Excerpt: ...BACKGROUND On October 11, 2017, Plaintiff Harry Harutyun Tangikyan, by and through his successor in interest, Christina Tangikyan (“Plaintiff”) filed the instant complaint alleging a cause of action for elder abuse (“Complaint”). Plaintiff alleges that Defendants CHS Healthcare Management, LLC and CHA Health Systems, Inc. (jointly, “Defendants”) failed to provide appropriate care for decedent Harry Harutyun Tangikyan (“Tangikyan”)...

Excerpt: ...tion, Inc. (“Mac”) filed this action on May 16, 2016 against, inter alia, Little Tokyo Pet Clinic, Inc. (“Inc.”) Mac commenced the action to recover over $500,000.00 it is allegedly owed in connection with the construction of a veterinary clinic it allegedly built for Inc. In connection with its action, Mac filed a mechanic's lien against the property at which the construction was located (the “Property”). Inc. subsequently filed a Cr...

Excerpt: ...an (jointly, “Plaintiffs”) initiated the instant action against, inter alia, Defendant C.W. Howe Partners, Inc. and Carl Howe (jointly, the “Howe Defendants”). Plaintiffs filed a First Amended Complaint on August 8, 2017, which asserts causes of action for fraud, negligent misrepresentation, negligence, violation of the unfair competition law, and for recovery against contractor's license bond (the “FAC”). As alleged in the FAC, the c...

Excerpt: ...o acquire a permanent easement and temporary construction easement (the “Easements”) over property located at 18300 Sierra Highway, Santa Clarita, CA 91387 (the “Property”) and owned by Defendants Cono Terranova, Angelina Caruso Terranova, Trustees of the Terranova Family Trust Dated June 1, 2007 (the “Terranovas”) and Defendants Carl Nicchitta and Maria Nicchitta (the “Nicchittas”). The Easements are necessary for Plaintiff's Can...

Excerpt: ...c (collectively, “Defendants”) on August 24, 2017. Defendants now move for judgment on the pleadings as to the first, second, fourth, eighth, ninth, tenth, eleventh, and twelfth causes of action in the FAC. Plaintiff opposes. Prior to filing a motion for judgment on the pleadings, 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....

Excerpt: ...ct and Magnuson‐Moss Act action on July 14, 2017 against Defendant BMW of North America, LLC (“Defendant”). The instant motion to compel relates to Plaintiff's Request for Production of Documents, Set One, Nos. 26, 27, 28, 29, 31, 32, 35, 36, 37, 39, 40, 41, 42, 61, and 69 (the “Requests”). Plaintiff alleges that his 2010 BMW 550i, which was manufactured and distributed by Defendant, suffers from excessive oil and coolant leaks and misf...

Excerpt: ...efendant Hyundai Motor America (“HMA”). The Complaint asserted causes of action for violations of the Song‐Beverly Act and the Magnuson‐Moss Act stemming from the purchase by Plaintiff of a used 2011 Hyundai Sonata. Plaintiff alleged that during her ownership of the vehicle, she suffered persistent transmission and engine problems that required six repair visits over fifteen months of ownership. Thereafter, HMA refused to repurchase the v...

Excerpt: ...roup, LLC is OVERRULED IN PART and SUSTAINED IN PART, WITH LEAVE TO AMEND. BACKGROUND Plaintiffs Jacob Blalock (“Blalock”) and Benjamin Novak (“Novak”) (jointly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff (Chartoff), John “Jack” Hanney (“Hanney”), and Alexander Orbison (“Orbison”) (collectively, “De...

Excerpt: ... 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 any attachments, addenda, amendments, and/or rate sheets to those contracts.” (Gordon De...

Excerpt: ...ED. Defendants SUMMA INTERSTATES, HOWARD LEE, JAE HWAN LEE, JUNG S. LEE, HOWARD H. LEE and PAULINE M. LEE, TRUSTEES OF THE HOWARD AND PAULINE LEE LIVING TRUST Motion to Strike is CONTINUED. BACKGROUND Plaintiffs Dong Kyu Joo, dba AJ Coin Laundry, and Chun Kyong Shin (collectively, “Plaintiffs”) filed their Second Amended Complaint (“SAC”) against Defendants Summa Interstates, Howard Lee, as an individual and dba Interstate Realty and Inve...

Excerpt: ...ivil Procedure § 425.16 is GRANTED. BACKGROUND On September 19, 2017, Plaintiff Steven Oliva (“Plaintiff”) initiated the instant action against Defendant Charter Communications, Inc. (“Defendant”). The Complaint asserts nine causes of action stemming from Plaintiff's termination of employment by Defendant, as follows: (1) wrongful termination in violation of contract; (2) wrongful termination in violation of public policy; (3) harassment...

Excerpt: ...ON OF DOCUMENTS, SET ONE (1); AND REQUEST FOR SANCTIONS AGAINST DEFENDANT WEST COAST ORGANIC MODERNISM, INC. Plaintiff's Motions to Compel Responses to Form Interrogatories – General, Set One (1), Form Interrogatories – Employment Law, Set One (1), Special Interrogatories, Set One (1), and Requests for Production of Documents, Set One (1) are GRANTED. Plaintiff's Request for Sanctions against Defendant West Coast Organic Modernism, Inc. is GR...

Excerpt: ...ment and Appointment of Partition Referee is GRANTED. BACKGROUND Plaintiff Norwest Management, LLC (“Norwest”) filed this action against Defendant Borkes Capital Management, LLC (“Borkes”) on August 10, 2017. The Complaint asserts a cause of action for partition as well as for an accounting related to three commercial properties co‐owned by Norwest and Borkes. Norwest now moves for summary adjudication as to the first cause of action, p...

Excerpt: ...��). The Complaint asserts causes of action for breach of contract, tortious breach of the implied covenant of good faith and fair dealing, and declaratory relief (the “Complaint”). The gravamen of the Complaint is a dispute between the parties as to whether certain excess liability insurance was triggered such that Defendant was required to provide certain coverage. Defendant now demurs to the Complaint on the grounds that pursuant to the pl...

Excerpt: ...zalez and His Counsel of Record, Livingston * Bakhtiar, in the Sum of $4,812.50 for Violation of Cal. Code of Civ. Proc. § 128.7 is DENIED. BACKGROUND Plaintiff Luciano Gonzalez (“Plaintiff”) filed the instant action on May 11, 2017 against Defendants Jons Marketplace, Jons Market, and Berberian Enterprises, Inc. (“Berberian”). Plaintiff was formerly employed by Berberian as a meat packer. Jons Marketplace and Jons Market were sued as un...

Excerpt: ... 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 relationship ...

Excerpt: ...KGROUND Plaintiffs Errol Flynn and Susan Anderson (jointly, “Plaintiffs”) filed this action on January 6, 2016, against Defendants PLB Management, LLC, Prime/Park LaBrea Holdings L.P., and Prime/Park LaBrea Titleholder, LLC (collectively, “Defendants”). The operative First Amended Complaint (“FAC”), filed November 28, 2017, alleges that Plaintiffs lived at a property owned and/or managed by Defendants, subject to a written lease agree...

Excerpt: ...17, 2017 against Defendant General Motors, LLC (“Defendant”). This action concerns Plaintiff's purchase of a 2010 Chevrolet Traverse (the “Subject Vehicle”). Plaintiff alleges that Defendant breached its warranty obligations and concealed a known defect from Plaintiff related to the steering system. The Complaint asserts causes of action for violations of statutory obligations, including violations of the Song‐Beverly Act and Magnuson�...

Excerpt: ...s also GRANTED in the amount of $4,175.00. BACKGROUND Plaintiff Glenn Spears (“Spears”) filed this employment action on February 24, 2017 against Defendants Smart & Final Stores LLC, Smart & Final Logistics, LLC, Smart & Final LLC, Smart & Final Properties I LLC, and Smart & Final Stores, Inc. The Complaint asserts causes of action for (1) harassment based on race/color and ancestry; (2) failure to investigate, stop, and prevent harassment; (...

Excerpt: ...fices of Vahdat & Associate, APC (“Defendant”). The operative First Amended Complaint was filed on December 14, 2017 (the “FAC”). The FAC alleges causes of action for breach of contract and unjust enrichment. Defendant now demurs to the unjust enrichment cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. Plaintiff opposes. DISCUSSION “Unjust enrichment is not a cause of action…or ev...

Excerpt: ...ed against him on September 7, 2017, on the basis of extrinsic mistake. Rios concedes that he was served with a copy of the Summons and Complaint on or about April 27, 2016. (Rios Decl., ¶ 7.) Rios states that he immediately called his attorney regarding the Summons and Complaint, and thereafter faxed a copy of the Summons and Complaint to his attorney (Rios Decl., ¶ 7.) Rios' then‐attorney does not recall receiving the Summons and Complaint ...

Excerpt: ...intly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff (Chartoff), John “Jack” Hanney (“Hanney”), and Alexander Orbison (“Orbison”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 29, 2017, and asserts ten causes of action stemming from Plaintiffs' employme...

Excerpt: ...efendants Ford Motor Company (“Ford”) and Vista Ford Inc. dba Vista Ford Lincoln (“Vista Ford”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on January 12, 2018 and asserts causes of action for violations of the Song‐Beverly Act, fraudulent concealment, intentional misrepresentation, negligent misrepresentation, and violation of the Consumer Legal Remedies Act. Holmes alleges that the used 201...

Excerpt: ...nts”). The Complaint asserts causes of action for (1) Violations of Labor Codes §§98.6 and 1102.5; (2) Adverse Action in Violation of Public Policy; (3) Discrimination; (4) Retaliation; (5) Failure to Prevent Harassment, Discrimination, and Retaliation; and (6) Defamation. Defendants moved for summary judgment or, in the alternative, for summary adjudication on March 15, 2017. Garcia opposed. On October 12, 2017, the Court granted the motion ...

Excerpt: ...gainst Defendant Cathay Bank (“Cathay Bank”). Crossroads alleges that it entered into a written construction loan agreement (the “Agreement”) with Cathay Bank on June 18, 2014, whereby Cathay Bank agreed to lend Crossroads $12,950,000 for the rehabilitation and repair of a shopping mall in Greenville, Texas, and for the construction of tenant improvements on the property (the “Project”). Crossroads alleges that, over a year into the P...

Excerpt: ...ale of a Cartier diamond ring (the “Ring”). BJI moves for summary adjudication on its first cause of action for unjust enrichment/restitution. DGE opposes. EVIDENCE The Court grants BJI's Request for Judicial Notice as to Exhibits A and B. The Court denies BJI's Request for Judicial Notice as to Exhibits D, F, L, and M. The Court rules on DGE's evidentiary objections as follows: Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, and 11 are sustained; No. 4 is ...

Excerpt: ...) and Perry Cohan (“Cohan”), as trustee of Cohan 2003 Family Trust (jointly, “Plaintiffs”) filed this action on September 22, 2014 against Defendants Babak Melamed (“Babak”) and Behzad Melamed (“Behzad”) (jointly, “Defendants”) alleging fraud and deceit, conversion, breach of fiduciary duty, and common count (money had and received). The allegations generally arose out of the terms of a Profit Sharing Agreement and the Cohan 2...

Excerpt: ...rts causes of action for various violations of the Labor Code, wrongful termination in violation of public policy, and defamation. Defendants now petition the Court to compel arbitration pursuant to an arbitration agreement entered into by Taft in connection with his employment. Defendants also move to stay this action pending resolution of the arbitration. Taft opposes. DISCUSSION A. Existence of an Arbitration Agreement In a motion to compel ar...

Excerpt: ...nants Yahya Sadigh and Michael Sadigh's Motion to Compel Further Responses from Plaintiff and Cross‐Defendant Farshad Kashani and for Sanctions is GRANTED; monetary sanctions are awarded in the amount of $4,935.00. Defendants and Cross‐Complainants Yahya Sadigh and Michael Sadigh's Motion to Compel Production of Documents Pursuant to Subpoena to Non‐ Party Dr. Ramin Farshi and for Sanctions is GRANTED IN PART AND DENIED IN PART; monetary sa...

Excerpt: ...mployment action on July 5, 2016. Plaintiff filed the operative First Amended Complaint (“FAC”) on September 9, 2016. The FAC is brought against Defendants Farmers Final Solutions, LLC and FFS Holding, LLC (jointly “Defendants”). Meyer's FAC asserts the following causes of action: age discrimination, retaliation (age discrimination), disability discrimination, retaliation (disability discrimination), failure to provide reasonable accommod...

Excerpt: ... is GRANTED.Plaintiff's Motion to Sanction Defendant Linda Schermer for Failure to Comply with Court Order is DENIED. Plaintiff's Motion for Preliminary Injunction is DENIED. BACKGROUND Plaintiff Bonnie Duboff (“Duboff” or “Plaintiff”), on behalf herself and all other limited partners of 245 Spalding Partners, L.P., filed this action against Defendants Linda Schermer (“Schermer”), as Trustee of The Surviving Trustor's Trust Under The ...

Excerpt: ...ion 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 as Counsel Civil form (MC‐051)); (2) a ...

Excerpt: ...ntiff's Complaint alleges an open book account, and pursuant to Civil Code section 1717.5, entitlement to reasonable attorney's fees. However, the declaration of Plaintiff's counsel in support of such fees is insufficient, as it does not calculate fees in accordance with section 1717.5. Furthermore, if an attorney's fee amount calculated under section 1717.5 is greater than the amount provided for under LASC Rule 3.214, then the fee award is purs...

Excerpt: ...st various defendants on April 12, 2016. On August 10, 2016, Plaintiff filed two amendments to the Complaint, adding Defendants Aguilar Auto Repair (erroneously sued as J&J Auto Repair) (“Auto Shop”) and Francisco Aguilar (“Aguilar”) (jointly, “Defendants”) as Does 1 and 2. On December 1, 2017, Plaintiff filed the operative Second Amended Complaint (“FAC”). Plaintiff alleges that Defendants, along with the remaining defendants, pr...

Excerpt: ...nd Benjamin Novack (jointly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff, and John “Jack” Hanney (“Hanney”) (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 29, 2017, and asserts ten causes of action stemming from Plaintiffs' employment with Halt Gold Group....

Excerpt: ... for failure to comply with California Corporations Codes; failure to comply with operating agreement; breach of fiduciary duty; breach of covenant of good faith and fair dealing; fraud; and accounting. Defendants Grzegorz Grasela and Denisse Shott (jointly, “Defendants”) now move for an order bifurcating the issue of the amount of punitive damages from the liability phase of trial. Plaintiffs do not oppose to bifurcation. DISCUSSION Code of ...

Excerpt: ...his action on November 16, 2016 against Defendant County of Los Angeles (the “County”). Plaintiff is a sworn peace officer and probation officer for the County. Plaintiff alleges that during the course and scope of her employment, her supervisor Senior Deputy Probation Officer Michael Russel (“Russell”) engaged in a course of verbal and physical conduct with the intent of sexually harassing her. Plaintiff alleges that, when she refused Ru...

Excerpt: ...ey committed legal malpractice, which caused a motion for summary judgment to be granted against her in the 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 the medical malpractice suit. On January 3, 2018, the Court granted Kramer's motion for...

Excerpt: ...essye 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 “Complaint”). Defendants Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007‐4, Asset‐ Backed Certificates, Series 2007‐4; Ocwen Financial Corp.;...

Excerpt: ...aliation in violation of California Labor Code §1102.5, wrongful termination in violation of Cal. Gov't Code §12940 et seq., wrongful retaliation in violation of Cal. Gov't Code §12940(h), and hostile work environment harassment in violation of FEHA and Cal. Gov't Code §§ 12940(j) (the “Cross‐Complaint”). Ishikawa seeks an award of $2,094,073.60 reflecting $2,093,500.00 as demanded in the Cross‐Complaint and $573.60 in costs. The Cou...

Excerpt: ...1 is DENIED. BACKGROUND Plaintiffs Brian Keys (“Keys”) and Maize Baskerville (“Baskerville”) (jointly, “Plaintiffs”) initiated this action on August 17, 2017 by filing a Complaint for Damages asserting various violations of the California Civil Code, battery and assault, and intentional and negligent infliction of emotional distress against Defendants The Cadillac Hotel (the “Hotel”) and Sris Sinnathamby (“Sinnathamby”) (joint...

Excerpt: ...$1,260.00 Defendant FORD MOTOR COMPANY's Motion for Order Establishing Admissions and for Sanctions in the Amount of $1,260.00; Motion to Compel Responses to Form Interrogatories and Special Interrogatories and Request for Sanctions in the Amount of $1,260.00; and Motion to Compel Responses to Requests for Production of Documents and Request for Sanctions in the Amount of $1,260.00 are GRANTED. However, the award for sanctions shall be a total of...

Excerpt: ...hanary Chem (“Chem”) and Leticia Guerrero (“Guerrero”) (jointly, “Plaintiffs”) brought this representative action against Defendants Oakmont Management Group LLC (“OMG”), Oakmont Senior Living, LLC, Joseph G. Lin, and William Gallagher (collectively, “Defendants”) on May 22, 2017. The gravamen of the Complaint is that Defendants had a consistent policy of failing to pay Plaintiffs and other aggrieved employees for all hours wo...

Excerpt: ...ober 11, 2016 against Defendant Saeed Modanlou (“Defendant”). Plaintiffs now move for leave to file a First Amended Complaint to add a new plaintiff to the action. The potential new plaintiff is also a former employee of Defendant who worked at the same locations, during the same period of time, and under similar working conditions as Plaintiffs. No opposition was filed. DISCUSSION Pursuant to CCP §473(a)(1), “[t]he court may, in furtheran...

Excerpt: ... (“LoanMart”). The Complaint asserts causes of action for specific performance, “identity, fraud,” and “emotional distress.” The Complaint also attaches Judicial Council forms for a breach of contract cause of action and another fraud cause of action. LoanMart demurs to the first cause of action (specific performance) on the grounds of failure to state facts sufficient to constitute a cause of action. LoanMart further demurs to the se...

Excerpt: .... BACKGROUND On June 16, 2016, Plaintiff Co‐Trustees of the Collis P. and Howard Huntington Memorial Hospital Trust (“Plaintiff”) initiated this action against Defendants State of California, Department of General Services, Real Estate Services Division; State of California, California Environmental Protection Agency, Department of Toxic Substances Control (the State of California entities to be referred to as the “State”); Construction...

Excerpt: ...se Co., Ltd (“Plaintiff”) filed this action on November 23, 2016, against Defendants MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”) (collectively, “Defendants”). 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 D...

Excerpt: ... a written obligation to pay money, i.e., the subject Loan and Security Agreements. However, Plaintiff has failed to provide the original Loan and Security Agreements and Modification Agreements, or in the alternative, a declaration explaining loss or unavailability of the original with a proposed order to accept a copy in lieu of the original pursuant to CRC Rule 3.1806.  The Declaration of Tonya Hinton in support of the default judgment is a...

Excerpt: ...��Defendant”). Plaintiffs filed the operative Fourth Amended Complaint (“4AC”) on December 4, 2017. The 4AC alleges that Plaintiffs leased a unit in an apartment complex owned, operated, managed, and maintained by Defendant. Plaintiffs lived in a two‐bedroom unit with their two children. Plaintiffs allege that Defendant failed to maintain the apartment unit in safe condition, failing to ensure that it had no electrical or gas problems and...

Excerpt: ...iff”) initiated the instant action by filing a Complaint for Quiet Title and Fraud (“Complaint”) against Defendants Diana M. May (“May”), William B. DeClercq (“DeClercq”), and the Superior Court of California. The causes of action are not specified in the body of the Complaint, and the Complaint itself reads as a memorandum finding fault with various aspects of a prior lawsuit for quiet title initiated by May (the “Prior Action”...

Excerpt: ...erman”) (jointly, “Defendants”). On February 26, 2015, Canko filed a Cross‐Complaint against King. On March 25, 2015, King filed a special motion to strike Canko's Cross‐Complaint. The trial court granted King's special motion to strike. Canko subsequently appealed, and the trial court's ruling was reversed. The Court of Appeal noticed the Remittitur on November 1, 2017. On December 7, 2017, Canko filed his Memorandum of Costs on Appeal...

Excerpt: ...for Inspection is GRANTED. BACKGROUND Plaintiff Yigal Mesika (“Mesika”) brought this action against Defendants UrRadio Group, LLC (“UrRadio”) and Tyler Francois (“Francois”) (jointly, “Defendants”) on November 21, 2016. Mesika filed the operative First Amended Complaint (“FAC”) on February 28, 2017. The FAC asserts causes of action for (1) breach of written contract; (2) fraudulent misrepresentation; (3) negligent misrepresent...

Excerpt: ...Vladimir Zenkin (“Plaintiff”) initiated this action by filing a Verified Complaint for Damages (“Complaint”) against Defendants Aegis Assisted Living, LLC (“Aegis”) and Victor Mills (“Mills”) (jointly, “Defendants”). The Complaint alleges various causes of action stemming from the filing of a “bogus police report” by Mills claiming that Plaintiff had embezzled money from Aegis, Plaintiff's former employer. (Complaint, ¶ 1...

Excerpt: ...ember 19, 2016 against numerous Defendants, including Bank of America, N.A. (“BOA”) and Mortgage Electronic Registration Systems, Inc. (“MERS”) (jointly, “Defendants”). Plaintiff filed the operative First Amended Complaint (“FAC”) on March 29, 2017. On October 3, 2017, the Court granted Defendants' demurrer to the FAC without leave to amend. A proposed judgment was filed by Defendants on October 23, 2017. The proof of service atta...

Excerpt: ... the Person Most Knowledgeable of CHA Hollywood Medical Center, L.P. is GRANTED. BACKGROUND On October 11, 2017, Plaintiff Harry Harutyun Tangikyan, by and through his successor in interest, Christina Tangikyan (“Plaintiff”) filed the instant complaint alleging a cause of action for elder abuse (“Complaint”). Plaintiff alleges that Defendant CHA Hollywood Medical Center, L.P. (“Defendant”) failed to provide appropriate care for decede...

Excerpt: ...OMPLAINT The demurrer of Defendant COUNTY OF LOS ANGELES to Plaintiff Jacqueline White's Second Amended Complaint is SUSTAINED. The demurrer of Defendants JOSEPH CHARNEY, ANNA PEMBEDJIAN, GLORIA MOLINA, ZEV YAROSLAVSKY, DON KNABE, MICHAEL ANTONOVICH to Plaintiff Jacqueline White's Second Amended Complaint is SUSTAINED. The demurrer of Defendant WILLIAM FUJIOKA to Second Amended Complaint is SUSTAINED. BACKGROUND Plaintiff Jacqueline White (“Pla...

Excerpt: ...e officer and probation officer for the County. Plaintiff alleges that during the course and scope of her employment, her supervisor Senior Deputy Probation Officer Michael Russel (“Russell”) engaged in a course of verbal and physical conduct with the intent of sexually harassing her. Plaintiff alleges that, when she refused Russell's advances, Russell transferred her against her wishes from Lancaster to the East Los Angeles office. Plaintiff...

Excerpt: ... Cantor (“Cantor”) and Michael D. Kosdon, D.D.S.(“Kosdon”). Trial is currently scheduled for May 16, 2018. The Final Status Conference is currently scheduled for May 4, 2018. Cantor now moves for a 35‐day trial continuance on the basis that Cantor's counsel will be on vacation during the scheduled trial date. Dorfman opposes. DISCUSSION California Rules of Court, rule 3.1332 provides that a court may grant a continuance on an affirmativ...

Excerpt: ...n June 2, 2017 against Defendants Lake to Lake Transportation, LLC (“Lake to Lake”) and Joel Nederhood (“Nederhood”) (jointly, “Defendants”). National Funding's Complaint asserts causes of action for breach of contract and breach of written guaranty. National Funding alleges that Lake to Lake entered into a written business loan agreement (the “Loan Agreement”) with National Funding, and Nederhood personally and unconditionally gu...

Excerpt: ...e Portions of Plaintiffs' Second Amended Complaint is DENIED AS MOOT. BACKGROUND Plaintiffs Paul Minoletti and Ginger Minoletti (jointly the “Minoletti Plaintiffs”) filed this class action lawsuit on October 4, 2016 against Defendant Toyota Motor Sales, U.S.A., Inc. (“TMS”). The operative Second Amended Complaint (“SAC”) was filed on October 17, 2017, and added Toyota Motor Corporation (“TMC”) as an additional defendant and Ciara ...

Excerpt: ... thus should be permitted at trial. Through the period of time that Plaintiff worked at the railcar rack, she consistently challenged the corrective performance counseling she received by utilizing various Tesoro reporting mechanisms, including, but not limited to, meeting with her supervisors, meeting with Human Resources, meeting with the Business Conduct Office, submitting written complaints and other statements, and filing Union grievances. S...

Excerpt: ...ts members are entitled to certain criteria‐based bonus compensation given to members of another bargaining unit of the County (the “Off‐Schedule POST Bonus”), pursuant to the operative Memorandum of Understanding (“MOU”) between ALADS and Defendant and Respondent County of Los Angles (the “County”), alternately referred to as the “me too” clauses. ALADS' Complaint asserts causes of action for breach of contract, petition for ...

Excerpt: ...g or genuine need to call opposing trial counsel as a witness because the testimony sought is readily obtainable through documents and/or other witnesses. DCA: Mr. LeVee was ICANN's lead counsel in the IRP and no other individuals have more knowledge than Mr. LeVee. To the extent documents cannot establish facts of the IRP, DCA intends to call Mr. LeVee as a witness. DCA believes that most, if not all, of the testimony that will be elicited from ...

Excerpt: ...egation of a statutory or contractual basis for attorney's fees; indeed, the Complaint does not even pray for attorney's fees. Moreover, Plaintiff's attorney's fee request does not comply with LASC Rule 3.214, nor is it supported by a declaration explaining why a greater amount should be awarded.  Plaintiff's Complaint is on a written obligation to pay money, i.e., the subject Lease Agreement. However, Plaintiff has failed to provide the origi...

Excerpt: ...AL, LLC DBA SHELLPOINT MORTGAGE SERVICING'S and THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATEHOLDERS OF CWABS ASSET‐BACKED NOTES TRUST 2007‐SDI (erroneously sued as THE BANK OF NEW YORK MELLON)'s demurrer to Third Amended Complaint is SUSTAINED. BACKGROUND Plaintiffs Princeley Aiwize and Rene Aiwize (jointly, “Plaintiffs”) filed this action on November 28, 2016 against Defendants The Bank of New York Mel...

Excerpt: ...sgow's SAC is DENIED AS MOOT. BACKGROUND Plaintiff Garry Glasgow (“Glasgow”) filed this action on March 17, 2017. Glasgow filed the operative Second Amended Complaint (“SAC”) on December 1, 2017, following the sustaining of a demurrer to certain causes of action in the First Amended Complaint. The SAC alleges the following: Glasgow owns a condominium in Inglewood, California, and, as such, is a member of Defendant Briarwood Homeowners Ass...

Excerpt: ...ion on April 9, 2015. On May 25, 2017, Plaintiff Ronald Kim (“Plaintiff”) alone filed the operative First Amended Complaint (“FAC.”) On July 6, 2017, Plaintiff filed a Proof of Service of Summons indicating that Defendant Sam Han International, Inc. (“SHI”) was served by substituted service on May 26, 2017. SHI now moves to quash service of summons on the grounds that it was not served according to any statutorily prescribed method of...

Excerpt: ...d Giunta (“Giunta”) on July 22, 2016. Hankey Capital's Complaint alleged that Giunta, as guarantor, defaulted on the payment of a loan. Giunta cross‐claimed. Hankey Capital prevailed on summary judgment as to its operative First Amended Complaint as well as Giunta's Cross‐Complaint. Judgment was entered on August 17, 2017 against Giunta. An Amended Judgment reflecting subsequently granted attorney's fees and costs was entered on December ...

Excerpt: ...inst Defendants Yoshimura Research & Development, Yoshimura Research and Development of America, Brad Stephens (“Stephens”), Briseida Hultz (“Hultz”), and David Lizama (“Lizama”) (Stephens and Hultz jointly referred to as “Defendants”). The Complaint alleges causes of action for breach of contract, wrongful termination, discrimination, harassment, intentional infliction of emotional distress, intentional misrepresentation, and vio...

Excerpt: ...oll (“Plaintiff”)'s motion to quash the deposition subpoenas issued by Defendant Pacifica of the Valley Corporation (“Defendant”) will be continued to a new date as set forth below. The Legislature recently passed AB 383, which adds Section 2016.080 to the Code of Civil Procedure, effective January 1, 2018. That section provides, at subdivision (a): “If an informal resolution is not reached by the parties, as described in Section 2016.0...

Excerpt: ... October 19, 2017 against Defendant F45 Training Incorporated (“Defendant”). Plaintiff's Complaint alleges causes of action for breach of contract, common law commercial misappropriation of name and likeness, and statutory commercial misappropriation of name and likeness (Civil Code § 3344). On November 20, 2017, Defendant filed its Verified Answer, alleging nine affirmative defenses. Plaintiff moves for judgment on the pleadings on the basi...

Excerpt: ...anuary 20, 2015, Plaintiff Frontline Capital, Inc. (“Plaintiff”) filed this action against, inter alia, Defendants Matt Wiltsey (“Wiltsey”), Merchant Processing Solutions, LLC (“MPS”), EMS Corporation (“EMS”), and Global Asset, LLC (“GA”) (collectively, “Defendants”). Plaintiff prevailed at trial and obtained a joint and several Court judgment against Defendants for $2,198,977.34. A “Second Corrected Judgment” was ente...

Excerpt: ...k Property Management (“WeLink”), and Jessica Thiele dba Thiele Properties (“Thiele”) (WeLink and Thiele jointly referred to as “Defendants”). Trial is currently scheduled for March 21, 2018. The Final Status Conference is currently scheduled for March 9, 2018. Plaintiff did not file an opposition to the instant motion. DISCUSSION Defendants request a trial continuance and contend that good cause exists for continuing trial because of...

Excerpt: ...LL's Motion to Strike is DENIED. BACKGROUND On September 27, 2017, Plaintiff Ricardo Pena (“Pena”) filed the instant employment action against Defendants State of California, Board of Trustees of the California State University (“Trustees”), California State University Los Angeles, and Rick Wall (“Wall”). The operative First Amended Complaint was filed November 16, 2017 and alleges causes of action for discrimination, harassment, fail...

Excerpt: ... stay for the purpose of allowing Plaintiff to file a Second Amended Complaint. Defendants Rastegar Law Group, APC and Farzad Rastegar (jointly, “Defendants”) filed a Notice of Non‐Opposition. Pursuant to CCP §473(a)(1), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” Amendment may be allowed at any time before or after commencement of trial. (CCP §576.) “[T]he co...

Excerpt: ... November 8, 2017. The Complaint asserts causes of action for: (1) breach of oral contract, (2) breach of implied covenant of good faith and fair dealing, (3) violation of Civil Code section 1785.25(a), (4) fraud, and (5) negligent misrepresentation. Activision now petitions the Court to compel arbitration pursuant to an arbitration agreement entered into by Plaintiff in connection with his employment. Activision also moves to stay this action pe...

Excerpt: ...iled this action against Defendants Linda Schermer (“Schermer”), as Trustee of The Surviving Trustor's Trust Under The Schermer Family Trust, Linda Schermer as Trustee of The Deceased Trustor's Trust Under The Schermer Family Trust, and Linda Schermer, as Trustee of The Marital Trust Under The Schermer Family Trust (collectively, “Defendants”). Duboff moves for summary judgment or summary adjudication. Defendants oppose. EVIDENCE The Cour...

Excerpt: ...“Plaintiff”) filed this action on November 14, 2016 against Defendants C‐Pak Sea Foods, Inc. (“Corp.”), C‐Pac Seafoods (“GP”), Benjamin William Gonzales, as an individual and Trustee of The Gonzales Family Trust of July 26, 1999 (“Gonzales”) (“Defendants”), and Gretel Arend Gonzales, as Trustee of The Gonzales Family Trust of July 26, 1999. The operative First Amended Complaint, filed December 6, 2016, asserts causes of ac...

Excerpt: ...ugh his successor in interest, Christina Tangikyan (“Plaintiff”) filed the instant complaint alleging a cause of action for elder abuse (“Complaint”). Plaintiff alleges that Defendant CHA Hollywood Medical Center, L.P. (“Defendant”) failed to provide appropriate care for decedent Harry Harutyun Tangikyan (“Tangikyan”), which resulted in his death. Defendant now demurs to the Complaint on the grounds of failure to state facts suffi...

Excerpt: ...rporation (“Paramount”). She filed the operative Second Amended Complaint (“SAC”) on October 27, 2017. The SAC alleges that Plaintiff was employed with Paramount as a Senior Manager for Paramount's International Theatrical Finance and Accounting Group from about December 2014 until her wrongful termination in December 2015. (SAC ¶ 13.) Plaintiff alleges that she was under considerable pressure from Paramount to have her nonexempt sta...

Excerpt: ...wner and three tenants – two marijuana dispensaries and a massage parlor – for various violations of the Los Angeles County Code, initiating the instant action, Case No. BC641872 (the “Lead Case”). On March 27, 2017, one of the dispensaries, Green Earth Collective dba Green Earth Center aka GEC (“GEC”) filed a lawsuit in the Torrance Branch of the Los Angeles Superior Court against the County, initiating Case No. YC071962 and alleging...

Excerpt: ...dants U.S. Bank National Association (“U.S. Bank”) and Wolf Law Firm (jointly, “Defendants”). On November 13, 2017, Zepeda filed the operative First Amended Complaint alleging the following causes of action: (1) wrongful foreclosure, (2) violation of CCP §2923.55, (3) violation of CCP § 2923.6, (4) unfair business practices, (5) negligent misrepresentation, (6) fraudulent concealment, (7) breach of contract, (8) breach of the covenant o...

Excerpt: ...Plaintiffs”) filed the operative Third Amended Complaint (“TAC”) on November 27, 2017 against Kevin Chen and Capital KCS, LLC (jointly “Defendants”). The TAC asserts one cause of action for breach of contract. Defendants demur to the TAC on the grounds of failure to state facts sufficient to constitute a cause of action, uncertainty, and the Statute of Frauds bar. Plaintiffs oppose. LEGAL STANDARD A demurrer can be used only to challeng...

Excerpt: ...n the Pleadings is GRANTED WITHOUT LEAVE TO AMEND as to the third, fourth, and sixth causes of action. Defendants' Motion for Summary Judgment or Summary Adjudication is OFF CALENDAR as moot.. BACKGROUND Plaintiff Tsann Kuen (Zhangzhou) Enterprise Co., Ltd (“Plaintiff”) filed this action on November 23, 2016, against Defendants MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, In...

Excerpt: ...e court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” “The ‘reference to section 128.5 in section 425.16, subdivision (c) means a court must use the procedures and apply the substantive standards of section 128.5 in deciding whether to award attorney fees under...

Excerpt: ...Defendants”), on December 22, 2016. The Complaint alleges that Vasquez worked in Defendants' warehouse in Torrance California. One of Vasquez's female coworkers began to have an affair with a male coworker, which became widely known by Defendants' employees. Some of these employees began to take pictures of the coworkers being affectionate with one another at work in around January 2016. Around the same time, the female coworker began to act ha...

Excerpt: ...(“Guinea”) filed this action against Defendant Six Flags Entertainment Corporation (“Six Flags”) and individual security guards alleged to be employees of Six Flags. The Complaint alleges the following causes of action: (1) racial discrimination in violation of the California Unruh Civil Rights Act (“Unruh Act”); (2) negligent hiring, training, and supervision, and (3) intentional infliction of emotional distress. Guinea alleges that ...

Excerpt: ...extrinsic mistake. Rios concedes that he was served with a copy of the Summons and Complaint on or about April 27, 2016. (Rios Decl., ¶ 7.) Rios states that he immediately called his attorney regarding the Summons and Complaint, and thereafter faxed a copy of the Summons and Complaint to his attorney (Rios Decl., ¶ 7.) Rios' then‐attorney does not recall receiving the Summons and Complaint (Lieber Decl., ¶ 5.) Rios states that he attempted t...

Excerpt: ...ile any amended complaint within twenty days of this Order. DISCUSSION Plaintiff Deborah Williams (“Plaintiff”) filed this action on April 14, 2016 against Defendants City of Downey (the “City”) and State of California, by and through the California Department of Transportation (“Caltrans”) (jointly “Defendants”). After a demurrer by the City was sustained, Plaintiff filed the operative First Amended Complaint (“FAC”) on May 2...

Excerpt: ...rike Complaint in Case No. YC071962 is CONTINUED. BACKGROUND Plaintiff County of Los Angeles (“County”) filed this action on November 23, 2016 for injunctive relief to abate public nuisances and violations of the California Penal Code and Los Angeles County Code. County seeks to permanently enjoin, inter alia, Defendants Cheung and Tan Family Trust, Jacky Chikkin Cheung, Trustee of the Cheung and Tan Family Trust dated March 12, 2010, Jacky C...

Excerpt: ... and $573.60 in costs. First, the Court finds that the Cross‐Complaint makes no allegation of a statutory or contractual basis for attorneys' fees; indeed, the Cross‐Complaint does not even pray for attorneys' fees. Accordingly, Plaintiff's request for such fees is denied. Second, the Court finds the declarations attached are insufficient to support the award requested. Plaintiff does not provide calculations to show how the $416,000 in past ...

Excerpt: ...untablecare Service Organization, LLC (“Plaintiff”) filed this action on March 15, 2016 against Defendants Andre Berger (“Berger”), Alex Foxman (“Foxman”), and National ACO, LLC (“National”) (collectively “Defendants”). The operative First Amended Complaint (“FAC”) alleges the following: In 2011, representatives of Plaintiff spent time investigating and preparing a business model for the formation of an Accountable Care Or...

Excerpt: ...) and its owner, Lawrence Appel (“Appel”) (jointly, “Defendants”). After Defendants' demurrer to the Complaint was sustained, Plaintiff filed the operative First Amended Complaint (“FAC”) on November 7, 2017. The gravamen of the FAC is that Defendants breached an agreement with Plaintiff which provided that she would be paid $15 per hour for providing in‐home care services for her parents. Plaintiff alleges that Defendants told her ...

Excerpt: ...s CONTINUED to allow the parties to participate in an Informal Discovery Conference. DISCUSSION Plaintiffs Martin Fuentes and Veronica Ramos (jointly, “Plaintiffs”)'s motion to compel Defendant Ford Motor Company to provide supplemental responses and code‐compliant verifications to Requests for Admission Nos. 18, 19, and 35 will be continued to a new date the court will provide at the hearing. Lead or other designated counsel for the partie...

Excerpt: ...to Plaintiff's Complaint is SUSTAINED WITH LEAVE TO AMEND. Defendants Bank of America, N.A. and U.S. Bank National Association's demurrer to Plaintiff's Complaint is SUSTAINED WITH LEAVE TO AMEND. BACKGROUND Plaintiffs Mark L. and Vicki Johnson (jointly, “Plaintiffs”) filed this action on June 13, 2017 against numerous Defendants, including Statebridge Company, LLC (“Statebridge”), Wilmington Savings Fund Society, FSB (“Wilmington”), ...

Excerpt: ...s‐Defendant International Mac Construction, Inc. (“Mac”) filed this action on May 16, 2016 against, inter alia, Little Tokyo Pet Clinic, Inc. (“Inc.”) Mac commenced the action to recover over $500,000.00 it is allegedly owed in connection with the construction of a veterinary clinic it allegedly built for Inc. In connection with its action, Mac filed a mechanic's lien against the property at which the construction was located (the “Pr...

Excerpt: ...ntiff SANTIAGO KADWEL'S motion for terminating sanctions is GRANTED. Plaintiff SANTIAGO KADWEL'S motions to compel responses to Request for Production of Documents, Set Two, Form Interrogatories, Set One (DISC‐001), and Special Interrogatories, Set Two, and motion to establish admissions are DENIED AS MOOT. Plaintiff SANTIAGO KADWEL'S motion for judgment against Defendant is GRANTED. Plaintiff's requests for monetary sanctions against Defendant...

Excerpt: ...r in CEO WIMMER's motion for terminating sanctions are both DENIED. However, due to the Plaintiff ALISON WINSTON'S delays in responding to discovery, Plaintiff is ORDERED to pay Defendant Ceo Wimmer $1,340.00 in monetary sanctions. BACKGROUND Plaintiff Alison Winston (“Plaintiff”) filed the instant action on November 14, 2016 against Defendants Ceo Wimmer (“Wimmer”), Welink Property Management (“Welink”), Jessica Thiele (“Thiele”)...

Excerpt: ...��) brought this action against her former attorneys, Douglas Linde (“Linde”) and Bradley I. Kramer (“Kramer”) (jointly, “Defendants”) in a medical malpractice suit, asserting that they committed legal malpractice, which caused a motion for summary judgment to be granted against her in the medical malpractice suit. Plaintiff asserts that Defendants failed in their obligations to her by failing to: (1) conduct any discovery in, (2) obt...

Excerpt: ...to file any amended complaint within twenty days of this order. BACKGROUND Plaintiff Ted Kim (“Plaintiff”) brought this action against Defendants Zip Stevenson (“Stevenson”) and Zip Stevenson LLC (the “LLC”) (jointly, “Defendants”) on July 26, 2017. The Complaint alleges that Plaintiff entered into a 10‐year leasehold with his former landlord on October 1, 2012, which leasehold was assigned to the LLC in January 2016. (Compl. ¶...