Excerpt: ... Marvin Glenn Holloway (“Holloway”) (collectively, “Plaintiffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges ten causes of act...

Excerpt: ... and reply papers. BACKGROUND This action, which was initiated on June 13, 2023, arises out of alleged sexual abuse of a minor while Plaintiff attended a school in Moving Defendant's school district. The currently operative first amended complaint (the “FAC”) alleges: (1) sexual assault; and (2) negligence. On October 26, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the grounds that the FAC fails to allege sufficient facts ...

Excerpt: ... Antonio Vernola (“Moving Defendant”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...

Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...

Excerpt: ...urion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relati...

Excerpt: ...y papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On October 26, 2023, Plaintiff filed a complaint (the “Complaint”) alleging unlawful detainer. On December 27, 2023, Moving Defendant filed a demurrer (the “Demurrer”) on the ground that the Complaint fails to state suffi...

Excerpt: ... Republic”) RESPONDING PARTY: Defendant/Cross-Complainant Oaktree Investment Fund, LLC (“Oaktree”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an insurance dispute. Old Republic's complaint (the “Complaint”) alleges declaratory relief. Oaktree's currently operative first amended cross-complaint (the “FAXC”) alleges: (1) specific performance; (2) breach of contract; (3) breac...

Excerpt: ...CKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. On August 31, 2023, Plaintiff filed a notice of settlement. On January 4, 2023, Plaintiff filed a motion for attorney's fees (the “Motion”) to recover $91,710 in fees expen...

Excerpt: ...pers. BACKGROUND On October 20, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) promissory estoppel; and (3) declaratory relief. In relevant part, the Complaint alleges: On or about July 24, 2018, Plaintiff and Moving Defendant entered into two written agreements in order to settle a lawsuit. (Complaint ¶ 7.) One of these written agreements (the “Contract”) included a provision stating that Movin...

Excerpt: ...rian”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “5AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting bre...

Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has reviewed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising out of alleged wrongful co...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On June 2, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive ev...

Excerpt: ...ourt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages for missed rest periods; (4) failure to pay wages when due; (5) failure to provide accurate and itemized wage statements; and (6) violation of the Unfa...

Excerpt: ...ed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On August 28, 2023, Petitioner filed a petition (the “Petition”) to establish the Court's jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery procedures pursuant to Insurance Code section 11580.2, subdivision (f). On September 1, 2023, Petitioner filed: (1)...

Excerpt: ...dra; Boualiene Syprasert; and Jack Edjourian (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Chronicpractor Caregiver, Inc. (“CCI”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of a marijuana dispensary. The currently ...

Excerpt: ...la; and (2) Defendants Christian Church (Disciples of Christ) Pacific Southwest Region, McCarty Memorial Christian Church, Branden Hendricks, Lorenzo Johnson, and Bruce Indermill (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. This action arises out of a landlord/tenant relationship. The currently operative operative third amended c...

Excerpt: ...rsity (“Moving Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. [1] On December 11, 20...

Excerpt: ...red to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) professional negligence/legal malpractice. On December 1, 2023, Moving Defendant filed a motion to compel Plaintiff's deposition and production of documents (the “Motion”). The Motion also requests monetary sanctions...

Excerpt: ...YED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On October 6, 2023, Plaintiff filed a complaint against Defendants, asserting causes of action for FEHA violations. ANALYSIS “On petition of a part...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND This action arises out of the sale of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Defendant. On February 25, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of implied warranty of merchantability under the Song-Beverly Act; and (2) breach of express warranty under the Song-Beverly Act. On December 2, 2021, the Court granted...

Excerpt: ...a, Inc. (“Outfront”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fifth amended complaint (the “FAC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) breach of fiduciary duty; (4) fraud; (5) intentional interference with contractual relations; and (6) aiding and abetting breach of fiduciary duty. The cross-complaint (the “XC�...

Excerpt: ...rs. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dea...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract (count 1); (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrepresentation; and (7) fraud and concealment; and (8) civil theft under Penal Code section 496. On October 10, 2023, Moving Def...

Excerpt: ...ROUND Plaintiff's complaint (the “Complaint”) alleges 16 causes of action arising out of an employment relationship. On November 27, 2023, Moving Defendant filed: (1) a motion to compel further responses to Requests for Production, Set One (the “RFP Motion”); (2) a motion to compel further responses to Form Interrogatories, Set One (the “FROG Motion”); and (3) a motion to compel further responses to Special Interrogatories, Set One (t...

Excerpt: ...ce Motion”); and (2) a motion for determination of good faith settlement (the “Settlement Motion”). MOVING PARTIES: (1) Defendants/Cross-Complainants Brian Paya and Bita Paya (the “Paya Defendants”); (2) Defendants/Cross-Complainants S & A Realty Corp. and Nina Hunt (collectively, the “S & A Defendants”) RESPONDING PARTIES: (1) Plaintiffs; (2) the Paya Defendants The Court has considered the moving, opposition and reply papers. BACK...

Excerpt: ...Moving Defendant”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges ten causes of action arising out of a landlord/tenant relationship. In relevant part, the SAC alleges: Plaintiffs began leasing an apartment (the “Unit”) from Moving Defendants in 2016. (SAC ¶ 25.) Throughout Plaintiffs' tenancy, the Unit had ha...

Excerpt: ... opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the sale of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violations of...

Excerpt: ...papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) general negligence. In relevant part, the Complaint alleges: Plaintiff visited Moving Defendant's facility for an appointment on April 27, 2022. (Compla...

Excerpt: ... (a California Corporation) (“So Cal California”), and So Cal Practice Management, Inc. (a Montana Corporation) (“So Cal Montana”) (collectively, the “Entity Defendants”); and (2) Patrick Nazemi (“Nazemi”) (collectively, “Moving Defendants”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing u...

Excerpt: ...f The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on July 31, 2023 and arises out of an employment relationship. The currently operative first amended complaint (the “FAC”), filed on August 21, 2023, alleges: (1) whistleblower retaliation in violation of Labor Code section 1102.5; (2) age, sex, and gender discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (3)...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the enforcement of a money judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On September 19, 2023, the Court issued an order directing Defendants to provide further responses to Requests for Production (“RFPs”), Set Five. On November 20, 2023, P...

Excerpt: ..., opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) race discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) religious discrimination in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent race discrimination, harassment, and reta...

Excerpt: ...opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges claims that arise out of an employment relationship. On November 28, 2023, Plaintiff filed: (1) a motion to deem Requests for Admissions admitted (the “RFA Motion”); and (2) a motion to compel further responses (the “MTCF”) (collectively, the “Motions”). The RFA Motion concerns Requests for Admissions, Set Two (the “RFAs”). The MTCF concern...

Excerpt: ...oving Defendants”) RESPONDING PARTY: Non-party Michael Luparello (“Luparello”) The Court has considered the moving, opposition and reply papers. BACKGROUND On April 3, 2023, the Court entered a Final Judgment in Condemnation (the “Judgment”). On June 28, 2023, the Court granted Moving Defendants' motion for withdrawal of compensation after judgment to satisfy outstanding liens but required that an undertaking be posted. On August 28, 20...

Excerpt: ...) a motion to compel deposition (the “MTC”). MOVING PARTIES: (1) Defendant/Cross-Complainant Robert Lee (“Lee”); (2) Plaintiff/Cross- Defendant Jong Soo Park (“Park”) RESPONDING PARTIES: (1) Park; (2) Lee The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning an alleged agreement to purchase real property. The currently operative first amended complaint (the “FAC�...

Excerpt: ... No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative third amended complaint (the “TAC”) alleges nine causes of action arising out of an employment relationship, including a claim arising under the Private Attorneys General Act (�...

Excerpt: ...papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On February 14, 2023, Plaintiff filed the Complaint alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; (4) b...

Excerpt: ...2023, Petitioner filed a notice of hearing on her petition to compel arbitration (the “Petition”) that was originally filed on August 30, 2023. The Petition contends that a dispute regarding remodeling work Respondent performed on Petitioner's residence is subject to binding arbitration pursuant to an arbitration provision (the “Arbitration Agreement”) in a written agreement entered into by Petitioner and Respondent. DISCUSSION The purpos...

Excerpt: ...��Cuzzolina”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges intentional interference with contractual relations. In relevant part, the Complaint alleges: On or about May 14, 2021, Simplified obtained a judgment against Tricap International, LLC (“Tricap”) (the “Tricap Judgment”). (Complai...

Excerpt: ...OUND This action arises out of an attorney-client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) legal malpractice; (2) breach of contract; and (3) breach of fiduciary duty. On November 18, 2023, Plaintiff filed a motion for protective order (the “Motion”). The Motion requests a protective order limiting the number of responses that Plaintiff is required to provide to Defendant's Special Interrogatories, Set One (the �...

Excerpt: ...efendants Kalie Caldwell (“Caldwell”) and Harold Hildebrand (“Hildebrand”) (collectively, “Moving Cross-Defendants”) RESPONDING PARTY: Defendant/Cross-Complainant Move Sales, Inc. (“MSI”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) s...

Excerpt: ...and Hugo Larios (“collectively, “Defendants”). The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff seeks punitive damages in connection with several of the claims in the operative first amended complaint (the “FAC”) brought under the Fair Employment and Housing Act (“FEHA”). Plaintiff filed a motion for an order to conduct pretrial discovery reg...

Excerpt: ...s considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wage; (2) failure to ...

Excerpt: ...papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (...

Excerpt: ...ion and reply papers. BACKGROUND This action arises out of alleged defects in the development and construction of a condominium development (the “Property”). Plaintiff's complaint (the “Complaint”) was filed on November 5, 2020 and alleges: (1) violation of Civil Code section 896; (2) breach of express warranties; (3) breach of implied warranties; (4) breach of fiduciary duty; and (5) breach of declaration of covenants, conditions, and re...

Excerpt: ...ved at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On December 15, 2020, the Court entered judgment in favor of Plaintiff and against Defendant in the amount of $40,678.70. On October 4, 2023, Plaintiff filed a motion to enforce a deposition subpoena that was served on Defendant (the “Motion”). DISCUSSION Under CCP section 2025.450, if, after service o...

Excerpt: ...collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach of the covenant of...

Excerpt: ...�Sentinel”) RESPONDING PARTY: Plaintiff General Star National Insurance Company (“Plaintiff” or “General Star”) The Court has considered the moving, opposition and reply papers. BACKGROUND In relevant part, the Complaint alleges: Moving Defendant issued a commercial general liability policy to Zuma House, LC (“Zuma”) (the “Sentinel Primary Policy”). (Complaint ¶ 5.) The Sentinel Primary Policy included business liability covera...

Excerpt: ... required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005 subdivision (b). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of the Fair Employment and Housing Act ...

Excerpt: ...lectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a drug...

Excerpt: ...quired to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises from an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of Plaintiff and all other aggrieved employees for various Labor Code violations. Plaintiff and...

Excerpt: ...oration (“Sushi KJ”) and Sang Woo Lee (“Lee”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the sale of a business. On April 27, 2022, the Court granted Moving Defendant's demurrer (the “Demurrer”) to the negligent misrepresentation claim in Plaintiffs' third amended complaint (the “TAC”). On May 10, 2022, the Court enter...

Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) negligence; (7) negligence per se; (8) conversion; (9) breach of fiduciary duty; (10) breach of contract...

Excerpt: ...llectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: as part of a job application, Plaintiff visited SCIMC to complete a physical exam and a dru...

Excerpt: ...opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of alleged property damage. Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; (2) negligent failure to maintain real property in a safe condition; (3) trespass; ...

Excerpt: ...nsidered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges a cause of action under the Private Attorneys General Act (“PAGA”). On August 10, 2023, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that Plaintiff is required to resolve her individual PAGA claims in arbitration pursuant to an arbitrat...

Excerpt: ...Mr. Risner”) and Adrianna Risner (“Ms. Risner”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) negligence; (2) negligent hiring and supervision; (3) tortious breach of the warranty of habitability; (4) breach of the implied warranty of habitability; (5) breach of t...

Excerpt: ... Boualiene Syprasert (“Syprasert”); and Jack Edjourian (“Edjourian”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Chronicpractor Caregiver, Inc. (“CCI”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of a mari...

Excerpt: ...paty, M.D. (“Nuthalapaty”); and Monica Keh (“Keh”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged misconduct that occurred during Plaintiff's admission at two skilled nursing facilities. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) violation of the Elder/Dependent Abuse Act...

Excerpt: ... moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of implied duty of good faith and fair dealing; (6) aiding and abetting breach of fiduciary duty; (7) negl...

Excerpt: ...ion and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) hostile work environment harassment; and (2) failure to prevent and/or remedy harassment. On October 20, 2023, Moving Defendant filed a motion to compel further responses (the “Motion”) to Special Interrogatories, Set One (“SPROGs”) that were propounded on Plaintiff. The Motion also requests that ...

Excerpt: ...papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of implied covenant of good faith and fair...

Excerpt: ...moving, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2021 Chevrolet Bolt EV (the “Vehicle”) that was manufactured by Moving Defendant. The currently operative first amended complaint (the “FAC”) alleges: (1) fraud – concealment; (2) negligent misrepresentation; (3) violation of Business and Professions Code section 17200; (4) breach of express warranty; (5) breach of implied warra...

Excerpt: ...(“Patience”) and Wander and Ponder, LLC (“Wander”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which was initiated by Plaintiffs on April 2, 2021, arises out of a business relationship. The currently operative second amended complaint (the “SAC”) alleges: (1 ) breach of contract; (2) fraud by misrepresentation; (3) fraud in the inducement; (4) negligent mis...

Excerpt: ...55 Wilshire”) (collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a sublease arrangement. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of oral agreement; (2) wrongful retention of security deposit under Civil Code section 1950, subdivision (c); (3) money had and received; (4) breach o...

Excerpt: ...PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute regarding the care Plaintiff received as a resident at two skilled nursing facilities. The complaint (the “Complaint”) alleges: (1) breach of contract; (2) elder/dependent adult abuse; (3) breach of fiduciary duty; (4) fraud; (5) civil remedies under Penal Code section 496; (6) civil remedies under Civil Code secti...

Excerpt: ...e filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute concerning an alleged agreement to purchase real property. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) recission of contract; (3) convers...

Excerpt: ... opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) fraudulent concealment; (6) negligence; (7) negligence per se; (8) conversion; (9) breach of fiduciary duty; (10) breach of contra...

Excerpt: ... filed a complaint against Hongqiang Zhou (“Defendant”), alleging causes of action for: (1) breach of contract; (2) unjust enrichment; (3) breach of fiduciary duty; (4) fraud – deceit; (5) fraud – intentional misrepresentation; (6) negligent misrepresentation. On October 4, 2023, Plaintiff filed the instant motion to enforce civil subpoena against Defendant. On October 25, 2023, Plaintiff filed a Notice of Non-Opposition. MEET AND CONFER ...

Excerpt: ... BACKGROUND This action arises out of a landlord/tenant relationship. On June 27, 2022, Plaintiff Christopher Vasell (“Plaintiff”) filed a complaint against Defendant Newsat, LLC (“Defendant”), alleging causes of action for: (1) constructive eviction; (2) tenant harassment in violation of Los Angeles Municipal Code; (3) breach of implied warranties; (4) negligence; (5) violation of the unfair competition law; (6) private nuisance; (7) bad...

Excerpt: ...oldings, LLC, and Brookfield Properties Management (CA), Inc. (collectively, “Brookfield Defendants”) RESPONDING PARTY: Plaintiff, Howard Building Corporation The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action arising from a breach of a construction agreement. Plaintiff alleges that Plaintiff and Defendant Maguire entered into a construction agreement but Moving Defendants breached the Agreement by...

Excerpt: ...ND This is a PAGA action. Plaintiff Teresa R. Fleming (“Plaintiff”) was employed by Defendant Data Media Visual Services, LLC (“Defendant”) from September 2021 to December 17, 2021. Defendant allegedly failed to pay Plaintiff all wages at the applicable minimum wage for all hours worked and overtime wages for all overtime hours worked. On February 10, 2023, the Court issued an order on joint stipulation to stay case pending the California...

Excerpt: ...ING PARTY: Plaintiff Kyle Madison RESPONDING PARTY: None The Court has considered the moving papers. BACKGROUND The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On September 20, 2023, Plaintiff Kyle Madison (“Plaintiff”) filed this motion to continue trial. On October 17, 2023, the Court granted Plaintiff's Ex Parte Application to Advance Hearing...

Excerpt: ...LC, and DOES 1-48, Defendants. CASE NO.: 20STCV19545 [TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION OF PERSON MOST KNOWLEDGEABLE Date: November 2, 2023 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano, Kathryn Sessinghaus, Individually and As Heirs of Vincent Paul Martin and together with Plaintiffs Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr., individually and as heirs of James Marvin Ivey RESPO...

Excerpt: ...ndustries, Inc. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff filed a complaint arising from the alleged breach of an agreement for construction services as to a property located at HNTB LA Office, 777 S. Figueroa Street, 22nd and 23rd Floors, Los Angeles, CA 90017 (the “Property”) alleging causes of action against Defendants for: (1) foreclosure of mechanic's lien; (2) breach of written contract; (3)...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1975 to 1977. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...

Excerpt: ...”) RESPONDING PARTY: None The Court has considered the moving papers. Neither opposition nor reply papers were filed. BACKGROUND This is an action arising from a subcontract for painting and fabric installation to be done by Plaintiff Spectra Contract Services, Inc. (“Plaintiff Spectra”) on property owned by Defendant Maguire. Plaintiff Spectra filed a Complaint against Defendant Maguire; HNTB Corporation; Howard Building Corporation; and D...

Excerpt: ... PARTY: Plaintiff Chyon Simmons (“Plaintiff”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This action arises from an alleged partnership agreement between Plaintiff, Defendant Desmond Lindsey (“Defendant Lindsey”), and Defendant Ironstep Construction and Engineering, LLC (“Defendant Ironstep”). Plaintiff Simmons filed the operative First Amended Complaint (“FAC”) against D...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1969 to 1970. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...

Excerpt: ...sidered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least five court days before the hearing pursuant to Code Civ. Proc. § 1005(b). BACKGROUND Plaintiff filed a complaint against Defendants Qiang Ma and Does 1 to 50 arising from alleged legal malpractice, alleging a single cause of action for professional negligence/legal malpractice. On August 17, 2023, Defendant filed...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; (2) negligence; (3) negligent hiring, retention, and supervision; and (4) negligent hiring, retention, and supervision. Only the first and third causes of action are alleged against Moving Defendant. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND The currently operative First Amended Complaint (the “FAC”) alleges: (1) negligence; and (2) negligent hiring, retention, and supervision. In relevant part, the FAC alleges that Plaintiff was sexually abused by Norbert Stuart Volk (“Volk”), a teacher employed by Moving Defendant from approximately 1978 to 1981. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...

Excerpt: ... May 18, 2023, Plaintiff filed a complaint for damages. The complaint consists of one page and is handwritten. The complaint alleges a violation of a tenant ordinance; however, the Court cannot ascertain the complete allegations of the complaint as the handwriting is illegible. (Complaint at 1:16-20.) On October 6, 2023, Plaintiff filed what purports to be a motion for leave to amend the complaint (the “Motion”). Plaintiff did not file a proo...

Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of alleged injuries caused by exposure to hazardous materials. The currently operative first amended complaint (the “FAC”) alleges: (1) negligence; (2) strict liability – warning defect; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. In relevant part, the FAC alleges...

Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of habitability and substandard conditions concerning Plaintiff's tenancy at the premises located on 3531 E. 6 th Street, Los, Angeles, California. On August 19, 2019, Plaintiffs Barbara Mendoza (“Plaintiff”), Johnny Ramirez, and Lisa Granado filed a complaint against Defendants Danny Navarro (“Defendant”) and Does 1-5, alleging (1) breach of imp...

Excerpt: ...ourt has considered the moving papers. No opposition papers were filed. The Court further notes that although the Court has received notice of automatic stay based on the bankruptcy filing of Defendant GJY Property Investment, Inc., LLC, it has not issued an order staying the entire action, and the remainder of the action is proceeding as to Plaintiffs' claims as to, among other defendants, Gregory C. Yu, moving party herein BACKGROUND This conso...

Excerpt: ...Trial: May 6, 2024 AND RELATED CROSS-ACTIONS MOVING PARTY: Defendant/Cross-Complainant City of Pomona (the “City” or “Pomona”) RESPONDING PARTY: Cross-Defendant Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from a dispute over the City's regulation of billboards and was initiated by Plaintiffs on February 14, 2019. The currently operative ...

Excerpt: ... Wayne Fishback (“Plaintiff Fishback”) The Court has considered the moving, opposing, and reply papers. BACKGROUND This is an action arising from false statements allegedly made about Plaintiff Fishback in an email sent to employees of the County of Los Angeles Department of Public Works. Plaintiff Fishback filed the operative Third Amended Complaint (“TAC”) against Defendant Campbell alleging causes of action for: defamation and libel pe...

Excerpt: ..., and reply papers. BACKGROUND - Richard Hernandez (“Plaintiff”) filed a complaint (the “Complaint”) which alleges 15 causes of action arising from an employment relationship with American Guard Services, Inc (“Defendant”). On September 8, 2023, Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began working for Defendant, he signed agreements that contained provisions requiring him t...

Excerpt: ...�) RESPONDING PARTIES: Plaintiffs A Plus Fabric, Inc.; Q Textile, Inc.; and Elliot Tishbi The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a complaint against Defendants arising from an allegedly fraudulent loan scheme, alleging 24 causes ...

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

Excerpt: ... an individual; AARON HIRSCHHORN, an individual; WESTWOOD CONCIERGE, LLC, a California limited liability company; WM INVESTMENT HOLDINGS, LLC, a Kentucky limited liability company; WMIH-I, LP, a Kentucky limited partnership; KAN FUNDING LLC, a Delaware limited liability company; EDIDIN PARTNERS, LLC, a Delaware limited liability company; 1P VENTURES, LLC, a California limited liability company; SHARRAN INVESTMENTS; THE ENTRUST GROUP FBO SHARRAN S...

Excerpt: ...NTATIVE] ORDER RE: MOTION FOR AN ORDER EXPANDING THE PAGE LIMIT ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION 8:30 a.m. October 25, 2023 Dept. 56 MOVING PARTY: Defendant Marcel Adrian Solero Filart RESPONDING PARTIES: Plaintiffs Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus The Court has considered the moving, opposition, and reply papers. BACKGROUND This survivor action arises out o...

Excerpt: ...sidered the moving, opposition, and reply papers. BACKGROUND - This case arises out of allegations of religious discrimination. Mauricio Quinto (“Plaintiff”) files suit against his employer, Defendant LACOE for violating his right to religious freedom. Plaintiff identifies as a Christian. Plaintiff is an experienced academic counselor and during the 2020-2021 school year was employed by Defendant. (Complaint, 2:3 and 10-11.) During his employ...

Excerpt: ...apers. BACKGROUND Plaintiff filed a complaint arising from the alleged interception of Plaintiff's chats on Defendant's website, alleging causes of action for: (1) violations of the California Invasion of Privacy Act (“CIPA”) pursuant to California Penal Code, Section 631; and (2) violations of the CIPA pursuant to California Penal Code, Section 632.7. On September 20, 2023, Defendant filed and served a demurrer to the first and second causes...

Excerpt: ...RTY: None. The Court has considered the moving papers. Neither opposition nor reply papers were filed. BACKGROUND This is an action arising from alleged damage to a condominium unit owned by Plaintiff Coleen L. Johnson (“Plaintiff Johnson”) that suffered water damage due to a burst pipe in a connected condominium unit (the “Unit”) owned by Defendant Maria B. Rivera Henriquez (“Henriquez”). Plaintiff Johnson filed the operative Complai...

Excerpt: ...n (“Mr. Galvan”) and Paige Galvan (“Ms. Galvan”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This is an action arising from a lease and option to purchase agreement between Mr. Galvan, Ms. Galvan, and Defendant Waljeski. Mr. Galvan and Ms. Galvan filed the operative Complaint against Defendant Waljeski alleging causes of action for: (1) violation of California Civil Code § 1942.4...

Excerpt: ...n (“Mr. Galvan”) and Paige Galvan (“Ms. Galvan”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This is an action arising from a lease and option to purchase agreement between Mr. Galvan, Ms. Galvan, and Defendant Waljeski. Mr. Galvan and Ms. Galvan filed the operative Complaint against Defendant Waljeski alleging causes of action for: (1) violation of California Civil Code § 1942.4...