Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of alleged injuries caused by exposure to hazardous materials. The currently operative first amended complaint (the “FAC”) alleges: (1) negligence; (2) strict liability – warning defect; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. In relevant part, the FAC alleges...

Excerpt: ...ourt has considered the moving papers. No opposition papers were filed. The Court further notes that although the Court has received notice of automatic stay based on the bankruptcy filing of Defendant GJY Property Investment, Inc., LLC, it has not issued an order staying the entire action, and the remainder of the action is proceeding as to Plaintiffs' claims as to, among other defendants, Gregory C. Yu, moving party herein BACKGROUND This conso...

Excerpt: ...Trial: May 6, 2024 AND RELATED CROSS-ACTIONS MOVING PARTY: Defendant/Cross-Complainant City of Pomona (the “City” or “Pomona”) RESPONDING PARTY: Cross-Defendant Regency Outdoor Advertising, Inc. (“Regency”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises from a dispute over the City's regulation of billboards and was initiated by Plaintiffs on February 14, 2019. The currently operative ...

Excerpt: ... Wayne Fishback (“Plaintiff Fishback”) The Court has considered the moving, opposing, and reply papers. BACKGROUND This is an action arising from false statements allegedly made about Plaintiff Fishback in an email sent to employees of the County of Los Angeles Department of Public Works. Plaintiff Fishback filed the operative Third Amended Complaint (“TAC”) against Defendant Campbell alleging causes of action for: defamation and libel pe...

Excerpt: ...rt has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of habitability and substandard conditions concerning Plaintiff's tenancy at the premises located on 3531 E. 6 th Street, Los, Angeles, California. On August 19, 2019, Plaintiffs Barbara Mendoza (“Plaintiff”), Johnny Ramirez, and Lisa Granado filed a complaint against Defendants Danny Navarro (“Defendant”) and Does 1-5, alleging (1) breach of imp...

Excerpt: ..., and reply papers. BACKGROUND - Richard Hernandez (“Plaintiff”) filed a complaint (the “Complaint”) which alleges 15 causes of action arising from an employment relationship with American Guard Services, Inc (“Defendant”). On September 8, 2023, Defendant filed a motion to compel arbitration (the “Motion”) on the grounds that when Plaintiff began working for Defendant, he signed agreements that contained provisions requiring him t...

Excerpt: ...�) RESPONDING PARTIES: Plaintiffs A Plus Fabric, Inc.; Q Textile, Inc.; and Elliot Tishbi 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 Code Civ. Proc. § 1005(b). BACKGROUND Plaintiffs filed a complaint against Defendants arising from an allegedly fraudulent loan scheme, alleging 24 causes ...

Excerpt: ...Plaintiff Patrick Krug 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. The Court denied Plaintiff's ...

Excerpt: ... an individual; AARON HIRSCHHORN, an individual; WESTWOOD CONCIERGE, LLC, a California limited liability company; WM INVESTMENT HOLDINGS, LLC, a Kentucky limited liability company; WMIH-I, LP, a Kentucky limited partnership; KAN FUNDING LLC, a Delaware limited liability company; EDIDIN PARTNERS, LLC, a Delaware limited liability company; 1P VENTURES, LLC, a California limited liability company; SHARRAN INVESTMENTS; THE ENTRUST GROUP FBO SHARRAN S...

Excerpt: ...NTATIVE] ORDER RE: MOTION FOR AN ORDER EXPANDING THE PAGE LIMIT ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION 8:30 a.m. October 25, 2023 Dept. 56 MOVING PARTY: Defendant Marcel Adrian Solero Filart RESPONDING PARTIES: Plaintiffs Emma Martin, Elizabeth Gagliano, and Kathryn Sessinghaus The Court has considered the moving, opposition, and reply papers. BACKGROUND This survivor action arises out o...

Excerpt: ...sidered the moving, opposition, and reply papers. BACKGROUND - This case arises out of allegations of religious discrimination. Mauricio Quinto (“Plaintiff”) files suit against his employer, Defendant LACOE for violating his right to religious freedom. Plaintiff identifies as a Christian. Plaintiff is an experienced academic counselor and during the 2020-2021 school year was employed by Defendant. (Complaint, 2:3 and 10-11.) During his employ...

Excerpt: ...apers. BACKGROUND Plaintiff filed a complaint arising from the alleged interception of Plaintiff's chats on Defendant's website, alleging causes of action for: (1) violations of the California Invasion of Privacy Act (“CIPA”) pursuant to California Penal Code, Section 631; and (2) violations of the CIPA pursuant to California Penal Code, Section 632.7. On September 20, 2023, Defendant filed and served a demurrer to the first and second causes...

Excerpt: ...n (“Mr. Galvan”) and Paige Galvan (“Ms. Galvan”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This is an action arising from a lease and option to purchase agreement between Mr. Galvan, Ms. Galvan, and Defendant Waljeski. Mr. Galvan and Ms. Galvan filed the operative Complaint against Defendant Waljeski alleging causes of action for: (1) violation of California Civil Code § 1942.4...

Excerpt: ...RTY: None. The Court has considered the moving papers. Neither opposition nor reply papers were filed. BACKGROUND This is an action arising from alleged damage to a condominium unit owned by Plaintiff Coleen L. Johnson (“Plaintiff Johnson”) that suffered water damage due to a burst pipe in a connected condominium unit (the “Unit”) owned by Defendant Maria B. Rivera Henriquez (“Henriquez”). Plaintiff Johnson filed the operative Complai...

Excerpt: ...n (“Mr. Galvan”) and Paige Galvan (“Ms. Galvan”) The Court has considered the moving and opposition papers. No reply papers have been filed. BACKGROUND This is an action arising from a lease and option to purchase agreement between Mr. Galvan, Ms. Galvan, and Defendant Waljeski. Mr. Galvan and Ms. Galvan filed the operative Complaint against Defendant Waljeski alleging causes of action for: (1) violation of California Civil Code § 1942.4...

Excerpt: ...ESPONDING 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 under the Fair Employment and Housing Act (“FEHA”); (2) harassment under FEHA; (3) retaliation under FEHA; (4) failure to prevent, investigate and remedy harassment and discrimination under FEHA;...

Excerpt: ...red 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. On March 10, 2023, Plaintiff filed a complaint (the “Complaint”) for unlawful detainer. On October 9, 2023, Plaintiff filed a motion for summary judgment (the “Motion”). DISCUSSION Under CCP section 1170.7, a motion ...

Excerpt: ...ly, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges seven causes of action that arise out of an employment relationship. On July 13, 2023, Plaintiff filed: (1) a motion to compel ESO's further responses to Requests for Production, Set One (the “ESO RFP 1 Motion”); (2) a motion to compel ESO's further responses for RFPs, Set Two (the “ESO RFP 2...

Excerpt: ...s considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. On July 5, 2023, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of Labor Code sections 233 and 2698; (2) Violation of Labor Code sections 98.6 and 2698; (3) violation of Labor Code sections 226 and 2698; (4) Civil Penalties under the Private Attorneys General Act (“PAGA”); (5) failure to pay minimum...

Excerpt: ...tion 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' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; (4) intentional infliction of emotional distress; (5) nuisanc...

Excerpt: ...oss-Complainants Centurion Protection Services (“Centurion”) and Richard Ray Dudgeon (“Dudgeon”) (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Cuevas's first amended complaint (the “FAC”) alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) fa...

Excerpt: ...��Pomona”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the City's regulation of billboards and was initiated by Plaintiffs on February 14, 2019. The currently operative sixth amended complaint (the “6AC”) alleges: (1) declaratory relief, injunctive relief, and damages for deprivation of civil rights (First Amendment). In relevant part, the...

Excerpt: ...rstone”); Lyons Marble, Inc. (“Lyons”); and M S International (“M S”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged injuries caused by exposure to hazardous materials. The currently operative first amended complaint (the “FAC”) alleges: (1) negligence; (2) strict liability – warning defect; (3) stri...

Excerpt: ..., 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 Unfair Competition Law. On Septemb...

Excerpt: ...ross-Complainants Centurion Protection Services and Richard Ray Dudgeon (collectively, “Cross-Complainants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Cuevas's first amended complaint alleges: (1) Private Attorneys General Act; (2) failure to pay overtime wages in violation of Labor Code section 510; (3) failure to reimburse and indemnify for expenditures...