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: ...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...