Excerpt: ...rike Portions of Plaintiff's Second Amended Complaint is GRANTED in part and DENIED in part, as stated below. BACKGROUND Plaintiff Mark Pittman filed this action against numerous Defendants including John Scott Pittman (“J.S. Pittman”), Steven Pittman (“S. Pittman”) and Chad Pittman (“C. Pittman”) (collectively, “Defendants”) on September 30, 2016. The operative Second Amended Complaint (“SAC”) was filed on November 03, 2017. ...

Excerpt: ...poena for Attendance at Deposition for Witness Patricia Martinez, and for Sanctions is GRANTED. Defendant JP Normandie Enterprise, LLC's Motion to Enforce Deposition Subpoena for Attendance at Deposition for Witness Luis Gutierrez, and for Sanctions is also GRANTED. BACKGROUND This case arises from a fire that occurred on June 18, 2014 in an apartment building located at 247 S. Normandie Avenue in Los Angeles, wherein Plaintiffs' family member di...

Excerpt: ...dant”) on June 7, 2017, alleging inter alia causes of action for various violations of the Fair Employment and Housing Act (“FEHA”). Defendant moves for judgment on the pleadings on the ground that Plaintiff's lawsuit was filed more than one year after Plaintiff was issued a right‐to‐sue letter by the Department of Fair Employment and Housing (“DFEH”). Plaintiff opposes. LEGAL STANDARD Pursuant to section 438 of the Code of Civil Pr...

Excerpt: ...ed this action on March 20, 2017 against Defendants Custom California Craft Beer, LLC (“Custom California” or “Defendant”) and Golden Road Brewery. The Complaint asserts causes of action for: 1) Labor code Section 970 violation, 2) breach of contract, 3) fraud, 4) intentional misrepresentation, 5) negligent misrepresentation, 6) promissory fraud, 7) wrongful termination, 8) intentional infliction of emotional distress; and 9) negligent in...

Excerpt: ...is action against a number of defendants (“Defendants”) on September 20, 2013. Plaintiff filed the First Amended Complaint (“FAC”) on April 14, 2017, and, after leave was granted by the Court, an amendment on May 12, 2017. On November 29, 2017, the court overruled in‐part and sustained in‐part Defendant Walter Kirk's demurrer to the FAC with leave to amend. Plaintiff filed the operative Second Amended Complaint (“SAC”) on December...

Excerpt: .... Lee and Pauline M. Lee as Trustees of The Howard and Pauline Lee Living Trust, and Jason J. Lee for damages over a commercial property lease dispute. Plaintiffs also seek a declaration that Joo exercised an option to extend the lease for 10 years at the same monthly rent. On January 19, 2017, Joo commenced this action. On March 8, 2017, the Court deemed this case related to LASC Case No. 17U01396, an unlawful detainer action by Howard Lee again...

Excerpt: ...o”), and Tirso George Jr (“Jr”) (collectively, the “Plaintiffs”) brought this suit against Defendants Morton Forshpan (“Morton”), Forshpan Capital, LLC (“Forshpan Capital”), and Bear Valley Properties, LLC (“BVP”) on December 2, 2016. Plaintiffs allege they were approached by Morton to invest in a property development project known as Victorville Oasis, LLC (“Victorville Oasis”). (Complaint ¶ 1.) Plaintiffs allege that ...

Excerpt: ...on on February 14, 2014. On April 26, 2017, Plaintiff and Defendants Gideon Needleman, Sunny Needlman, Perlight Sales North America, LLC, and Zebra‐Energy, LLC (collectively, “Defendants”), entered into a stipulated agreement wherein they agreed that the matter would be dismissed as to those parties, but that the Court shall retain jurisdiction to hear a post‐arbitration petition to either affirm or vacate any such arbitration award. Plai...

Excerpt: ...thout objections within 20 days of notice of this Order. Plaintiff is ORDERED to pay monetary sanctions to WeLink Defendants by and through counsel, within 30 days of notice of this Order. The truth of all matters specified in WeLink Defendants' first set of Requests for Admission are deemed ADMITTED. BACKGROUND Plaintiff Alison Winston (“Plaintiff”) filed the instant action on November 14, 2016 against Defendants Ceo Wimmer (“Wimmer”), W...

Excerpt: ... Order. BACKGROUND Plaintiff Jiinmi Kim (“Plaintiff”) brought this action against Defendants Hae Ryong Kim (“Kim”) and L.A. Capital Bank, Inc. (“Bank”) (jointly, “Defendants”) on April 12, 2017. Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 29, 2017. The gravamen of the SAC appears to be that L.A. Capital Bank issued a loan to a third party who forged Plaintiff's signature under a forged notarizati...

Excerpt: ...laintiff Greg Williams (“Plaintiff”)'s motion to compel Defendant BMW of North America, LLC to produce further documents 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...

Excerpt: ...ion for leave to file amended answer is GRANTED. BACKGROUND Plaintiff Bonnie Duboff (“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 Schermer Family Trust, Linda Schermer as Trustee of The Deceased Trustor's Trust Under The Schermer Family Trust, and Linda Schermer, as Trust...

Excerpt: ...n award is DENIED. BACKGROUND Plaintiff Leanne Flashberg (“Plaintiff”) brought this legal malpractice action against Defendants Carney Shegarian, Shegarian & Associates, Inc., William N. Woodson III, and Law Offices of William N. Woodson III (collectively, “Defendants”) on April 28, 2014. Pursuant to an agreement between the parties, the controversy was arbitrated before arbitrator Alexander Polsky, Esq. (“Arbitrator”) with JAMS betwe...

Excerpt: ...against Defendant Wescom Central Credit Union (“Defendant”) for various violations of the Labor Code, the Business and Professions Code, and certain Wage Orders. Plaintiff filed the operative Second Amended Complaint (“SAC”) on April 1, 2016. The SAC alleges causes of action for: 1) Failure to Pay Earned Wages, Including Overtime Compensation (Labor Code 55204, 210, 510, 558, 1194, 1198, 2698 et seq., and IWC Wage Order No. 4‐2001); 2) ...

Excerpt: ...inst Defendants City of Pasadena (“Pasadena”) and Bertral Washington (“Washington”) (jointly, “Defendants”) on August 17, 2017. The operative Second Amended Complaint (“SAC”) was filed on November 3, 2017. Plaintiff alleges that she first worked as an Account Manager for the Pasadena Department of Water and Power, and then became a Management Analyst in the Pasadena Fire Department. (SAC ¶ 16.) Plaintiff alleges that she sustaine...

Excerpt: ...ecting $20,000,000 in general damages and $200,000.00 in special damages. 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 witness to the events that gave rise to this action. Plaintiffs further do not submit any authority that verified discovery responses are sufficient to support a default judgment request. Relatedly, Plaintiffs ha...

Excerpt: ...on Ho Park (“Park”) (jointly “Defendants”). Plaintiff filed proofs of service of summons on January 6 and 9, 2017 which indicate that Defendants was served by substituted service on December 30, 2016 at 505 N. Figueroa St. Apt. 858N, Los Angeles, CA 90012. Neither Defendant responded to the Complaint in a timely manner and their defaults were entered on February 16, 2017. Default judgment was entered against both Defendants on July 19, 20...

Excerpt: ... is GRANTED. Plaintiff is ORDERED to respond to Defendant's requests within 30 days of notice of this Order. Plaintiff is ORDERED to pay monetary sanctions in the amount of $1,000.00 to Defendant within 30 days of notice of this Order. BACKGROUND Plaintiff Victoria Jacobsen (“Plaintiff”) filed the instant employment action on January 5, 2017 against Defendant Southern California Gas Company (“Defendant”). On July 28, 2017, Defendant serve...

Excerpt: .... Cross‐Complainant JOHN BEGINI is ORDERED to file any amended complaint within twenty days of this Order. 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 fencin...

Excerpt: ...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 declaration stating in general terms...

Excerpt: ...16. 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 Cari also allege that Begini's property has maintained unsafe, illegal, or defective conditions and items, such as, inter alia, commercial and/or industrial waste items, vehicles leakin...