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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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: ...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...