Excerpt: ...ividual PAGA claims. No opposition was filed. [FN 2] TENTATIVE RULING: Defendant's Motion to Compel Arbitration of Plaintiff's individual claims is GRANTED. Plaintiff's representative claims are stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for May 2, 2025 at 8:30 a.m. Defendant is ordered to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's re...

Excerpt: ...erica, LLC, and Triunity JLRNA, LLC, alleging his Land Rover vehicle exhibited an overheating engine and other defects. On February 23, 2024, Plaintiff filed a Notice of Settlement. Pursuant to the settlement, Plaintiff now moves to recover his reasonable attorney's fees and costs. Defendants opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART, in the total amount of $31,500.00. Plaintiff is also awarded costs in ...

Excerpt: ... to compel arbitration is granted and the action stayed. SUMMARY OF ACTION On January 30, 2018, Defendant RAF Development LLC (RAF), the Seller of the property at issue in this case, entered into a Residential Purchase Agreement with Plaintiffs Shawn Thursby -Palmer and Benjamin Thursday (Plaintiffs). Around the time of the sale o f the property, RAF, Defendant Horizon Underpinning (Horizon), and Glenn E. Farmer (Farmer) had just completed extens...

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than $0.75 each. At the same time, Defendant was negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble. In reliance ...

Excerpt: ...hnicity by transferring him to a new work location and giving him increased work compared to non -Hispanic employees. Plaintiff brings causes of action for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) violation of Labor Code Section 1102.5. Plaintiff now moves to compel the deposition attendance of Defendant's person most knowledgeable. Defendant opp...

Excerpt: ...behalf of her brother, Pablo Alvarado, as his successor-in- interest. Plaintiff alleges Pablo Alvarado died as a result of the reckless neglect and misconduct of Defendants while a resident of Vernon Healthcare Center. Plaintiff now moves for evidentiary, monetary, or terminating sanctions against Defendant Vernon Healthcare Center for misuse of the discovery process. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion for Sanctions is DENIED...

Excerpt: ..., CA 90036. Defendants Steve Hoffman, an individual, and Steve Hoffman, as Trustee of the Karl and Pearl Family Living Trust, operate and manage the complex. Plaintiff alleges a water leak caused mold in her unit that went unremedied by Defendants. Defendants now demur to the Second, Third, Fifth, Sixth, Seventh, and Eighth Causes of Action. Defendants also move to strike allegations pertaining to punitive damages. Plaintiff opposed both motions....

Excerpt: ..., CA 90036. Defendants Steve Hoffman, an individual, and Steve Hoffman, as Trustee of the Karl and Pearl Family Living Trust, operate and manage the complex. Plaintiff alleges a water leak caused mold in her unit that went unremedied by Defendants. Defendants now demur to the Second, Third, Fifth, Sixth, Seventh, and Eighth Causes of Action. Defendants also move to strike allegations pertaining to punitive damages. Plaintiff opposed both motions....

Excerpt: ...r period, Plaintiff alleges she was stalked and harassed by a male coworker, Paul Chen. Plaintiff alleges Defendants failed to discipline or ta ke other action against Chen despite her complaints. Plaintiff eventually resigned from her position due to Defendants' failure to prevent Chen's harassment. Defendants now demurrer to the First, Second, Third, Fourth, Fifth, Ninth, and Tenth Causes of Action in the First Amended Complaint. Plaintiff oppo...

Excerpt: ...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 Termination. On January 23, 2024,...

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