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: ...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...

Excerpt: ...position 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. Plaintiff's complaint (the “Complaint”) alleges: (1) negligence; (2) wrongful eviction in violation of the Los Angeles Rent Ordinance; (3) cons...

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: ...��Daniel”)[1], Ralph Sharaby (“Ralph”), Tal Zilker (“Zilker”), Dani Gergel (“Gergel”) and Mission Hills Properties Ventures LLC (“Mission Hills”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a series of alleged loans Plaintiffs issued to Defendant for the purpose of a real estate development project. Plaintiff's complaint (the “Complaint...

Excerpt: ...Zash Global Media and Entertainment Corporation (“Zash”) (collectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud and concealment; (4) negligent misr...

Excerpt: ...Khalil Brian Zaghian (“Zaghian”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the deterioration of a personal and professional relationship. Hernandez initiated this matter by filing a complaint (the “Complaint”) alleging: (1) civil theft; (2) conversion; (3) tortious interference with contractual relations; (4) tortious interference with prospective economic advantage; (5) breach ...

Excerpt: ...efendant”) RESPONDING PARTIES: Plaintiff/Cross-Defendant Sea Level, LLC (“Sea Level”) and Cross-Defendants Peter Mertz, 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 implied co...

Excerpt: ...has considered the moving, opposition and reply papers. BACKGROUND On October 30, 2014, Plaintiff initiated this action, which arises out of injuries Plaintiff sustained in an accident that occurred while he was working. On August 25, 2021, after the close of the second phase of the jury trial, the Court entered judgment against Defendants and in favor of Plaintiff.[1] On November 4, 2021, the Court granted Moving Defendants' motion for new trial...

Excerpt: ...st) Pacific Southwest Region (“PSWR”); Bruce Indermill (“Indermill”); Branden Hendricks (“Hendricks”); and Lorenzo Johnson (“Johnson”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers.[1] BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff filed a complaint (the “Complaint”) on November 2, 2020. The Court sustained de...

Excerpt: ...were 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 On February 26, 2020, Plaintiff filed a complaint (the “Complaint”) alleging violations of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code section 25249.5, et seq. (“Proposition 65”) in connection to the sale of eye kits co...

Excerpt: ...zian (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 On May 10, 2022, Plaintiff filed a complaint (the “Complaint”) asserting 14 causes of action arising out of an employme...

Excerpt: ...ing papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine 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. Moving Defendants filed a motion to enforce settlement agreement (the “Motion”) arguing that Plaintiff waived her rights to pursue this action p...

Excerpt: ...zian (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 On May 10, 2022, Plaintiff filed a complaint (the “Complaint”) asserting 14 causes of action arising out of an employme...

Excerpt: ...led and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiff filed a complaint (the “Complaint”) on December 3, 2020 alleging causes of action which arise out of an employment relationship. Following a nonappearance case review on April 14, 2022, the Court dismissed the action for failure to file joint trial documents. On June 20, 2022, Plai...

Excerpt: ...on 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 case arises out of a commercial lease agreement. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; and (2) breach of guaranty. The Complaint alleges: Plaintiff and Defendant Tiffany's House of Bounce (“House of Bounce”) entere...

Excerpt: ... RESPONDING PARTIES: Defendant/Cross-Complainant Chronicpractor Caregiver, Inc., Eric Loyola, and Daniela Alexander (collectively, “Defendants”) The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship related to a marijuana dispensary business. Plaintiffs filed four motions to compel further discovery responses (collectively, the “Motions”). In addition to further respon...

Excerpt: ...tiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). Plaintiff initiated this action on October 21, 2021, by filing a complaint (the “Complaint”) alleging: (1) declaratory relief to quiet title. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of contract; and (2) equitable estoppel/declaratory rel...

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 Plaintiffs, individually and as guardians ad litem for minor claimants (collectively, “Minor Claimants”), initiated this action which arises out of a landlord/tenant relationshi...

Excerpt: ...eply papers. BACKGROUND Plaintiff filed: two motions to compel responses to his requests for production, set one (the “RFP Motions”) and two motions to compel responses to his form interrogatories, set one (the “Interrogatory Motions”) (collectively, the “Motions”).[1] DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party f...

Excerpt: ...ing, opposition and reply papers.[1] BACKGROUND This case arises out of an employment relationship. Plaintiff's currently operative first amended complaint (the “FAC”) alleges: (1) retaliation in violation of Labor Code section 1102.5; (2) discrimination based on a medical condition in violation of the Fair Employment and Housing Act (“FEHA”); (3) failure to prevent discrimination in violation of FEHA; (4) violation of the Confidentiality...

Excerpt: ...o (“Zarrillo”) RESPONDING PARTY: Plaintiff 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) hostile w...

Excerpt: ...D Plaintiff filed a complaint (the “Complaint”) on March 18, 2022 alleging: (1) breach of leases; (2) breach of guaranties; (3) claim and delivery; and (4) conversion. Defendants filed an answer to the Complaint (the “Answer”) on May 23, 2022 asserting 22 affirmative defenses. Plaintiff filed a demurrer (the “Demurrer”) to the second through twenty-second affirmative defenses on the grounds that Defendants failed to allege facts to co...

Excerpt: ...Products, Inc., Donald Goodman, Daniel Goodman and Brandon Goodman (collectively, the “DLF Parties”) RESPONDING PARTY: Defendant/Cross-Complainant Beyond Meat, Inc. (“BMI”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the dissolution of the business relationship between BMI and DLF (the “Parties”) and the termination of an agreement pursuant to which DLF manufactured certain of...

Excerpt: ...mee Lee (“Lee”) and Maybel Manlagnit (“Manlagnit”) (collectively, “Defendants”) 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 This action arises out of alleged wrongdoing that occurred while Plaintif...

Excerpt: ...ss-Defendants Aiden Sciandra and Boualiene Syprasert (“Plaintiffs”) RESPONDING PARTY: Defendant/Cross-Complainant Chronicpractor Caregiver, Inc. (“Chronicpractor”) The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship concerning a marijuana dispensary business. The currently operative second amended complaint (the “SAC”) alleges three breach of contract causes of a...

Excerpt: ... required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND On December 31, 2018 Plaintiff filed a complaint (the “Complaint”) alleging 21 causes of action that arise out of an employment relationship with Defendants Moka Auto Show Inc. and Mohammed Kazemi (collectively, “Defendants”). On September 16, 2022, the Court iss...

Excerpt: ...indicates that Plaintiff also intended to move to compel responses to Plaintiff's Form and Special Interrogatories, set one and Plaintiff's Requests for Production, set one (collectively, the “Motions to Compel”). (See Declaration of Debora Rabieian (“Rabieian Decl.”) ¶ 2.) Although there are opposition and reply papers on file with the Court that correspond to the Motions to Compel, the RFA Motion is the only motion filed by Plaintiff r...

Excerpt: ...oving 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 is a survivor and wrongful death action arising from the illness and subsequent death of Plaintiff Manuel Rodriguez allegedly caused by exposure to toxic chemicals during his employment at Brid...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND On May 2, 2022, Plaintiff filed the currently operative first amended complaint (the “FAC”) alleging 20 causes of action arising under the common law, Labor Code and Fair Employment and Housing Act (“FEHA”). On June 13, 2022, Moving Defendant filed a motion to transfer venue (the “Motion”) seeking an order to transfer this matter to a court in Riverside County. DISCUSSION Under ...

Excerpt: ...iled and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Petitioner filed an unopposed motion (the “Motion”) for an order authorizing alternate service by email of an Order to Appear for Examination (“ORAP”) on Defendant and Judgment Debtor Shaqwita Rodriguez (“Rodriguez”). DISCUSSION Under CCP section 413.30, where no provision is made i...

Excerpt: ...n to tax costs (the “Costs Motion”) filed by Defendants Abner Fard Pajounia (“Abner”) and Sabar Fard Pajounia (collectively, the “Pajounia Defendants”).[1] The Court has considered the moving, opposition, reply and supplemental papers. MOVING PARTIES: (1) Plaintiff; (2) Pajounia Defendants RESPONDING PARTIES: (1) Pajounia Defendants; (2) Plaintiff BACKGROUND This is action arises out of a dispute over the sale of real property. Plaint...

Excerpt: ...apers were 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 Plaintiff filed a representative action complaint pursuant to the Private Attorneys General Act (“PAGA”) on behalf of himself and all other aggrieved employees alleging various Labor Code violations against Defendants arising from Plaintiff's employment with Defendants...

Excerpt: ...tion and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2017 Chevrolet Bolt EV (the “Vehicle”) which was manufactured by Moving Defendant. The currently operative first amended complaint (the “FAC”) alleges: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) brea...

Excerpt: ...��Motions”). Plaintiff/Cross-Defendant Don Lee Farms (“DLF”) filed Motions to exclude the testimony of: (1) Dr. Robert Buchanan (“Dr. Buchanan”) (the “Buchanan Motion”); (2) William R. Ackerman (“Ackerman”) (the “Ackerman Motion”); and (3) Dr. Alyson E. Michell (“Dr. Mitchell”) (the “Mitchell Motion”). Defendant/Cross-Complainant Beyond Meat, Inc. (“BMI”) filed motions to exclude the testimony of: (1) Timothy J. ...

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 Petitioner filed an unopposed petition (the “Petition”) to establish a claim to escheated property. Petitioner is a private investigator who entered into a contract with Nancy Hendrickson (“Hendrickson”) wherein Hendrickson agreed to assign Petitioner...

Excerpt: ...Inc., Golden Management Services Inc., Regency Management, Inc., Swaranjit S. Nijjar (“Nijjar”), and Daljit K. Kler (“Kler”) (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This action for abatement and injunction was initiated by the City Attorney of Los Angeles and concerns an alleged public nuisance caused by gang-related activity at an apartment complex located in the N...

Excerpt: ... (“KSIL”) and K-Swiss Inc. (“K-Swiss”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant/Cross-Complainant Carter Internacional, S.A. (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Plaintiffs initiated this action on June 4, 2018. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of written contr...

Excerpt: ... Anthem Companies of California, Inc., and CareMore Health System (collectively, “Moving Parties”)[1] 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 section 1005, subdivision (b). BACKGROUND Plaintiff filed a representative action complaint pursuant to the Private ...

Excerpt: ...Plaintiffs Emma Martin (“Mrs. Martin”), Elizabeth Gagliano (“Gagliano”) and Kathryn Sessinghaus (“Sessinghaus”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This survivor 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 fac...

Excerpt: .... (“KSIL”) and K-Swiss Inc. (“K-Swiss”) (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant/Cross-Complainant Carter Internacional, S.A. (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a business relationship. Plaintiffs initiated this action on June 4, 2018. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of written cont...

Excerpt: ...e 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 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 May 27, 2022, Plaintiff...

Excerpt: ...lectively, 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 a dispute over money that Defendants allegedly borrowed from Plaintiff. The currently operative first amended c...

Excerpt: ...star”) (collectively, “Moving Defendants”) The Court has considered the moving papers. No opposition was 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 the foreclosure of Plaintiff's real property (the “Property”). On January 24, 2020, Plaintiff filed a ...

Excerpt: ...NDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges: (1) intentional misrepresentation; (2) intentional fraudulent concealment; (3) negligent misrepresentation; (4) breach of fiduciary duty (5) breach of written contract; (6) avoidance and recovery of fraudulent transfers; (7) conversion; (8) accounting; (9) conspiracy to defraud; (10) declaratory...

Excerpt: ...to tax costs (the “Costs Motion”) filed by Defendants Abner Fard Pajounia (“Abner”) and Sabar Fard Pajounia (collectively, the “Pajounia Defendants”). [1] The Court has considered the moving, opposition and reply papers. The Fees Motion and the Costs Motion are sometimes collectively referred to as the “Motions.” MOVING PARTIES: (1) Plaintiff; (2) Pajounia Defendants RESPONDING PARTIES: (1) Pajounia Defendants; (2) Plaintiff BACKG...

Excerpt: ...on and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) motor vehicle; and (2) general negligence. Moving Defendants filed a motion for a protective order (the “Motion”) to compel Plaintiff to pay expert witness fees in the amount of $2,600 to defense expert Dr. Charles Hinkin (“Dr. Hinkin”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2025.420, subdivision (a), before, during, ...

Excerpt: ...dispute over the terms of an indemnification provision in a settlement agreement (the “Settlement”) entered into by Plaintiff and Defendant (the “Parties”) in 1978. Plaintiff's complaint (the “Complaint”) alleges two causes of action for breach of contract and a third cause of action for declaratory relief. The Parties each filed a motion for summary adjudication (the “MSJs”). On March 16, 2022, the Court granted Plaintiff's MSJ a...

Excerpt: ... the moving, opposition and reply papers. BACKGROUND This action arises from the lease of an allegedly defective 2019 BMW M850i xDrive convertible (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song- Beverly Act – Section 1793.2;...

Excerpt: ...n and reply papers. BACKGROUND This action arises out of alleged misconduct related to the disbursement of proceeds from Plaintiff's investment in tickets to a boxing match between Floyd Mayweather Jr. and Logan Paul (“Paul”). Plaintiff filed a complaint (the “Complaint”) on February 1, 2022 alleging: (1) breach of contract (count one); (2) breach of contract (count two); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversio...

Excerpt: ... required to have been filed and served at least nine days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) Labor Code section 1102.5 - retaliation; (2) discrimination based on a medical condition in violation of FEHA; (3) failure to prevent discrimination in violation of FEHA; (4) violation of C...

Excerpt: ...tiffs”) RESPONDING PARTIES: Defendants Lyft, Inc. (“Lyft”); Marat Grigorian and Armen Grigorian (the “Grigorians”) (collectively, “Defendants”)[1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs initiated this action on March 14, 2019, alleging injuries suffered in an automobile accident that occurred on February 19, 2018 while Plaintiffs were receiving a ride from a driver using Lyft's ride s...

Excerpt: ...nts”) 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 under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This lemon law action concerns an allegedly defective 2017 Jeep Cherokee (the “Vehicle”), which was manufactured by FCA. P...

Excerpt: ...CKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges various discrimination, harassment and retaliation claims under the Fair Housing and Employment Act (“FEHA”). Moving Defendant filed a motion for a protective order (the “Motion”) in order to prevent Plaintiff from taking the depositions of: (1) Moving Defendant's Senior Vice President of Operations, Fred Betzen (“Betzen”...

Excerpt: ...osition 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 damage to Plaintiff's property (the “Property”). The currently operative first amended complaint (the “FAC”) alleges: (1) inverse condemnation; (2) negligence; and (3) nuisance. The FAC all...

Excerpt: ...) The Court has considered the moving, opposition and reply papers. [1] 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. Plaintiff filed a motion to enter a protective ...

Excerpt: ...nd reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges breach of contract. On November 2, 2021, the Court issued notice of a Non-Appearance Case Review for a default or answer scheduled for November 23, 2021. On November 16, 2021, Moving Defendant, pro per, filed a Declaration Supporting Non-Service of Summons contesting service of the Complaint. Moving Defendant's default was entered on November 23, 2021. On March 28, 20...

Excerpt: ...considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200, et seq.; (5) negligence; (6) breach of covenant of quiet enjoyment; (7) intentional influence to vacate; (8)...

Excerpt: ...ered the moving, opposition and reply papers.[1] BACKGROUND This action arises out of a landlord/tenant relationship. The currently operative fourth amended complaint (the “4AC”) alleges: (1) breach of contract; (2) premises liability; (3) breach of implied warranty of habitability; (4) negligence; (5) personal injury; and (6) violation of the Fair Credit Reporting Act (“FCRA”). The 4AC alleges that on May 1, 2012, Plaintiff and Moving De...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongdoing that culminated in the foreclosure of Plaintiffs' investment property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of implied duty of good faith and fair deal...

Excerpt: ...led by Defendants Jona Rechnitz (“Jona”) and Robert Rechnitz (“Robert”) (collectively, the “Rechnitz Defendants”); and (2) a motion to quash service of summons (the “MTQ”) filed by specially appearing Defendant Sheldon Golombeck (“Sheldon”).[1] MOVING PARTIES: (1) the Rechnitz Defendants; and (2) Sheldon RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises ...

Excerpt: ...ollectively, “Moving Defendants”) [1] RESPONDING PARTY: Plaintiffs Kimberly Fay ("Fay"), James Vitale ("Vitale"), Tammy Solz ("Solz"), Jeffrey K. Schmidt ("Schmidt"), Jamie Rosenthal-Boyer ("Rosenthal- Boyer") and Theodore Boyer ("Boyer") 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...

Excerpt: ...e Lee (“Lee”) and Maybel Manlagnit (“Manlagnit”) (collectively, “Defendants”) 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 This action arises out of alleged wrongdoing that occurred while Plaintiff ...

Excerpt: ...This action concerns a dispute over ownership interests in several real properties (collectively, the “Properties”). The currently operative second amended complaint (the “SAC”) alleges: (1) intentional misrepresentation; and (2) negligent misrepresentation. Defendant filed a motion to quash the deposition of Mark Shafron (“Shafron”) and for a protective order prohibiting the deposition and production of the documents requested (the �...

Excerpt: ...ing Trust (collectively, “Opposing Defendants”) The Court has considered the moving, opposition and reply papers. Defendants Carlos V. Rivas (“Rivas”) and CIVAR Realty Advisors (“CAR”) did not file or join any opposition papers. 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).[1] BACKGROUND T...

Excerpt: ...lectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges: (1) violation of Business and Professions code section 10131 (unlicensed persons); (2) hiring of unlicensed persons; (3) breach of fiduciary duty; (4) negligence; and (5) fraud. The relevant allegations in the Complaint are as follows. In 2020, Plaintif...

Excerpt: ...nts”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of contract; (2) breach of implied warranty of habitability/tenantability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) intentional misrepresentation; (6) nuisance; and (7) breach of the co...

Excerpt: ...and Third-Party Defendant Robert Horning (“Horning”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongdoing associated with Plaintiffs' investments in a Delaware Statutory Trust (the “Spring Gate DST”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder a...

Excerpt: ...ively, the “Motions to Strike”) filed by Defendants and a motion to seal (the “Motion to Seal”) filed by Plaintiff. MOVING PARTIES: (1) Defendants Group IX BP Properties, LP; Group IX BP Properties, Inc.; Pama Management, Inc.; Golden Management Services Inc.; Regency Management, Inc. (“Regency”); Swaranjit S. Nijjar (“Nijjar”); and Daljit K. Kler (“Kler”) (collectively, “Moving Defendants”); (2) Plaintiff[1] RESPONDING PA...

Excerpt: ...”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This matter arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) discrimination on the basis of race (FEHA); (2) retaliation (FEHA); (3) failure to prevent discrimination, harassment or retaliation (FEHA); (4) discrimination on the basis of age (FEHA); (...

Excerpt: ...n (“Davidyan”) The Court has reviewed 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) intentional infl...

Excerpt: ...stown), LLC (“Tech International”) The Court has considered the moving, opposition and reply papers. BACKGROUND This is a survivor and wrongful death action arising from the illness and subsequent death of Plaintiff Manuel Rodriguez (“Decedent”) allegedly caused by exposure to toxic chemicals during his employment at Bridgestone Americas, Inc. (“Bridgestone”). The currently operative first amended complaint (the “FAC”) alleges: (1...

Excerpt: ...t dated July 21, 2008 (the “Trust”), Casa Theodore, Inc. (“CTI”) and Cecelia Theodore (“Cecelia”)[1] RESPONDING PARTY: Plaintiff This order concerns: (1) a demurrer filed by Michael, the Trust and CTI (collectively, the “MT Defendants”) (the “Michael Demurrer”); (2) a demurrer filed by Cecelia (the “Cecelia Demurrer”); (3) a motion to strike filed by the MT Defendants (the “Michael MTS”); and (4) a motion to strike fil...

Excerpt: ...dants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the disbursement of the proceeds from Plaintiff's alleged investment in tickets to a boxing match between Mayweather and Logan Paul (“Paul”). Plaintiff filed a complaint (the “Complaint”) on February 1, 2022 alleging: (1) breach of contract (count one); (2) breach of contract (count tw...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged misconduct that occurred while Plaintiff received in-patient hospital care. The currently operative second amended complaint (the “SAC”) alleges: (1) dependent adult abuse/neglect; and (2) negligence. Plaintiff filed three motions: (1) a motion to compel further responses to Plaintiff's Requests for Production, set one (the “First RFP Motion”); (2) ...

Excerpt: ...f The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning real property (the “Property”). On October 21, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) declaratory relief to quiet title. The Complaint alleges that the Property is part of the estate of Carl Lawton (“Decedent”), who died intestate on about October 9, 2020. (Complaint ¶¶ 1-2.) Before...

Excerpt: ...f a landlord/tenant relationship. Plaintiff filed four motions: (1) to deem Plaintiff's Requests for Admission, set one admitted (the “RFA Motion”); (2) to compel Defendants to respond to Plaintiff's Form Interrogatories, set one (the “Form Interrogatories Motion”); (3) to compel Defendants to respond to Plaintiff's Special Interrogatories, set one (the “Special Interrogatories Motion”); and (4) to compel Defendants to respond to Plai...

Excerpt: ...al, Inc. (“CFI”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongful conduct that resulted in the foreclosure of Plaintiffs' investment property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breac...

Excerpt: ... the moving, opposition and reply papers. BACKGROUND This action arises from the lease of an allegedly defective 2019 BMW X6 (the “Vehicle”) which was manufactured by Moving Defendant. Plaintiff's complaint (the “Complaint”) alleges various warranty breaches under the Song-Beverly Act and negligent repair. Moving Defendant filed a motion to compel arbitration and stay proceedings (the “Motion”) on the grounds that when Plaintiff lease...

Excerpt: ...laintiff's document labelled “Plaintiff's Amended Second Cause of Action (the “ASCA”). MOVING PARTIES: (1) Defendants McCarty Memorial Christian Church; Christian Church (Disciples of Christ) Pacific Southwest Region; Bruce Indermill; Branden Hendricks; and Lorenzo Johnson (the “McCarty Defendants”); and (2) R&R Remodeling, Inc.; and Rafael Adan Ayala Martinez (the “R&R Defendants”) (collectively, “Moving Defendants”) [1] RESPON...

Excerpt: ...ns” or “LAFPP”) and Defendants the City of Los Angeles (“City”) and the Board of Fire and Police Pension Commissioners for Los Angeles Fire and Police Pensions (the “Board”) [1] Factual and Procedural Background [2] In 1974, Los Angeles voters approved an amendment to the city charter that allowed the city to provide by ordinance a program that would subsidize health insurance coverage to retired police officers and firefighters. (L...

Excerpt: ...apers. BACKGROUND This action arises out of the lease of an allegedly defective 2018 Ford F-150 (the “Vehicle”). The currently operative second amended complaint (the “SAC”) alleges various violations of the Song-Beverly Act, fraud by omission, and negligent repair. The SAC alleges that on or about September 15, 2018, Plaintiff leased the Vehicle from Tuttle-Click's Capistrano Ford (the “Dealer”), which is a Ford-authorized dealership...

Excerpt: ...ed Leeds Asset Group, Inc. (“Leeds”) (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. The currently operative first amended complaint (the “FAC”) alleges various violations of the Fair Employment and Housing Act (“FEHA”) for disability discrimination, retaliation, violation of the Califo...

Excerpt: ... RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This is a survivor and wrongful death action arising from the illness and subsequent death of Plaintiff Manuel Rodriguez (“Decedent”) allegedly caused by exposure to toxic chemicals during his employment at Bridgestone Americas, Inc. (“Bridgestone”). The currently operative first amended complaint (the “FAC”) alleges: (1) neglige...

Excerpt: ...apers. BACKGROUND This action arises out of the lease of an allegedly defective 2018 Ford F-150 (the “Vehicle”). The currently operative second amended complaint (the “SAC”) alleges various violations of the Song-Beverly Act, fraud by omission, and negligent repair. The SAC alleges that on or about September 15, 2018, Plaintiff leased the Vehicle from Tuttle-Click's Capistrano Ford (the “Dealer”), which is a Ford-authorized dealership...

Excerpt: ...RTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the propriety of billboards operated by Regency that are located in the City of Pomona (“Pomona”). The currently operative sixth amended complaint (the “6AC”) alleges: (1) declaratory relief, injunctive relief and damages for deprivation of civil rights (First Amendment); (2) unfair business practices (Busi...

Excerpt: ...aintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a former attorney-client relationship. Plaintiff alleges that Moving Defendants negligently represented him in an arbitration proceeding (the “Arbitration”) between Plaintiff and his former talent agency, Innovative Artists Talent & Literary Agency, Inc. (“IA”). On October 20, 2020, Plaintiff filed a complaint (the “Complaint�...

Excerpt: ...moving, opposition and reply papers. BACKGROUND This action arises out of an alleged breach of a settlement agreement. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of written contract; (2) accounting; (3) conversion; and (4) unfair business practice. The FAC alleges that Plaintiff and Moving Defendants (the “Parties”) entered into an agreement in March 2017 which provided that Plaintiff would invest in a...

Excerpt: ...) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent, investigate and remedy harassment and discrimination; (5) whistleblower retaliation; and (6) reprisal/retaliation. Moving Defendant filed ...

Excerpt: ...dered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the management of a limited partnership, Willow Tree, L.P. (“Willow Tree” or the “Partnership”). The currently operative first amended cross-complaint (the “FAXC”) alleges: (1) breach of partnership agreement; (2) breach of partnership agreement; (3) breach of fiduciary duty; (4) aiding and abetting breaches of fiduciary duty; (5) conver...

Excerpt: ...la Rosa, Jennifer Sandoval, Reynaldo Ventura, and Erika Ventura (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 guardians ad litem for minor claimants...

Excerpt: ...�) and Sang Woo Lee (“Lee”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the sale of a restaurant business (the “Restaurant”). The currently operative third amended complaint (the “TAC”) alleges: (1) breach of written contract; (2) fraud; (3) negligent misrepresentation; (4) conspiracy to defraud; and (5) professional neglig...

Excerpt: ...a dispute over the terms of an indemnification provision in a settlement agreement (the “Settlement”) entered into by Plaintiff and Defendant (the “Parties”) in 1978. Plaintiff's complaint (the “Complaint”) alleges two causes of action for breach of contract and a third cause of action for declaratory relief. The Parties each filed a motion for summary adjudication (the “MSJs”). On March 16, 2022, the Court granted Plaintiff's MSJ...

Excerpt: ...ion and reply papers. BACKGROUND This action arises out of alleged wrongful conduct that culminated in the foreclosure of Plaintiff's real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) negligence; (2) promissory estoppel; (3) set aside trustee's sale; (4) tortious interference with contractual relations; (5) quiet title; (6) negligence; (7) violation of Business and Professions Code s...

Excerpt: ...ING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out a dispute between a resident of a housing community and the community's homeowner's association. The currently operative second amended complaint (the “SAC”) seeks injunctive relief and damages for: (1) violation of the California Fair Employment and Housing Act (“FEHA”); (2) violation of the Unruh Civil Rights Act; (3)...

Excerpt: ... case arises out of alleged wrongful conduct that prevented Plaintiffs from completing a short sale of real property (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) tortious interference with contractual relations; (2) intentional interference with prospective economic advantage; (3) promissory estoppel; (4) breach of contract; and (5) specific performance. The SAC alleges that on October 2, 201...

Excerpt: ...ducts, Inc. (“GFP”) (sometimes collectively, “DLF”) RESPONDING PARTY: Defendant/Cross-Complainant Beyond Meat, Inc. (“BMI”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the dissolution of the business relationship between BMI and DLF (the “Parties”). BMI's currently operative first amended cross-complaint (the “FAXC”) alleges: (1) violation of the California Uniform Tra...

Excerpt: ...ly papers. BACKGROUND This action arises out of the purchase of an allegedly defective used 2014 Chevrolet Silverado 1500 (the “Vehicle”). Plaintiff's complaint (the “Complaint”) was filed on June 11, 2020 and alleges: (1) violations of the Song-Beverly Act; (2) violations of the Consumers Legal Remedies Act; (3) deceit; (4) negligent misrepresentation; (5) violations of Business and Professions Code section 17200; (6) violations of Vehic...

Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND This action arises from the purchase of an allegedly defective 2019 Honda Civic 1500 (the “Vehicle”), which was manufactured by Moving Defendant. On April 5, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of express warranty in violation of the Song- Beverly Act; and (2) breach of implied warranty in violation of the Song-Beverly Act. On February 10...

Excerpt: ...MOS”) and Azariy Lapidus (“Lapidus”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. [1] BACKGROUND This case arises out of a commercial landlord/tenant relationship. Plaintiff's Complaint (the “Complaint”) alleges: (1) breach of commercial lease; and (2) breach of guaranty. The Complaint alleges that Plaintiff owns a commercial building on Hollywood Boulevard (the “Property”). (Com...