Excerpt: ...�) RESPONDING PARTY: Plaintiff The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises from the purchase of an allegedly defective 2018 Dodge Ram 1500 (the “Vehicle”), which was manufactured by FC...

Excerpt: ...d 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) breach of contract; (2) breach of covenant of quiet enjoyment; (3) breach of warranty of habitability; (4) negligence; (5) private nuisance; (6) violation of Civil Code section 1942.5; (7) violation of Civil Code section 1950.5; (8) fraud; (9) unfair business p...

Excerpt: ...ion 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 arises out of a dispute concerning investments in real property. The currently operative first amended complaint (the “FAC”) alleges: (1) quiet title as to the Cliffside Property; (2) declaratory relief; (3...

Excerpt: ... “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 Plaintiff filed a complaint (the “Complaint”) on May 17, 2016. The Complaint named America Honda Motor Company, Inc. (“Honda”), TKH an...

Excerpt: ...ng Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND . Plaintiff's complaint (the “Complaint”) alleges various warranty breaches under the Song-Beverly Act arising from the purchase of an allegedly defective 2018 Dodge Ram 3500 (the “Vehicle”) that was manufactured by FCA. [1] Moving Defendants filed a motion to compel arbitration and stay the proceedings pending the co...

Excerpt: ...t has considered the moving, opposition and reply papers. BACKGROUND This action rises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) f...

Excerpt: ...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 This is a class and representative action arising out of alleged unlawful employment practices of Defendant Cha Hollywood Medical Center, L.P. (“Defendant”). On July 27, 2021, following private mediation with a professional neutral mediator, Plai...

Excerpt: ...CKGROUND This action arises out of an employment relationship. The currently operative first amended complaint (the “FAC”) asserts 12 causes of action alleging various discrimination and harassment claims, wrongful termination and retaliation. The FAC seeks an award of punitive damages in connection to each cause of action alleged except for the fifth cause of action for unfair business practices. Plaintiff filed a motion for an order to cond...

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

Excerpt: ...ourt has considered the moving, opposition and reply papers. BACKGROUND On November 19, 2021, Plaintiff filed the currently operative fourth amended complaint (the “FAC”). On February 2, 2022, Moving Defendant filed a motion to quash the service and summons of the FAC (the “Motion”) on the grounds that service was not properly effectuated. DISCUSSION California Code of Civil Procedure (“CCP”) section 418.10, subdivision a provides tha...

Excerpt: ...Intervention Patriot Hyundai of El Monte, LLC (“Patriot”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns ownership rights in Patriot, a franchisee dealership of Hyundai. The underlying action is a dispute between co-owners of Patriot (the “Ajilian Group” and the “Agha Group”). The Court allowed Hyundai to file a complaint-in-intervention (the “IC”) against Patriot, which alleges: ...

Excerpt: ...tion papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This case arises out of alleged wrongful conduct that occurred in connection to the marriage dissolution proceeding of Plaintiff and Moving Defendant (the “Parties”). On May 7, 2021, Plaintiff filed a Complaint (the �...

Excerpt: ...ONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. [1] BACKGROUND This action rises out of an employer/employee relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) racial discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to maintain an environment free from discrimination, ...

Excerpt: ...eply 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 On August 23, 2021, Plaintiff and Defendants entered into a settlement agreement under which Defendants agreed to pay Plaintiff's attorney's fees and costs. Plaintiff filed a Memorandum of Costs (the “MOC”) requesting $1,593.40 in costs. Defendants th...

Excerpt: ...spute over the ownership of real property (the “Property”). On September 9, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) quiet title; (2) constructive trust; (3) resulting trust; (4) breach of fiduciary duty; (5) unjust enrichment; (6) conversion; (7) fraud and deceit; (8) accounting; and (9) declaratory relief. Defendant was served by substitute service on September 24, 2021. On November 4, 2021, default was entered ...

Excerpt: ...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 On October 29, 2021, following a bench trial held on August 10, 2021, this Court entered judgment in favor of Plaintiff and awarded Plaintiff damages in the amount of $12,040. Upon finding in favor of Plaintiff on the second cause of action fo...

Excerpt: ...en filed and served at least nine days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This case arises out of alleged gender and sexual abuse that occurred while Plaintiff was incarcerated. Plaintiff's complaint (the “Complaint”), filed January 22, 2020, alleges: (1) negligence; (2) assault; (3) battery; (4) sexual battery; (5) gender violence; (6) violation of the Ralph Act; (7) violatio...

Excerpt: ...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) violation of the Rosenthal Fair Debt Collection Practices Act (the “Rosenthal Act”); and (2) violation of the California Consumer Credit R...

Excerpt: ...is case arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; (6) private nuisance; and (7) declaratory relief. Plaintiffs filed a motion for summary adjudication (the “Motion”...

Excerpt: ...iled by Plaintiff; and (2) a demurrer (the “Demurrer”) filed by Defendants. MOVING PARTY: (1) Plaintiff; (2) Defendants RESPONDING PARTY: (1) Defendants; (2) Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of a dispute between Plaintiff and Defendants, who own neighboring properties in Malibu, California, over the right to use certain portions of their respective properties. The curr...

Excerpt: ...Novelo (“Novelo”) (collectively, “Moving Plaintiffs”) RESPONDING PARTIES: Defendants Security National Commercial Capital, Inc. (“SNCC”) and Centaurus Financial Inc. (“Centaurus”)[1] The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, sub...

Excerpt: ...o Orduno (“Orduno”) (collectively, “Plaintiffs”) BACKGROUND This case arises out of an employee/employer relationship. Plaintiff Vargas was first employed by the Long Beach Police Department (“LBPD”) in approximately 1994 and Plaintiff Orduno was first employed by LBPD in approximately 1999. (Defendant's Separate Statement of Undisputed Material Facts (“UMF”) 1.) Plaintiffs' employment with the LBPD was terminated on May 23, 2017....

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: ...) (the “State” or the “Hospital”), Eunmee Lee and Maybel Manlagnit (“Defendants”) The Court has reviewed the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongdoing that occurred while Plaintiff was involuntarily hospitalized at a State-operated Hospital that resulted in Plaintiff's losing his property after his money was used to pay for the cost of his care. On January 10, 2022, this Court denied ...

Excerpt: ...Y: Plaintiff The Court has considered the moving, opposition and reply papers.[1] BACKGROUND This case arises out of alleged wrongdoing that occurred while Plaintiff lived with Moving Defendants and worked as their au pair. Plaintiff filed a complaint (the “Complaint”) on April 18, 2018. As of the date of this order, the remaining causes of action alleged in the Complaint are: (1) invasion of privacy; (2) violation of Civil Code section 1708;...

Excerpt: ...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 that Plaintiff faced disability discrimination and retaliation during her employment. The FAC alleges various Fair Employment and Housing Act (“FEHA”) violations. Moving Defendant filed a motion to compel the deposition of Plaintiff (the “Motion...

Excerpt: ...ROUND This is a lemon law action concerning an allegedly defective 2013 Chevrolet Captiva (the “Vehicle”). On April 7, 2021, Plaintiff and Defendant entered into a settlement agreement (the “Settlement”) proposed by Defendant pursuant to California Code of Civil Procedure (“CCP”) section 998. (Declaration of Shawn C. Halbert (“Halbert Decl.”) ¶ 22, Exhibit B.) Under the Settlement, Defendant agreed to: (1) pay Plaintiff $27,109.0...

Excerpt: ...as considered the moving and opposition papers. The Court has exercised its discretion and considered Defendants' opposition (the “Opposition”) despite its late filing. BACKGROUND Plaintiff's Complaint alleges: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) money had and received; (4) unjust enrichment; (5) fraud and deceit; (6) conversion; and (7) intentional infliction of emotional distress. On Februa...

Excerpt: ...t Lyft, Inc. (“Lyft”) (collectively, the “Parties”) Plaintiffs filed: (1) a motion to compel responses to special interrogatories, set one (“Plaintiffs' Set One Motion”); (2) a motion to compel responses to special interrogatories, set two (“Plaintiffs' Set Two Motion”); and (3) a motion to compel further responses to request for production, set three (“Plaintiffs' Set Three Motion”). Lyft filed: (1) a motion for order to depo...

Excerpt: ...reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”), filed June 4, 2020, alleges legal malpractice against Defendant. The Complaint alleges that Plaintiff owned real property (the “Property”) which was purchased on September 18, 2013. (Complaint ¶ 5.) On or about October 7, 2015, a first mortgage in the amount of $549,195 was recorded as a loan on the Property (the “First Mortgage”). (Complaint ¶ 5.) On or about Novembe...

Excerpt: ...ently operative first amended complaint (the “FAC”) alleges: (1) conversion; and (2) money had and received. The relevant allegations of the FAC are as follows. Plaintiff was married to Defendant's mother, Miki Gissell Adams (“Gissell”). Plaintiff and Gissell are divorced and in the final stages of their dissolution proceedings in Montana. (FAC ¶¶ 7-8.) Beginning in 2013, Gissell and Defendant formed a plan to take Plaintiff's money and...

Excerpt: ...ers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Petitioner filed an unopposed petition (the “Petition”) for an order confirming the award (the “Award”) issued on July 27, 2021 by David L. Gurley, who was appointed by the Labor Commissioner to preside over proceedings concerning a dispute over commissio...

Excerpt: ...D This action arises out of an employment relationship. Plaintiff's Complaint alleges: (1) racial discrimination in violation of FEHA; (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to maintain an environment free from discrimination, retaliation and harassment in violation of FEHA; (5) intentional infliction of emotional distress; and (6) wrongful termination in violation of public policy. On December 20, ...

Excerpt: ...is action arises out of the lease of an allegedly defective 2018 Kia Optima (the “Vehicle”). On December 6, 2021, this Court sustained Defendant's demurrer (the “Demurrer”) to the sixth cause of action for fraudulent concealment in Plaintiff's second amended complaint (the “SAC”) and granted Defendant's motion to strike (the “MTS”) portions of the SAC related to damages connected to the fraudulent concealment claim without leave t...

Excerpt: ...endants”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This case alleges violations of the Song-Beverly Act arising out of the sale of an allegedly defective 2013 Dodge Dart manufactured by FCA (the “Vehicle”). Plaintiffs' complaint (the “Complaint”) was filed on February 26, 2020 and alleges: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of 1793.2...

Excerpt: ...Los Angeles By-Products Co. (the “LABP Motion”); and 2) Defendant CalMat Co. (the “CalMat Motion”). The Court has considered the moving, opposition and reply papers. REQUESTS FOR JUDICIAL NOTICE The Court GRANTS Plaintiff's requests for judicial notice. The Court GRANTS Defendant's requests for judicial notice. EVIDENTIARY OBJECTIONS Defendant's objections to the evidence submitted by Plaintiff in support of the LABP Motion are OVERRULED ...

Excerpt: ...�Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has reviewed the moving, opposition and reply papers.[1] BACKGROUND This action arises out of a commercial leasehold (the “Lease”). On February 16, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (1) breach of commercial lease; and (2) breach of guaranty. On December 6, 2021, Moving Defendants filed a motion for leave to file a cross-complaint (the “Motion”). T...

Excerpt: ...tion and reply papers. BACKGROUND This action arises out of a dispute over the use of an easement (the “Easement”) owned by Plaintiff over a portion of real property (the “Property”) owned by Moving Defendants. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of easement agreement; (2) intentional interference with contract; (3) declaratory relief; and (4) injunctive relief. The relevant allegations are as follows. Third pa...

Excerpt: ... 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 Plaintiff's complaint (the “Complaint”) was filed on May 26, 2020 and alleges warranty breaches arising under the Song-Beverly Act and the Magnuson-Moss Warranty Act in connection to her purchase of an allegedly defective 2017 Lincol...

Excerpt: ...ONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the foreclosure of Plaintiffs' investment property located in Las Vegas, Nevada (the “Property”). Plaintiffs' currently operative second amended complaint (the “SAC”), filed on February 25, 2022, alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) b...

Excerpt: ...ndants Mark Nelson, Jessica Quetsch and Anthony Miller (collectively, “BMI”) The Court has considered the moving, opposition and reply papers. BACKGROUND DLF filed a motion (the “Motion”) seeking the disqualification of BMI's counsel, the law firm of Latham & Watkins LLP (“Latham”), based on its attorneys' conduct upon receiving inadvertently disclosed documents that DLF contends are protected by the attorney-client privilege and atto...

Excerpt: ...Costa”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an ongoing dispute concerning the trust of Harriet Schwartz (“Schwartz”) (the “Trust”). On August 4, 2021, Plaintiff, who is Schwartz's daughter, filed a complaint (the “Complaint”) alleging a cause of action for malicious prosecution against Moving Defenda...

Excerpt: ...tal (“Verdugo Hills”) (collectively, “Defendants”) The Court has considered the moving papers, opposition and reply papers. BACKGROUND This survivor action arises out of alleged misconduct that resulted in Decedent's death during his admission as a patient at Verdugo Hills. The complaint (the “Complaint”) alleges violations of the Elder Abuse and Dependent Adult Civil Protection Act (the “Elder Abuse Act”). The Complaint alleges t...

Excerpt: ...enjamin Landa (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiffs Emma Martin (“Ms. 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 t...

Excerpt: ...(the “SM”) (collectively, the “Motions”), both filed by Defendants. MOVING PARTY: Defendants RESPONDING PARTY: Plaintiffs The Court exercises its discretion and has considered the moving, opposition and reply papers, despite the arguments raised by Plaintiffs and Defendants (the “Parties”) regarding the propriety of service and the timeliness of the filings. In light of the Court's ruling on the MTC, the Parties' arguments concerning ...

Excerpt: ...fendant (the “DQ Motion”) MOVING PARTY: (1) Plaintiffs; (2) Defendant RESPONDING PARTY: (1) Defendant; (2) Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' Complaint in the instant action (the “Complaint”) was filed on November 16, 2021 and alleges a cause of action for declaratory relief arising out of a dispute over the payment of attorney's fees in the case entitled County of Los Angel...

Excerpt: ...BACKGROUND This action concerns an allegedly defective vehicle (the “Vehicle”) manufactured by MB and alleges warranty breaches under the Song-Beverly Act. Plaintiff filed a motion to compel further responses to the Request for Production of Documents (the “RFPs”) numbers 13-16 and 34-35 (the “Motion”) propounded on MB. DISCUSSION Unless otherwise limited by order of the court in accordance with this title, any party may obtain discov...

Excerpt: ...GROUND On October 29, 2021, following a bench trial held on August 10, 2021, this Court entered judgment in favor of Plaintiff and awarded Plaintiff damages in the amount of $12,040. On November 15, 2021, Plaintiff filed a Memorandum of Costs (the “MOC”) breaking down the costs she seeks to recover from Moving Defendant. The MOC claims total costs in the amount of $5,233.85. Moving Defendant filed a motion to tax the costs (the “Motion”) ...

Excerpt: ...F”) and Thomas Nariman (“Nariman”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of alleged wrongful conduct occurring while Plaintiff performed work for Defendants. The currently operative third amended complaint (the “TAC”) alleges: (1) constructive discharge in violation of public policy against all Moving Defendant...

Excerpt: ...ata”) and American Myanmar Buddhist Federation, Inc. (“AMBF”) 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 real property (the “Property”). The currently oper...

Excerpt: ... Center, Inc. (“All Souls”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over the ownership of real property (the “Property”). Plaintiffs filed a complaint (the “Complaint”) seeking: (1) specific performance; and (2) quiet title. Moving Defendant filed a demurrer (the “Demurrer”) to the Complaint on the grounds that: (1) the Complaint fails to allege facts suffici...

Excerpt: ...L. Brown (“Mr. Brown”) and Jacqueline R. Johnson The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an allegedly wrongful foreclosure sale. The currently operative first amended complaint (the “FAC”) alleges: (1) quiet title; (2) cancellation of instrument; (3) declaratory relief; (4) wrongful disclosure; (5) intentional infliction of emotional distress; and (6) negligent infliction of e...

Excerpt: ...moving papers, opposition and reply papers. BACKGROUND This action arises out of a dispute concerning the ownership of real property. Plaintiff filed a motion to compel responses to Special Interrogatories, Set One (the “Special Interrogatories”) (the “Motion”). DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2030.290, subdivision (b), when a party directs interrogatories towards a party and that party fails to ser...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND . Plaintiff's complaint (the “Complaint”) alleges various warranty breaches under the Song-Beverly Act arising from the lease of an allegedly defective 2020 Mercedes-Benz C43A4 (the “Vehicle”) that was manufactured by Moving Defendant. Moving Defendant filed a motion to compel arbitration and stay the proceedings pending the conclusion of arbitration (the “Motion”) on the grounds tha...

Excerpt: ...ndant Don Lee Farms (“DLF”) and Cross-Defendants Donald Goodman, Daniel Goodman and Brand Goodman [1] The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of the alleged breach of an exclusive supply agreement. On September 30, 2021, this Court partially granted a motion to disqualify (the “DQ Motion”) filed by BMI and ordered that Dr. Donald Zink (“Dr. Zink”) be disqualified as an expert w...

Excerpt: ...s. No reply papers were filed. Any reply papers were required to have been filed and served within five days of the hearing pursuant to California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND Plaintiffs are the judgment creditors in the case styled as Loekman, et al. v. Lin, et al., LASC Case No. BC642994, in which Plaintiffs obtained a favorable judgment against Defendants David Ku Fang Lin (“Lin”), Edmond Ha...

Excerpt: ...ave been filed and served at least nine days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This case arises out of alleged gender and sexual abuse that occurred while Plaintiff was incarcerated. Plaintiff's complaint (the “Complaint”), filed January 22, 2020 alleges: (1) negligence; (2) assault; (3) battery; (4) sexual battery; (5) gender violence; (6) violation of the Ralph Act; (7) vio...

Excerpt: ...err (“Reuven”), Yvonne Sherr (“Yvonne”), Ronald Sherr (“Ronald”) and Nicholas Pirrung (“Pirrung”) (collectively, “Moving Defendants”)[1] RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged employment relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) fraud; (2) breach of written contract; (3) retali...

Excerpt: ... Court has considered the moving, opposition and reply papers. This action arises out of a transaction which Plaintiffs allege constituted a de facto merger between Defendant and the law firm Dickstein Shapiro LLP. Plaintiffs' complaint (the “Complaint”) alleges: (1) declaratory relief; and (2) breach of contract. On January 15, 2019, this Court ordered that the second cause of action be adjudicated in binding arbitration pursuant to an arbit...

Excerpt: ...KGROUND This action arises out of the lease of an allegedly defective 2017 Ford C-Max vehicle (the “Vehicle”). Plaintiff's complaint (the “Complaint”) alleges causes of action arising under the Song-Beverly Act (the “SBA”). Plaintiff filed a motion to compel (the “Motion”) further responses to its requests for production of documents, set one (the “RFPs”). MEET AND CONFER The Court finds that the meet and confer requirement ha...

Excerpt: ...urt has considered the moving, opposition and reply papers. BACKGROUND This action arises out of Plaintiff's tenancy at real property owned by Defendants (the “Property”). Plaintiff initiated this action on July 6, 2020. The currently operative first amended complaint (the “FAC”) filed on June 4, 2021 alleges: (1) nuisance; (2) breach of the covenant of quiet enjoyment; (3) unlawful influence of a tenant to vacate pursuant to Civil Code s...

Excerpt: ...ng, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2017 Chevrolet Bolt EV vehicle (the “Vehicle”). On October 19, 2021, Plaintiff filed a complaint (the “Complaint”) alleging: (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) breach of express wri...

Excerpt: ...The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the purchase of an allegedly defective 2020 Honda Odyssey vehicle (the “Vehicle”). The currently operative second amended complaint (the “SAC”) 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); ...

Excerpt: ...Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of the lease of an allegedly defective 2019 Honda Pilot vehicle (the “Vehicle”). The currently operative second amended complaint (the “SAC”) 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) breac...

Excerpt: ...ute over the status of the tenancies in a four-unit apartment building located at 336-338 North Ogden Drive, Los Angeles, CA 90036 (the “Property”). The currently operative second amended complaint (the “SAC”) alleges: (1) violation of Civil Code section 789.3; (2) forcible entry and detainer; (3) wrongful eviction; and (4) violation of the Los Angeles Rent Stabilization Ordinance. On November 5, 2021, this Court denied Defendants' motion...

Excerpt: ... BACKGROUND This case arises out of a dispute over the payment of attorney's fees in the case styled as County of Los Angeles v. Villanueva et al., LASC Case No.19STCP00630 (the “Mandoyan matter”). The Mandoyan matter concerned actions taken by Los Angeles County Sheriff Alex Villanueva (“Sheriff Villanueva” to reinstate former Deputy Sheriff Caren Carl Mandoyan (“Mandoyan”). Plaintiffs' Complaint (the “Complaint”) was filed on No...

Excerpt: ...ndant Sahibzada Aasim Akhtar (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on February 17, 2017. The currently operative third amended complaint (the “TAC”) alleges: (1) quiet title; (2) slander of title; (3) breach of fiduciary duty; (4) intentional interference with contractual relations; (5) accounting; and (6) conversion. Plaintiff filed a motion to bifurcate (the ...

Excerpt: ...aintiff The Court has reviewed the moving, opposition and reply papers.[1] BACKGROUND This action arises out of a dispute concerning the ownership of real property (the “Property”). Plaintiff's Complaint (the “Complaint”) alleges: (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 infliction of emotional distress. ...

Excerpt: ... Region (“DOC”); Bruce Indermill (“Indermill”); Branden Hendricks (“Hendricks”); Lorenzo Johnson (“Johnson”); R&R Remodeling, Inc. (“R&R”); and Rafael Adan Ayala Martinez (“Martinez”) (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Tamu Blackwell The Court has considered the moving, opposition and reply papers. Plaintiff's opposition papers (collectively, the “Oppositions”) are not in compliance wit...

Excerpt: ...IES: Defendants Centaurus Financial, Inc. (“Centaurus”), Security National Commercial Capital, Inc. (“SNCC”) and Ivan Halaj Trust (“HT”) RESPONDING PARTY: Plaintiffs The Court has considered 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 first amended complaint (the “FA...

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

Excerpt: ...rises out of an alleged 2016 transaction (the “Agreement”) between Defendant and Dickstein Shapiro LLP (“Dickstein”) which Plaintiffs allege constituted a de facto merger between the two law firms. Plaintiffs' complaint (the “Complaint”) alleges: (1) declaratory relief; and (2) breach of contract. On January 15, 2019, this Court ordered that the second cause of action be adjudicated in binding arbitration (the “Arbitration”). Duri...

Excerpt: ...re 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 Plaintiff's first amended complaint (the “FAC”), filed on July 7, 2021, alleges defamation against Defendant. On September 29, 2021, this Court granted Defendant's motion to strike the FAC pursuant to CCP section 425.16 (the “Anti-SLAPP Motion”). Defendant file...

Excerpt: ...ly papers. BACKGROUND This action arises out of the lease of an allegedly defective 2018 Ford F-150 (the “Vehicle”). The currently operative first amended complaint (the “FAC”) alleges various violations of the Song-Beverly Act and fraud by omission. The FAC alleges that on or about September 15, 2018, Plaintiff leased the Vehicle from an unnamed seller (the “Dealer”). (FAC ¶ 9.) The Vehicle came with various warranties. (FAC ¶ 10.)...

Excerpt: ... Inc. The Court has considered the moving, opposition and reply papers.[1] BACKGROUND This action arises out of an alleged employment relationship. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of undivided loyalty; (2) intentional interference with contractual relations; (3) intentional interference with prospective economic relations; (4) negligent interference with prospective economic relations; (5) negl...

Excerpt: ...CKGROUND This action alleges arises out of an allegedly defective 2014 Jeep Cherokee (the “Vehicle”). Plaintiffs' complaint (the “Complaint”) alleges: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (d); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud;...

Excerpt: ...s City Manager (“Makshanoff”) (the “City Demurrer”); and (2) Real Party in Interest, Regency Outdoor Advertising, Inc. (“Regency”) (the “Regency Demurrer”) RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers.[1] BACKGROUND The currently operative fifth amended complaint (the “5AC”) alleges claims for: (1) declaratory and injunctive relief; (2) writ of mandate; (3) declaratory relief, i...

Excerpt: ...Anderson The Court has considered the moving, opposition and reply papers.[1] BACKGROUND This action arises out of alleged injuries Plaintiff sustained after being exposed to mold in his residence (the “Property”). The currently operative fourth amended complaint (the “FAC”) 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...

Excerpt: ...PONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) disability discrimination in violation of FEHA; (2) disability-based associational discrimination in violation of FEHA; (3) failure to accommodate in violation of FEHA; (4) failure to engage in interactive process in violation of FEHA; (5)...

Excerpt: ...ACKGROUND This action arises out of an employment relationship. Plaintiff's Complaint alleges: (1) racial discrimination in violation of FEHA; (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to maintain an environment free from discrimination, retaliation and harassment in violation of FEHA; (5) intentional infliction of emotional distress; and (6) wrongful termination in violation of public policy. Plaintif...

Excerpt: ...��) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongful conduct regarding the installation of solar panels on the roof of Plaintiff's property (the “Property”). Plaintiff initiated this action on September 30, 2020 and is set for trial on April 4, 2022 – less than six weeks from the date of the hearing on this motion. The complaint (the “Complaint”) alleges: (1) breach ...

Excerpt: ...ND This action arises out of the lease of an allegedly defective 2018 Ford F-150 vehicle (the “Vehicle”). The currently operative first amended complaint (the “FAC”) alleges warranty breaches under the Song-Beverly Act. Plaintiff filed a motion to compel further responses to its request for production of documents, set one (the “Motion”) issued to FMC. MEET AND CONFER The Court finds that the meet and confer requirement has been met. ...

Excerpt: ...ction, Inc., Travelers Casualty and Surety Company of America, Fidelity and Deposit Company of Maryland, St. Paul Fire and Marine Insurance Company, and Colonial American Casualty and Surety Company (collectively, “Opposing Defendants”) The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's first amended complaint (the “FAC”) alleges: (1) breach of contract against Crump; (2) goods and services rendered ...

Excerpt: ...BACKGROUND This action arises out of an employment relationship. The currently operative second amended complaint (the “SAC”) alleges that Taylor sexually assaulted Plaintiff and states causes of action related to sexual assault in the workplace. Plaintiff filed a motion to compel the deposition of Taylor and production of documents (the “Motion”). The Motion also seeks terminating, evidentiary and/or monetary sanctions against Taylor and...

Excerpt: ...red 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 On December 7, 2021, following a bench trial, this Court entered judgment in favor of Defendant. On November 16, 2021, Defendant filed a Memorandum of Costs (the “MOC”) breaking down the fees and costs it seeks to recover from Plaintiff. The MOC claims total costs in the a...

Excerpt: ...y Kyler Anderson The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of injuries Plaintiff sustained after allegedly being exposed to mold in his residence located at 725 South Hindry Avenue Apartment 333, Inglewood, California 90301 (the “Property”). On October 12, 2021, Moving Defendant filed a motion to compel Plaintiff to serve a proper statement of damages (the “Motion”) and seeking mon...

Excerpt: ...ONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an allegedly defective 2015 Land Rover Range Rover (the “Vehicle”) manufactured by Defendant, purchased by Plaintiff. Plaintiff's complaint (the “Complaint”) alleges warranty breaches under the Song-Beverly Act. The sales contract (the “Contract”) Plaintiff signed when purchasing the Vehicle contains an arbitr...

Excerpt: ...This case arises out of alleged wrongful conduct that prevented Plaintiffs from completing a short sale of real property (the “Property”). The currently operative first amended complaint (the “FAC”) alleges: (1) tortious interference with contractual relations; (2) intentional interference with prospective economic advantage; (3) promissory estoppel; (4) breach of contract; (5) injunctive relief; (6) specific performance; and (7) declarat...

Excerpt: ... RESPONDING PARTY: Plaintiffs The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongful conduct during a landlord/tenant relationship at a property (the “Property”) leased to Plaintiffs by Moving Defendants. On November 2, 2021, Plaintiffs served subpoenas (the “Subpoenas”) on three nonparty witnesses: (1) General Star Management Company; (2) Nahai Insurance Services; and (3) A...

Excerpt: ... and Sang Woo Lee (“Lee”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongful conduct during the sale of a restaurant business (the “Restaurant”). Plaintiffs' second amended complaint (the “SAC”) alleges: (1) breach of written contract; (2) fraud (3) negligent misrepresentation; (4) conspiracy to defraud; and (5) professional negligenc...

Excerpt: ...tion and reply papers. BACKGROUND Plaintiff's complaint (the “Complaint”), filed on May 12, 2020, alleges breaches of express and implied warranties under the Song-Beverly Consumer Warranty Act (the “Act”) concerning a 2016 Chevy Suburban (the “Vehicle”). On September 14, 2021, Plaintiff accepted GM's settlement offer (the “Settlement”). (Declaration of Thomas K. Ledbetter (“Ledbetter Decl.”) ¶2, Exhibit 1.) The Settlement id...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND This is a lemon law action concerning an allegedly defective Kia Optima (the “Vehicle”). On October 27, 2020, Plaintiff filed a complaint (the “Complaint”) alleging: (1) violation of the Song-Beverly Consumer Warranty Act (the “Act”); (2) breach of implied warranty of merchantability; (3) negligent repair; and (4) misrepresentation. On August 23, 2021, Plaintiff and Kia (the “Parti...

Excerpt: ...ction arises out of a dispute over a promissory note (the “Note”) that Moving Defendant allegedly executed in favor of Plaintiff's assignor, Soon Kyong Kong (“Kong”). The complaint (the “Complaint”) alleges: (1) breach of contract; and (2) declaratory relief. The Complaint alleges that on or about March 8, 1995, an agreement (the “Agreement”) was entered into by Defendant Good Nite Inn, Inc. (“Good Nite”), Moving Defendant, Ko...

Excerpt: ...e moving, opposition and reply papers. BACKGROUND This case arises out of an employment relationship between Plaintiff and Moving Defendant. Plaintiff has dismissed all claims alleged against Moving Defendant in the first amended complaint (the “FAC”) except for the fifth cause of action seeking penalties for Labor Code violations under the Private Attorney General Act (“PAGA”). On December 30, 2020, Plaintiff filed a PAGA claim notice wi...

Excerpt: ...ble Trust dated July 21, 2008 (the “Trust”), Casa Theodore, Inc. (“CTI”) and Cecelia Theodore (erroneously sued as Cecelia Funk) (“Cecelia”)[1] RESPONDING PARTY: Plaintiff Kyle Madison, as an individual and as an assignee of Marjan Madison This order concerns: (1) a demurrer filed by Michael, the Trust and CTI (collectively, the “Theodore Defendants”) (the “MT Demurrer”); (2) a demurrer filed by Cecelia (the “CT Demurrer”)...

Excerpt: ...ition and reply papers. [1] BACKGROUND Moving Defendant filed a motion for an order deeming the Requests for Admissions, Set One (the “RFAs”) it served on Plaintiff to be admitted (the “Motion”). The Motion also seeks monetary sanctions against Plaintiff and counsel in the amount of $1,310. DISCUSSION Under California Code of Civil Procedure (“CCP”) section 2033.280, subdivision (a), where requests for admission are propounded on a pa...

Excerpt: ...a motion to disqualify counsel (the “DQ Motion”). MOVING PARTIES 1. Arbitration Motion: Defendant Herman Shamalta (“Shamalta”) 2. DQ Motion: Plaintiff Monica Barkley (“Plaintiff”) RESPONDING PARTIES: 1. Arbitration Motion: Plaintiff 2. DQ Motion: Shamalta The Court has reviewed the moving, opposition and reply papers. BACKGROUND This case arises out of an alleged breach of a partnership agreement (the “Agreement”) concerning real ...

Excerpt: ... Rene Engel The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged wrongful conduct associated with a homeowner's insurance policy (the “Policy”) issued by Moving Defendant to Plaintiff. Plaintiff's complaint (the “Complaint”) alleges: (1) breach of the covenant of good faith and fair dealing; (2) bad faith breach of the contractual duty to pay a covered claim; and (3) financial elde...

Excerpt: ... Court has considered the moving, opposition and reply papers. BACKGROUND On February 8, 2021, Plaintiff filed a representative action under the Private Attorney General Act (“PAGA”) on behalf of himself and other aggrieved employees of Defendant. Plaintiff's complaint (the “Complaint”) alleges: (1) civil penalties under Labor Code section 210; (2) civil penalties under Labor Code section 226.3; (3) violation of Labor Code section 558; (4...

Excerpt: ...�Motion”) and a demurrer (the “Demurrer”). MOVING PARTIES: 1. Motion: Plaintiff 2. Demurrer: Defendants State of California (erroneously sued as Metropolitan State Hospital) (the “State”), Eunmee Lee and Maybel Manlagnit (“Defendants”) RESPONDING PARTIES: 1. Motion: Defendants 2. Demurrer: Plaintiff The Court has considered the moving, opposition and reply papers. [1] REQUEST FOR JUDICIAL NOTICE Moving Defendant's and Plaintiff's Re...