Excerpt: ...1) Defendant Peng Tan (“Tan”); (2) Defendant Flare Holdings LLC (“Flare Holdings”); (3) Defendant Flare Group, Inc. (“Flare Group”) and filed separate motions to be relieved as counsel as to Tan, Flare Holdings, and Flare Group. The Court will address the motions to be relieved as counsel in this one ruling. All motions are compliant with California Rules of Court, Rule 3.1362. MOTION TO BE RELIEVED AS COUNSEL FOR TAN In connection wi...

Excerpt: ... L.P. (“Insperity”) RESPONDING PARTY: Plaintiff Jose Carrillo The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative First Amended Complaint (“FAC”) arises from alleged wrongful actions that occurred during his employment with Defendant. The FAC alleges causes of action for: (1) race discrimination in violation of California Government Code, Section 12940 et seq.; (2) hostile work environment b...

Excerpt: ... has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's complaint arises from alleged wrongful actions during Plaintiff's employment with Defendant. 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, Section 12940 et seq.; (3) discrimination in violation of the California...

Excerpt: ...ng (“Wong”); PAMC Ltd. (“PAMC Ltd.”); and Pacific Alliance Medical Center, Inc. (“PAMC”) RESPONDING PARTY: Plaintiff Chi Lam M.D. Target Benefit Plan The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of fiduciary duty; (2) breach of limited partnership agreement; (3) fraudulent conc...

Excerpt: ...ARTY: Defendant Gaumont Television USA, LLC (“Moving Defendant”) RESPONDING PARTY: Plaintiff Katie O'Connell Marsh 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 of the implied covenant of good faith and fair dealing; (4) fraudulent induce...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint that arises from an alleged wrongful transfer of property. Plaintiff's complaint alleges causes of action against Defendants for: (1) trespass to chattels; (2) conversion; and (3) negligent interference with personal properties. On November 8, 2013, judgment was entered in favor of Plaintiff and against Defendant on the causes of action for trespass to chattel and conv...

Excerpt: ... Court has considered the moving papers. No opposition papers were filed with the Court; however, a courtesy copy of Respondent's opposition papers was provided to the Court. The proof of service attached to Respondent's opposition papers indicates that Petitioner was served with Respondent's opposition papers on December 11, 2019. No reply papers were filed. The Court orders that Respondent bring a notice of electronic filing to the hearing with...

Excerpt: ...e 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. BACKGROUND Plaintiff's complaint arises from an alleged eviction dispute. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) forcible entry and detainer/wrongful eviction; (2) trespass; (3) conversion; (4) constructive trust; (5) violation of the Protecting T...

Excerpt: ...d reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) specific performance; and (3) quiet title. Plaintiff's complaint is based on Defendants' alleged wrongful actions in denying Plaintiff's right to first refusal to purchase a commercial building located at 15718 South Manhattan Place in Gardena, CA (the “Property”) that was contained in a lease agreement (the “...

Excerpt: ...RTY: 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 consolidated wit...

Excerpt: ...PONDING PARTIES: Plaintiffs Rick Wilson (“Mr. Wilson”), Kathabela Wilson (“Mrs. Wilson”), and Arturo Robles (“Mr. Robles”) The Court has considered the moving, opposition, and reply papers. Any reply papers were required to be filed by November 14, 2019 based on the original hearing date pursuant to California Code of Civil Procedure, Section 1005(b). Moving Defendant's reply papers were filed on November 15, 2019. The Court, however,...

Excerpt: ...(“KSIL”) 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; a...

Excerpt: ...ell Marsh (“Plaintiff”) and her counsel of record Kasowitz Benson Torres LLP (“Kasowtiz”) (“Moving Parties”) RESPONDING PARTY: Defendant Gaumont Television USA, LLC 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 of the implied cove...

Excerpt: ...courtesy copies of any opposition papers were provided to the Court. Any opposition papers were required to be filed by November 18, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). 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) conversi...

Excerpt: ...Association (“CDLA”) and Steven R. Mandell (“Mandell”) RESPONDING PARTIES: Defendants California Department of Motor Vehicles (“DMV”) and Jean Shiomoto (“Shiomoto”) The Court has considered the moving, opposition, and reply papers. The Court has also considered the first and second supplemental briefs provided to the Court by the parties. BACKGROUND Plaintiffs' complaint arises from the alleged lack of due process afforded in conn...

Excerpt: ...020 MOVING PARTY: Defendant Glendora Transitional 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' operative First Amended Complaint (“FAC”) arises from the alleged wrongful actions that caused Decedent Anton Lulo (“Decedent”) to sustain an i...

Excerpt: ...iffs Robert Blomberg and Shelly Blomberg RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to be filed and served by November 20, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiffs' complaint arises from an alleged defective 2011 Cadillac SRX (the “Subject Vehicle”). Plaintiffs filed a com...

Excerpt: ... Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) foreclosure of mechanic's lien; (2) breach of contract; (3) unjust enrichment; and (4) quantum meruit. Plaintiff's complaint arises from alleged wrongful actions in connection with agreements for construction-related skills and services. Defendants filed a demurrer to the first, seco...

Excerpt: ...pinrad (“Spinrad”) OPPOSING PARTY: Plaintiff Chateau Lakeside Partners, LLC The Court has considered the moving and opposition papers. No reply papers were filed with the Court and a courtesy copy of reply papers were not provided to the Court. Any reply papers were required to be filed and served by Friday, November 15, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiff filed the operative Second Amend...

Excerpt: ... MOVING PARTIES: Defendants Victor Daniel Brocca; Ida Brocca; Jerry Guzman; and Craig N. Rossell (“Rossell”) and the Rossell Law Firm (“Moving Parties”) RESPONDING PARTIES: Plaintiffs Cesar Romero and Tatiana Romero The Court has considered the moving and opposition papers in connection with the: (1) motion to set aside the Court's August 12, 2019 disqualification order; and (2) any defaults entered against individual defendants after Aug...

Excerpt: ...n Life Insurance Company; CNO Financial Group; and K.F. Agency, Inc. RESPONDING PARTY: Plaintiff Christopher Clark The Court has considered the moving papers and opposition papers. No reply papers were filed and no courtesy copy of any reply papers were provided to the Court. Any reply papers were required to be filed and served by November 19, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiff filed the op...

Excerpt: ...ply papers. Based on the original hearing date for Moving Defendant's motion of November 5, 2019, any reply papers were required to be filed and served by October 29, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). Although Moving Defendant filed and served its reply brief on November 4, 2019, the Court will exercise its discretion and consider Moving Defendant's reply brief. Also, contrary to Moving Defendant's argument tha...

Excerpt: ...obal, Inc.; and Terrordome Music Publishing, LLC RESPONDING PARTIES: Carlton Ridenhour and Bring The Noize Music, Inc. The Court has considered the moving papers and opposition papers. No reply papers were filed with the Court. Any reply papers were required to be filed by November 18, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiffs filed a complaint against Defendants arising from alleged actions in co...

Excerpt: ...te”) RESPONDING PARTY: Plaintiff Jessica Wood The Court has considered the moving and opposition papers. No reply papers were filed with the Court. Any reply papers were required to be filed by November 18, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants on September 3, 2019, arising from an alleged automobile collision that occ...

Excerpt: ...pinrad (“Spinrad”) OPPOSING PARTY: Plaintiff Chateau Lakeside Partners, LLC The Court has considered the moving and opposition papers. No reply papers were filed with the Court and a courtesy copy of reply papers were not provided to the Court. Any reply papers were required to be filed and served by Friday, November 15, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). BACKGROUND Plaintiff filed the operative Second Amend...

Excerpt: ... has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant arising from an allegedly defective 2016 Nissan Altima (the “Subject Vehicle”), 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; (3) violation of the Song-Beverly Act Section ...

Excerpt: ...PONDING PARTIES: Plaintiffs Rick Wilson (“Mr. Wilson”), Kathabela Wilson (“Mrs. Wilson”), and Arturo Robles (“Mr. Robles”) The Court has considered the moving, opposition, and reply papers. Any reply papers were required to be filed by November 14, 2019 pursuant to California Code of Civil Procedure, Section 1005(b). Moving Defendant's reply papers were filed on November 15, 2019. The Court, however, will exercise its discretion consi...

Excerpt: ... (“Moving Defendants”) RESPONDING PARTY: Plaintiff Fisher Real Estate, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed a complaint against Defendants alleging causes of action for: (1) breach of fiduciary duty; (2) conversion; (3) fraud and deceit (intentional misrepresentation); (4) fraud and deceit (false promise); (5) fraud and deceit (concealment); (6) negligent misrepresentation; (7) bre...

Excerpt: ...rs. No reply papers were filed. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) specific performance; and (3) quiet title. Plaintiff's complaint is based on Defendants' alleged wrongful actions in denying Plaintiff's right to first refusal to purchase a commercial building located at 15718 South Manhattan Place in Gardena, CA (the “Property”) that was contained in a lease ag...

Excerpt: ...n, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) sexual battery in violation of California Civil Code, Section 1708.5; (2) gender violence in violation of California Civil Code, Section 52.4; (3) the Ralphs Civil Rights Act in violation of California Civil Code, Section 51.7; (4) battery; (5) assault; (6) interference with exercise of civil rights in violation of California Civil Co...

Excerpt: ...ONDING PARTY: Plaintiff Ronald Kim The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's First Amended Complaint (“FAC”) arises from an alleged assault and battery in connection with Plaintiff's patronage at the Palm Tree LA Restaurant. Plaintiff filed the FAC against Defendants alleging causes of action for: (1) battery; (2) assault; (3) negligence; and (4) negligent supervising, supervision, training or r...

Excerpt: ...endant and Cross-Complainant Tal Yona (“Defendant/Cross- Complainant”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendant alleging causes of action for: (1) breach of contract; and (2) common counts. Plaintiff's FAC arises from an alleged failure to repay monies owed. Cross-Complainant filed a cross-complaint against Cross-Defendant ...

Excerpt: ... considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) breach of fiduciary duty; (2) wrongful act or omission arising from professional services; (3) violation of California Business and Professions Code, Section 6148; (4) violation of California Business and Professions Code, Section 17200; and (5) declaratory judgmen...

Excerpt: ...sidered the moving, opposition, and reply papers. Plaintiff failed to file an opposition with respect to Moving Defendant's motion to strike portions of the First Amended Complaint (“FAC”). BACKGROUND This is an action arising from an alleged breach of contract in connection with designing a building. Plaintiff filed the operative FAC against Defendants alleging causes of action for: (1) breach of written contract; and (2) common counts money...

Excerpt: ...ifornia dba Pacific BMW (“Pacific BMW”) RESPONDING PARTY: Plaintiff Ramon Te Lomingkit The Court has considered the moving, opposition, and reply papers. BACKGROUND <0003004400510003004400 00030047004800490048[ctive Takata airbag in a 2013 BMW 335i (the “Subject Vehicle”) that Plaintiff purchased from Defendants. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) violation of the Song-Beverly Act—Breach of...

Excerpt: ...fendant”) RESPONDING PARTY: Plaintiff Manuel Ordaz The Court has considered the moving, opposition, and reply papers in connection with Moving Defendant's demurrer to the Second Amended Complaint (“SAC”). Plaintiff failed to file an opposition to Moving Defendant's motion to strike. BACKGROUND Plaintiff filed the First-Amended Complaint (“FAC”) against Defendant alleging causes of action for: (1) financial elder abuse; (2) negligence; (...

Excerpt: ...me: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Barlow Respiratory Hospital (“Moving Defendant”) RESPONDING PARTY: Plaintiff Jane Doe The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Moving Defendant and Defendant Douglas Vela (“Vela”). Plaintiff's complaint arises from alleged sexual harassment, sexual battery, and sexual assault committed against her by Defendant Vela from ...

Excerpt: ...Ndiaye RESPONDING PARTY: Defendant Air Canada (“Moving Defendant”) The Court has considered the moving, opposing, and reply papers. Plaintiff failed to file a proof of service with the Court. Nonetheless, Defendant opposed Plaintiff's moving papers and did not argue that Plaintiff's motion should be denied for lack of proof of service. Plaintiff is ordered to bring a conformed copy of a filed proof of service to the hearing with respect to hi...

Excerpt: ...NG PARTY: Defendant Shoa Fa Chiu (“Moving Defendant”) RESPONDING PARTIES: Plaintiffs Peng Chen and Xueling Li <0051004a000f0003005200 00030044005100470003[reply papers. The Court will not consider Plaintiffs exhibits numbers 25 and 26 that are attached to the declaration of Alexander Chen. Those exhibits are portions of deposition testimony of Defendant George Tsai (“Tsai”) and Fanny Fan, but the relevant portions of testimony are not hig...

Excerpt: ...VER PLAZA, LLC, etc.,et al. Cross- Defendants MOVING PARTIES: Cross-Defendants Marcus & Millichap Real Estate Investment Services, Inc. (“Marcus & Millichap”) and Brandon J. Michaels RESPONDING PARTIES: Cross-Complainants Kusum Mehta and John Gupta The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint in interpleader against Defendants Devonshire Silver Plaza, LLC; Kusum Mehta; John Gupta; M...

Excerpt: ...dants Palmdale Regional Medical Center and Deborah O'Connell The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint against Defendants alleging causes of action for: (1) violations of the Unruh Civil Rights Act; (2) violations of the Disabled Persons Act; and (3) intentional infliction of emotional distress. Plaintiff's complaint arises from Defendants' alleged refusal to treat Plaintiff when he ...

Excerpt: ...filed a complaint against Defendants Los Angeles County and the Los Angeles County Sheriff's Department alleging causes of action for: (1) sex discrimination in violation of California Government Code, Section 12940(a); and (2) pregnancy leave discrimination in violation of California Government Code, Section 12945. At trial, a verdict was returned in favor of Defendant. Thereafter, Defendant filed a memorandum of costs. Plaintiff filed a motion ...

Excerpt: ...the same attorney. Under the terms of the compromise, each minor claimant will receive a gross sum of $5,002.02 minus $1,481.19 for attorney's fees and costs for a net settlement of $3,518.83. (See Petition at p.6; Petition at Attachments 12A and 12C.) Under the terms of the compromise, each petitioner will receive a gross sum of $27,214.28 minus $11,892.36 for attorney's fees and costs for a net settlement of $15,321.92. (See Petition at Attachm...

Excerpt: ... AvalonBay Communities, Inc. and Archstone Oakwood Toluca Hills, LLC (collectively, “Rental Defendants”); Defendant Western Multi-Family Renovation (“WMR”); and Defendant Hardy Window Company (“HWC”) RESPONDING PARTY: Plaintiff Sean Ross Paul The Court has considered the moving, opposition, and reply papers. The Court will address all of Defendants' respective demurrers to Plaintiff's complaint, and motions to strike if applicable, in...

Excerpt: ...Marquez (sometimes referred to as “Janet Marquez”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from alleged wrongs committed by Defendant during her employment with Plaintiff. In another action (the “Lead Case”), Los Angeles Superior Court case number BC706496, where Janet Marquez is the Plaintiff and Downtown LA Motors, LP is the Defendant, Janet Marquez alleges various wrongful action...

Excerpt: ...he Court has considered the moving, opposition, and reply papers. Plaintiff's opposition to Moving Defendant's demurrer is in violation of California Rules of Court, Rule 3.1113(d) because his opposition exceeds 15 pages. As such, the Court will utilize its discretion and will not consider any arguments in Plaintiff's opposition over the page limit indicated in Rule 3.1113(d). BACKGROUND On December 13, 2018 Plaintiff filed a complaint against De...

Excerpt: ...n Eugene Braddy RESPONDING PARTIES: Plaintiffs People of the State of California ex rel. ILWU-PMA Welfare Plan; and ILWU-PMA Welfare Plan The Court has considered the moving, opposition, and reply papers. BACKGROUND <004f004800030052004900 00570048000300520049[ California ex rel. ILWU-PMA Welfare Plan and Plaintiff ILWU-PMA Welfare Plan (the “Plan”) (collectively, “Plaintiffs”) filed a complaint against Defendants Rx Unlimited, LLC (“De...

Excerpt: ...T FOR ACCOUNTING; AND REQUEST FOR FUNDS TO BE PLACED IN A NEUTRAL ACCOUNT Date: April 10, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Sahibzada Aasim Akhtar RESPONDING PARTY: Plaintiff Stuart Lee Zubrick 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 Larmar Road, Los Angeles, CA 90068 and 7360 Hollywood Boulevard, Los ...

Excerpt: ..., and Rex Counselor USA, Inc. The Court has considered the moving papers, opposing papers, and reply papers. BACKGROUND On May 18, 2018, Plaintiff filed the operative First-Amended Complaint (“FAC”) against Defendants Samuel Jinkyoo Yang; NIW USA, Inc.; Rex Counselor USA, Inc.; NIW Korea; and Rex Counselor, Inc. (collectively, “Defendants”) alleging a single cause of action for violation of the Immigration Consultant Act (“ICA”) pursu...

Excerpt: ...RT'S ORDER GRANTING DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S DEPOSTION Date: April 4, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant FCA US LLC RESPONDING PARTY: Plaintiff Paula Matelli The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 1, 2018, Plaintiff filed a complaint against Defendant alleging causes of action for: (1) violation of California Civil Code, Section 1793.2(d); (2) violation of Calif...

Excerpt: ..., 42- 46 AND 53; REQUEST FOR FURTHER SUPPLEMENTAL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY SANCTIONS Date: April 2, 2019 Time: 8:30 a.m. Dept. 56 <0051004700030036004b00 00480055005600480051[ RESPONDING PARTY: Defendant General Motors LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from an alleged defective 2012 Cheverolet Impala (the “Vehicle”). On <0051004700...

Excerpt: ...swagen of Downtown L.A. RESPONDING PARTY: Plaintiff Bernice Noflin The Court has considered the moving, opposition, and reply papers. BACKGROUND This case arises from an allegedly defective timing chain in a 2009 Volkswagen Tiguan (the “Subject Vehicle”) that was leased by Plaintiff on July 2, 2008 and subsequently purchased by Plaintiff. <0048004700030057004b00 004c0059004800030029[irst Amended Complaint (“FAC”) against Defendant Volkswa...

Excerpt: ...9 MOVING PARTY: Defendant Gresham Apartments Investors RESPONDING PARTIES: Plaintiffs Albert Garcia and Stephanie Garcia The Court has considered the moving, opposition, and reply papers. BACKGROUND On March 26, 2018, Albert Garcia and Stephanie Garcia (“Plaintiffs”) filed separate complaints against Defendants Seltzar Doren Management Company, Inc. dba Sierra Management (“Defendant Sierra”); Gresham Apartments Investors (“Moving Defend...

Excerpt: ...aintiffs Kirkland Wade Lazarus and Beverly F. Lazarus The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from a trustee's foreclosure sale conducted after alleged violations of the Homeowners' Bill of Rights (“HBOR”) and Home Affordable Modification Program (“HAMP”). On January 17, 2019, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for: (1...

Excerpt: ...fendant Kindred Healthcare Operating, Inc. RESPONDING PARTY: Plaintiff Chukwu Ikechukwu The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action in which Plaintiff alleges that he was wrongfully terminated. On December 19, 2018, Plaintiff filed a complaint against Defendant. On February 22, 2019, Defendant filed a motion for an order declaring Plaintiff a vexatious litigant, for an order requiring Plaintiff ...

Excerpt: ...ery of the Pre-Litigation Investigation Report (the “Report”) of Defendants Twentieth Century Fox Film Corporation and Twentieth Century Fox Television (collectively, “Fox”) and the identity of witnesses interviewed in connection therewith (the “Witnesses”). A request by Plaintiff for an order that the Report and the identity of the Witnesses by produced, and that Defendant Fox be ordered to produce a deponent on the subject thereof i...

Excerpt: ...al Properties, LLC and Temidayo Akinyemi OPPOSING PARTY: Defendant Better Real Estate I, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from allegedly wrongful actions taken against tenants in an apartment building located at 240 N. Robinson Street in Los Angeles (the “subject property”) in which Defendant Western Regional Properties, LLC was once an owner and Defendant Temidayo Akinyemi, ...

Excerpt: ...'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY SANCTIONS OF $3,005.00 Date: March 22, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Natalie Eckhart RESPONDING PARTY: Defendant General Motors <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND This action arises from an allegedly defective 2014 Chevrolet Spark. On March 16, 2018, Plaintiff filed a complaint against Defendant alleging c...

Excerpt: ...ARQUEZ AND GREENBERG & WEINMANN IN THE AMOUNT OF $4,710.00 Date: March 22, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendants Downtown L.A. Motors, LP; Shammas Automotive Holdings, Inc.; Lithia Motors, Inc.; Darryl Holter; Carole Shammas; Diane Shammas; Elay Sung; Ania Ryndak; and Randall Ely REPSONDING PARTY: Plaintiff Janet Marquez The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from allege...

Excerpt: ... Ortega REPSONDING PARTY: Plaintiff Rafik Y. Kamell The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from Plaintiff's allegedly converted funds. On November 27, 2018, Plaintiff filed a the operative Third Amended Complaint (“TAC”) against Hany Boushra Mourice Guindy (“Defendant Guindy”); Milestone Consulting, Inc. (“Defendant Milestone”); and Reuben Ortega (“Moving Defendant”) (colle...

Excerpt: ...an Newman RESPONDING PARTIES: Plaintiffs Christopher Mitchell, Koi Pond, Monty Dog, and 35th Investors, LLC The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from alleged wrongful actions in connection with agreements to invest in certain real property. On December 31, 2018, Christopher Mitchell (“Plaintiff”); Koi Pond; Monty Dog; and 35th Investors, LLC (“Plaintiff 35th Investors”) (c...

Excerpt: ... Time: 8:30 a.m. Dept. 56 Jur y Trial: Au gust 19, 2019 MOVING PARTY: Plaintiff 346 Vermont Associates, LLC RESPONDING PARTIES: Defendants Commercial Property Management, Inc. and David Soufer <0051004a000f0003005200 00030044005100470003[reply papers. BACKGROUND On October 31, 2016, Plaintiff filed this action against Commercial Property Management, Inc. (“CPM”); David Soufer (“Soufer”); L.A. Rentals; Edward Cohen (“Cohen”); Westside ...

Excerpt: ... 00030052005300530052[sition papers were filed. BACKGROUND On July 12, 2018, Plaintiff filed a complaint against Defendant alleging causes of action for: (1) financial elder abuse; (2) negligence; (3) unfair business practices under California Business and Professions Code, Section 17200; (4) invasion of privacy; (5) landlord harassment and retaliation; (6) breach of covenant of quiet enjoyment; (7) breach of implied warranty of habitability; and...

Excerpt: ...DING PARTY: Plaintiff Paul Taylor The Court has considered the moving, opposition, and reply papers. <004f004800470003005700 0057004c005900480003[First-Amended Complaint (“FAC”) against Defendant as a Private Attorney General on behalf of the State of California based on Defendant's alleged misclassification of its employees who acquire and deliver goods as independent contractors. Plaintiff alleges causes of action for: (1) willful misclassi...

Excerpt: ...osition papers were filed. BACKGROUND On December 14, 2011 Plaintiff filed the operative first amended complaint ("FACE) against Defendant alleging causes of action for: (1) breach of contract; (2) book account, and (3) money lent. The action arose from Defendant' s alleged failure to pay money owed on a promissory note. On January 3 2019, Defendant filed an ex parte application for a 90-day trial continuance due to urgent health concerns. Attach...

Excerpt: ... at California Hospital; Mary Elizabeth Claassen; Ian Brent Tilley, M.D.; and Ruth Mielke RESPONDING PARTY: Defendant Dignity Health dba California Hospital The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 1, 2016, Plaintiffs Luz Quinteros and Carolina Quinteros, individually and as guardian ad litem for minor child Plaintiff Luz Quinteros filed a Complaint against California Hospital Medical Center; USC-E...

Excerpt: ...(“Marshak”) The Court has considered the moving, opposition, and reply papers. EVIDENTIARY OBJECTIONS Defendant's objection to the supplemental declaration of Marshak is SUSTAINED. BACKGROUND <004c004900490003005600 00540058004c00480057[ title as to property located at 2617 Larmar Road, Los Angeles, CA 90068 and 7360 Hollywood Boulevard, Los Angeles, CA 90046 (the “Properties”). On March 1, 2018, Plaintiff filed the operative Third Amende...

Excerpt: ...'s default judgment application is insufficient in the following respects: 1) Plaintiff did not request the subject attorneys' fees in his request for entry of default; 2) Plaintiff did not request costs in his request for entry of default; 3) Plaintiff did not attach the contractual agreement to the request for entry of default that serves as the basis for the requested attorneys' fees; and 4) Plaintiff did not cite to the specific provision...

Excerpt: ... 8, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Heidi Chen Jung Hsuan RESPONDING PARTY: Plaintiff Wei Cheng William Liao The Court has considered the moving and opposition papers. No reply papers were filed. BACKGROUND On July 3, 2018, Plaintiff filed a Complaint against Defendant to enforce a sister state judgment. Plaintiff sought to enforce a final judgment of divorce entered in the Superior Court of New Jersey Chancery Division in f...

Excerpt: ... Permanente Medical Group <0051004a00030053004400 00520003005200530053[osition was filed. BACKGROUND This is an action arising from Plaintiff's employment as a laboratory manager for Defendant. On April 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for: (1) FEHA disability discrimination; (2) FEHA failure to accommodate; and (3) FEHA failure to engage in the interactive process. On August 31, 2018, the Court granted D...

Excerpt: ... Date: March 7, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendant Michael Powers (“Powers”) and Defendants Trinity Risk Management, LLC (“Trinity LLC”), H.J. Knight International Insurance Agency, Inc., Labornow, Inc., Harold J. Knight, and Samuel Delois (sometimes collectively, “Designated Defendants”) RESPONDING PARTIES: Plaintiffs Simplified Labor Staffing Solutions, Inc. and Simplified Staffing Labor Solutions, LLC The Court...

Excerpt: ...onsidered the moving papers. No opposition papers were filed. County oflns Angeles ("Moving Defendant") served Plaintiff with requests for admissions, set one ("RFAs") on October 11 : 2018. (Horwitz Decl. '12.) Responses to the RFAs were due on November 15: 2018. (ld.) Plaintiff was required to serve responses to the RFAs within 30 days of service pursuant to Califomia Code of Civil Procedure, Section 2033 250 Plaintiff did not serve responses by...

Excerpt: ...papers. No reply paper was filed. MEET AND CONFER The meet and confer requirement was met. BACKGROUND On May 15, 2018, Plaintiff filed the original Complaint against Defendant. Defendant's demurrer to Plaintiff's Complaint was unopposed and therefore it was sustained with 20 days leave to amend. The Court made a finding in its November 13, 2018 order that Plaintiff's claims appeared to allege causes of action pursuant to FEHA. On December 24, 201...

Excerpt: ...te: March 5, 2019 Time: 8:30 a.m. Dept. 56 MOVING PARTIES: Defendants Knight International Insurance Agency, Inc. and Matt Lanza 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 This action was filed on June 11, 2018, arising from various actions allegedly taken in connection with a workers' compensati...

Excerpt: ...h-Garske The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from alleged defects in a 2008 Ford F-250 purchased by Plaintiff on October 12, 2007. On May 1, 2018, Plaintiff filed a complaint against Ford Motor Company[1] (“Defendant”) and Colley Auto Cars, Inc. (“Defendant Colley”) alleging causes of action[2] for: (1) breach of implied warranty; (2) fraudulent inducement—concealment; ...

Excerpt: ...lstate Insurance Company The Court has considered the moving, opposition, and reply papers. BACKGROUND On February 21, 2018, Plaintiffs James A. Baker and Robert Wayne Ives (“Moving Plaintiff”) filed a Complaint as Los Angeles Superior Court case number BC694700 (the “Underlying Action”) against Kate Jones, Cab West LLC, Safework, Inc., LSE, and Sean Pham related to an automobile accident, alleging causes of action for: (1) negligence and...

Excerpt: ... 2019 Dept. 56 Jury Trial: April 22, 2019 MOVING PARTY: Defendant Bank of New York Mellon RESPONDING PARTY: Plaintiff Valerie McClure DISCUSSION A motion for leave to amend must state with particularity what allegations are to be amended. Namely, it must state what allegations in the previous pleading are proposed to be deleted and/or added, if any, and where, by page, paragraph, and line number. (Cal. Rules of Court, Rule 3.1324(a)(2)-(3).) The ...

Excerpt: ... Charles Garcia BACKGROUND This is an action in which Plaintiffs allege that Defendants failed to remediate the uninhabitable conditions in their apartment and then retaliated against Plaintiffs for reporting such conditions to the Los Angeles Housing and Community Investment Department and Los Angeles Department of Building and Safety. On October 3, 2016, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of the wa...

Excerpt: ...ebe Chen (“Chen”), and WYPN Property, LLC (“WYPN”) (sometimes collectively, “Moving Defendants”) RESPONDING PARTIES: Plaintiffs Magnus SunHill Group, LLC and Teng Huang The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from an alleged multi-year conspiracy to defraud the Plaintiffs of their interest in a real estate development project known as the Monterey Park Towne Center. On Se...

Excerpt: ...TY: Linda Schermer The Court has considered the moving, opposition, and reply papers. BACKGROUND On October 5, 2018, the Court entered default and judgment against Defendant. On December 31, 2018, Defendant filed a motion for relief from default and for leave to defend the action. Defendant contends that the default judgment against her should be set aside because: (1) the process server did not attempt personal service and thus substitute servic...

Excerpt: ...artment: 56 MOVING PARTY: Plaintiff Jane Doe RESPONDING PARTY: Defendant Jane Roe BACKGROUND On November 26, 2018, Plaintiff Jane Doe (“Doe”) filed a Complaint against Defendant Jane Roe (“Moving Defendant”) and John Roe (collectively, “Defendants”) alleging causes of action for (1) defamation; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent inter...

Excerpt: ...a Kansas limited liability company, dba FORBES & KREISSLER, LLC, Cross-Complainant, Vs. CASE NO.: BC711340 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER; MOTION TO STRIKE Time: 8:30 a.m. Date: February 26, 2019 Department. 56 Post-Mediation Status Conference: May 1, 2019 AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation; and ROES 1 to 20, Inclusive, Cross-Defendants. MOVING PARTY: Plaintiff and Cross-Defendant American Contractors Ind...

Excerpt: ...TY: Defendant Edwin L. Edillon MD RESPONDING PARTY: Plaintiff Jennifer Doyle The Court has considered the moving, opposition, and reply papers EVIDENTIARY OBJECTIONS SUSTAINED: 1 OVERRULED: 2 BACKGROUND This is a medical malpractice action arising out of a surgery performed on Plaintiff Jennifer Doyle by Edwin L. Edillon MD (“Moving Defendant”), Edwin L Edillon M.D., a Medical Corporation, Citrus Valley Health Partners, Inc., Citrus Valley In...

Excerpt: ...ASE NO.: BC710863 [TENTATIVE] ORDER RE: PLAINTIFFS' MOTION FOR TRIAL PREFERENCE Date: February 26, 2019 Time: 8:30 a.m. Department: 56 <0003004400510047000300 000300340058004c0051[teros RESPONDING PARTY: Defendants California Hospital Medical Center, USC-Eisner Family Medicine Center at California Hospital, Ian Brent Tilley, M.D., Ruth Kyrie Mielke, and Mary Elizabeth Claassen BACKGROUND On February 1, 2016, Plaintiffs Luz D'Luna Quinteros and Ca...

Excerpt: ...EDICAL GROUP OF LAKEWOOD, INC., D/B/A/ IMMEDIATE MEDICAL CARE CENTER OF LAKEWOOD, D/B/A SOUTHERN CASE NO.: BC720285 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRER Time: 8:30 a.m. CALIFORNIA IMMEDIATE MEDIAL CENTER, a California corporation; and DOES 1 through 20, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ Date: February 25, 2019 Department. 56 Jur y Trial: November 18, 2019 MOVING PARTY: Def...

Excerpt: ...trike: March 5, 2019 MOVING PARTY: Cross-Defendants Simplified Labor Staffing Solutions, Inc., Simplified Staffing Labor Solutions, LLC, Ashish Wahi, and Michael Dougan RESPONDING PARTY: Cross-Complainants Trinity Risk Management, LLC, Knight Management Group, Labornow, Inc., Harold J. Knight, Samuel Delois, and Michael Powers The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from alleged frau...

Excerpt: ...(“FNTC”) filed a Complaint in interpleader as to funds it held as a deposit in escrow for the purchase of certain real property owned by Devonshire Silver Plaza, LLC (“Devonshire”) by Kusum Mehta and John Gupta (as Kusum Mehta's agent). The Complaint alleges that when the sale of the aforementioned property did not occur, the parties made competing claims as to funds held in escrow by Plaintiff. On September 10, 2018, Kusum Mehta and John...

Excerpt: ...March 1, 2017, Plaintiff filed the operative Complaint for declaratory relief. Plaintiff seeks terminating, evidentiary, and/or monetary sanctions due to Defendant's purported violation of this Court's November 27, 2018, and January 14, 2019, orders. On September 20, 2018, the parties attended an informal discovery conference (“IDC”) as to Defendant's production of documents in relation to her deposition. At the IDC, the Court instructed Defe...

Excerpt: ...INTEREST ON PREVIOUS ORDER GRANTED IN PART ON JANUARY 9, 2019 8:30 a.m. February 15, 2019 Dept. 56 Final Status Conference: Jul y 23, 2019 MOVING PARTY: Defendant Mohammad Ebrahimi RESPONDING PARTY: Defendant Marco Naser Khorasani The Court has considered the moving and opposing papers. BACKGROUND Defendant Mohammad Ebrahimi (“Defendant Ebrahimi”) is a judgment creditor of Defendant Marco Naser Khorasini (“Defendant Khorasani”). On May 31...

Excerpt: ...d liability company; BROOKFIELD BUSINESS PARTNERS, LP, a Bermuda limited partnership, BROOKFIELD INFRASTRUCTURE PARTNERS LP, a Bermuda limited partnership and DOES 1 through 50, inclusive Defendants. <0003000300030003000300 03> Case No.: BC674809 Hearing Date: February 15, 2019 Time: 8:30 a.m. Department: 56 Post-Mediation Status Conference Date: March 6, 2019 [TENTATIVE] ORDER RE: DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT MOVING PARTY: Def...

Excerpt: ...ration; SOUTHERN CALIFORNIA RECOVERY CONSULTING, an unknown entity; and DOES 1 through 50, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ CASE NO.: BC698768 [TENTATIVE] ORDER RE: DEFENDANTS' MOTION TO COMPEL ARBITRATION Hearing Date: February 14, 2019 Time: 8:30 a.m. Department: 56 MOVING PARTY: Defendants Bel Air Outpatient Center, LLC and Evolve Growth Initiatives, LLC RESPONDING PARTY: Pl...

Excerpt: ...RTY: Plaintiff Latonya Parsons The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 7, 2018, Plaintiff Latonya Parsons (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) against Defendants Bur Von Muir, M.D. (“Von Muir”) and Cosmeticare Plastic Surgery Center & Medspa (“CPSCM”) (collectively, “Moving Defendants”) alleging causes of action for: (1) medical malpractice against ...

Excerpt: ...RATION, a California corporation; DOES 1 through 50, inclusive, Defendants. Case No.: BC711264 Hearing Date: February 14, 1019 Time: 8:30 a.m. Dept.: 56 [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR AN ORDER OF DISCHARGE AND AWARD OF COSTS AND ATTORNEYS' FEES MOVING PARTY: Plaintiff, Fidelity National Title Company RESPONDING PARTY: Defendants, Kusum Mehta and John Gupta The court considered the moving, opposition, and reply papers. BACKGROUND Pla...

Excerpt: ... KB HOME MOVING PARTY: Plaintiffs Sandra Mezger and Jeffrey T. Mezger RESPONDING PARTY: Defendant Kathleen Griffin The Court considered the moving, opposition, and reply papers. THE ALLEGATIONS <00470003002d0048004900 00300048005d004a0048[r (“Mr. Mezger”) (collectively, Plaintiffs) filed a complaint against Defendants Kathleen Griffin (“Defendant Griffin”) and Randy Ralph Bick, Jr. (collectively, “Defendants”) alleging causes of actio...

Excerpt: ...m. Department: 56 MOVING PARTY: Cross-Defendants, Herbert Marshak, M.D. and Champion Medical Group RESPONDING PARTY: Cross-Complainant, Sahibzada Aasim Akhtar BACKGROUND Plaintiff Stuart Lee Zubrick filed a complaint against Defendant and Cross-Complainant Sahibzada Aasim Akhtar (“Akhtar”) on February 17, 2017 alleging three causes of action: (1) quiet title for a property located at 2617 Larmar Road in Los Angeles; (2) quite title for a prop...

Excerpt: ...ants' alleged negligence in failing to cure defects in an apartment building and their attempt to wrongfully evict tenants via a tenant habitability plan (“THP”). On June 22, 2018, Plaintiffs filed the operative Second Amended Complaint (“SAC”) alleging causes of action for (1) negligence, (2) negligent hiring and supervision, (3) negligent infliction of emotional distress, (4) breach of the covenant of quiet enjoyment, (5) nuisance, (6) ...

Excerpt: ...ant's alleged failure to timely pay a settlement within policy limits which led to Plaintiff Arturo Robles' exposure to significantly greater liability by way of judgment after trial. On October 30, 2018, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of the implied covenant of good faith and fair dealing, and (2) breach of contract. Defendant seeks to strike all references to punitive ...

Excerpt: ...kless, or false child abuse report filed by Defendants as to Plaintiff Meara Dobson Wilson (“Plaintiff Wilson”), the daughter of Plaintiff Michele A. Dobson (“Plaintiff Dobson”). The report led to child dependency proceedings which disrupted Plaintiffs' family and resulted in Plaintiff Dobson being placed on the National Child Abuse Registry. On February 9, 2018, Plaintiffs filed the operative Third Amended Complaint (“TAC”) alleging ...

Excerpt: ...ut good cause. On October 18, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of employment contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress. Defendant demurs to all causes of action for uncertainty and failure to state sufficient facts. Defendant demurs to the first and second cau...

Excerpt: ...ing Plaintiff in an underlying employment action (“BC494694”) asserting violations of FEHA. On February 23, 2016, Plaintiff filed the operative Complaint alleging a cause of action for legal malpractice. Defendant The Cochran Firm seeks judgment on the pleadings on the ground that Plaintiff has reasserted the same causes of action in BC494694 in another action (“BC640420”) such that there are no longer any damages available in this malpra...