Excerpt: ...fendants Western Christian School, Shauna Attwood, Michelle Browning, and Greg Saugstad (collectively, “Defendants”) on April 17, 2015. A First Amended Complaint was filed on December 3, 2015, asserting causes of action for (1) disability discrimination in violation of FEHA, (2) retaliation in violation of FEHA, (3) race/ancestry/national origin discrimination in violation of FEHA, (4) harassment in violation of FEHA, (5) retaliation in viola...

Excerpt: ...N Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”). The claims arise from alleged breaches of a series of agreements between the parties for the development, manufacture, and sale of coffee brewing machines. Plaintiff alleges Defendants accepted the coffee brewing machines for further distribution, but failed to pay for shipments of the machines. Th...

Excerpt: ...LLC (“Rolls-Royce”) on February 13, 2018. The action arises from Plaintiff's leasing of a 2013 Rolls Royce Ghost from O'Gara, memorialized in a Motor Vehicle Lease Agreement (the “Agreement”). O'Gara now moves for an order compelling arbitration pursuant to an arbitration agreement executed by Plaintiff. Rolls-Royce indicates its consent to arbitrate the matter. The motion is unopposed. DISCUSSION In a motion to compel arbitration, the mo...

Excerpt: ...s to Plaintiff Terrance Marsh and SUSTAINED WITHOUT LEAVE TO AMEND as to Plaintiff Gesele Marsh. Defendants' demurrer to the second cause of action as to Plaintiff Gesele Marsh is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' demurrer for uncertainty is SUSTAINED WITH LEAVE TO AMEND as to Defendants Continental Currency Services, Inc. and Manheim Investments, Inc. Defendants' Motion to Strike is GRANTED. BACKGROUND Plaintiff Terrance Marsh (“Ma...

Excerpt: ...r 19, 2012. The motion is unopposed. [1] CCP §473(b) provides in pertinent: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein...

Excerpt: ...e I. BACKGROUND Trial Phase One, on the issue of the affirmative defense of judicial estoppel, took place on February 28 and March 1, 2018. Closing arguments are scheduled for August 1, 2018. However, as a result of this Court's unavailability to hear Trial Phase Two, this Court requested that the parties meet and confer regarding a stipulation to allow a different judge to preside over Phase Two. The parties were unable to reach a stipulation. O...

Excerpt: ...arbitration. BACKGROUND Plaintiff Eric Jordan (“Jordan”) brought this employment action against his former employers and managers on February 20, 2018. The Complaint asserts causes of action for, among others, various wage and hour violations, discrimination, harassment, and retaliation. Defendants Pioneer Medical Group, Inc. (“Pioneer”), Eagle Business Performance Services, LLC (“Eagle”), Pioneer Investment Enterprises, LLC (“Enter...

Excerpt: ...orporation (“Pacifica”) on April 14, 2017. Pacifica now moves for an order bifurcating the issue of the amount of punitive damages from the liability phase of trial. Carroll opposes the motion insofar as Pacifica is seeking to bifurcate the legal issue of punitive damages from the liability phase at trial. Carroll does not oppose bifurcating the discrete issue of the amount of damages from the liability phase at trial. In Pacifica's reply bri...

Excerpt: ...fendant Lloyd Bruce Sugarman (“Sugarman”) served Form Interrogatories, Set One to Plaintiff Robert Azinian (“Azinian”). (Tong Decl., ¶ 2.) Sugarman did not receive timely responses. (Tong Decl., ¶ 6.) Counsel for Sugarman attempted to meet and confer regarding these responses, to no avail. (Tong Decl., ¶¶ 7-12.) Sugarman now moves for an order compelling Azinian to provide responses to the Form Interrogatories, Set One. Azinian filed ...

Excerpt: ...off”) standing to bring this action, took place on April 4 and 5, 2018. Upon close of evidence, the parties waived closing arguments, and the Court found in favor of Duboff on the issue of standing. The Court ordered Duboff to prepare a proposed Statement of Decision and set a hearing regarding the Statement of Decision for April 20, 2018. Phase two of the trial, a jury trial on the remaining issues, was continued from May 2, 2018 as a result o...

Excerpt: ...NTED to the extent that all discovery that is directly related to fees alleged to be owed by BFI under Condition 64 B of the subject conditional use permit is STAYED pending resolution of the Writ Action. BACKGROUND Plaintiff Browning-Ferris Industries of California, Inc. (“BFI”) filed this declaratory relief action against Defendants County of Los Angeles (the “County”), the Los Angeles County of Department of Regional Planning (“LADRP...

Excerpt: ...S ON DELAY OF UNLAWFUL DETAINER CASE Defendant BRECKENRIDGE PROPERTY FUND 2016, LLC's Application and Affidavit Re: New and Different Facts [in support of] Second Motion for Summary Judgment on Lack of Subject Matter Jurisdiction is DENIED WITHOUT PREJUDICE. Defendant's Motion for CCP 1170.5 Escrow of Holdover Damages on Delay of Unlawful Detainer Case is GRANTED subject to Plaintiff providing evidence of the fair market value the monthly rent fo...

Excerpt: ...fendant Heritage Provider Network, Inc. (“Heritage”). The Complaint asserts causes of action for breach of implied contract/quantum meruit, a common count, declaratory relief, and unfair business practices. On July 20, 2017, Plaintiff served requests for production of documents, set two, on Heritage. Request for Production (“RFP”) No. 47 requested “All contracts that HERITAGE had with any PLAN for the claims on ATTACHMENT A, including a...

Excerpt: ...Authority is GRANTED. BACKGROUND Defendant/Cross-Defendant/Cross-Complainant Charles King Company, Inc. (“CKC”) seeks leave to amend its Answer to the Cross-Complaint by Santa Ana Watershed Project Authority (“SAWPA”). SAWPA opposes. SAWPA's Cross-Complaint asserts a cause of action for breach of contract and a cause of action for claim on performance bond. In the Cross-Complaint, SAWPA alleges that CKC breached its obligations under the ...

Excerpt: ...rike Portions of the Complaint is DENIED AS MOOT. BACKGROUND Plaintiff Starlin Carver (“Plaintiff”) initiated the instant action against Defendant Allstate Insurance Company Inc. (“Allstate”) January 12, 2018. The Complaint asserts causes of action for declaratory relief, bad faith, tortuous [sic] denial of insurance benefits, breach of contract, negligence, fraudulent misrepresentation, and breach of fiduciary duties. [1] Allstate now de...

Excerpt: ...total amount of $995. BACKGROUND On March 23, 2018, Plaintiff Charles M. Ward (“Plaintiff”) served Form Interrogatories, Set One and Requests for Production of Documents, Set One on Defendant Mark Blankenship (“Defendant”). Upon meeting and conferring, Plaintiff agreed to accept Defendant's responses as timely if they were served by June 7, 2018. As of the filing of the motion, Defendant had failed to provide any responses to the discover...

Excerpt: ...n the Alternative, Summary Adjudication, is DENIED. BACKGROUND Plaintiff Jerlene Hales (“Hales”) filed this action on April 11, 2017 against Defendant California Department of State Hospitals (“DSH”). The operative First Amended Complaint asserts one cause of action for breach of contract. DSH now moves for summary judgment. Hales also moves for summary judgment, or in the alternative, summary adjudication. [1] Both motions are opposed. E...

Excerpt: ...action against Defendants Philip Battiade, Daniel Beyer, and Synergy Health, LLC (collectively, “Defendants”) on February 23, 2018. The SAC asserts causes of action for discrimination, intentional infliction of emotional distress, breach of employment contract, and breach of promise for grant of equity. Defendant Synergy Health, LLC (“Synergy”) operates a health clinic, and its ownership is divided among Defendant Philip Battiade (“Batt...

Excerpt: ... alleges violations of the Song-Beverly Act, stemming from Plaintiffs' purchase of a 2013 Nissan Pathfinder vehicle. Plaintiffs have served three PMK deposition notices on Nissan: on May 30, 2017, March 16, 2018, and April 6, 2018. (Souza Decl., ¶¶ 13-15.) In response, Nissan served objections and refused to produce a deponent for all categories of testimony and any documents. (Souza Decl., ¶ 16.) On April 3, 2018, Plaintiffs' counsel sent a m...

Excerpt: ...mary adjudication are GRANTED. BACKGROUND Plaintiff Comerica Bank (“Comerica”) filed this action against, inter alia, Defendants Benjamin William Gonzales, individually and as trustee of the Gonzales Family Trust of July 26, 1999 and Gretel Arend Gonzales, as trustee of the Gonzales Family Trust of July 26, 1999 (jointly, “Defendants”). The Complaint asserts causes of action for breach of written loan agreement, foreclosure of security ag...

Excerpt: .... Morales (“Morales”) was a resident at Defendant Montebello Care Center LLC (“MCC”) from June 22, 2016 through July 31, 2016. Plaintiffs allege that during that time, Morales suffered malnutrition, dehydration, a growing pressure ulcer, development of other pressure ulcers, and a urinary tract infection which turned septic. The Complaint asserts causes of action for elder abuse, violation of resident rights, and wrongful death. On Septem...

Excerpt: ...ocuments, Set One are GRANTED. Defendants' Request for Sanctions against is GRANTED in the total amount of $2,908. BACKGROUND Defendants Lawrence Woodcraft and Astra Woodcraft (jointly, “Defendants”) move to compel Plaintiffs Amir Yazdi and Hania Yazdi (jointly, “Plaintiffs”) to serve responses to Form Interrogatories, Set one, Special Interrogatories, Set One, and Requests for Production of Documents, Set One (collectively, “Written Di...

Excerpt: ...w an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved ...

Excerpt: ...le”) and the Estate of Jessye L. Randle (jointly, “Plaintiffs”) filed a Complaint in pro per on October 30, 2017 against a number of defendants challenging the foreclosure sale of that certain real property located at 1524 S. Spaulding Avenue, Los Angeles, CA 90019 (the “Property”). The operative First Amended Complaint (“FAC”) was filed on March 8, 2018. Defendants Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Tru...

Excerpt: ...y”) (erroneously sued as Los Angeles County Probation). Plaintiff is employed by the County of Los Angeles' Probation Department as an Investigator Aid. Plaintiff claims that she was subjected to racial discrimination by her supervisors because they provided training opportunities in a preferential manner to Hispanic employees. Plaintiff also claims that when she applied for a promotion to Deputy Probation Officer I, she was medically disqualif...

Excerpt: ...ansferring venue to the County of San Luis Obispo. Plaintiffs oppose. DISCUSSION On a timely motion, “when the court designated in the complaint is not the proper court,” the court must order a transfer of the action to the proper court (Code Civ. Proc., §§ 397(a), 396b.) “Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county...

Excerpt: ...ts”). The gravamen of the Complaint is that Defendants, owners and managers of certain residential property, failed to maintain the building in which Plaintiffs live. The Complaint asserts causes of action for negligence, nuisance, and breach of the warranty of habitability. Defendants now move to strike allegations regarding punitive damages from the Complaint. Plaintiffs oppose. DISCUSSION A court may strike any “irrelevant, false, or impro...

Excerpt: ...erly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney client ...

Excerpt: ...dood and Saleha Bano (jointly, “Plaintiffs”) oppose. Prior to filing a demurrer, the demurring party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice. Code of Civil Procedure section 430.41 provides: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed ...

Excerpt: ...TED to the extent that the Court orders Marianna Tosunian to appear in Department 53 on August 16, 2018, at 8:30 a.m. to show cause why she should not be held in contempt for failing to appear for her deposition. The Court further GRANTS Defendants' request for monetary sanctions in the amount of $1,670. BACKGROUND On October 11, 2017, Plaintiff Harry Harutyun Tangikyan, by and through his successor in interest, Christina Tangikyan (“Plaintiff�...

Excerpt: ...tiffs”) filed this action on April 20, 2016 against Defendant Ford Motor Company (“Ford”). The Complaint asserted causes of action for violations of the Song-Beverly Act and the Magnuson-Moss Act stemming from the purchase by Plaintiffs of a 2012 Ford Fusion, which was purchased for $30,681.50. On July 28, 2017, Ford served an offer under Code of Civil Procedure section 998 for $95,000, which constituted Plaintiffs' maximum recovery. On Aug...

Excerpt: ...financial elder abuse, fraud/intentional misrepresentation/deceit, and violation of California Corporations Code sections 25401 and 25504.1. Hyldmar demurs to the first cause of action for financial elder abuse and to the third cause of action for violation of Corporations Code sections 25401 and 25504.1 on the basis that each fails to state facts sufficient to constitute a cause of action and on the basis of uncertainty. Plaintiff opposes. [1] R...

Excerpt: ...t Defendant Hyundai Motor America (“HMA”). The Complaint asserted a cause of action for violations of the Song- Beverly Act stemming from the purchase by Plaintiff of a new 2007 Hyundai Accent for $16,626.00. Plaintiff alleged that during his ownership of the vehicle, the vehicle suffered engine problems that required nine repair visits over four years. On June 28, 2017, the parties agreed to settle the case for $53,492.61 by way of Plaintiff...

Excerpt: ...pply to appear pro hac vice in this State by way ofw•ritten application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California and does not perform regular or substantial business, professional or other activities in the State. Repeated prior use of the pro hac vice in this State for multip...

Excerpt: ...fendant Everlert, Inc. (“Everlert”) on January 12, 2018. The Complaint asserts causes of action for financial elder abuse, fraud/intentional misrepresentation/deceit, and violation of California Corporations Code sections 25401 and 25504.1. Everlert filed a General Denial on March 12, 2018. Plaintiff now moves to strike the General Denial on the basis that the General Denial was filed by Everlert in pro per and on the basis that Everlert is c...

Excerpt: ...Herbert Wong (“Plaintiff”) filed this action on January 18, 2018 against Defendant San Gabriel Square, LLC (“Defendant”). The Complaint asserts causes of action for breach of contract, breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, unfair business practices, general negligence, intentional infliction of emotional distress, failure to warn under Civil Code section 846, and an eighth cause of acti...

Excerpt: ...d appeared for Plaintiff. Kahlil J. McAlpin appeared for Defendants. Plaintiff pursued the following causes of action at trial: (1) Breach of Implied Covenant/Warranty of Title; (2) Quasi-Contract based upon Restitution and Unjust Enrichment; and (3) Equitable Indemnification. Plaintiff read excerpts from the Deposition of Tracy Broughton, called Defendant Constantina Frial under Evidence Code §776 and Corlis Chevalier. Defendant called Constant...

Excerpt: ...$1,740.00. BACKGROUND Plaintiff Brett D. Klausner (“Plaintiff”) brought this action against Defendants FCA US LLC and Cerritos Dodge, Inc. (jointly, “Defendants”) on August 4, 2017. The Complaint alleges violations of the Song-Beverly Act, stemming from Plaintiff's purchase of a 2012 Dodge Challenger. On November 16, 2017, Defendants served notice of Plaintiff's deposition and production of his vehicle for inspection, scheduled for Januar...

Excerpt: ...CHELL WALTER WOOLLEY DBA E-MARKETING ASSOCIATES is entitled to attorney's fees and costs in the amount of $40,000. BACKGROUND Plaintiff and Cross-Defendant Mitchell Walter Woolley dba E-Marketing Associates (“EMA”) filed this action on May 24, 2016 against Defendant and Cross-Complainant American Curvet Investment, LLC dba LA Crystal Hotel (“LAC”). LAC filed a Cross-Complaint against EMA and Cross-Defendant Ping Dai (“Dai”) on June 30...

Excerpt: ...nt”) now moves to strike the Second Amended Complaint on the basis that Plaintiff failed to obtain leave to file the Second Amended Complaint. Plaintiff opposes. DISCUSSION Prior to filing a motion to strike, the moving party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice. Code of Civil Procedure section 435.5 provides: (a) Before filing a motion...

Excerpt: ...ve to amend. The Court OVERRULES U.S. Bank's demurrer to the fourth cause of action BACKGROUND On June 7, 2017, Plaintiff David R. Zepeda (“Zepeda”) filed this action against Defendants U.S. Bank National Association (“U.S. Bank”) and Wolf Law Firm (jointly, “Defendants”). On February 15, 2018, Zepeda filed the operative Second Amended Complaint alleging the following causes of action: (1) wrongful foreclosure, (2) violation of CCP §...

Excerpt: ....00. BACKGROUND Plaintiff Glenn Spears (“Spears”) filed this employment action on February 24, 2017 against Defendants Smart & Final Stores LLC, Smart & Final Logistics, LLC (“Logistics”), Smart & Final LLC, Smart & Final Properties I LLC, and Smart & Final Stores, Inc. On September 28, 2017, Spears served Request for Admissions, Set One on Logistics. (Poster Decl., ¶ 2.) On November 2, 2017, Logistics served its responses. (Poster Decl....

Excerpt: ...fault judgment package submitted by Plaintiffs. First, the Court notes that the Request for Entry of Default seeks interest in the amount of $14,632.55 on a principal amount of $117,902.22, and the Proposed Judgment indicates that this interest is at 1.5% per annum. However, according to the Declaration of Houman Nikbakht, the interest rate is actually 1.5% per month. Furthermore, the agreement upon which this action is based provides that intere...

Excerpt: ...ated in mediation sessions. Thereafter, the parties reached a tentative settlement, and a notice of settlement was filed on January 5, 2018. The Court set an OSC re Dismissal on March 6, 2018. On March 6, 2018, counsel for both parties appeared and updated the Court on the status of settlement and requested a continuance so that a long‐form settlement agreement could be finalized and executed. The Court continued the hearing to March 27, 2018, ...

Excerpt: ...MEND. Defendants ECO PRK, LLC, MYUNG KOH, DANIEL PARK AND KEVIN YOUN'S Motion to Strike Portions of First Amended Complaint is GRANTED. BACKGROUND Plaintiff Erin Feldman (“Plaintiff”) initiated this action against Defendants ECO PRK, LLC (“ECO”), Myung Koh (“Koh”), Daniel Park (“Park”), and Kevin Youn (“Youn”) (collectively, “Defendants”). The operative First Amended Complaint asserts causes of action for breach of contrac...

Excerpt: ...enefit corporation that oversees the technical coordination of the Internet's domain name system. Both Plaintiff DotConnectAfrica Trust (“DCA”) and ZA Central Registry (“ZCAR”) were applicants for the gTLD .AFRICA. The Court borrows heavily from ICANN's timeline of the relevant events from its Post‐Trial Brief: A. June 2011 After six years of development, which included consultations with the ICANN community at every stage, ICANN procee...

Excerpt: ...O AMEND. BACKGROUND Plaintiffs Bri Co, LLC (“Bri”) and Cari Co (“Cari”) brought this action against Defendant and Cross‐Complainant John Begini (“Begini”) on August 23, 2016. The gravamen of the Complaint is that Begini owns property next to property owned by Bri and leased by Cari, and allows numerous personal items, including fencing and trailers, to impede on the property owned by Bri such that it constitutes a trespass. Bri and ...

Excerpt: ...ce Department, a government entity, Captain II David J. Kowalksi, in official and individual capacities, Motor Sergeant Steve Smith, in official and individual capacities, and Does 1 through 100, inclusive (collectively, “Defendants”). Plaintiff filed the operative Third Amended Complaint (“TAC”) on January 12, 2018. The TAC asserts causes of action for (1) discrimination in violation of FEHA; (2) retaliation in violation of FEHA; and (3)...

Excerpt: ...intly, ÒDefendantsÓ). The parties reached a settlement on or about March 8, 2017, which was memorialized in a settlement term sheet. On or around May 1, 2017, the parties executed a long -form settlement agreement (the ÒSettlement AgreementÓ). Plaintiff now moves to enforce the Settlement Agreement on the grounds that Defendants have breached material terms of the agreement. Defendants oppose. EVIDENCE The Court rules on the evidentiary objec...

Excerpt: ...Bradley I. Kramer (“Kramer”) (jointly, “Defendants”) asserting that they committed legal malpractice, which caused a motion for summary judgment to be granted against her in an underlying medical malpractice suit. In her complaint, Plaintiff asserts that Defendants failed in their obligations to her by failing to: (1) conduct any discovery in, (2) obtain an expert declaration in support of, or (3) oppose the motion for summary judgment in...