Excerpt: ...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, (5) breach of fiduciary duty, and (6) unjust enrichment. Defendant JETS Synagogue now moves for summary judgment, or in the alternative, summary adjudic...

Excerpt: ... subject vehicle exhibited electrical, software, and safety system defects, among other things. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Plaintiff to give notice. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of ...

Excerpt: ...ia, Luz Becerra, Jose Flores, M.Q.C.T., a minor, by and through David Chavez, guardian ad litem, I.M., a minor, by and through Jessenia Mancia, guardian ad litem, E.M., a minor, by and through Jessenia Mancia, guardian ad litem, R.P., a minor, by and through Carla Ponce, guardian ad litem, D.P., a minor, by and through Carla Ponce, guardian ad litem, E.C.G., a minor, by and through Belen Cid-Garcia, guardian ad litem, and A.F.F.B., a minor, by an...

Excerpt: ... Defendant Keyes Hyundai of Van Nuys, manufactured by Defendant Hyundai Motor America. Plaintiffs sued Defendant manufacturer for (1) violation of Song-Beverly Act – breach of express warranty, (2) violation of Song-Beverly Act – breach of implied warranty, and (3) violation of Song- Beverly Section 1793.2. Plaintiffs also sued the dealer for (4) negligent repair. On November 23, 2022, this court granted Defendants' motion to compel the matte...

Excerpt: ... 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 misrepresentatio...

Excerpt: ...sed on their website. Plaintiff brings causes of action for (1) fraud, (2) negligent misrepresentation, (3) violation of Business & Professions Code section 17500 et seq., (4) violations of Business and Professions Code section 17200 et seq., (5) negligence, and (6) breach of contract. Defendant ERLA Construction, Inc., now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defe...

Excerpt: ... action against Defendants HRB Tax Group, Inc. and HRB Digital, LLC (collectively, “Block”). Plaintiff alleges that in the early 2000s, a consortium of electronic tax preparation companies (the “Free File Alliance”), including Block, agreed with the Internal Revenue Service to begin offering free filing software to taxpayers. In exchange, the IRS agreed not to offer its own free filing software. Plaintiff alleges that in recent years, Blo...

Excerpt: ...nty Act. Plaintiff alleged his 2020 Ford Explorer failed an unreasonable amount of times, did not function properly, and was not safe or reliable. On January 11, 2023, Plaintiff dismissed the action with prejudice pursuant to a settlement of the case. Plaintiff now moves for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Enforce Settlement Agreement is DENI...

Excerpt: ...he scope of the easement by, among other things, installing a gate, masonry, and removing a paved road. Plaintiff's First Amended Complaint asserts causes of action for (1) quiet title, (2) trespass to land, (3) conversion, and (4) declaratory relief. Defendant Barron filed a Second Amended Cross-Complaint against Bentson for (1) declaratory relief, (2) quiet title by prescriptive easement, and (3) quiet title by equitable easement. On December 1...

Excerpt: ... a written lease agreement with Defendants Prime/Park La Brea Titleholder LLC (as property owner) and Park La Brea Management (as property manager) to rent the Subject Property. Plaintiff resided at the Subject Property with Plaintiff Loren Vallin-Flores and his minor child, Plaintiff Elijah Dragotta. Plaintiffs allege the Subject Property contained various defects and damage from a flood. Defendants allegedly failed to remedy the damage to the p...

Excerpt: ... Normandie Ave. Plaintiffs allege Defendant 720 S. Normandie Ave., LLC, owned the property, and that Defendant Statewide Enterprises, Inc., managed the property. Plaintiffs allege the property flooded on two occasions and that Defendants failed to remedy or make repairs, resulting in damage to the property. They bring causes of action for (1) breach of the implied warranty of habitability, (2) tortious breach of the implied warranty of habitabili...

Excerpt: ...Vershinin is the shareholder and president of the entities. Plaintiff, a logistics and distribution company, alleges it supplied Defendants with petroleum pursuant to written contracts. Defendants allegedly failed to make payments due. Plaintiff brings causes of action for (1) breach of contract, (2) breach of personal guaranty, and (3) account stated. Plaintiff now moves for a right to attach order. The motion is unopposed. [FN 1] TENTATIVE RULI...

Excerpt: ...ries sustained at work. Defendants now move for summary judgment, or in the alternative, summary adjudication of the Complaint. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion for Summary Judgment is GRANTED in its entirety. Moving party to give notice, unless waived. DISCUSSION: Motion for Summary Judgment, or in the Alternative, Summary Adjudication I. Evidentiary Objections Pursuant to CCP § 437c(q), the Court only rules upon objectio...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Mary Jayne Sarah Johnstone, individually and as Personal Representative of her parents' estates, and Plaintiff Ryan Dudasik, husband of Johnstone, bring this action against Defendant California Automobile Insurance Company (“CAIC.”) Plaintiffs allege Jay and Mary Johnstone, both now deceased, owned real property in Pasadena, CA, and retained a homeowners' insurance policy on the property is...

Excerpt: ... the United States by air freight Plaintiff alleges it wired $825,000.00 for air freight by chartered plane—however, Defendant had not obtained the gloves and had failed to take the legal steps necessary to ship them. Defendant then made repeated misrepresentations regarding the status of the shipment. At the time of the PAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. Plamtiff now moves for summary adjudication...

Excerpt: ...e a wine bar. That included aline of credit, on which Defendant Mesna and her now ex-husband, Mark Dunton, were personal guarantors. As the marriage came to an end, Plamtiffs allege they informed Defendant Bank that any of Dunton s authorizations on the account or Ime of credit needed to be revoked. However, Defendant failed to remove Dunton's access to the line of credit, despite representing that it would. Plamtiffs later learned that Dunton ha...

Excerpt: ... check when petitioners and similarly situated plaintiffs applied for positions at Spencer Gifts. Petitioners now move to confirm a settlement approved by Arbitrator David B. Van Etten. The motion is unopposed. TENTATIVE RULING: Petitioners' Motion to Confirm Arbitration Award is GRANTED. Petitioners are ordered to file and serve a [Proposed] Judgment within 15 days incorporating the Arbitrators Award, and as consistent with this ruling. Moving p...

Excerpt: ...cer of Freshtech, alleges that he was sidelined and forced out by Nazir Mir and Scott Keller, Freshtech's other officers and directors, because they were engaging in improper conduct. Mir and Keller allege in their cross-claims that Ross was engaging in improper conduct himself by competing with Freshtech through rPlanet Earth ("RPE"), a separate company he was involved with. Plamtiff/Cross-Defendant Joseph Ross now moves to quash Freshtech's sub...

Excerpt: ...g leaking plumbing, electrical issues, and vermin Infestation. Plamtiff brings this action for (1) breach of warranty of habitability, (2) breach of covenant of quiet en]oyment, (3) nuisance, (4) negligence, (5) breach of contract, (6) intentional interference With estate, and (7) violations of LARSO. Defendants now move for summary judgment Plamtiff opposed. TENTATIVE RULING: Defendants' Motion for Summary Judgment is CONTINUED to a date TBD, in...

Excerpt: ...A 90813, owned and managed by Defendant B&C Properties and Jehan A. Shahid as Trustee of the Jehan D. Shahid Separate Property Trust. Plaintiffs allege Defendants caused and failed to remedy uninhabitable conditions in their apartment units and in the common areas ofthe Subject Property. Plamtiffs now move for leave to file a Second Amended Complaint The motion is unopposed. TENTATIVE RULING: Plamtiffs' Motion for Leave to File a Second Amended C...

Excerpt: ...'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, enjoining any non-judicial foreclosure action against the property. It is further alleged that on October 6, 2021, Defendant AWBCO recorded a notice of Assignment o...

Excerpt: ...ndants failed to provide her with reasonable accommodations. Accordingly, Plaintiff took a medical leave of absence. Once Plaintiff sought to return to work with reasonable accommodations, she alleges Defendants terminated her employment Plamtiffbrings FEHA and related claims against Defendants. Defendants now move to compel the matter to arbitration. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The ac...

Excerpt: ...bble, Inc., brings this Complaint against Defendants Amit lain, Alliance Group Ventures, LLC, and Chirag Patil. Plaintiff alleges Defendant Jain is the CEO of Bridg, Inc„ and PlaintiffDailyGobble held a sizeable number of shares in Bridg. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than SO. 75 each. At the same time, Defendant was negotiating a sale of Brid...

Excerpt: ...Defendant South East Personnel Leasing, Inc., seeking civil penalties under Labor Code sections 2698, et seq. ("PAGA") for Defendants alleged violations of applicable Labor Code statutes and Wage Order regulations. Defendant now moves to strike Plaintiffs complaint as unmanageable, or in the alternative, to compel Plaintiffs individual claims to arbitration. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Strike Plaintiffs Complaint as...

Excerpt: ...nt Plaintiff brings causes of action or (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) intentional misrepresentation, and (4) unjust enrichment. [FN 1] Defendant Starship, LLC now demurs to the First Amended Complaint Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer as to the First and Second Causes of Action is OVERRULED. Defendant's Demurrer as to the Third Cause of Action is SUSTAINED. W...