Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On July 5, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of Labor Code sections 233 and 2698; (2) Violation of Labor Code sections 98.6 and 2698; (3) violation of Labor Code sections 226 and 2698; (4) Civil Penalties under the Private Attorneys General Act (“PAGA”); (5) failure to pay minimum...

Excerpt: ...tion 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 Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) intentional infliction of emotional distress; (5) nuisanc...

Excerpt: ...oss-Complainants Centurion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Cuevas's first amended complaint (the “FAC”) alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) fa...

Excerpt: ...��Pomona”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the City's regulation of billboards and was initiated by Plaintiffs on February 14, 2019. The currently operative sixth amended complaint (the “6AC”) alleges: (1) declaratory relief, injunctive relief, and damages for deprivation of civil rights (First Amendment). In relevant part, the...

Excerpt: ...rstone”); Lyons Marble, Inc. (“Lyons”); and M S International (“M S”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs The Court 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) stri...

Excerpt: ..., 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 Unfair Competition Law. On Septemb...

Excerpt: ...ross-Complainants Centurion Protection Services and Richard Ray Dudgeon (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Cuevas's first amended complaint alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) failure to reimburse and indemnify for expenditures...

Excerpt: ...ng, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 15 causes of action arising from an employment relationship. On September 8, 2023, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began working for Moving Defendant, he signed agreements that contain provisions that require him to adjudicate his current claims in binding arbitration. REQUEST ...

Excerpt: ... “City” or “Pomona”) RESPONDING PARTY: Defendant/Cross-Complainant/Cross-Defendant Real Party in Interest, Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns billboard structures (the “Billboards”) located in Pomona that are operated by Regency. On November 17, 2022, Regency filed a cross-complaint (the “XC”) alleging two causes of act...

Excerpt: ...rs were required to have been filed and served within 10 days of service as provided under California Code of Civil Procedure (“CCP”) section 1290.6. BACKGROUND On July 7, 2023, Petitioner filed a petition (the “Petition”) to establish jurisdiction over an underinsured motorist action. On July 10, 2023, Petitioner filed a motion to compel arbitration (the “Motion”) on the ground that Respondent has failed to respond to Petitioner's re...

Excerpt: ...e, LLC (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 five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a business relationship. On October 17, 2017, the Court granted summary judgment on Plaintiffs'...

Excerpt: ...has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of the Song-Beverly Consumer Warranty Act; (2) breach of the implied warranty of merchantability under the Song- Beverly Act; and (3) breach of express warranties pursuant to Commercial Code section 2313. Plaintiff filed a Notice of Settlement on April 26, 2023. On July 14, 2023, Plaintiff filed a motion for attorn...

Excerpt: ...intiff's complaint (the “Complaint”) alleges 11 causes of action arising from an employment relationship. On July 3, 2023, Plaintiff filed a motion to compel responses to various discovery requests propounded on Defendant (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to serve a timely response, the...

Excerpt: ...RESPONDING PARTY: Cross-Defendant James West (“West”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged construction defects at a residential property. In the Complaint, Plaintiff alleges that defendants, including West, breached their contracts with Plaintiff and were negligent in the performance of their duties in the construction of a single family residence (the “Project”). ...

Excerpt: ...n and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud by false promise; and (3) fraud by misrepresentation. In relevant part, the FAC alleges: After two of Moving Defendant's pet bulldogs were taken from her dog walker at gunpoint, Moving Defendant offered to pay a reward of $500,000 in exchange for the return of her dogs. (See FAC ¶¶ 10, 12, 13.) Plaintiff alle...

Excerpt: ...tate of Luigi Antonio Vernola (“Moving Defendant”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract. In relevant part, the Complaint alleges: On or around October 14, 2018, Decedent and Plaintiff signed a lette...

Excerpt: ...eply 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 section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; and (2) breach of fiduciary duty and emotional distress. In relevant part, the Complaint alleges: within the past three years, Plaintiff and Moving Defendant entered int...

Excerpt: ...eply 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 section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; and (2) breach of fiduciary duty and emotional distress. In relevant part, the Complaint alleges: within the past three years, Plaintiff and Moving Defendant entered int...

Excerpt: ...reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising from an employment relationship. On August 16, 2023, Plaintiff filed a motion to compel further responses to Plaintiff's Requests for Production, Set Three (“RFPs”) and for monetary sanctions (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2031.310, a motion to compel further ...

Excerpt: ...ion Plan (“MPPP”), by and through their successor Administrator Med- Legal Associates, LLC (“MLA LLC”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs/Cross-Defendants The Court has considered the moving, opposition and reply papers. BACKGROUND On September 9, 2020, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debto...

Excerpt: ...�) 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. On July 18, 2023, Plaintiff filed a motion to seal...

Excerpt: .... BACKGROUND This action arises out of the lease of an allegedly defective vehicle that was manufactured by Defendant. The currently operative second amended complaint (the “SAC”) alleges multiple violations of the Song-Beverly Act, fraud by omission, and negligent repair. On June 21, 2023, Plaintiff filed a motion to compel Defendant's further responses to Requests for Production (“RFP”), Set Two deposition (the “Motion”). DISCUSSION...

Excerpt: ...sidered 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 Plaintiff's complaint (the “Complaint”) alleges 11 causes of action that arise out of an employment relationship. On August 24, 2023, Moving Defendant filed a motion for determinati...

Excerpt: ...n papers. The Court exercises its discretion and has considered the opposition papers despite Plaintiff's failure to comply with the requirements of California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of the Song-...

Excerpt: ...�); and Cross-Defendants 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, opposition and reply papers. BACKGROUND This action, which was initiated on April 2, 2021, arises out of a business relationship. The cross-complaint (the “XC”), filed on April 25, 2023, all...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the enforcement of a previously issued judgment. The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On March 10, 2023, the Court granted Plaintiff's motion to compel responses to Requests for Production (“RFPs”), Set Five and denied Defendants' motion...

Excerpt: ...nd reply papers. [2] BACKGROUND This action arises out of an employment relationship. The Complaint alleges: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and deceit; (4) breach of fiduciary duty; (5) constructive fraud; (6) conversion; (7) misappropriation of trade secrets in violation of Civil Code section 3462; (8) violation of Business and Professions Code section 17200; and (9) declaratory relie...

Excerpt: ... opposition and reply papers.[1] BACKGROUND On July 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging violations of the Unruh Act. On July 26, 2022, Moving Defendant's default was taken, and on January 26, 2023, the Court entered default judgment against Moving Defendant. On June 29, 2023, Moving Defendant filed a motion to set aside the default and default judgment (the “Motion”) on the grounds that the service of the Comp...

Excerpt: ...ung (“Young”) and GB7 LLC (“GB7”) (collectively, “Cross-Complainants”) The Court 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) sexual battery; (2) sexual assault; (3) gender violence; (4) sexual harassment and harassment based on sex, gender, national origin, and race in violation of t...

Excerpt: ...n”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges five causes of action arising out of an employment relationship. On August 1, 2023, Moving Defendants each filed three motions concerning discovery requests they propounded on Plaintiff (collectively, the “Motions”): (1) a motion to compel res...

Excerpt: ...and Seung Jae Baek (“Baek”) (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).[1] BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 24 causes of action ari...

Excerpt: ...PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of alleged law enforcement misconduct, was initiated on May 4, 2021. On October 28, 2022, Plaintiffs filed the operative third amended complaint (the “TAC”) alleging: (1) violation of Civil Code section 52.1; (2) v...

Excerpt: ...intiffs” or “Petitioners”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served within ten days of the service of the moving papers under California Code of Civil Procedure (“CCP”) section 1290.6. BACKGROUND On July 22, 2019, Petitioners filed a complaint (the “Complaint”) alleging: (1) unpaid wages (Labor Code section 218); (2) unpaid minimum ...

Excerpt: ...LM”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the foreclosure sales of two real properties (collectively, the “Properties”). The operative second amended complaint (the “SAC”) alleges: (1) set aside trustee sale; (2) cancellation and rescission of instruments; (3) quiet title; (4) wrongfu...

Excerpt: ...millo (“Jaramillo”) The Court has considered the moving, opposition and reply papers. REQUEST FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice is GRANTED. Plaintiff's supplemental Request for Judicial Notice is DENIED. EVIDENTIARY OBJECTIONS Plaintiff's evidentiary objections are OVERRULED. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act (the “Bane Act”). On August 10, ...

Excerpt: ... (“CPS”) The Court 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) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) failure to reimburse and indemnify for expenditures; (4) failure to provide meal and rest periods or compensation in lie...

Excerpt: ...olloway”) (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 action arising out of an employ...

Excerpt: ...position and reply papers. BACKGROUND This action arises from the lease of an allegedly defective vehicle (the “Vehicle”) which was manufactured by Moving Defendant. 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. In relevant par...

Excerpt: ...ired 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 two causes of action for breach of contract. On August 25, 2022, Plaintiff filed a notice of settlement indicating that Plaintiff and Defendant had entered into a settlement agreement (the “Settlement Agreement”) to reso...

Excerpt: ...d Seung Jae Baek (“Baek”) (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 The currently operative first amended complaint (the “FAC”) alleges 24 causes of action arising ...

Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) common law and statutory fraud and deceit; (2) promissory estoppel; and (3) negligent misrepresentation In relevant part, the FAC alleges: Moving Defendant's vice president of construction, Sam Sapp (“Sapp”) began recruiting Plaintiff for a project manager position on or ...

Excerpt: ...ng Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) defamation per se; (2) defamation per quod; and (3) violation of California Business & Professions Code section 17200. In relevant part, the Complaint alleges: Plaintiffs and Moving Defendants operate competing cannabis businesses. (See Complaint ¶ 24.) Moving Defenda...

Excerpt: ... has considered the moving, opposition and reply papers. BACKGROUND This action, which arises out of an employment relationship, was initiated on July 15, 2022. The currently operative second amended complaint (the “SAC”) alleges: (1) workplace disparate treatment; (2) hostile work harassment; (3) retaliation under the Fair Employment and Housing Act (“FEHA”); (4) failure to prevent FEHA discrimination; (5) whistle blower retaliation; (6)...

Excerpt: ...pers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) that was manufactured by Defendant. The complaint (the “Complaint”) alleges four causes of action for violations of the Song-Beverly Act. On June 8, 2023, Plaintiff filed a motion to compel further responses to the Requests for Production (“RFPs”), Set 1 that were served on Defendant (the “Motion”). DISCUSSION Meet and Confer ...

Excerpt: ..., D.O. (collectively, “Defendants”) 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) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. On July 24, 2023, Plaintiff filed a motion for leave to file a third amended complaint (the “...

Excerpt: ...ani, VIP Tours of California, Inc., and LAX Cafe & Convenience Store, Inc. (collectively, “Moving Defendants”) RESPONDING PARTIES: (1) Defendant LRW Investment Company (“LRW”); (2) lien claimant Michael Luparello (“Luparello”) The Court has considered the moving, opposition and reply papers.[1] REQUEST FOR JUDICIAL NOTICE Moving Defendants' Request for Judicial Notice is GRANTED. BACKGROUND On April 12, 2018, Plaintiff filed a complai...

Excerpt: ... 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 two causes of action for breach of contract. On August 25, 2022, Plaintiff filed a notice of settlement indicating that Plaintiff and Defendant had entered into a settlement agreement (the “Settlement Agreement”) to resolve ...

Excerpt: ...NG PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud and deceit – intentional misrepresentation; (3) fraud and deceit – negligent misrepresentation; (4) fraud and deceit – promise made without intention to perform; (5) cancellation of instrument; and (6) declaratory relief. In relevant part, ...

Excerpt: ...his action arises out of a dispute over the abatement of a public nuisance on real property owned by Plaintiff. The currently operative second amended complaint (the “SAC”) alleges: (1) declaratory relief; (2) breach of contract – Development Agreement; (3) breach of implied covenant of good faith and fair dealing – Development Agreement; (4) breach of contract – Settlement Agreement; (5) breach of implied covenant of good faith and fai...

Excerpt: ... (collectively, the B&K Defendants”); and (2) Defendants Soon Han Pak, Chung Hyuk Pak, and 3855 Wilshire Blvd Property, LLC (collectively, the “3855 Wilshire 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 first amended complaint (the “FAC”) alleges: (1) breach of oral agreement; (2) breach ...

Excerpt: ... has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the assessment of a municipal tax. Plaintiffs' complaint (the “Complaint”) alleges a claim for refund of illegally assessed taxes paid/damages. In relevant part, the Complaint alleges: In 2017, City voters approved “Measure C,” a tax proposal that imposes a business tax on businesses that operate oil refineries or facilities that s...

Excerpt: ...rties, Inc.; Pama Management, Inc.; Golden Management Services Inc.; Swaranjit S. Nijjar; and Daljit K. Kler (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in North Hollywood. On July 20, 2023, Plaintiff filed the currently operative fir...

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

Excerpt: ...dered 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 retaliation/harassment/discrimination; (5) violation of the Family Medical Leave Act; (6) failure to accommodate; and (7) failure to engage in good faith interactive process. In relevant p...

Excerpt: ... 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) fraudulent concealment; (2) fraud; (3) negligent misrepresentation; (4) breach of fiduciary duty; and (5) accounting. On March 1, 2023, Plaintiff filed a stipulation (the “Stipulation”) providing that Plaintiff and Defenda...

Excerpt: ... moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On February 16, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) sexual harassment; (2) failure to take reasonable steps to prevent harassment; (3) retaliation; (4) wrongful termination; (5) wrongful termination in violation of public policy; (6) failure to pay overtime wages; (7) failure to pay minimum wages; (8) failure to...

Excerpt: ...ng, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2021 Chevrolet Bolt EV (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) fraud (concealment and misrepresentation); (2) negligent misrepresentation; (3) business & Professions Code section 17200; (4) breach of express warranty under the Song-Beverly Act; (5) breach of impl...

Excerpt: ...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 an attorney/client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) professional negligence/legal malpractice. On February 1, 2023, Moving Defendant filed: (1) a motion to compel further responses to Requests for Admissions, Se...

Excerpt: ...”) 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 alleged damage to Plaintiff's condominium unit caused by a neighboring unit located in a common interest community for which Moving Defend...

Excerpt: ...moving, opposition and reply papers. BACKGROUND On June 20, 2023, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) defamation per se; (2) defamation per quod; and (3) violation of California Business and Professions Code section 17200. On July 17, 2023, Moving Defendant filed a motion to disqualify Plaintiffs' counsel (the “Motion”). The Motion argues that Plaintiffs' counsel, Venable LLP (“Venable”) should be disqualified...

Excerpt: ...Paul Humenik (“Humenik”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the purchase of real property (the “Property”). Goodlaw's complaint (the “Complaint”) alleges: (1) breach of contract; (2) violation of Civil Code section 2943; (3) quiet title to real property; (4) injunctive relief; (5) specific performance; (6) conversion; (7) trespass to chattels; (8)...

Excerpt: ...file a second amended complaint (the “SAC Motion”) filed by Plaintiff/Cross-Defendant Matthew Mark (“Mark”); and (2) a motion for trial preference (the “Trial Motion”) filed by Defendant/Cross-Complainant Betty Sue Weitkamp (“Weitkamp”). MOVING PARTIES: (1) Mark; (2) Weitkamp RESPONDING PARTIES: (1) Weitkamp; (2) Mark BACKGROUND This action arises out of a dispute over the use of neighboring properties located in Malibu. Mark's cu...

Excerpt: ...dant”)[1] RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On February 17, 2021, Plaintiffs filed a complaint (the “Complaint”) alleging: (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 se...

Excerpt: ...ed the moving, opposition and reply papers. BACKGROUND Plaintiff's first amended complaint (the “FAC”) alleges ten causes of action arising from a landlord/tenant relationship. On May 5, 2023, the Court issued an order continuing the trial start date from June 19, 2023 to November 27, 2023. The Court's May 5, 2023 order specified that discovery cut-off dates would not be extended to correspond with the new trial date. On July 11, 2023, Moving...

Excerpt: ...ving 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. On July 11, 2023, Plaintiff filed ...

Excerpt: ...CKGROUND This action arises out of the purchase of an allegedly defective vehicle that was manufactured by Defendant. The operative second amended complaint (the “SAC”) alleges: (1) violations of the Song-Beverly Act; (2) violations of the Magnuson-Moss Act; (3) violations of the Consumers Legal Remedies Act; (4) violations of the unfair competition law; (5) violations of Vehicle Code sections 11713 and 11713.18; and (6) bond liability.[1] On...

Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND On January 20, 2017, Plaintiff filed a complaint (the “Complaint”) alleging: (1) legal malpractice; (2) breach of fiduciary duty; and (3) breach of contract. On January 29, 2019, the Court granted Defendants' motion to compel arbitration on the grounds that the parties had entered into a binding arbitration agreement (the “Agreement”) and stayed the action pending the conclu...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) discrimination; (2) failure to prevent discrimination; (3) failure to engage in a timely good faith interactive process; (4) failure to provide reasonable accommodation; (5) retaliation; (6) harassment; and (7) failure to prevent harassment. In relevant part, the Compla...

Excerpt: ...s”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers.[1] BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act (the “Bane Act”). In relevant part, the Complaint alleges that Defendants have mistreated Plaintiff, who is an elected official serving on the governing board of CBMWD, in numerous ways, including by preventing her from speaking du...

Excerpt: ...s”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising out of an employment relationship. On December 28, 2022, the Court granted Moving Defendants five days leave to file a cross-complaint (the “XC”). Moving Defendants filed the XC on April 12, 2023, and filed a first amended cross compla...

Excerpt: ...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. On July 6, 2023, Plaintiff filed a motion for preliminary approval of Private Attorneys General Act (“PA...

Excerpt: ...BACKGROUND This action arises out of an attorney/client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written contract; and (2) common count – services rendered. On June 20, 2023, Defendant filed an answer (the “Answer”) to the Complaint that asserts 19 affirmative defenses. On June 23, 2023, Plaintiff filed a demurrer (the “Demurrer”) to the Answer on the grounds that the Answer fails to state suffici...

Excerpt: ...o strike/tax costs (the “Costs Motion”) filed by Defendant Mercedes- Benz USA, LLC (“Defendant”). MOVING PARTIES: (1) Plaintiff; (2) Defendant RESPONDING PARTIES: (1) Defendant; (2) Plaintiff The Court has considered the moving, opposition and reply papers. No reply papers were filed in connection with the Costs Motion. Any reply papers were required to have been filed and served at least five court days before the hearing under Californi...

Excerpt: ... PARTY: Plaintiff 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 relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) civil penalties under the Private ...

Excerpt: ...osition 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 an employment relationship. On October 25, 2021, Plaintiff filed a complaint (the “Complaint”) individually and on behalf of all other aggrieved employees asserting a cause of action for civil penalties pursuant to t...

Excerpt: ...apers 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 the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of implied warranty of merchantability under the...

Excerpt: ...diocese of Los Angeles Education and Welfare Corporation (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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND The currently operative first amended complaint (the “FAC”) alleges...

Excerpt: ...led. 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 The currently operative second amended complaint (the “SAC”) alleges seven causes of action arising out of an employment relationship. On May 19, 2023 Moving Defendant filed four motions to compel Plaintiff's responses to discovery prop...

Excerpt: ...ving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”) alleges defamation per se. In relevant part, the SAC alleges: Plaintiff purchased property (the “Property”) in 2007 that he planned to rehabilitate and improve. (SAC ¶ 15.) In 2008, Moving Defendant, a Deputy District Attorney, filed a six- count criminal complaint against Plaintiff alleging land use violations. (SAC ¶ 22.) Years l...

Excerpt: ...ely, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On May 5, 2023, Plaintiff filed a third amended complaint (the “TAC”) alleging: (1) invasion of privacy; (2) sexual battery; (3) negligent hiring and retention; and (4) premises liability. In relevant part, the TAC alleges: on or around January 11, 2022, Plaintiff applied to work at Michelson Laboratories, Inc...

Excerpt: ...el B. Schwab, Big Sky Venture Capital III, LLC, and Big Sky Real Estate, LLC (“collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Cross-Complainants' cross-complaint (the “CX”) alleges: (1) breach of contract; (2) breach of contract; (3) breach of contract; (4) fraud; (5) fraud; (6) breach of fiduciary duty; (7) accounting; (...

Excerpt: ...”), Uriel Juarez, and Grejur CO LLC (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 22 causes of action arising out of an employment relationship. On December 12, 2022, Defendants filed a cross-complaint (the “XC”) alleging” battery; and (2) intentional infliction of emotional distress. In relevant part, the XC alleges: be...

Excerpt: ...rs. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Moving Defendant. On November 2, 2022, the Court entered a judgment (the “Judgment”) which provided that Defendants would pay Plaintiff $170,475.60 in restitution and other damages. The Judgment also provides for Plaintiff's return of the Vehicle to Defendants. On April 20, 2023, Plaintiff filed a Memorandum of Costs Aft...

Excerpt: ...dants The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex. Plaintiff's complaint (the “Complaint”) alleges: (1) public nuisance; and (2) unfair competition. On May 12, 2023, Plaintiff filed a motion to compel Defendants to comply with the Court's October 6, 2022 order (the “MTC”). On June 14, 2023, Plaintif...

Excerpt: ... 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) breach of written contract; (2) indebitatus assumpsit; (3) account stated; (4) open book account; and (5) quantum meruit. On April 3, 2023, the Court dismissed the Complaint because Plaintiff did not file a declaration stat...

Excerpt: ... Fact for Elyse Ward (“Elyse”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over a trust established by Elyse's brother, Stephen J. Lengel (“Stephen” or “Decedent”). The currently operative first amended complaint (the “FAC”) alleges: (1) financial elder abuse; and (2) legal malpractice. In relevant part, the FAC alleges: Deced...

Excerpt: ...�Jona”) and Robert Rechnitz (“Robert”) (collectively, the “Rechnitz Defendants”); and (2) a motion to quash service of summons (the “MTQ”) filed by specially appearing Defendant Ayal Frist (“Frist”). [1] MOVING PARTIES: (1) the Rechnitz Defendants; and (2) Frist RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”)...

Excerpt: ...) (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 nine causes of action arising out of an employment rela...

Excerpt: ...sity (“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. On May 30, 2023, Plaintiff fil...

Excerpt: ...oving 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 an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) disability discrimination in violation of the Fair Employment and Housin...

Excerpt: ...DING PARTY: Plaintiffs The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the collection of legal fees and the enforceability of an arbitration clause in a retainer agreement. On November 16, 2021, Plaintiffs filed a complaint (the “Complaint”) alleging declaratory relief. On April 28, 2023, the Court granted Plaintiffs' motion for summary judgment (the “MSJ”). Judgment was ...

Excerpt: ...ing, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) failure to prevent discrimination and harassment; and (5) retaliatio...

Excerpt: ...and through her guardian ad litem, Carolina Quinteros (“Plaintiff”) and California Department of Health Care Services (“DHCS” or “the State”) BACKGROUND Plaintiff filed a complaint against Defendants Dignity Health, sued as California Hospital Medical Center (“Dignity”), and Mary Elizabeth Claasen, Ruth Miekle, Ian Tilley, M.D. and Pediatric & Family Medical Center dba USC Eisner Family Medical Center at California Hospital (colle...

Excerpt: ...endants”) RESPONDING PARTY: Plaintiff 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 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(4). BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alle...

Excerpt: ..., Form Interrogatories, and Special Interrogatories (the “MTC”) filed by Plaintiff; and (3) a motion to quash deposition subpoenas (the “MTQ”) filed by Defendants. MOVING PARTIES: (1)-(2): Plaintiff; (3) Defendants RESPONDING PARTIES: (1)-(2) Defendants; (3) Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) members right of inspection and accountin...

Excerpt: ...ean, LLC (“Aqua”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a commercial landlord/tenant relationship. The operative second amended complaint (the “SAC”) alleges: (1) breach of contract; (2) breach of the covenant of repair; and (3) contractual abatement of rent. In relevant part, the SAC alleges: On July 19, 2017, Kim and Moving Defendant entere...

Excerpt: ...oving 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 a commercial landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) conversion. In ...

Excerpt: ...nagement, Inc., Golden Management Services Inc., Swaranjit S. Nijjar, and Daljit K. Kler (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in the North Hollywood area of Los Angeles. Plaintiff's complaint (the “Complaint”) alleges: (1) ...

Excerpt: ...��) 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 a dispute concerning real property. Plaintiff's complaint (the “Complaint”) alleges: (1) fraud; (2) undue influence; (3) financia...

Excerpt: ...reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) fraud by false promise; and (3) fraud by misrepresentation. In relevant part, the Complaint alleges: After two of her pet dogs were stolen at gunpoint, Moving Defendant offered to pay a reward of $500,000 in exchange for the return of her dogs. (See Complaint ¶¶ 10-11.) On February 26, 2021, Plaintiff contacted Moving Defendant and delivere...