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: ... 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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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...