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

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

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

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

Excerpt: ...Physicians, Inc. Plaintiffs allege Defendant terminated their employment after Plaintiffs reported that a fellow employee had engaged in a scheme to steal money and product from Defendant. Plaintiffs bring causes of action for (1) violation of Labor Code section 1102.5, (2) wrongful termination in violation of public policy, and (3) defamation. Plaintiffs now move for an order granting them leave to file a First Amended Complaint. Defendant oppos...

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

Excerpt: ...orporation of their deceased former lawyer, Judith Salkow Shapiro, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Legal Malpractice, (3) Fraud and Deceit, (4) Negligent Misrepresentation, and (5) Breach of Fiduciary ...

Excerpt: ...d wrongful termination in 2020. Plaintiff alleges he suffered a stroke on or about August 13, 2019. The stroke caused Plaintiff to suffer cognitive difficulties that made it difficult for Plaintiff to spell when writing or typing. This required that Plaintiff return to work with certain restrictions. Upon his return, Plaintiff alleges that Defendants assigned him cases known as “problem files” and failed to reasonably accommodate his disabili...

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

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

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

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

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

Excerpt: ...leges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Bridg. Defendant Jain approached Plaintiff about a potential sale of its shares, and falsely represented that the shares were worth no more than $0.75 each. At the same time, Defendant was negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble. In reliance o...

Excerpt: ...nting, and (4) unfair business practices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleges that LACAUSA and XCVI entered into an asset purchase agreement (“APA”) on August 8, 2019. In connection with the APA, Defendant Lorber and XCVI entered into a guaranty (“Guaranty”) whereby Lorber guaranteed LACAUSA's obligations under the APA, on August 8, 2019. Pursuant to the APA, LACAUSA was to pay XCVI a total of $727,982.97 as fo...

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

Excerpt: ...he property and submitted a cashier's check sufficient to cover the bid. Defendant, however, allegedly rejected Plaintiff's bid and offered to return the funds. Plaintiff alleges Defendant wrongfully rejected the bid in violation of California Civil Code § 2924m and now asserts one cause of action for specific performance. Defendant Prestige Default Services, LLC, now demurrers to the sole cause of action in the Complaint. Plaintiff opposed. The...

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

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

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

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

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

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

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

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

Excerpt: ...f in the United States by air freight. Plaintiff alleges it wired $825,000.00 for air freight by chartered plane—however, Defendant had not obtained the gloves and had failed to take the legal steps necessary to ship them. Defendant then made repeated misrepresentations regarding the status of the shipment. At the time of the FAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. Plaintiff now moves to add various jud...

Excerpt: ...ispute. Plaintiff Kurt Oliver worked for Defendant International Union of Operating Engineers Local 12 as a Business agent and later as a District Representative. Plaintiff alleges Defendants terminated his employment immediately after returning from medical leave. Plaintiff brings causes of action for (1) Disability Discrimination (Cal. Gov't Code § 12940(a)) and (b), (2) Failure to Accommodate (Cal. Gov't Code § 12940(m)), (3) Retaliation/Dis...

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

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

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

Excerpt: ...Greg Lorber, alleging causes of action for (1) breach of contract – asset purchase agreement, (2) breach of contract – guaranty, (3) accounting, and (4) unfair business practices Under Cal. Bus. & Prof. Code § 17200, et seq. Plaintiff alleges that LACAUSA and XCVI entered into an asset purchase agreement (“APA”) on August 8, 2019. In connection with the APA, Defendant Lorber and XCVI entered into a guaranty (“Guaranty”) whereby Lorbe...

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

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

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

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

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

Excerpt: ...property and submitted a cashier's check sufficient to cover the bid. Defendant, however, allegedly rejected Plaintiff's bid and offered to return the funds. Plaintiff alleges Defendant wrongfully rejected the bid in violation of California Civil Code § 2924m and now asserts one cause of action for specific performance. Defendant Prestige Default Services, LLC, now demurrers to the sole cause of action in the Complaint. Plaintiff opposed. TENTAT...

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

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

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

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

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

Excerpt: ...e action for the benefit of nominal Defendant Ahavath Israel Congregation, Inc (“AIC”). Plaintiffs allege that Defendants have misused AIC's assets, by among other things, gifting property to Defendant J.E.T.S. Synagogue. Plaintiffs bring this action for (1) rescission of lease, (2) rescission of deed, (3) money had and received, (4) conversion, (5) breach of fiduciary duty, and (6) unjust enrichment. Plaintiffs now move for an order lifting ...

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

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

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

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

Excerpt: ...reed to deliver the gloves to Plaintiff in the United States by air freight. Plaintiff alleges it wired $825,000.00 for air freight by chartered plane—however, Defendant had not obtained the gloves and had failed to take the legal steps necessary to ship them. Defendant then made repeated misrepresentations regarding the status of the shipment. At the time of the FAC's filing, Defendant had not delivered the gloves or returned the $825,000.00. ...

Excerpt: ...or Defendants as an Accounts Manager until he was 50 years old, alleges Defendants terminated his employment while on medical leave. Plaintiff alleges his termination occurred due to his age and/or medical leave. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The action is stayed pending the res...

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