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: ...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: ...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: ...(“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: ... 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: ...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: ...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: ...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...