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: ...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: ...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: ...�). 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: ...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 ...