Excerpt: ...s alleged bad faith denial of an automobile insurance claim. On January 26, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) violations of the UCL. Demurrer Defendant demurs to the third cause of action for violations of the UCL because (1) Plaintiff does not have standing to bring such claim, (2) the claim is uncertain, a...

Excerpt: ...tunez”) alleges that he was defrauded of 50% of his interest in property located at 1941 Colorado Blvd., Los Angeles, CA by his former attorney, Cross-Defendant Moises Vazquez (“Vazquez”). The Second Amended Cross-Complaint (“SACC”) alleges that while Vasquez acted as Antunez's attorney, he engaged in several transactions with Antunez that violated Rules of Professional Conduct, rule 3- 300 and Prob. Code § 16004. Specifically, the SAC...

Excerpt: ...SE NO.: BC659212 [TENTATIVE] ORDER RE: DEFENDANT DOUGLAS RAND HALE'S DEMURRER AND MOTION TO STRIKE; DEFENDANT DOUGLAS WAYNE STEIG'S DEMURRER AND MOTION TO STRIKE 8:30 a.m. May 29, 2018 Dept. 56 RESTORATION, INC., and DOES 1 through 100, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ This is an action arising from an alleged breach of contract in connection with two water damage insurance cla...

Excerpt: ...to assign this matter to long cause for trial. Plaintiff argues that given the large number of witnesses who will be called—none of whom, she asserts, will provide cumulative testimony—trial for this matter will require an estimated 200.5 hours of examination time. This means that there will be between 34 and 41 court days of trial, which exceeds the twenty day trial requirement for a matter to be assigned to long cause. (See Los Angeles Supe...

Excerpt: ...ING OR EVIDENTIARY SANCTIONS OR, ALTERNATIVELY, TO COMPEL; DEFENDANTS' MOTION TO COMPEL MENTAL EXAM 8:30 a.m. May 25, 2018 Dept. 56 On May 20, 2016, Plaintiff Godrey Ruffin filed this action against Defendants U.S. TelePacific Corp., MPower Communications Corp., Arrival Communications Inc., and TelePacific Communications Corporation arising out of her employment and termination as an accounts payable specialist. Plaintiff asserts causes of action...

Excerpt: ...converted by Defendants Armando Garcia, AJG Realty, Inc., Angelico Grecia, and Huntington Escrow, Inc. Plaintiff Candelario Lora has agreed to a release of his claims, waiver of costs, and dismissal of Defendants Armando Garcia and AJG Realty, Inc. in exchange for $20,000. Defendants Armando Garcia and AJG Realty, Inc. now move for an order that their settlement with Plaintiff was made in good faith. Under Code Civ. Proc. § 877.6, a good faith s...

Excerpt: ...$25,000 in connection with a construction contract for property located at 211 S. 49 Ave., Phoenix, AZ 85403. On March 9, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) common count. Defendant demurs to all claims for uncertainty and failure to state sufficient facts. As to the first cause of action for breach of contrac...

Excerpt: ...ich Plaintiff alleges that he was battered at a 7-Eleven Store located at 5345 Laurel Canyon Blvd., Valley Village, CA 91607. On March 15, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) aggravated assault and battery, and (2) “A [RACIALLY] BIAS[ED] ACT THAT LED DEFENDANTS INTO CAUSING THE ACT OF ASSAULT AND BATTERY.” Defendant 7-Eleven Franchise Owners Association, Inc. demurs to all causes of action on the gr...

Excerpt: ... 2018 Dept. 56 This is an action arising from Defendants' alleged failure to timely perform the construction and installation of certain public improvements in the City of Los Angeles. On June 1, 2017, Plaintiff filed the operative Complaint alleging (1) breach of contract—performance bond, (2) breach of contract—B-permit, and (3) breach of contract—subdivision improvement agreement. On October 31, 2017, the Court sustained Defendant Farama...

Excerpt: ...the Song-Beverly Act. Plaintiffs purchased a 2012 Chevrolet Equinox with “defects causing excessive oil consumption; oil leaks; defects relating to the Vehicle's engine; defects relating to the Vehicle's camshaft actuators; defects relating to the Vehicle's tensioner system; defects relating to the Vehicle's engine pump; defects related to the engine timing chain; defects causing the activation of the Vehicle's Check Engine ...

Excerpt: ...ts, Inc.'s Answer and enter default because (1) Defendant has delayed and obstructed discovery in that matter; (2) Defendant failed to obtain new counsel after this Court relieved its prior counsel of representation on February 28, 2018; (3) Defendant failed to file a case management statement for a March 14, 2018, case management conference; (4) Defendant failed to appear at the March 14, 2018, case management conference; and (5) as a result of ...

Excerpt: ...on September 7, 2017. On December 8, 2017, the parties in this matter attended a case management conference. Jagmit Soni (“Soni”), the Director of Sales for Defendant Trans Am Travel, Inc., appeared on behalf of Defendant. (Soni Decl. ¶ 2.) The Court informed Soni that a corporation must be represented by counsel, instructed Soni to obtain counsel for Defendant, and continued the case management conference to January 24, 2018. (Soni Decl. ¶...

Excerpt: ...300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030027004800490048005100470044005100570056001100030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ CASE NO.: BC659821 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION FOR TERMINATING SANCTIONS OR, IN THE ALTERNATIVE, TO COMPEL 8:30 a.m. May 23, 2018 Dept. 56 Defendant seeks terminating sanctions because Plai...

Excerpt: ...000300030003000300030003000300030003000300030003[ <0003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030027004800490048005100470044005100570056001100030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ CASE NO.: BC660608 [TENTATIVE] ORDER RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT/ADJUDICATION 8:30 a.m. May 23, 2018 Dept. 56 This is an action ...

Excerpt: ...he Song-Beverly Act. Plaintiff purchased a 2013 Chevrolet Cruze which allegedly exhibited “defects relating to the Vehicle's engine; excessive low engine coolant level; improper leakage/evaporation of abnormally high amounts of coolant fluid; defects causing illumination of the check engine light; defects related to the electrical system; defects causing the power locks to be inoperable; defects causing premature failure of the serpentine b...

Excerpt: ... alleged professional negligence in providing estate planning services to the Plaintiff. On February 15, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) professional negligence, (2) professional negligence, (3) breach of fiduciary duty, and (4) breach of fiduciary duty. Demurrers Defendants Hahn & Hahn, LLP, Susan T. house, Palermo, Barbaro, Chinen & Pitzer, LLP, and Richard L. Chinen demu...

Excerpt: ...led the orrratlve First Amended Complaint ("FAC") alleging causes of action for (1) false designation of origin: (2) intentional interference u.ith prosrrctive economic advantage, (3) violation of Welfare and Institution Code 15610.30, and (4) violation ofthe UCL This matter was removed to federal court: and on February 14, 2018: the district coun dismissed Plaintiff s first cause of action, which Plaintiff did not amend. The district court decli...

Excerpt: ...ffect[ing] the value and desirability” of real property sold to Plaintiffs. (Compl. ¶ 11.) On August 21, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) willful violation of Civ. Code § 1102, et seq., (2) negligent violation of Civ. Code § 1102, et seq., (3) violation of Civ. Code § 2079, et seq., (4) fraud, (5) negligent misrepresentation, (6) violation of Pen. Code § 484, and (7) breach of contract. Demur...

Excerpt: ... ENHANCEMENTS 8:30 a.m. May 22, 2018 Dept. 56 The parties have agreed to settle this action for $375,000. This amount is to be allocated as follows: (1) $150,000 for Plaintiffs' attorneys' fees, (2) $18,509 for Plaintiffs' costs, (3) $37,500 in enhancement payments to Plaintiffs, (4) $12,000 for estimated administration costs, (5) $20,000 for payment to the Labor and Workforce Development Agency, and (6) $136,991 in civil penalties distributed to...

Excerpt: ... from the alleged transfer of Plaintiff's interest in an eight-unit apartment building (“Lexington Property”) once co-owned by Plaintiff and his brother, Defendant Francisco Lim, without Plaintiff's consent. Plaintiff also alleges that Defendants did not distribute profits generated from the Lexington Property as well as another apartment building to Plaintiff. On December 19, 2017, Plaintiff filed the operative First Amended Complaint allegi...

Excerpt: ...y Konovodov, through successor-in-interest Alexander Konovodov, and Alexander Konovodov filed this action against Defendant Cedars- Sinai Medical Center arising out of Vasiliy Konovodov's development of a sacral pressure ulcer which allegedly contributed to Vasiliy Konovodov's death on January 20, 2016. Plaintiffs assert causes of action for (1) elder abuse, (2) negligence, and (3) wrongful death. On February 15, 2018, the Court sustained Defenda...

Excerpt: ...trial, Defendant Jorge Gonzalez Torres moves for his attorneys' fee pursuant to an attorneys' fee provision in the lease agreement for this unlawful detainer action. (See Harris Decl., Exhibit A; Civ. Code § 1717.) Defendant seeks $33.385 in attorneys' fees, representing 60.7 hours at $550 per hour. Plaintiff does not dispute that Defendant is the prevailing party entitled to attorneys' fees; rather, Plaintiff argues that Defense counsel's hourl...

Excerpt: ...ILESTONE CONSULTING, INC. 8:30 a.m. April 30, 2018 Dept. 56 This is an action arising from the alleged conversion of funds by Defendants Hany Boushra Mourice Guindy (“Guindy”) and Milestone Consulting, Inc. (“Milestone”) intended for an investment in Bitcoin. Essentially, Plaintiff alleges that he instructed a third-party to wire $275,000 to Milstone's bank account at J.P. Morgan Chase Bank, N.A. Rather than subsequently investing all of ...

Excerpt: ...N 8:30 a.m. April 30, 2018 Dept. 56 This is an action arising from a settlement agreement in a prior insurance coverage dispute styled Azinkhan v. Farmers Insurance Group of Companies, et al., BC514298 (“Underlying Action”). Defendants allegedly included additional terms in a final, long-form settlement agreement which were not agreed to by Plaintiff in a prior stipulation to settle. Specifically, Defendants included a term that certain mortg...

Excerpt: ..., set one, special interrogatories, set one, and request for production, set one. Defendant also brings a Motion to Deem Admitted its requests for admission, set one. The aforementioned interrogatories and requests for production were propounded on Plaintiff on November 8, 2017, and the requests for admission were propounded on November 10, 2017. Defendant contends that Plaintiff has failed to serve responses to date. Plaintiff, however, submits ...

Excerpt: ...s is an action in which Plaintiffs allege that they were defrauded of their interest in Defendant SeaChange, LLC (“SeaChange”) when Defendants made certain misrepresentations encouraging Plaintiffs to sign a termination agreement with respect to the interest of Plaintiff Sealutions, LLC (“Sealutions”) in SeaChange. On April 6, 2015, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) fraud,...

Excerpt: ...Plaintiff's employment as a driver and dispatch supervisor for Defendants. On March 8, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) wrongful termination/retaliation in violation of Lab. Cod § 1102.5, and (2) wrongful discharge in violation of public policy. Defendants seek to compel arbitration based on an arbitration provision within an employment agreement as to which Defendant Progistics Distribution, Inc. a...

Excerpt: ...laintiff's Motion to Hold Defendant City of Los Angeles and its Attorney, John T. Anthony III, Jointly and Severally, in Contempt of the Court's Orders Regarding Depositions of City-Controlled Witnesses Plaintiff seeks to hold Defendant City of Los Angeles and its attorney, John T. Anthony III, jointly and severally, in Contempt of the Court's Orders. Plaintiff asserts that Defendant has engaged in at least ten acts of contempt, including, (1) re...

Excerpt: ...d breach of a commercial lease agreement. On March 2, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of lease, (2) specific performance, (3) fraud, (4) negligent misrepresentation, (5) promise without intent to perform, and (6) quantum meruit. Defendants demur[1] to all causes of action for failure to state sufficient facts. As to the first cause of action for breach of lease, Defe...

Excerpt: ...fault judgment against Defendant The Home Care Group, Inc. Other than Plaintiff's request for $61,300 in punitive damages (Miller Decl. ¶ 37), the Default Judgment Application is satisfactory. The Court will not award punitive damages because Plaintiff has failed to provide sufficient evidence of Defendant's financial condition. (Adams v. Murakami (1991) 54 Cal.3d 105, 112.) The only evidence provided by Plaintiff is Defendant's 2014 tax return ...

Excerpt: ...6, 2017, the Court granted Defendant/Cross-Complainant Westfield, LLC's (“Cross-Complainant”) motion for terminating sanctions as to Plaintiff's Third Amended Complaint (“TAC”). After judgment on the Complaint, the Court presided over a one day bench trial on November 13, 2017 as to the Cross-Complaint. On November 21, 2017, the Court found Cross-Complainant was entitled to judgment against Plaintiff/Cross-Defendant Monira Ulkarim for bre...

Excerpt: ...is action seeking payment on a promissory note executed by Defendant. On March 16, 2017, the Court entered judgment in the amount of $8,223,486 in favor of Plaintiff (“Judgment”). On July 7, 2017, Defendant filed a notice of appeal. On April 3, 2018, Defendant's appeal was dismissed. On March 13, 2017, Defendant filed an action against Plaintiff styled NextEngine, Inc. v. Bigfoot Ventures, Ltd., Case No. 2:17-cv-01960-PA (“Federal Action”...

Excerpt: ...] ORDER RE: MOTION TO DISQUALIFY BY DEFENDANTS CNL EXPRESS, INC. AND YONGGUANG PEI 8:30 a.m. April 20, 2018 Dept. 56 On April 28, 2016, Plaintiff filed this action seeking recovery against the Defendants based on theories of fraudulent transfer, successor liability, and shareholder/director liability as they relate to a judgment against Jung In Pack in case no. BC495670. Defendants CNL Express, Inc. and Yongguang Pei move to disqualify counsel fo...

Excerpt: ... of the issues with respect to each cause of action of the Second Amended Complaint filed by plaintiff Lynn Levitan (“Plaintiff”). On January 8, 2018, the Court denied summary judgment and granted summary adjudication for the first through seventh and tenth causes of action. On January 18, 2018, Plaintiff moved the Court to reconsider its ruling on the motion for summary adjudication as to the first, third, sixth, and seventh causes of action...

Excerpt: ...siliy Konovodov, through successor-in-interest Alexander Konovodov, and Alexander Konovodov filed this action against Defendant Cedars- Sinai Medical Center arising out of Vasiliy Konovodov's development of a sacral pressure ulcer which allegedly contributed to Vasiliy Konovodov's death on January 20, 2016. Plaintiffs assert causes of action for (1) elder abuse, (2) negligence, and (3) wrongful death. On February 15, 2018, the Court sustained Def...

Excerpt: ...ect on a promissory note issued to the Defendant. On December 14, 2011, Plaintiff filed the operative First Amended Complaint alleging causes of action for (1) breach of contract, (2) book account, and (3) money lent. After the Court of Appeal issued remittitur on February 15, 2017, the parties stipulated to a discovery cut-off date of March 2, 2018. On January 31, 2018, Defendant served a supplemental request for production of documents, request...

Excerpt: ...terminating sanctions due to Defendant Eun Yun's abuse of the discovery process. Specifically, on May 25, 2017, Plaintiff propounded written discovery on Defendant. Having not received responses, on August 22, 2017, Plaintiff filed a motion to compel responses to its request for production, set one, and a motion to deem admitted its requests for admissions, set one. On November 16, 2017, the Court granted the aforementioned motions and imposed $1...

Excerpt: ...ved Plaintiff with an offer to compromise in the amount of $141,000.00. On June 12, 2017, Plaintiff accepted the offer. A notice of settlement was filed October 19, 2017. Motion for Attorney Fees Plaintiff now moves for attorney's fees and costs as the prevailing party under Civ. Code § 1794(d). Plaintiff request $25,845 for the Knight Law Group's work and $7,810 for the work of affiliated counsel, Daniels Fine Israel Schonbuch & Lebovits, for a...

Excerpt: ...ary Grand, Inc. and Does 1‐20 for (1) breach of CC&Rs; (2) enforcement of equitable servitudes; (3) enforcement of inspection rights; (4) nuisance; and (5) declaratory relief. Plaintiff alleges Defendant failed to remedy toilet issues, maintain and repair common areas, prevent transients loitering in the community, and fix a faulty heat transfer system throughout the building. Legal Standard CCP § 585 permits entry of a judgment after a Defend...

Excerpt: ...l.[1] One Motion is directed at its special interrogatories, set one, and form interrogatories, set one, propounded on Plaintiff on November 7, 2017. The second Motion is directed at its request for production of documents, set one, also propounded on Plaintiff on November 7, 2017. Plaintiff opposes the Motions, arguing that he has now served responses to the subject discovery. (See Safi Decl. (interrogatories), Exhibits 1, 2; Safi Decl. (product...

Excerpt: ... Complaint alleging causes of action for (1) identity theft and (2) elder abuse. The Complaint alleges that: 1) Plaintiff Miriam Deborah Pal (“Plaintiff”) is the trustee for the Mariam Deborah Townsley Trust dated September 16, 1988 (the “Trust”); 2) the Trust owns property located at 344 S. Orange Drive, Los Angeles, CA 90036 (the “Property”); 3) Defendant Jana Townsley (“Townsley”) was a tenant of the Property, residing there wh...

Excerpt: ...13, 2018 Dept. 56 On May 11, 2016, Plaintiff Rudy Serafin filed this action against Defendants Select Portfolio Servicing Inc. (“SPS”), West Coast Realty, LLC (“West Coast”), and Quality Loan Service Corp. arising out of the nonjudicial foreclosure sale of real property located at 4035 Marathon St., Los Angeles, CA 90029. After the Court sustained SPS's demurrers to the Complaint and First Amended Complaint, Plaintiff filed the operative ...

Excerpt: ...18 [TENTATIVE] ORDER RE: DEFENDANTS' MOTION TO TAX COSTS 8:30 a.m. April 12, 2018 Dept. 56 After a Court trial, on January 10, 2018, the Court entered judgment in favor of Plaintiffs and against Defendants Stuart David Shelly, Guy Keven Johnson, William McMahan, and CEREF General Partner I, LLC. Plaintiffs seek to recover $26,672 in costs as the prevailing parties for the action. (Code Civ. Proc. § 1032(b).) Defendants Stuart David Shelly, Guy K...

Excerpt: ... COMPEL ARBITRATION 8:30 a.m. April 11, 2018 Dept. 56 This is an action arising from Plaintiff Josefina Martinez's employment with Defendants. On December 12, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) Fair Employment and Housing Act (“FEHA”) discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) FEHA failure to prevent discrimination, harassment, and retaliation, (5) FEHA failure to provide reason...

Excerpt: ... OF CROSS- DEFENDANTS ADOLFO CEZAR CATBAGAN AND NITA ALMAETE PADDIT CATBAGAN TO THE CROSS- COMPLAINT 8:30 a.m. April 10, 2018 Dept. 56 This is an action arising from the alleged failure of Defendant Mariam Grigoryan (“Grigoryan”) to tender stock to Plaintiff Adolfo Cezar Catbagan (“Catbagan”) as a part of an agreement to sell Plaintiff MSP Hospice, Inc. (“MSP”) to Catbagan. On January 30, 2018, Plaintiffs filed the operative First Ame...

Excerpt: ...an action arising from Plaintiff John Cuebas' employment with Defendant Keyes Automotive Group (“Keyes”) as a salesperson. On October 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) wrongful termination in violation of public policy, (2) Fair Employment and Housing Act (“FEHA”) discrimination, (3) FEHA harassment, (4) FEHA retaliation, (5) failure to prevent discrimination, harassment, and retaliation, (...

Excerpt: ... 6, 2018 Dept. 56 On July 28, 2016, Techno-Advanced Inc. (“Techno-Advanced”) filed this action (BC628705) against Legendary Builders Corporation (“Legendary Builders”) and Grovewood Properties LLC (“Grovewood”) arising out of the alleged failure to pay for equipment, material, and labor for construction improvements at 1342 N. Hayworth Ave., West Hollywood, CA. Grovewood is alleged to be the owner of the property, Legendary Builders t...

Excerpt: ...n of personal property co-owned by the parties stemming from the Estate of Audrey Hepburn. On September 18, 2015, the Court compelled arbitration and stayed the action pending resolution of arbitration. Since that time, the parties engaged in mediation prior to arbitration and executed an “Agreement Relating to the Sharing and Liquidation of the Memorabilia” (“Memorabilia Agreement”). (Supplemental Schlosser Decl., Exhibit 1.) Defendant n...

Excerpt: ...ts' alleged failure to make payment on a loan agreement. On January 16, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of agreement, (2) breach of implied covenant of good faith and fair dealing, (3) negligent misrepresentation, and (4) fraud—intentional misrepresentation. Demurrer Defendants demur to the first, third, and fourth causes of action for failure to state sufficient f...

Excerpt: ...to her request for production, set one, contending that Defendant asserted only meritless objections or evasive responses to such discovery. The Court notes, however, that the parties have not participated in an Informal Discovery Conference (“IDC”). As authorized by California Code of Civil Procedure (CCP) section 2016.080, the Court orders that the parties participate in an IDC with the Court before the filing of a Motion to Compel Further ...

Excerpt: ...l 4, 2018 Dept. 56 On June 3, 2016, Plaintiff Kevin P. Cope (“Cope”) filed this action against Defendants Castleton Real Estate & Development Inc. (“Castleton”), Y.K. America Group, Inc. (“YK”), David Lu (“Lu”), Justin Huang (“Huang”), and Howard Ting (“Ting”) arising out of the alleged failure to pay a sales commission for the sale of vacant property located in Cabazon to the Morongo Band of Mission Indians. Plaintiff all...

Excerpt: ... Motion to Compel Further Responses to its Request for Production, Set One, propounded on Defendants Alamin, LLC, Mohammed Islam, and Modern Parking, Inc. Plaintiff contends Defendants asserted meritless objections. The Court notes, however, that the parties have not participated in an Informal Discovery Conference (“IDC”). As authorized by California Code of Civil Procedure (CCP) section 2016.080, the Court orders that the parties participat...

Excerpt: ...N 8:30 a.m. April 2, 2018 Dept. 56 This is an action arising from a settlement agreement in a prior insurance coverage dispute styled Azinkhan v. Farmers Insurance Group of Companies, et al., BC514298 (“Underlying Action”). Defendants allegedly included additional terms in a final, long-form settlement agreement which were not agreed to by Plaintiff in a prior stipulation to settle. Specifically, Defendants included a term that certain mortga...

Excerpt: ...dant Arthur Charliyan. Plaintiff contends that she entered into a contract with Defendant in which Defendant was to construct a home for Plaintiff. Defendant allegedly represented that he was a licensed contractor, but the Contractors State License Board subsequently found that Defendant had no contractor's license. Defendant allegedly abandoned the aforementioned construction project, requiring Plaintiff to hire a new contractor. Plaintiff reque...

Excerpt: ...20, inclusive, <0003000300030003000300 00030003000300030003[ CASE NO.: BC601993 [TENTATIVE] ORDER RE: DEFAULT JUDGMENT APPLICATIONS 8:30 a.m. March 29, 2018 Dept. 56 <0003000300030003000300 00030003000300030003[ The Default Judgment Packages are denied because: (1) There is no request for dismissal as to Doe Defendants on the Court's docket; (2) Plaintiff failed to file a statement as to the propriety of separate judgments given that Defendant GW...

Excerpt: ...ion arising from Plaintiff's employment with Defendant BlockTower Capital, LLC (“BlockTower”). Plaintiff alleges that although Defendants orally agreed to pay him an annual salary of $225,000 and a 3.5% equity interest in BlockTower, Defendants failed to compensate Plaintiff. On November 6, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) fraud and conspiracy to commit fraud, and (2) breach of contract. Defendan...

Excerpt: ...d the operative First Amended Complaint alleging a single cause of action for breach of performance contract. Plaintiff moves for summary judgment, or, alternatively, adjudication of its claim for breach of contract against Defendant YM Entertainment, Inc. (“YM”). Plaintiff provides that it entered into a contract with YM in which YM was to provide the services of a singer, Kim Bum Soo (“Soo”), as well as promotional services for concerts...

Excerpt: ...CASE NO.: BC659212 [TENTATIVE] ORDER RE: DEFENDANT ACCURATE LEAK LOCATORS, INC.'S DEMURRER AND MOTION TO STRIKE 8:30 a.m. March 27, 2018 Dept. 56 RESTORATION, INC., and DOES 1 through 100, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ This is an action arising from an alleged breach of contract in connection with two water damage insurance claims. On December 14, 2017, Plaintiffs filed the ...

Excerpt: ...at while they cohabitated Plaintiff would receive half of the property and income acquired by Defendant in return for Plaintiff's services. The two lived together at 16628 Witzman Drive, La Puente, CA 91744 (“Property”), holding title as joint tenants. In order to refinance the promissory note for the Property, Defendant allegedly fraudulently transferred title to the Property to himself in fee simple. Defendant then commenced unlawful detain...

Excerpt: ...RDER RE: DEFENDANT VICTOR JACOBOVITZ'S MOTION TO COMPEL ARBITRATION 8:30 a.m. March 26, 2018 Dept. 56 This is an action arising from the alleged professional negligence of Defendants Victor Jacobovitz (“Jacobovitz”), Shirley Kenninger, Law Office of Victor Jacobovitz APC, and Kenninger & Associates in representing Plaintiffs in the case styled Logoai v. Alameda Court LLC, BC572165 (“Underlying Action”). On March 29, 2017, Plaintiffs filed...

Excerpt: ...ENT 8:30 a.m. March 26, 2018 Dept. 56 On April 10, 2014, Plaintiff Frank P. Acosta filed this action against Defendants Mike Alvarado (“Alvarado”), Henry Delgado, Delgado's Boxing and Martial Arts, and Delgado Promotions LLC, arising out of Plaintiff's management of Alvarado's boxing career. Plaintiff alleges that he was not paid his agreed-upon share of Alvarado's earnings from boxing matches while Plaintiff was in prison. On March 30, 2015,...

Excerpt: ...ONS TO COMPEL FURTHER RESPONSES 8:30 a.m. March 22, 2018 Dept. 56 This is an action arising from Plaintiff's employment as a “front desk person” with Defendants The Los Angeles Cooperative and Lunari Management Corporation. (Compl. ¶ 10.) On June 29, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) retaliation in violation of Gov. Code § 12653, (2) wrongful termination in violation of public policy, (3) retali...

Excerpt: ...Complaint alleging a cause of action for defamation/slander per se, based upon Defendant's allegedly false accusations of criminal conduct against Plaintiff. Defendant brings an anti-SLAPP Motion arguing that the subject statements were made in anticipation of litigation regarding a matter of public interest constituting protected speech. Further, Defendant argues the action lacks minimal merit because it is barred by the litigation privilege. De...

Excerpt: ...t. 56 Plaintiff Jaguar Land Rover of North America, LLC filed this action against Defendants Vagram Bagdasaryan (“Bagdasaryan”), Lucy Kasparian (“Kasparian”), and California Lemon Law Center Inc. (“CLLC”) for malicious prosecution. Plaintiff alleges that Kasparian and CLLC represented Bagdasaryan in a lemon law action (Case No. 30-2011-00478385) which was meritless because Bagdasaryan had tampered with the subject vehicle in order to ...

Excerpt: ...onducted a bench trial for the matter. On January 4, 2018, the Court issued a written ruling finding for Plaintiff. Judgment was entered on January 26, 2018; the judgment provides that Plaintiff's damages, including interest, are $258,960.96. Defendant now moves for a new trial pursuant to Code Civ. Proc. § 657. Defendant principally argues that (1) although the evidence was undisputed that Plaintiff block billed, the Court failed to consider wh...

Excerpt: ... action arising from an insurance dispute regarding an automobile accident between Plaintiff and Defendant Amir Punjabi. Plaintiff alleges that she requested coverage under an insurance policy with Mercury Insurance Company (“Mercury”), but Mercury denied the claim in bad faith. On January 23, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging causes of action for (1) breach of the covenant of good faith and fair...

Excerpt: ...the Court granted Defendant Westfield, LLC's motion for terminating sanctions as to Plaintiff's Third Amended Complaint (“TAC”). Defendant now moves for its attorneys' fees. As the prevailing party on its motion for terminating sanctions, Defendant is entitled to attorneys' fees because the licensing agreement upon which the TAC is premised contains an attorneys' fee provision. (Huben Decl., Exhibit A § 23(d); Civ. Code § 1717; Code Civ. Pr...

Excerpt: ...GS 8:30 a.m. March 20, 2018 Dept. 56 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 March 29, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of fiduciary duty, (2) fraud in the inducement, (3) negligence, (4) unfair competition, and (5) conspiracy. Defendant WYPN Pro...

Excerpt: ...defamatory statements made during a State Bar proceeding against Plaintiff's employer, the Law Offices of M. Azahar Asadi (“Asadi”). Defendant was involved in an automobile accident and retained Asadi for legal representation. Defendant later filed a complaint with the State Bar regarding Asadi's representation and accused Plaintiff, Asadi's office manager, of having solicited legal employment by meeting with Defendant at the scene of the acc...

Excerpt: ...action arising from an alleged fraudulent scheme by Defendants Donghyung Chang and Giryung Chang to have Plaintiff accept checks from the other Defendants—many of whom the Plaintiff had not met—as repayment for a loan. Defendants allegedly did not intend to be responsible for the sums paid by check and instead filed numerous, frivolous lawsuits to extort a settlement from the Plaintiff. On January 9, 2018, Plaintiff filed the operative First ...

Excerpt: ... employment with Defendant Apple Inc. as global product safety counsel. The operative Second Amended Complaint (“SAC”) filed on October 31, 2016, asserts causes of action for (1) Fair Employment and Housing Act (“FEHA”) age discrimination, (2) FEHA age harassment, (3) FEHA retaliation, (4) FEHA gender discrimination, (5) FEHA gender harassment, (6) FEHA retaliation, (7) FEHA failure to prevent, (8) violation of Labor Code § 1102.5, (9) w...

Excerpt: ...56 On July 28, 2016, Techno-Advanced Inc. (“Techno-Advanced”) filed this action (BC628705) against Legendary Builders Corporation (“Legendary Builders”) and Grovewood Properties LLC (“Grovewood”) arising out of the alleged failure to pay for equipment, material, and labor for construction improvements at 1342 N. Hayworth Ave., West Hollywood, CA. Grovewood is alleged to be the owner of the property, Legendary Builders the general cont...

Excerpt: ...on arising from an alleged breach of a manufacturing contract by Defendants. On December 7, 2017, Plaintiff filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) intentional interference with contractual relations, (4) intentional interference with prospective economic advantage, (5) negligent interference with prospective economic advantage, and (6) ...

Excerpt: ...RNANDO, CLAIFORNIA CREDIT UNION, and DOES 1 through 10, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ CASE NO.: BC613717 [TENTATIVE] ORDER RE: DEFENDANT'S MOTION TO DISQUALIFY 8:30 a.m. March 14, 2018 Dept. 56 This is an action arising from alleged embezzlement and breach of fiduciary duty stemming from disputes in Plaintiff The Filipino-American Community of Los Angeles, Inc. (“FACLA”)...

Excerpt: ...UDGMENT/ADJUDICATION; MOTION TO SEAL 8:30 a.m. March 9, 2018 Dept. 56 On March 6, 2015, Plaintiff Dominic Silvester filed this action against Defendant John Kim Niparko (“Niparko”) asserting fraud claims arising out of the parties' doctor-patient relationship through which Plaintiff received steroid injections in his ear as instructed or performed by Defendant. On April 27, 2016, Niparko's counsel filed notice of Niparko's death. On July 29, ...

Excerpt: ...arch 9, 2018 Dept. 56 On December 4, 2015, Plaintiffs Faith No More, William Gould, Roswell Bottum III, Michael Bordin, and Michael Patton filed this action against Defendants Manifesto Records Inc., Evan S. Cohen (“Cohen”), and Charles Mosley III (“Mosley”) arising out of the sale and distribution of the album We Care A Lot. The Complaint asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fa...

Excerpt: ...ORTATION AUTHORITY'S MOTION TO COMPEL 8:30 a.m. March 9, 2018 Dept. 56 Defendant Los Angeles County Metropolitan Transportation Authority seeks to compel responses to its special interrogatories, set one, propounded upon Plaintiff on October 19, 2017. Because Plaintiff failed to provide any responses by the December 7, 2017, deadline agreed upon by the parties, (see Lang Decl., Exhibit C), the Motion is GRANTED. Plaintiff is ordered to serve resp...

Excerpt: ... 6, 2018 Dept. 56 On July 28, 2016, Techno-Advanced Inc. (“Techno-Advanced”) filed this action (BC628705) against Legendary Builders Corporation (“Legendary Builders”) and Grovewood Properties LLC (“Grovewood”) arising out of the alleged failure to pay for equipment, material, and labor for construction improvements at 1342 N. Hayworth Ave., West Hollywood, CA. Grovewood is alleged to be the owner of the property, Legendary Builders t...

Excerpt: ...action arising from the employment of Plaintiff Steven Selcer as chief operating officer and Plaintiff Scott Shannon (“Shannon”) as a property manager for Defendant Highpoint Capital Group, LLC (“Highpoint”). On September 1, 2017, Plaintiffs filed the operative Complaint alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) failure to pay wages in violation of Lab. Code §...

Excerpt: ...OBER 1, 2010, STEPHEN F. BIAFORA, BIAFORA PROPERTIES, LLC, CASE NO.: BC683350 [TENTATIVE] ORDER RE: DEFENDANTS' DEMURRERS AND MOTIONS TO STRIKE 8:30 a.m. March 5, 2018 Dept. 56 FRANCIS SPARAGNA JR., SPARAGNA & SPARAGNA, and DOES 1 through 50, inclusive, <0003000300030003000300 00030003000300030003[ <0003000300030003000300 00030003000300030003[ This is an action arising from Defendants' alleged misappropriation of income, real property, and other ...

Excerpt: ...d below, by and through their guardians ad litem, have agreed to settle their claims against Defendant Westlake Property Services, LLC in exchange for $7,500 each. If approved, $1,810.47 of each settlement payment will be used for attorney's fees and $258.10 will be used for costs of litigation, leaving a balance of $5,431.42 to be disbursed into a blocked account for each minor Plaintiff. Plaintiffs (“Claimants”) Guardians Ad Litem (“Petit...

Excerpt: ...N TO STRIKE 8:30 a.m. March 1, 2018 Dept. 56 This is an action arising from the death of Nen Thi Nguyen (“Nguyen”) from a brain hemorrhage caused by the allegedly deficient medical care provided to her by Defendant Brier Oak On Sunset LLC, a skilled nursing facility. On June 30, 2017, Plaintiffs Nguyen, by and through her successor in interest Phuong Minh Quoc (“Quoc”), and Plaintiff Quoc in her own right, filed the operative Complaint fo...

Excerpt: ... GOOD FAITH SETTLEMENT Dept. 98 1:30 p.m. February 9, 2018 I. BACKGROUND This action arises from a four-vehicle accident that occurred on March 18, 2015. On August 19, 2015, Plaintiff Gwendolyn Evette McClendon (“Plaintiff”) filed this action against Defendants Mamikon Barnasyan (“Barnasyan”), Barnasyan's employer, KS Express, Inc. (“KS Express”), and Victorino Gonzalez-Hernandez (“Gonzalez-Hernandez”) (collectively, “Defendants...

Excerpt: ...z Jr., (“Lopez”), the People of the State of California, acting by and through the Department of Transportation (“Caltrans”) (erroneously sued as the State of California) and Does 1 to 50. The Court notes that while the heading of the complaint only names Lopez, the State and Does 1 to 50 as defendants, the body of the complaint also names the County of Los Angeles (the “County”) as a defendant. The complaint alleges causes of action ...

Excerpt: ...0440051004a0048[ of the Automobile Club (“Plaintiff”) filed this insurance subrogation action against Defendants Leanne Jones Snyder (“Leanne”) and Marc E. Snyder (“Marc”) (collectively, “Defendants”). On February 10, 2017, the Court entered default judgment against Defendants in the amount of $52,836.31 as to Leanne and $26,514.46 as to Marc. Plaintiff seeks an order directing Defendants (judgment debtors) to assign Plaintiff (ju...

Excerpt: ...7, Plaintiff Allison Stein (“Plaintiff”) filed this action against Defendant David Ghozland and his medical practice (“Defendant”) for professional negligence, battery, breach of fiduciary duty, and intentional infliction of emotional distress. On December 11, 2017, Plaintiff filed a First Amended Complaint (“FAC”) adding a cause of action for intentional misrepresentation. Plaintiff now moves to transfer the case to the West Judicial...

Excerpt: ...t Defendant Lovi's Delicatessen, Inc. (“Defendant”) for premises liability and general negligence relating to a February 17, 2017 slip and fall incident. On October 13, 2017, Defendant served Requests for Production of Documents, Form Interrogatories, and Special Interrogatories on Plaintiff. (Declaration of Michael H. Cooper, ¶ 4.) Defendant granted an extension on responses, but Plaintiff has failed to serve any responses to Defendant's di...

Excerpt: ...(“Defendant”) for premises liability relating to a February 17, 2014 slip and fall. On November 1, 2017, Defendant served Request for Production, Form Interrogatories, and Special Interrogatories on Plaintiff. (Declaration of Jonathan J. Herzog, ¶ 5.) Defendant granted extensions on responses, but to date, no responses have been received. (Herzog Decl., ¶¶ 9, 10.) Defendant now moves for an order compelling Plaintiff's responses to discove...

Excerpt: ...1:30 p.m. February 9, 2018 This action arises out of a November 15, 2016 accident involving a Bluebird School Bus (“Bus”) and an automobile driven by Petitioner Miguel Hernandez and in which Petitioner Juventino Flores was a passenger (collectively, “Petitioners”). On April 17, 2017, Petitioners filed a claim with the City of Los Angeles (“City”). On April 21, 2017, City informed Petitioners that their claim had been received. (Declar...

Excerpt: ...R Plaintiff J.C.D. (“Claimant”), a minor, by and through his Guardian Ad Litem, Crystal Chavez (“Petitioner”) has agreed to settle his claims against Defendants in exchange for $8,448.64. If approved, $1,027.89 will be used to pay medical expenses, $1,442.07 will be used to pay attorney's fees, and $2,115.86 will be used to pay non-medical expenses, leaving a balance of $1,442.07 for Claimant. Court approval is required for all settlement...

Excerpt: ...04c0049[f”) filed this action against Defendant McDonald's Corporation (“Defendant”) for negligence, premises liability, intentional tort, and conscious/reckless disregard for life and limb relating to an October 19, 2014 incident in which Plaintiff visited a drive-thru of a McDonald's restaurant and while hot coffee was being handed to her, it was dropped onto Plaintiff's legs, causing severe burns. Plaintiff prayed for punitive and exempl...

Excerpt: ...ur Fitness USA, Inc. (“Defendant”) for gross negligence, negligence, and negligent supervision/training. Defendant seeks to file records under seal on grounds the subject records contain trade secrets. Defendant is Defendant seeks to file the following records under seal: (1) Emergency Medical Response Plan; (2) Club Safety Training Program; (3) My24 Team – Code Blue: Responding to Medical Emergencies; (4) Automated External Defibrillation ...

Excerpt: ...8 On March 30, 2017, Plaintiff Louise Ann Cole (“Plaintiff”) filed this action against Defendants Raymond Paul (“Paul”) and Benjamin Moore & Co. (“BMC”) (collectively, “Defendants”) for negligence arising out of a November 10, 2015 motor vehicle accident. On April 18, 2017, Plaintiff served Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admissions on BMC. (Declaration of Robert...

Excerpt: ...Elvia Olvera (“Olvera”) (collectively, “Plaintiffs”) filed this action against Defendants Hertz Vehicles LLC and David S. Welfel (“Defendant”) for negligence arising out of an April 12, 2017 automobile accident. On July 14, 2017, Defendant served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Timoshuk. On August 24, 2017, Defendant served Form Interrogatories, Special Interrogatories, and Req...

Excerpt: ...on against Defendant Andrii Bondarevskyi (“Defendant”) alleging battery, assault, false imprisonment, intentional infliction of emotional distress, and negligent infliction of emotional distress. On November 22, 2017, the Court ordered Defendant to serve responses to Plaintiff's Special Interrogatories, Set Two, and to pay monetary sanctions by December 12, 2017. Plaintiff served notice of the Court's order on November 22, 2017. (Declaration ...

Excerpt: ...filed her Complaint on June 18, 2015 against Alexandra Baluka for general negligence and motor vehicle negligence. An answer was filed on behalf of Alexandra Baluka on February 23, 2016. On April 4, 2016, Plaintiff filed a First Amended Complaint (“FAC”), adding Alexander Baluka as a defendant, without seeking leave of the court. On February 6, 2017, the Court ordered Plaintiff's FAC stricken, as not filed in conformity with the laws of this ...

Excerpt: ...nikova (“Reznikova”), and Tillinghast and Reznikova individually (collectively “Plaintiffs”) filed a complaint against defendant Los Angeles Unified School District (“LAUSD”), Palms Middle School (“Palms”), Derek Moriuchi (“Moriuchi”), John Mullaney (“Mullaney”), Amanda Millet (“Millet”), Julio Mendoza (“Mendoza”), Christopher Smith (“Smith”) and Does 1 to 20 alleging causes of action for (1) Negligence based o...

Excerpt: ...n along with Rick Fine, an active member of the State Bar of Califomia_ (Declaration of Brian M. Rodier, 1, 9.) Applicant is a resident of Florida and is a member in good standing of the Florida State Bar. (RodierDec1_, 2, 3, 5.) Applicant is not a resident of Califomia and does not regularly engage in business in Califomia_ (Rodier Decl_, '12.) Applicant has appeared in Califomia State Court once in the past two years. (RodierDecl_: 8.) Rodier's...

Excerpt: .... 98 1:30 p.m. February 7, 2018 On May 15, 20170, Plaintiff Ana M. Echeverria (“Plaintiff”) filed this action against Defendants Covidien Sales, LLC (“Covidien”) and Jonathan Jeremy Ball (“Ball”) for negligence and negligent hiring, retention, supervision, training, entrustment relating to a March 15, 2017 automobile accident. On July 6, 2017, Covidien moved to strike all references to punitive damages. The Court granted the motion to...

Excerpt: ...on against Defendants Mohanad Abdulrhman Alnami and Maha Alnami (“Defendant”) for negligence relating to a January 26, 2016 automobile accident. Defendants failed to file an Answer and default was entered against Alnami only on July 10, 2017. Defendant now seeks to set aside default and to file an Answer. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or o...