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: ...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...

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: ...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...