Excerpt: ...he moving, opposition and reply papers. BACKGROUND On February 25, 2021, the Court granted Plaintiff's motion for terminating sanctions and accordingly struck Defendants' Answer and ordered that Defendants' defaults be taken. On November 3, 2021, the Court entered default judgment against Defendants. Before it issued terminating sanctions against Defendants, the Court issued monetary sanctions against Defendants and their counsel based on Defenda...

Excerpt: ...lectively, “Defendants”) 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 com...

Excerpt: ...ered 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 landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) nuisance; (2) negligence; (3) breach of the implied w...

Excerpt: ...ourt 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 case arises out of a commercial landlord/tenant relationship. Plaintiff's Complaint (the “Complaint”) alleges: (1) breach of commercial lease; and (2) breach of gua...

Excerpt: ...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 Plaintiff's complaint (the “Complaint”) alleges 10 causes of action that arise out of an employment relationship. After holding a final status conference on March 21, 2023, the Court issued a minute order acknowledging that Plaintiff and Defendants had agreed to ...

Excerpt: ... 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 the Fair Employment and Housing Act; (5) constructive discharge in violation of pub...

Excerpt: ...ave 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, Set Tw...

Excerpt: ...nc. (“PFI”) and Wander and Ponder, LLC (“WP”) (collectively, “Plaintiffs”) The Court has considered the moving and opposition papers. Reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). The Court exercises its discretion not to consider the reply papers and objections which were filed late the day ...

Excerpt: ...NDING PARTY: Plaintiff Lisa A. Vaughn (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on July 13, 2022, and arises out of a dispute over the distribution of trust assets. The currently operative third amended complaint (the “TAC”) alleges: (1) fraud; and (2) emotional distress. In relevant part, the TAC alleges: On or about October 10, 2000, Dorothy M. Vaughn (“Settlor...

Excerpt: ..., by and through her guardian ad litem, Carolina Quinteros (“Plaintiff”) and California Department of Health Care Services (“DHCS”) 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 (collectively, the �...

Excerpt: ...gment (the “Withdrawal Motion”) filed by Defendants Marco Naser Khorasani as Trustee of the Khorasani Family Trust (2011), Marco Khorasani (“Mr. Khorasani”), Nicole Khorasani, VIP Tours of California, Inc., and LAX Cafe & Convenience Store, Inc. (collectively, “Moving Defendants”); and (2) a motion for satisfaction of judgment liens (the “SOJ Motion”) filed by non-party Michael Luparello (“Luparello”). MOVING PARTIES: (1) Movi...

Excerpt: ... 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: (1) breach of contract; and (2) common count: goods and services rendered. On May 9, 2023, Plaintiff filed a motion for leave to file a first amended complaint (the “Motion”). The ...

Excerpt: ... 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 the Fair Employment and Housing Act; (5) constructive discharge in violation of public policy; and (6) intentional infliction of emotional distress. ...

Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) rescission; (2) breach of contract; (3) breach of implied warranty of habitability/tenantability; (4) breach of implied warranty of quiet enjoyment; (5) negligence; (6) fraud by concealment; (7) violation of Business and Professions Code section 17200; (8) violation of Penal ...

Excerpt: ...2) a motion to seal (the “MTS”) filed by Defendant. MOVING PARTY: (1) Plaintiff; (2) Defendant RESPONDING PARTY: (1) Defendant The Court has considered the moving, opposition and reply papers. No opposition papers were filed in connection with the MTS. 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)....

Excerpt: ...led by Defendants Michael Theodore and Casa Theodore, Inc. (collectively, “Defendants”); and (2) a motion to compel further responses (the “MTCF”) filed by Plaintiff. MOVING PARTY: (1) Defendants; (2) Plaintiff RESPONDING PARTY: (1) Plaintiff; (2) Defendants The Court has considered the moving, opposition and reply papers. No reply papers were filed in connection with the Motion for Waiver. Any reply papers were required to have been file...

Excerpt: ...red the moving, opposition and reply papers. BACKGROUND The currently operative second amended complaint (the “SAC”), which was filed on May 3, 2023, 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. In relevant part, the SAC alleges t...

Excerpt: ...s of the California State University (“Moving Defendant”) RESPONDING PARTY: Plaintiff 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 retali...

Excerpt: ...llectively, “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. [1] BACKGROUND This action arises out of a business relationship involving a marijuana dispensary. The currently operative third amended complaint (the “TAC”...

Excerpt: ...), Jessica Pineda (“Pineda”), and Diana Moreno (“Moreno”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of employment relationships. On November 3, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of duty of loyalty; (2) aiding and abetting breach of duty of loyalty; (3) breach of contract/c...

Excerpt: ...opposition and reply papers. BACKGROUND This action arises out of a dispute over the ownership of real property. Plaintiff's complaint (the “Complaint”) alleges: (1) fraud; (2) undue influence; (3) financial abuse; (4) quiet title; (5) cancellation of instruments; (6) return of real property to elder/dependent adult; and (7) intentional infliction of emotional distress. Defendant's currently operative second amended cross-complaint (the “SA...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Moving Defendant. Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of the Song-Beverly Act – breach of express warranty; (2) violation of the Song- Beverly Act – breach of implied warranty (3) violation of Civil Code section 1793.2, subdivision (b); and (4) neg...

Excerpt: ...OSS-ACTION This order concerns: (1) a motion to compel the deposition of Defendant's person most qualified (“PMQ”) (the “PMQ Motion”) filed by Plaintiffs; (2) a motion for leave to file a first amended complaint (the “FAC Motion”) filed by Plaintiffs; (3) a motion to compel further responses filed by Defendant (the “MTCF”); and (4) a motion for sanctions filed by Defendant (the “Sanctions Motion”). MOVING PARTIES: (1) Plaintif...

Excerpt: ...has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”), filed on November 22, 2021, alleges 10 causes of action arising out of an employment relationship. On December 28, 2022, the Court granted Defendants' motion for leave to file a cross-complaint and gave Defendant five days leave to file its proposed cross-complaint (the “XC”). Defendants filed the XC on April 12,...

Excerpt: ...has considered the moving, opposition and reply papers. 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 (“FEHA”); (4) violation of Civil Code section 789.3; (5) breach of quiet enjoyment; (6) intentional inflict...

Excerpt: ...apers. 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 March 28, 2023, Plaintiff filed a motion to compel Defendant's further responses to Plaintiff's Requests for Production (“RFPs”), Sets One and Two (the “Motion”). The RFPs at issue in the Motion concern Defendant's knowl...

Excerpt: ...sidered the moving, opposition and reply papers. BACKGROUND Plaintiff's currently operative first amended complaint (the “FAC”) alleges: (1) breach of promissory note; (2) breach of oral contract; and (3) conversion. On May 19, 2023, Moving Defendants filed a motion to continue the trial date (the “Motion”). The Motion requests that the Court continue the trial date to allow Moving Defendants to timely file a motion for summary judgment. ...

Excerpt: ...ctively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs Willow Creek Homes, LLC (“Willow Creek”) and Todd C. Nolette (“Nolette”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over a loan connected to real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) money had and receive...

Excerpt: ...n and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) disability 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) retaliation in violation of FEHA; (5) failure to prevent discrimination and retaliation in v...

Excerpt: ...ollectively, “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 This action arises out of a landlord/tenant relationship and alleges substandard conditions at the property (the “Property”) w...

Excerpt: ...ing Defendants”) 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 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 14 causes of action arising out of an employ...

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

Excerpt: ... papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) retaliation in violation of Labor Code section 6310; (2) retaliation in violation of Labor Code section 1102.5; (3) wrongful termination in violation of public policy; and (4) remedies under the Private Attorney General Act. On May 11, 2023, Plaintiff filed a motion to compel responses to the Requests for Production (...

Excerpt: ...dants”) 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”) allege...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND On February 21, 2023, Plaintiff filed a complaint (the “Complaint”) alleging reckless disregard of published procedures. In relevant part, the Complaint alleges: Plaintiff is the successor in interest to a California nonprofit called California Palm and Cyad Cooperative Inc. (“CPCCI”). (Complaint ¶ 1.) On various dates up to and including May 16, 2022, Juan M. Reyes (“Reyes”), an em...

Excerpt: ...tion Bar Group: LLC C'EBG') RESPONDING PARTY: Defendant in 20STCV33773 and Defendant in 20STCV35819 Daniel Salin ("Salin") The Coun has considered the moving, opposition and reply pape:rs_ BACKGROUND This action arises out of two consolidated cases regarding a dispute over the management and control ofa bar located in dountou.n Los Angeles. EBG's operative first amended complaint in 20STCV33773 (the 'TAC") alleges: (1) comersion; (2) breach of fi...

Excerpt: ...e"), and Drake Kennedy ("Drake") (collectively, "Moving Defendants") [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship involving the ownership and management of billboards. The currently operative fifth amended complaint (the "SAC") alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) brea...

Excerpt: ...tion and reply papers. BACKGROUND This action arises from alleged defects in a vehicle (the "Vehicle") manufactured by Moving Defendant. Plaintiffs complaint (the "Complaint") alleges: (1) violation of Civil Code section 1793.2, subdivision (d), (2) violation of Civil Code section 1793 2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent induc...

Excerpt: ...CKGROUND Plaintiffs complaint (the "Complaint") alleges causes of action that arise out of an employment relationship. This matter originally went to trial on October 24, 2022, but on Nowember 7 2022, the Court declared a mistrial after jurors were unable to continue participating in the proceedings. On March 9, 2023 Plaintiff filed a motion to disqualiö,• Defendant's counsel Ogletree, Deakins, Nash, Smoak & Stewart, PC ("0g1etree¯) as counse...

Excerpt: ...ers. BACKGROUND The currently operative first amended complaint (the "FACE) 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, (7) fraud and concealment; and (8) civil theft _ On April 14, 2023 Plaintiff filed a motion for sanctions (the "Motion") pursuant to Califomia Code of Civil Procedure ("CCP") sections 2023.1010,...

Excerpt: ...apers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure section 1005 subdivision (b) BACKGROUND On January 4, 2023 Plaintiff Brivers LAX Snak Trak Vending ("Brivers" or ' 'Plaintiff') filed a complaint (the "Complaint") alleging: (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) i...

Excerpt: ...rello ("Luparello") The Coun has considered the moving, opposition and reply papers. [1] BACKGROUND On April 12, 2018, Plaintiff filed a complaint in eminent domain (the ' 'Complaint"). On April 3: 2023: the Coun entered a Final Judgment in Condemnation (the "Judgment'). On April 18, 2023, Moving Defendant filed a motion for withdrawal following entry of judgment (the ' 'Motion). The Motion requests that the Coun permit Moving Defendant to withdr...

Excerpt: ... opposition papers were required to have been filed and served at least 14 days before the hearing under Califomia Code of Civil Procedure ("CCP") section 437c: subdivision (b)(2) BACKGROUND This action arises out of the alleged breach of a service contract. Plaintiff s complaint (the ' 'Complaint") alleges _ (1) breach of contract; and (2) common count: goods and services rendered _ Plaintiff filed a motion for summary judgment or adjudication (...

Excerpt: ...rs. BACKGROUND This action arises out ofan employment relationship. Plamtiffs complaint (the "Complaint') alleges: (1) common law and statutory fraud and deceit; (2) promissory estoppel; (3) negligent misrepresentation; and (4) wrongful termination in violation of public policy. In relevant part the Complaint alleges: Plaintiff worked for Moving Defendant as a project manager betw•een August 2, 2021 through February 23, 2022. (Complaint 6.) Mov...

Excerpt: ...ing papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out ofa property development project On May 3, 2023, Alter filed an application for detennination of good faith settlement (the ' 'Application") on the grounds that it has agreed to settle...

Excerpt: ...his action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in the North Hollywood area of Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint) alleges: (1) public nuisance; and (2) unfair competition. On April 17, 2023, Plaintiff filed a motion to compel åL1ther responses to Special Interrogatories, Set One ("SPROGs") that it propounded on Defendant Swaranjit S. Nijjar ('Nl...

Excerpt: ...rata, O.D.; Harold l. Katzman, M.D.; LA. Eye Realty Company, LLC (collectively, "Moving Defendants") RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. On May 3, 2023, Plaintniff filed a supplemental opposition declaration. The Court finds that this filing constitutes a surreply which is not expressly authorized under California Code of Civil Procedure ("CCP") or California Rules of Court ("CRC"). (See C...

Excerpt: ...apers. BACKGROUND This action arises out of the sale of atl allegedly defective vehicle (the "Vehicle") that was manufactured by Defendant. The currently operative first amended complaint (the "FACE) alleges: (1) violation of Civil Code section 1793 2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b), (3) violation of Civil Code section 1793 2, subdivision (a)(3); and (4) breach of the implied warranty of merchantabili...

Excerpt: ... days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On December 30, 2019, Plaintiff filed a complaint (the "Complaint') alleging: (1) breach of written promissory note; (2) common count-money lent; (3) common count- money paid, laid out and expended; (4) breach of personal guaranty; (5) false promise; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) aiding and ...

Excerpt: ...he "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 Ävo causes of action for declarator...

Excerpt: ...ed 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 Califomia Code of Civil Procedure ('CCCP) section 1005, subdivision BACKGROUND This action (the "Cindell Action") arose out of a dispute an encroachment onto real property located in Los Angeles County (the "Cindell Property"). Plaintiffs' complaint (the ' 'Complaint") alle...

Excerpt: ...ered 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 Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint"): filed on February 15: 2022: alleges: (1) public nuisance; and (2) unfair competition. Krekorian filed a motion to quash the deposition subpoena (the ' 'Subpoena") for persona...

Excerpt: ...Bank N.A. (collectively, "Wells Fargo") The Court has reviewed the movmg and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On May 13, 2022, Plaintiff filed a complaint (the "Complaint') allegmg: (1) accounting; and (2) general negligence. On September 28...

Excerpt: ...ered 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 Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint"): filed on February 15: 2022: alleges: (1) public nuisance; and (2) unfair competition. Krekorian filed a motion to quash the deposition subpoena (the ' 'Subpoena") for persona...

Excerpt: ... and reply pape:rs_ BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle"). Plaintiffs' complaint (the "Complaint') alleges: (1) violation of Song-Beverly Act (breach of express warranty); (2) violation of Song-Beverly Act (breach of implied warranty); and (3) negligent repair. On March 1 2023 Plaintiffs filed: (1) a motion to enforce settlement (the "Settlement Motion"); and (2) a motion for sanctions...

Excerpt: ...roup IX"), Group BP Properties, lnc„ Pama Management, Inc., Golden Management Services Inc„ Swaranjlt S. Ni]jar, and Daljit K. Kler (collectively, "Moving Defendants") RESPONDING PARTY: Plaintiff The Court has reviewed the movmg, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activi5r at an apartment complex located in the North Hol ywood area of Los Angeles (the "Property")...

Excerpt: ...ion papers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND The currently operative first amended complaint (the "FACE) 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 conce...

Excerpt: ...artment: and Los Angeles County Sheriff Alex Villanueva ("Villanueva" or the "Sheriff') (collectively, "Plaintiffs") RESPONDING PARTY: Defendant The Coun has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the "Complaint") alleges a cause of action for declaratory relief. In relevant part, the Complaint seeks a declaration that a retainer agreement (the "Agreement') between Villanueva and Defendant, for Defen...

Excerpt: ...rs. BACKGROUND On August 22: 2022: Plaintiff filed a complaint (the "Complaint") alleging: (1) violation of Civil Code sections 51 and 52; (2) violation of Civil Code section 46, (3) intentional infliction of emotional distress; (4) breach of contract; (5) breach of implied covenant of good faith and fair dealing; and (6) malicious prosecution. On September 28, 2022: Moving Defendant filed a special motion to strike the malicious prosecution caus...

Excerpt: ...intiffs Dr. Payam Vahedifar ("Mr. Vahedlfar%) and Shadi Vahedifar ('Ms. Vahedifar") (collectively, "Plaintiffs") The Coun has considered the moving, opposition and reply papers. BACKGROUND This action arises out ofa 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 misrepre...

Excerpt: ...least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. Plaintiff s complaint (the ' 'Complaint") alleging: (1) retaliation pursuant to Labor Code section 1102.5; (2) retaliation pursuant in violation of Labor Code section 6310; (3) common law assault; (4) common law battery; (5) negligent hiring, supervision, or retentio...

Excerpt: ...idered the moving, opposition and reply papers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Moving Defendant Plaintiffs' complaint (the "Complaint') alleges five causes of action for violations of the Song-Beverly Act and a sixth cause of action for fraud by omission. In relevant part, the Complaint alleges that Moving Defendant knew but failed to inform Plaintiffs that the V...

Excerpt: ... (collectively: "Defendants") The Coun has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs complaint (the "Complaint") alleges: (1) breach of duty of loyalty; (2) aiding and abetting breach of duty of loyalty, (3) breach of contract/covenant of good faith and fair dealing; (4) interference with prospective economic advantage; (5) misappropriation of trade secrets; and (6) unfair competition. Plaintiff filed four motions ...

Excerpt: ...e filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND Plamtiffs complaint (the "Complaint') alleges: (1) violations of the Unruh Civil Rights Act (the "Unruh Act"); and (2) violations of the California Disabled Persons Act (the "CDPA"). In relevant part the Complaint alleges: On August 4, 2022, Plai...

Excerpt: ...sition and reply papers. BACKGROUND On January 5 2023 the Court partially granted Defendant' s motion to compel arbitration (the "Arbitration Motion") and ordered Plaintiff s individual PAGA claims be sent to arbitration pursuant to a binding arbitration agreement (the "Agreement"). The Court stayed the representative PAGA claims pending the Califomia Supreme Court's decision in Adolph v. Uber Technologies, Case No. S27467 On April 3 2023 Plainti...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND On November 20, 2020, Plaintiff filed a complaint (the "Complaint") alleging nine causes of action that arise out of an employment relationship. On March 28, 2023, Plaintiff filed a motion for leave to file an amended complaint (the "Motion"). The Motion requests leave to file a first amended complaint (the "FACO that includes a tenth cause of action for violations of the Califomia Family Rights...

Excerpt: ...iffs BACKGROUND This action arises out ofa landlord/tenant relationship. On November 17, 2020, the Court sustained Movmg Defendants' demurrer (the "Demurrer") to Plaintiffs' second amended complaint (the "SAC") without leave to amend and dismissing Moving Defendants from the action.[l] On March 13, 2023, Moving Defendants filed a motion for attornevs fees (the "Motion") on the grounds that they are entitled to recover reasonable attorneys fees as...

Excerpt: ...ed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed unthin five court days of the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b) .[1] 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 compensa...

Excerpt: ...atement of a public nuisance on real property (the ' '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 fair dealing- Settlement Agreement...

Excerpt: ...tiffs The Court has reviewed the movmg, opposition and reply papers. BACKGROUND This action arises out of the alleged breach ofa contractual relationship. On April 2, 2021, Plamtiffs filed a complaint (the "Complaint") alleging: (1) breach of contract; and (2) unfair competition. On February 17, 2023, Moving Defendant filed a motion for leave to file a cross-complaint (the "Motion"). Moving Defendant seeks to file a cross-complaint (the proposed ...

Excerpt: ... reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of promissory note; (2) breach of oral contract; and (3) conversion. On February 17, 2023, Moving Defendants filed a motion for judgment on the pleadings (the “Motion”) on the grounds that Plaintiff is not the real party in interest and therefore lacks standing to prosecute this action. REQUEST FOR JUDICIAL NOTICE The Requests for Jud...

Excerpt: ...Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over real property (the "Property"). Plamtiffs complaint (the "Complaint") 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) decl...

Excerpt: ...e, Inc. (“CTI”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On March 14, 2023, Plaintiff filed: (1) a motion for sanctions (the “Sanctions Motion”); and (2) a motion to continue the trial date (the “Trial Motion”).[1] MOTION ...

Excerpt: ...GROUND Plaintiffs' complaint (the “Complaint”) alleges violations of the Song-Beverly Act that arise out of the purchase of an allegedly defective vehicle manufactured by Defendant. On February 23, 2023, Plaintiffs filed a motion for relief from waiver of objections (the “Motion”) on the grounds that their failure to submit timely responses to Defendant's discovery requests was due to mistake, inadvertence, or excusable neglect. DISCUSSIO...

Excerpt: ...��) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) jury service retaliation; (2) disability harassment; (3) disability discrimination; (4) disability retaliation; (5) failure to engage in the interactive process; (6) failure to accommodate; (7) failure to timely pay wages; (8) fai...

Excerpt: ...) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) jury service retaliation; (2) disability harassment; (3) disability discrimination; (4) disability retaliation; (5) failure to engage in the interactive process; (6) failure to accommodate; (7) failure to timely pay wages; (8) failu...

Excerpt: ...apers 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 On July 20, 2022, the Court dismissed Plaintiffs' first amended complaint (the “FAC”) against Defendant ZBS Law, LLP (“ZBS”) due to Plaintiffs' failure to file a declaration as to why ZBS should not be dismissed. On January 19, 2023, Plaintiffs filed a ...

Excerpt: ...) (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed: a motion to compel Defendants' depositions (the “Deposition Motion”) a motion to compel Rayan's further responses to Requests for Production (“RFP”), Set 2 (the “RFP Motion”); and three motions to compel Defendants' further responses to Form Interrogatories, Set 2 (collectively, the “FROG Motions”) (...

Excerpt: ... LLC (“HA” or “Plaintiff”) and Cross-Defendant Denley Investment & Management Company, Inc. (“Denley”) RESPONDING PARTY: Defendants/Cross-Complainants Museum of Selfies, Inc. (“MOS”) and Azariy Lapidus (“Lapidus”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of a commercial landlord/tenant relationship. Plaintiff's Complaint (the “Complaint...

Excerpt: ...ers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges causes of action that arise out of an employment relationship. Although this matter originally went to trial on October 24, 2022, the Court declared a mistrial on November 7, 2022, after several jurors were unable to continue serving as jurors. On March 9, 2023, Plaintiff filed a motion to disqualify Defendant's counsel Ogletree, Deakins, Nash, Smoak & Stewart, PC (“Ogletree”...

Excerpt: ...go Bank N.A. (collectively, "Wells Fargo") The Court has reviewed the movmg and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On May 13, 2022, Plaintiff filed a complaint (the "Complaint') allegmg: (1) accounting; and (2) general negligence. On September...

Excerpt: ...arises out of an attorney-client relationship. On August 30: 2022: Plaintiff filed a complaint (the "Complaint") alleging: (1) legal malpractice, (2) breach of contract; and (3) breach of fiduciary duty In relevant part: the Complaint alleges: On August 24, 2018, Plaintiff entered into a written retainer agreement (the "First Retainer") for the purpose of having Moving Defendant and his law firm represent Plaintiff during the preparation of a pre...

Excerpt: ...A. Vaughn ("Plaintiff' or 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 Califomia Code of Civil Procedure ('CCCP) section 1005, subdivision BACKGROUND This action arises out of a dispute over the sale of real property (the "Property") that was held in a trust. The currently operative second amende...

Excerpt: ... BACKGROUND Plaintiffs' complaint (the ' 'Complaint") alleges causes of action arising from the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant On February 10, 2023, Plaintiffs filed a motion to compel further responses to the Requests for Production ("RFPs"), Set One that were seroed on Defendant (the ' 'Motion). DISCUSSION Meet and Confer As an initial matter, the Coun finds that the meet and confer requirem...

Excerpt: ...d reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the "PAC") alleges: (1) discrimmation, harassment, and retaliation 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: ...n to compel the deposition of Beth Gunn ("Gunn") filed by Defendant ("the MTC") (collectively, the "Motions"). MOVING PARTIES: (1) Plaintiff; (2) Defendant RESPONDING PARTIES: (1) Defendant; (2) Plaintiff 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) reta...

Excerpt: .... BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant. Plaintiffs complaint (the "Complaint) alleges: (1) violation of Civil Code section 1793 2, subdivision (d); (2) violation of Civil Code section 1793 2, subdivision (b); (3) violation of Civil Code section 1793 2: subdivision (a)(3); and (4) breach of the implied warranty of merchantability On March 1, 2023, Plaintiff fi...

Excerpt: ...opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed 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 "PAC") alleges: (1) intentional infliction of emotional distress; (2) negligence (negligent hiring and/or retention/failure to warn, train, or educate); (3...

Excerpt: ...llectively, the "BCLGI Defendants") The Court has considered the moving, opposition and reply papers. BACKGROUND This matter arises out of an ongoing probate dispute On March 22, 2022, Plaintiff filed a complaint (the "Complaint") alleging legal malpractice The currently operative first amended complaint (the "FACE), filed on Ncnember 23, 2022, alleges: (1) legal malpractice; and (2) malicious prosecution. The FAC identifies Lowe and the BCLGI De...

Excerpt: ...ourt has considered the moving, opposition and reply papers. BACKGROUND Plamtiff filed motions to compel Defendants' further responses to its Requests for Production ("RFPs"), Set 2 (respectively, the "Hooman Motion" and the "NBA Motion," and collectively, the "Motions"). DISCUSSION Under California Code ofCivil Procedure ("CCP") section 2017.010, unless otherwise limited by order of the court in accordance with this title, any party may obtain d...

Excerpt: ...Giugni") (collectively, "Moving Defendants') RESPONDING PARTY: Plaintiff The Coun has considered the moving, opposition and reply pape:rs_ BACKGROUND This action arises out of an employment relationship. Plaintiff s complaint (the ' 'Complaint") alleges _ (1) disability 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 interactme process; (4) ...

Excerpt: ...") filed by Petitioner County of Los Angeles ("Petitioner" or the "County'); and (2) a petition to confirm arbitration award (the "CPD filed by Respondent Service Employees Intemational Union ('Respondent," ' 'SEIU:" or the "Union"). MOVING PARTIES: (1) The County, (2) SEIU RESPONDING PARTIES: (1) SEIU; (2) The County The Court has considered the moving and opposition papers. No reply papers were filed.[l] BACKGROUND Petitioner filed the to vacat...

Excerpt: ...oun has considered the moving, opposition and reply papers. BACKGROUND This action arises out ofa dispute concerning real property (the "Property") Plaintiffs complaint (the "Complaint") alleges: (1) fraud; (2) undue influence, (3) financial abuse; (4) quiet title; (5) cancellation of instruments; (6) return of real property to elder dependent adult; and (7) intentional infliction of emotional distress. Defendant' s currently operative second ame...

Excerpt: ...d at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. The currently operative third amended complaint (the "TAC") alleges _ (1) breach of undivided loyalty; (2) intentional interference with contractual relations; (3) intentional interference uith prospective economic relations; (4) negligent interference with pros...

Excerpt: ...red to have been filed and served at least 14 days before the hearing under Califomia Code of Civil Procedure ("CCP") section 437c: subdivision (b)(2) BACKGROUND This action arises out of the misappropriation of Plaintiffs money. The complaint (the ' 'Complaint") alleges: (1) conversion; (2) fraudulent deceit; (3) promissory estoppel; (4) breach of contract, and (5) civil conspiracy _ On November 28, 2022, Plaintiff filed a motion for summary jud...

Excerpt: ... The currently orrratlve first amended complaint (the "FAC) alleges: (1) retaliation in violation ofLabor Code section 1102 subdivisions (b) and (c); (2) wrongåul termination in violation of public policy, (3) violation of California Business and Professions Code section 172CH3; (4) failure to provide personnel records in violation of Labor section 1198.5; (5) failure to provide wage statements in violation of Labor Code section 226, subdivision...

Excerpt: ...UND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant. Plaintiffs complaint (the "Complaint) alleges: (1) violation of Civil Code section 1793 2, subd_ (d); (2) violation of Civil &xle section 1793.2, subd_ (b); (3) violation of Civil &xle section 1793.2, subd_ (a)(3); and (4) breach of the implied warranty of merchantability. On February 7 2023 Plaintiff filed a motion to compel ft...

Excerpt: ...papers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative first amended complaint (the "PAC") alleges: (1) violation of Civil Code sections 51 and 52; (2) violation of Civil Code section 789.3; (3) negligence; (4) violation of Fair Employment and Housing Act ("FEHA"); (5) breach of quiet enjoyment; (6) breach of implied warranty of habitability; (7) intentional infliction of emotional distress; (8) breac...

Excerpt: ... opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On January 24, 2022, Plaintiff filed a complaint (the "Complaint') alleging: (1) age discrimmation in violation of the Fair Employment and Housing Act ("FEHA"); (2) gender discrimination in violation of FEHA (3) disability or perceived disability discrimination in violation of FEHA; (4) failure to prevent harassment and discrimination; (5) wrongful term...

Excerpt: ...nd served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. On September 2, 2022, Plaintiff filed a Notice of Settlement. The Notice of Settlement indicated that the settlement Ivas conditional and that a request for dismissal uould be filed by November 15, 2022. On December 13, 2022, after a non-appearance case ...