Excerpt: ...ssion of certain equipment and now seeks judgment in a different amount. Although the Court finds that the supplemental declarations are sufficient to support the judgment requested, the default judgment package itself is incomplete. For one, there is no Request for Entry of Court Judgment (Form CIV-100) reflecting the new amount of judgment sought. Secondly, there is no interest computation as required by California Rules of Court, rule 3.1800. ...

Excerpt: ...ff”) filed this action on April 21, 2017 against Defendants Home Management Care, Inc. (“HMCI”) and its owner, Lawrence Appel (“Appel”) (jointly, “Defendants”). The gravamen of the operative Second Amended Complaint (“SAC”) 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 a non...

Excerpt: ...olation 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 $144,045.00, reflecting $143,500.00 as demanded in the Cross-Complaint and $545.00 in costs. The Court notes, however, th...

Excerpt: ...ndries Motors, dba Bob Wondries Ford (“Bob Wondries”) (jointly, “Defendants”). The operative First Amended Complaint (“FAC”) 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. Garay alleges that he purchased a new 2013 Ford Focus (the “Subject Vehicle”) from Bob Wondries (and manufactu...

Excerpt: ... 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 “Property”). Inc. subsequent...

Excerpt: ... Crane's Motion for Order Staying Case and Appointing Appraisers Pursuant to Corporations Code § 2000 is GRANTED. BACKGROUND On November 13, 2017, Plaintiff Brian W. Crane, Trustee of the Crane Family Trust for the Benefit of Brian W. Crane (“Plaintiff”) filed a complaint for dissolution of R.R. Crane Investment Corporation, Inc. (“R.R. Crane”). Thereafter, on January 5, 2018, R.R. Crane filed a Notice of Exercise of Right to Purchase Sh...

Excerpt: ...ark LaBrea Titleholder, LLC (collectively, “Defendants”). The instant case has been related with Diane Bell v. PLB Management, Case No. BC606221 (the “Bell Action”). Both cases arise out of claims involving a bedbug infestation at the same apartment complex. Plaintiffs now move to consolidate this action with the Bell Action for all purposes. Defendants oppose. LEGAL STANDARD Code of Civil Procedure section 1048 grants discretion to trial...

Excerpt: ...MEND as to the ninth and tenth causes of action; and GRANTED WITHOUT LEAVE TO AMEND as to the fourth and twelfth causes of action. BACKGROUND Plaintiff Ani Djourian (“Plaintiff”) initiated this employment action on June 2, 2017, against Defendants Big Lots Stores, Inc. (“Big Lots”), PNS Stores, Inc. (“PNS”), Mani Algarsami (“Algarsami”), and Letty Jeric (“Jeric”) (collectively, “Defendants”). Defendants now move for judgme...

Excerpt: ...��) on August 10, 2017. The Complaint asserts a cause of action for partition by sale of three commercial properties, for an accounting as the property located at 1214 N. Wilmington Ave., Compton, CA (“Wilmington Property”), and for declaratory relief as to the parties' respective rights to the rent earned from the Wilmington Property. Borkes filed a Cross-Complaint on January 9, 2018. Norwest now moves for leave to file a First Amended Compl...

Excerpt: ...laint asserts causes of action for failure to provide meal/rest breaks, failure to pay all wages due upon separation from employment, failure to provide accurate wage statements, wrongful termination in violation of public policy, violation of Labor Code section 1102.5, violation of Labor Code section 6310, and failure to reimburse business expenses. Defendant now demurs to all causes of action. Plaintiff opposes. LEGAL STANDARD A demurrer can be...

Excerpt: ...Y MIDLAND CONSTRUCTION and Cross-Defendant HAMPSTEAD HEATH LLC are entitled to an award of $55,518.12 in attorney's fees. Insofar as Plaintiff and Cross-Defendant REGENCY MIDLAND CONSTRUCTION and Cross- Defendant HAMPSTEAD HEATH LLC's Motion seeks an award of costs, such request is DENIED. BACKGROUND Plaintiff and Cross-Defendant Regency Midland Construction (“Regency”) and Cross-Defendant Hampstead Heath LLC (“Hampstead”) (jointly, the �...

Excerpt: ...rounds that Reppert lacked actual notice of this lawsuit in time to defend himself, and on the grounds that default was obtained by surprise. Plaintiff Juan Munoz (“Munoz”) opposes. DISCUSSION Munoz opposes the instant motion on the grounds that Reppert failed to identify Code of Civil Procedure section 473.5 in his notice of motion. However, as noted by Reppert in his reply brief, “[t]he failure to expressly state a ground for recovery doe...

Excerpt: ...e County now moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's claims for discrimination, failure to prevent discrimination, failure to accommodate, failure to engage in the interactive process, and retaliation. Plaintiff opposes. EVIDENCE The Court rules on the County's evidentiary objections, as follows: Declaration of Josephine Shum:  No. 1 is sustained.  No. 2 is sustained.  No. 3 is sustained. De...

Excerpt: ... for Plaintiff Alberta L. White (“A. White”), and individually (jointly, “Plaintiffs”), against a number of defendants, including Defendants Fh & Hf-Torrance I, LLC, dba Sunnyside Nursing Center (“Defendant”) May 5, 2017. The gravamen of the Complaint is that Defendant failed to provide A. White with the care and treatment to which she was entitled as an elderly dependent by failing to prevent her from suffering avoidable infections a...

Excerpt: ...ntiff”) moves for issuance of a letter of request/rogatory regarding a deposition and document requests directed to third party InterConnect Communications, Ltd. (“ICC”). Defendant Internet Corporation for Assigned Names and Numbers (“ICANN”) opposes. DISCUSSION “A letter rogatory is a judicial request addressed to a foreign court that a witness be examined within the latter's territorial jurisdiction by written interrogatories or...

Excerpt: ...$7,020 Plaintiff William M. Dorfman D.D.S's motion for an order to show cause re: contempt and/or for discovery sanctions for violation of the Court's 9-8-17 and 12-19-17 discovery orders is DENIED IN PART and GRANTED IN PART. Defendant Michael D. Kosdon, D.D.S.'s Motion to Compel Further Responses to Request for Production of Documents, Set Three, from Plaintiff is GRANTED. Defendant's request for sanctions is DENIED. BACKGROUND Plaintiff Willia...

Excerpt: ...don (“Plaintiff”) and Defendant Mercedes-Benz USA, LLC (“MBUSA”) have reached a compromise for repurchase of the subject vehicle pursuant to Code of Civil Procedure section 998. However, one of the terms of the compromise is that the parties would seek Court intervention in the event that no agreement regarding a mileage deduction could be reached. As the parties now submit that no agreement regarding a mileage deduction was reached, Plai...

Excerpt: ...o Plaintiffs' First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Defendants' Motion to Strike Portions of Plaintiffs' First Amended Complaint is DENIED AS MOOT. BACKGROUND Plaintiffs Mark L. and Vicki Johnson (jointly, “Plaintiffs”) filed this action on June 13, 2017 against, inter alia, Defendants Statebridge Company, LLC (“Statebridge”), Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust (“Trust”), and Servis One, I...

Excerpt: ...t H&A, LLC (jointly “Defendants”). The Complaint asserts causes of action for quiet title and cancellation of instruments. Plaintiff now moves for an order cancelling the Trustee's Deed Upon Sale recorded by Falcon. No opposition to the motion was filed. According to the Proof of Service of Summons filed by Plaintiff, Defendants were served with the Complaint and Summons on April 11, 2018. DISCUSSION Plaintiff contends that Falcon fraudulentl...

Excerpt: ...”) (jointly, “Defendants”). On February 26, 2015, Canko filed a Cross‐Complaint against King asserting a cause of action for fraud. Plaintiff now moves for judgment on the pleadings on the basis that the Cross‐Complaint does not state facts sufficient to constitute a cause of action for fraud. Canko opposes. EVIDENCE The Court sustains Canko's evidentiary objections to Exhibits 1 and 2 of the Declaration of Counsel in Support of the Mot...

Excerpt: ...dant KYUNG SOOK CHANG and Cross‐Defendant CHUL KYU CHANG's Motion to Strike Punitive Damages and Certain Other Allegations from Cross‐Complaint is CONTINUED. BACKGROUND Plaintiff and Cross‐Defendant Kyung Sook Chang and Cross‐Defendant Chul Kyu Chang (jointly, “Cross‐Defendants”) demur to the second, fourth, fifth, and seventh causes of action in the Cross‐ Complaint filed against them by Defendant and Cross‐Complainant Peter Oh...

Excerpt: ...liam C. Higgins (collectively, “Plaintiffs”) initiated the instant action on May 15, 2015 against Defendants Arthur Higgins, Arthur Higgins as Trustee of the Higgins Family Trust, Bahia Nightclub, Inc., Mark Higgins, and Michael Higgins (collectively, “Defendants”). On December 4, 2017, the Court granted Defendants' motion for summary judgment, and on January 23, 2018, the Court entered judgment in favor of Defendants. On February 8, 2018...

Excerpt: ...76 (1961) DEFENDANT: This motion is deficient under Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 671, fn. 3. Further, California law does not impose a continuing duty on a party to supplement their interrogatory or document request responses and plaintiff failed to propound supplemental discovery. If motion is granted, it should be applicable to plaintiff as well. COURT RULING: GRANTED as to both parties, unless good cause establi...

Excerpt: ...fs”) 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 Au...

Excerpt: ...t Josh Radnor, Trustee of the Josh Radnor Trust (“Radnor”). The gravamen of the Complaint is a dispute over an express easement on residential property. The Complaint asserts causes of action for declaratory relief, quiet title, injunctive relief, and trespass. Plaintiff now moves for an order enjoining Radnor from continued use of the subject easement. Specifically, Plaintiff seeks to enjoin Radnor from using the wood deck and built‐in sea...

Excerpt: ...Amallal to Appear & Testify at Deposition and Request for Sanctions are CONTINUED to a date to be discussed at the hearing. DISCUSSION Plaintiff Alonso Bonilla's (“Plaintiff”) motions for an order compelling the depositions of the PMK's of Defendants World Karma and Commerce Logistic Center, LLC 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 Procedur...

Excerpt: ...PREJUDICE. BACKGROUND Plaintiff Victoria Jacobsen (“Plaintiff”) filed the instant employment action on January 5, 2017 against Defendant Southern California Gas Company (“Defendant”). On January 11, 2018, the Court granted Defendant's unopposed motion to compel Plaintiff to respond to Defendant's Requests for Production of Documents and to pay monetary sanctions in the amount of $1,000.00 within 30 days of notice of the order. Neither Def...

Excerpt: ...John Begini, alleging causes of action for (1) Trespass; (2) Ejectment; and (3) Nuisance. Plaintiffs allege that Defendant have continuously and repeatedly trespassed on Plaintiffs' property by placing trailers, fencing, and other items on the premises, impeding Plaintiffs' access to and use of the property. On March 26, 2018, Defendant moved for judgment on the pleadings as to all three causes of action of the Complaint on the grounds that Plain...

Excerpt: ...��). Plaintiffs seek an award of $34,962.76, reflecting $32,881.32 in holdover damages and past due rent, $705 in costs, and $1,376.44 in attorneys' fees. The Court notes that Plaintiff has failed to correct a defect with its default judgment package. Plaintiff requests special damages for the fair rental value of the subject premises; however, the Complaint makes no request for special damages. (See Compl., ¶ 17.) The Court may not award damage...

Excerpt: ...st 2007‐4 Asset Backed Certificates Series 2007‐4; Western Progressive LLC; Ocwen Loan Servicing, LLC; Ocwen Financial Corporation Inc.; Wells Fargo Bank, N.A.; Charter Capital Corporation; Wedgewood Inc.; all persons or entities with any interest in real property located at the address known as 1524 South Spaulding Ave., Los Angeles, California 90019; and Does 1‐20 for (1) constructive trust; (2) temporary restraining order and preliminary...

Excerpt: ...ant's Motion for Renewal of Application for Summary Judgment is DENIED. Defendant's Motion for Severance of Exhaustion Issue at Trial is GRANTED. BACKGROUND Plaintiffs Joseph Rivera, Jim Azpilicueta, Anthony Gonzalez, Steve Johnson, Nancy Ogle, and Mike Rosario (collectively, “Plaintiffs”) filed this action on March 3, 2015 against Defendant City of Whittier (“Defendant”). The gravamen of the Complaint is that Plaintiffs were retaliated a...

Excerpt: ...“Plaintiff”) filed this action on July 9, 2015 against numerous defendants. On that same date, Plaintiff filed a Notice of Pendency of Action (lis pendens) on the property described below. Plaintiff filed the operative Third Amended Complaint (“TAC”) on October 6, 2017. This action arises from a dispute over a mortgage on real property located in Los Angeles (the “Property”). Plaintiff alleges that, on June 17, 2005, she borrowed $382...

Excerpt: ...One (1), Form Interrogatories Employment 214.1 Set One (1), and Request for Production Of Documents 15‐17 and 20‐28 Set One (1) is GRANTED. Plaintiffs' Request for Sanctions is DENIED. BACKGROUND Plaintiffs Jacob Blalock and 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 (Chartoff), John “Jack...

Excerpt: ... asserts causes of action for battery, assault, negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, and certain statutory violation, stemming from a sexual encounter between Plaintiff and Defendant that was allegedly non‐consensual and violent, culminating in the alleged anal rape of Plaintiff. Plaintiff seeks punitive damages from Defendant and now moves for an order permitting discovery into D...

Excerpt: ...ded Cross‐Complaint is DENIED. BACKGROUND Cross‐Complainant Yaakov Dovid Jacob Binstok (“Binstok”) filed the operative First Amended Cross‐Complaint on January 9, 2018, asserting causes of action for breach of contract, fraudulent concealment, fraudulent misrepresentation, negligent concealment, and negligent misrepresentation (the “FACC”) against Cross‐Defendant North American Machinery Movers, Inc. (“NAMM”). NAMM now move to...

Excerpt: ...plaint asserts causes of action for breach of contract and fraud in the inducement “Complaint”). The gravamen of the Complaint is Defendant's alleged refusal to vacate property rented from Plaintiffs pursuant to the subject lease agreement. Defendant now demurs to the Complaint on the grounds that it seeks damages stemming from provisions in the subject lease agreement that are void. Plaintiff opposes. DISCUSSION A demurrer can be used only t...

Excerpt: ...ed at the hearing. DISCUSSION Plaintiff William M. Dorfman, D.D.S.'s (“Plaintiff”) motion for an order compelling the resumption of the deposition of Defendant and Cross‐Complainant Patti Cantor 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 resolutio...

Excerpt: ... common count – goods sold and delivered, and common count – account stated. Defendant now moves to strike portions of the Complaint. No opposition to the motion was filed; Defendant filed a Notice of Non‐Opposition on March 27, 2018. 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 practic...

Excerpt: ...Life Recovery Centers, Inc. The Court notes the following issues with Plaintiffs' default judgment packet:  Plaintiffs request $22,750.00 in interest, calculated on a per month basis, from the date of the last payment made pursuant to the subject agreement (November 30, 2016) and the date the default judgment package was originally filed (January 4, 2018). Because this calculation does not take into account the time elapsed between January 4, ...

Excerpt: ...te to be discussed at the hearing. DISCUSSION Plaintiff Glenn Spears' (“Plaintiff”) motion to compel further responses by Defendant Smart & Final Logistics LLC (“Defendant”) to Requests for Production of Documents, Set Two 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...

Excerpt: ...s of 245 Spalding Partners, L.P., filed 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”). MOTION TO BE RELIEVED AS COUNSEL Defendants' counsel HFL Law...

Excerpt: ...�). Plaintiffs seek an award of $34,962.76, reflecting $32,881.32 in holdover damages and past due rent, $705 in costs, and $1,376.44 in attorneys' fees. The Court notes a number of defects with Plaintiff's submitted default judgment package. First, Plaintiff requests special damages for the fair rental value of the subject premises; however, the Complaint makes no request for special damages. (See Compl., ¶ 17.) The Court may not award damages ...

Excerpt: ...n to Compel Defendant Seedling USA, Inc.'s Further Responses to Requests for Production of Documents, Set One; and (3) Motion to Compel Defendant Seedling USA, Inc.'s Further Responses to Form Interrogatories, Set One is CONTINUED to allow the parties to participate in an Informal Discovery Conference. DISCUSSION Plaintiff Century Group International, Inc. (“Plaintiff”)'s motion to compel further responses by Defendant Seedling USA, Inc. (“...

Excerpt: ...GRANTED. BACKGROUND 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”). In the operative Second Amended Complaint (“SAC”) filed on January 26, 2018, Plaintiff asserts causes of action for (1) violation of Government Code §§4450 et seq....

Excerpt: ...inst Defendants City of Los Angeles (the “City”) and City of Los Angeles Bureau of Sanitation (“Bureau”) (jointly, “Defendants”). The operative Second Amended Complaint (“SAC”) was filed on November 29, 2017. The SAC asserts causes of action for (1) perceived and/or age harassment, discrimination, and retaliation in violation of Government Code §§12940 and 12941 et seq. (“FEHA”); (2) perceived and/or sex harassment, discrimi...

Excerpt: ...g $20,000,000 in general damages and $200,000.00 in special damages. The Court notes that Plaintiffs have failed resubmit a default judgment packet that sufficiently corrects the deficiencies identified by the Court in its January 11, 2018 Order. The deficiencies are as follows: Plaintiffs have not submitted a percipient witness declaration pursuant to CRC 3.1800(1)(2). Declaration by counsel is insufficient, as counsel is not a percipient witnes...

Excerpt: ...t One (1), and Request for Sanctions Against Defendant West Coast Organic Modernism, Inc. is GRANTED. BACKGROUND Plaintiff Sahabeddin Turan (“Plaintiff”) filed this employment action on January 31, 2017 against Defendants West Coast Organic Modernism, Inc. (“WCOM”) and Organic Modernism, Inc. (jointly, “Defendants”). Plaintiff's operative First Amended Complaint (“FAC”) asserts various wage and hour causes of action as well as FEH...

Excerpt: ...�submitted a default judgment packet. The Court finds that one deficiency has still not been addressed by Plaintiff – there are still no facts that account for Plaintiff's taking possession of the equipment that was purchased with the loaned funds. Plaintiff alleges that it loaned a certain amount to Defendant to purchase certain equipment pursuant to a loan and security agreement, and that after Defendant's default, Plaintiff took possession o...

Excerpt: ...��)'s motion for protective order 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 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's...

Excerpt: ...nd default has been entered against Defendant. On January 10, 2018, Plaintiff did not appear at the hearing on an Order to Show Cause re: Failure to File Default Judgment and noted that no default judgment packet has been submitted. As a result, the Court issued an Order to Show Cause re: Dismissal or $500 Sanctions for Plaintiff's Failure to Appear or Prosecute, which hearing was set for February 15, 2018. On February 15, 2018, Plaintiff failed ...