Excerpt: ...vid Houck (“Houck”) RESPONDING PARTY: Plaintiff George Georgallidis The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint 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 Property”). In part, Plaintiff alleges that: (1) he bought the Subject Property for $2,250,000.00 (Complai...

Excerpt: ...l Blumberg The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged construction work at his condominium located at 372 East Ashtabula Street, Pasadena, California 91104 (the “Property”). Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; and (3) false promise. Moving Defendan...

Excerpt: ...intiff Sylvia Rene Summers The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an alleged defective 2017 Lincoln MKX (the “Subject Vehicle”) that Plaintiff purchased, 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...

Excerpt: ...��FSC”); Defendants Contract Carpet Corporation (“CCC”) and F. Roberts Construction, Inc[1]. (“FRCI”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 10, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair d...

Excerpt: ...ont SA (“Moving Defendant”) RESPONDING PARTY: Plaintiff Katie O'Connell Marsh The Court has considered the moving, opposing, and reply papers. BACKGROUND Plaintiff filed a First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) fraudulent inducement; (5) fraudulent concealment; (6) unfair competi...

Excerpt: ...ervice Employees Insurance Company(“CSEIC”); CSE Insurance Group (“CSE Group”); CSE Safeguard Insurance Company (“CSE Safeguard”); and GMF Financial Services Corporation (“GMF”) RESPONDING PARTIES: Plaintiffs Gary Maddock and Myong Maddock, individually and as Trustees of the Maddock Trust dated December 22, 2004 The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiffs filed the ...

Excerpt: ...l: August 17, 2020 MOVING PARTY: Plaintiff and Cross-Defendant Katie O'Connell Marsh (“Marsh”) RESPONDING PARTIES: Defendants and Cross-Complainants Gaumont Television USA, LLC (“Gaumont”) and Gaumont SA (collectively “Cross-Complainants”) The Court has considered the moving and opposition papers[1]. No reply papers were filed. BACKGROUND Marsh filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes...

Excerpt: ...ARTY: Respondent Richard Meruelo The Court has considered the moving, opposition, and reply papers. BACKGROUND On July 26, 2019, Petitioner filed a petition to confirm an arbitration award[1] in Rosen and Associates, P.C. v. Richard Meruelo, Los Angeles Superior Court case number 19STCP03171 (the “Lead Case”) pursuant to a final arbitration award entered in favor of Petitioner and against Respondent on June 26, 2019. On September 27, 2019, in...

Excerpt: ...ments, Inc. and CBM Systems, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from the alleged misappropriation of funds. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) conversion; (2) violation of California Penal Code, Section 496; (3) constructive trust; and (4) civil conspiracy. Cross-Complainants CBM Investments, Inc. and CBM Systems, Inc. filed...

Excerpt: ...KGROUND Plaintiff's complaint arises from an alleged contract with respect to property located at 5125 Crenshaw Boulevard, Los Angeles, CA 90043 (the “Subject Property”). Plaintiff filed a complaint against Defendants for specific performance and asserts, in part, that Plaintiff has satisfied all the conditions of the written contract between the parties and that Defendant All Souls Christian Center, Inc. (“ASCC”) should be directed to co...

Excerpt: ...tock”) and JDS Minions, Inc. (“JDS”); Plaintiffs Christopher Mitchell (“Mitchell”), Monty Dog, 35th Investors, LLC, and Koi Pond, Inc. RESPONDING PARTIES: Plaintiff Koi Pond, Inc.; Defendants Jeremy Daniels-Stock (“Daniels-Stock”) and JDS Minions, Inc. (“JDS”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 9, 2019, Mitchell, Monty Dog, 35th Investors, LLC, and Koi Pond, Inc. filed the oper...

Excerpt: ...L”) and K-Swiss Inc. (“KSI”) RESPONDING PARTY: Cross-Complainant Carter Internacional, S.A. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) breach of written contract; (2) breach of written contract; (3) breach of written contract; (4) breach of written contract; (5) account stated; and (6) ...

Excerpt: ...ING PARTY: Plaintiff Koi Pond, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint in Koi Pond, Inc. v. Jeremy Daniels Stock et al., Los Angeles Superior Court case number 19STCP03959 (the “Consolidated Case”) on September 12, 2019 which arises from alleged wrongful actions in connection with investing in real estate ventures for profit. The Consolidated Case is related and consolidat...

Excerpt: ...(erroneously sued as Ohel Chana High School, a California business entity unknown) and Defendant Etz Jacob Congregation aka Etz Jacob Torah Center (collectively, “School and Congregation Defendants”); Defendant Stealth Protection and Security, Inc. (“SPS”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's Second Amended Complaint (“SAC”) arises from the alleged wrongful actions of Defendant Eddu...

Excerpt: ...”) RESPONDING PARTIES: Plaintiffs Charles P. LaBella (“LaBella”) and LaBella Worldwide, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint against Defendants arising from the alleged wrongful actions such as wage theft and fraud. Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) unpaid wages; (2) unpaid minimum wages; (3) unreimbursed business expe...

Excerpt: ...PONDING PARTIES: Defendants Kia Motors America, Inc. (“KMAI”) and Trophy of Carson LLC dba Kia of Carson (“TCL”) The Court has considered the moving and opposition papers. No reply papers were filed, and no courtesy copies of any reply papers were provided to the Court. Any reply papers were required to be filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROU...

Excerpt: ...Inc. (“BMI”); Defendants Mark Nelson, Jessica Quetsch, and Anthony Miller RESPONDING PARTY: Plaintiff Don Lee Farms The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Third Amended Complaint (“TAC”) which arises from an alleged breach of an exclusive supply agreement. Plaintiff filed the TAC against Defendants alleging causes of action for: (1) breach of contract; (2) declaratory re...

Excerpt: ...an Design & Landscape, Inc. (“FDL”) and Eric Mendoza (“Mendoza”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions in connection with a contract for landscaping work (the “Project”) at Plaintiff's residence located at 29436 Malibu View Court, Agoura Hills, California 91301 (the “Residence”). On November 22, 2016, Plaintiff filed a complaint agai...

Excerpt: ...fs Sealutions, LLC (“Sealutions”) and The Grain Collective, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) fraud; (2) negligent misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; and (5) breach of contract. Plaintiffs' FAC arises from alleged wrongful actions in conne...

Excerpt: ...e Development Corp. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination, and alleges causes of action for: (1) discrimination in violation of California Government Code, Section 12940 et seq.; (2) retaliation in violation of California Government Code, Section 12940 et seq.; (3) failure to prevent discrimination and retaliation in violation of California ...

Excerpt: ...SIL”) and K-Swiss Inc. (“KSI”) RESPONDING PARTY: Cross-Complainant Carter Internacional, S.A. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) breach of written contract; (2) breach of written contract; (3) breach of written contract; (4) breach of written contract; (5) account stated; and (6...

Excerpt: ...iffs Sealutions, LLC (“Sealutions”) and The Grain Collective, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) fraud; (2) negligent misrepresentation; (3) breach of fiduciary duty; (4) constructive fraud; and (5) breach of contract. Plaintiffs' FAC arises from alleged wrongful actions in con...

Excerpt: ...The Court has considered the moving papers. No opposition papers were filed. BACKGROUND Plaintiff filed a First Amended Complaint (“FAC”) arising from alleged wrongful actions in connection with the sale of a property located at 1801 South Flower Street in Los Angeles, alleging causes of action for: (1) violation of statutory duties, in the meaning of violation of Section 1785.20(a) of California Civil Code, Title 1.6, Chapter 3.5; (2) violat...

Excerpt: ...dered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendant arising from alleged wrongful actions of Defendant with respect to Plaintiff opening up a cannabis business. Plaintiff's complaint seeks injunctive relief. Plaintiff's complaint does not explicitly allege any causes of action against Defendant. Defendant filed a demurrer to the complaint on the grounds that: (1) the complaint's allegations are...

Excerpt: ...onsidered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions pursuant to his tenancy at 1874-1876 South Redondo Boulevard in Los Angeles, California (the “Property”). Plaintiff filed a complaint against Defendants alleging causes of action for: (1) violation of the Los Angeles Rent Stabilization Ordinance; (2) retaliation; and (3) wrongful constructive eviction. Defendants filed a m...

Excerpt: ...nc. (“LAHF”) and Defendant Ray Chavez (“Chavez”) RESPONDING PARTY: Plaintiff Melissa Martinez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination. Plaintiff filed a complaint alleging causes of action for: (1) discrimination in violation of California Government Code, Section 12940 et seq.; (2) harassment in violation of California Government Code...

Excerpt: .... Roberts Construction, Inc[1]. (“FRCI”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. CCC did not file any reply papers in connection with its motion. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/...

Excerpt: ...The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged mechanical issues he experienced with respect to a 2018 Chevrolet Traverse. Plaintiff filed a complaint against Defendants 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. Plaintiff file...

Excerpt: .... AND RELATED CROSS-ACTION MOVING PARTY: Cross-Defendant Webroot, Inc. RESPONDING PARTY: Cross-Complainant Empowered IT Solutions, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint (“FAC”) arises from alleged wrongful actions in connection with a contract for information technology consulting services. The FAC alleges causes of action against Defendants for: (1) br...

Excerpt: ...fendant Bais Chana Heritage School, Inc. (erroneously sued as Ohel Chana High School, a California business entity unknown) and Defendant Etz Jacob Congregation aka Etz Jacob Torah Center (collectively, “School and Congregation Defendants”); and Defendant Stealth Protection and Security, Inc. (“SPS”) RESPONDING PARTY: Plaintiff Zhoie Perez The Court has considered the moving, opposition, and reply papers.[1] BACKGROUND Plaintiff's Second ...

Excerpt: ...Los Angeles (“Moving Defendant”) RESPONDNIG PARTIES: Plaintiffs Los Angeles Police Protective League (“LAPPL”) and United Firefighters of Los Angeles City (“UFLAC”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) declaratory relief; (2) reformation; and (3) rescission. The FAC alleges that in response to ...

Excerpt: ...& Associates, P.C. The Court has considered the moving, opposition, and reply papers. BACKGROUND On July 26, 2019, Petitioner filed a petition to confirm an arbitration award[1] pursuant to a final arbitration award entered in favor of Petitioner and against Respondent on June 26, 2019. Respondent filed a motion for sanctions in the amount of $4,500.00 jointly and severally against the law firm of Rosen & Associates, P.C. and attorney David Bleis...

Excerpt: ...ING PARTY: Defendant Estate of Robert Herman Vogel (“Moving Defendant”) RESPONDING 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 on Defendant Robert Vogel's property which occurred on August 21, 2015. Plaintiff filed a complaint alleging causes of action for: (1) premises liability; and (2) negligence. Plaintiff alleges th...

Excerpt: ...s Co. (“Plaintiff”) RESPONDING PARTY: Defendant and Cross-Complainant CalMat Co. (“Defendant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from an alleged breach of a settlement agreement (the “1978 Settlement Agreement”). In part, the complaint alleges that: (1) Defendant previously owned the property at 7361 Laurel Canyon Boulevard in North Hollywood, California (...

Excerpt: ...RNK Franchising”); GQ Fresh, Inc. (“GQ Fresh”); Thomas Nariman (“Nariman”); and Fariba Atighehchi (“Atighehchi”) RESPONDING PARTY: Plaintiff Mitchell Baker The Court has considered the moving, opposition, and reply papers. Despite Defendants' argument that Plaintiff's opposition exceeds 15 pages, the Court will exercise its discretion and will consider Plaintiff's opposition brief in its entirety. BACKGROUND Plaintiff filed the oper...

Excerpt: ...LLC (“Bayview”) and Defendant Bank of America Corporation (“Bank of America”) RESPONDING PARTIES: Plaintiffs Stephen Dreher and Melinda Dreher The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative Second Amended Complaint (“SAC”) arising from an alleged settlement agreement in connection with a mortgage. Plaintiffs' SAC against Defendants alleges causes of action for: (1) breach o...

Excerpt: ...mes Vitale; Tammy Solz; Jeffrey K. Schmidt; Jamie Rosenthal-Boyer; and Theodore Boyer The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from their tenancy and alleged wrongful eviction from a property located at 336 North Ogden Drive, Los Angeles, CA 90036 (the “Subject Property”). Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) violation of the Unruh ...

Excerpt: ...iff Melissa D. Sanchez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination from her employment at Defendant Esther's Nest Children's School. Plaintiff filed a complaint alleging causes of action for: (1) failure to pay overtime compensation in violation of California Labor Code, Sections 510 and 1194; (2) failure to pay wages at time of termination in vio...

Excerpt: ...iff Rebekah Thomas The Court has considered the moving and opposition papers. No reply papers were filed, and no courtesy copy of any reply papers were provided to the Court. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant 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;...

Excerpt: ...Defendant Jaguar Land Rover Limited (“JLTD”); Defendant Jaguar Land Rover Automotive, PLC (“PLC”); Defendant LRJ Automotive LLC dba Penske Jaguar Land Rover Cerritos (“Penske”) RESPONDING PARTIES: Michael Farhat; Milla Farhat, by and through her guardian ad litem, Mehran Farhat; Sayeh Farhat, by and through her guardian ad litem, Mehran Farhat; Estate of Shadi Askari, by and through her successors-in-interest Michael Farhat, Milla Far...

Excerpt: ...Defendant Ninety Seven 14 Holcomb, LLC (“Moving Defendant”) RESPONDING PARTIES: Plaintiffs Farajollah Yadkarim and Shahin Yadakarim, Trustees of The Farajollah Yadkarim and Shahin Yadkarim Revocable Trust dated June 15, 2017 The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action which arises over a dispute in connection with an alleged easement on property located at 9708 Holcomb Avenue, Los Angeles, C...

Excerpt: ...August 17, 2020 MOVING PARTY: Plaintiff and Cross-Defendant Katie O'Connell Marsh (“Plaintiff”) RESPONDING PARTY: Defendant and Cross-Complainant Gaumont Television USA, LLC (“Defendant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) declaratory relief; (2) breach of contract; (3) breach ...

Excerpt: ...considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff, via her First Amended Complaint (“FAC”), alleges that Defendants wrongfully suspended her valid eBay account, appearing to allege causes of action for: (1) violation of California Business and Professions Code, Section 17200; and (2) intentional interference with economic relationship. Defendants filed a demurrer to the FAC and all causes of ...

Excerpt: ...fendant Randy Ralph Bick, Jr. (“Bick”) OPPOSING PARTIES: Plaintiffs Sandra Mezger (“Mrs. Mezger”) and Jeffrey T. Mezger (“Mr. Mezger”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from alleged unsubstantiated noise complaints lodged against them by Defendants, as well as Defendants secretly recording audio and video of Plaintiffs' home and backyard. Plaintiffs filed...

Excerpt: ...: April 20, 2020 MOVING PARTIES: Defendant Providence Health Systems—Southern California d.b.a. Providence Tarzana Medical Center (“PHS”); Defendant Manny Reyes (“Reyes”) RESPONDING PARTY: Plaintiff Luis Aguiar The Court has considered the moving, opposition, and reply papers. The Court will exercise its discretion and will consider Plaintiff's opposition papers despite PHS's argument that such opposition papers should not be considered...

Excerpt: ...valonBay Communities, Inc. (“AvalonBay”) and Archstone Oakwood Toluca Hills, LLC (“Archstone”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach ...

Excerpt: ...ies of any opposition papers were provided to the Court. BACKGROUND Plaintiff's operative First Amended Complaint (“FAC”) arises from alleged wrongful actions pursuant to an oral construction contract. The FAC alleges against Defendants causes of action for: (1) breach of oral contract; (2) conversion; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) false promise; (6) concealment; (7) conspiracy to defraud; (8) money h...

Excerpt: ...cia Smith-James and Phillip James The Court has considered the moving, opposition, and reply papers. Despite Plaintiffs' opposition being served in an untimely manner, the Court will consider Plaintiffs' opposition. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions during their tenancy at 859 North Orange Drive, Los Angeles, CA 90038 (the “Property”). On October 15, 2019, Plaintiffs filed their complaint alleging causes of...

Excerpt: ...t”) RESPONDNIG PARTY: Plaintiff The Estate of Lewis Nyarecha The Court has considered the moving, opposition, and reply papers. Plaintiff's opposition papers were not filed with an accompanying proof of service. Plaintiff is ordered to bring a filed proof of service with respect to the opposition papers and the Court will discuss the effect, if any, the filed proof of service has on the Court's ruling. BACKGROUND Plaintiff filed the operative F...

Excerpt: ...: Plaintiff Jane Doe The Court has considered the moving and opposition papers. No reply papers were filed. No courtesy copies of any reply papers were provided to the Court. BACKGROUND Plaintiff filed her initial complaint on July 16, 2019. Defendants filed a demurrer and motion to strike with respect to Plaintiff's complaint. On November 4, 2019, the Court sustained Defendants' demurrer to the first through seventh causes of action in the compl...

Excerpt: ...ff Melissa D. Sanchez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from her alleged wrongful termination from her time as an employee at Defendant Esther's Nest Children's School. Plaintiff filed a complaint alleging causes of action for: (1) failure to pay overtime compensation in violation of California Labor Code, Sections 510 and 1194; (2) failure to pay wages at time of terminatio...

Excerpt: ...ton”); and ShapeTools, LLC (“ShapeTools”) (collectively, “Opponents”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint that arises from the alleged failure to pay money due in connection with a promissory note (the “Note”). Plaintiff's complaint alleges a cause of action for: (1) money due on default of promissory note. Procedural History Plaintiff filed a motion for summary a...

Excerpt: ...”) RESPONDNIG PARTY: Plaintiff The Estate of Lewis Nyarecha The Court has considered the moving, opposition, and reply papers. Plaintiff's opposition papers were not filed with an accompanying proof of service. Plaintiff is ordered to bring a filed proof of service with respect to the opposition papers and the Court will discuss the effect, if any, the filed proof of service has on the Court's ruling. BACKGROUND Plaintiff filed the operative Fi...

Excerpt: ...��) RESPONDING PARTY: Plaintiff TCB Malibu, Inc. The Court has considered the moving, opposition, and reply papers. No courtesy copies of any of the parties' papers were provided to the Court. Neither Moving Defendant's moving nor reply papers were filed with an accompanying proof of service. Moving Defendant to bring filed proofs of service to the hearing and the Court will discuss the effect, if any, such proof of service has on this Court's ru...

Excerpt: ...Quinteros”) RESPONDING PARTY: California Department of Health Care Services (“DHCS”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff, by and through her guardian ad litem, Ms. Quinteros filed a complaint against Defendants arising from alleged medical malpractice during the labor and delivery of Plaintiff, alleging causes of action against Defendants for: (1) negligence; and (2) negligence. On June 7,...

Excerpt: ...rnational, LLC The Court has considered the moving, opposition, and reply papers. While filed and served late, the Court exercises its discretion pursuant to California Rules of Court, Rule 3.1300(d) and will consider Defendant's opposition papers in their entirety. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) arising from his alleged wrongful termination. The FAC alleges causes of action against Defendants for: (1...

Excerpt: ...ES: Defendant eBay, Inc. (“Moving Defendant”) RESPONDING PARTY: Plaintiff De Wana Ballou The Court has considered the moving, opposition, and reply papers. Despite Plaintiff's argument that Moving Defendant's memorandum exceeds 15 pages, the Court exercises its discretion and will consider Moving Defendant's moving papers in their entirety. BACKGROUND This is an action in which Plaintiff, via her First Amended Complaint, alleges that Defendan...

Excerpt: ...ARTY: Defendant Eliza Kim The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from alleged wrongful actions taken against them as tenants as a result of them exercising their rights under the Los Angeles Rent Stabilization Ordinance. Plaintiffs filed a complaint alleging causes of action for: (1) retaliation in violation of California Civil Code, Sections 1942.5(a) and 1942.5(d); (2) breach o...

Excerpt: ...SPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) against Defendants alleging causes of action for: (1) breach of express and implied contract; (2) breach of the covenant of good faith and fair dealing/breach of express/implied warranty of habitability; (3) fraud, negligent misrepresentation, and concealment; (4)...

Excerpt: ...Paul The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an alleged wrongful termination. On July 17, 2019, Plaintiff filed a complaint against Defendants alleging causes of action for: (1) discrimination on the basis of age in violation of FEHA; (2) harassment on the basis of age in violation of FEHA; (3) discrimination on the basis of gender in violation of FEHA; (4) harassment on the ...

Excerpt: ...Vitale; Tammy Solz; Jeffrey K. Schmidt; Jamie Rosenthal-Boyer; and Theodore Boyer The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from their alleged tenancy and wrongful eviction from a property located at 336 North Ogden Drive, Los Angeles, CA 90036 (the “Subject Property”). Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) violation of the Unruh Civi...

Excerpt: ...�Ms. Rodgers”) RESPONDING PARTY: Plaintiff Christin Matthes The Court has considered the moving, opposition, and reply papers. No courtesy copies of any of the moving, opposition, or reply papers were provided to the Court. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions connected with an agreement for Plaintiff to care for Defendants' children and reside in the home of Defendants. Plaintiff filed a complaint against Defen...

Excerpt: ...ff Tommy Dunlap The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) that arises from an alleged non-payment of medical benefits pursuant to an insurance policy. In part, the FAC alleges that Plaintiff was insured for $5,000.00 of medical payments in connection with his insurance policy with Moving Defendant. (FAC at ¶ 11.) The FAC asserts that at the conc...

Excerpt: ...nc. dba Pedini L.A. (“Pedini”) RESPONDING PARTY: Plaintiff Zane Wells The Court has considered the moving, opposition, and reply papers. BACKGROUND The operative First Amended Complaint (“FAC”) arises from the alleged breach of an agreement in which Plaintiff was promised things such as profit-sharing and a role in all significant decisions of Pedini. The FAC alleges causes of action against Defendants for: (1) breach of contract; (2) fra...

Excerpt: ...e Court has considered the moving papers. No opposition papers were filed. No courtesy copies of any opposition papers were provided to the Court. Any opposition papers were required to be filed and served by January 15, 2020 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) arising from an alleged wrongful death due to Defendants' conduct. The FAC alleges...

Excerpt: ...ork, As Trustee for the Certificate Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2007- 13 The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) arising from an alleged failure to Plaintiff pursuant to senior child support liens despite a refinancing and short sale of property. Plaintiff filed the operative Second Amended Complaint (“SAC�...

Excerpt: ...RTY: Plaintiff Dillion Conaway The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative Second Amended Complaint (“SAC”) that arises from an alleged deprivation of Plaintiff's movement by security guards in a Ralphs grocery store due to Plaintiff being accused of shoplifting. The SAC alleges causes of action against Defendants for: (1) negligence; (2) negligent hiring, supervision or retentio...

Excerpt: ...Insurance Company The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from an alleged breach of contract in connection with insurance coverage. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) declaratory relief. Defendant filed an answer with affirmative defenses...

Excerpt: ...tions, Inc. (“Moving Defendant”) RESPONDING PARTIES: Plaintiffs Emergency Packout Company (“Emergency Packout”); Emergency Storage San Diego, LLC (“Emergency Storage”); and Actionable Insights Forum (“Actionable Insights”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' operative First Amended Complaint (“FAC”) arises from the alleged wrongful actions in connection with a contract for ...

Excerpt: ... PARTY: Cross-Complainant Kathleen Griffin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from alleged unsubstantiated noise complaints lodged against them by Defendants, as well as Defendants' secretly recording audio and video of Plaintiffs' home and backyard. Plaintiffs' complaint alleges causes of action for: (1) nuisance; (2) violation of California Penal Code, Section 632; ...

Excerpt: ...edo Zamudio RESPONDING PARTY: Defendant CEC Entertainment, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from the alleged wrongful termination of Plaintiff by Defendant. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) discrimination and failure to prevent discrimination based on disability in violation of California Government Code, Section 12900 et se...

Excerpt: ...nd opposition papers. No reply papers were filed. BACKGROUND Plaintiff filed a complaint against Defendant 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 the implied warranty of mercha...

Excerpt: ...DING PARTIES: Defendants Shopify, Inc. (“Shopify”); Lucid Fusion, Inc. (“Lucid”); and Zubin Mowlavi (“Mowlavi”) The Court has considered the moving, opposing, and reply papers. BACKGROUND Plaintiff's First Amended Complaint (“FAC”) arises from alleged wrongful actions taken in connection with an e-commerce website. Plaintiff filed the operative FAC against Defendants alleging causes of action for: (1) breach of contract; (2) breac...

Excerpt: ...TH AMENDED COMPLAINT; MOTION TO STRIKE Date: September 23, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendants H.J. Knight International Insurance Agency, Inc. (“HKI”) and Matt Lanza (“Lanza”) (collectively, “Moving Defendants”) RESPONDING PARTIES: Plaintiffs Simplified Labor Staffing Solutions, Inc. and Simplified Staffing Labor Solutions, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintif...

Excerpt: ... McGraw, an individual (sued herein as Phil McGraw); Peteski Productions, Inc.; and CBS Television Distribution as a Division of CBS Studios, Inc. (erroneously sued and served herein as CBS Television Services, Inc.) (“Moving Defendants”) RESPONDING PARTY: Plaintiff Kaden Mahaffa The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from Plaintiff's appearance on the Dr. Phil television show (...

Excerpt: ...nc. (erroneously sued as Ohel Chana High School, a California business entity unknown) and Defendant Etz Jacob Congregation aka Etz Jacob Torah Center (collectively, “School and Congregation Defendants”); and Defendant Stealth Protection and Security, Inc. (“SPS”) RESPONDING PARTY: Plaintiff Zhoie Perez The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's First Amended Complaint (“FAC”) arises from...

Excerpt: ...nsidered the moving, opposition, and reply papers. BACKGROUND This is an action arising from an allegedly defective 2011 Buick Regal (the “Subject Vehicle”) that Plaintiff purchased in August of 2013. Specifically, Plaintiff alleges that the Subject Vehicle had an oil consumption engine defect and other defects such as defects causing a high engine idle. Plaintiff filed the operative Third Amended Complaint (“TAC”) alleging causes of acti...

Excerpt: ...OSING PARTY: Cross-Complainant Kathleen Griffin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from the alleged unsubstantiated noise complaints lodged against them by Defendants, as well as Defendants secretly recording audio and video of Plaintiffs' house and Plaintiffs' backyard. In part, the complaint alleges that Defendants used a Nest video and audio recording system to rec...

Excerpt: ...aintiffs Thalia N. Henderson and Jeff Landa Romero The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from an alleged slum housing conditions at Plaintiffs' leased premises located at 637 North Hayworth, Apartment 1, Los Angeles, CA 90048 (the “Subject Property”), alleging causes of action for: (1) breach of implied warranty of habitability in violation of California Civil Code, ...

Excerpt: ... Emergency Packout Company; Emergency Storage San Diego, LLC; and Actionable Insights Forum (“Actionable Insights”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from a contract for information technology consulting services. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) negligence; (3) intentional misrepresentation; (4) ne...

Excerpt: ...6 MOVING PARTY: Plaintiff John Hasler RESPONDING PARTY: Defendant General Motors, LLC The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff filed a complaint arising from an allegedly defective 2015 Chevrolet Sonic (the “Subject Vehicle”), alleging against Defendants causes of action for: (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act; and (2) breach of e...

Excerpt: ...”) and Defendant Bank of America Corporation (“Bank of America”) RESPONDING PARTIES: Plaintiffs Stephen Dreher and Melinda Dreher The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a the operative First Amended Complaint (“FAC”) arising from an alleged settlement agreement in a bankruptcy case in Idaho in connection with a mortgage. Plaintiffs' FAC against Defendants alleges causes of action f...

Excerpt: ...s Angeles (“City”) <0042004200420042004200 00420042004200420042>_______________ Trial was held in this Department and the jury returned with a unanimous verdict in favor of Defendant and against Plaintiff on June 6, 2019. Notice of Entry of Judgment was filed on July 1, 2019 and on July 2, 2019, Plaintiff filed a timely Motion for New Trial, citing a number of grounds, including that a new trial is warranted by: 1) prejudicial instructional e...

Excerpt: ... 21 Corporation dba Berkley East Convalescent Hospital The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from the alleged wrongful actions that caused Plaintiff to sustain a broken knee while at Defendant's nursing facility. Plaintiff filed a complaint alleging causes of action for: (1) dependent abuse and neglect; (2) willful misconduct; (3) negligence; and (4) violation of patient's right...

Excerpt: ...PC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from the alleged legal malpractice in the underlying action of Balasubramanian v. AppsHosting, Inc., et al., Orange County Superior Court Case No. 30- 2015-00767149-CU-PP-CJC. Plaintiff filed a complaint against Defendants alleging a sole cause of action for: (1) legal malpractice. On October 18, 2018, Plaintiff and Defendants entered int...

Excerpt: ...rs, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from an allegedly defective 2015 Chevrolet Sonic, alleging against Defendants causes of action for: (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act; and (2) breach of express warranty under Song-Beverly Warranty Act. <0052005300520058005100 0052005900480055005c[ requests on Defendant including...

Excerpt: ...apers. BACKGROUND Plaintiff's complaint arises from Defendant allegedly harassing, stalking, making false statements, and hitting Plaintiff with a camera. Plaintiff filed a complaint against Defendant alleging causes of action for: (1) assault and battery; (2) intentional infliction of emotional distress; (3) slander per se; and (4) elder abuse in violation of California Welfare and Institutions Code, Section 15600 et seq. In connection with his ...

Excerpt: ...F DECISION Dept. 56 And Related Actions and Cross-Actions TRIAL Trial was held in this matter on July 1, 2, 3 and 9, 2019 in Dept. 56 of the above- referenced Court. Parties Michael Pucci (“MP”), Sharon Pucci (“Sharon”) [1], Abbiamo, Inc. (“Abbiamo”), Deborah L. Underwood (“DU”), Lawrence Stone (“LS”), and Dazzle, Inc. (“Dazzle”) were present and represented by counsel. The following witnesses testified: MP, Mark Pucci (�...

Excerpt: ...laintiffs Muljono Loekman; PAAS LLC; PAAS II LLC; and 21450 Golden Springs LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint arising from the alleged fraudulent acts of transferring and concealing real property assets, alleging causes of action for: (1) fraudulent transfer of real property with actual intent to defraud; (2) fraudulent transfer of real property with actual intent to defr...

Excerpt: ...ered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff alleges various wrongful actions against her during her employment with Defendant. Plaintiff filed a complaint alleging causes of action for: (1) violation of California Labor Code, Section 1102.5; (2) discrimination in violation of FEHA; (3) harassment in violation of FEHA; and (4) retaliation in violation of FEHA. On June 21, 2019, Defendant filed a m...

Excerpt: ...sitional Care Unit RESPONDING PARTIES: Plaintiffs Anton Lulo, in and through his Successor-In-Interest, Antoinette Lulo, an individual, and Rimonda Kalo, an individual The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from the alleged wrongful actions that caused Decedent Anton Lulo (“Decedent”) to sustain an injury that ultimately was fatal during his time as a patient at Defendant's l...

Excerpt: ... Cross-Defendants Herbert Marshak (“Marshak”) and Champion Medical Group (“Champion”) RESPONDING PARTY: Cross-Complainant Sahibzada Aasim Akhtar The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff seeks to quiet title as to property located at 2617 <0052004f004f005c005a00 00480059004400550047[, Los Angeles, CA 90046 (the “Properties”). Plaintiff filed the operative Third A...

Excerpt: ...m Nihil RESPONDING PARTY: Plaintiff Gregg “Rocky” Brooks The Court has considered the moving, opposition, and reply papers. BACKGROUND On July 6, 2018, Plaintiff filed a complaint arising from alleged actions in connection with a film production, alleging causes of action for: (1) assault and battery; (2) intentional infliction of emotional distress; (3) negligence; (4) negligent—respondeat superior; (5) negligent hiring and retention of un...

Excerpt: ... 15, 2020 MOVING PARTY: Plaintiff Jessica Wood RESPONDING PARTIES: Defendants Alex Fattah Sharif (“Sharif”) and Accurate Delivery Systems (“Accurate”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On June 21, 2018, Plaintiff filed a complaint against Defendants arising from an automobile collision that occurred on February 13, 2017 on the I-15 freeway in San Diego, California. The complaint alleges that Sha...

Excerpt: ...-In-Interest, Antoinette Lulo (“Ms. Lulo”), an individual, and Rimonda Kalo, an individual RESPONDING PARTY: Defendant Glendora Transitional Care Unit The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from the alleged wrongful actions that caused Decedent Anton Lulo to sustain an injury that ultimately was fatal during his time as a patient at Defendant's long term-care skilled nursing ...

Excerpt: ...:30 a.m. Dept. 56 MOVING PARTY: Defendant City of Los Angeles (“Moving Defendant”) RESPONDING PARTY: Plaintiff Los Angeles Police Protective League (“Plaintiff/LAPPL”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1) declaratory relief; (2) reformation; and (3) rescission. The FAC alleges that in response to a...

Excerpt: ... governmental liability, facts showing the existence of the claimed duty and liability must be alleged, and “the statute or ‘enactment' claimed to establish the duty must at the very least be identified." (Searcy v. Hemet Unified School Dist. (1986) 177 Cal. App. 3d 792, 802.) <0003002600520047004800 00030017001700030044>nd 46 as the statutory authority. The court ruling in the prior demurrer that these code sections did not establish lia...

Excerpt: ...2019 MOVING PARTY: Plaintiff Dr. Ellie Kaucher RESPONDING PARTIES: Defendants Phillips Graduate University (“PGU”); Dr. Eric Tao; Fay Montgomery (“Montgomery”); Randy Christopher (“Christopher”) and Krikor Moloyan (“Moloyan”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from an alleged wrongful termination in connection with her employment at a university. Plaintiff fil...

Excerpt: ...tic Sprinkler Company RESPONDING PARTIES: Plaintiffs Brian M. Tabatabai (“Tabatabai”) and Celenia A. Calderon The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs' complaint arises from an alleged automobile accident. Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) motor vehicle negligence; and (2) negligence. Defendants filed a motion to compel Linden Surgery Center (“L...

Excerpt: ...RTIES: Cross-Defendants D Symbol, LLC (“Symbol”); Denis Denisov; and Ivan Denisov RESPONDING PARTIES: Cross-Complainants SG Equity, LLC (“SG”) and Edgar Zalyan (“Zalyan”) The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND Plaintiff filed the operative First-Amended Complaint (“FAC”) arising from alleged wrongful actions in connection with an opportunity to develop and build a luxuriou...