Excerpt: ...suspension system defects, among other things. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. This matter first came for hearing unopposed on February 8, 2023. At the hearing, Plaintiff attributed the failure to file an opposition to a calendaring error and made an oral motion to continue the hearing so that an opposition could be filed. [FN 1] This court granted that request and con...

Excerpt: ... 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 Investments, LLC (the “LLCs”). The Trousses allege that Defendants mishandled the Inheritance Money, misreprese...

Excerpt: ...t on March 14, 2017, Defendant Apodaca was administrator in the matter of Estate of Adelina Bejarano dba Adelina Apodaca Bejarano, (LASC Case No. 16STPB05763) (the “Estate Matter”). Defendant Casas, a licensed California attorney, represented Apodaca in the Estate Matter. As a condition of the issuance of Letters of Administration, Apodaca obtained from Plaintiff Suretec an Administrator Bond in the principal amount of $300,000.00. Defendant ...

Excerpt: ...ers. Plaintiff's mother, the now deceased Sharlene Thomas, entered into an annual lease for the property sometime in 2022. Following her mother's death, Plaintiff alleges that Defendants forcibly entered the premises, changed the locks, and denied Plaintiff reentry because her name is not on the lease. Plaintiff brings causes of action for (1) forcible entry, (2) forcible detainer, (3) breach of implied covenant of quiet enjoyment, and (4) wrongf...

Excerpt: ...e real property after being the highest bidder at a Trustee's foreclosure sale on September 8, 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, enjoining any non-judicial foreclosure action against the property. It is further alleged that on Octobe...

Excerpt: ...wful detainer action against 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 prop...

Excerpt: ...ges it purchased the real property after being the highest bidder at a Trustee's foreclosure sale on September 8, 2020, where it purchased the Second Deed of Trust on the property. Thereafter, Plaintiff alleges Defendants, who owned the First Deed of Trust on the property, engaged in a conspiracy to defraud Plaintiff. Plaintiff obtained a TRO on January 7, 2021, enjoining any non-judicial foreclosure action against the property. It is further all...

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, in fact, Jain was allegedly negotiating a sale of Bridg in a transaction that would represent a substantial premium from the valuation Jain disclosed to DailyGobble....

Excerpt: ...on when Officer Kelly unjustifiably detained her and used excessive force. Plaintiff asserts causes of action for (1) Unreasonable Search and Seizure-Detention and Arrest, (2) Unreasonable Search and Seizure – Excessive Force, (3) Assault, (4) Battery, (5) Sexual Battery, (6) Intentional and Negligent Infliction of Emotional Distress, (7) Negligence, (8) Negligent Use of Force, and (9) Violation of Bane Act. Defendant City of Los Angeles now mo...

Excerpt: ..., 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. Plaintiff moves for leave to file a First Amended Complaint. Defendan...

Excerpt: ...h Israel Congregation, Inc (“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. Plaintiff now moves for an order compelling the second deposition of Defe...

Excerpt: ...y 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.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3)...

Excerpt: ...ner action against 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. Plai...

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 ...