Excerpt: ...AIC”). Plaintiffs allege that Defendants have misused AIC's assets, by among other things, granting am unfairly one-sided lease 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 leave to amend to file a First Amended Complaint. Defendant J.E.T.S. Synagogue o...

Excerpt: ...ignments through Defendant Express Services for roles as a forklift operator. Plaintiff alleges that Express Services limited his assignments due to his perceived sexual orientation. Moreover, once assigned to Defendant Atlas Homeware Co. and then Saint Vincent De Paul, Plaintiff alleges he faced further harassment or discrimination from those employers based on his perceived sexual orientation and/or race. This led Plaintiff to voluntarily resig...

Excerpt: ...of action for negligent repair. Plaintiffs allege they purchased a 2015 Ford Edge that exhibits engine defects. Defendant Peyton Cramer Ford now moves for judgment on the pleadings as to the fourth cause of action for negligent repair. Plaintiffs opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings as to the Fourth Cause of Action is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable pos...

Excerpt: ...ion, and electrical system defects, among other things. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of Exhibits 1, 2, and 3. ...

Excerpt: ...g in damage to Plaintiff's property. Plaintiff now moves for leave to file a First Amended Complaint. The motion is unopposed. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED. A stand-alone FAC must be filed and served to all current parties within 10 days. Any new parties must be served in a timely manner as provided by law. Moving party to give notice, unless waived. DISCUSSION: Motion for Leave to Fi...

Excerpt: ...es it owns real property at 5251 E. York Blvd, Los Angeles, CA 90042, leased to Defendants by Plaintiff's predecessor-in-interest. Plaintiff further alleges that the lease term expired on September 11, 2022, but that Defendants remain in possession. Defendant Al Mizrahie now demurs to the Complaint. Defendant Alma Mizrahie filed a joinder and separate Demurrer on December 30, 2022. Plaintiff opposed. TENTATIVE RULING: Defendant Al Mizrahie's Demu...

Excerpt: ...ainst her former employers, Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. Plaintiff, who is disabled, worked as a customer service representative. Plaintiff alleges that Defendants refused to offer reasonable accommodations and terminated her employment. Defendant now moves to compel the California Employment Development Department to produce documents pursuant to its subpoena. Plaintiff and the third-party EDD opposed. TENT...

Excerpt: ...a. He also suffered alleged neck injuries in a car accident. These injuries necessitated leave from work. Plaintiff alleges Defendant discriminately imposed and required that he pass a proficiency exam before returning to work. Plaintiff now brings causes of action for (1) disability discrimination in violation of FEHA; (2) failure to accommodate in violation of FEHA; (3) failure to engage in the interactive process in violation of FEHA; (4) hara...

Excerpt: ...in sexual misconduct toward her. Defendant also allegedly used his influence and power over Plaintiff to intimidate and retaliate against her. Plaintiff brings causes of action against Marquez, the County of Los Angeles, and the City of Inglewood for (1) FEHA discrimination, (2) FEHA harassment, (3) FEHA retaliation, (4) Bane Act (Civ. Code § 52.1), (5) battery, (6) negligence, and (7) negligent hiring, supervision, or retention. Defendant Count...

Excerpt: ...s GP, LLC; and Shlomo Rechnitz. Plaintiff was a resident of a skilled nursing facility owned and/or operated by Defendants. Plaintiff alleged that Defendants failed to use reasonable care, resulting in a severe unstageable pressure sore. Plaintiff alleged causes of action for (1) elder abuse and (2) negligent hiring and supervision. Plaintiff is now deceased; Belen Ramirez has been appointed Plaintiff's Successor in Interest. After Plaintiff's de...

Excerpt: ...rmelean Butler Kizzee STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Cormelean Butler Kizzee brings this action for medical negligence against Defendants Cedars- Sinai Medical Center, Cedars-Sinai Health System, and Yaniv Raphael, 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 ...

Excerpt: ...e motion. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $33,642.00. Plaintiff is awarded its full costs in the amount of $3,331.05. Moving party to give notice, unless waived. DISCUSSION: Motion for Attorney's Fees A. Analysis Plaintiff moves for an order awarding attorney's fees in the amount of $42,922.00. Plaintiff also seeks costs in the amount of $3,331.05. Civil Code § 1794, subdivision ...

Excerpt: ... Act, breach of express warranty, and (2) negligent repair. Plaintiff alleges her vehicle exhibited engine, electrical, and transmission defects. Plaintiff further alleges that Defendant Glendale Nissan negligently repaired the vehicle on numerous occasions. Defendant now moves 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...

Excerpt: ... note in the principal amount of $800,000. The note was secured by a deed of trust on the real property at 12509 W. Sunset Boulevard, Los Angeles, CA. Plaintiff alleges that note was never paid and is still owing in full. Plaintiff further alleges that in February of 2019, Plaintiff issued back to Viltar, LLC a secured promissory note to pay Viltar the principal amount of $90,000.00. At some point after, Viltar, LLC assigned the $90,000 note and ...

Excerpt: ...itioner and Respondent, Open Influence, Inc. (“Respondent” or “Open Influence”.) Respondent opposed. TENTATIVE RULING: Petitioner's Petition to Confirm Arbitration Award is GRANTED. Petitioner is ordered to file and serve a new [Proposed] Judgment within 15 days incorporating the Arbitrator's Award, and as consistent with this ruling. [FN 1] Movant to give notice. DISCUSSION: Petition to Confirm Arbitration Award I. Judicial Notice Pursua...

Excerpt: ...f Guerrero owns multiple pieces of real property within the Los Angeles and San Bernardino counties. Plaintiffs allege that after gaining Guerrero's trust and friendship, Defendant Mariano Alameda Solinap began to represent Guerrero in various real estate purchase and sale transactions. Solinap then introduced Plaintiff Guerrero to the other Defendants. On or about January 8, 2021, Defendants allegedly convinced Guerrero to loan Defendant GMJ Ven...

Excerpt: ...pelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismissal is set for 1/19/24 at 8:30 a.m. Any and all other future dates, if any, are advanced an...

Excerpt: ...ted transmission, engine, and anti-lock brake system defects, among other things. 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 DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notic...

Excerpt: ...deona Healthcare, Inc.; Sovereign Health of Florida, Inc.; Sovereign Health of Phoenix, Inc.; Sovereign Health of Texas, Inc.; Shreya Health of Florida, Inc.; and Shreya Health of Arizona, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Dual Diagnosis Treatment Center, Inc., Satya Health of California, Inc., Adeona Healthcare, Inc., Sovereign Health of Florida, Inc., Sovereign Health of Phoenix, Inc., Sovereign Health of Texas, In...

Excerpt: ...violation of Song-Beverly Act – breach of express warranty, (2) violation of Song-Beverly Act – breach of implied warranty, (3) violation of Song-Beverly Act section 1793.2, and (4) fraudulent concealment. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED. The action is stayed pending the results of the arbitratio...

Excerpt: ...ystem defects, among other things. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Plaintiff to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of Exhibits 1 and 2. 2. Legal Standard “[T]he p...

Excerpt: ... alleges the premises contained dilapidated, dangerous, and materially defective conditions, including broken doors and windows, insect infestation, and lack of heating and water. This resulted in Plaintiff's constructive eviction in May of 2021. Defendant Robin Thimbrel now demurs 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 to file...

Excerpt: ...ts Ronald Seo, Sang Lee, Yoon Ae Choi, and Steven Yoon. Plaintiff, who was President of the HOA at the Richmore Garden Towers, alleges Defendants disrupted an HOA meeting and made false statements that Plaintiff had urged a former management employee to file for worker's compensation in order to receive a $5,000.00 “kick-back.” Defendants now move to strike the entire Complaint pursuant to the Anti-SLAPP statute. Plaintiff did not oppose. TEN...

Excerpt: ..., Inc. Plaintiff, who is disabled, worked as a customer service representative. Plaintiff alleges that Defendants refused to offer reasonable accommodations and terminated her employment. Plaintiff now moves to quash the deposition subpoena seeking employment records from Living Spaces Furniture, LLC. Defendants opposed. [FN 1] TENTATIVE RULING: Plaintiff's Motion to Quash or Modify Subpoena is DENIED. The third party is ordered to turn over all ...

Excerpt: ...arviz and Pari Darabi as a law clerk. During this time, she alleges she discovered that Defendants compelled clients to lie about their injuries to bolster lawsuits and increase insurance payouts. Plaintiff further alleges Defendants created a hostile work environment after Plaintiff turned down Defendant Parviz's sexual advances. In response to Plaintiff's complaints, Defendants retaliated against Plaintiff by making her work-conditions unreason...

Excerpt: ...his unit had defective plumbing, leaking walls and windows, and a severe insect infestation, among other substandard conditions. Plaintiff brings causes of action for (1) breach of contract, (2) breach of implied warranty of habitability, (3) intentional infliction of emotional distress, (4) nuisance, (5) wrongful eviction, (6) negligence, and (7) violation of Civil Code section 1950.5(l). Defendant now demurs to the Third Cause of Action for int...

Excerpt: ... violations under the Labor Code. Plaintiffs also bring a cause of Action for civil penalties for themselves and other aggrieved employees under the Private Attorneys General Act. Defendants now moves for summary adjudication of the eighth cause of action brought under the Private Attorneys General Act. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion for Summary Adjudication is DENIED. Moving party to give notice. DISCUSSION: Motion for ...

Excerpt: ...k Ferrari. Plaintiff alleges he experienced sexual harassment, sexual assault and battery, and a hostile work environment, among other things, by the employer defendant and his agent Defendant Ferrari. Defendants now move for an order continuing the trial date and related deadlines. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Continue Trial and Related Deadlines is GRANTED. The trial is continued to a date to be set at the hearing....

Excerpt: ...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. Plaintiff brings this action against Defendant City of Los Angeles and the Los Angeles Department of Building and Public Safety. Plaintiffs allege the City has wrongfully cited them for, among...

Excerpt: ... Code of 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 ...

Excerpt: ...ndants conspired to steal title to real property owned by Plaintiff Manuel Rodriguez. Defendants also collected rents from the tenants of the subject property. Plaintiffs brought the action for an accounting on the rental income, among other things. The parties filed a Notice of Settlement on May 17, 2022. Plaintiffs now move for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendants oppose. TENTATIVE RULING: Pl...

Excerpt: ...bar, Plaintiff made a sexual reference and commented on Defendant's weight. In response, Escobar posted a screenshot of the conversation and posted it to her Tumblr blog. Plaintiff later learned that the screenshot depicting his lewd messages could be found by a Google search. Plaintiff now brings this action against Defendant Escobar and Tumblr's owner, Defendant Automattic, Inc., for (1) distribution of revenge pornography, (2) intrusion into p...

Excerpt: ...ff Ruth Mary Jay, as Trustee of the John Nikitich Trust Dated June 29, 2000, brings this action against Defendants Robert Dowell individually and as Trustee of the Dowell Family Trust of 1986, and Peggy Dowell individually. Plaintiff alleges that the John Nikitich Trust and Dowell Family Trust are part-shareholders of Plasma Technology Incorporated (“PTI”), a closely-held surface engineering company located in Torrance, CA. Plaintiff's father...

Excerpt: ...ainst Defendants Living the Dream, Applied Plant Science, Inc., Michael Straumietis, and California Numbered Company 4009746. The Trust is the sole owner of real property located at 1646 Blue Jay Way, Los Angeles, CA 90069, which includes a single-family residence. Plaintiffs allege that Defendants Living the Dream and Applied Plant Science, Inc., as tenant and subtenant, respectively, are in unlawful possession of the property. Plaintiff also al...

Excerpt: ...is unopposed. TENTATIVE RULING: Petitioner's Petition to Confirm Arbitration Award is GRANTED. Petitioner is ordered to file and serve a new [Proposed] Judgment within 15 days incorporating the Arbitrator's Award, and as consistent with this ruling. Movant to give notice. DISCUSSION: Petition to Confirm Arbitration Award Legal Standard Any party to an arbitration may petition the court to confirm an arbitration award. (CCP § 1285.) If a petition...

Excerpt: ...2019, and on August 12, 2019, the court entered a default judgment in Plaintiff's favor. Defendant now moves to vacate the default and default judgment. The matter first came for hearing on November 14, 2022. The Assignee at the time, Eugene Kim, requested a continuance to file an opposition. This court continued the hearing to the present date. The motion is now opposed by Plaintiff James Shin, who has been re-assigned the judgment. TENTATIVE RU...

Excerpt: ...��). Plaintiff alleged various products sold at Defendant's stores contained Di(2-ethylhexyl) phthalate (“DEHP”) and/or Diisononyl Phthalate (“DINP”), both of which are 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 November ...

Excerpt: ...nc., dba MCB Acquisition & Logistics Supply Management. Plaintiff, a wholesale manufacturer of medical equipment and supplies, alleges it entered into a sales contract with Defendants for the sale of almost 2 million protective facemasks at $0.18 per unit. The parties then entered into a second sales contract for 3,700,000 additional face masks. The total purchase price of the two contracts was $1,094,480.00. After partial payments, Plaintiff all...

Excerpt: ...ul termination, violations of FEHA, and related causes of action. The court entered the defaults of each Defendant on November 10, 2020. On April 26, 2021, the court entered a default judgment in Plaintiff's favor. Defendants now move to vacate the default judgment as void. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Vacate Default Judgment is GRANTED. Defendants are to file an Answer or other responsive pleading within 30 days. A ...

Excerpt: ...ary duty, and an accounting. On June 10, 2021, plaintiff Khorgos Haokan Pictures & TV Co., Ltd. (“Plaintiff”) filed the instant action's Complaint against defendants Tianjin Tianyishenghua Culture Communication Co., Ltd. (“TTCC”) and Yuan Hui (“Hui”). The Complaint alleges as follows. In early 2017, Plaintiff and TTCC entered into a contract to co-produce a television series (the “Show”). Both Plaintiff and TTCC are incorporated i...

Excerpt: ...ntiff alleges 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 re...

Excerpt: ... 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 asserts causes of action against the chemical manufacturers for (1) negligence, (2) strict liability – warning defect, (3) strict liabili...

Excerpt: ...a Trousse (“The Trousses”) claim that in 2002, their mother Martine Palmaro-Trousse (“Martine”) entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate...

Excerpt: ...a legal action against her former employer. In doing so, he assisted her in mediating and entering a settlement agreement. Plaintiff further alleges that Defendant forced to sign the settlement agreement without giving Plaintiff enough time to review and comprehend it. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Deposition is GRANTED. Plaintiff i...

Excerpt: ...nities based on her race, disability, and age. Defendant now brings this motion for judgment on the pleadings. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, it appears any attempt to avoid the statute of limitations issue would ...

Excerpt: ...Y(S): Plaintiff Miller Uwanawich STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Peter L. Uwanawich alleges he took two 1963 Corvettes to Defendant Johns Fuel Injection Service for restoration. John Marquardt, proprietor of Johns Fuel Injection, passed away before completing the work. Defendants then returned the Corvettes to Plaintiff disassembled, inoperable, and/or without the parts purchased. Plaintiff brings causes of action for (1...

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

Excerpt: ... Deed Network (collectively “Defendants”). Plaintiff alleges the following causes of action against Defendants: (1) Fraud, (2) Negligent Misrepresentation, (3) Conspiracy to Defraud, (4) Violation of Usury Laws, (5) Unfair Business Practices, (6) Cancellation of Instrument, (7) Abuse of Process, (8) Accounting, (9) Injunctive Relief, and (10) Declaratory Relief. This action arises out of the sale of real property located at 5529 Vanalden Stre...

Excerpt: ...r, Plaintiff made a sexual reference and commented on Defendant's weight. In response, Escobar posted a screenshot of the conversation and posted it to her Tumblr blog. Plaintiff later learned that the screenshot depicting his lewd messages could be found by a Google search. Plaintiff now brings this action against Defendant Escobar and Tumblr's owner, Defendant Automattic, Inc., for (1) distribution of revenge pornography, (2) intrusion into pri...

Excerpt: ...Fire Insurance Company RESPONDING PARTY(S): Plaintiff Rangel Steel, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a construction dispute. Plaintiff Rangel Steel, Inc. was a subcontractor providing steel services pursuant to a Trade Contract on the Frank Gehry designed “The Grand LA” (the “Project”), a mixed-use project located in downtown Los Angeles. Plaintiff alleges that at least $1,146,457.06 remains due under the subco...

Excerpt: ...anufactured by Defendant Hyundai Motor America. Plaintiffs sued Defendant manufacturer for (1) violation of Song-Beverly Act – breach of express warranty, (2) violation of Song-Beverly Act – breach of implied warranty, and (3) violation of Song- Beverly Section 1793.2. Plaintiffs also sued the dealer for (4) negligent repair. Defendants now move for an order compelling Plaintiffs to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaint...

Excerpt: ...etary 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 demurrers to the Second Amended Complaint's second cause of action for breach of the implied covenant and fair dealing. Defendant also moves to strike portions of the SAC. Plaintiff ReactX opposed. TENTATIVE RULI...

Excerpt: ...auses of action against Stericycle. Defendant demurs to certain causes of action in the Second Amended Complaint, which are the same causes involved in the previous demurrer, and to which this Court granted leave to amend. Plaintiff opposed the pending demurrer. TENTATIVE RULING: Defendant's Demurrer as to the First, Second, Third, Fourth, and Seventh causes of action is OVERRULED. Defendant is to file an Answer to the SAC, as modified by this ru...

Excerpt: ...ntiff alleges that it entered into a written construction contract with Defendant Stellar as a contractor for the design and construction of ultra-low charge refrigeration units. In turn, Defendant Stellar subcontracted aspects of the project to Defendant Hill Phoenix, Inc. Plaintiff alleges the refrigeration units exhibit continued failures and that Defendants have failed to repair them. Plaintiff brings five causes of action: against Stellar fo...

Excerpt: ...s. Plaintiff provided her name and credit, as well as a $21,033.00 cash “down-payment.” Defendant then tricked Plaintiff into signing loan documents and two (2) quitclaim deeds, transferring titles to both properties free and clear to Defendant. Defendant also placed Plaintiff's name on the finance mortgage loans. Thereafter, and without Plaintiff's knowledge or consent, Defendant transferred title to both properties. Plaintiff remains a guar...

Excerpt: ...aged in an underinsured motorist arbitration proceeding. Joseph Bonica is the Respondent. Petitioner now moves to dismiss the arbitration proceeding based on Respondent's failure to diligently prosecute his claim. Respondent opposed. TENTATIVE RULING: Petitioner's Motion to Dismiss Arbitration Proceeding is GRANTED. Moving party to give notice, unless waived. DISCUSSION: Motion to Dismiss Arbitration Proceeding The motion arises from respondent B...

Excerpt: ...ges her vehicle exhibited abnormal brake noise, continued electrical sensory issues, and faulty PDC sensors, among other defects. 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 11/16/23 at 8...

Excerpt: ...Defendant terminated her employment after she returned from medical leave. 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 11/16/23 at 8:30 a.m. Moving party to give notice, unless waived. DI...

Excerpt: ...orkov, and Rodrigo Palma bring this action against Defendants County of Los Angeles and the Los Angeles County Department of Public Works. Plaintiffs allege they each worked for the County and its third-party vendor, American Airports Corporation. In mid 2021, the County informed American Airports Corporation that it would take over the management of its own airports, and invited Plaintiffs to apply to retain their employment positions. Plaintiff...

Excerpt: ...reside at 113 N. Cedar Street, Glendale, CA 91206 (“the premises”). Plaintiffs bring this action against Defendants Ivy Glen Housing Corporation, Ivy Glen Apartments, Monfric Acquisition and Development, Inc., Monfric, Inc., and Bluegreen Preservation and Development Company, LLC, all of whom allegedly have an ownership or management interest in the premises. Plaintiffs allege that the premises has a malfunctioning elevator, infestation of ro...

Excerpt: ...Azinian”), asserting a single cause of action for breach of written guaranty. Plaintiff alleges Defendants have failed to pay rent, costs, and expenses they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place of Westwood, Inc. Subsequently, Defendant Sugarman filed a Cross-Complaint against Defendant Azinian for (1) breach of contract, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief. Defe...

Excerpt: ...sed the motion. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $41,250.00 In addition, Plaintiff is awarded costs in the amount of $10,519.21. Moving party to give notice, unless waived. DISCUSSION: Motion for Attorney Fees 1. Analysis Plaintiff moves for an order awarding attorney's fee in the amount of $49,792.50, plus a lodestar multiplier of 1.5, for a total of $74,688.75. Plaintiff also see...

Excerpt: .... Trust Deed Network (collectively “Defendants”). Plaintiff alleges the following causes of action against Defendants: (1) Fraud, (2) Negligent Misrepresentation, (3) Conspiracy to Defraud, (4) Violation of Usury Laws, (5) Unfair Business Practices, (6) Cancellation of Instrument, (7) Abuse of Process, (8) Accounting, (9) Injunctive Relief, and (10) Declaratory Relief. This action arises out of the sale of real property located at 5529 Vanald...

Excerpt: ...s Carolina Perez and Ricky Perez allegedly owned the apartment building from 2002 through late 2017. Defendant Red Hook Properties, LLC is the current owner. Plaintiffs allege the apartments contain(ed) numerous deficiencies and conditions that render them uninhabitable. Plaintiffs bring causes of action for (1) breach of warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of covenant of quiet enjoyment, (4) neg...

Excerpt: ...�). Plaintiff alleged various products sold at Defendant's stores contained Di(2-ethylhexyl) phthalate (“DEHP”) and/or Diisononyl Phthalate (“DINP”), both of which are 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. Defendant Enc...

Excerpt: ...tor in the Project, which was to be managed by Defendants Jose Tariffa and Bolmex Financial Group, Inc. Plaintiff alleges that due to Defendants' financial mismanagement, misappropriation of loan funds, and other misdeeds, Plaintiff suffered injury. On March 27, 2020, Defendants Jose Tariffa and Bolmex Financial Group, Inc. (hereinafter “Cross- Complainants”) filed a Cross-Complaint against Justin Bodiya, John Barret, Rodrigo Vildosola, and V...

Excerpt: ...t Steffanie Stelnick provided legal representation on an action titled Saunders v. Global Aerospace Technology Corp., et al. (PC057761), without ever executing a retainer agreement. The case was dismissed following a March 21, 2019, demurrer sustained without leave to amend, which led to entry of an attorney fee judgment of $54,375. Following the dismissal, and without the permission of Defendant, Defendant filed a second “shareholder complaint...

Excerpt: ... MOVING PARTY: Defendants VWR Funding, Inc.; VWR Global Holdings, Inc.; VWR International, LLC; Avantor Performance Materials, Inc.; Avantor Performance Materials, LLC RESPONDING PARTY(S): Plaintiff Lizeth Saenz STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment case. Plaintiff Lizeth Saenz alleges her employers wrongfully terminated her employment when she became pregnant and prepared for leave. The First Amended Complaint inc...

Excerpt: ...and wage and hour action. Plaintiff Vi Khuong (“Khuong”) alleges that Defendants misclassified her as an exempt worker when she was in fact an hourly employee. Plaintiff also alleges she endured various forms of harassment and violence from her employer. Defendants cross-claimed against Plaintiff and her business, RDC Nail Salon, based on alleged misrepresentations and misuse of Defendants' property. Defendants now move to quash Plaintiff's d...

Excerpt: ...sought and obtained a preliminary injunction preventing Defendant Ben and Reef and the other entity Defendants from hosting large gatherings at their event space. Defendants in the related case Cross-Complained against the County. The County successfully moved to strike the Cross-Complaint pursuant to the anti-SLAPP statute. The court awarded attorney's fees on the successful anti-SLAPP motion. Defendant Ben and Reef defaulted in the related case...

Excerpt: ...r Developmental Disabilities Foundation (dba Harbor Regional) (“Harbor Regional”) for (1) violation of California Labor Code section 98.6 and 1102.5, and (2) wrongful termination in violation of public policy. Plaintiff worked for Defendant as a Service Coordinator. During a meeting with his supervisor, Plaintiff alleges he expressed concern that Defendant was recommending a particular group home to its disabled female clients. Plaintiff beli...

Excerpt: ...tributor. Joseph Ross, a director and former officer of Freshtech, alleges that he was sidelined and forced out by Nazir Mir and Scott Keller, Freshtech's other officers and directors, because they were engaging in improper conduct. Mir and Keller allege in their cross-claims that Ross was engaging in improper conduct himself by competing with Freshtech through rPlanet Earth (“RPE”), a separate company he was involved with. Cross-Defendants r...

Excerpt: ...mended Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED IN ITS ENTIRETY. Defendant is to file an Answer (if she hasn't already done so) within 21 days. Moving party to give notice. DISCUSSION: Motion to Strike Meet and Confer The Declaration of Attorney Richard Wood reflects that the meet and confer requirement was satisfied. (CCP § 430.41.) Legal Standard A motion to strike lies either (1) to strike any ir...

Excerpt: ...”), participated in binding arbitration before Arbitrator Judge Ann Kough (Ret.). The Arbitrator ordered that White Lotus pay Derco $720,952.90 in damages, attorney fees, and costs. Petitioner White Lotus brings this motion to correct or vacate the arbitration award made in favor of Respondent Derco. Respondent opposed. TENTATIVE RULING: Petitioner's Petition to Vacate or Correct the Arbitration Award is DENIED. The award is confirmed as made. ...

Excerpt: ...l Rodriguez, alleging Defendants conspired to steal title to real property owned by Plaintiff Manuel Rodriguez. Defendants also collected rents from the tenants of the subject property. Plaintiffs brought the action for an accounting on the rental income, among other things. The parties filed a Notice of Settlement on May 17, 2022. Plaintiffs now move for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendants di...

Excerpt: ...mplaint in its entirety. Defendant now moves to have Plaintiff deemed a vexatious litigant and to require Plaintiff to furnish security. This motion first came for hearing on September 16, 2022. Counsel for Defendant appeared at the hearing—Plaintiff, in pro per, did not appear. The court continued the hearing to this date and invited each party to submit a supplemental brief addressing the court's tentative ruling. The court has read and consi...

Excerpt: ...factured by Defendant American Honda Motor Co., Inc. (“American Honda”). Plaintiffs allege the vehicle has transmission defects. They bring Song-Beverly violations for (1) breach of express warranty and (2) breach of implied warranty. Defendant American Honda now demurs to the Complaint. Plaintiffs have not opposed. TENTATIVE RULING: Defendant's Demurrer to the Complaint is SUSTAINED, with thirty (30) days leave to amend. DISCUSSION: Demurrer...

Excerpt: ...This is an employment dispute. Plaintiff Jeannette Zanipatin (“Zanipatin”) a formerly worked as a Legislative Staff Attorney for Defendant Mexican American Legal Defense and Educational Fund (“MALDEF”). Plaintiff alleges that MALDEF forced her resignation in response to her request for a reasonable accommodation: that she be allowed a temporary transfer from Sacramento to Southern California, so that she could personally attend to the ser...

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

Excerpt: ...fell on a defective sidewalk on Hollywood Boulevard. The Defendants are the City of Los Angeles (“City”) and Los Angeles County Metropolitan Transportation Authority (“Metro.”) Plaintiff asserts a single cause of action for dangerous condition of public property. Defendant City and Defendant Metro have each filed Cross-Complaints against the other for (1) Indemnification, (2) apportionment of fault, and (3) declaratory relief. Defendant M...

Excerpt: ... Plaintiff provided her name and credit, as well as a $21,033.00 cash “down-payment.” Defendant then tricked Plaintiff into signing loan documents and two (2) quitclaim deeds, transferring titles to both properties free and clear to Defendant. Defendant also placed Plaintiff's name on the finance mortgage loans. Thereafter, and without Plaintiff's knowledge or consent, Defendant transferred title to both properties. Plaintiff remains a guaran...

Excerpt: ... breach of fiduciary duty, and an accounting. On June 10, 2021, plaintiff Khorgos Haokan Pictures & TV Co., Ltd. (“Plaintiff”) filed the instant action's Complaint against defendants Tianjin Tianyishenghua Culture Communication Co., Ltd. (“TTCC”) and Yuan Hui (“Hui”). The Complaint alleges as follows. In early 2017, Plaintiff and TTCC entered into a contract to co-produce a television series (the “Show”). Both Plaintiff and TTCC a...

Excerpt: ...inian”), asserting a single cause of action for breach of written guaranty. Plaintiff alleges Defendants have failed to pay rent, costs, and expenses they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place of Westwood, Inc. Subsequently, Defendant Sugarman filed a Cross-Complaint against Defendant Azinian for (1) breach of contract, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief. Defend...

Excerpt: ...efendant Booftech, LLC dba 2020HIEFFECT. On October 13, 2021, Plaintiff added Ryan Derouchey and Sunshine Ways Inc. as doe defendants. On December 14, 2021, Plaintiff filed a First Amended Complaint, adding Alexis Gonzalez as a new Defendant. Defendant Alexis Gonzalez now demurs to each cause of action in the First Amended Complaint. Plaintiff opposed. TENTATIVE RULING: Defendant's Demurrer to the Fourth, Fifth, Sixth, Seventh, Eighth, and Tenth ...

Excerpt: ... part of the lease, Defendants orally agreed “not to move in a family member to the Plaintiff's unit, which was in consideration for Plaintiff providing landscaping materials and services that upgraded the Defendants' property including arranging to have 100's of potted plants and other landscaping materials planted at Defendants' property.” (FAC ¶ 7.) Plaintiff alleges that Defendants breached the covenant of quiet enjoyment by permitting a...

Excerpt: ...der compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismissal is set for 9/28/23 at 8:30 a.m. This court defers its ruling on the issue of dis...

Excerpt: ...liot Tishbi, for various Labor Code violations. Plaintiff, who worked for Defendants as a loss prevention clerk, alleges that Defendants failed to pay wages, failed to pay overtime, and misclassified him as an independent contractor, among other things. Defendant/Cross-Complainant A Plus Fabric, Inc., has filed a Cross-Complaint against Plaintiff asserting a single cause of action for negligence. Cross-Complainant alleges that Plaintiff operated ...

Excerpt: ...hcare of California, Molina Healthcare of California Partner Plan, Inc. (the “Molina Defendants”). Plaintiff worked for the Molina Defendants as a Leave of Absence Supervisor. After experiencing a traumatic family event that necessitated a medical leave of absence, Plaintiff alleges Defendants terminated her employment. Defendants now move bifurcate Plaintiff's claim for punitive damages from liability and compensatory damages. Plaintiff oppo...

Excerpt: ...s they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place of Westwood, Inc. Subsequently, Defendant Sugarman filed a Cross-Complaint against Defendant Azinian for (1) breach of contract, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief. Defendant Azinian also filed a Cross-Complaint, asserting a cause of action for (1) declaratory relief against both WVS and Sugarman, and for equitable inde...

Excerpt: ...ant now moves for an order compelling Plaintiff to arbitrate his individual PAGA claim pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismissal is set for 9/22/23 at 8:30 a.m. This court ...

Excerpt: ...al system defects. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of Exhibits 1 and 2. Pursuant to Plaintiff's Request, the cour...

Excerpt: ...ornia Pain Consultants, Inc. and Kenneth Sterling Bradley. Plaintiff, as a single mother, alleges she experienced harassment and discrimination due to her marital status and gender. She also alleges that Defendants retaliated against her by taking Fridays from her work schedule. On Plaintiff's last day of work, she alleges that Defendants assaulted her by hitting her with a door. Defendants now move for an order compelling Plaintiff to appear for...

Excerpt: ...his court granted Defendant's motion to compel arbitration. Plaintiff now brings his own “motion to compel arbitration,” contending that Defendant has not complied with the terms of the arbitration agreement. Plaintiff asks this court to order Defendant to arbitrate this action before JAMS or Judicate West, rather than AAA. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Compel Arbitration before JAMS or Judicate West is DENIED. Un...

Excerpt: ...Wellness GP, LLC; and Shlomo Rechnitz . Plaintiff was a resident of a skilled nursing facility owned and/or operated by Defendants. Plaintiff alleged that Defendants failed to use reasonable care, resulting in a severe unstageable pressure sore. Plaintiff alleged causes of action for (1) elder abuse and (2) negligent hiring and supervision. Plaintiff is now deceased; Belen Ramirez has been appointed Plaintiff's Successor in Interest. After Plaint...

Excerpt: ...ntiff alleges Defendant owes him $59,000 for unpaid services. Defendant Martinez has Cross-Complained against Hernandez for (1) breach of contract, (2) indemnity, (3) fraud, (4) Bus. & Prof. Code section 7160, (5) CCP Section 1029.8, (6) Bus. & Prof. Code Section 7031, and (7) declaratory relief. Defendant now demurs to the single cause of action in the Complaint. Defendant also moves to strike portions of the Complaint. Plaintiff opposed. TENTAT...

Excerpt: ...t Defendants T.B. Penick & Sons, Inc. (“Defendant” or “Penick”), The Western Surety Company (“Western”), and Long Beach Unified School District (“Defendant” or “the District”). R&J alleged that on or about November 20, 2014, Plaintiff and Defendants entered into a written agreement where Plaintiff, as a subcontractor of Defendant Penick, was to provide labor and materials for the installation of cut and fabricated sheet- metal...

Excerpt: ...Complaint in its entirety. Defendant now moves to have Plaintiff deemed a vexatious litigant and to require Plaintiff to furnish security. TENTATIVE RULING: Defendant's motion to have Plaintiff deemed a vexatious litigant is DENIED WITHOUT PREJUDICE. The request for the posting of security is also DENIED. DISCUSSION: Motion to Declare Vexatious Litigant Defendant moves to have Plaintiff Ashley Jordan Wallens deemed a vexatious litigant. Defendant...

Excerpt: ...star Mortgage, LLC, the deed of trust dated 7/17/2006, in the amount of $1,000,000, for the subject property located at 2241 Flintridge Dr., Glendale, CA 91206. After the assignment, Plaintiff alleges her first monthly statement showed an $800 increase. Plaintiff sought answers from Nationstar but to no avail. Nationstar then posted a notice of trustee sale; before the sale, Plaintiff obtained a loan modification. The modification resulted in a n...

Excerpt: ...t inducement. Plaintiff now moves for leave to file a First Amended Complaint. The motion is unopposed. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED. A stand-alone FAC must be filed and served to all current parties within 10 days. Any new parties must be served in a timely manner as provided by law. Defendant's demurrer and motion to strike set for hearing on September 26, 2022, are now MOOT and tak...

Excerpt: ...endant Atlantic Solutions Group, Inc. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff did not oppose the motion. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismi...