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: ...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: ...��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: ...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: ...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: ...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: ...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: ...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: ...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: ...(“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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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; 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: ...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 1975 to 1977. (FAC ¶¶ 18-19.) The FAC alleges that Moving Defendant had reason to k...

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: ... 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: ...”) 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: ... 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...