Excerpt: ...EPTIONAL CIRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) DEMURRER TO COMPLAINT; (2) DEMURRER TO CROSS- COMPLAINT; (3) MOTION TO STRIKE PORTIONS OF CROSS- COMPLAINT MOVING PARTY: (1) Defendant T-Five USA, Inc.; (2)-(3) Plaintiff/Cross-Defendant Daegeon Co., Ltd. RESPONDING PARTY(S): (1) Plaintiff Daegeon Co., Ltd.; (2)-(3) Defendant/Cross-Complainant T-Five USA, Inc. STATEMENT OF MATER...

Excerpt: ...8 (OR WWW.COURTCALL.COM). IF YOU APPEAR IN PERSON AT THE HEARING, YOU WILL BE SUBJECT TO ALL SOCIAL DISTANCING RULES, INCLUDING THE WEARING OF AN APPROPRIATE FACE MASK/COVERING (ABSENT ANY EXCEPTIONAL CIRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) MOTION TO DESIGNATE CASE [VIVERA] AS COMPLEX PURSUANT TO CALIFORNIA RULES OF COURT 3.400, ET SEQ.; (2) MOTION TO RECLASSIFY CASE [EDALAT] ...

Excerpt: ...eges wage and hour violations, as well as disability discrimination and harassment. Plaintiff petitions to vacate the arbitration award. Defendants Related Management Company, L.P. and The Related Companies of California move to confirm the arbitration award. TENTATIVE RULING: Plaintiff Marco Ortiz's petition to vacate arbitration award is DENIED. Defendants Related Management Company, L.P. and The Related Companies of California's petition to co...

Excerpt: ...ING RULES, INCLUDING THE WEARING OF AN APPROPRIATE FACE MASK/COVERING (ABSENT ANY EXCEPTIONAL CIRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) MOTION TO CONSOLIDATE RELATED CASES CABO, VIVERA, AND BROWN; (2) JOINDER OF FRED BATTAH, JM LOGISTICAL SERVICES, AND REAL VALUE PRODUCTS CORPORATION IN MOTION; (3) JOINDER OF FEDERICO GUILLERMO CABO, FEDERICO GUILLERMO CABO ALVAREZ, AND JOMEX LL...

Excerpt: ...CUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION MOVING PARTY: Defendants Morgan Stanley & Co., LLC and John R. Privitelli RESPONDING PARTY(S): Plaintiffs Adam Devone, Mario Frank Voce, and Julia Voce, as co-trustees; and Adam Voce, as personal representative to Maurice Voce STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS...

Excerpt: ...ES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION FOR PRIORITY TRIAL SETTING PURSUANT TO CCP § 36(a); MOVING PARTY: Defendant and Cross-Complainant John Peri RESPONDING PARTY(S): Defendant City of Los Angeles, Defendant/Cross- Complainant/Cross-Defendant Douglas Carr; Defendant Agnes Huff; Defendant/Cross-Defendant Manan Shah STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges th...

Excerpt: ... IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) DEMURRER TO FIRST AMENDED COMPLAINT; (2) MOTION TO STRIKE FIRST AMENDED COMPLAINT MOVING PARTY: (1) and (2) Defendant Paula Kane RESPONDING PARTY(S): (1) and (2) Plaintiff Jane Betts STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she was fired from her position as Defendant's legal assistant, after over 25 years, based on age, gender, and d...

Excerpt: ...MSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) APPLICATION TO APPEAR PRO HAC VICE; (2) PLAINTIFF'S PITCHESS MOTION; (3) INDIVIDUAL DEFENDANTS' PITCHESS MOTION MOVING PARTY: (1) Attorney David Blanke, as counsel for Defendants Rafael “Rene” Munoz, Gregory Rodriguez, David Silverio, and Michael Hernandez; (2) Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Lou...

Excerpt: ...PTIONAL CIRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION FOR PROTECTIVE ORDER RE: PLAINTIFFS' REQUEST TO TAKE 47 ADDITIONAL DEPOSITIONS MOVING PARTY: Defendants Southern California Edison Company and Edison International RESPONDING PARTY(S): Plaintiffs Alfredo Martinez and Justin Page STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination case. Plaintiffs Alf...

Excerpt: ...THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION TO COMPEL DEFENDANT HUA MAO TO ATTEND AND TESTIFY AT DEPOSITION AND PRODUCE DOCUMENTS THEREAT, AND FOR MONETARY SANCTIONS AGAINST DEFENDANT HUA MAO AND HER ATTORNEYS OF RECORD IN THE AMOUNT OF $3,011.65 MOVING PARTY: Plaintiff Maohai Zheng RESPONDING PARTY(S): Defendant Hua Mao STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff, a resident of China, alleges ...

Excerpt: ...IRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION TO STRIKE OR TAX COSTS MOVING PARTY: Plaintiff Weijing Zhao aka Jessie Zhao RESPONDING PARTY(S): Defendants Global Valley, LLC and David Kuo STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that Defendant David Kuo had failed to account to Plaintiff for her 50% interest in Defendant Global Valley, LLC. The Court grante...

Excerpt: ...AINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) MOTION FOR SUMMARY ADJUDICATION ON FIRST CAUSE OF ACTION FOR PARTITION; (2) MOTION TO COMPEL COMPLIANCE WITH FURTHER RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR MONETARY SANCTIONS; (3) MOTION TO QUASH DEPOSITION SUBPOENA (CCP § 1987.1) AND REQUEST FOR SANCTIONS MOVING PARTY: (1)-(2) Plaintiff Loretta Lotito; (3) Defendant Carl Lotito RE...

Excerpt: ...ONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. DEMURRERS AND MOTIONS TO STRIKE MOVING PARTY: Demurrers: (1) Defendant Continental Precision Stamping, Inc.; (2) Defendant Kenneth Gruber; (3) Defendant Sandra Gruber. Motions to Strike: (4) Defendant Continental Precision Stamping, Inc.; (5) Defendant Kenneth Gruber; (6) Defendant Sandra Gruber RESPONDING PARTY(S): No oppositions on eCourt as of June 28, 2020...

Excerpt: ...TANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION TO COMPEL ARBITRATION AND STAY THIS ACTION AGAINST PLAINTIFF MOVING PARTY: Defendants Five Star Home Health, Inc. and Anthony Nieves RESPONDING PARTY(S): Plaintiff Evelin Russell STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that she was harassed and discriminated against after she ended a romantic relationship with Defen...

Excerpt: ... AND TAX PLAINTIFF'S SUPPLEMENTAL MEMORANDUM OF COSTS FILED PURSUANT TO COURT ORDER; (6) PLAINTIFF'S MOTION FOR AN ORDER STRIKING AND/OR TAXING DEFENDANT XL SPECIALTY'S SUPPLEMENTAL MEMORANDUM OF COSTS MOVING PARTY: (1) Plaintiff Gail Hollander; (2) The XL Defendants; (3) Defendant XL Specialty Insurance Company; (4) Plaintiff Gail Hollander; (5) The XL Defendants; (6) Plaintiff Gail Hollander. RESPONDING PARTY(S): (1) The XL Defendants; (2)-(3) ...

Excerpt: ...AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) DEFENDANT XYPEX CHEMICAL CORPORATION'S MOTION TO STRIKE PRAYER FOR PREJUDGMENT INTEREST; (2) DEFENDANT MALARKEY ROOFING PRODUCTS' MOTION TO STRIKE CERTAIN PORTIONS OF PLAINTIFFS' COMPLAINT MOVING PARTY: (1) Defendant Xypex Chemical Corporation; (2) Defendant Malarkey Roofing Products RESPONDING PARTY(S): (1) No opposition on eCourt as of June 16, 2020;...

Excerpt: ...S) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. (1) DEMURRER TO COMPLAINT; (2) MOTION TO STRIKE PLAINTIFF'S COMPLAINT MOVING PARTY: (1) & (2) Defendant Hyundai Motor America RESPONDING PARTY(S): (1) & (2) No opposition on eCourt as of June 17, 2020 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that there were drive belt, warning system light, generator, battery, electrical system,...

Excerpt: ...CES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C. MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT MOVING PARTY: Plaintiffs Teri Steelman and Charles Steelman RESPONDING PARTY(S): Defendants Marvin S. Shebby, a Law Corporation, and Marvin S. Shebby, an individual STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a legal malpractice action. Plaintiffs allege that they did not recover damages tha...

Excerpt: ...INGS: Plaintiff alleges that Defendant Robert Kardashian committed assault and battery against Plaintiff and has publicly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Kim Kardashian West, Khloe Kardashian, and Kylie Jenner allegedly published defamatory statements about Plaintiff and prevented the second season of Plaintiff's television show with Defendant Kardashian from goin...

Excerpt: ... the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant Sierra Autocars, Inc.'s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for March 18, 2021 at 8:30 a.m. If there are no appearances and/or the parties have not completed the arbitration without good cause, this case may be ...

Excerpt: ...ses following a bench trial. Plaintiff Chong Seo Yun moves to tax costs. TENTATIVE RULING: Plaintiff Chong Seo Yun's motion to tax costs is GRANTED as to Item No. 5 in the amount of $5,215.00, GRANTED as to Item No. 13 in the amount of $1,516.80, and GRANTED IN PART as to Item No. 14 in the amount of $29.95. The motion is DENIED as to Item No. 10 and Item No. 16. DISCUSSION: Motions To Tax Costs Plaintiff moves to tax costs in five categories: (1...

Excerpt: ...for the total audio and visual edit for Plaintiff's documentary film series in order to make the documentary ready to market to networks and other global distributors. Defendant Richard Gray demurs to the fourth amended complaint and moves to strike portions of it. TENTATIVE RULING: Defendant Richard Gray's demurrer to the fourth amended complaint is OVERRULED. Defendant's motion to strike portions of the fourth amended complaint is GRANTED as to...

Excerpt: ...tion in an action against her landlord. Defendants move to compel Plaintiff's deposition and production of documents. TENTATIVE RULING: Defendants Stonecroft Attorneys, APC and Michael Akhidenor's motion to compel deposition of Plaintiff Elly-Joy Shalome Kaushansky and to produce documents is DENIED AS MOOT as to the deposition and DENIED AS UNTIMELY as to the requests to produce documents. Plaintiff's request for sanctions is DENIED. DISCUSSION:...

Excerpt: ...raises and commissions she alleged she was entitled to, amounting to at least $58,000. Defendant Howroyd-Wright Employment Agency, Inc.'s demurrer to the Second Amended Complaint was sustained without leave to amend. Defendant now moves for attorney's fees. TENTATIVE RULING: Defendant Howroyd-Wright Employment Agency, Inc.'s motion for attorneys' fees is GRANTED in the amount of $20,000. DISCUSSION: Motion for Attorney's Fees Defendant moves for ...

Excerpt: ...rty had been sold for a profit. Defendants Arturo Rubenstein and Fab Rock Investments move to offset the judgment. Additionally, Third-Party Parviz Fakheri also moves to offset the judgment. TENTATIVE RULING: Defendants Arturo Rubenstein and Fab Rock Investments, LLC's motion to offset judgment is GRANTED. The entire judgment of $1,193,735.68 as of the date of this Order is offset by Defendants' larger judgment against Plaintiff in the Florida di...

Excerpt: ...TATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful death action. Plaintiffs allege that they are heirs of the decedent, Mary Nelson, who suffered neglect and developed pneumonia and pressure wounds while she was an inpatient at CHA Hollywood Medical Center. Defendants CHA Health Systems, Inc. and CHS Healthcare Management, LLC demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants CHA Health Systems,...

Excerpt: ...a Memorandum of Costs, as the prevailing party. Defendants move to tax costs. TENTATIVE RULING: Assuming that this motion does not become moot -- which depends on this Court's ruling on the pending motions for new trial, etc, -- which this Court will hear and determine prior to this motion to tax costs: Defendants Frances Marques and Pablynie Jamison's motion to tax costs is GRANTED IN PART as to Item No. 1 in the amount of $116.20 and Item No. 1...

Excerpt: ...2019 and December 16, 2019,” and Plaintiff moves for an award of attorney's fees, costs and expenses. TENTATIVE RULING: Plaintiff Stephen Alexander's motion for attorney's fees and costs is GRANTED in the amount of $30,000 in attorney fees and $2,158.37 in costs and expenses. DISCUSSION: Plaintiff's Motion For Attorney's Fees and Costs Late-Served Opposition Plaintiff is correct that Defendants' service of their opposition by mail violates CCP ...

Excerpt: ...otion for judgment on the pleadings is DENIED. DISCUSSION: Motion for Judgment on the Pleadings Time To File When a defendant files a motion for judgment on the pleadings, the following timing applies: The motion provided for in this section may be made only after one of the following conditions has occurred: (2) If the moving party is a defendant, and the defendant has already filed his or her answer to the complaint and the time for the defenda...

Excerpt: ...ased on suffering from depression) and other FEHA claims, wrongful termination in violation of FEHA and public policy, and unfair business practices. Defendants 755 Tacos, dba Petite Taqueria, and The h.wood Group move to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendants 755 Tacos, dba Petite Taqueria, and The h.wood Group's motion to compel arbitration is GRANTED. The action is stayed pe...

Excerpt: ...aintiff's mother to engage in unnecessary transfers of Trust assets that had significant tax consequences for the Trust that could have been avoided, but which generated fees for the attorney and CPA. Plaintiff then retained the professional services of the Defendant/attorneys, who allegedly committed legal malpractice in prosecuting claims against the attorney and CPA in the handling of the case, which caused her to settle for less than she was ...

Excerpt: ... under which he agreed to transfer his stock in Defendant Blaine Laboratories, Inc. to Plaintiff. Plaintiff also alleges that Blaine stole its trade secrets and refused to comply with a commercial lease agreement between Plaintiff and Defendant Blaine Holding & Development, LLC. Defendant Real Value Products moves to quash a subpoena duces tecum to Bank of America. TENTATIVE RULING: Defendant Real Value Products' motion to quash subpoena duces te...

Excerpt: ...iff owns 30% of the company and 40% of the property, and Defendant owns the other 70% and 60% respectively. The property is leased to pub/restaurant Mohawk Bend in Echo Park. Defendant Carl Lotito demurs to the first amended complaint and moves to strike portions of it. TENTATIVE RULING: Defendant Carl Lotito's demurrer to the first amended complaint is OVERRULED. Defendant's motion to strike is GRANTED as to the prayer for punitive damages and r...

Excerpt: ...s to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for March 1, 2021 at 8:30 a.m. If there are no appearances and/or the parties have not completed the arbitration without good cause, this ...

Excerpt: ...o toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Specially Appearing Defendant Brenntag North America, Inc. moves to quash service of the summons and complaint.[1] TENTATIVE RULING: Specially Appearing Defendant Brenntag North America, Inc.'s motion to quash service of the summons and complaint is GRANTED. DISCUSSION: Motion To Quash Summons and Complaint...

Excerpt: ...s as a laborer. He alleges various Labor Code violations and retaliation based on his complaints about these violations. Defendants Chiller Services and Bruce Kolstad move to consolidate this action with 19STCV05656, Jesse Romero v. Chiller Services Rigging & Demo, Bruce Kolstad, and DOES 1- 10, inclusive. Defendants also move to continue the trial date. TENTATIVE RULING: Defendants Chiller Services Rigging & Demo and Bruce Kolstad's motion to co...

Excerpt: ... them in connection with an IRS audit of their 2012 income tax return. Plaintiffs allege that Defendants committed accounting malpractice. Defendants Jeffrey D. Winger, an individual, and Jeffrey D. Winger, CPA demur to the first amended complaint and move to strike portions of it. TENTATIVE RULING: Defendants Jeffrey D. Winger, an individual, and Jeffrey D. Winger, CPA's demurrer to the first amended complaint is SUSTAINED as to the first and se...

Excerpt: ... the first amended complaint (“1AC”). TENTATIVE RULING: Defendants Robert C. Blaine and Blaine Laboratories, Inc.'s demurrer to the first amended complaint is OVERRULED. Defendants are to file an Answer to the 1AC within 21 days. DISCUSSION: Demurrer Meet and Confer The Declaration of C. Tyler Greer reflects that the meet and confer requirement set froth in CCP § 430.41 was satisfied. Analysis 1. First Cause of Action (Breach of Contract) De...

Excerpt: ...ert C. Blaine, Blaine Laboratories, Inc., and Blaine Holding & Development, LLC RESPONDING PARTY(S): (1) Defendants Dr. Robert Blaine and Blaine Holding & Development, LLC; (2) Plaintiff Vivera Pharmaceuticals, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and related claims. Plaintiff alleges that Defendant Robert C. Blaine breached a “share exchange agreement” under which he agreed to transfer...

Excerpt: ...cervical fusion surgery in which she went into anaphylactic shock that resulted in brain injury and other physical and emotional injuries. Defendant Cedars-Sinai Medical Center moves to compel an independent medical exam of Plaintiff. TENTATIVE RULING: Defendant Cedars-Sinai Medical Center's motion to compel independent physical examination of Plaintiff is GRANTED. The Court will permit Dr. Amos to examine Plaintiff at the Office of Edwin C. Amos...

Excerpt: ...rbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendants Winget Spadafora & Schwartzberg, LLP and Gabriel Z. Reynoso's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for February 24, 2021 at 8:30 a.m. If there are no appearances and/or the parties have not...

Excerpt: ...ffered while she was a resident of the Defendant assisted living facility. Defendant moves to compel arbitration and to stay the case pending the outcome of the arbitration (or at least pending the outcome of this petition). TENTATIVE RULING: Defendant SRG Management, LLC's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC...

Excerpt: ...ue to the physically demanding duties. He alleges age and disability discrimination and related claims. Defendants LAD-MB, LLC and Lithia Motors move to compel arbitration. TENTATIVE RULING: Defendants LAD-MB, LLC dba Downtown LA Motors and Lithia Motors, Inc.'s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismiss...

Excerpt: ... apartment units rented out to Plaintiffs. Defendants move to enforce the parties' settlement agreement and for judgment to be entered on the settlement agreement. TENTATIVE RULING: Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion's motion to enforce the settlement agreement and enter judgment upon the settlement agreement pursuant to CCP § 664.6 is GRANTED. The case is ordered dismissed with prejudice. DIS...

Excerpt: ...a joint venture to purchase real property with Defendant Henri Levy, which they planned to resell for a profit. Plaintiff alleges that Levy and others clouded title to the property after Levy and Plaintiff purchased it, undermining Plaintiff's ability to sell it for a profit. Defendants Adam Rossman (Motion 1), Henri Levy, Gaelle II, LLC, 4865 Bakman, LLC, Gabriel Perez, GNP Enterprises, LLC (Motion 2), Macoy Capital Partners, Inc. and Mitch Ohlb...

Excerpt: ...S):(1) Cross-Defendant Westlake Services, LLC dba Westlake Financial Services; (2) Cross-Complainant Yeforzon K. Onoa STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contract dispute in which Plaintiff alleges that it took possession of Defendant's vehicle after he defaulted on his vehicle loan and sold it, leaving a balance due of $9,401.41. Defendant filed a cross-complaint alleging that Plaintiff's actions, including reporting to the...

Excerpt: ...s fees as the prevailing party. TENTATIVE RULING: Plaintiff Elvia A. Espinoza's motion for attorney's fees is GRANTED in the amount of $30,000 in attorney's fees, which the Court finds to be the reasonable total amount of attorney's fees incurred in connection with this action, and $2,906.98 in costs. Fees are to be apportioned between the Defendants as follows: LAX In-Flite Services LLC is to pay $27,500, and Royal Airline Linen, Inc. is to pay ...

Excerpt: ...intiff and has publicly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Kim Kardashian West, Khloe Kardashian, and Kylie Jenner allegedly published defamatory statements about Plaintiff and prevented the second season of Plaintiff's television show with Defendant Kardashian from going forward with production. Plaintiff moves to sever her “revenge porn” claims from her tortiou...

Excerpt: ...GS: This is an action for breach of fiduciary duty and financial elder abuse. Plaintiffs move to quash a deposition subpoena for the production of business records from third party G.W. Sherwold Associates, Inc. TENTATIVE RULING: Plaintiffs' motion to quash deposition subpoena for production of business records to G.W. Sherwold Associates, Inc. is DENIED AS MOOT as to Request Nos. 1 through 6 and 10 through 15. The motion is GRANTED IN PART as to...

Excerpt: ...ed which benefited Defendants. Plaintiff moves for reconsideration of the Court's order adopting the Judicial Referee's finding that the Reciprocal Easement Agreement entered into by the derivative party and 105 LR, LLC, an entity owned and controlled by the derivative defendants, was “fair and reasonable” to the member investors of 123 Robles LLC. TENTATIVE RULING: Plaintiff's motion for reconsideration is DENIED. DISCUSSION: Motion for Reco...

Excerpt: ...tiff alleges that he was discriminated against based on disability and that Defendants retaliated against him for requesting reasonable accommodations. Defendant Southeast Personnel Leasing, Inc. moves to strike references to and prayer for punitive damages from Plaintiff's Complaint. TENTATIVE RULING: Defendant Southeast Personnel Leasing, Inc.'s motion to strike references to and prayer for punitive damages from Plaintiff's Complaint is GRANTED...

Excerpt: ...cervical fusion surgery in which she went into anaphylactic shock that resulted in brain injury and other physical and emotional injuries. Defendant Cedars-Sinai Medical Center moves to compel an independent medical exam of Plaintiff. TENTATIVE RULING: Defendant Cedars-Sinai Medical Center's motion to compel independent physical examination of Plaintiff is DENIED without prejudice. DISCUSSION: Motion To Compel Independent Medical Examination Defe...

Excerpt: ... was defective. The parties settled this action (Defendant accepted Plaintiff's § 998 offer), and Plaintiff moves for an award of attorney's fees, costs and expenses. Plaintiff also separately moves for an award of attorney's fees to Hackler, Daghighian, Martino & Novak, P.C., which had associated in as trial counsel. TENTATIVE RULING: Plaintiff Teri Dugan's motion for attorney's fees, costs and expenses is GRANTED in the total amount of $22,500...

Excerpt: ... increased ownership interest in the partnership, failing to provide him with his agreed-upon interest in two properties owned by Defendants, and attempting to bribe Mexican officials in connection with a joint venture. Defendant Federico Guillermo Cabo Alvarez filed a Cross-Complaint alleging that Edalat fraudulently induced Defendant into lending Plaintiff money. Alvarez also alleges financial elder abuse. Defendant Federico Guillermo Cabo Alva...

Excerpt: ...ROCEEDINGS: Plaintiffs allege that Defendant Chicago Title breached its fiduciary duty to them as their escrow holder in connection with the purchase of real estate by Plaintiff Bitar that he granted to Plaintiff Nahas. They also allege fraudulent misrepresentation and unfair business practices against all Defendants. Defendant Sand Canyon Corporation demurs to the first amended complaint and moves to strike portions of the first amended complain...

Excerpt: ... Plaintiff purchased it, undermining Plaintiff's ability to sell it for a profit. Defendant Adam Rossman demurs to the second amended complaint. TENTATIVE RULING: Defendant Adam Rossman's demurrer to the second amended complaint is SUSTAINED as to the sixth, thirteenth, and fourteenth causes of action. The demurrer is SUSTAINED without leave to amend as to the eighteenth cause of action. The demurrer is OVERRULED as to the seventh, eighth, tenth,...

Excerpt: ...NGS: Plaintiffs alleges that Defendants breached a partnership agreement with Plaintiff Paul Edalat by failing to pay him $1,500,000 for an increased ownership interest in the partnership, failing to provide him with his agreed-upon interest in two properties owned by Defendants, and attempting to bribe Mexican officials in connection with a joint venture. Defendant Federico Guillermo Cabo Alvarez filed a Cross-Complaint alleging that Edalat frau...

Excerpt: ...PROCEEDINGS: Plaintiffs alleges that Defendants breached a partnership agreement with Plaintiff Paul Edalat by failing to pay him $1,500,000 for an increased ownership interest in the partnership, failing to provide him with his agreed-upon interest in two properties owned by Defendants, and attempting to bribe Mexican officials in connection with a joint venture. Defendant Federico Guillermo Cabo Alvarez filed a Cross-Complaint alleging that Eda...

Excerpt: ...This is a disability discrimination action. Plaintiff was employed by Defendant Kaiser Permanente as a licensed vocational nurse and alleges that he was terminated based on pretext after injuring his ankle on slippery stairs that he had complained about before his injury. Plaintiff moves to quash subpoenas for production of employment records to (1) UCLA Records Management and (2) Altamed Health Network, Inc. and requests $8,060 in sanctions. TEN...

Excerpt: ...; Reza Akef (Doe 2); and Neda Akef (Doe 3). STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs alleges that Defendants breached fiduciary duties owed to Plaintiffs in connection with real estate transactions in order to obtain commissions. This Court (Judge Weintraub presiding) granted Defendants' motion to compel arbitration in part and denied it in part. The Court of Appeal reversed the portion of the order denying arbitration and order...

Excerpt: ...efendants upsold them on additional services and then caused their home to be contaminated with asbestos while performing the work. Defendant demurs to the complaint and moves to strike portions of it. TENTATIVE RULING: Defendant Bruininga, Inc. dba Billy's Plumbing and Rooter's demurrer to the complaint is OVERRULED as to the first cause of action and SUSTAINED as to the second and third causes of action. As to whether leave to amend will be gra...

Excerpt: ...t David Schnitt moves to quash the writ of execution issued on Plaintiff's judgment and for $16,600 in sanctions. TENTATIVE RULING: Defendant David Schnitt's motion to quash the writ of execution is GRANTED. Defendant's motion for sanctions is DENIED. Motion To Quash Writ of Execution Defendant moves to quash a writ of execution issued October 9, 2019, on the judgment entered in favor of Plaintiff on February 19, 2019. Defendant argues that the w...

Excerpt: ... CHA HOLLYWOOD MEDICAL CENTER L.P. – SAME; (5)‐(6) DEFENDANT CHS HEALTHCARE MANAGEMENT, LLC – SAME MOVING PARTY: (1)-(2) Defendant CHA Health Systems, Inc.; (3)-(4) Defendant CHA Hollywood Medical Center L.P.; (5)-(6) Defendant CHS Healthcare Management, LLC RESPONDING PARTY(S): Plaintiff Mary Nelson, by and through her successor in interest, Elmer Pogue STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Mary Nelson's successor in in...

Excerpt: ...efects. Plaintiff moves to compel the deposition of Defendant's PMK and for sanctions. TENTATIVE RULING: Plaintiff Alfred Melgar's motion to compel deposition attendance of Defendant General Motors LLC's person most knowledgeable and custodian of records is DENIED AS MOOT as to Categories 1-14, 17-21, and 30. The motion is GRANTED as to Categories 15, 16, 27-29, 35, 37, and 38, and is otherwise DENIED. Plaintiff's request for sanctions is DENIED....

Excerpt: ...r a line of haircare products. Defendants AdSupply, Inc. and Justin Bunnell demur to the first amended complaint. TENTATIVE RULING: Defendants AdSupply, Inc. and Justin Bunnell's demurrer to the first amended complaint is OVERRULED. Defendants are to answer the first amended complaint within 30 days of the date of this order. DISCUSSION Demurrer Meet and Confer The Declaration of Attorney Justin R. Trauben reflects that the meet-and-confer requir...

Excerpt: ...Systems, Inc. and CHA Hollywood Medical Center, L.P. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that Defendants refused to end life support for her husband based on her instructions pursuant to her durable power of attorney because Defendants wanted to prolong decedent's life support to continue to receive Medicare payments until such payments were exhausted. Plaintiff moves to tax costs from the cost bill submitted by the ...

Excerpt: ...S: This is an action for breach of fiduciary duty and financial elder abuse. Plaintiffs move to quash a deposition subpoena for the production of business records from third party G.W. Sherwold Associates, Inc. TENTATIVE RULING: The motion is CONTINUED to March 13, 2020, at 8:30 a.m. Plaintiffs are to file a meaningful separate statement by February 28, 2020 that individually lists – and provides the text of – all requests that continue to be...

Excerpt: ...e that they did not recover damages that they were entitled to in Steelman v. Charles Alexander, M.D. (BC582568) as a result of Defendants' malpractice in representing them in that underlying action. Defendants Marvin S. Shebby, a Law Corporation, and Marvin S. Shebby demur to the second amended complaint and move to strike portions of the second amended complaint related to punitive damages. TENTATIVE RULING: Defendants Marvin S. Shebby, a Law C...

Excerpt: ...sses as a disabled woman”). She also alleges she was retaliated against for complaining about Defendants' discriminatory and harassing conduct. She also alleges Labor Code violations, negligent supervision and retention, and intentional infliction of emotional distress. Defendant Verifi, Inc. moves to compel arbitration and stay the proceedings pending the outcome of the arbitration. TENTATIVE RULING: Defendant Verifi, Inc.'s motion to compel a...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that they were engaged in an intimate sexual act in their fifteenth-floor hotel room at Loews Hollywood Hotel with the window blinds open, only to find a window washer staring at them pruriently. They allege that the hotel failed to follow its policy to notify guests when window washing activities will take place at their floor level. They allege causes of action for intrusion of privacy, negligence...

Excerpt: ...ce had operated for nearly a year, Defendant breached the partnership agreement by denying that Plaintiff ever had any interest in the practice. Defendants David Feldmar, M.D. and Feldpat Medical Corporation, dba Art & Science Plastic Surgery filed a cross-complaint alleging that Plaintiff took money from Defendants' bank account without authorization and failed to contribute income to pay overhead expenses as agreed. Plaintiff moves to compel te...

Excerpt: ...udgment. TENTATIVE RULING: Plaintiff's motion for summary judgment is GRANTED. Judgment is hereby entered in favor of Plaintiff and against Defendant in the amount of $_____________, [1] including agreed- upon attorney's fees and costs. DISCUSSION: Motion for Summary Judgment The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whe...

Excerpt: ...er dated December 26, 2019. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was an action for partition and accounting. Plaintiff Anthony Shaw alleged that he and Defendant Corey Shaw inherited real property as joint tenants and Defendant refused to sell the property and partition the proceeds. The Partition Referee moves for an order approving and settling the partition referee's final report and account. TENTATIVE RULING: Partition Referee...

Excerpt: ... Henri Levy, which they planned to resell for a profit. Plaintiff alleges that Levy and others clouded title to the property after Levy and Plaintiff purchased it, undermining Plaintiff's ability to sell it for a profit. Defendants Judith Sender and Closing Agents Escrow, Inc. demur to the second amended complaint and move to strike its punitive damages allegations. TENTATIVE RULING: Defendants Judith Sender and Closing Agents Escrow, Inc.'s demu...

Excerpt: ...len RESPONDING PARTY(S): (1) Plaintiffs James Lewallen and Carole Lewallen; (2) Purports to be on behalf of all “Defendants” but filed by counsel for Defendant GAF Materials LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort case. Plaintiffs allege that Plaintiff James Lewallen, who worked in the construction industry in various capacities, was exposed to toxic chemical products manufactured, distributed, or supplied by...

Excerpt: ...nal distress against her former employer. Plaintiff moves to quash subpoenas for medical records issued to the KPSC Central Release of Information Unit and KPSC Medical Billing Records and/or for a protective order. TENTATIVE RULING: <00520057004c0052005100 004b0003005600580045[poenas for medical records of Plaintiff is DENIED. Plaintiff's alternative motion for a protective order is DENIED without prejudice to seek a protective order if the part...

Excerpt: ...In late 2016, this matter was ordered to binding arbitration upon motion of the Defendant. The Arbitrator issued an award in favor of Plaintiff. Defendant moves to vacate the arbitration award, and Plaintiff moves to confirm the arbitration award. TENTATIVE RULING: Defendant Dunn-Edwards Corporation's motion to vacate the arbitration award is DENIED. Plaintiff Elizabeth J. Carter's motion to confirm the arbitration award is GRANTED. ANALYSIS: Mot...

Excerpt: ...nheuser-Busch, LLC and Anheuser-Busch Commercial Strategy, LLC move to compel Plaintiff to Anheuser-Busch's dispute resolution program. TENTATIVE RULING: Defendants Anheuser-Busch, LLC and Anheuser-Busch Commercial Strategy, LLC's motion to compel Plaintiff to Anheuser-Busch's dispute resolution program is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OS...

Excerpt: ...itioners move for confirmation of the arbitration award. TENTATIVE RULING: Conditioned upon providing a proof of service upon Respondents, Petitioners Morgan Stanley & Co., LLC and John Privitelli's petition to confirm the FINRA arbitration award is GRANTED. DISCUSSION: Petition To Confirm Arbitration Award Request for Judicial Notice Respondents' request that the Court take judicial notice of FINRA Rule 12206 is GRANTED. Courts may take judicial...

Excerpt: ...e suffered retaliation, harassment including sexual harassment, and various Labor Code violations. Defendant Paula Kane demurs to the complaint and moves to strike portions of it. TENTATIVE RULING: Defendant Paula Kane's demurrer to the complaint is OVERRULED as to the third, fourth, fifth, sixth, and seventh causes of action. The demurrer is SUSTAINED without leave to amend as to the ninth cause of action. The demurrer is SUSTAINED as to the eig...

Excerpt: ... Defendants Morgan Stanley & Co., LLC and John R. Privitelli's demurrer to the first amended complaint is OVERRULED. Defendants to answer the first amended complaint within 20 days of the date of this Order. DISCUSSION: Demurrer Meet and Confer The Declaration of Attorney John S. Worden reflects that the meet and confer requirement of CCP § 430.41 has been satisfied. Request for Judicial Notice Defendants request judicial notice of (1) the FINRA...

Excerpt: ...Guardian Ad Litem, David Chavez. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that the apartment they rented from Defendants was uninhabitable. Defendants move to strike portions of the first amended complaint. TENTATIVE RULING: Defendants' motion to strike portions of the first amended complaint is DENIED as to the prayer for punitive damages and related allegations (¶¶ 11, 15, 17, <004f004c00480049000300 8800030019000c001...

Excerpt: ... Code violations as an individual and as PAGA claims against her former employers. Defendants demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants Landmark Restaurant Group, Inc., Anthony Kouba, Wilhop, Inc., <002c005100460011000f00 00390048005100570058[res, LLC, and Bunhop, LLC's demurrer is OVERRULED as to the fifth, seventh, and ninth causes of action and SUSTAINED without leave to amend as to the third, fourt...

Excerpt: ...opriation of idea and breach of contract. Defendant demurs to the first amended complaint. TENTATIVE RULING: Defendant Mattel, Inc.'s demurrer to the first amended complaint is SUSTAINED as to the first and second causes of action, which are the remaining causes of action in the 1AC. 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.) P...

Excerpt: ...uninhabitable conditions at the apartment units they rent from Defendants. Defendant Residential Bancorp moves to quash or modify a subpoena for the production <00550057004c0048005600 00030050005200510048[tary sanctions. TENTATIVE RULING: Defendant Residential Bancorp's motion to quash or modify the deposition subpoena for the production of business records served on Safeguard Properties is GRANTED. Plaintiffs may re-serve a subpoena that is more...

Excerpt: ...on property owned by Defendant. Plaintiff also seeks to foreclose on a mechanic's lien and alleges trade libel and defamation per se based on Yelp reviews. Defendant Robin White moves to compel arbitration. TENTATIVE RULING: Defendant Robin White's motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for ...

Excerpt: ... property in Irvine that they would use as a rental property (“Leucadia”), with Plaintiff performing property management services. Plaintiff, Defendants, and Plaintiff's wife also purchased another property together in Stevenson Ranch (“Browning”). Defendants decided to sell their partnership interest and their interest in Browning to Plaintiff, and to that end, the parties entered into a Partnership Sale Agreement. Plaintiff alleges that...

Excerpt: ...n USA, Inc. and Rosette Apparel, Inc. allege that Plaintiff and her company, Coco Boutique, failed to pay for goods purchased from the Cross-Complainants. <0003003700520003003600 0003003800360024000f[ Inc., I&G Collection Inc. dba Green Mango, Anny Kim aka Ivy Kim, and Grace Y. Lee filed an ex parte application for relief under § 473(b) for missing the deadline to file a motion to quash. The ex parte application was deemed the moving papers, and...

Excerpt: ...de her with raises and commissions she alleges she was entitled to, amounting to at least $58,000. Defendant Howroyd-Wright Employment Agency, Inc. demurs to the Second Amended Complaint. TENTATIVE RULING: Defendant Howroyd-Wright Employment Agency, Inc.'s demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to all causes of action. DISCUSSION: Demurrer Meet and Confer The Declaration of Kevin Y. Kanooni reflects that t...

Excerpt: ...ations based upon misclassification as an independent contractor. Defendants Jojax, LLC, Greater Good Content, Inc., Joe Car, Jackson Morton, Rocky Morton, Pedro Aragao De Oliveira and John-Michael Triana demur to the first amended complaint. TENTATIVE RULING: Defendants Jojax, LLC, Greater Good Content, Inc., Joe Car, Jackson Morton, Rocky Morton, Pedro Aragao De Oliveira and John-Michael Triana's demurrer to the first amended complaint is SUSTA...

Excerpt: ... Trust dated May 22, 1997 aka Janet Kato White, Successor Trustee of the Cherry Y. Kato Revocable Trust dated February 28, 2011, Paige Kato, and Seyfarth Shaw LLP RESPONDING PARTY(S): Plaintiff Jay Kato, derivatively on behalf of Marutama Company, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a derivative action regarding an intrafamily dispute over a company. Defendants move for attorneys' fees and costs following their successful...

Excerpt: ...1102.5, wrongfully terminated her in violation of public policy, and caused her intentional and negligent emotional distress. Defendant Commonwealth Business Bank moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Commonwealth Business Bank's motion for summary judgment is GRANTED for the reasons discussed in connection with Defendant's motion for summary adjudication. Defendant's alternative moti...

Excerpt: ... Trust; Donald P. Crasnick as Trustee of the 1979 Ehrlich Investment Trust RESPONDING PARTY(S): Plaintiffs Andrea Marosi, individually and as Guardian Ad Litem for Minor Brookelynn Colbert, Eva Marosi and Gyorgy Marosi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that the apartment unit they rented from Defendants was uninhabitable. Defendants move to transfer this action to the Riverside County Superior Court. TENTATIVE RULI...

Excerpt: ...mmary judgment or, alternatively, summary adjudication. TENTATIVE RULING: Defendants Estes Express Lines and Carlos Sandoval's motion for summary judgment is DENIED. Defendants' alternative motion for summary adjudication is GRANTED as to Issue Nos. 1 to 10 and DENIED as to Issue No. 11. DISCUSSION: Motion for Summary Judgment or Alternatively, Summary Adjudication Introduction It is becoming readily apparent that we live in somewhat of a “tops...

Excerpt: ... prosecution, and failed to provide him with appropriate medical or psychiatric services while he was detained, arrested, and incarcerated. At the end of the presentation of Plaintiff's case-in-chief, during the jury trial in this matter, this Court granted Defendant's motion for non-suit in its entirety, and a judgment for defendant was entered accordingly. Plaintiffs move to tax Defendants' memorandum of costs. TENTATIVE RULING: Plaintiffs Darn...

Excerpt: ...y after Levy and Plaintiff purchased it, undermining Plaintiff's ability to sell it for a profit. Defendant Macoy Capital Partners, Inc. demurs to the first amended complaint. TENTATIVE RULING: Defendant Macoy Capital Partners, Inc.'s general demurrer to the first amended complaint is SUSTAINED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d ...

Excerpt: ...crimination, and retaliation on the basis of sex, including gender identity and gender expression, and related claims. Defendants Forever 21, Inc. and Forever 21 Retail, Inc. move to compel arbitration and to dismiss or stay the action. TENTATIVE RULING: Defendants Forever 21, Inc. and Forever 21 Retail, Inc.'s motion to compel arbitration and to dismiss or stay the action is GRANTED. The action is stayed pending conclusion of the arbitration as ...

Excerpt: ...care, services, and conditions of Marina Del Rey Hospital. On May 17, 2019, the Court dismissed the complaint without prejudice at Plaintiff's request. Plaintiff moves to strike or tax Defendants' memorandum of costs. TENTATIVE RULING: Plaintiff Mahnaz Salem's motion to strike or tax Defendants' memorandum of costs and fees as unreasonable and/or unrecoverable as a matter of law is DENIED. In addition, Plaintiff's request for sanctions in the amo...

Excerpt: ... (2) Plaintiffs/Cross-Defendants James Salamon and Jeanne Salamon. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendant attorney represented that if Plaintiffs settled in the underlying action, Defendant would represent Plaintiffs on a contingency basis in other cases that would yield large damage awards in Plaintiffs' favor. Defendant filed a cross-complaint alleging that Plaintiffs have failed to pay attorney's fees ...

Excerpt: ...laintiff also alleges whistleblower retaliation, constructive termination, emotional distress and defamation. Plaintiff moves to quash a subpoena for business records to the custodian of records for Fairhaven Mortuary. TENTATIVE RULING: Plaintiff Michael Hoffmann's motion to quash the subpoena for business records directed to the custodian of records for Fairhaven Mortuary is DENIED. DISCUSSION: Plaintiff's Motion To Quash Subpoena for Business R...