Excerpt: ...Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' operative second amended complaint (the “SAC”) alleges three causes of action arising under the Song-Beverly Act. On November 28, 2022, Plaintiffs filed a motion for attorney's fees (the “Motion”) pursuant to Civil Code section 1794, subdivision (d). Plaintiffs seek: (1) attorney's fees in the amount of $150,524.25; and (2) costs in the...

Excerpt: ...cy”), and Skyline Outdoor Media, LLC (“Skyline”) (collectively, the “Regency Defendants”); (2) Defendant NTGS Acquisition, LLC (“NTGS”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. The currently operative fourth amended complaint (the “4AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good fai...

Excerpt: ...”); (2) Defendant/Cross-Complainant Regency Outdoor Advertising, Inc. (“Regency”) RESPONDING PARTIES: (1) Regency; (2) the City The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns billboard structures (the “Billboards”) located in Pomona that are operated by Regency. Plaintiffs' currently operative sixth amended complaint (the “6AC”) alleges: (1) declaratory relief, injunctive relief and...

Excerpt: ...t” or the “City”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automobile accident. The currently operative second amended complaint (the “SAC”) alleges: (1) negligence; (2) product liability; and (3) wrongful death and survival action. Moving Defendant's default was entered on October 17, 2022. On December 27, 2022, Moving filed a motion t...

Excerpt: ...ers 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 an employment relationship. The currently operative first amended complaint (the “FAC”), filed on June 2, 2022, alleges: (1) violation of the Americans with Disabilities Act; (2) violation of Title VII of the Civil Rights Act; (3) in...

Excerpt: ...reply 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 Agr...

Excerpt: ...haltiel”) (collectively, “Plaintiffs”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) defamation per se; and (2) defamation per se. In relevant part, the Complaint alleges: Ely is the sole trustee and chairman of Kehillat Teman Nadlan Corporation (“Teman”), a religious nonprofit that owns real property located in Los Angeles that is used as a synag...

Excerpt: ...n Sherazee (“Adnan”), Am'am Sherazee (“Am'an”), and Sabir Badami (“Badami”) (collectively, “Defendants”)[1] The Court has considered the moving, opposition, reply and sur-reply papers.[2] BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) conversion. In relevant part, the Complaint alleges: On around April...

Excerpt: ...ers were filed. Any reply papers were required to have been filed and serve at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).[1] BACKGROUND This action arises out of a former attorney-client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written contract; (2) common count – goods and services rendered; and (3) common count – account...

Excerpt: ...�Moving Defendant”) RESPONDING PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: violation of Civil Code section 52.1; (2) violations of 42 USC section 1983; (3) municipal liability – failure to train; (4) Fourth Amendmen...

Excerpt: ... 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 On November 7, 2022, Plaintiff filed a complaint (the “Complaint”) to establish the Court's jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery pursuant to Insurance Code section 11580.2, subdivision (f). On November 9, 2022, Plaintiff file...

Excerpt: ...iversity (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. On October 18, 2022, Defen...

Excerpt: ...apers 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 an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) civil penalties under the Private Attorneys General Act (“PAGA”). On August 12, 2022, Moving...

Excerpt: ...PONDING PARTY: Defendant/Cross-Complainant Samari Doby (“Doby”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 21, 2019, MCSG filed a complaint (the “Complaint”) alleging breach of contract. On September 3, 2019, Doby filed a cross-complaint (the “XC”) alleging professional negligence (medical malpractice). The XC alleges: Doby received medical care from MCSG beginning on November 2, 2016. (XC ¶�...

Excerpt: ... 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).[1] BACKGROUND On November 16, 2022, the Court granted Moving Defendant's motion to disqualify Twila S. White (“White”) as Plaintiff's counsel (the “DQ Motion”). On December 1, 202...

Excerpt: ... reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) medical malpractice; and (2) medical battery. In relevant part, the Complaint alleges: On September 9, 2021, Plaintiff visited Moving Defendant's office to receive a pap smear exam. (Complaint ¶ 9.) Before beginning the procedure, Moving Defendant asked Plaintiff questions about her religious beliefs and abruptly inserted multiple fingers inside Plaintiff's vagina...

Excerpt: ...ties”) RESPONDING PARTY: Defendants Brian Paya (“Mr. Paya”), Bita Paya (“Ms. Paya”), and The Paya Family 2013 Revocable Trust (collectively, the “Paya Defendants”) 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) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common...

Excerpt: ... or “Pomona”) RESPONDING PARTY: Defendant/Cross-Complainant/Cross-Defendant Real Party in Interest, Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns billboard structures (the “Billboards”) located in Pomona that are operated by Regency. On November 17, 2022, Regency filed a cross-complaint (the “XC”) alleging two causes of action for dec...

Excerpt: ...d Cucine Italia, Inc. (“Pedini”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff initiated this action on July 26, 2019. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud; (3) breach of fiduciary duty; (4) constructive fraud;...

Excerpt: ... Craig Calman (“Calman”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This consolidated action consists of five actions arising out of a landlord/tenant relationship at a residential property (the “Property”) owned and managed by Defendants. On March 8, 2021, Calman filed a complaint (the “Calman Complaint”) in the case styled as Craig Calman v. Keum Nam Chang, et al., L...

Excerpt: ...sition of Plaintiff A.C. (“A.C.”), who is the plaintiff in the related/consolidated action entitled A.C. v. Los Angeles Unified School District, et al., LASC Case No. 20STCV01832. Defendant Los Angeles Unified School District (“LAUSD”) filed a motion to compel A.C.'s deposition (the “MTC”) and A.C. filed a motion for protective order (the “MPO”) (collectively, the “Motions”). MOVING PARTIES: (1) LAUSD; (2) A.C. RESPONDING PART...

Excerpt: ...on Irons; Max Greenbriar Properties, LLC; Max Le Grande Properties, LLC, (MLGP”); Max Valley Properties LLC and SVN Vanguard (collectively, “Moving Defendants”) [2] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the estate and affairs of Mahomed Gaffoor (“Decedent”). The currently operative first amended complaint (the “FAC”) alleges: ...

Excerpt: ...as considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) intentional infliction of emotional distress; (2) negligence (negligent hiring and/or retention/failure to warn, train, or educate; (3) breach of fiduciary duty; (4) constructive fraud; and (5) sexual battery. [1] In relevant part, the Complaint alleges: While Plaintiff was a student at an elementary school within Moving Defe...

Excerpt: ...ROUND The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to furnish accurate itemized wage statements; (6) failure to pay compensation due upon separation; and (7) violation of California Business and Professions Code section 17200. On December 25, 2022, Moving Defendants ...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises out of an automobile accident. The currently operative first amended complaint (the “FAC”) alleges: (1) motor vehicle; (2) general negligence. On December 14, Plaintiff filed a motion for trial preference (the “Motion”) pursuant to California Code of Civil Procedure (“CCP”) section 36, subdivision (a) on the grounds that: (1) Plaintiff is over 70 years o...

Excerpt: ...G PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On February 17, 2021, Plaintiffs filed a complaint (the “Complaint”) alleging: (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)...

Excerpt: ...red the moving, opposition and reply papers. The Court's records indicate that Plaintiff's opposition (the “Opposition”) was filed on December 23, 2022. The Proof of Service attached to the Opposition states that Moving Defendant's counsel was served with the Opposition by email on December 23, 2022. Moving Defendant's reply (the “Reply”) provides evidence that Moving Defendant's counsel did not receive a copy of the Opposition by email a...

Excerpt: ... RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This 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 as a patient at a nursing facility. The currently operative fourth amended complaint (the “4AC”), filed on March 21, 2022, alleges: (1) violations of the ...

Excerpt: ...e moving, opposition and reply papers.[1] BACKGROUND This action arises out of the lease of an employment relationship. On December 13, 2022, Moving Defendant filed a motion to compel Plaintiff's deposition (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2025.450, where a deponent fails to attend a deposition and produce documents, an opposing party can ask the court to order the deponent's attendance a...

Excerpt: ...Serobyan (“Serobyan”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) assault; (2) fraud; (3) breach of lease; and (4) negligence. Moving Defendants filed a demurrer to the SAC (the “Demurrer”) on the grounds...

Excerpt: ...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 On September 9, 2020, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debtor's insolvency; (4) common law fraudulent transfer; (5) a...

Excerpt: ...urt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 30, 2021, Plaintiff filed a complaint (the “Complaint”) asserting representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On December 7, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground that...

Excerpt: ...: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act. On August 19, 2022, the Court ruled on Moving Defendants' special motion to strike portions of the SAC (the “anti-SLAPP Motion”). The Court granted the anti-SLAPP Motion to seven out of the 18 claims being challenged by Moving Defendants. On October 3, 2022, M...

Excerpt: ... Defendant”) RESPONDING PARTIES: Plaintiff/Cross-Defendant Sea Level, LLC (“Sea Level”) and Cross-Defendants Peter Mertz and T.R. Youngblood (collectively, the “Sea Level Parties”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. On August 13, 2020, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written contract; (2) breach of impli...

Excerpt: ...endant”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On February 17, 2021, Plaintiffs filed a complaint (the “Complaint”) alleging: (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 sec...

Excerpt: ...sition 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). On December 27, 2022, after the CCP section 1005 deadline expired, Defendant Mike H. Davidyan (“Defendant”) filed a declaration stating that he has been sick. This declaration does not otherwise address the merits of the moving papers. BACKGROUND This ac...

Excerpt: ...osition and reply papers. The Court exercises its discretion and has considered Defendants' opposition (the “Opposition”) notwithstanding that it was filed one day after the deadline set forth by California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of injuries Plaintiff sustained after being struck by a car while he was working. On August 3, 2022, the Court granted Defendants' motion ...

Excerpt: ...efendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) financial elder abuse. In relevant part, the FAC alleges: Plaintiffs are the nieces and successors in interest of Elisa Carbajal (“Decedent”), who died on May 26, 2021. (FAC ¶¶ 1, 9.) Between 2000 through 2018, Decedent held an ownership interest ...

Excerpt: ...: Defendant KLM, Inc. (“KLM”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged damage to Plaintiff's residential property. On March 21, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence; (2) strict liability; and (3) lateral support. The Complaint alleges that construction at Plaintiff's neighbor's property caused Plaintiff's property to be damaged. O...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective vehicle. The currently operative second amended complaint (the “SAC”) alleges various violations of the Song-Beverly Act, fraud by omission, and negligent repair. On November 7, 2022, Moving Defendants filed a motion to compel Plaintiff's deposition (the “Motion”) and for monetary sanct...

Excerpt: ...c., and PennyMac Mortgage Investment Trust (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 4, 2022, Plaintiff filed a complaint (the “Complaint”) alleging seven causes of action for violations of the Fair Employment and Housing Act (“FEHA”). The Complaint alleges that Plaintiff ex...

Excerpt: ...raemer Revocable Trust (the “Trust”) and Thomas Kraemer (“Kraemer”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a construction project on real property (the “Property”). The complaint (the “Complaint”) alleges: (1) breach of contract; (2) professional negligence; (3) breach of fiduciary duty; (4) breach of contract; and (5) breach of fiduci...

Excerpt: ... 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 On June 6. 2016, Plaintiff filed a complaint (the “Complaint”) alleging subrogation. On October 14, 2022, Plaintiff filed a motion to vacate dismissal and enter judgment against Defendant Ricardo Jose Cordon (“Defendant”) (the “Motion”). DISCUSSIO...

Excerpt: ... papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND This action arises out of an allegedly unpaid loan obligation. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) common count (money lent). In relevant part, the Complaint alleges: On or about February 26,...

Excerpt: ...m Rogers (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff 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 Plaintiff initiated this action by filing a complaint (the “Complaint”) on November ...

Excerpt: ... required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises from an employment relationship. The currently operative first amended complaint (the “FAC”) states a cause of action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of Plaintiff and all other aggrieved employees for various Labor Code vio...

Excerpt: ...”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This 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 as a patient at a nursing facility. The currently operative fourth amended complaint (the “4AC”), filed on March 21, 2022, alleges: (1) violations of ...

Excerpt: ... required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises from an employment relationship. The currently operative first amended complaint (the “FAC”) states a cause of action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of Plaintiff and all other aggrieved employees for various Labor Code vio...

Excerpt: ... Inc., (“Chronicpractor”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff/Cross-Defendant Aiden Sciandra (“Plaintiff”) The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship related to a marijuana dispensary. On November 10, 2022, Moving Defendants filed a motion to quash (the “Mo...

Excerpt: ...da M. Novelo (“Novelo”) (collectively, “Moving Plaintiffs”) RESPONDING PARTIES: Defendants Security National Commercial Capital, Inc. (“SNCC”) and Centaurus Financial Inc. (“Centaurus”) [1] The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 10...