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