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...

Excerpt: ...geles, CA. Plaintiff alleges it contracted with Defendants Drake Real Estate Group and Christopher Charles Drake whereby Defendants would manage the property. Plaintiff alleges that Defendants presented a plan for interior renovations of the apartments. Defendants, however, allegedly failed to disclose that the renovations involved a full-scale electrical upgrade. Defendants retained Defendant AAG Services, Inc. as subcontractor to conduct the el...

Excerpt: ...Vanessa Samuels, brings this action against Defendant Los Angeles Unified School District for (1) negligence and (2) negligent hiring, training, and supervision. Plaintiff alleges while attending kindergarten at Fullbright Avenue Elementary school, she was the victim of physical and mental bullying. Defendant now moves for leave to conduct Plaintiff's mental exam. Plaintiff opposed in part. TENTATIVE RULING: Defendant's Motion for Leave to Conduc...

Excerpt: ...eave, retaliated against her for taking medical leave, and committed wage and hour violations, 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 GRANTED. The action is stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for November 1, 2024 at 8:30 a.m...

Excerpt: ...g 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. TENTATIVE RULING: Cross-Complainant's Motion for Summary Judgment is GRANTED i...

Excerpt: ...agreement with Defendants MX2 Productions Inc. and Daniel Reardon where Plaintiffs would provide production services for the film “Maggie Moore(s).” Plaintiffs allege they completed the services required under the agreement but have not been compensated. Plaintiffs now bring causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) fraud. Specially appearing Defendants MX2 Productions ...

Excerpt: ...Grand, LLC (“Maguire”) owned a parking garage (“the property”) in downtown Los Angeles under a ground lease between Maguire, as ground lessee, and the Los Angeles Unified School District (“LAUSD”), as ground lessor. Plaintiff explored a joint venture with Defendants [FN 1] with respect to the property. In connection with the negotiations, Plaintiff required that Defendants execute confidentiality agreements in 2017 and 2018. The confi...

Excerpt: ...d that her and her children appeared on The Dr. Phil Show, and experienced unfair treatment and humiliation, among other things. Plaintiff asserts causes of action for (1) negligent misrepresentation, (2) professional negligence, (3) personal injury, (4) equitable relief, (5) defamation, and (6) violation of Civil Code section 1714. On November 22, 2022, this court granted Defendants' special motion to strike the FAC in its entirety. (See 11/22/2...

Excerpt: ...Plaintiff alleges Sheriff Alex Villanueva retaliated against her because of her perceived support for Eli Vera, who ran against Villanueva in the Sheriff's election race. As part of that retaliation, Plaintiff alleges Villanueva blocked her promotion for which she was qualified. Plaintiff alleges the Sheriff's Department has a practice of retaliating against LASD employees for exercising their first amendment rights. Plaintiff asserts a single ca...

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: ... She brings causes of action against Defendant for (1) Failure to Accommodate, (2) Failure to Engage in Interactive Process, (3) Disability/Medical Discrimination, (4) Failure to Prevent Discrimination, (5) Retaliation, and (6) Wrongful Termination in Violation of Public Policy. Defendant now moves for summary judgment, or in the alternative, summary adjudication. Plaintiff opposed the motion. TENTATIVE RULING: Defendant's Motion for Summary Judg...

Excerpt: ...rity. Plaintiff alleges that Defendants, who are administrators and/or authorized contractors of the Property Assessed Clean Enregy (“PACE”) Program, engaged in fraud by soliciting Plaintiff to build an ADU on his property. Defendants allegedly misled Plaintiff into agreeing to the ADU and forged his signatures on documents in order to create PACE assessments on Plaintiff's property without his knowledge. Plaintiff alleges that no work was ev...

Excerpt: ...lleges it purchased the 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, enjoining any non-judicial foreclosure action against the property. It is further ...

Excerpt: ...rties' Letter Retainer Agreement. The fee dispute proceeded to arbitration on February 28, 2023, before Arbitrator Hon. John P. Shook (Ret.). On March 4, 2023, the arbitrator awarded Petitioner $89,744.00 for attorney's fees owed under the parties' Letter Retainer Agreement. Petitioner Weinstock Manion thereafter filed this petition and now moves to confirm the arbitration award. No opposition was filed. The matter initially came for hearing on A...

Excerpt: ... 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 simultaneously presented her with ...

Excerpt: ...D.C, now demurrers to the Complaint. Plaintiff did not file an opposition. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant to file an Answer to the Complaint within 21 days. Plaintiff to give notice, unless waived. DISCUSSION: Demurrer I. Meet and Confer Defendant has not addressed compliance with the meet and confer obligation. (See CCP 430.41(a).) To conserve judicial resources, the court will consider the demurr...

Excerpt: ...oves to Plaintiff in 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 FAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. Plaintiff now moves to...

Excerpt: ...t alleging one cause of action for elder abuse against defendants Joshua Manzano (“Manzano”) and American Equity Investment Life Insurance Company (“American Equity”). Plaintiffs allege Defendant Manzano, as an agent of Defendant American Equity, contacted Plaintiff Joan Dundas unsolicited in August of 2017, to sell her a 40-year annuity. (Compl. ¶¶ 17, 29-32.) Plaintiff was 73 years old when she purchased the annuity from Manzano that ...

Excerpt: ...Vanessa Samuels, brings this action against Defendant Los Angeles Unified School District for (1) negligence and (2) negligent hiring, training, and supervision. Plaintiff alleges while attending kindergarten at Fullbright Avenue Elementary school, she was the victim of physical and mental bullying. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Dep...

Excerpt: ...d or distributed by Defendant. Plaintiff alleges the vehicle exhibited transmission defects and braking issues, among other things, during the warranty period. Plaintiff asserts causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, (4) breach of express warranty, (5) breach of implied warra...

Excerpt: ...not appear. The trial proceeded as uncontested as to defendant Nelly Bunay and prove-up as to defaulted defendant 24K Chef LLC. The court entered Judgment for Plaintiff and against both defendants, 24K Chef LLC and Nelly Bunay, jointly and severally for the total amount of $38,469.00. Plaintiff now moves to recover her attorney's fees and costs. No opposition was filed. [FN 1] TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN...

Excerpt: ...RIAL 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 representatives of Defendant Young Men's Christian Association of Metropolitan Los Angeles (“YMCA”). Plaintiff alleges th...

Excerpt: ...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 and through Luz Becerra, guardian ad litem RESPONDING PARTY(S): Defendant Pasadena Unified School District STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs individually and as guardians ad litem for their minor chi...

Excerpt: ...tion 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, or its agents, made false assurances to Plaint...

Excerpt: ...ff from her role as shift manager after she complained of harassing conduct by Defendant Shimol. Plaintiff was later terminated, which Defendants attributed to the Covid-19 pandemic. Plaintiff now brings causes of action for (1) FEHA Disparate Treatment Discrimination, (2) FEHA Quid Pro Quo Sexual Harassment, (3) FEHA Work Environment Harassment, (4) FEHA Retaliation, (5) FEHA Failure to Prevent Harassment, Discrimination, or Retaliation, and (6)...

Excerpt: ...dant Toyota that allegedly contained defects and nonconformities. Plaintiffs sued Defendant Toyota for (1) violation of Song-Beverly Act – breach of express warranty, and (2) violation of Song-Beverly Act – breach of implied warranty. On April 7, 2022, this court granted Defendant's Motion to compel arbitration. Plaintiffs now move for reconsideration of this court's order compelling the parties to binding arbitration. Defendant opposed the m...

Excerpt: ...th Defendant Jeff Lotman to misrepresent JDCL's financial information to facilitate a sale of the Company. This caused JDCL's accounting and financial records to be materially misstated, which led to the eventual sale of JDCL. Plaintiff brings causes of action against Lotman for (1) fraud, (2) aiding and abetting fraud, (3) aiding and abetting breach of fiduciary duty, and (4) negligent misrepresentation. Defendant now moves for summary judgment....

Excerpt: ...ect vehicle exhibited electrical, software, and safety system defects, among other things. Defendant now demurrers to the Complaint . Plaintiff opposed. Defendant did not file a Reply. TENTATIVE RULING: Defendant's Demurrer to the Complaint is SUSTAINED, with 30 days leave to amend. Defendant to give notice, unless waived. DISCUSSION: Demurrer I. Meet and Confer Counsel for Defendant states Defendant “reached out to Plaintiff's counsel on Janua...

Excerpt: ...inder S. Kalra) granted Defendants' motion to compel arbitration and stayed the matter pending arbitration. [FN 1] The court ruled Defendant FCA, the manufacturer, could invoke the arbitration agreement on an equitable estoppel theory. Plaintiff now moves for reconsideration of the court's order compelling the parties to binding arbitration. No opposition was filed. [FN 2] TENTATIVE RULING: Plaintiff's Motion for Reconsideration is DENIED. Howeve...

Excerpt: ... accident. Plaintiffs bring causes of action for (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) fraud. Defendant Dream Motor Cars now demurrers to each cause of action in the Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendant's Demurrer to the First and Third Causes of Action is SUSTAINED, with leave 30 days to amend. Defendant's Demurrer to the Second Cause of Action is OVERRULED. Movin...

Excerpt: ... in Beverly Hills, CA. Defendant En Ville Owners Association, Inc., is the homeowner's association of the complex. Defendants Ayala and Yoav Tamir own the residential unit directly above Plaintiffs' unit. Plaintiffs allege their unit suffered significant water damage originating from the deck on the Tamir's Unit and/or the common area beneath the deck. The water infiltration caused and continues to cause damages and mold to Plaintiffs' unit. Plai...

Excerpt: ...ling, and punitive damages in connection with a policy insuring the life of her ex-husband. Defendant Farmers now moves for summary judgment. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Moving party to give notice. DISCUSSION: Motion for Summary Judgment I. Judicial Notice Pursuant to Defendant Farmers' request, the court takes judicial notice of Exhibits A, B, and C. The court takes judicial notice of ...

Excerpt: ...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. Plaintiffs now move for an order granting them leave to file a First Amended Complaint. Defendant oppos...

Excerpt: ...ff 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, LLC and/or Todd...

Excerpt: ...orporation 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 ...

Excerpt: ...d wrongful termination in 2020. Plaintiff alleges 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 disabili...

Excerpt: ...n North America, Inc. Plaintiff alleges his vehicle exhibited powertrain system defects, engine defects, engine electronics system defects, electrical defects, recalls, and other serious nonconformities to warranty. Plaintiff now moves to compel the deposition attendance and production of documents by Defendant's PMK. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Compel the Deposition of Defendant's PMK is GRANTED. Defendant's PMK is...

Excerpt: ...ant MBUSA for (1) violation of Song-Beverly Act – breach of express warranty, and (2) violation of Song-Beverly Act – breach of implied warranty. On March 9, 2022, this court granted Defendant's motion to compel arbitration and stayed the matter pending arbitration. Plaintiff now moves for reconsideration of the court's order compelling the parties to binding arbitration. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for ...

Excerpt: ...e. Plaintiff alleges that Defendant LA Fine Motors misrepresented the mechanical condition of the vehicle; sold the vehicle with defective headlights, blinkers, and emergency flashers; sold the vehicle for more than the advertised price; and failed to repair the vehicle's headlights as promised upon sale. Plaintiff brings causes of action for (1) Violation of the Consumers Legal Remedies Act, Civil Code § 1750, et seq, (2) Fraud & Deceit, (3) Ne...

Excerpt: ...er of the Parker Room—a business owned by Defendant San Carlos Enterprises, Inc. (“SCE”). It is further alleged that Martinez forced himself onto Plaintiff and forcibly performed oral copulation on her. Plaintiff resisted and subsequently left the Parker Room to Uber home. Martinez allegedly approached her while she waited and again forced himself onto her. Martinez then followed Plaintiff into the Uber. The forced touching and unwanted adv...

Excerpt: ...e was not selected for any of the positions. Plaintiff filed this action alleging he was denied the promotions due to his age and his Mexican and/or Latino origin; and in retaliation for a Department of Fair Employment and Housing (DFEH) complaint he had filed in 2003 and correspondence he had sent in 2008 to LAUSD's General Counsel complaining about the budgetary lay-off of a Latina attorney. Plaintiff also alleged a violation of the Labor Code ...

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble 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 $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 o...

Excerpt: ...nting, and (4) unfair business practices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleges 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 fo...

Excerpt: ...he property and 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 and now asserts one cause of action for specific performance. Defendant Prestige Default Services, LLC, now demurrers to the sole cause of action in the Complaint. Plaintiff opposed. The...

Excerpt: ..., Inc., and Athens Disposal Company. Plaintiff alleges Defendants' failed to pay Plaintiff and other aggrieved employees for all hours worked, committed meal and rest period violations, provided inaccurate wage statements, and failed to produce employment records, among other things. Defendants Arakelian Enterprises, Inc., and Athens Disposal Company now move for a stay of the case pending arbitration of Plaintiff Ramon Chavez's individual claims...

Excerpt: ...s Indemnity Company allegedly issued a bond to Defendant Shift Operations. Plaintiff alleges the vehicle had mechanical problems and contained aftermarket parts from an undisclosed prior accident, among other things. Plaintiff brings causes of action for (1) Violations of the Consumers Legal Remedies Act, Civil Code § 1750, et seq., (2) Intentional Misrepresentation, (3) Negligent Misrepresentation, (4) Violation of the Song-Beverly Consumer War...

Excerpt: ...ay overtime and failure to provide meal and rest periods, among other things. Plaintiff now moves for an order approving a proposed PAGA settlement. No opposition was filed. TENTATIVE RULING: Plaintiff's Motion for Approval of PAGA Settlement is GRANTED. Plaintiff to give notice. DISCUSSION: Motion to Confirm PAGA Settlement A. Legal Standard Labor Code § 2699(l)(2) states: “The superior court shall review and approve any settlement of any civ...

Excerpt: ...tax services. Defendants Egbert Sanchez and Anastasio Carcamo are alleged to be owners, directors, officers, or managing agents of Defendant Deli Bookkeeping. Plaintiff alleges that Defendant Cindy's Insurance, operated by Defendant Egbert Sanchez's wife, Cindy Sanchez, was also involved in the tax process. From 2014 to 2022, Plaintiff alleges that it paid Defendants around $80,000.00 for which Plaintiff believed was paid to the State of Californ...

Excerpt: ...s court granted Defendant's motion to compel arbitration. Plaintiff now moves for reconsideration of the court's order compelling the parties to binding arbitration. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for Reconsideration is DENIED. However, this Court suggests that the parties stipulate to stay the current arbitration proceedings, pending a decision by the California Supreme Court in Ford Motor Warranty Cases, No. ...

Excerpt: ...Technologies, Inc., based on Respondents failure to pay amounts due and owing under the terms of the parties' Corporate Sponsorship Agreement. The parties arbitrated the dispute on December 1, 2022, with Arbitrator Hon. Rosalyn Chapman (Ret.) The Arbitrator issued an award in Petitioners' favor on February 2, 2023, in the amount of $350,666.23. Petitioners now move to confirm the arbitration award. Respondent is in default and has not filed an op...

Excerpt: ...2018, Plaintiff's supervisors Defendants Sara Barnes and Jason Wek learned Plaintiff was pregnant. In response, Plaintiff alleges Defendants began harassing and retaliating against her to encourage Plaintiff to resign. Plaintiff brings causes of action for (1) Pregnancy Discrimination (Govt. Code § 12940, et seq.), (2) Disability Discrimination (Govt. Code §12940, et seq.), (3) Failure to Accommodate (Gov. Code § 12940(m)), (4) Failure to Enga...

Excerpt: ...Labor Code. Plaintiffs also brought a cause of Action for civil penalties under the Private Attorneys General Act. The matter proceeded to a bench trial from January 17, 2023, to January 19, 2023. Thereafter, this court entered judgment in Plaintiffs' favor on March 29, 2023. Plaintiffs filed a Memorandum of Costs on June 16, 2023. Defendant now moves to strike the cost memorandum, or in the alternative, to tax costs. The matter initially came fo...

Excerpt: ...leges she worked for Defendant Amatigroup, Inc., where she faced harassment, discrimination, and retaliation based on her gender. Defendant Moises Rodriguez is alleged to be Defendant Plaintiff's supervisor and Amatigroup's owner, officer, or other controlling figure. Plaintiff alleges Defendant Rodriguez engaged in sexual misconduct in the workplace. Plaintiff alleges Defendant terminated her employment after complaining of her harassment, discr...

Excerpt: ...f in 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 FAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. Plaintiff now moves to add various jud...

Excerpt: ...ispute. Plaintiff Kurt Oliver worked for Defendant International Union of Operating Engineers Local 12 as a Business agent and later 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/Dis...

Excerpt: ...ntiff alleges that Defendant LA Fine Motors misrepresented the mechanical condition of the vehicle; sold the vehicle with defective headlights, blinkers, and emergency flashers; sold the vehicle for more than the advertised price; and failed to repair the vehicle's headlights as promised upon sale. Plaintiff brings causes of action for (1) Violation of the Consumers Legal Remedies Act, Civil Code § 1750, et seq, (2) Fraud & Deceit, (3) Negligent...

Excerpt: ...LUB (“Defendant KARNAK”), and MINA LIM. On October 7, 2016, Plaintiffs filed an Amendment to the Complaint naming Defendant Alex Cha as Doe defendant 3. The matter proceeded to a non-jury trial on January 30-31, 2023. Plaintiffs proceeded as an uncontested trial against Defendant Mina Lim, who failed to appear at trial. Plaintiffs also proceeded as a default prove-up hearing against Defendant Hollywood Enterprises Inc., whose prior Answer was...

Excerpt: ... of Google's ReactX's Confidential Information, its Platform, and/or its proprietary source code in a variety of Google products and platforms, including but not limited to, AdSense “Auto Ads”; Google Ad Manager; Google Ad Exchange; Google Ads; and DV360, all without compensation to ReactX. Defendant Google now moves for an order determining the legitimacy of Plaintiff ReactX's privilege claims and claw back under Code of Civil Procedure sect...

Excerpt: ...Greg Lorber, alleging causes of action for (1) breach of contract – asset purchase agreement, (2) breach of contract – guaranty, (3) accounting, and (4) unfair business practices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleges 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 Lorbe...

Excerpt: ...OR PROCEEDINGS: While incarcerated at Twin Towers Correctional Facility, Gary Salzman Jr. was murdered by his cell mate. Salzman Jr.'s father, Plaintiff Gary Salzman, mother Plaintiff Mary Salzman, and children Plaintiff T.J. and Plaintiff Chloe Brockway, now bring this action against the County of Los Angeles and various employees for Salzman's death. Plaintiffs allege Defendants failed to take reasonable measures to prevent Salzman's death and ...

Excerpt: ...or Code. Plaintiffs also brought a cause of Action for civil penalties under the Private Attorneys General Act. The matter proceeded to a bench trial from January 17, 2023, to January 19, 2023. Thereafter, this court entered judgment in Plaintiffs' favor on March 29, 2023. Plaintiffs filed a Memorandum of Costs on June 16, 2023. Defendant now moves to strike the cost memorandum, or in the alternative, to tax costs. Plaintiffs did not oppose. TENT...

Excerpt: ...chologist, for alleged professional negligence. Plaintiff alleges that Defendant incorrectly diagnosed him with schizophrenia and deemed him incompetent to represent himself in immigration proceedings. In related case number 22VECV01309 (“the defamation case), Plaintiff Soares alleges that Defendant Tehrani defamed him by filing a police report following a death threat phone call that allegedly came from Plaintiff. On July 20, 2023, by motion o...

Excerpt: ...d stayed the case pending arbitration. (See 08/04/2021 Minute Order.) Plaintiff now moves for reconsideration of the court's order compelling the parties to binding arbitration. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for Reconsideration is DENIED. Defendant to give notice, unless waived. DISCUSSION: Motion for Reconsideration I. Judicial Notice Pursuant to Plaintiff's request, the court takes judicial notice of Plainti...

Excerpt: ...areholder of the Company. Plaintiff alleges that Defendants, 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...

Excerpt: ...property and 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 and now asserts one cause of action for specific performance. Defendant Prestige Default Services, LLC, now demurrers to the sole cause of action in the Complaint. Plaintiff opposed. TENTAT...

Excerpt: ...BNY Mellon, N.A. (“BNY”), as Administrator CTA (“Administrator”) for the Estate of Matthew T. Mellon, II (the “Estate”). Plaintiff alleges she had a romantic relationship with the deceased Matthew T. Mellon, II, an heir of the Mellon family. Plaintiff alleges Mellon promised an investment in her fashion design business during his life. Following Mellon's death, Plaintiff filed a creditor's claim in the probate proceeding to recover sa...

Excerpt: ...fendant is indebted to Plaintiff in the amount of $69,183.21 for failure to make payments on a credit account. On July 8, 2022, the court entered Defendant's default. On January 20, 2023, this court entered a default judgment against Defendant in the total amount of $69,686.71. Defendant now moves to set aside the default, default judgment, and vacate the abstract of judgment. Plaintiff does not oppose. TENTATIVE RULING Defendant's Motion to Set ...

Excerpt: ...aintiff. The alleged contract between Plaintiff and Hen Haven required that Hen Haven deliver all eggs produced at its farm to Plaintiff. Plaintiff alleges that Hen Haven, however, has sold some eggs to Defendant Michael Foods. Plaintiff now brings causes of action against Defendant Michael Foods for (1) inducing breach of contract, (2) intentional interference with contractual relations, (3) intentional interference with economic advantage, and ...

Excerpt: ...0 W. Pacific Coast Highway, Long Beach, California 90810. Plaintiff alleges Defendants made material misrepresentations in order to induce Plaintiff to enter into the lease. Plaintiff brings causes of action for (1) fraud, (2) false promise, (3) constructive trust, (4) negligent misrepresentation, (5) Unfair Business Practices, and (6) declaratory relief. Defendant S&S 126 Investment, LLC, has Cross-Complained against Tithe20, LLC, for (1) breach...

Excerpt: ...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 suffere...

Excerpt: ...e 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, (5) breach of fiduciary duty, and (6) unjust enrichment. Plaintiffs now move for an order lifting ...

Excerpt: ...ely alleged a cause of action seeking civil penalties for wage violations under PAGA. On August 4, 2021, Plaintiff dismissed various causes of action from the First Amended Complaint, leaving only the PAGA claim. Thereafter, Plaintiff filed a complaint in arbitration. On March 13, 2023, the parties stipulated to stay litigation of the remaining PAGA claim pending completion of arbitration. Plaintiff now moves this court for an order to (1) lift t...

Excerpt: ...enant of good faith and fair dealing (Milk Barn and ABC), (4) breach of covenant of good faith and fair dealing (Microseries and ABC), (5) intentional interference with contractual relationship (Milk Barn and ABC), (6) intentional interference with contractual relationship (Microseries and ABC), (7) breach of oral contract, and (8) breach of implied-in-fact contract. Plaintiffs allege the following: In 2016, Defendant ABC (which owns Disney Junio...

Excerpt: ...ffered complications immediately after the operation that necessitated emergency treatment. Plaintiffs bring causes of action against Defendant for (1) negligence, (2) breach of bailment, (3) trespass to chattel, and (4) intentional infliction of emotional distress. Defendant now moves to strike portions of Plaintiffs' Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED. No leave to amend is to be granted at t...

Excerpt: ...ustees of the Peter R. Katz and Teresa M. Katz 1998 Family Trust dated June 9, 1998. Plaintiffs hold an undivided 50% interest in three real property lots at North Laurel Canyon Boulevard—Plaintiff Zoe Lynn Katz owns the other 50%. The lots contain two single family residences. Plaintiffs bring this action against Defendant City of Los Angeles and the Los Angeles Department of Building and Public Safety. Plaintiffs allege the City has wrongfull...

Excerpt: ...reed to deliver the gloves to Plaintiff in 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 FAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. ...

Excerpt: ...or Defendants as an Accounts Manager until he was 50 years old, alleges Defendants terminated his employment while on medical leave. Plaintiff alleges his termination occurred due to his age and/or medical leave. 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. The action is stayed pending the res...

Excerpt: ...led a notice of settlement. Plaintiff now moves to recover reasonable attorney's fees and costs. Defendant Mercedes Benz opposed. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $25,800.00. No multiplier is awarded. Plaintiff is also awarded full costs in the amount of $1,564.32. Hence a total amount of $27,364.32 is awarded as reasonable attorney's fees and costs to the Plaintiff. Moving party t...

Excerpt: ...oves for summary judgment, or in the alternative, summary adjudication, of all claims asserted by Plaintiff Rockett Evans only. Plaintiff Evans opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is DENIED WITHOUT PREJUDICE based on insufficient notice, which is a jurisdictional issue. Alternatively, even if service and notice were proper (or that failure to do so can be excused by the ...

Excerpt: ...reholder of the Company. Plaintiff alleges that Defendants, 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)...

Excerpt: ...ley-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 April 18, 2023, Defendant Harbor City Enterprises, Inc.'s...

Excerpt: ...l, M.D. Plaintiff alleges she visited Cedars for a biopsy of her left kidney to address the potential spread of her cancer. Plaintiff alleges that Defendant Raphael, the treating physician, conducted the biopsy on her right kidney instead of her left. In her First Amended Complaint, Plaintiff asserts causes of action for (1) medical negligence, (2) breach of fiduciary duty, and (3) constructive fraud. Defendant Yaniv Raphael, M.D., now moves for ...

Excerpt: ...r, Plaintiff alleges his superiors retaliated against him once Plaintiff discovered they had ordered a sham investigation of a coworker. Plaintiff now brings a Pitchess motion to compel disclosure of the Internal Affairs Investigation File governing the investigation against him. Defendant opposed. TENTATIVE RULING: Plaintiff's motion is GRANTED. Defendant is ordered to produce the entire file No. 20-003284 for in camera review. The Court sets an...

Excerpt: ... 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 GRANTED. The action is stayed pending the results of the arbitration. A Status Review/OSC re: Dismissal is set for 7/26/24 at 8:30 a.m. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Legal Standard “[T]he petitioner bears the burden o...

Excerpt: ...elated cause of action for negligent repair. Plaintiffs alleged they purchased a 2015 Ford Edge that exhibits engine defects. On March 10, 2023, the parties settled the matter. Plaintiffs now move to recover their reasonable attorney's fees and costs. Defendants Ford Motor Company and Peyton Cramer Ford opposed. TENTATIVE RULING: Plaintiffs' Motion for Attorney's Fees is GRANTED IN PART in the total amount of $41,250.00 Plaintiffs are awarded the...

Excerpt: ....; Musicians Institute, Inc.; Musicians Institute—College of Contemporary Music; Jose Hernandez; Larry Carr; and Todd Berhost. Plaintiff alleges she worked for Defendants as an admissions advisor, where she faced sexual harassment. After making complaints of the harassment, Plaintiff alleges she faced retaliation at work, necessitating time off. Defendants Larry Carr and Todd Berhost now separately demurrer to the FAC. Plaintiff opposed both mo...

Excerpt: ...loyment discrimination action that was filed on April 1, 2022. Plaintiffs allege that Defendants engaged in extreme racial and gender discrimination and harassment against Plaintiffs and retaliated against them for complaining about their treatment. Defendant Huntsman Advanced Materials Americas LLC moves to compel further deposition testimony from Plaintiff Reggie Williams. TENTATIVE RULING: Defendant's Motion to Compel Further Deposition Testim...

Excerpt: ...ted Plaintiff from her role as shift manager after she complained of harassing conduct by Defendant Shimol. Plaintiff was later terminated, which Defendants attributed to the Covid-19 pandemic. Plaintiff now brings causes of action for (1) FEHA Disparate Treatment Discrimination, (2) FEHA Quid Pro Quo Sexual Harassment, (3) FEHA Work Environment Harassment, (4) FEHA Retaliation, (5) FEHA Failure to Prevent Harassment, Discrimination, or Retaliati...

Excerpt: ...tended outside of their locked gate. After the theft, Plaintiff reported the incident to Defendant's insurer, Defendant Travelers Casualty Insurance Company of America. Travelers eventually offered Plaintiff $129,165.73 to resolve the claim, which Plaintiff accepted on January 5, 2023. Defendant mailed the check and Plaintiff cashed it. However, Plaintiff alleges the Travelers then issued a stop payment on the check and withdrew the funds from Pl...

Excerpt: ... professional negligence. Plaintiff alleges that Defendant incorrectly diagnosed him with schizophrenia and deemed him incompetent to represent himself in immigration proceedings. Plaintiff has also filed a related case (22VECV01309) against Defendant Tehrani in which he alleges that Defendant defamed him by filing a police report following a death threat phone call that allegedly came from Plaintiff. Defendant now moves for an order (1) declarin...

Excerpt: .... Plaintiff now moves under Code of Civil Procedure section 473 to set this court's prior ruling that Plaintiff cannot pursue or claim any non-economic damages and/or medical economic damages in this case. (See November 23, 2022, Minute Order.) Defendant opposed. TENTATIVE RULING: Plaintiff's motion for relief under CCP Section 473(b) is CONDITIONALLY GRANTED. In lieu of the previous order of “issue sanctions,” monetary sanctions are awarded ...