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: ...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: ...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: ...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: ...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: ...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: ... 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: ...$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: ...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: ...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: ...”) (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: ...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: ...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...