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 ...

Excerpt: ..."MSA") filed by Plaintiffs/Cross-Defendants Aidan Sciandra ("Sciandra") and Boualiene Syprasert ("Syprasert"); and (2) a motion to compel further responses to Special Interrogatories ("SPROGs") and Requests for Production of Documents ("RFPs") (the "MTCP') filed by Sciandra, Sypraseft, and Plaintiffs/Cross- Defendants Jack Edjounan and The Plug (collectively, "Plaintiffs"). MOVING PARTIES: Plaintiffs RESPONDING PARTY: Defendants/Cross-Complainant...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the "PAC") alleges: (1) age harassment in violation of the Fair Employment and Housing Act ("FEHA"); (2) age discrimination in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent harassment discrimination, or retaliation in violation of FEHA; and (5) inten...

Excerpt: ...mber 9, 2020, Plaintiffs filed a complaint (the "Complaint') alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debtors insolvency; (4) common law fraudulent transfer; (5) aiding and abetting fraudulent transfer; (6) declaratory relief; and (7) unjust enrichment. On November 21, 2022, Moving Defendant filed a motion to dismiss (the "Motion") requesting that the Court dismiss the Complaint as to all n...

Excerpt: ...nd reply papers. BACKGROUND This action arises out ofa construction project on real property (the "Property'). The currently operative first amended complaint (the "PAC") alleges: (1) breach of contract; (2) professional negligence; (3) breach of fiduciary duty; (4) breach of contract; and (5) breach of fiduciary duty. In relevant part the PAC alleges: Plaintiff owns the Property. (FAC 1.) On or about April 24, 2018, Plamtiff and Moving Defendant...

Excerpt: ...iled. 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. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of ...

Excerpt: ...Sanchez”) and Maria Genoveva Sanchez (“Ms. Sanchez”) (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) breach of implied warranty of habitability; (2) negligence; (3) breach of implied covenant of quiet use and enjoyment; (4) nuisance; (5) intentional infliction of emo...

Excerpt: ...BACKGROUND This action arises out of a landlord/tenant relationship. On February 14, 2023, Plaintiffs filed a motion to augment expert witness disclosure (the “Motion”). The Motion seeks to add Richard Devine, Ph.D. (“Devine”) as an expert economist in lieu of Plaintiffs' currently designated expert William Ingersoll, Ph.D. (“Ingersoll”). EVIDENTIARY OBJECTIONS Defendants' objections to the reply brief (the “Reply”) are SUSTAINED....

Excerpt: ...�Moving Defendants”) 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) breach of written agreement; (2) promissory fraud; (3) promissory estoppel; (4) violation of Labor Code section 2751; (5) violation of Labor Code section 1102.5; (6) wrongful termination; (7) interference with c...

Excerpt: ...es to Plaintiff's Requests for Production, Set Five (the “MTC”) (collectively, the “Motions to Compel”) filed by Plaintiff; and (3) a motion for protective order (the “MPO”) filed by Defendants Michael Theodore and Casa Theodore, Inc. (collectively, “Defendants”). MOVING PARTIES: (1)-(2) Plaintiff; (3) Defendants RESPONDING PARTIES: (1) Defendants; (3) Plaintiff The Court has considered the moving, opposition and reply papers. The...

Excerpt: ... considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges 14 causes of action arising out of an employment relationship. On December 12, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground that during his employment with Moving Defendant, Plaintiff signed an arbitration agreement (the “Arbitration Agreement”) that requires that the claims assert...

Excerpt: ...aintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) fraud; (3) violation of the covenant of good faith and fair dealing; and (4) promissory estoppel. On January 26, 2023, Plaintiff filed: (1) a motion for an order deeming its Requests for Admissions, Set One admitted against Defendant (the “RFA Motion”); (2) a motion to compel Defendant's responses to Plaintiff's Form Interrogatories, Set One (the “FROG Motion”)...

Excerpt: ... The Grain Collective, LLC (“TGC”) (collectively, the “LLC Defendants”) and Plaintiff Cross- Defendant Nicholas Behunin (“Behunin”) (collectively, “Moving Cross-Defendants”) RESPONDING PARTY: Cross-Complainants Michael 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 Moving Plaintiffs/Cross-De...

Excerpt: ...sition and reply papers. BACKGROUND This matter arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) alleges: retaliation in violation of Labor Code section 1102.5, subdivisions (b) and (c); (2) wrongful termination in violation of public policy; (3) violation of California Business and Professions Code section 17200; (4) failure to provide personnel records in violation of Labor Code section 1...

Excerpt: ...ntiff 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 January 30, 2023, Moving Defendant filed a m...

Excerpt: ...ollectively, Moving Defendants”) 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: sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) sexual assault, battery and ratification; (3) failure to investigate and prevent in violation ...

Excerpt: ...apers were required to have been filed and serve 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 December 22, 2022, Moving Defendant filed: Plaintiff's currently operative first amended complaint (the “FAC”) alleges 10 causes of action arising out of an employment relationship. On December 16, 202...

Excerpt: ...s”) 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 section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) retaliation in violation of La...

Excerpt: ...nc. (“KLM”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged damage to Plaintiff's residential property. On March 25, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence; (2) strict liability; and (3) lateral support. The Complaint alleges that construction at Melby's neighboring property caused Plaintiff's property to be damaged. On January 31, 2023, M...

Excerpt: ...NBA”) (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed: (1) a motion to compel Rayan's responses to its Form Interrogatories, Set One (the “Rayan FROG Motion”); (2) a motion to compel Rayan's responses to its Special Interrogatories, Set One (the “Rayan SPROG Motion”); (3) a motion deem the truth of its Requests for Admission, Set One as to Rayan (the “Ra...

Excerpt: ...tion and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) demand for excess rent in violation of Los Angeles Municipal Code (“LAMC”) section 151.04; (2) collection of rent in violation of LAMC section 151.05; (3) violation of LAMC section 151.09; (4) violation of the Tenant Habitability Program; (5) violation of LAMC section 45.33; (6) violation of Section 8 of Los Angeles County Eviction M...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of alleged misconduct that resulted in Plaintiff's death during his hospitalization at Moving Defendant's facility. Plaintiff's complaint (the “Complaint”) alleges violations of the Elder Abuse and Dependent Adult Civil Protection Act (the “Act”). In relevant part, the Complaint alleges: on February 1, 2021, Plainti...

Excerpt: ...ast 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 June 3, 2022, Plaintiff filed a 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 hi...

Excerpt: ...t/Cross Complainant Datametica Solutions, Inc. (“Datametica”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written contract; (2) breach of implied covenant of good faith and fair dealing; (3) common counts; (4) account stated; and (5) violation of Civil Code section 1738.10, et seq. Moving Defen...

Excerpt: ...o 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 section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On July 15, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) workplace disparate treatment under the Fair Employment and Housing Act (“FEHA”...

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

Excerpt: ...tiffs Diana Herrera (“Ms. Herrera”) and Felix Herrera (“Mr. Herrera”) (collectively, “Plaintiffs”) The Court has considered 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. On April 23, 2019, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) violation of Civil Code section 1793.2, subdivision...

Excerpt: ...i”) (collectively, Defendants”) The Court has considered the moving, opposition and 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. Plaintiff filed: (1) a motion for sanctions against Rusconi (the “Rusconi Motion”); and (2) a motion for sanctions against Adams (the “Adams Motion”) (collectively, the “Moti...

Excerpt: ...ed 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) 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 FEH...

Excerpt: ...idered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) fraud; (3) violation of the Uniform Fraudulent Conveyance Act; (4) open book account; (5) acco...

Excerpt: ...ely, “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 January 5, 2023, Plaintiff filed a motion for sanctions (the “Motion”). The Motion requests that the Court impose evidentiary and monetary sanctions against Theodore and CTI for their ongoing misu...

Excerpt: ...he moving, opposition and reply papers. BACKGROUND This action concerns a dispute involving the Biafora Family Limited Partnership (“BFLP”). Among the claims alleged in Plaintiffs' currently operative second amended complaint (the “SAC”) is a cause of action for dissolution of BFLP. In September 2019, during the pendency of this action, Defendants initiated buyout proceedings pursuant to a provision in the BFLP partnership agreement (the ...

Excerpt: ...y papers. BACKGROUND On May 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of the Song-Beverly Act; (2) violation of the Magnuson-Moss Act; and (3) violation of the Consumer Legal Remedies Act. On November 2, 2022, judgment was entered in Plaintiff's favor. On December 19, 2022, Plaintiff filed a motion for attorney's fees (the “Motion”) pursuant to Civil Code section 1794, subdivision (d). Plaintiff seeks...

Excerpt: ...Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 18, 2022, Plaintiff filed a complaint (the “Complaint”) asserting representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On December 12, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground t...

Excerpt: ...Bernaola (“Bernaola”), Matthew Blake (“Blake”), and OneCruit, LLC (“OneCruit”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the termination of several employment relationships. On November 3, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of duty of loyalty; (2) aiding and abetting...

Excerpt: ...Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' operative second amended complaint (the “SAC”) alleges three causes of action arising under the Song-Beverly Act. On November 28, 2022, Plaintiffs filed a motion for attorney's fees (the “Motion”) pursuant to Civil Code section 1794, subdivision (d). Plaintiffs seek: (1) attorney's fees in the amount of $150,524.25; and (2) costs in the...

Excerpt: ...”); (2) Defendant/Cross-Complainant Regency Outdoor Advertising, Inc. (“Regency”) RESPONDING PARTIES: (1) Regency; (2) the City 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. Plaintiffs' currently operative sixth amended complaint (the “6AC”) alleges: (1) declaratory relief, injunctive relief and...

Excerpt: ...cy”), and Skyline Outdoor Media, LLC (“Skyline”) (collectively, the “Regency Defendants”); (2) Defendant NTGS Acquisition, LLC (“NTGS”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. The currently operative fourth amended complaint (the “4AC”) alleges: (1) breach of contract; (2) breach of the implied covenant of good fai...

Excerpt: ...t” or the “City”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged automobile accident. The currently operative second amended complaint (the “SAC”) alleges: (1) negligence; (2) product liability; and (3) wrongful death and survival action. Moving Defendant's default was entered on October 17, 2022. On December 27, 2022, Moving filed a motion t...

Excerpt: ...ers 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. The currently operative first amended complaint (the “FAC”), filed on June 2, 2022, alleges: (1) violation of the Americans with Disabilities Act; (2) violation of Title VII of the Civil Rights Act; (3) in...

Excerpt: ...reply papers. BACKGROUND This action was initiated on February 4, 2022, and arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) violation of the California Unfair Competition Law (“UCL”); (2) violation of the California Consumer Legal Remedies Act (“CLRA”); and (3) conversion. In relevant part, the FAC alleges: Plaintiff entered into a lease agreement (the “Lease Agr...

Excerpt: ...haltiel”) (collectively, “Plaintiffs”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) defamation per se; and (2) defamation per se. In relevant part, the Complaint alleges: Ely is the sole trustee and chairman of Kehillat Teman Nadlan Corporation (“Teman”), a religious nonprofit that owns real property located in Los Angeles that is used as a synag...

Excerpt: ...n Sherazee (“Adnan”), Am'am Sherazee (“Am'an”), and Sabir Badami (“Badami”) (collectively, “Defendants”)[1] The Court has considered the moving, opposition, reply and sur-reply papers.[2] BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) conversion. In relevant part, the Complaint alleges: On around April...

Excerpt: ...ers were filed. Any reply papers were required to have been filed and serve at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).[1] BACKGROUND This action arises out of a former attorney-client relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of written contract; (2) common count – goods and services rendered; and (3) common count – account...

Excerpt: ...�Moving Defendant”) RESPONDING PARTY: Plaintiffs William Gonzalez (“William”) and Michael Gonzalez (“Michael”) (collectively, “Plaintiffs”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative third amended complaint (the “TAC”) alleges: violation of Civil Code section 52.1; (2) violations of 42 USC section 1983; (3) municipal liability – failure to train; (4) Fourth Amendmen...

Excerpt: ...iversity (“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 October 18, 2022, Defen...

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 On November 7, 2022, Plaintiff filed a complaint (the “Complaint”) to establish the Court's jurisdiction over an uninsured motorist arbitration for purposes of enforcing discovery pursuant to Insurance Code section 11580.2, subdivision (f). On November 9, 2022, Plaintiff file...

Excerpt: ...PONDING PARTY: Defendant/Cross-Complainant Samari Doby (“Doby”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 21, 2019, MCSG filed a complaint (the “Complaint”) alleging breach of contract. On September 3, 2019, Doby filed a cross-complaint (the “XC”) alleging professional negligence (medical malpractice). The XC alleges: Doby received medical care from MCSG beginning on November 2, 2016. (XC ¶�...

Excerpt: ... 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 On November 16, 2022, the Court granted Moving Defendant's motion to disqualify Twila S. White (“White”) as Plaintiff's counsel (the “DQ Motion”). On December 1, 202...

Excerpt: ...apers 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. The currently operative first amended complaint (the “FAC”) alleges: (1) civil penalties under the Private Attorneys General Act (“PAGA”). On August 12, 2022, Moving...

Excerpt: ... reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) medical malpractice; and (2) medical battery. In relevant part, the Complaint alleges: On September 9, 2021, Plaintiff visited Moving Defendant's office to receive a pap smear exam. (Complaint ¶ 9.) Before beginning the procedure, Moving Defendant asked Plaintiff questions about her religious beliefs and abruptly inserted multiple fingers inside Plaintiff's vagina...

Excerpt: ...ties”) RESPONDING PARTY: Defendants Brian Paya (“Mr. Paya”), Bita Paya (“Ms. Paya”), and The Paya Family 2013 Revocable Trust (collectively, the “Paya Defendants”) 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) violation of Civil Code section 1950.5; (2) statutory fraud or deceit and common...

Excerpt: ... 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 action for dec...

Excerpt: ...d Cucine Italia, Inc. (“Pedini”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff initiated this action on July 26, 2019. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; (2) fraud; (3) breach of fiduciary duty; (4) constructive fraud;...

Excerpt: ... Craig Calman (“Calman”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This consolidated action consists of five actions arising out of a landlord/tenant relationship at a residential property (the “Property”) owned and managed by Defendants. On March 8, 2021, Calman filed a complaint (the “Calman Complaint”) in the case styled as Craig Calman v. Keum Nam Chang, et al., L...

Excerpt: ...sition of Plaintiff A.C. (“A.C.”), who is the plaintiff in the related/consolidated action entitled A.C. v. Los Angeles Unified School District, et al., LASC Case No. 20STCV01832. Defendant Los Angeles Unified School District (“LAUSD”) filed a motion to compel A.C.'s deposition (the “MTC”) and A.C. filed a motion for protective order (the “MPO”) (collectively, the “Motions”). MOVING PARTIES: (1) LAUSD; (2) A.C. RESPONDING PART...

Excerpt: ...on Irons; Max Greenbriar Properties, LLC; Max Le Grande Properties, LLC, (MLGP”); Max Valley Properties LLC and SVN Vanguard (collectively, “Moving Defendants”) [2] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the estate and affairs of Mahomed Gaffoor (“Decedent”). The currently operative first amended complaint (the “FAC”) alleges: ...

Excerpt: ...as considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) intentional infliction of emotional distress; (2) negligence (negligent hiring and/or retention/failure to warn, train, or educate; (3) breach of fiduciary duty; (4) constructive fraud; and (5) sexual battery. [1] In relevant part, the Complaint alleges: While Plaintiff was a student at an elementary school within Moving Defe...

Excerpt: ...ROUND The currently operative first amended complaint (the “FAC”) alleges: (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to furnish accurate itemized wage statements; (6) failure to pay compensation due upon separation; and (7) violation of California Business and Professions Code section 17200. On December 25, 2022, Moving Defendants ...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises out of an automobile accident. The currently operative first amended complaint (the “FAC”) alleges: (1) motor vehicle; (2) general negligence. On December 14, Plaintiff filed a motion for trial preference (the “Motion”) pursuant to California Code of Civil Procedure (“CCP”) section 36, subdivision (a) on the grounds that: (1) Plaintiff is over 70 years o...

Excerpt: ...G 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 section 1942.4; and (6)...

Excerpt: ...red the moving, opposition and reply papers. The Court's records indicate that Plaintiff's opposition (the “Opposition”) was filed on December 23, 2022. The Proof of Service attached to the Opposition states that Moving Defendant's counsel was served with the Opposition by email on December 23, 2022. Moving Defendant's reply (the “Reply”) provides evidence that Moving Defendant's counsel did not receive a copy of the Opposition by email a...

Excerpt: ... RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the death of Vincent Paul Martin (“Mr. Martin”). Plaintiffs allege that Mr. Martin died from COVID-19 at the onset of the COVID-19 pandemic while admitted as a patient at a nursing facility. The currently operative fourth amended complaint (the “4AC”), filed on March 21, 2022, alleges: (1) violations of the ...

Excerpt: ...e moving, opposition and reply papers.[1] BACKGROUND This action arises out of the lease of an employment relationship. On December 13, 2022, Moving Defendant filed a motion to compel Plaintiff's deposition (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2025.450, where a deponent fails to attend a deposition and produce documents, an opposing party can ask the court to order the deponent's attendance a...

Excerpt: ...Serobyan (“Serobyan”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court 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) assault; (2) fraud; (3) breach of lease; and (4) negligence. Moving Defendants filed a demurrer to the SAC (the “Demurrer”) on the grounds...

Excerpt: ...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 On September 9, 2020, Plaintiffs filed a complaint (the “Complaint”) alleging: (1) intentional fraudulent transfer; (2) fraudulent transfer; (3) transfer resulting in debtor's insolvency; (4) common law fraudulent transfer; (5) a...

Excerpt: ...urt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 30, 2021, Plaintiff filed a complaint (the “Complaint”) asserting representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On December 7, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the ground that...

Excerpt: ...: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges violations of the Tom Bane Civil Rights Act. On August 19, 2022, the Court ruled on Moving Defendants' special motion to strike portions of the SAC (the “anti-SLAPP Motion”). The Court granted the anti-SLAPP Motion to seven out of the 18 claims being challenged by Moving Defendants. On October 3, 2022, M...

Excerpt: ... Defendant”) RESPONDING PARTIES: Plaintiff/Cross-Defendant Sea Level, LLC (“Sea Level”) and Cross-Defendants Peter Mertz and T.R. Youngblood (collectively, the “Sea Level Parties”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. On August 13, 2020, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of written contract; (2) breach of impli...

Excerpt: ...osition and reply papers. The Court exercises its discretion and has considered Defendants' opposition (the “Opposition”) notwithstanding that it was filed one day after the deadline set forth by California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of injuries Plaintiff sustained after being struck by a car while he was working. On August 3, 2022, the Court granted Defendants' motion ...

Excerpt: ...sition 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). On December 27, 2022, after the CCP section 1005 deadline expired, Defendant Mike H. Davidyan (“Defendant”) filed a declaration stating that he has been sick. This declaration does not otherwise address the merits of the moving papers. BACKGROUND This ac...

Excerpt: ...endant”) 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 sec...

Excerpt: ...: Defendant KLM, Inc. (“KLM”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged damage to Plaintiff's residential property. On March 21, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence; (2) strict liability; and (3) lateral support. The Complaint alleges that construction at Plaintiff's neighbor's property caused Plaintiff's property to be damaged. O...

Excerpt: ...efendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) financial elder abuse. In relevant part, the FAC alleges: Plaintiffs are the nieces and successors in interest of Elisa Carbajal (“Decedent”), who died on May 26, 2021. (FAC ¶¶ 1, 9.) Between 2000 through 2018, Decedent held an ownership interest ...

Excerpt: ...ARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective vehicle. The currently operative second amended complaint (the “SAC”) alleges various violations of the Song-Beverly Act, fraud by omission, and negligent repair. On November 7, 2022, Moving Defendants filed a motion to compel Plaintiff's deposition (the “Motion”) and for monetary sanct...

Excerpt: ...c., and PennyMac Mortgage Investment Trust (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On August 4, 2022, Plaintiff filed a complaint (the “Complaint”) alleging seven causes of action for violations of the Fair Employment and Housing Act (“FEHA”). The Complaint alleges that Plaintiff ex...

Excerpt: ...raemer Revocable Trust (the “Trust”) and Thomas Kraemer (“Kraemer”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a construction project on real property (the “Property”). The complaint (the “Complaint”) alleges: (1) breach of contract; (2) professional negligence; (3) breach of fiduciary duty; (4) breach of contract; and (5) breach of fiduci...

Excerpt: ... 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 On June 6. 2016, Plaintiff filed a complaint (the “Complaint”) alleging subrogation. On October 14, 2022, Plaintiff filed a motion to vacate dismissal and enter judgment against Defendant Ricardo Jose Cordon (“Defendant”) (the “Motion”). DISCUSSIO...

Excerpt: ... 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 allegedly unpaid loan obligation. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of guaranty; and (3) common count (money lent). In relevant part, the Complaint alleges: On or about February 26,...

Excerpt: ...m Rogers (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has reviewed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff initiated this action by filing a complaint (the “Complaint”) on November ...

Excerpt: ... required 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. The currently operative first amended complaint (the “FAC”) states 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 vio...

Excerpt: ...”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the death of Vincent Paul Martin (“Mr. Martin”). Plaintiffs allege that Mr. Martin died from COVID-19 at the onset of the COVID-19 pandemic while admitted as a patient at a nursing facility. The currently operative fourth amended complaint (the “4AC”), filed on March 21, 2022, alleges: (1) violations of ...

Excerpt: ... required 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. The currently operative first amended complaint (the “FAC”) states 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 vio...

Excerpt: ... Inc., (“Chronicpractor”), Eric Loyola (“Loyola”), and Daniela Alexander (“Alexander”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff/Cross-Defendant Aiden Sciandra (“Plaintiff”) The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship related to a marijuana dispensary. On November 10, 2022, Moving Defendants filed a motion to quash (the “Mo...

Excerpt: ...da M. Novelo (“Novelo”) (collectively, “Moving Plaintiffs”) RESPONDING PARTIES: Defendants Security National Commercial Capital, Inc. (“SNCC”) and Centaurus Financial Inc. (“Centaurus”) [1] The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 10...

Excerpt: ...ly papers. BACKGROUND This action arises out of an alleged breach of an agreement (the “Agreement”) to purchase real property (the “Property”) entered into by Moving Defendant as the seller of the Property and Plaintiff's predecessor in interest, HSK Properties, LLC (“HSK” or “Buyer”). On August 18, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) specific performance for breach of cont...

Excerpt: ...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 over distribution of real property (the “Property”) held at various times in a trust, the Revocable Trust of Dorothy M. Vaughn (the “Tr...

Excerpt: ...of a dispute over the abatement of a public nuisance on real property (the “Property”) owned by Plaintiff. The currently operative first amended complaint (the “FAC”) 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 ...

Excerpt: ...on (the “MTC”). MOVING PARTIES: (1) Nonparty Edmundo Rosenberg (“Edmundo”); and (2) Defendant Sheryl Rosenberg (“Defendant” or “Sheryl”)[1] RESPONDING PARTIES: (1) Defendant; and (2) Edmundo The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a family dispute over the management and control of SD Sheryl Brigette, LLC (the “LLC”). The currently operative third amended complaint...

Excerpt: ...d at least nine court 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 misre...

Excerpt: ... RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over insurance coverage. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of covenant of good faith and fair dealing; (2) bad faith breach of insurance contract; and (3) financial elder abuse. In relevant part, the FAC alleges: On or about March 23, 2020, Plaintiff's resid...

Excerpt: ...moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a landlord/tenant relationship. On June 6, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of contract; (2) breach of implied warra...

Excerpt: ...osition and reply papers. The Court exercises its discretion and has considered Plaintiff's opposition (the “Opposition”) despite its late filing. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) quiet title; and (2) action to cancel recorded lis pendens. In relevant part, the SAC alleges: On or about July 9, 2015, Timoth...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises from alleged defects in a vehicle (the “Vehicle”) manufactured by Moving Defendant. On December 21, 2022, Plaintiff filed a complaint (the “Complaint”) alleging violations of the Song-Beverly Act. On September 13, 2022, Moving Defendant filed a motion to compel arbitration and stay proceedings (the “Motion”) on the grounds that when Plaintiff purchased t...

Excerpt: ...t (“LASD”), and Los Angeles County Sheriff Alex Villanueva in his official capacity (“Sheriff Villanueva”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of a dispute over the payment of attorney's fees for services rendered during proceedings in the case styled as County of Los Angeles v. Villanueva et al., LASC Case No. 19STCP...

Excerpt: ..., London Subscribing to Policy Number B1333ECB190291 (“Moving Defendant”) RESPONDING PARTY: Plaintiff Frantic, Inc., “Professionally known as” the band Metallica (“Plaintiff”) (Complaint, ¶ 1.) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over insurance coverage. On June 6, 2021, Plaintiff filed the Complaint in this matter, alleging: (1) breach of contract; (2) tort...