Excerpt: ...rt Rico and Lawrence Hanna, both of whom are attorneys with managerial roles for the Police Protective League. Plaintiff alleg es that Defendants published defamatory statements accusing Plaintiff of ethical and professional wrongdoings in relation to Plaintiff's representation of a Los Angeles police officer. Plaintiff brings claims against each defendant for libel per se and interference with economic relationship. On January 1, 2024, Defendant...

Excerpt: ...real property after being the highest bidder at a Trustee's foreclosure sale on September 8 , 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, en joining any non -judicial foreclosure action against the property. It is further alleged that on Octob...

Excerpt: ...professional negligence by, among other things, representing them in matters despite the existence of an undisclosed conflict. Defendants Yongduk Chung; JC&Company Law Corporation; JC&Company, Inc.; JC&Company PC; and JC&Company, LLP now move to strike portions of the Second Amended Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion to Strike is GRANTED without leave to amend. Defendants are to file an Answer to the SAC (as modif...

Excerpt: ...imited to, AdSense “Auto Ads”; Google Ad Manager; Google Ad Exchange; Google Ads; and DV360, all without compensation to ReactX. Defendant Google now moves for summary adjudication of the First, Second, and Third Causes of Action in the Second Amended Complaint. Plaintiff ReactX opposed. TENTATIVE RULING: Google's Motion for Summary Adjudication is DENIED. ReactX is ordered to give notice. DISCUSSION: Motion for Summary Adjudication I. Judici...

Excerpt: ...ed,” asserts 50 causes of action against Defendant Kohls Department Stores, Inc., and various other Defendants. Defendants Kohl's, Inc., Michelle D. Gass, Louis Bellassai, and Le Dabney now move to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Specially-Appearing Defendants' Motion to Quash Service is GRANTED. Specially-Appearing Defendants' Motion to Dismiss Under CCP §§ 583.410 and 583.420 is DENIED WITHOUT...

Excerpt: ...emises suffered a sewer back-up incident causing excessive damages. Plaintiff also alleges the Association acted in bad faith by promulgating proposed rule changes h armful to Plaintiff and in violation of applicable laws. Plaintiff asserts claims against 4220 Bellflower, Inc., the association's president, and the property manager for (1) negligence, (2) violation of Davis-Stirling Common Interest Development Act, (3) Violation of CC&Rs, (4) inte...

Excerpt: ... for a commercial property. On September 14, 2023, and October 6, 2023, the clerk entered the defaults of Defendants Dumlao and Bernardo, respectively. Defendants now move to set aside the defaults pursuant to the discretionary provision of CCP § 473(b). Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Set Aside the Defaults is GRANTED. Defendants are to file and serve, as a stand-alone pleading, the proposed Answer contained in Exhibi...

Excerpt: ...efendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On August 21, 2023, this court granted Defendant's motion to set aside his default, and on September 13, 2023, amended the order to require that Plaintiff properly re- serve the Defendant as provided by law. Defendant now moves to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Defendant's Motion to Quash...

Excerpt: ...ry relief. Plaintiff, a construction contractor, alleges it entered into a written contract with Defendant to repair or remodel Defendant's pool. When issues arose after the repair, Plaintiff alleges Defendant concealed the issues and instead, filed a complaint against Plaintiff's contractor's bond demanding repayment and a replacement. Plaintiff alleges that any da mage to the pool was the result of Defendant's own conduct or those of other hire...

Excerpt: ...c Building Services, alleging age discrimination and wrongful termination. On September 23, 2021, Judge Charles Lee granted Defendant's motion to compel arbitration. Defendant now moves for an order consolidating the arbitration proceeding with another arbitration proceeding, to wit, Guzman v. ProTec Association Services, American Arbitration Association Case No. 01-22 -0004 -6858, before Eric Epstein, Esq. (currently st ayed in Los Angeles Super...

Excerpt: ... is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property th rough Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and risks inherent in owning an apartment business renting to tenant...

Excerpt: ...nt 727 Westbourne Vila B, LP, and managed by Defendant Moss Management Services. Before April 2022, Def endant Westbourne Venture owned the property, and Defendant Shapiro Property Management managed it. During Plaintiff's tenancy beginning in 2015, Plaintiff alleges his unit has exhibited habitability issues and substandard conditions, including insect infestation and intermittent disruptions to water supply and electricity, among other things. ...

Excerpt: ...ts Los Angeles County Metropolitan Transportation Authority (“Metro”) and Public Transportation Services Corporation (“PTSC”) hired him as Deputy Chief System Security and Law Enforcement Officer. Plaintiff alleges Defendants terminated him after he made complaints to his superiors about bus driver safety, and for informing the bus drivers of solutions Plaintiff would move to implement to protect them. Plaintiff also alleges Defendants, o...

Excerpt: ...ment with Defendant Collective Pharm, Inc. (“Collective”) whereby Collective settled to pay $184,921.00. Plaintiff furt her alleges that Defendant has failed to make required payments under the Agreement. Plaintiff brings claims against Collective for (1) breach of contract, (2) open book account, (3) account stated, and (4) unjust enrichment. On April 19, 2022, Plaintiff filed a First Amended Complaint. Plaintiff alleges that after Plaintiff...

Excerpt: ...ighest bidder at a Trustee's foreclosure sale on September 8 , 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, en joining any non- judicial foreclosure action against the property. It is further alleged that on October 6, 2021, Defendant AWBCO rec...

Excerpt: ...a worked for Defendant Cooperative of American Physicians, Inc. Plaintiffs allege Defendant terminated their employment after Plaintiffs reported that a fellow employee had engaged in a scheme to steal money and product from Defendant. Plaintiffs bring causes of action for (1) violation of Labor Code section 1102.5, (2) wrongful termination in violation of public policy, and (3) defamation. Defendant now moves to quash Plaintiffs' deposition subp...

Excerpt: ... California IVF Fertility Center and its donor embryo program (collectively, “Defendants”.) After becoming pregnant using in vitro fertilization, Plaintiff gave birth to twin boys on April 1, 2022. One of the children, A.W., was born with life threatening ailments, and died two months after birth. I.W., the surviving twin, also suffers from several genetic diseases. Plaintiff alleges that Defendants failed to properly vet and maintain an accu...

Excerpt: ...Defendant Booftech, LLC dba 2020HIEFFECT. On October 13, 2021, Plaintiff added Ryan Derouchey and Sunshine Ways Inc. as doe defendants. On December 14, 2021, Plaintiff filed a First Amended Complaint, adding Alexis Gonzalez as a new Defendant. Defendants Alexis Gonzalez and Booftech now move for an order dismissing Defendant Ryan Derouchey due to Plaintiff's failure to serve Derouchey within 3 years. Plaintiff opposed. TENTATIVE RULING: Defendant...

Excerpt: ...scrimination Based on Sex (Pregnancy) in Violation of Government Code § 12940(a); (2) Disability Discrimination in Violation of Government Code § 12940(a); (3) Failure to Accommodate in Violation of Government Code § 12940(m); (4) Failure to Engage in the Interactive Process in Violation of Government Code § 12940(n); (5) Failure to Prevent Discrimination in Violation of Government Code § 12940(k); and (6) Retaliation in Violation of Governm...

Excerpt: ...ia. (SAC ¶ 16.) In September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3) Conversion, (4) Negligent Mis...

Excerpt: ...tant Act. Defendant Luther Linton was dismissed on August 13, 2021. After a bench trial on March 7 and 8, 2022, the court issued an informal statement of decision on April 7, 2022, finding in favor of Plaintiff. Judgment for Plaintiff and against Defendants was entered on April 29, 2022. The court permanently enjoined Def endants from violating the Immigration Consultants Act for a period of ten years. Defendants now move to tax the postjudgment ...

Excerpt: ...d Yokhevet, LLC RESPONDING PARTY(S): (1) & (2): Plaintiff Allstate Insurance Company STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Allstate Insurance Company brings this action on behalf of itself and the State of California under the California Insurance Frauds Prevention Act and the Unfair Competition Law. Plaintiff alleges that Defendants Jaklin Benji, Mathew Rashidi, Michael Rashidi, Precise MRI Corp., and Yokhevet, LLC — who ar...

Excerpt: ..., and Quest HealthConnect, LLC. Plaintiff alleges she experienced harassment and discrimination at work based on her sex and gender, and was then subjected to a retaliatory and discriminatory constructive discharge after complaining of same. Plaintiff brings causes of action against Defendants for (1) Hostile Work Environment Harassment in Violation of FEHA; (2) Retaliation in Violation of FEHA; (3) Discrimination in Violation of FEHA; and (4) Wr...

Excerpt: ...eir unit exhibits insect infestations, visible mold and mildew, leaking walls, and defective plumbing. Despite requests, Defendants have allegedly failed to remedy these defects. Plaintiffs bring causes of action against Defendants for (1) breach of contract, (2) breach of implied warranty of habitability, (3) nuisance, (4) IIED, and (5) negligence. Defendant now demurrers to the First, Second, Third, and Fourth Causes of Action. Defendant also m...

Excerpt: ...ater as a District Representative. Plaintiff alleges Defendants terminated his employment immediately after returning from medical leave. Plaintiff brings causes of action for (1) Disability Discrimination (Cal. Gov't Code § 12940(a)) and (b), (2) Failure to Accommodate (Cal. Gov't Code § 12940(m)), (3) Retaliation/Discrimination for Requesting Accommodation (Cal. Gov't Code § 12940(m)(2), (4) Failure to Engage in an Interactive Process (Cal. ...

Excerpt: ...ractices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleged that LACAUSA and XCVI entered into an asset purchase agreement (“APA”) on August 8, 2019. In connection with the APA, Defendant Lorber and XCVI entered into a guaranty (“Guaranty”) whereby Lorber guaranteed LACAUSA's obligations under the APA, on August 8, 2019. Pursuant to the APA, LACAUSA was to pay XCVI a total of $727,982.97 as follows: (1) $250,000 for Trademar...

Excerpt: ... suffered from a physical disability from injuries sustained at work. Plaintiff also alleges he faced sexual harassment from coworkers, which he reported to GSF. Plaintiff alleges Defendant GSF wrongful terminated his employment because of his physical disability and/or complaints of sexual harassment. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's ...

Excerpt: ...fendant Yuan Luo after an accident. Attorney Defendants Eric Chen and Ying Xu represented Defendant Luo in a personal injury action. Plaintiffs allege they obtained a medical lien for the treatment against all Defendants. After the matter settled, Plaintiffs allege that Defendants have failed to pay the amounts owed under the liens. Plaintiffs bring causes of action for (1) bre ach of contract, (2) book account, (3) account stated, (4) accounting...

Excerpt: ...d by Defendant Abbey Apartments, L.P, and managed by Defendant SRHT Property Management Company. Plaintiffs asse rts causes of action for (1) breach of the warranty of habitability, (2) tortious breach of the implied warranty of habitability, (3) negligence, (4) private nuisance, (5) violation of California Civil Code Section 1942.4, (6) violation of Unfair Business Practices, and (7) tenant harassment. Defendants now demur to the First, Fourth, ...

Excerpt: ...eph Ryu, a former Sky employee, has misappropriated Sky's trade secrets. Lyoo filed a Cross -Complaint against Sky and Hyoungtae Kim for (1) slander per se, (2) violation of Labor Code sections 1050- 1054, (3) interference with prospective economic damages, and (4) interference with contractual relationship. On April 17, 2023, Plaintiff filed various doe amendments adding Gyumyeong Chae, Salt International Co., LTD., Sooah Chae, Jihyun Seo, Daeyo...

Excerpt: ... from Defendant General Motors, LLC (“GM”). Plaintiff brings causes of action for (1) breach of implied warranty and (2) breach of express warranty. Defendant GM now moves for summary judgment or summary adjudication. Plaintiffs opposed. TENTATIVE RULING: Defendant General Motors, LLC's Motion for Summary Judgment is DENIED. Defendant's Alternative Motion for Summary Adjudication is also DENIED. Plaintiffs to give notice, unless waived. DISCU...

Excerpt: ...rrently owned by Defendants Eyal Abergel and Binyamin Sasy. Until about 1960, Plaintiffs' and Defendants' properties were a single parcel under common ownership. A dispute has now arisen over the property line between the two properties. Plaintiffs allege portions of their driveway, pool, and other fixtures lay partly on Defe ndants' property. Plaintiffs' allege Defendants have failed to maintain their property, causing damage to Plaintiffs' prop...

Excerpt: ...CTS AND/OR PROCEEDINGS: This is an employment case. Plaintiff Kristin Jacobson alleges her employers, Defendants Disney Human Resources Services Co., LLC. (“DHRS”), The Walt Disney Company (“TWDC”), Disney Worldwide Services, Inc. (“DWWS”), and Walt Disney Parks and Resorts U.S. , Inc. (“WDPR”) (collectively, “Defendants”), wrongfully terminated her employment based on her disability. Plaintiff asserts nine causes of action, s...

Excerpt: ...aw corporation of their deceased former lawyer, Judith Salkow Shapiro, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Legal Malpractice, (3) Fraud and Deceit, (4) Negligent Misrepresentation, and (5) Brea ch of Fiduc...

Excerpt: ...a Vazquez De Shoham STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Ofer Shoham and Maria Lucia Vazquez De Shoham (“Plaintiffs”) purchased a 2020 Hyundai Kona from Defendant Keyes Hyundai of Van Nuys, manufactured by Defendant Hyundai Motor America. Plaintiffs sued Defendant manufacturer for (1) violation of Son g-Beverly Act – breach of express warranty, (2) violation of Song -Beverly Act – breach of implied warranty, and (3) ...

Excerpt: ...rch of Scientology International (“CSI”), and Religious Technology Center (“RTC”). Plaintiff Remini is a former Scientologist who alleges that Defendants have “undertaken a campaign to ruin and destroy her livelihood” after she publicly departed Scientology in 2013. Plaintiff alleges that she, friends, and family members have been stalked, surveilled, harassed, and more by persons controlled and coordinated by Scientology. Plaintiff n...

Excerpt: ...kow Shapiro, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Legal Malpractice, (3) Fraud and Deceit, (4) Negligent Misrepresentation, and (5) Brea ch of Fiduciary Duty. Defendant Judith Salkow Shapiro, APC and Defend...

Excerpt: ...ff complained that a coworker had continuously mocked his speech impairment. Plaintiff brings causes of action for (1) disability discrimination, (2) disparate treatment, (3) failure to accommodate, (4) failure to engage in the interactive process, (5) retaliation, (6) wrongful termination, and (7) failure to prevent harassment, retaliation, and discrimination. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuan...

Excerpt: ...causes of action against the District for negligence and negligent hiring, retention, and supervision, and against Does 2 through 25 for negligence and negligent hiring, retention, and supervision. Defendant District now demurrers to the First Amended Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the First Cause of Action is SUSTAINED. Whether leave to amend is to be granted will depend on whether Plaintiff can make a su...

Excerpt: ...CEEDINGS: Plaintiff Leah Remini (“Remini” or “Plaintiff') brings this action against Defendants David Miscavige (“Miscavige”), Church of Scientology International (“CSI”), and Religious Technology Center (“RTC”). Plaintiff Remini is a former Scientologist who alleges that Defendants have “undertaken a campaign to ruin and destroy her livelihood” after she publicly departed Scientology in 2013. Plaintiff alleges that she, fri...

Excerpt: ...laintiffs”) purchased a 2017 Honda CR-V manufactured by Defendant American Honda Motor Co., Inc. (“Honda”). Plaintiffs allege the vehicle had electrical defects. They bring Song-Beverly violations for (1) breach of express warranty and (2) breach of implied warranty. Defendant Honda now moves for summary judgment, or in the alternative, summary adjudication. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is GR...

Excerpt: ...laintiffs are former property inspectors allegedly employed by Defendants. Defendant Advanced Field Services, Inc., now moves for (1) relief from waiver of jury trial and (2) to sever four bellwether Plaintiffs' cases. Plaintiffs opposed both motions. Defendant did not file a reply to either motion. TENTATIVE RULING: Defendant AFS's Motion for Relief from Jury Waiver is DENIED. Defendant AFS's Motion to Sever is also DENIED. Plaintiffs to give no...

Excerpt: ...endant Yuan Luo after an accident. Attorney Defendants Eric Chen and Ying Xu represented Defendant Luo in a personal injury action. Plaintiffs allege they obtained a medical lien for the treatment against all Defendants. After the matter settled, Plaintiffs allege that Defendants have failed to pay the amounts owed under the liens. Plaintiffs bring causes of action for (1) breach of contract, (2) book account, (3) account stated, (4) accounting, ...

Excerpt: ...ye disability that left him unable to travel on airplanes. Plaintiff further alleges that Defendants terminated his employment based on his disability and without offering reasonable accommodations. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED as modified herein. The action is stayed pending th...

Excerpt: ...uffer severe anxiety and depression, which necessitated work accommodations and a leave. Plaintiff alleges Defendant Califia Farms and her supervisor, Defendant Christina Vanworth, harassed, retaliated, and discriminated against her based on her disability and complaints against Vieyra, resulting in Plaintiff's constructive termination. Defendants now move to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff oppo...

Excerpt: ...leged violation of the Uniform Fraudulent Transfers Act. On December 8, 2024, this court granted Defendants' motion to expunge the lis pendens recorded on the subject property. Defendants now move to recover their reasonable attorney's fees and costs incurred on that motion. Plaintiff Bhola has not filed an opposition. TENTATIVE RULING: Defendants' Motion for Attorney's Fees and Costs is GRANTED in PART. Defendants are awarded $13,750.00 in attor...

Excerpt: ...omas James Turner III through Defendant Turner Brothers Asset Holding, LLC in August 2019. The majority of the purchase price was to be paid by a purchase money note secured by a first deed of trust on the property. After executing the note, Plaintiff alleges that Defendants presented Plaintiff with a new note, which Defendants led Plaintiff to believe was still secured by the first deed of trust. Plaintiff alleges, however, that Defendants simul...

Excerpt: ...e petition. [FN 1] TENTATIVE RULING: Petitioner's Petition to Compel Arbitration is CONTINUED to 3/1/24 at 8:30 a.m. to allow Petitioner to file a copy of the arbitration provision. Petitioner to give notice of the new date, and the supplemental moving papers by personal service, or in any other manner in which to serve a Summons and Complaint. DISCUSSION: Petition to Compel Arbitration Petitioner moves to compel arbitration against Respondent St...

Excerpt: ...bring this action against Defendants David Edward Rivera, D.C., and David Rivera Chiropractic, Inc., for alleged insurance fraud. Plaintiffs allege that Defendants continuously engaged in false, fraudulent, and/or misleading billing practices including up-coding, billing for services that did not occur, and/or billing for chiropractic services purportedly performed by Rivera that were actually performed by other individuals. Defendants have cross...

Excerpt: ...he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disability. Plaintiff alleges Defendant terminated him aft...

Excerpt: ...dant Ross's stores—a notebook planner, cosmetic case, and suction-cup mirror—contained Di(2-ethylhexyl) phthalate (“DEHP”), which is allegedly subject to Proposition 65 warning requirements. Defendant allegedly failed to provide such warnings. On October 22, 2021, Defendant Enchante Accessories, Inc., the distributor of the products at issue, filed a motion to intervene. The court granted the motion. On September 8, 2023, Plaintiff dismis...

Excerpt: ...CEEDINGS: Plaintiff Leah Remini (“Remini” or “Plaintiff') brings this action against Defendants David Miscavige (“Miscavige”), Church of Scientology International (“CSI”), and Religious Technology Center (“RTC”). Plaintiff Remini is a former Scientologist who alleges that Defendants have “undertaken a campaign to ruin and destroy her livelihood” after she publicly departed Scientology in 2013. Plaintiff alleges that she, fri...

Excerpt: ... an Oklahoma company that provides consumers access to online personal and commercial banking services. Plaintiff alleges that Defendant used spyware on its website to “dox” website visitors like Plaintiff, allowing Defendant to unlawfully obtain Plaintiff's personal data. Defendant now moves to quash service of summons for lack of personal jurisdiction. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Quash Service of Summons is GR...

Excerpt: ...as subject to a workplace injury. While cleaning a sewer line, he slipped on a slope causing him to fall into a nearby manhole cover. Plaintiff attempted to work through injuries but experienced pain. Shortly after reporting his injury, Plaintiff alleges Defendant terminated him citing a false performance review. Plaintiff brings cause of action against the City for (1) Disability Discrimination – Disparate Treatment in Violation of FEHA; (2) F...

Excerpt: ...alleges he made a 50% initial investment to purchase a parcel of land and the corporation RBR Automotive Parts, Inc., located on the same parcel. Defendants Razmik and Sadik Davoodian covered the other 50%. Defendants informed Plaintiff that he owned half of the property and 50,000 shares of the company. Plaintiff then worked as an employee for Defendants during which Defendants allegedly violated numerous provisions of the Labor Code. Defendants...

Excerpt: ...Company, LLC; One Sixty Over Ninety CA, LLC; Endeavor Operating Company, LLC; William Morris Endeavor Entertainment, LLC; and Mike Lewinsky bring this petition to confirm the arbitration award entered after binding arbitration between Petitioners and Respondent, Matthew Stanton. Stanton opposed. TENTATIVE RULING: Petitioners' Petition to Confirm Arbitration Award is GRANTED. Petitioners are ordered to file and serve a [Proposed] Judgment within 1...

Excerpt: ...to bid on the property and that it submitted a cashier's check sufficient to cover the bid. Defendant, however, allegedly rejected Plaintiff's bid and offered to return the funds. Plaintiff alleges Defendant wrongfully rejected the bid in violation of California Civil Code § 2924m. The Complaint asserted a single cause of action for specific performance. This court previously sustained Defendant's demurrer to the Complaint with leave to amend. P...

Excerpt: ...urne Vila B, LP, and managed by Defendant Moss Management Services. Before April 2022, Defendant Westbourne Venture owned the property, and Defendant Shapiro Property Management managed it. During Plaintiff's tenancy beginning in 2014, Plaintiff alleges her unit has exhibited habitability issues and substandard conditions, including water leaks and mold. Defendants have failed to properly remedy the defects, causing damage to Plaintiff's health a...

Excerpt: ... Civil Procedure § 386, by American Modern Home Insurance Group, Inc (“American”). Respondents are Vicki Laken (“Laken”) and the Kent Sherwood 2011 Trust (“the Trust”) through its Trustee, Mihana Mitchell (“Mitchell”). Laken and the Trust both claim the right to the remaining insurance proceeds for dwelling repairs to a mobile home located at 30473 Mulholland Highway, No. 104, Agoura, CA 91301, which was destroyed by the Woolsey ...

Excerpt: ... compromise, Plaintiff now moves to recover his attorney's fees and costs. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $51,750.00. Plaintiff is also awarded full costs in the amount of $17,314.45. Moving party to give notice. DISCUSSION: Motion for Attorney's Fees and Costs A. Defendant's Untimely Opposition As a preliminary note, all papers opposing a motion shall be filed...

Excerpt: ... Michael Rosenberg STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs brought this derivative action for the benefit of nominal Defendant Ahavath Israel Congregation, Inc (“AIC”). Plaintiffs allege that Defendants have misused AIC's assets, by among other things, gifting property to Defendant J.E.T.S. Synagogue. Plaintiffs bring this action for (1) rescission of lease, (2) rescission of deed, (3) money had and received, (4) conversion...

Excerpt: ... Plaintiff brings causes of action for (1) intentional misrepresentation, (2) aiding and abetting fraud, (3) civil penalties, (4) conversion, (5) aiding and abetting conversion, and (6) common count. Defendant Hu Qing Tang USA, Inc., now demurrers to each cause of action in the Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED in its entirety. Defendant is ordered to file an answer to the Complaint...

Excerpt: ...S: This is a contract dispute. Plaintiff Ebasco Trading Corporation (“Ebasco”) was to replace an outdoor canopy at the U.S. Embassy in Liberia. (SAC ¶ 16.) In September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Pl...

Excerpt: ...tioner's Petition to Correct Arbitration Award is DENIED. Respondent to give notice, unless waived. DISCUSSION: Petition to Confirm Arbitration Award I. Legal Standard Under Code of Civil Procedure section 1285, any party to arbitration in which an award has been made may petition the court to correct the award. (Code Civ. Proc., § 1285.) The petition must be duly served and filed, and all petitioners and respondents must be before the court or ...

Excerpt: ... Roberta Thom, CNC Motors, Inc., Craig Thom Properties, LLC, Lotus of Upland, LLC, and LIG Financial Services STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff/Cross-Defendant CNC Technologies, LLC (“CNC”) filed the instant action against Defendants Amrezi, LLC (“Amrezi”) and Clayton Thom (“Thom”), alleging (1) breach of fiduciary duty, (2) conversion, (3) fraud–concealment, (4) breach of contract, and (5) breach of implied ...

Excerpt: ...dant. Plaintiffs allege the subject vehicle exhibited engine defects, including oil leaks. Defendant now moves for an order compelling Plaintiffs to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's motion to compel arbitration is GRANTED. The action is stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for December 16, 2024 at 8:30 a.m. However, as will be ...

Excerpt: ...dant breached the parties' fee agreement be retaining a portion of the settlement owed to Plaintiff. Defendant has filed a Cross-Complaint against Plaintiff for declaratory relief. Defendant/Cross- Complainant seeks a judicial declaration over the parties' rights to $269,984.74 currently held in Defendant/Cross-Complainant's client trust account. Cross-Complainant now moves to quash a subpoena issued to US Bank. Cross-Defendant filed a response o...

Excerpt: ...nd Maria G. Mejia filed the instant action against various manufacturers of alleged toxic chemical products. Felipe worked in mannequin manufacturing where he alleged he was exposed to harmful chemical products that caused renal cell carcinoma. Felipe passed away from the cancer after filing this suit; his wife, as his surviving spouse and successor-in-interest, continues the suit on his behalf. The First Amended Complaint also adds Felipe's adul...

Excerpt: ...rporation of their deceased former lawyer, Judith Salkow Shapiro, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Legal Malpractice, (3) Fraud and Deceit, (4) Negligent Misrepresentation, and (5) Breach of Fiduciary D...

Excerpt: ...ng a portion of the settlement owed to Plaintiff. Defendant has filed a Cross-Complaint against Plaintiff for declaratory relief. Defendant/Cross- Complainant seeks a judicial declaration over the parties' rights to $269,984.74 currently held in Defendant/Cross-Complainant's client trust account. Cross-Complainant now moves for summary judgment. Cross-Defendant opposed. The matter first came for hearing on November 2, 2023. After the hearing, the...

Excerpt: ...e Company's only asset, the real property at 12410 Amargosa Road, Victorville, CA 92329. In order to pay off the loan, Plaintiff and Defendant agreed to advance additional sums of the money to the Company. In 2022, Plaintiff agreed to advance the sum of $6.075 million and Defendant agreed to advance the sum of $675,000. The parties agreed in writing that if the Company was unable to obtain a loan from a conventional financial institution by Septe...

Excerpt: ...er,” and suffers from ADHD. While attending medical school, Plaintiff alleges a supervising physician, Dr. Louis Kwong, M.D., carried a concealed firearm in the hospital and frequently made racist, sexist, and homophobic remarks. Plaintiff complained to medical school leadership, but the issues were never resolved. Plaintiff alleges that in November or December of 2019, she published a detailed complaint of Dr. Kwong in the Orthopedic-Match Doc...

Excerpt: ...an Bartholomew for trademark infringement and related causes of action. Plaintiff alleges Defendant has used and continues to use the Doja trademark to sell products in the marketplace. Plaintiff asserts causes of action for (1) trademark infringement, (2) palming off, (3) violation of Business and Professions Code section 17200, (4) violation of California's False Advertising Law, and (5) declaratory and injunctive relief. Defendant Bartholomew ...

Excerpt: ...ned and operated a plant manufacturing corrugated boxes. Defendant iStaff is a private staffing agency. Plaintiff alleges she faced sexual harassment from her supervisor, Defendant Samuel Reyes. Plaintiff alleges she reported Reyes' conduct to Defendant iStaff Solutions, who told Plaintiff it would find her another assignment. However, Defendant never reassigned Plaintiff, thereby terminating her employment. Defendants California Box Company and ...

Excerpt: ...o a written lease. Plaintiff alleges that after entering escrow to sell the unit to a third party, Defendant refused to allow a reasonable inspection of the premises. Plaintiff brought this action for (1) Enforcement of Inspection Rights per Civil Code section 1954, (2) declaratory relief, and (3) breach of contract. The case is related to Joshua Gafni v. Michael Reyes, LASC Case no. 22STCV34223. There, Gafni, as Plaintiff, alleges his unit suffe...

Excerpt: ...ngeles, CA. Plaintiff Harma Hartouni is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property through Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and risks inherent in owning an a...

Excerpt: ...al Personnel Services, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This suit is based on wage-and-hour claims. Plaintiffs are former property inspectors employed by Defendants. The suit is related to Lunde et al. v. Farmers Group Inc., et al., BC543659. Plaintiffs McCleery, Beckner, Quimby, and Jackson now move to lift the stay in McCleery and to consolidate the McCleery and Lunde cases. They also move to have their claims heard at the p...

Excerpt: ...he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disability. Plaintiff alleges Defendant terminated him aft...

Excerpt: ...s Act. Defendants now move for an order expunging the lis pendens recorded on the subject property. Bhola opposed. The matter first came for hearing on an ex parte basis on October 24, 2023, where it was set for hearing on shortened time. TENTATIVE RULING: Defendants' Application for an Order Expunging Lis Pendens is GRANTED. Moving parties to give notice. DISCUSSION: Application to Expunge Lis Pendens A. Objections to Evidence Defendants have su...

Excerpt: ...he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disability. Plaintiff alleges Defendant terminated him aft...

Excerpt: ...s Act. Defendants now move for an order expunging the lis pendens recorded on the subject property. Bhola opposed. The matter first came for hearing on an ex parte basis on October 24, 2023, where it was set for hearing on shortened time. TENTATIVE RULING: Defendants' Application for an Order Expunging Lis Pendens is GRANTED. Moving parties to give notice. DISCUSSION: Application to Expunge Lis Pendens A. Objections to Evidence Defendants have su...

Excerpt: ...FOR PROTECTIVE ORDER AND FOR SANCTIONS MOVING PARTY: (1) Non-party Law Offices of Scott C. Glovsky and Plaintiff Antonina Prestigiacomo; (2) Non-party Scott Glovsky and Plaintiff Antonina Prestigiacomo RESPONDING PARTY(S): Defendant Oscar Health Plan of California STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Antonina Prestigiacomo brings this action against her health insurer, Defendant Oscar Health Plan of California, for (1) breach...

Excerpt: ...NG PARTY: Defendant Young Men's Christian Association of Metropolitan Los Angeles RESPONDING PARTY(S): None STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Charlotte Parker brings this action individually and as Successor-in-Interest to her deceased son, John Doe P.C. Plaintiff alleges in approximately 1985 or 1986, John Doe P.C. was sexually assaulted during a camping trip by Doe Defendants 2 and 3, alleged to be employees, agents, or ...

Excerpt: ...ndants, who are also officers of the Company, wrongfully removed him from his position and falsely accused him of misappropriating Company funds. Plaintiff now brings this action for (1) Enforcement of Right of Inspection; (2) Breach of Fiduciary Duty; (3) Accounting; (4) Breach of Contract; (5) Injunctive Relief; (6) Breach of Implied Covenant of Good Faith and Fair Dealing; (7) Conversion; (8) Unjust Enrichment; (9) Declaratory Relief; (10) Fra...

Excerpt: ...r things, representing them in matters despite the existence of an undisclosed conflict. Defendants Yongduk Chung; JC&Company Law Corporation; JC&Company, Inc.; JC&Company PC; and JC&Company, LLP now move to strike portions of the First Amended Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion to Strike is GRANTED in its entirety, as requested. If Plaintiffs desire leave to amend, it must demonstrate at the hearing, vis-à-vis a...

Excerpt: ...the Daniel Mellinkoff Trust. Plaintiff alleges he entered into a commercial lease agreement with Daniel Mellinkoff for the premises located at 5251 E. York Blvd, Los Angeles, CA 90042. Defendant Otter Lake Farm, LLC, is the purported successor lessor following a transfer of the property. For his first cause of action, Plaintiff alleges that Defendants breached the lease agreement by failing to make the premises for the commercial use intended and...

Excerpt: ...osition. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Compel Defendant's Deposition is DENIED without prejudice. Plaintiff's request for monetary sanctions is DENIED. Defendant's request for monetary sanctions TO BE ARGUED AT THE HEARING. Defendant to give notice, unless waived. DISCUSSION: Motion to Compel Defendant's Deposition I. Legal Standard Where, as here, a party deponent has not appeared for his or her deposition, CCP § 20...

Excerpt: ...uit is based on wage-and-hour claims. Plaintiffs are former property inspectors allegedly employed by Defendants. There are now cross-motions for summary judgment or adjudication. Defendant Allstate Insurance Company now moves for summary judgment, or in the alternative, summary adjudication, of all claims asserted by Plaintiff Rockett Evans only. Plaintiff Evans opposed. Plaintiff Evans also separately moves for summary adjudication of her fourt...

Excerpt: ...INGS: Plaintiff Brittany Jackson alleges she moved into the property at 1426 W 25th Street in Los Angeles, CA, to care for her ailing grandmother, Katie Mae Hawkins. On November 9, 2022, Hawkins passed away. Plaintiff Sylvia Sheridan is the daughter and successor in interest to decedent Hawkins. Plaintiff Jackson alleges she continued to pay rent after her grandmother's death. On December 1, 2022, Defendant(s) Hawkins Real Property Management, LL...

Excerpt: ...y. Plaintiff did not file an opposition to the motion. TENTATIVE RULING: Defendant's Motion for Summary Adjudication as to Plaintiff's Request for a Civil Penalty is GRANTED. Moving party to give notice, unless waived. DISCUSSION: Motion for Summary Adjudication I. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading ...

Excerpt: ...5120 W. Washington Blvd, Los Angeles, CA. Plaintiff Harma Hartouni is the sole member of Plaintiff 5110. Plaintiffs allege they obtained an insurance policy on the property through Defendant Scottsdale Insurance Company. Defendant B&B Premier Insurance Solutions, Inc., and its manager, Defendant David Kern, obtained the policy for Plaintiffs. Plaintiffs allege they informed Defendants that 5110 needed insurance including liability from claims and...

Excerpt: ...ilips North America, LLC. Plaintiff alleges he worked for Defendants as an account manager. On June 6, 2021, Plaintiff broke his femur. The injury prevented him from performing duties as a salesman such as driving, standing for prolonged periods, and sitting. This forced Plaintiff to take a leave of absence. Plaintiff also alleges that he raised safety concerns regarding Defendants' equipment, and concerns that Defendants' were making misrepresen...

Excerpt: ...enteen causes of action against Defendant California Harley-Davidson and its employees Ronald Senters, Drew Bruns, and Mark Ruffalo, including claims for sexual harassment. On January 27, 2022, this court granted Defendants' motion to compel binding arbitration. Defendants Harbor City Enterprises, Inc. and Mark Ruffalo have been unrepresented by counsel since March 17, 2023, when this court granted counsel Linda Krieger's motion to withdraw. On A...

Excerpt: ...ailed to hire her directly, after Plaintiff took time off to care for her husband after he suffered a heart attack, and, after Plaintiff was injured by falling in the workplace. Plaintiff brings causes of action against Defendant for (1) Disability Discrimination, (2) Associational Disability Discrimination, (3) Failure to Provide Reasonable Accommodations, (4) Failure to Engage in Good Faith Interactive Process, (5) Retaliation, and (6) Wrongful...

Excerpt: ...ul and Jewish Center Ahavath Israel, Inc., and Michael Rosenberg brought this action against Defendants Moshe Kagan and Congregation Talmud Troah of Ahavath Israel, Inc. The matter arises from a dispute over the use and management of Ahavath Israel Congregation, Inc. Plaintiffs bring causes of action for (1) interference with prospective business advantage, (2) slander of title, (3) trespassing, (4) interference with contract, (5) fraud, (6) priv...

Excerpt: ...e real property located at 4730 El Camino Avenue, Carmichael, California, 95608 (the “Property”). The Property consists of a ninety-five (95) unit multi-family community. In the course of the negotiations with Clippinger, Plaintiffs were represented by FundOpp Capital, Inc. d/b/a “Alpha Investing” (“Alpha”) who acted as the Plaintiffs' intermediary and/or agent for purposes of the transaction. The primary individual representatives fo...

Excerpt: ...rly Act. On April 1, 2021, this Court (Judge Stuart Rice) granted Defendants' motion to compel arbitration. Plaintiff BMW now moves to confirm the arbitration award. Defendants filed a “Response” opposing the petition. TENTATIVE RULING: Petitioner's Petition to Confirm Arbitration Award is CONTINUED to a date TBD at the hearing. Moving party to give notice, unless waived. DISCUSSION: Petition to Confirm Arbitration Award A. Legal Standard Any...

Excerpt: ... action against various manufacturers of alleged toxic chemical products. Felipe worked in mannequin manufacturing where he alleged he was exposed to harmful chemical products that caused renal cell carcinoma. Felipe passed away from the cancer after filing this suit; his wife, as his surviving spouse and successor-in-interest, continues the suit on his behalf. The First Amended Complaint also adds Felipe's adult children as Plaintiffs, and asser...

Excerpt: ...note secured by a deed of trust on his real property located in Redlands, California. The promissory note provided Shetty would receive a principal sum of $125,000, on which he would pay interest at 12 percent per annum. However, Defendants allegedly only lent him the principal sum of $108,000, rather than the $125,000 indicated on the note itself. When a notice of default was recorded against the property, Shetty tendered the full and correct am...

Excerpt: ...lease. Plaintiff alleges that after entering escrow to sell the unit to a third party, Defendant refused to allow a reasonable inspection of the premises. Plaintiff brought this action for (1) Enforcement of Inspection Rights per Civil Code section 1954, (2) declaratory relief, and (3) breach of contract. The case is related to Joshua Gafni v. Michael Reyes, LASC Case no. 22STCV34223. There, Gafni, as Plaintiff, alleges his unit suffered water da...