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: ...��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: ...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. ¶...