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

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 ...