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...

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...

Excerpt: ...Defendants”) RESPONDING PARTIES: Plaintiffs Ann E. Amis, as successor trustee of the HGS 1996 Revocable Trust and CGC Investment Group, Inc. The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to be filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a Second Amended Complaint (“SAC”) alleging the followin...

Excerpt: ...t, Inc. (“Lyft”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) motor vehicle; (2) general negligence; and (3) products liability. On October 6, 2020, the parties stipulated to the appointment of a special reference for a deposition discovery referee under Code Civ. Proc. § 638 for the limited assignment of: (1...

Excerpt: ...ta (“Gupta”) (collectively, “Defendants”) RESPONDING PARTY: Defendant and Cross-Defendant Devonshire Silver Plaza, LLC (“DSP”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 5, 2020, the Court entered judgment (the “Judgment”)[1] in favor of DSP and against Mehta and Gupta, jointly and severally, based upon arbitration proceedings held before the Honorable Michael C. Solner (Ret.). The Ju...

Excerpt: ...The court motions are denied as to the grounds that the verifications are insufficient. As to the substantive merits of the responses, Plaintiff served supplemental responses. Defendant was ordered to file a reply separate statement per the court's March 12, 2021 order. Without Plaintiff's supplemental responses as part of the record, the court cannot analyze the sufficiency of those responses. If the only issue is that Plaintiff's responses are ...

Excerpt: ...Defendants Peter Mertz (“Mertz”) and T.R. Youngblood (“Youngblood”) (collectively, “Cross-Defendants”) RESPONDING PARTY: Defendant and Cross-Complainant Datametica Solutions, Inc. (“Cross- Complainant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Cross-Complainant filed the operative First Amended Cross-Complaint (“FAXC”) alleging the following causes of action: (1) breach of contract; (2) com...

Excerpt: ...n Diego The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from an alleged defective 2018 Chevrolet Traverse, alleging causes of action for: (1) violation of the Song-Beverly Act—breach of express warranty; (2) violation of the Song-Beverly Act—breach of implied warranty; and (3) negligent repair. A Notice of Settlement was filed stating that a conditional settlement concerning th...

Excerpt: ...�CLW”) The Court has considered the moving papers. No opposition papers were filed. BACKGROUND Plaintiff filed the complaint in this action (the “Lead Case”) alleging the following causes of action: (1) breach of contract; (2) unfair competition under Bus. & Prof. Code § 17200 et seq.; (3) money owed and due; (4) declaratory relief; and (5) injunctive relief. On October 28, 2020, in Don Lee Farms v. CLW Foods, LLC, LASC Case No. 20STCV4139...

Excerpt: ...oving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges nine causes of action against Defendant arising from alleged wrongful actions during Plaintiff's employment with Defendant. Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that Plaintiff agreed to be bound by the Employee Dispute Resolution Plan (the “EDR Plan”) which contained an agreement to arbitrate, and makes the following argum...

Excerpt: ...ition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint[1] (“SAC”) alleging the following causes of action: (1) fraud—intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied in fact contract; (5) breach of implied covenant of good faith and fair dealing; (6) specific performance; (7) promissory estoppel; and (8) declaratory relief. Defendant filed a dem...

Excerpt: ...al, LLC (collectively, “Medipro”); Defendant Superior Court of California, County of Los Angeles (“LASC”) RESPONDING PARTIES: Plaintiffs Certified Nursing Registry, Inc.; Cristina Sy; Luzivim Labora; and Larry Greter The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) arising from alleged wrongful actions in the matter of Medipro Medical Staffing...

Excerpt: ... Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint (“FAC”) arises from an alleged defective 2012 Chevrolet Cruze (the “Subject Vehicle”), alleging causes of action for: (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civ...

Excerpt: ... Perez and Silvia O. Rosales RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from an alleged defective 2011 Chevrolet Cruze (the “Subject Vehicle”), alleging 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 warranty; and (3) viola...

Excerpt: .... BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) breach of contract; (2) open book account; (3) account stated; (4) account stated; (5) false promise; and (6) quantum meruit. Defendant filed a demurrer to each cause of action in the FAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER A demurrer tests the sufficiency of a complaint as a matter of law...

Excerpt: ...Anthony Kim 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) retaliation in violation of Lab. Code § 1102.5; (2) hostile work environment harassment; (3) wrongful termination in violation of the Fair Employment and Housing Act (“FEHA”); (4) wrongful termination in violation of public policy; (5) violation of Calif...

Excerpt: ...efendants FAA Beverly Hills, Inc. dba Beverly Hills BMW and BMW of North America, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint alleging the following causes of action: (1) breach of implied warranty of title violation of the Magnuson-Moss Warranty Act; (2) violation of Veh. Code § 5753, failure to deliver certificate of ownership; (3) fraud; and (4) intentional infliction of emoti...

Excerpt: ...ndividually and as Trustee of the Richard Meruelo Living Trust The Court has considered the moving, opposition, and reply papers. BACKGROUND Petitioner filed a motion to confirm arbitration award in Rosen and Associates, P.C. v. Richard Meruelo, Los Angeles Superior Court case number 19STCP03171 (the “Lead Case”) as to a final arbitration award entered in favor of Petitioner and against Respondent on June 26, 2019. In Richard Meruelo et al. v...

Excerpt: ...tively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Daniel Salin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with prospective economic advantage; (4) defamation; (5) conversion; (6) claim and delivery (writ of attachment);...

Excerpt: ...efendant Royal Business Bank (“RBB”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to be filed and served at least five court days before the hearing under Code Civ. Proc. § 1005(b). BACKGROUND RBB filed a memorandum of costs on December 8, 2020 in which RBB seeks total costs in the amount of $1,800.47. CBM filed a motion (the “Motion”) to tax costs listed in RBB's m...

Excerpt: .... BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) arising from Plaintiff's tenancy at a residential property located at 1818 Grismer Avenue #A, Burbank, CA 31504 (the “Subject Property”), alleging causes of action for: (1) breach of implied warranty of habitability; (2) negligence; (3) nuisance; (4) breach of warranty of quiet enjoyment; (5) retaliatory eviction in violation of Civ. Code § 1942.5(a); (6) retalia...

Excerpt: ...n (“Guzman”) RESPONDING PARTIES: Plaintiffs Cesar Romero and Tatiana Romero The Court has considered the moving papers and opposition papers. No reply papers were filed. Any reply papers were required to be filed and served at least five court days prior to the hearing. (Code Civ. Proc. § 1005(b).) BACKGROUND On August 5, 2015, Plaintiffs filed a complaint in this action. On January 12, 2021, the Court held a Final Status Conference and issu...

Excerpt: ...n (“CFI”) RESPONDING PARTIES: Plaintiffs Maria Roa and Jose Avalos Roa The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 23, 2019, Plaintiffs filed a complaint arising from an allegedly defective 2014 Ford Flex (the “Subject Vehicle”). Plaintiffs filed the operative Second Amended Complaint (“SAC”) alleging the following causes of action: (1) violation of the Song-Beverly Act—breach of express wa...

Excerpt: ...PONDING PARTY: Non-Party Los Angeles Police Department (“LAPD”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND The operative Second Amended Complaint (“SAC”) alleges the following cause of action: (1) battery; (2) assault; (3) false imprisonment; (4) negligence; (5) negligent supervision; and (6) premises liability. The SAC arises from Plaintiff attempting to enter the “VIP” area at a...

Excerpt: ...ving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged damage to Plaintiff's property located at 2028 N. Sanborn Avenue, Los Angeles, California (the “Property”) and Plaintiff filed the initial complaint on July 9, 2020. Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) inverse condemnation; (2) negligence; and (3) nuisance. Defendant filed a demurr...

Excerpt: ...g Company, LLC (“FHC”) RESPONDING PARTY: Defendant and Judgment Debtor Sharam Tabibnia (“Defendant”) The Court has considered the moving, opposition, and reply papers. The opposition papers were not filed with a proof of service. While FHC addressed the arguments raised by Defendant in its reply papers, Defendant is to provide the Court with a filed proof of service as to the opposition papers. BACKGROUND On February 7, 2014, an amended j...

Excerpt: ...y, Inc. (“PAFC”) and Jeffrey Williams (collectively, “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint against Defendants arises from Plaintiff's alleged wrongful termination, with the following causes of action against Defendants: (1) failure to pay all earned wages; (2) failure to pay all earned wages; (3) failure to pay minimum wages; (4) failure to pay overtime wages; (5)...

Excerpt: ...e Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from Plaintiff's alleged wrongful termination. Plaintiff filed a motion (the “Motion”) for the following orders: (1) an order quashing the deposition subpoena for production of business records (the “Subpoena”) to UCLA Health, c/o UCLA Health Information Management Services (“UCLA”), with a date of production of January 15, 2021; (2) ...

Excerpt: ...omplainants Israel Shai Chenzion and Cucine Italia, Inc. dba Pedini L.A. (“Pedini”) (collectively, “Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a motion (the “Motion”) for an order disqualifying Barak Lurie, Esq. (“Lurie”) and the law firm of Lurie & Seltzer (collectively, “L&S”) from representing Defendants on the ground that L&S inadvertently obtained privileged ...

Excerpt: ... The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint alleges 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 first cause of action, as well as a motion to strike...

Excerpt: ..., LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative First Amended Complaint (“FAC”) arises from alleged wrongful actions of Defendant as to Plaintiff's prospective cannabis business located at 4965 East Slauson Avenue in Maywood (the “Property”), and alleges a single cause of action for violation of Title 42 of the United States Code, Section 1983. Defendant filed a motion for summary ...

Excerpt: ...BACKGROUND This action arises from alleged wrongful actions in a business partnership. The original complaint was filed on August 11, 2020. After this Court sustained a demurrer to the original complaint, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) aiding and abetting breach of fiduciary duty; and (2) fraud and deceit. Defendant filed a demurrer to each cause of action in the FAC....

Excerpt: ...red the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative First Amended Complaint (“FAC”) arises from an allegedly defective 2017 Chrysler Pacifica (the “Subject Vehicle”), alleging causes of action for : (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Sect...

Excerpt: ...and opposition papers. No reply papers were filed. The opposition, however, was not filed with an accompanying proof of service. Plaintiff is to provide the Court with a filed proof of service and the Court will discuss the effect, if any, such filed proof of service has on the Court's ruling. BACKGROUND Plaintiff filed a complaint arising from: (1) Hines v. MBB, LASC Case No. 16K15374 (the “Hines Action”); and (2) Navarrete v. MBB, LASC Case...

Excerpt: ...tiffs Mohammad Saeid Ajilian and Ehsan Ajilian The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a First Amended Complaint (“FAC”) alleging the following causes of action: (1) breach of oral and written agreement; (2) breach of oral and written agreement; (3) fraud; (4) fraud; (5) breach of fiduciary duties; (6) breach of fiduciary duties; (7) common counts; (8) common counts; (9) involuntary disso...

Excerpt: ...as considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from the alleged breach of a lease agreement by Defendant The Titan Nexus dba Fit Body Boot Camp (“Fit”) as to a property located at 6319 Colfax Avenue, First Floor in Los Angeles, California (the “Subject Property”), alleging causes of action for: (1) ejectment; (2) declaratory relief; and (3) declaratory relief. The complaint alleges, in part...

Excerpt: ... Plaintiffs Melina Cameron (“Cameron”) and Malachi Jones (“Jones”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) 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 Ralph Act. Moving De...

Excerpt: ...ely, the “Torres Defendants”); Defendant Lidia Benavides (sued as “Doe 1”) (“Benavides”) RESPONDING PARTIES: Plaintiffs Centravel, Inc. (“CTV”) and Hispanic Express, Inc. (“HEI”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint alleges the following 14 causes of action: (1) breach of fiduciary duty—failure to use reasonable care; (2) breach of fiduciary duty—duty of loyalt...

Excerpt: ...nsidered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an allegedly defective 2017 Chrysler Pacifica (the “Subject Vehicle”), and asserts causes of action for: (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (4) breach of exp...

Excerpt: ...dered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff's complaint alleges the following causes of action: (1) violation of the Song- Beverly Consumer Warranty Act; (2) breach of implied warranty of merchantability; (3) negligent repair; and (4) misrepresentation. Moving Defendant filed a demurrer to the third and fourth causes in the complaint, as well as a motion to strike. MEET AND CONFER The meet and confer r...

Excerpt: ...get Benefit Plan 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) breach of fiduciary duty; (2) breach of limited partnership agreement; (3) fraudulent concealment; (4) negligence; and (5) accounting. The FAC arises from alleged wrongful actions as to a partnership agreement. Moving Defendant filed a motion for a prote...

Excerpt: ...rchick The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's initial complaint alleged the following causes of action: (1) negligence; (2) breach of written contract; (3) fraud; (4) constructive fraud; and (5) breach of fiduciary duty. On August 31, 2020, the Court held a hearing on Defendants' unopposed demurrer to the second and third causes of action in the complaint and sustained such demurrer with leave to...

Excerpt: ... Company, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from Plaintiff's alleged wrongful termination, alleging the following causes of action: (1) racial discrimination in violation of FEHA; (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to maintain an environment free from discrimination, retaliation, and harassment; (5) intentional infliction...

Excerpt: ...d the moving, opposition, and reply papers. BACKGROUND The operative first-amended complaint (“FAC”) alleges causes of action for: (1) breach of contract; (2) book account; and (3) money lent. All of Plaintiff's claims arise from Defendant's alleged failure to pay money owed pursuant to a promissory note (the “Note”) relating to the purchase of an undeveloped parcel of property called Two Bear Ranch. Defendant filed a Second Amended Answe...

Excerpt: ...PARTY: Plaintiff Condor Management, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged fraudulent loan as to a property commonly known as 1348, 1350, and 1350 ½ West 37th Place, Los Angeles, California 90007 (the “Property”), and Plaintiff filed the operative Third Amended Complaint (“TAC”) alleging the following causes of action: (1) slander of title; (2) cancellation of ...

Excerpt: ...muel Jinkyoo Kang (“Kang”); NIW USA, Inc. (“NIW”); and Rex Counselor USA, Inc. (“RCU”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 30, 2019, Plaintiff filed a request for an Informal Discovery Conference (“IDC”) and requested that such IDC be set for April 30, 2019. Plaintiff's request for an IDC stated that: (1) Kang served all objections to discovery that was propounded upon Kang; (2) P...

Excerpt: ...ndant Lyft, Inc. (“Lyft”); Defendants Marat Grigorian and Armen Grigorian (the “Grigorian Defendants”) RESPONDING PARTIES: Plaintiffs Raffaello Santi and Serena Cenni-Santi The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) motor vehicle; (2) general negligence; and (3) products liability. On August 26, 2020, th...

Excerpt: ...oving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an allegedly defective 2013 Mini Cooper (the “Subject Vehicle”), and alleges a single cause of action for breach of express warranty under the Song- Beverly Consumer Warranty Act. Defendant filed a motion to compel arbitration and stay proceedings (the “Motion”) on the grounds that Plaintiff signed a Retail Installment Sale Contract (the “Purchase Agreemen...

Excerpt: ...t The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) arising from an alleged breach of a written agreement for the restoration of Plaintiff's personal property such as musical instruments, recorded songs, hard drives, and pianos, alleging the following causes of action: (1) failure to account; (2) failure to disclose; (3) unfair competition/unfair busine...

Excerpt: ...PARTIES: Plaintiffs Scott McMullin and Michele McMullin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) negligence; (2) negligent misrepresentation; and (3) concealment. Moving Defendant filed a demurrer to the first through third causes of action in the FAC, as well as a motion to strike portions of the FA...

Excerpt: ...VING PARTIES: Defendants Houck Construction, Inc. (“HCI”) and David Houck (“Houck”) RESPONDING PARTY: Plaintiff George Georgallidis The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative First Amended Complaint (“FAC”) arises from alleged wrongful actions in connection with the remodeling of Plaintiff's home located at 3311 Coolidge Avenue, Los Angeles, California 90066 (the “Subject Prop...

Excerpt: ... Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiffs' alleged tenancy at 961 ½ Westbourne Drive, West Hollywood, CA 90069 (the “Property”), and Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) breach of contract; (2) breach of implied warranty of habitability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) bre...

Excerpt: ...Flores; Edy Flores; Ivania Sandoval; Jose Mauricio Mejia; Cristian M. Mejia; Gloria C. Mejia; and Miriam Ramirez The Court has considered the moving papers. No opposition papers were filed. BACKGROUND Plaintiffs' complaint alleges the following causes of action: (1) breach of warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civ. Code § 1942...

Excerpt: ...Healthcare, LLC (“WWH”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff alleges that Defendants committed elder abuse, alleging causes of action for: (1) elder abuse; and (2) negligent hiring and supervision. Plaintiff filed a motion (the “Motion”) for an order compelling further deposition of the Person Most Knowledgeable (“PMK”) of WWH to take place within 10 days of...

Excerpt: ... 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 written contract; (2) trade libel; and (3) intentional interference with prospective economic advantage. Defendant filed a demurrer to the second and third causes of action in the FAC, as well as a motion to strike all references to punitive damages from...

Excerpt: ...opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) fraud—intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied in fact contract; (5) breach of implied covenant of good faith and fair dealing; (6) unjust enrichment; (7) specific performance; (8) promissory estoppel; (9) imposition of a const...

Excerpt: ...he Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff's complaint arises from the alleged wrongful actions of a notary public. On July 5, 2019, Plaintiff filed a complaint against Defendants alleging causes of action for: (1) cancellation of instrument; and (2) declaratory judgment. The crux of Plaintiff's complaint is the appearance of a false certificate of acknowledgement of a notary, Rodrig...

Excerpt: ...yler McDaniel The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint alleging the following causes of action: (1) premises liability; (2) negligence; (3) assault; (4) battery; (5) intentional infliction of emotional distress; (6) conspiracy to violate and violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); (7) violation of the unfair competition law under Bus. & Prof...

Excerpt: ...“Moving Defendants”) RESPONDING PARTIES: Plaintiffs IICombined Co., Ltd. dba Gentle Monster, a Korean Corporation (“ICL”) and IICombined U.S.A., Inc., dba Gentle Monster, a New York Corporation (“ICU”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint alleges the following causes of action: (1) fraud and intentional deceit; (2) breach of contract; (3) breach of the implied covenant of ...

Excerpt: ...C (“DGG”); 65118 EMA LLC (“EMA”); 65276 MEA LLC (“MEA”); and Kamran Amirianfar (“Amirianfar”) RESPONDING PARTY: Plaintiff Kingsman Real Estate Corporation The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from alleged wrongful actions in connection with the development of a building located at 65265 San Jacinto Lane in Desert Hot Springs, California (the “Small Building”). The Cou...

Excerpt: ...RTIES: Plaintiffs Richard Bye and Jennifer Bye The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint alleges the following causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; (4) negligence; (5) breach of Bus. & Prof. Code § 7031; (6) promissory fraud; (7) negligent misrepresentation; (8) breach of promissory note; (9) breach of personal guaranty;...

Excerpt: ...lo Living Trust The Court has considered the moving, opposition, and reply papers. BACKGROUND Petitioner filed a motion to confirm arbitration award in Rosen and Associates, P.C. v. Richard Meruelo, Los Angeles Superior Court case number 19STCP03171 (the “Lead Case”) as to a final arbitration award entered in favor of Petitioner and against Respondent on June 26, 2019. In Richard Meruelo et al. v. Rosen & Associates, P.C., Los Angeles Superio...

Excerpt: ...he DMV RESPONDING PARTIES: Plaintiffs California DUI Lawyers Association and Steven R. Mandell The Court has considered the moving, opposition, and reply papers. The Current Motion Defendants filed a motion to strike or tax costs (the “Motion”) and assert that: (1) the memorandum of costs is untimely and should be stricken in its entirety; and (2) if the Court declines to strike Plaintiffs' memorandum of costs in its entirety, the Court shoul...

Excerpt: ... and reply papers. BACKGROUND Plaintiff's complaint arises from alleged damage to Plaintiff's property located at 2028 N. Sanborn Avenue, Los Angeles, California (the “Property”) due to leaking sewer lines, alleging causes of action for: (1) inverse condemnation; (2) negligence; and (3) nuisance. Defendant filed a demurrer to the first through third causes of action in the complaint, asserting that: (1) each cause of action in the complaint i...

Excerpt: ... PARTY: Plaintiff Jorge Guzman, Jr. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative Second Amended Complaint (“SAC”) alleging causes of action for: (1) negligence; (2) intentional infliction of emotional distress; and (3) violation of California Business and Professions Code, Section 17200, et seq. On August 30, 2018, Defendants filed a motion for summary judgment or, in the alternative, sum...

Excerpt: ...the moving, opposition, and reply papers. Although Defendants' memorandum of law in support of the moving papers exceeds, without leave of Court, the 15-page limit in California Rules of Court, Rule 3.1113(d), the Court will exercise its discretion and will consider the entirety of Defendants' moving papers. Plaintiff raises no argument as to the length of the moving papers. BACKGROUND Plaintiff filed a complaint arising from a breach of a Mercha...

Excerpt: ...), New Alliance Properties, Inc. dba Coldwell Banker VIP erroneously sued as Alfonso Guerrero dba Coldwell Banker VIP (“NAP”), and Richard J. Rosiak[1] The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from alleged negligence in selling Plaintiff's home, alleging causes of action for: (1) negligence; and (2) legal malpractice. The complaint alleges that Plaintiff was sued by the ...

Excerpt: ... Plaintiff Marcel Jordan The Court has considered the moving, opposition, and reply papers. BACKGROUND This operative First Amended Complaint (“FAC”) arises from a property located at 9023- 9025 Baring Cross Street, Los Angeles, California 90044 (the “Subject Property”), alleging causes of action for: (1) declaratory relief (count 1); (2) quiet title (count 1); (3) quiet title (count 2); (4) ejectment; (5) trespass; (6) declaratory relief...

Excerpt: ...tion, and reply papers. Although filed and served late, the Court will exercise its discretion and will consider Plaintiff's opposition despite Defendant's request that the Court disregard the opposition. BACKGROUND The operative First Amended Complaint (“FAC”) arises from Plaintiff's alleged wrongful termination, alleging causes of action for: (1) wrongful termination in violation of public policy; (2) tortious breach of employment contract ...

Excerpt: ...y and Heather J. Ramamurthy The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from an alleged defective 2012 Chevrolet Cruze (the “Subject Vehicle”), alleging causes of action for : (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil C...

Excerpt: ...o opposition papers were filed. BACKGROUND The complaint in this action was filed on April 9, 2015. Moving Defendant filed a motion (the “Motion”) for an order to dismiss this action due to Plaintiff's failure to bring this action to trial within five years and six months. JUDICIAL NOTICE The Court GRANTS Moving Defendant's request for judicial notice. DISCUSSION An action shall be brought to trial within five years after the action is commen...

Excerpt: ...a, Sheriff of Los Angeles County The Court has considered the moving, opposition, and reply papers. BACKGROUND Petitioner filed a petition (the “Petition”) for the Court to issue an order to show cause (“OSC”) to initiate a contempt proceeding against Respondent due to his alleged refusal to obey a subpoena (the “Subpoena”) directing him to appear virtually and testify before the Los Angeles County Sheriff Civilian Oversight Commissio...

Excerpt: ...Lender, LLC (“Elderlife”); Defendants Marquee Funding Group, Inc. (“MFG”); Platinum Loan Servicing, Inc. (“Platinum”); Oakhurst Income Fund I, LP dba S&R Income Fund I, LP (“S&R”); and Oakhurst Income Fund I REO, aka Oakhurst IF I REO, LLC (the “Oakhurst Defendants”) RESPONDING PARTY: Plaintiffs Wayne H. Platt and Lisa F. Platt, individually and as co- trustees of the Platt Family Trust dated November 7, 2000 The Court has con...

Excerpt: ...and reply papers. BACKGROUND Plaintiff's complaint arises from an alleged defective 2017 Chrysler Pacifica (the “Subject Vehicle”), alleging causes of action for : (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (4) breach of express written warranty; (5) breach of ...

Excerpt: ...g”) and MediPro Financial, LLC (“Medipro Financial”) (collectively, “Moving Defendants”) RESPONDING PARTIES: Plaintiffs Certified Nursing Registry, Inc.; Cristina Sy; Luzivim Labora; and Larry Greter The Court has considered the moving, opposition, and reply papers. Despite being untimely and Moving Defendants' request that the Court not consider the opposition papers, the Court will consider Plaintiffs' opposition papers. BACKGROUND Pl...

Excerpt: ...an”) RESPONDING PARTY: Plaintiff Mitchell Baker The Court has considered the moving, opposition, and reply papers. Despite Defendants' request that the Court not consider Plaintiff's opposition due to untimeliness, the Court exercises its discretion and will consider Plaintiff's opposition. BACKGROUND Plaintiff filed the operative Third Amended Complaint (“TAC”) against Defendants alleging causes of action for: (1) hostile work environment;...

Excerpt: ...papers. No reply papers were filed. BACKGROUND On July 26, 2019, Petitioner filed a petition to confirm an arbitration award in Rosen and Associates, P.C. v. Richard Meruelo, Los Angeles Superior Court case number 19STCP03171 (the “Lead Case”) as to a final arbitration award entered in favor of Petitioner and against Respondent on June 26, 2019 (the “Award”). On September 27, 2019, in Richard Meruelo et al. v. Rosen & Associates, P.C., Lo...

Excerpt: ...(“Moving Defendant”) RESPONDING PARTIES: Plaintiffs Certified Nursing Registry, Inc.; Cristina Sy; Luzivim Labora; and Larry Greter The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) arising from alleged wrongful actions in the matter of Medipro Medical Staffing, LLC v. Certified Nursing Registry, Inc., Los Angeles Superior Court Case No. BC667851 (t...

Excerpt: ...ectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Jane Doe The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative Second Amended Complaint (“SAC”) arises from Plaintiff's allegation of sexual assault and sexual battery by a supervisor in the workplace, and alleges causes of action for: (1) sexual harassment in violation of the FEHA; (2) sexual assault, battery, and ratification; (3) fa...

Excerpt: ...ndell”) RESPONDING PARTIES: Defendants California Department of Motor Vehicles (“DMV”) and Steve Gordon (“Gordon”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint was filed August 1, 2014 by Joshua C. Needle (“Needle”) and Paul L. Hoffman (“Hoffman”) and Hoffman's associate, Catherine Sweetzer (“Sweetzer”), seeking declaratory and injunctive relief for: (1) violation of 42 ...

Excerpt: ... RESPONDING PARTY: Plaintiff Joseph Mahalic The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from Plaintiff's being hit by a motor vehicle while riding his bicycle, and alleges causes of action for: (1) general negligence; and (2) motor vehicle. Defendants filed the following two motions: (1) a motion for an order compelling Plaintiff to submit to a mental examination conducted by Charles ...

Excerpt: ...sition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) disability discrimination; (2) disability harassment; (3) race discrimination; (4) racial harassment; (5) failure to prevent discrimination and harassment; (6) failure to correct and remedy unlawful discrimination and harassment; (7) violation of the whistleblowing law; (8) retaliation for engaging in a protected activity; (9) fa...

Excerpt: ...SPONDING PARTY: Edwin Alexis Martin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from Plaintiff's alleged wrongful termination, and alleges: (1) failure to pay all earned wages; (2) failure to pay all earned wages; (3) failure to pay minimum wages; (4) failure to pay overtime wages; (5) failure to provide meal and rest periods; (6) failure to indemnify for necessary business expenses; ...