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: ...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: ...(“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: ...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: ...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: ... 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: ...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: ...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: ...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: ...) 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: ...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: ...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. ¶...