Excerpt: ...the moving, opposition and reply papers. BACKGROUND On February 21, 2023, Plaintiff filed a complaint (the “Complaint”) alleging reckless disregard of published procedures. In relevant part, the Complaint alleges: Plaintiff is the successor in interest to a California nonprofit called California Palm and Cyad Cooperative Inc. (“CPCCI”). (Complaint ¶ 1.) On various dates up to and including May 16, 2022, Juan M. Reyes (“Reyes”), an em...

Excerpt: ...tion Bar Group: LLC C'EBG') RESPONDING PARTY: Defendant in 20STCV33773 and Defendant in 20STCV35819 Daniel Salin ("Salin") The Coun has considered the moving, opposition and reply pape:rs_ BACKGROUND This action arises out of two consolidated cases regarding a dispute over the management and control ofa bar located in dountou.n Los Angeles. EBG's operative first amended complaint in 20STCV33773 (the 'TAC") alleges: (1) comersion; (2) breach of fi...

Excerpt: ...e"), and Drake Kennedy ("Drake") (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 involving the ownership and management of billboards. The currently operative fifth amended complaint (the "SAC") alleges: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) brea...

Excerpt: ...CKGROUND Plaintiffs complaint (the "Complaint") alleges causes of action that arise out of an employment relationship. This matter originally went to trial on October 24, 2022, but on Nowember 7 2022, the Court declared a mistrial after jurors were unable to continue participating in the proceedings. On March 9, 2023 Plaintiff filed a motion to disqualiö,• Defendant's counsel Ogletree, Deakins, Nash, Smoak & Stewart, PC ("0g1etree¯) as counse...

Excerpt: ...tion and reply papers. BACKGROUND This action arises from alleged defects in a vehicle (the "Vehicle") manufactured by Moving Defendant. Plaintiffs complaint (the "Complaint") 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) breach of the implied warranty of merchantability; and (5) fraudulent induc...

Excerpt: ...ers. BACKGROUND The currently operative first amended complaint (the "FACE) alleges. (1) breach of contract (count 1), (2) breach of contract (count 2); (3) breach of fiduciary duty, (4) breach of guaranty; (5) conversion; (6) negligent misrepresentation, (7) fraud and concealment; and (8) civil theft _ On April 14, 2023 Plaintiff filed a motion for sanctions (the "Motion") pursuant to Califomia Code of Civil Procedure ("CCP") sections 2023.1010,...

Excerpt: ...apers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure section 1005 subdivision (b) BACKGROUND On January 4, 2023 Plaintiff Brivers LAX Snak Trak Vending ("Brivers" or ' 'Plaintiff') filed a complaint (the "Complaint") alleging: (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) i...

Excerpt: ...rello ("Luparello") The Coun has considered the moving, opposition and reply papers. [1] BACKGROUND On April 12, 2018, Plaintiff filed a complaint in eminent domain (the ' 'Complaint"). On April 3: 2023: the Coun entered a Final Judgment in Condemnation (the "Judgment'). On April 18, 2023, Moving Defendant filed a motion for withdrawal following entry of judgment (the ' 'Motion). The Motion requests that the Coun permit Moving Defendant to withdr...

Excerpt: ... opposition papers were required to have been filed and served at least 14 days before the hearing under Califomia Code of Civil Procedure ("CCP") section 437c: subdivision (b)(2) BACKGROUND This action arises out of the alleged breach of a service contract. Plaintiff s complaint (the ' 'Complaint") alleges _ (1) breach of contract; and (2) common count: goods and services rendered _ Plaintiff filed a motion for summary judgment or adjudication (...

Excerpt: ...rs. BACKGROUND This action arises out ofan employment relationship. Plamtiffs complaint (the "Complaint') alleges: (1) common law and statutory fraud and deceit; (2) promissory estoppel; (3) negligent misrepresentation; and (4) wrongful termination in violation of public policy. In relevant part the Complaint alleges: Plaintiff worked for Moving Defendant as a project manager betw•een August 2, 2021 through February 23, 2022. (Complaint 6.) Mov...

Excerpt: ...ing papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out ofa property development project On May 3, 2023, Alter filed an application for detennination of good faith settlement (the ' 'Application") on the grounds that it has agreed to settle...

Excerpt: ...rata, O.D.; Harold l. Katzman, M.D.; LA. Eye Realty Company, LLC (collectively, "Moving Defendants") RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. On May 3, 2023, Plaintniff filed a supplemental opposition declaration. The Court finds that this filing constitutes a surreply which is not expressly authorized under California Code of Civil Procedure ("CCP") or California Rules of Court ("CRC"). (See C...

Excerpt: ...his action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in the North Hollywood area of Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint) alleges: (1) public nuisance; and (2) unfair competition. On April 17, 2023, Plaintiff filed a motion to compel åL1ther responses to Special Interrogatories, Set One ("SPROGs") that it propounded on Defendant Swaranjit S. Nijjar ('Nl...

Excerpt: ...apers. BACKGROUND This action arises out of the sale of atl allegedly defective vehicle (the "Vehicle") that was manufactured by Defendant. The currently operative first amended complaint (the "FACE) 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); and (4) breach of the implied warranty of merchantabili...

Excerpt: ... days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On December 30, 2019, Plaintiff filed a complaint (the "Complaint') alleging: (1) breach of written promissory note; (2) common count-money lent; (3) common count- money paid, laid out and expended; (4) breach of personal guaranty; (5) false promise; (6) intentional misrepresentation; (7) negligent misrepresentation; (8) aiding and ...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in the North Hollywood area of Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint"): filed on February 15: 2022: alleges: (1) public nuisance; and (2) unfair competition. Krekorian filed a motion to quash the deposition subpoena (the ' 'Subpoena") for persona...

Excerpt: ...ed 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 Califomia Code of Civil Procedure ('CCCP) section 1005, subdivision BACKGROUND This action (the "Cindell Action") arose out of a dispute an encroachment onto real property located in Los Angeles County (the "Cindell Property"). Plaintiffs' complaint (the ' 'Complaint") alle...

Excerpt: ...Bank N.A. (collectively, "Wells Fargo") The Court has reviewed the movmg and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On May 13, 2022, Plaintiff filed a complaint (the "Complaint') allegmg: (1) accounting; and (2) general negligence. On September 28...

Excerpt: ...he "City" or "Pomona") RESPONDING PARTY: Defendant/Cross-Complainant/Cross-Defendant Real Party in Interest Regency Outdoor Advertising, Inc. ("Regency") The Court has considered the moving, opposition and reply papers. BACKGROUND This action concerns billboard structures (the "Billboards") located in Pomona that are operated by Regency. On November 17, 2022, Regency filed a cross-complaint (the "XC") alleging Ävo causes of action for declarator...

Excerpt: ...ered the moving, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activity at an apartment complex located in the North Hollywood area of Ins Angeles (the ' 'Property). Plaintiffs complaint (the "Complaint"): filed on February 15: 2022: alleges: (1) public nuisance; and (2) unfair competition. Krekorian filed a motion to quash the deposition subpoena (the ' 'Subpoena") for persona...

Excerpt: ... and reply pape:rs_ BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle"). Plaintiffs' complaint (the "Complaint') alleges: (1) violation of Song-Beverly Act (breach of express warranty); (2) violation of Song-Beverly Act (breach of implied warranty); and (3) negligent repair. On March 1 2023 Plaintiffs filed: (1) a motion to enforce settlement (the "Settlement Motion"); and (2) a motion for sanctions...

Excerpt: ...roup IX"), Group BP Properties, lnc„ Pama Management, Inc., Golden Management Services Inc„ Swaranjlt S. Ni]jar, and Daljit K. Kler (collectively, "Moving Defendants") RESPONDING PARTY: Plaintiff The Court has reviewed the movmg, opposition and reply papers. BACKGROUND This action arises out of an alleged public nuisance caused by gang-related activi5r at an apartment complex located in the North Hol ywood area of Los Angeles (the "Property")...

Excerpt: ...ion papers were required to have been filed and served at least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND The currently operative first amended complaint (the "FACE) alleges. (1) breach of contract (count 1), (2) breach of contract (count 2); (3) breach of fiduciary duty; (4) breach of guaranty; (5) conversion; (6) negligent misrepresentation, and (7) fraud and conce...

Excerpt: ...artment: and Los Angeles County Sheriff Alex Villanueva ("Villanueva" or the "Sheriff') (collectively, "Plaintiffs") RESPONDING PARTY: Defendant The Coun has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the "Complaint") alleges a cause of action for declaratory relief. In relevant part, the Complaint seeks a declaration that a retainer agreement (the "Agreement') between Villanueva and Defendant, for Defen...

Excerpt: ...rs. BACKGROUND On August 22: 2022: Plaintiff filed a complaint (the "Complaint") alleging: (1) violation of Civil Code sections 51 and 52; (2) violation of Civil Code section 46, (3) intentional infliction of emotional distress; (4) breach of contract; (5) breach of implied covenant of good faith and fair dealing; and (6) malicious prosecution. On September 28, 2022: Moving Defendant filed a special motion to strike the malicious prosecution caus...

Excerpt: ...intiffs Dr. Payam Vahedifar ("Mr. Vahedlfar%) and Shadi Vahedifar ('Ms. Vahedifar") (collectively, "Plaintiffs") The Coun has considered the moving, opposition and reply papers. BACKGROUND This action arises out ofa landlord/tenant relationship. Plaintiffs' complaint (the ' 'Complaint") alleges: (1) violation of Civil Code section 1950 5; (2) statutory fraud or deceit and common law fraud; (3) intentional misrepresentation; (4) negligent misrepre...

Excerpt: ...least nine coun days before the hearing under Califomia Code of Civil Procedure ("CCP") section 1005, subdivision (b) BACKGROUND This action arises out of an employment relationship. Plaintiff s complaint (the ' 'Complaint") alleging: (1) retaliation pursuant to Labor Code section 1102.5; (2) retaliation pursuant in violation of Labor Code section 6310; (3) common law assault; (4) common law battery; (5) negligent hiring, supervision, or retentio...

Excerpt: ...idered the moving, opposition and reply papers. BACKGROUND This action arises out of the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Moving Defendant Plaintiffs' complaint (the "Complaint') alleges five causes of action for violations of the Song-Beverly Act and a sixth cause of action for fraud by omission. In relevant part, the Complaint alleges that Moving Defendant knew but failed to inform Plaintiffs that the V...

Excerpt: ... (collectively: "Defendants") The Coun has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs complaint (the "Complaint") alleges: (1) breach of duty of loyalty; (2) aiding and abetting breach of duty of loyalty, (3) breach of contract/covenant of good faith and fair dealing; (4) interference with prospective economic advantage; (5) misappropriation of trade secrets; and (6) unfair competition. Plaintiff filed four motions ...

Excerpt: ...sition and reply papers. BACKGROUND On January 5 2023 the Court partially granted Defendant' s motion to compel arbitration (the "Arbitration Motion") and ordered Plaintiff s individual PAGA claims be sent to arbitration pursuant to a binding arbitration agreement (the "Agreement"). The Court stayed the representative PAGA claims pending the Califomia Supreme Court's decision in Adolph v. Uber Technologies, Case No. S27467 On April 3 2023 Plainti...

Excerpt: ...the moving, opposition and reply papers. BACKGROUND On November 20, 2020, Plaintiff filed a complaint (the "Complaint") alleging nine causes of action that arise out of an employment relationship. On March 28, 2023, Plaintiff filed a motion for leave to file an amended complaint (the "Motion"). The Motion requests leave to file a first amended complaint (the "FACO that includes a tenth cause of action for violations of the Califomia Family Rights...

Excerpt: ...e filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND Plamtiffs complaint (the "Complaint') alleges: (1) violations of the Unruh Civil Rights Act (the "Unruh Act"); and (2) violations of the California Disabled Persons Act (the "CDPA"). In relevant part the Complaint alleges: On August 4, 2022, Plai...

Excerpt: ...iffs BACKGROUND This action arises out ofa landlord/tenant relationship. On November 17, 2020, the Court sustained Movmg Defendants' demurrer (the "Demurrer") to Plaintiffs' second amended complaint (the "SAC") without leave to amend and dismissing Moving Defendants from the action.[l] On March 13, 2023, Moving Defendants filed a motion for attornevs fees (the "Motion") on the grounds that they are entitled to recover reasonable attorneys fees as...

Excerpt: ...ed the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed unthin five court days of the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b) .[1] 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 compensa...

Excerpt: ...atement of a public nuisance on real property (the ' 'Property") owned by Plaintiff. The currently operative second amended complaint (the "SAC") alleges: (1) declaratory relief; (2) breach of contract — Development Agreement, (3) breach of implied covenant of good faith and fair dealing — Development Agreement; (4) breach of contract — Settlement Agreement; (5) breach of implied covenant of good faith and fair dealing- Settlement Agreement...

Excerpt: ...tiffs The Court has reviewed the movmg, opposition and reply papers. BACKGROUND This action arises out of the alleged breach ofa contractual relationship. On April 2, 2021, Plamtiffs filed a complaint (the "Complaint") alleging: (1) breach of contract; and (2) unfair competition. On February 17, 2023, Moving Defendant filed a motion for leave to file a cross-complaint (the "Motion"). Moving Defendant seeks to file a cross-complaint (the proposed ...

Excerpt: ... reply papers. BACKGROUND The currently operative first amended complaint (the “FAC”) alleges: (1) breach of promissory note; (2) breach of oral contract; and (3) conversion. On February 17, 2023, Moving Defendants filed a motion for judgment on the pleadings (the “Motion”) on the grounds that Plaintiff is not the real party in interest and therefore lacks standing to prosecute this action. REQUEST FOR JUDICIAL NOTICE The Requests for Jud...

Excerpt: ...Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of a dispute over real property (the "Property"). Plamtiffs complaint (the "Complaint") alleges: (1) breach of contract; (2) fraud and deceit— intentional misrepresentation; (3) fraud and deceit— negligent misrepresentation; (4) fraud and deceit— promise made without intention to perform; (5) cancellation of instrument; and (6) decl...

Excerpt: ...e, Inc. (“CTI”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND The currently operative fourth amended complaint (the “4AC”) alleges: (1) statutory voidable transfers; and (2) common law voidable transfers. On March 14, 2023, Plaintiff filed: (1) a motion for sanctions (the “Sanctions Motion”); and (2) a motion to continue the trial date (the “Trial Motion”).[1] MOTION ...

Excerpt: ...GROUND Plaintiffs' complaint (the “Complaint”) alleges violations of the Song-Beverly Act that arise out of the purchase of an allegedly defective vehicle manufactured by Defendant. On February 23, 2023, Plaintiffs filed a motion for relief from waiver of objections (the “Motion”) on the grounds that their failure to submit timely responses to Defendant's discovery requests was due to mistake, inadvertence, or excusable neglect. DISCUSSIO...

Excerpt: ...apers 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 July 20, 2022, the Court dismissed Plaintiffs' first amended complaint (the “FAC”) against Defendant ZBS Law, LLP (“ZBS”) due to Plaintiffs' failure to file a declaration as to why ZBS should not be dismissed. On January 19, 2023, Plaintiffs filed a ...

Excerpt: ...) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) jury service retaliation; (2) disability harassment; (3) disability discrimination; (4) disability retaliation; (5) failure to engage in the interactive process; (6) failure to accommodate; (7) failure to timely pay wages; (8) failu...

Excerpt: ...��) RESPONDING PARTY: Plaintiff The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) jury service retaliation; (2) disability harassment; (3) disability discrimination; (4) disability retaliation; (5) failure to engage in the interactive process; (6) failure to accommodate; (7) failure to timely pay wages; (8) fai...

Excerpt: ...) (collectively, “Defendants”) [1] The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed: a motion to compel Defendants' depositions (the “Deposition Motion”) a motion to compel Rayan's further responses to Requests for Production (“RFP”), Set 2 (the “RFP Motion”); and three motions to compel Defendants' further responses to Form Interrogatories, Set 2 (collectively, the “FROG Motions”) (...

Excerpt: ... LLC (“HA” or “Plaintiff”) and Cross-Defendant Denley Investment & Management Company, Inc. (“Denley”) RESPONDING PARTY: Defendants/Cross-Complainants Museum of Selfies, Inc. (“MOS”) and Azariy Lapidus (“Lapidus”) (collectively, “Defendants”) The Court has considered the moving, opposition and reply papers. BACKGROUND This case arises out of a commercial landlord/tenant relationship. Plaintiff's Complaint (the “Complaint...

Excerpt: ...ers. BACKGROUND Plaintiff's complaint (the “Complaint”) alleges causes of action that arise out of an employment relationship. Although this matter originally went to trial on October 24, 2022, the Court declared a mistrial on November 7, 2022, after several jurors were unable to continue serving as jurors. On March 9, 2023, Plaintiff filed a motion to disqualify Defendant's counsel Ogletree, Deakins, Nash, Smoak & Stewart, PC (“Ogletree”...

Excerpt: ...go Bank N.A. (collectively, "Wells Fargo") The Court has reviewed the movmg and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and sewed at least five court days before the hearing under California Code of Civil Procedure ("CCP") section 1005, subdivision (b). BACKGROUND On May 13, 2022, Plaintiff filed a complaint (the "Complaint') allegmg: (1) accounting; and (2) general negligence. On September...

Excerpt: ...arises out of an attorney-client relationship. On August 30: 2022: Plaintiff filed a complaint (the "Complaint") alleging: (1) legal malpractice, (2) breach of contract; and (3) breach of fiduciary duty In relevant part: the Complaint alleges: On August 24, 2018, Plaintiff entered into a written retainer agreement (the "First Retainer") for the purpose of having Moving Defendant and his law firm represent Plaintiff during the preparation of a pre...

Excerpt: ...A. Vaughn ("Plaintiff' or 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 Califomia Code of Civil Procedure ('CCCP) section 1005, subdivision BACKGROUND This action arises out of a dispute over the sale of real property (the "Property") that was held in a trust. The currently operative second amende...

Excerpt: ... BACKGROUND Plaintiffs' complaint (the ' 'Complaint") alleges causes of action arising from the purchase of an allegedly defective vehicle (the "Vehicle") manufactured by Defendant On February 10, 2023, Plaintiffs filed a motion to compel further responses to the Requests for Production ("RFPs"), Set One that were seroed on Defendant (the ' 'Motion). DISCUSSION Meet and Confer As an initial matter, the Coun finds that the meet and confer requirem...