Excerpt: ..., “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND On October 1, 2020, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of express warranty obligations under the Song-Beverly Act; (2) breach of implied warranty obligations under the Song-Beverly Act; and (3) negligent repair. On May 4, 2022, Plaintiff filed a notice of settlement. On October 28, 2022, Plaintiff filed a motion for...

Excerpt: ...urt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged defects in a vehicle (the “Vehicle”) manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of the implied warrant...

Excerpt: ...NG PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship and a previously litigated unlawful detainer lawsuit. Plaintiff's complaint (the “Complaint”) alleges: (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 coven...

Excerpt: ...d reply papers. BACKGROUND This action arises out of an investment in tickets to a boxing match. The currently operative first amended complaint (the “FAC”) 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. On July 15, 2022, following an Informal Discovery Conference (“IDC”), the ...

Excerpt: ...SD (20STCV12415), against LAUSD and others. On 1/13/21, this lead case was ordered consolidated for all purposes with 20STCV23961 and 20STCV12415. On 2/3/21, plaintiffs filed the Second Amended Complaint, regarding separately filed wrongful death lawsuits that arise out of the same double fatal pedestrian accident. Allegedly, plaintiffs are the parents of two sisters who died in April 2019, after being run over by a dump truck, while they were pe...

Excerpt: ...Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of foreclosure proceedings taken against real property (the “Property”). Plaintiff initiated this action by filing a complaint (the “Complaint”) on March 30, 2022. The currently operative first amended complaint (the “FAC”) alleges: (1) violations of the Homeowners Bill of Rights (“HOBR”); (2) violation of Civil Code secti...

Excerpt: ...ers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) FEHA violations; (2) Unruh Civil Rights Act violations; (3) California Disabled Persons Act violations; and (4) negligence. On September 12, 2022, Moving Defendant filed: (1) a motion to deem the Requests for Admission (“RFA”) served by Defendant admitted (the “RFA Motion”); and (2) a motio...

Excerpt: ...n Hospitals (“KFH”), and Southern California Permanente Medical Group (“SCPMG”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action rises out of an employment relationship. On March 16, 2020, Plaintiff filed a complaint (the “Complaint”) alleging: (1) quid pro quo sexual harassment; (2) hostile work harassment; (3) discrimination; ...

Excerpt: ... Plaintiff 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) violations of the Unfair Competition Law (“UCL”).[1] On October 20, 2022, Moving Defendant filed: (1) a motion to compel arbitration (the “Arbitration Motion”); and (2) a motion for judgment on the pleadings (the “MJOP”...

Excerpt: ...on 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 family dispute over the management and control of SD Sheryl Brigette, LLC (the “LLC”). The currently operative third amended complaint (the “TAC”) alleges: (1) declaratory relief; (2) breach of fiduciary duty (individual)...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the performance of a commercial shipping contract. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) reformation of contract based upon illegality; (3) conversion; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic relations; (6) money had and rece...

Excerpt: ...ed 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) 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...

Excerpt: ...G PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. 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 warranty of habitability; (4) violations of the Mobilehome Residency Law; (5) violations of Lancaster Municipal Code section 11.08.010, et seq.; and (6) declaratory r...

Excerpt: ...n 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) civil penalties under the Private Attorneys General Act (“PAGA”). On August 1...

Excerpt: ... Inc. (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. Plaintiff's complaint (the “Complaint”) alleges: (1) employment discrimination; (2) failure to engage in a timely, good faith interactive process; (3) failure to provide reasonable accommodation; (4) retaliation; (5) failure to take all reas...

Excerpt: ...ts Trinity Risk Management, LLC (“Trinity Risk”); Knight Management Group, Inc. (“KMG”); and Labornow, Inc. (“Labornow”) (collectively, the “Trinity Parties”) RESPONDING PARTIES: Cross-Defendants/Cross-Plaintiffs Simplified Labor Staffing Solutions, Inc.; Simplified Staffing Labor Solutions, LLC (collectively, “Simplified”); and Ashish Wahi (“Wahi”) The Court has considered the moving, opposition and reply papers. BACKGROU...

Excerpt: ...PARTY: Plaintiff The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On July 12, 2022, Plaintiff filed a complaint (the “Complaint”) alleging 16 causes of action arising out of an employment relationship. On August 29...

Excerpt: ...) a motion to strike (the “Motion”), both filed by filed by Plaintiff/Cross-Defendant Ficto Holdings LLC (“Ficto”). MOVING PARTY: Plaintiff/Cross-Defendant Ficto RESPONDING PARTY: Defendant/Cross-Complainant Zash Global Media and Entertainment Corporation (“Zash”) The Court has considered the moving, opposition and reply papers. No reply papers were filed with respect to the Demurrer. Any reply papers were required to have been filed ...

Excerpt: ...ck (“Beck”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an attorney/client relationship. On June 8, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) negligence (legal malpractice); (2) breach of fiduciary duty; and (3) breach of contract. In relevant part, the Complaint alleges that Plaintiff reta...

Excerpt: ... Sessinghaus (collectively, the “Martin Plaintiffs”); and (2) Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr. (collectively, the “Ivey Plaintiffs”) RESPONDING PARTIES: (1) Defendants Benjamin Landa (“Landa”) (“Landa”); and (2) Marcel Adrian Solero Filart, M.D. (“Filart”) [1] The Court has considered the moving, opposition and reply papers. [2] BACKGROUND On May 21, 2020, the Martin Plaintiffs initiated a survivor a...

Excerpt: ...UND This action arises out of an employment relationship. On April 12, 2021, Plaintiff filed a complaint (the “Complaint”) alleging seven causes of action for violations of the Fair Employment and Housing Act (“FEHA”). The third through seventh causes of action were alleged against Huhtamaki, Plaintiff's employer. On April 13, 2022, the Defendants in this action jointly filed a motion for summary judgment (the “MSJ”). In its ruling on...

Excerpt: ...tiff; and (2) a motion to quash deposition subpoena and motion for protective order (the “MTQ”) filed by Plaintiff. MOVING PARTY: Plaintiff RESPONDING PARTY: Fahiem Gaffoor (“Fahiem”) [1] in his personal capacity and as Successor Trustee of the Gaffoor Family Trust (the “Trust”); Cameron Irons; Max Greenbriar Properties, LLC; Max Le Grande Properties, LLC, (MLGP”); Max; Valley Properties LLC and SVN Vanguard (collectively, “Defend...

Excerpt: ...e 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) failure to pay minimum wage; (2) failure to pay overtime compensation; (3) failure to pay wages for missed rest periods; (4) failure to pay wages when due; (5) failure to provide accurate and itemized wage statements; and (6) violation of the U...

Excerpt: ...SPONDING PARTIES: (1) Defendant/Cross-Complainant City of Pomona (the “City”); and (2) Plaintiffs The Court has considered the moving, opposition and reply papers. [1] BACKGROUND This action concerns billboard structures (the “Billboards”) that are operated by Regency. Plaintiffs initiated this action on February 14, 2019 by filing a complaint and petition for writ of mandate. After several rounds of demurrers, Plaintiffs' currently opera...

Excerpt: ... LLC; Autumn Hills Operating Company LLC; Autumn Hills Operating Company, LP (“AHOC”); Mariner Health Care Management Company; and Grancare Autumn Hills LP (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. Plaintiff's complaint (the “Complaint”) alleges: (1) employment discrimination; (2) fai...

Excerpt: ...ies Julie S. Wood (“Wood”) and Entertainment Insurance Services, Inc. (“EIS”) 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 Plaintiff's complaint (the “Complaint”) alleges: (1) equitable subrogatio...

Excerpt: ...tion and reply papers. BACKGROUND On July 12, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) foreclosure of mechanic's lien. The Complaint named Ramon Espinoza (“Ramon”) as the Defendant. In relevant part, the Complaint alleges: on or about December 27, 2018, Plaintiff and Ramon entered into entered into a home improvement contract (the “Contract”) for Plaintiff to perform a construction project to real property (th...

Excerpt: ... (“Verdugo Hills”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor action arises out of alleged misconduct that occurred while Edgar Dionicio Calderon (“Decedent”) was a patient at Defendants' hospital. The complaint (the “Complaint”) alleges violations of the Elder Abuse and Dependent Adult Civil Protection Act (the “Elder Abuse Act”). On August 2, 2022, ...

Excerpt: ...tiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of various alleged fraudulent transfers. The currently operative first amended complaint (the “FAC”) alleges: (1) intentional misrepresentation; (2) intentional fraudulent concealment; (3) negligent misrepresentation; (4) breach of fiduciary duty (5) breach of written contract; (6) avoidance of constructive fraudulent transfers; (7) avoid...

Excerpt: .... Davidyan (“Davidyan”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of real property (the “Property”). On April 16, 2021, Atlas filed a complaint (the “Complaint”) alleging: (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) inten...

Excerpt: ...ion to strike/tax costs filed by Defendants Christian Rodgers (“Mr. Rodgers”) and Lyndsy Rodgers (“Ms. Rodgers”) (collectively, “Defendants”) (the “Rodgers Costs Motion”); and (3) a motion for attorney's fees filed by Plaintiff (the “Fees Motion”). MOVING PARTIES: (1, 3) Plaintiff; (2) Defendants RESPONDING PARTIES: (1) Defendants; (2) Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On Ap...

Excerpt: ...Y: 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 retaliation; and (6) reprisal/retaliation. On October 4, 2022, Moving Defendant fil...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning Miracle Estate, LLC (the “LLC”), a limited liability company co-owned by Plaintiff and Defendant.[1] On March 7, 2022, Plaintiff filed a complaint (the “Complaint”) to involuntarily dissolve the LLC pursuant to Corporations Code section 17707.03, subdivision (a). On April 4, 2022, Defendant filed an answer (the “Answer”)...

Excerpt: ...g, opposition and reply papers. BACKGROUND This action arises out of the purchase of a vehicle (the “Vehicle”) manufactured and distributed by Moving Defendant. Plaintiff initiated this action by filing a complaint (the “Complaint”) on March 1, 2022. The currently operative first amended complaint (the “FAC”) alleges four causes of action for warranty breaches under the Song-Beverly Act and a fifth cause of action for fraudulent induc...

Excerpt: ...eka Wilson (“Wilson”); Delvorine Gabourel (“Gabourel”); and Erendira Ramirez (“Ramirez”) (collectively, “Petitioners”) 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 Plaintiffs, individually and as g...

Excerpt: ... 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 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 at HPHC, a nursing facility. The currently operative fourth...

Excerpt: ...s”). Defendant Cloudbreak Inglewood, LLC (“Cloudbreak”) filed four motions to compel further (collectively, the “MTCFs”): (1) a motion to compel further responses to its Requests for Production, set one (the “RFP MTCF”); (2) a motion to compel further responses to its Form Interrogatories, set one (the “FROG MTCF”); (3) a motion to compel further responses to its Special Interrogatories, set one (the “SPROG MTCF”) [1]; and (...

Excerpt: ... judgment/adjudication (collectively, the “Motions”): (1) filed by Defendant Angelica Chavez (“Chavez”) (the “Chavez MSJ”); and (2) filed by Defendant Labornow, Inc. (“Labornow”) (the “Labornow MSJ”). MOVING PARTIES: (1) Chavez; (2) Labornow RESPONDING PARTY: Plaintiff Simplified Labor Staffing Solutions, Inc. (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out ...

Excerpt: ...e moving, opposition and reply papers. The Court exercises its discretion and has considered the opposition papers despite their late filing. (See California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).) BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The currently operative first amended complaint (the “FAC”) alleges violations of the Mag...

Excerpt: ...ont Television USA, LLC (“Gaumont”) and Gaumont SA (“Gaumont SA”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the termination of an employment relationship. Plaintiff's currently operative second amended complaint (the “SAC”) alleges: (1) declaratory relief; (2) breach of contract; (3) breach of the implied covenant of good faith and fair deali...

Excerpt: ...s. BACKGROUND This action arises out of an employment relationship. On August 15, 2022, Plaintiff filed a motion to compel Habib's deposition (the “Motion”). DISCUSSION Under 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 and testimony at a deposition, as well the production of the documents specified in the deposition notice. Th...

Excerpt: ...LLC (“Concord”); My Management Co., Inc. (“MMC”); MZL Properties, Inc. (“MZL”); and Afton Properties, Inc. (“Afton”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing pursuant to California Code of Civil Procedure (“CCP�...

Excerpt: ...arises out of injuries sustained in an alleged automobile accident that occurred while Petitioner was operating her personal vehicle as a driver for the Uber rideshare app. Petitioner filed a petition (the “Petition”) to establish the Court's jurisdiction over this matter which the parties intend to adjudicate in underinsured motorist arbitration. Respondent filed a motion for protective order (the “Motion”) seeking to preclude Petitioner...

Excerpt: ...iffs”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On January 21, 2021, Ferrer filed a complaint (the “Complaint”) on behalf of himself and all ot...

Excerpt: ...on the issues submitted for the Court's determination in the stipulation filed on July 1, 2022 (the “Stipulation”). DISCUSSION This action concerns a dispute concerning the Biafora Family Limited Partnership (“BFLP”). Among the causes of action alleged in Plaintiffs' currently operative second amended complaint (the “SAC”) is a cause of action for dissolution of BFLP. During the pendency of this action, Defendants initiated buyout pro...

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

Excerpt: ...ng 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 landlord/tenant relationship and a previously litigated unlawful detainer lawsuit. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Civil Code sect...

Excerpt: ...pers 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 real property. Plaintiff filed five discovery motions: (1) a motion to compel further responses to special interrogatories, set 2 (the “SPROG 2 Motion”); (2) a motion to compel further responses to special...

Excerpt: ...dants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges financial elder abuse. In relevant part, the Complaint alleges: Plaintiffs are successors in interest of Elisa Carbajal (“Decedent”), who died on May 26, 2021. (Complaint ¶¶ 7, 9.) Between 2000 through 2018, Decedent held an ownership interest in real property (the “Propert...

Excerpt: ...oving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges violations of Business and Professions Code section 17200. In relevant part, the Complaint alleges: Plaintiff entered into a lease agreement (the “Lease Agreement”) with Moving Defendant to rent property (the “Property”) in around 2015. (Complaint ¶ 5.) Pursuant to the Lease Agreemen...

Excerpt: ...) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs Emma Martin, Elizabeth Gagliano AND Kathryn Sessinghaus (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND On May 21, 2020, Plaintiffs initiated this action, which arises out of the death of Vincent Paul Martin at the onset of the COVID-19 pandemic while admitted at HPHC, a nursing facility. The currently operative fou...

Excerpt: ...ve 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 March 3, 3017, the Court entered judgment in favor of Plaintiff and against Defendant Donte Antuan Jackson (“Jackson”) in the amount of $30,643.11. On July 12, 2022, Defendant and Judgment Debtor Donte Antuan Jackson (“Defendant”) served a claim of exemption (the “Claim”...

Excerpt: ...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 pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute concerning real property (the “Property”). Plaintiff initiated this action on October 21, 2021, by filing a...

Excerpt: ...position and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts a representative claim for Labor Code Violations pursuant to the Private Attorneys General Act (“PAGA”). On July 29, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that during his employment, Plaintiff signed a binding arbitration agreement (the “Arbitr...

Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On April 28, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) a representative action for civil penalties for various Labor Code violations pu...

Excerpt: ...iff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive eviction; (7) violation of Civil Code section 1942.3; and (8) breach of statutory duty under Civil Code section 1950.5. The relevant allegations ar...

Excerpt: ...pposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination on the basis of disability; (2) discrimination on the basis of race; (3) work environment harassment; (4) retaliation under Government Code section 12940; (5) failure to prevent discrimination, harassment and retaliation; (6) retaliation under Labor Code section 1...

Excerpt: ...tion and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts representative claims on behalf of herself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). On August 16, 2022, Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that during her employment, Plaintiff signed a binding arbitration ag...

Excerpt: ...edifar”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendants/Cross-Complainants Nina Hunt and S&A Realty Corp. (collectively, “Broker 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 law fraud; (3)...

Excerpt: ...odgers Motion”) MOVING PARTIES: (1) Plaintiff; (2) Defendants RESPONDING PARTIES: (1) Defendants; (2) Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND On April 18, 2018, Plaintiff filed a complaint (the “Complaint”) alleging 13 causes of action arising out of misconduct that occurred while Plaintiff lived with Defendants and workedA jury trial was held on April 11, 2022. Before the jury deliberated, Pla...

Excerpt: ...: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship and alleged wrongdoing related to the termination of the business relationship. Plaintiff initiated this action on December 31, 2020 by filing a complaint and petition for writ of mandate (the “Complaint”) alleging: (1) writ of mandate pursuant to Corporations Code section 17704.10 and California Code of C...

Excerpt: ...DANT AMERICAN YOUTH SOCCER ORGANIZATION'S DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Date: September 28, 2022 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant AMERICAN YOUTH SOCCER ORGANIZATION RESPONDING PARTY: Plaintiffs JOHN LWS DOE, JOHN LSS DOE, and JOHN LHS DOE. The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed their complaint in this action on March 16, 2022. They filed the currently operat...

Excerpt: ...TRIKE [Code of Civil Procedure §§ 418.10(a)(1)] Date: September 28, 2022 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Wells Fargo Bank RESPONDING PARTY: Maha Visconti The Court has considered the moving, opposition, and reply papers. BACKGROUND On May 31, 2022, Plaintiff filed her Complaint. On August 1, 2022, Defendants demurred to Plaintiff's Complaint. On the same day, they moved to strike portions of Plaintiff's Complaint. On September 19, 2022, ...

Excerpt: ...ition, and reply papers. BACKGROUND On June 4, 2021, Maurice Belle (“Plaintiff”) commenced the present action by filing a Complaint against his former employer, Urban Alchemy (“Defendant”). Plaintiff's Complaint is premised upon the allegation that Defendant wrongfully terminated Plaintiff on the basis of his medical disability (i.e., high blood pressure and shoulder, leg, and knee injury), and that Defendant failed to pay Plaintiff appro...

Excerpt: ...t”) alleging: (1) public nuisance; and (2) unfair competition. Defendants filed an answer (the “Answer”) to the Complaint on June 13, 2022. On June 23, 2022, Defendants filed an amended answer (the “AA”) to the Complaint asserting 37 affirmative defenses. On August 4, 2022, Plaintiff filed a demurrer (the “Demurrer”) to the (1) second, third, fifth, 10th through 14th, 20th through 23rd, 30th, 33rd, 36th, and 37th affirmative defense...

Excerpt: ...Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of the implied warranty of habitability; (2) breach of the implied covenant of quiet enjoyment; (3) violation of statutory duty (failure to return security deposit); (4) unfair trade and business practices; (5) nuisance; (6) constructive eviction; (7) violation of Civil Code section 1942.3; and (8) breach of statutory duty under Civil Code section 1950.5. The relevant allegati...

Excerpt: ... NICHOLS The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of the alleged wrongful foreclosure sale of real property (the “Property”). The currently operative first amended complaint (the “FAC”) alleges: (1) violation of Civil Code section 2923.5; (2) violation of Civil Code section 2924, subdivision (a)(1); (3) unfair business practices in violation of Business and Professions Code secti...

Excerpt: ...ast nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This case arises out of an alleged debt. Plaintiff's complaint (the “Complaint”) alleges: (1) open book account; (2) account stated; (3) reasonable value; (4) breach of contract; and (5) personal guaranty. On August 5, 2022, Plaintiff filed a motion for terminating sanctions against Defendant Rafael Quinonez (�...

Excerpt: ...re 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 indemnitor/indemnitee relationship. The currently operative complaint (the “Complaint”) alleges: (1) breach of the NBA Indemnity Agreement; (2) specific performance of the NBA Indemnity Agreement; (3) br...

Excerpt: ...rnia Permanente Medical Group (“SCPMG”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action rises out of an employer/employee relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) quid pro quo sexual harassment; (2) hostile work harassment; (3) discrimination; (4) retaliation; (5) failure to prevent; and (6) violations of ...

Excerpt: ...a Miller, Mona Karaguozian (collectively, the “Aligned Defendants”), and Motion Picture and Television Fund (“MPTF”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND On May 10, 2022, Plaintiff filed a complaint (the “Complaint”) alleging 14 causes of action arising out of an employment relationship. On June 10, 2022, the Aligned Defendants filed a motion to compel arbitration and stay the proceedings (th...

Excerpt: ...ing, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative fourth amended complaint (the “4AC”) alleges: (1) breach of contract; (2) breach of implied warranty of habitability; and (3) negligence. Moving Defendant filed four motions: (1) a motion to compel further responses to its Requests for Production, set one (the “RFP Motion”); (2) a second motion to compel further r...

Excerpt: ...inghaus (collectively, the “Martin Plaintiffs”); (2) Jamie Ann Ivey, Sandra Dee Ivey, and James Edward Ivey, Jr. (collectively, the “Ivey Plaintiffs”) RESPONDING PARTIES: (1) Defendants Serrano Post Acute LLC (“HPHC”) and Benjamin Landa (“Landa”) (collectively, the “HPHC Defendants”); (2) Marcel Adrian Solero Filart, M.D. (“Dr. Filart”) [1] The Court has considered the moving, opposition and reply papers. [2] BACKGROUND On...

Excerpt: ...SPONDING PARTY: Defendant/Cross-Complainant Mike H. Davidyan (“Davidyan”) This order concerns two matters: (1) a demurrer (the “Demurrer”) to the FAXC filed by Atlas; and (2) a motion to continue trial (the “Motion”) filed by Atlas. The Court has reviewed the moving, opposition and reply papers filed in connection to the Demurrer. No opposition papers were filed in response to the Motion. Any opposition papers were required to have be...

Excerpt: ...ition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). The currently operative first amended complaint (the “FAC”) alleges: (1) quiet title; and (2) action to cancel recorded lis pendens. The relevant allegations of the FAC are as follows: On or about July 9, 2015, the trustee for the bankruptcy estate (the “Trustee”) of Morad Javedanfar (“Javedanfar”) filed a lawsuit agai...

Excerpt: ...nts/Cross-Complainants Museum of Selfies, Inc. and Azariy Lapidus (collectively, “Cross-Complainants”) BACKGROUND This action arises out of a commercial landlord/tenant relationship. The currently operative first amended cross complaint (the “FAXC”) alleges: (1) breach of contract; (2) promissory fraud; (3) professional negligence; and (4) declaratory relief. In relevant part, the FAXC alleges: On or about July 2, 2018, Cross-Complainants...

Excerpt: ...iff The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. On March 11, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of the Ameri...

Excerpt: ...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 On March 16, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) common count – money had and received; (2) common count – goods and services rendered; (3) reas...

Excerpt: ...PONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On May 3, 2022, the Court ruled on three motions to compel and one motion to deem requests for admissions admitted (collectively, the “Motions to Compel") filed by Plaintiff. The Court found that because Moving Defendants had served their overdue discovery responses before the time of th...

Excerpt: ...Tal Zilker (“Zilker”), Dani Gergel (“Gergel”) and Mission Hills Properties Ventures LLC (“Mission Hills LLC”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a series of loans and investments Plaintiffs allege that they made to Moving Defendant for the purpose of a real estate development project in connection with two properties: (1) a property lo...

Excerpt: ...spitals (“KFH”), and Southern California Permanente Medical Group (“SCPMG”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action rises out of an employer/employee relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) quid pro quo sexual harassment; (2) hostile work harassment; (3) discrimination; (4) retaliation; (5) fa...

Excerpt: ...iff” or “Prime South Lake”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a commercial landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges breach of contract. The relevant allegations of the Complaint are as follows: On or about August 1, 2017, Plaintiff and Moving Defendant entered into a lease agreement (the “Lease”) pursuant to which Defendant rent...

Excerpt: ...e 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 December 15, 2020, the Court entered judgment in favor of Plaintiff against Defendant in the amount of $40,678.70. On June 10, 2022, third party Xue Li Zeng (“Claimant”), who is Defendant's spouse, served a claim of exemption (the “Exemption”) in the amount of $7,859.76. Plai...

Excerpt: ... Super Center of Orlando, LLC (“TSC”) (collectively, “Defendants”) The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of the alleged breach of a settlement agreement. On March 17, 202...

Excerpt: ...Santi”) and Serena Cenni-Santi (“Ms. Santi”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs initiated this action on March 14, 2019 alleging injuries sustained in an automobile accident that occurred on February 19, 2018 while Plaintiffs were receiving a ride from a driver using Lyft's ride share mobile app. On December 21, 2020, Plaintiffs filed the currently operati...

Excerpt: ...d Gene Zarrillo (collectively, “Moving Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On April 12, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) hostile work environment harassment (conduct directed at Plaintiff by an individual); (2) hostile work environment harassment (conduct directed at Plaintiff by an individual); (3) ...

Excerpt: ...erobyan”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition, and reply papers. After Moving Defendants filed their reply brief (the “Reply”), Plaintiff filed a response to the reply. 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 CCP �...

Excerpt: ...ctively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute between Plaintiff, who is an elected public official who serves on the District's Governing Board (the “Board”) and the District, its general manager, Rojas, and its general counsel, Defendant Robert Baker (“Baker”). Plaintiff's complaint (the “Complaint”) allege...

Excerpt: ...] RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. On July 25, 2022, Moving Defendants filed a motion to continue the trial date (the “Motion”) from its currently-scheduled April 24, 2023 start date. DISCUSSION California Rules of Court (“CRC”), rule 3.1332(a) provides that trial dates are firm to ensure prompt disposition of...

Excerpt: ...T. Kline (collectively, “Moving Defendants”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action concerns a dispute regarding the use of funds held in an escrow account pursuant to a settlement agreement ...

Excerpt: ...ion and reply papers. BACKGROUND This action arises out of alleged wrongdoing that occurred while Plaintiff was a patron at a nightclub. The currently operative third amended complaint (the “TAC”) alleges: (1) battery; (2) assault; (3) false imprisonment; (4) negligence; (5) negligent supervision; and (6) premises liability. Moving Defendant filed a motion to compel Plaintiff to file an undertaking (the “Motion”) on the grounds that Plain...

Excerpt: ...g Defendant”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers.[1] BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) race discrimination – disparate impact; (2) race discrimination – disparate treatment; (3) gender discrimination – disparate impact; (4) gender discrimination – disparate treatment; (5) failure to prevent di...

Excerpt: ...This action arises out of the purchase of an allegedly defective pre-owned Chevrolet Silverado (the “Vehicle”) that was manufactured by Moving Defendant. The currently operative second amended complaint (the “SAC”) alleges: (1) violations of the Song-Beverly Consumer Warranty Act; (22) violations of the Magnuson-Moss Warranty Act; (3) violations of the Consumers Legal Remedies Act; (4) violations of the Unfair Competition Law; (5) violati...

Excerpt: ... the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts representative claims on behalf of himself and other aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”). Moving Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began his employment, he signed a binding arbitrat...

Excerpt: ...sani (“Defendants”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an indemnitor/indemnitee relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of the NBA Indemnity Agreement; (2) specific performance of the NBA Indemnity Agreement; (3) breach of the R&H Indemnity Agreement; and (4) specific performance of the R&H Indemnity Agreement. On October 6, 2021, Plai...

Excerpt: ...Ms. Rodgers”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of alleged wrongdoing that occurred while Plaintiff lived with Moving Defendants and worked as their au pair. Plaintiff's complaint (the “Complaint”) alleges: (1) invasion of privacy; (2) violation of Civil Code section 1708; (3) assault; (4) negligent infliction ...

Excerpt: .... BACKGROUND This action arises out of alleged wrongdoing that occurred during a police traffic stop conducted by Defendant Officer Huynh (“Officer Huynh”). Moving Defendant filed a motion for relief from objections to waiver (the “Motion”). DISCUSSION Where a party who is served interrogatories fails to serve a timely response, the party to whom the interrogatories are directed waives any objection to the interrogatories, including one b...

Excerpt: ...ft, Inc. (“Lyft”); Marat Grigorian and Armen Grigorian (the “Grigorian Defendants”) (collectively, “Defendants”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged injuries Plaintiffs suffered as a result of an automobile accident that occurred while Plaintiffs were receiving a ride from a driver using Lyft's ride share mobile app. Plaintiffs initiated this action on March...

Excerpt: ...pposition and reply papers. BACKGROUND This action involves a dispute with a Homeowners Association. Plaintiff filed the currently operative first amended complaint (the “FAC”) on September 10, 2021. On November 8, 2021, default was taken against Moving Defendant. On February 22, 2022, Plaintiff filed an application for default judgment against Moving Defendant. On March 23, 2022, an attorney representing Moving Defendant's insurance company ...

Excerpt: ...CKGROUND This action arises out of an employment relationship. On April 12, 2021, Plaintiff filed a complaint (the “Complaint”) alleging seven causes of action for violations of the Fair Employment and Housing Act (“FEHA”). Only the first cause of action for hostile work environment was alleged against Moving Defendant. On April 13, 2022, all of the named Defendants in this action filed a motion for summary judgment (the “MSJ”). The C...