excerpt: ... 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 Code Civ. Proc. § 1005(b). BACKGROUND Default was entered against Defendant on November 17, 2020 and default judgment was entered against Defendant on December 16, 2020. On May 5, 2021, Defendant filed a motion (the “Motion”) for an order setting asi...

Excerpt: ...DING PARTY: Plaintiff Brandon Ligthart The Court has considered the moving, opposition, and reply papers as to the demurrer. No opposition papers were filed as to the motion to strike, and such motion is therefore unopposed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) al...

Excerpt: ...DING PARTY: Plaintiff Brandon Ligthart The Court has considered the moving, opposition, and reply papers as to the demurrer. No opposition papers were filed as to the motion to strike, and such motion is therefore unopposed. Any opposition papers were required to have been filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) al...

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 Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) quantum meruit; (2) open book account; (3) account stated; and (4) account stated. Defendant filed a demurrer to each cause of action in the SAC. MEET AND CONFER The m...

Excerpt: ...he moving, opposition, and reply papers. Additionally, although the opposition memorandum is 18 pages in length—which is beyond the 15-page limit articulated in Cal. Rules of Court, Rule 3.1113(d)—the Court will consider Plaintiff's opposition in its entirety. BACKGROUND On October 29, 2020, Plaintiff filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4)...

Excerpt: ...sidered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed six unopposed discovery motions. One of the motions is directed at Defendant Mohammed Kazemi (the “Kazemi Motion”) and the remaining five motions are directed at Defendant Moka Auto Show Inc. (“Moka”). Each motion se...

Excerpt: ...ner/Plaintiff Jack Benjamin (“Plaintiff”) 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 prior to the hearing under Code Civ. Proc. § 1005(b). BACKGROUND On February 13, 2020, Plaintiff filed the operative First Amended Complaint/Petition (the “FAC”) alleging causes of action for: (1) writ of mandate pursuant to C...

Excerpt: ...ert, Jack Edjourian, and The Plug RESPONDING PARTIES: Defendants and Cross-Complainants Chronicpractor Caregiver, Inc.; Daniela Alexander; and Eric Loyola The Court has considered the moving, opposition, and reply papers. BACKGROUND Cross-Complainants filed a cross-complaint alleging the following causes of action: (1) breach of contract; (2) breach of fiduciary duty of loyalty; (3) breach of fiduciary duty of care; (4) aiding and abetting breach...

Excerpt: ...ug The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate, and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) retaliation in violation of the California Whistleblower Protection Act (the “CWPA”). Defendant filed a demurrer to the second and s...

Excerpt: ...reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) whistleblower retaliation in violation of Lab. Code § 1102.5; (2) intentional interference with prospective economic advantage; (3) intentional infliction of emotional distress; and (4) negligence. Defendant filed a demurrer to each cause of action in the SAC. MEET AND CONFER The meet and confer requirement has...

Excerpt: ... Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) violation of subdivision (d) of Civ. Code § 1793.2; (2) violation of subdivision (b) of Civ. Code § 1793.2; (3) violation of subdivision (a)(3) of Civ. Code § 1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud by omission; and (7) neglig...

Excerpt: ... and Hooman Nissani (“Nissani”) (“Moving Defendants”) RESPONDING PARTY: Plaintiff Lilia Garcia-Brower, in her official capacity as California State Labor Commissioner, Division of Labor Enforcement, Department of Industrial Relations, State of California The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) failure ...

Excerpt: ...Goodman (the “Goodmans”) RESPONDING PARTY: Defendant and Cross-Complainant Beyond Meat, Inc. (“BMI”) The Court has considered the moving, opposition, and reply papers as to both motions. BACKGROUND DLF filed the operative Third Amended Complaint (“TAC”) which arises from an alleged breach of an Exclusive Supply Agreement (the “ESA”). DLF filed the TAC against Defendants alleging causes of action for: (1) breach of contract; (2) de...

Excerpt: ...ions and Holdings, LLC (“PAH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging a sole cause of action for breach of contract. This is an action arising from Defendants' alleged breach of a commercial lease by making alterations to the premises. On May 9, 2019, after hearing oral argument, the Court sustained the demurrer filed by PAH and ...

Excerpt: ...Moving Defendant”) RESPONDING PARTY: Plaintiff Jeremy Vitug The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) elder abuse/neglect in violation of WIC § 15600 et seq.; and (2) negligence. Moving Defendant filed a demurrer to the first cause of action in the complaint, as well as a motion to strike. MEET AND CONFER The meet and confer requirement has be...

Excerpt: ...eco The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) negligent hiring, retention, supervision, and/or failure to terminate; (2) assault; (3) battery; (4) intentional infliction of emotional distress; (5) general negligence; and (6) negligence—premises liability. Moving Defendant filed a demurrer to the firs...

Excerpt: ...mmad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers[1]. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging the following causes of action: (1) breach of contract; (2) common counts; (3) fraud; (4) declaratory relief; and (5) involuntary dissolution of limited liability company. Defendants filed a demurrer to the first through fourth causes of action in the TAC,...

Excerpt: ...s; and Binoy Kothari RESPONDING PARTY: Plaintiff Rianna Paseri The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) retaliation in violation of Lab. Code § 6310; (2) retaliation under Lab. Code § 1102.5; (3) intentional infliction of emotional distress; (4) wrongful termination of public policy; (5) defamation per se; (6) fraudulent concealment; (7...

Excerpt: ...ael Adan Ayala Martinez (“Martinez”) (collectively, the “Martinez Defendants”); Bruce Indermill (“Indermill”); Branden Hendricks (“Hendricks”); and Christian Church (Disciples of Christ) Pacific Southwest Region (“PSR”) RESPONDING PARTY: Plaintiff Tamu Blackwell The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) violation of civil righ...

Excerpt: ...y, LLP (“Malone”) (collectively, the “Simon Defendants”) RESPONDING PARTIES: Plaintiffs Ara Kiupelian and Vardan Kiupelian The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND On February 28, 2020, Plaintiffs filed a Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) fraud; and (2) general negligence. On August 28, 2020, Plaintiffs filed Doe Amendments su...

Excerpt: ...G PARTY: Plaintiff Carole Siegel The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an alleged slip and fall, with causes of action for: (1) premises liability; and (2) negligence. The complaint alleges, in part, that Plaintiff slipped and fell on deteriorating steps that lacked a hand railing which presented a dangerous condition at Defendant's premises located at or about 3997 6th Str...

Excerpt: ...Aghamohammadi, and Brandon Agha (the “Agha Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On October 29, 2020, after hearing oral argument, the Court granted the Agha Defendants' motion for an order avoiding involuntary dissolution, staying the proceeding, fixing the value of Plaintiffs' ownership interests in Defendant Patriot Hyundai of El Monte, LLC (“Patriot”), and allowing statutory buy-out...

Excerpt: ..., opposition, and reply papers. BACKGROUND On October 29, 2020, Plaintiff filed a complaint alleging the following causes of action: (1) defamation per se; (2) defamation per quod; (3) libel under Civ. Code § 45; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. Plaintiff filed a proof of service which shows that the complaint was served on Defendants on November 8, 2020 and November 9, 2020, r...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND Moving Defendant filed the following three discovery-related motions: (1) a motion to compel Plaintiffs' responses to Moving Defendant's request for production of documents, set one (the “Request for Production Motion”); (2) a motion to compel Plaintiffs' responses to Moving Defendant's special interrogatories, set one (the “Special Interrogatories Motion”); and (3) a motion to compel Pla...

Excerpt: ... and Karl Van Den Berg (Doe 2) (“Van Den Berg”) RESPONDING PARTIES: Plaintiffs Shantel Ray; Latefa Brown; Andre Lee; Dawn Jackson; Dewayne Ray; Howard Dyson; Wendy Menendez; Anthony Dalton; Bobby Miller; and Verlton Glaspie 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 prior to the hearing under Code Civ. Proc. § 100...

Excerpt: ...guyen aka Joseph DeStatte The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) fraud; (2) negligent misrepresentation; (3) conversion; and (4) unjust enrichment. Plaintiff filed a motion (the “Motion”) for an order granting Plaintiff leave to file a First Amended Complaint (“FAC”). Contrary to Defendant's argument in the opposition papers, th...

Excerpt: ...ARTY: Defendant Young Men's Christian Association of Metropolitan Los Angeles (“Moving Defendant”) RESPONDING PARTY: Plaintiff Matthew Nyden The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) Lab. Code § 98.6; (2) wrongful termination in violation of public policy; (3) failure to timely pay wages during employment; (4) failure to pay all wages...

Excerpt: ...ith Godessoff The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) elder abuse under WIC § 15610 et seq.; (2) intentional infliction of emotional distress; (3) breach of written contract; and (4) conversion. Defendants filed a demurrer to each cause of action in the FAC, as well as a motion to strike. MEET AND CONFER The ...

Excerpt: ...o Lopez (“Lopez”) RESPONDING PARTY: Plaintiff Juan Antonio Beltran Lopez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging causes of action for: (1) negligence; and (2) negligence per se. Defendants filed a cross-complaint alleging causes of action for: (1) implied indemnity; (2) equitable indemnity; (3) contribution; (4) declaratory relief; and (5) apportionment. On February 26...

Excerpt: ...PONDING PARTIES: Plaintiffs Melina Cameron (“Cameron”) and Malachi Jones (“Jones”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) negligence; (2) negligent hiring, retention, and supervision; (3) violation of Unruh Civil Rights Act; (4) discrimination in business dealings; and (5) violation of Ral...

Excerpt: ... Anthony Kim The Court has considered the moving, opposition, and reply papers. BACKGROUND This action was commenced on August 28, 2020, when Plaintiff filed the initial complaint in this action. Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) retaliation in violation of Lab. Code § 1102.5; (2) hostile work environment harassment; (3) wrongful termination in violation of the Fair Employment an...

Excerpt: ...isitions and Holdings, LLC (“PAH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging a sole cause of action for breach of contract. This is an action arising from Defendants' alleged breach of a commercial lease by making alterations to the premises. On May 9, 2019, after hearing oral argument, the Court sustained the demurrer filed by PAH ...

Excerpt: ..., and reply papers. BACKGROUND MBB filed a complaint arising from: (1) Hines v. MBB, LASC Case No. 16K15374 (the “Hines Action”); and (2) Navarrete v. MBB, LASC Case No. 16K15476 (the “Navarrete Action”) (collectively, the “Underlying Actions”), alleging a sole cause of action for declaratory relief. The complaint alleges that: (1) a judgment was entered against MBB as to the Underlying Actions; (2) an actual controversy has arisen be...

Excerpt: ...ed the moving, opposition, and reply papers. BACKGROUND On October 23, 2020, the Court held a hearing on Defendants' motion to compel Plaintiff to produce verifications for her responses to Defendants Requests for Production, Requests for Admission, Special Interrogatories, and Form Interrogatories (collectively, the “Discovery”), as well as Defendants' request for monetary sanctions in the amount of $4,738.56. The Court denied the motion in ...

Excerpt: ...on (“Albinson”); Matthew Burwood (“Burwood”); Emergent Indonesia Opportunity Fund (“EIOF”); Emergent Capital Partners LLC (“ECPL”); Emergent Capital Management (“ECM”); Live Oak Ventures LLC (“LOV”); and Big Sky Venture Capital V LLC (“BSV5”) RESPONDING PARTIES: Plaintiffs and Cross-Defendants Sealutions, LLC (“Sealutions”) and The Grain Collective, LLC (“TGC”) (collectively, “Plaintiffs”) The Court has con...

Excerpt: ... Withy, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following ten causes of action: (1) breach of written contract; (2) breach of oral contract; (3) account stated; (4) open book account; (5) goods rendered; (6) conversion; (7) false promise; (8) intentional misrepresentation; (9) negligent misrepresentation; and (10) breach of im...

Excerpt: ...IES: Plaintiffs Scott McMullin and Michele McMullin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) negligence; (2) negligent misrepresentation; and (3) concealment—failure to disclose. Moving Defendant filed a demurrer to the second and third causes of action in the SAC, as well as a motion to strike po...