Excerpt: ... constructive termination, emotional distress and defamation. Defendant Tailored Shared Services, LLC demurs to the third amended complaint. TENTATIVE RULING: Defendant Tailored Shared Services, LLC's demurrer to the third amended complaint is SUSTAINED without leave to amend. DISCUSSION: Demurrer Meet and Confer It appears that the meet and confer requirement set forth in CCP § 430.41 was satisfied. (See Declaration of Cory D. Catignani ¶ 23 &...

Excerpt: ...ndant a certain amount of money which Defendant would use to purchase real property, and when the property was sold, Plaintiff would receive his investments back, plus profits in the amount of his percentage ownership in the properties, proportionate to his share of funds contributed toward the purchase price. Defendant also allegedly transferred Plaintiff's burial plot to Defendant's name without authorization. Defendant moves for reconsideratio...

Excerpt: ...om Plaintiff, although Defendants knew Plaintiff was relying on them to monitor for such activity. Defendant Ronald A. Stein Accountancy Corporation filed a cross-complaint for indemnification and apportionment of fault, and Defendant Katz Cassidy Accountancy Corporation filed a cross-complaint for indemnification and other claims, including negligent and intentional interference with prospective economic advantage and with contractual relations....

Excerpt: ... order to make the documentary ready to market to networks and other global distributors. Plaintiff moves for leave to file a third amended complaint. TENTATIVE RULING: Plaintiff Outback & Under Pty. Ltd.'s motion for leave to file a third amended complaint is GRANTED. Plaintiff is to file a stand-alone copy of the third amended complaint today. The third amended complaint shall be deemed served as of the date of this order, except that it must b...

Excerpt: ...arole Lewallen 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 the Defendants and sustained injuries as a result, including lung cancer. Defendants GAF Materials LLC, MB Technology, and Georgia-Pacific Gypsum separately demur to t...

Excerpt: ...to grant the property to Plaintiffs upon her death or distribute its proceeds equally between Plaintiffs and their sister. Defendant demurs to the complaint and moves to strike portions of it. TENTATIVE RULING: Defendant John Mitchell Marshall's demurrer is SUSTAINED without leave to amend as to the second and fifth causes of action. Defendant's demurrer is also SUSTAINED as to the first, third, fourth, and sixth causes of action. Generally speak...

Excerpt: ...se agreements by not paying for the repair work. Defendant Murray Milne has filed a cross-complaint alleging that Plaintiff/Cross- Defendant breached the contract by not performing the services it agreed to perform. Defendant Stephen Maine demurs to the second amended complaint. TENTATIVE RULING: Defendant Stephen Maine's demurrer is SUSTAINED with leave to amend. Plaintiff is given 30 days leave to amend, consistent with this ruling. DISCUSSION:...

Excerpt: ...reference is GRANTED. The currently-set trial is advanced from 9/21/20 to 12/16/19 at 9:30 a.m.[1] The FSC currently set for 9/15/20 is advanced and vacated. The Post-Mediation Status Conference set for 8/7/20 is advanced and vacated. DISCUSSION: Motion For Trial Preference Plaintiff moves for trial preference on the ground that he is over 70 years old and therefore entitled to preferential trial setting under CCP § 36(a). A party to a civil act...

Excerpt: ...eging that Plaintiff failed to provide rent rolls and verifications of the subject property's tenant leases, thereby excusing Defendant's performance. Plaintiff moves for attorney's fees. TENTATIVE RULING: Plaintiff Daniel Curran as trustee of the Daniel and Ruth Curran Family Trust's motion for attorney's fees and costs is GRANTED in the amount of $19,941.75 in attorney's fees and $1,718.16 in costs. However, if Defendant shows at or before the ...

Excerpt: ...ts The Hamideh Firm, P.C., Bassil A. Hamideh, Johnson & Johnson LLP, and Douglas L. Johnson petition to compel arbitration. TENTATIVE RULING: Having reviewed the parties' supplemental briefs and declarations, Defendants The Hamideh Firm, P.C., Bassil A. Hamideh, Johnson & Johnson LLP, and Douglas L. Johnson's petition to compel arbitration is DENIED. Plaintiff's motion to strike Exhibit “4” to the Declaration of Douglas L. Johnson, the confid...

Excerpt: ...llergic, resulting in her death. Defendant Ross Grant, M.D. moves for summary judgment. TENTATIVE RULING: Defendant Ross Grant, M.D.'s motion for summary judgment is GRANTED. DISCUSSION: Motion For Summary Judgment Plaintiff asserts two causes of action against the Moving Defendant: wrongful death (medical malpractice) and survival. Both are based on the same alleged conduct of the Defendants. In a medical malpractice action, the plaintiff must e...

Excerpt: ... pay him $1,500,000 for an increased ownership interest in the partnership, failing to provide Plaintiff 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 Plaintiff fraudulently induced Defendant into lending Plaintiff money. Defendant/Cross- Complainant also alleges finan...

Excerpt: ...deed of trust without actually loaning the money and assigned the deed of trust to Defendant Horizon Bancorp, which foreclosed on the deed of trust and took ownership and possession of the property through a trustee's deed upon sale. On October 10, 2017, the Court entered judgment in favor of Defendants LOA Investments and Horizon Bancorp. On December 12, 2017, the Court granted Defendants' motion for attorney's fees. Plaintiff unsuccessfully app...

Excerpt: ...uses of action in the supplemental complaint. TENTATIVE RULING: Defendant Residential Bancorp's motion for summary adjudication is DENIED as to Issues 1 through 4. DISCUSSION Requests for Judicial Notice 1. Defendant's Request for Judicial Notice Defendant requests that the Court take judicial notice of the following documents: (1) Notice of Building(s), Structure(s), or Premises Placed into the Rent Escrow Account Program (REAP), recorded April ...

Excerpt: ...intiff Sonia Holguin moves to quash subpoenas issued to her former employers. Plaintiff also seeks sanctions against Defendant the City of Los Angeles and/or its counsel, Stacey Anthony, in the amount of $5,687.50. TENTATIVE RULING: Plaintiff Sonia Holguin's motion to quash subpoenas for her prior employment records is DENIED with prejudice. Plaintiff's request for sanctions is DENIED. DISCUSSION: Motion to Quash At the outset, the Court notes th...

Excerpt: ...Promlion Inc. (collectively, “Budberry”) and helped them procure three cannabis related licenses from the City of West Hollywood in exchange for, inter alia, 2.5% of Budberry stock, a future option to purchase 7.5% of Budberry stock at $200,000, good faith discussions as to the purchase of another 10% of Budberry stock, and a seat on Budberry's board of directors. However, Plaintiff alleges that after it helped Budberry obtain the aforementio...

Excerpt: ...ed to design the project, breached their agreement with the City and committed professional negligence. Defendant URS Corporation dba URS Corporation Americas moves for summary adjudication. TENTATIVE RULING: Defendant URS Corporation dba URS Corporation Americas' motion for summary <002c005600560058004800 03003100520011000300150011[ DISCUSSION Motion For Summary Adjudication Defendant's Request for Judicial Notice Defendant requests that the Cou...

Excerpt: ...eneral Motors, LLC and production of documents. TENTATIVE RULING: Plaintiff Aylin Manukian's motion to compel the person most knowledgeable (PMK) deposition of Defendant General Motors, LLC and production of documents is DENIED as untimely. <00510056004c0047004800 005600030052005a0051[ motion, implementing the Discovery Order (“Addendum to Case Management Order”), in whole or in part, which was previously proposed by the Court at the CMC. Cou...

Excerpt: ...escriptive and equitable easement in their favor relative to portions of a stairway located on Defendants' property. Defendant 23936 Malibu, LLC filed a cross-complaint alleging that the stairway landing located on Plaintiff's property was constructed without permits, and that Robertson, who sold the property to Defendant, falsely stated that he had given Plaintiffs permission to use the stairway. Cross-Defendants Sotheby's International Realty, ...

Excerpt: ...gainst and harassed due to a disability (PTSD). She also alleges that she was retaliated against for complaining about disability harassment and discrimination and for requesting reasonable accommodations and medical leave for her disability. She also alleges unfair competition, a PAGA claim, and Labor Code violations, including that she was not given mandatory rest breaks or meal periods. Defendant Antelope Valley Outpatient Imaging Center, LLC ...

Excerpt: ...ust; 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 RULING:...

Excerpt: ...wenthal STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was injured in a motor vehicle accident. Plaintiff Irvin Samayoa moves for terminating sanctions and/or, in the alternative, monetary sanctions against Defendant Justin Maurice Lowenthal and/or his attorney of record, Kinkle, Rodiger and Spriggs, jointly and severally, pursuant to CCP §§ 2023.030 et seq., 2025.010 et seq., and 2025.450 et seq. TENTATIVE RULING: Plaintiff Irvin Sa...

Excerpt: ...presentation regarding membership interests in a planned restaurant in Beverly Hills, and he and Plaintiff Jeffrey Harris invested in it. All three Plaintiffs also allege that they loaned money to the venture. They allege that they lost their investments due to various Defendants' violations of the Corporations Code, intentional misrepresentation, negligent misrepresentation, professional negligence, and breach of fiduciary duty. Defendant John C...

Excerpt: ...of residents rights arising out of his stay at Defendants' 24-hour health facility. Defendants 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital and Win Win Enterprises, LLC demur to the complaint and move to strike portions of it. TENTATIVE RULING: Defendants 13333 Fenton Avenue, LLC dba Mountain View Convalescent Hospital and Win Win Enterprises, LLC's demurrer to the complaint is SUSTAINED with leave to amend as to the first, se...

Excerpt: ...ation Health Plan, Inc., moves for summary adjudication of Plaintiff's fourth and fifth causes of action and request for punitive damages. TENTATIVE RULING: Defendant Kaiser Foundation Health Plan, Inc.'s motion for summary adjudication is GRANTED as to Issue Nos. 1 and 4. Defendant's motion for summary adjudication is DENIED as to Issue Nos. 2 and 3. Defendant's motion for summary adjudication is DENIED AS MOOT as to Issue No. 5. DISCUSSION Plai...

Excerpt: ...nch), formerly known as Dongbu Insurance Company, Ltd.; (2) Plaintiff Teresa Suai, individually and as assignee of right to claim of Kyung Hwa Chung, an individual, and Leaders Hair Studio, Inc. RESPONDING PARTY(S): (1) Plaintiff Teresa Suai, individually and as assignee of right to claim of Kyung Hwa Chung, an individual, and Leaders Hair Studio, Inc.; <0011000300250055004400 510046004b000c000f0003[ formerly known as Dongbu Insurance Company, Lt...

Excerpt: ...putin International Food Company and M.S.M.R. from 2008 to the termination of his employment on July 16, 2018. He alleges various Labor Code violations, including failure to pay overtime compensation, failure to pay wages when due, and failure to provide meal breaks. He also alleges unfair competition. Plaintiff moves to quash a subpoena for documents directed to mortgage lender Specialized Loan Servicing, LLC. TENTATIVE RULING: Plaintiff Efim Ka...

Excerpt: ...Plaintiff 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 CONTINUED to September 4, 2019. Plaintiff is to file and serve a separ...

Excerpt: ...ive, summary adjudication. TENTATIVE RULING: Plaintiff 13700 Foothill Boulevard, LP's motion for summary judgment is DENIED. Plaintiff's alternative motion for summary adjudication is DENIED as to its cause of action for breach of contract and as to Defendant's affirmative defense of failure to mitigate. Moving Party to give notice, unless waived. DISCUSSION: Motion for Summary Judgment Plaintiff's motion for summary judgment is both procedurally...

Excerpt: ... The Hamideh Firm, P.C., Bassil A. Hamideh, Johnson & Johnson LLP, and Douglas L. Johnson petition to compel arbitration. TENTATIVE RULING: Although the Court is inclined to grant Defendants The Hamideh Firm, P.C., Bassil A. Hamideh, Johnson & Johnson LLP, and Douglas L. Johnson's petition to compel arbitration, the Court will hear oral argument (and/or oral testimony, if needed) regarding the enforceability of the parties' fee agreement before r...

Excerpt: ...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 cause of action of the first amended complaint and move to strike portions of the first amended complaint related to punitive damages. TENTATIVE RULING: Defendants Marvin S. Shebby, a Law C...

Excerpt: ...efendants failed to accommodate her disability, failed to engage in the interactive process required under FEHA, retaliated against her for requesting reasonable accommodations, and related claims. Defendant Capstone Logistics, LLC moves to compel arbitration. TENTATIVE RULING: This motion is DENIED without prejudice. DISCUSSION: Motion To Compel Arbitration Under California law, arbitration agreements are valid, irrevocable, and enforceable, sav...

Excerpt: ... Simontov Eshaghian. RESPONDING PARTY(S): (1) and (2) Plaintiff Samson Michael, as Trustee of The Mishael Family Trust of 2004, derivatively on behalf of Hillcrest Center, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Eshaghian, the other member of Hillcrest Center, LLC, drove the LLC into financial ruin and converted its real estate holdings to his own use, and conspired with co-Defendants to acquire the u...

Excerpt: ...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. DISCUSSION: Plaintiff's Request f...

Excerpt: ...ren's Hospital of Los Angeles when Defendant Felipe Cesar Masaya, valet for Defendant Parking Company of America, recklessly lost control of a car and pinned Plaintiff against a wall, causing severe and permanent physical injuries. Defendant Felipe Masaya moves to vacate the default entered against him on May 1, 2018. TENTATIVE RULING: Defendant Felipe Masaya's motion to vacate default is GRANTED. Defendant is to file a stand-alone copy of his an...

Excerpt: ...sed to toxic chemical products manufactured, distributed, or supplied by the Defendants and sustained injuries as a result, including lung cancer. Defendant H.R. Grace & Co. demurs to the fourth cause of action of the complaint and moves to strike portions of the complaint. TENTATIVE RULING: Defendant H.R. Grace & Co.'s demurrer to the fourth cause of action of the complaint is OVERRULED. Defendant's motion to strike is DENIED as to the prayer fo...

Excerpt: ...tial lending department. Plaintiff alleges violations of the Equal Pay Act, failure to pay wages as required by the Labor Code, unfair business practices, gender discrimination, wrongful termination, and retaliation for pursuing the enforcement of equal pay. Defendant Farmers & Merchants Bank of Long Beach moves to compel the return of confidential documents and to disqualify counsel. Defendant also moves to file records under seal. TENTATIVE RUL...

Excerpt: ...the City of Los Angeles Defendants have harmed Plaintiff by making her spend money for reports and by threatening her with criminal fines and imprisonment if she does not remediate the slope failure occurring on her property. Plaintiff now seeks leave to file a fourth amended complaint. TENTATIVE RULING: Plaintiff Honey A. Lewis's motion for leave to file a fourth amended complaint is GRANTED. The copy of the fourth amended complaint lodged with ...

Excerpt: ...secution of Plaintiff's underlying claim, which caused Plaintiff to lose the case following a jury trial. Defendants Robert Smylie, a Professional Corporation dba Robert Smylie & Associates, Robert Smylie, and Peter Pritchard demur to the Third Amended Complaint. TENTATIVE RULING: Defendants Robert Smylie, a Professional Corporation dba Robert Smylie & Associates, Robert Smylie, and Peter Pritchard's demurrer to the third cause of action for brea...

Excerpt: ...hael Wan, Patricia Wan, and Leslie Burns move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Assuming that Plaintiff was, in fact, properly served, Defendants Michael Wan, Patricia Wan, and Leslie Burns's motion for summary judgment is GRANTED for the reasons discussed below. Defendants to give notice, unless waived. DISCUSSION: Proof of Service Issue Plaintiff was served with this motion in two different man...

Excerpt: ...llie James White, by and through his successor-in-interest, Cynthia White, alleges elder abuse, violation of residents' rights, and wrongful death arising out of decedent's inpatient stay at Defendants' 24-hour health facility. Defendant North Hills Healthcare & Wellness Centre, LP dba Country Villa Sheraton Nursing and Rehabilitation Center (erroneously served and sued as Country Villa East LP dba Country Villa Sheraton Nursing and Rehab. Center...

Excerpt: ...inst and harassed due to a disability (PTSD). She also alleges that she was retaliated against for complaining about disability harassment and discrimination and for requesting reasonable accommodations and medical leave for her disability. She also alleges unfair competition, a PAGA claim, and Labor Code violations, including that she was not given mandatory rest breaks or meal periods. Defendant Antelope Valley Outpatient Imaging Center, LLC mo...

Excerpt: ...lems for Plaintiffs. Plaintiffs Robert J. Girard II, Joanna Girard, Robert G., and Jack G. demur to Defendants' answer to the 2AC. TENTATIVE RULING: Plaintiffs Robert J. Girard II, Joanna Girard, Robert G., and Jack G.'s demurrer to the answer to the second amended complaint is SUSTAINED with leave to amend as to the third, fourth, sixth through twelfth, seventeenth through nineteenth, twenty-first through thirtieth, thirty-sixth, thirty-ninth, f...

Excerpt: ... she submitted a claim for the benefits of his policy. Plaintiff alleges four causes of action: (1) breach of the duty of good faith and fair dealing, (2) breach of the contractual duty to pay a covered claim, (3) professional negligence, and (4) violation of Business & Professions Code § 17200 et seq. Defendant Primerica Life Insurance Company moves for summary adjudication of Plaintiff's first cause of action for breach of the duty of good fai...

Excerpt: ...EDINGS: Plaintiffs Jonathan Gil Hernandez and Sergio Gil Gonzalez purchased a vehicle from Defendant La Playita Auto Sales, Inc. They allege they were overcharged for a vehicle Defendant La Playita Auto Sales knew was defective. The First Amended Complaint includes causes of action for violations of the Consumers Legal Remedies Act, Business & Professions Code § 17200, and the Song-Beverly Warranty Act, as well as causes of action for fraud and ...

Excerpt: ...es of action in the supplemental complaint. TENTATIVE RULING: Defendant Residential Bancorp's motion for summary adjudication is DENIED as to Issues 1 through 4. Defendant to give notice, unless waived. DISCUSSION Requests for Judicial Notice 1. Defendant's Request for Judicial Notice Defendant requests that the Court take judicial notice of the following documents: (1) Notice of Building(s), Structure(s), or Premises Placed into the Rent Escrow ...

Excerpt: ...orth America, Inc. demurs to the fourth cause of action of the complaint (fraudulent inducement – concealment) and moves to strike portions of the complaint related to punitive damages. TENTATIVE RULING: Defendant Nissan North America, Inc.'s demurrer to the fourth cause of action of the complaint is OVERRULED. Defendant's motion to strike the prayer for punitive damages is DENIED. Defendant to file an answer within 20 days. DISCUSSION: Demurre...

Excerpt: ... of attorney because Defendants wanted to prolong decedent's life support to continue to receive Medicare payments until such payments were exhausted. Defendant Farough Kerendi, M.D. moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: Defendant Farough Kerendi, M.D.'s motion for summary judgment is DENIED. Defendant's alternative motion for summary adjudication is GRANTED as to Issue Nos. 5, 7, 8, and 10. Th...

Excerpt: ...City of Los Angeles failed to provide Plaintiff a private room to pump her breast milk and that she suffered retaliation when she complained. Defendant City of Los Angeles demurs to the 3AC and moves to strike portions of the 3AC as untimely or conclusory. TENTATIVE RULING: Defendant City of Los Angeles's demurrer to the third amended complaint is OVERRULED as to the first, second, and third causes of action. Defendant's motion to strike ¶¶ 11 ...

Excerpt: ...AND/OR PROCEEDINGS: This is an action to quiet title by adverse possession. Plaintiff/Cross-Defendant/Cross-Complainant Paul Krzemuski moves to dissolve the preliminary injunction that has been in place since February 24, 2017. TENTATIVE RULING: Plaintiff/Cross-Defendant/Cross-Complainant Paul Krzemuski's motion to dissolve the preliminary injunction is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion To Dissolve Preliminary...

Excerpt: ...EEDINGS: Plaintiff alleges that he is entitled to reimbursement of his capital contributions pursuant to an oral joint venture agreement by Defendants pertaining to the flipping of real property after the property had been sold for a profit. Plaintiff moves for attorneys' fees and expenses incurred in proving requests for admission denied by Defendants/Cross-Complainants. TENTATIVE RULING: Plaintiff/Cross-Defendant Yoram Yehuda dba Malibu Develop...

Excerpt: ...him. TENTATIVE RULING: Defendant Candido Ramirez's motion to set aside default is DENIED with prejudice. <0003005a0044004c005900 4800470011[ DISCUSSION: Motion To Set Aside Default Defendant Candido Ramirez moves – for the third time overall and for the second time as to the January 10, 2019 entry of default and February 1, 2019 entry of default judgment – to set aside the default and for leave to file a proposed answer and cross-complaint. T...

Excerpt: ... she submitted a claim for the benefits of his policy. Plaintiff alleges four causes of action: (1) breach of the duty of good faith and fair dealing, (2) breach of the contractual duty to pay a covered claim, (3) professional negligence, and (4) violation of Business & Professions Code § 17200 et seq. Defendant Primerica Life Insurance Company moves for summary adjudication of Plaintiff's first cause of action for breach of the duty of good fai...

Excerpt: ...ed 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 for an order denying third-party WME's “clawback” request pursuant to CCP § 2031.285. TENTATIVE R...

Excerpt: ...fendants, he was subjected to discriminatory and harassing conduct on the basis of his age and sexual orientation. The Second Amended Complaint (“SAC”) alleges causes of action for: 1. discrimination based on sexual orientation (Cal. Gov. Code § 12900. Et seq.); 2. harassment based on sexual orientation (Cal. Gov. Code § 12940(j)); 3. discrimination based on age (Cal. Gov. Code § 12900, et seq.); 4. harassment based on age (Cal. Gov. Code ...

Excerpt: ...urse Defendants, or to charge Plaintiffs for services not actually rendered to the properties. Moreover, Plaintiffs allege that Defendants have failed to maintain the subject property, leading to it being declared a public nuisance, and that a fire occurred at the property. Plaintiffs also allege that Defendants have failed to provide complete and accurate accountings of their business and management activities. Defendant Excel Residential Servic...

Excerpt: ...tion: 1. failure to pay meal and rest period compensation (Labor Code §§ 226.7 and 512); 2. non-compliant wage statements (Labor Code § 226 and 226.3); 3. waiting time penalties (Labor Code §§ 201, 203); 4. unfair competition (Bus. & Prof. Code § 17200, et seq.) <0052004700480003008600 001e[ 6. failure to produce wage records (Labor Code § 226(b)). TENTATIVE RULING: The demurrer to the 3 rd<0051004700480055000300 00470048000300860003> 203 ...

Excerpt: ...”) and moves to strike portions of it. TENTATIVE RULING: Defendant City of Los Angeles's demurrer to the 3AC is OVERRULED in its entirety. Defendant's motion to strike portions of the 3AC is DENIED in its entirety. <0003001500130003004700 44005c00560011[ DISCUSSION Demurrer Meet and Confer The Declaration of Attorney Nancy E. Wax reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice ...

Excerpt: ...thin 90 days after the recordation of the claim of lien. Petitioner seeks an order releasing the mechanic's lien and attorney's fees. TENTATIVE RULING: Petitioner Bart Mahoney's Petition for Release of Property from Lien is GRANTED. The Court GRANTS the request for attorney's fees, in part, in the total amount of $4,000. Respondent Rodrigo Uriarte Torres is ordered to pay this amount to Petitioner within 60 days of the date of this Order. Petitio...

Excerpt: ...er 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 First Amended Complaint. TENTATIVE RULING: Defendant Howroyd-Wright Employment Agency, Inc.'s demurrer to the First Amended Complaint is SUSTAINED without leave to amend as to all causes of action. Defendant to provide notice, unless waived. DISCUSSION: Demurrer Meet and Confer The Declarati...

Excerpt: ...cov (Jake) Metzler's demurrer to the entire third amended complaint and to the first, second, fifth, and sixth causes of action is OVERRULED. Defendant is ordered to answer the third amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Attorney G. Cresswell Templeton III reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Defendant requests that t...

Excerpt: ...used a nuisance with his construction and irrigation activities. Defendant also allegedly committed a battery against Plaintiff Susan Corso. Defendant filed a Cross-Complaint alleging that Plaintiffs have engaged in a campaign of harassment and intimidation to force him to relinquish his easements over Cross-Defendants' property. Plaintiffs/Cross-Defendants filed an anti-SLAPP motion to strike five of the nine causes of action in the Cross-Compla...

Excerpt: ...aint alleges that Defendants Senna Tree Company and Traffic Management, Inc. cooperated in securing permitting for the period of time the cranes were going to be in operation, with Senna Tree Company creating the permit that Traffic Management, Inc. submitted on September 7, 2016. However, on September 10, 2016, work could not occur because the permit did not properly close all lanes of traffic, as required for the work to be performed. Plaintiff...

Excerpt: ...bility (an on-the-job back injury and the resulting pain, and additional disabilities including anxiety, chest pain, and panic attacks). He also alleges that he was retaliated against for reporting disability harassment and discrimination and for requesting reasonable accommodations for his disability. He also alleges violations of the California Family Rights Act. Defendant Gateways Hospital and Mental Health Center moves to (1) bifurcate the tr...

Excerpt: ...ves for an order staying these proceedings pending resolution of Plaintiff's verified Peremptory Writ of Mandate in another proceeding, Case No. 19STCP00781. TENTATIVE RULING: Defendant City of Los Angeles's motion for an order staying these proceedings pending resolution of Plaintiff's verified Peremptory Writ of Mandate in Case No. 19STCP00781 is GRANTED. Any and all future dates are advanced and vacated. The Court sets a Status Conference/Lift...

Excerpt: ...hout prejudice another motion to disqualify Plaintiff's counsel on November 29, 2018. Defendants brought another motion to disqualify that was continued from April 18, 2019, to this date. The Court directed Defendants to file supplemental declarations “which addresses the specific questions asked by lawyers in general areas.” Plaintiff was permitted to file counter-declarations (though it filed an additional one that was not explicitly author...

Excerpt: ...e overcharged for a vehicle Defendant La Playita Auto Sales knew was defective. The First Amended Complaint includes causes of action for violations of the Consumers Legal Remedies Act, Business & Professions Code § 17200, and the Song-Beverly Warranty Act, as well as causes of action for fraud and negligent misrepresentation, against Defendant La Playita Auto Sales. They also allege a cause of action for violation of Vehicle Code § 11711 again...

Excerpt: ...er a jury trial, judgment was entered in favor of Plaintiff in the amount of $210,833 in compensatory damages. TENTATIVE RULING: Defendant LAUSD's motion to tax costs is GRANTED as to Item No. 1 in the amount of partial amount of $43.50, Item No. 11 in the full amount of $5,303.25, and Item No. 16 in the full amount of $3,193.18. The motion to tax costs is DENIED as to Item No. 4 and Item No. 12. Moving party to give notice, unless waived. DISCUS...

Excerpt: ... 2011 Chevrolet Equinox she purchased. Defendant General Motors, LLC demurs to the seventh cause of action of the first amended complaint and moves to strike portions related to punitive damages. TENTATIVE RULING: Defendant General Motors, LLC's demurrer to the seventh cause of action of the first amended complaint is OVERRULED. Defendant's motion to strike the prayer for punitive damages at ¶ f., page 22:10 is DENIED. Defendant to file an Answe...

Excerpt: ...f the assets of B&B Liquidating, LLC. Plaintiff needed the valuation to determine whether the assets would provide sufficient collateral for a loan it was considering making to B&B. Plaintiff alleges that Defendant significantly overstated the value of the inventory. The complaint alleges causes of action for (1) negligence, (2) breach of contract, and (3) negligent misrepresentation. Defendant demurs to the complaint and moves to strike portions...

Excerpt: ...Baral was the prevailing party in this action. Defendant David Schnitt moves to seal trial exhibits 822-826. TENTATIVE RULING: Defendant David Schnitt's motion to seal trial exhibits 822-826 is DENIED. All documents lodged conditionally under seal by Defendant shall be placed in the public file. Motion To Seal Defendant David Schnitt moves to seal trial exhibits 822-826 contain Defendant's or I.Q. BackOffice, Inc.'s sensitive financial informatio...

Excerpt: ...ed after suffering a head injury that required him to take a medical leave. Defendants Green Cuisine, Inc. and Spender Sanderson demur to the second amended complaint. Defendant Fresh & Ready Foods, LLC filed a notice of joinder in the demurrer. TENTATIVE RULING: Defendant Fresh & Ready Foods, LLC's notice of joinder in the demurrer is GRANTED. Defendants Green Cuisine, Inc. and Spender Sanderson's demurrer to the second amended complaint is SUST...

Excerpt: ... deposition of the PMQ of Modern Medical Management LLC. TENTATIVE RULING: Defendant Modern Medical Management's motion for protective order is DENIED. The Court's prior limitation of this deposition to newly acquired information stands. This deposition is to be taken no later than July 3, 2019, unless otherwise stipulated by the parties. Plaintiff's request for sanctions against Attorney Darren G. Reed and Defendant Frances Marques is DENIED. Fi...

Excerpt: ...rcial Loan Solutions, III, LLC; <000300030003000b001600 00440051005700560003[Commercial Loan Solutions, LLC and Commercial Loan Solutions, III, LLC; <000300030003000b001700 00440051005700030025[ank of the West RESPONDING PARTY(S): (1) Plaintiffs Michael S. Yu, A Law Corporation, My Law Holdings, and Michael S. Yu; (2) No opposition filed; <000300030003000b001600 004c0049004900560003[Michael S. Yu, A Law Corporation, My Law Holdings, and Michael S...

Excerpt: ... and additional disabilities including anxiety, chest pain, and panic attacks). He also alleges that he was retaliated against for reporting disability harassment and discrimination and for requesting reasonable accommodations for his disability. He also alleges violations of the California Family Rights Act. Defendant Gateways Hospital and Mental Health Center moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RUL...

Excerpt: ...erminated. Plaintiff moves for an interim award of attorneys' fees. TENTATIVE RULING: Plaintiff Sheldon Kim's motion for an interim award of attorneys' fees is DENIED. DISCUSSION: Motion For Attorney's Fees Defendant has reinstated Plaintiff to a similar, but lesser, position, even though his physical condition was wholly unchanged from the time his employment was terminated. Plaintiff moves for an interim award of attorneys' fees in the amount o...

Excerpt: ...re, LLC motion for entry of judgment pursuant to CCP § 664.6 is DENIED. Plaintiff may seek to enforce the settlement agreement by filing a new action for breach of contract. If Plaintiff does so, Plaintiff is to file a Notice of Related Case in accordance with the California Rules of Court. DISCUSSION: Motion to Enforce Settlement Agreement Plaintiff moves to enforce the settlement agreement pursuant to CCP § 664.6 in the principal amount of $7...

Excerpt: ...�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 Defendants repudiated the Partnership Sale Agreement and unilat...

Excerpt: ...intiff tenant alleges that Defendant landlord engaged in numerous acts of threatening Plaintiff and retaliating against Plaintiff, culminating in wrongful eviction, for making complaints to the Los Angeles Department of Building and Safety about the illegal conversion of Plaintiff's rental unit, habitability concerns, and excess rent payment despite the Rent Stabilization Ordinance. Defendant Laura Ancheta filed a Cross-Complaint alleging that Pl...

Excerpt: ...h Plan, Inc., moves to conduct Plaintiff's independent mental examination. TENTATIVE RULING: Defendant Kaiser Foundation Health Plan, Inc.'s motion to conduct Plaintiff's independent mental examination is GRANTED IN PART. The Court will permit Dr. Dean Delis to examine Plaintiff at Esquire Reporting Service, 535 Anton Blvd., Suite 400, Costa Mesa, CA 92626, on June 12, 2019, beginning at 9:30 a.m. The testing is to be limited to the Minnesota Mul...

Excerpt: ...he imposition of sanctions. TENTATIVE RULING: Plaintiff Juan Carlos Ramirez's motion to compel proper verifications under CCP § 2015.5 is DENIED. <0003004c00560003002700 280031002c002800270011[ DISCUSSION: Motion To Compel Verifications <0011001500180013000f00 0051004f005c00030056[ets forth the standards for the party signing a response to demand for production. Technically speaking, there is no motion to compel “proper verifications” under ...

Excerpt: ...independent contractor to save payroll and other taxes and legal obligations. Defendants failed and refuse to reimburse Plaintiff for business expenses. Defendants allegedly retaliated against Plaintiff's complaints by wrongfully terminating his employment and accusing Plaintiff of criminal extortion. Defendant Rspringa also threatened to seek to enforce an unenforceable non- competition agreement against Plaintiff. Defendant Robert Lohman allege...

Excerpt: ..., PBJB, Inc., Downtown #1 GP, Inc., Buckhead LLC, Valencia 1, L.P., Noho 1 GP, Inc., Peter Brill, and Joe Barker move to compel arbitration and to stay proceedings. The Court had continued the hearing on the motion for supplemental briefs, which it has received, reviewed and considered. TENTATIVE RULING: Defendants Hollywood #1, L.P., PBJB, Inc., Downtown #1 GP, Inc., Buckhead LLC, Valencia 1, L.P., Noho 1 GP, Inc., Peter Brill, and Joe Barker's ...

Excerpt: ...ntiff alleges Elder Abuse, Violation of Residents Rights and wrongful death rising out of decedent's inpatient stay at Defendants' 24-hour health facility. Defendant Santa Teresita Medical Center, Inc. demurs to the second amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Santa Teresita Medical Center's demurrer to the second amended complaint is OVERRULED as to the first and second causes of action. The motion t...

Excerpt: ...fendants move to tax Plaintiffs' memorandum of costs. TENTATIVE RULING Defendants BMW of North America, LLC and Sai Monrovia B, Inc. dba BMW of Monrovia's motion to tax costs is GRANTED in the amount of $911.96 as to Item No. 12 and in the amount of $87.38 as to Item No. 13, and is otherwise DENIED. ANALYSIS Motion To Tax Costs Defendants BMW of North America, LLC and Sai Monrovia B, Inc. dba BMW of Monrovia move to tax the following costs sought...

Excerpt: ...t amended complaint (“1AC”). TENTATIVE RULING: Defendant Genevieve MacDonald, M.D.'s demurrer to the second and third causes of action in the first amended complaint is SUSTAINED without leave to amend, unless Plaintiff demonstrates at the hearing, vis-à-vis a sufficient offer of proof, that she is able to successfully amend any of these two causes of action consistent with this ruling. DISCUSSION: Demurrer Meet and Confer The Declaration of...

Excerpt: ...QUEST FOR SANCTIONS MOVING PARTY: (1) & (2) Plaintiff Jesus Cano RESPONDING PARTY(S): (1) & (2) No oppositions filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an individual wage and hour action. Plaintiff moves to compel responses to interrogatories and requests for production of documents and seeks an order deeming requests for admission admitted as against Defendant Jee Sook Park. Plaintiff also requests sanctions. TENTATIVE RULI...

Excerpt: ... compel responses to form interrogatories, set one, from Defendant Justin Maurice Lowenthal, and to compel his deposition. TENTATIVE RULING: Plaintiff Irving Samayoa's motion to compel responses to form interrogatories (set one) is GRANTED. Defendant Justin Lowenthal is ordered to provide verified responses, without objection, within 30 days of this Order. Plaintiff's request for sanctions is GRANTED in the amount of $1,000 against Defendants' co...

Excerpt: ...tem dba Community Memorial Hospital demurs to the Second Amended Complaint. TENTATIVE RULING: Defendant Community Memorial Health System dba Community Memorial Hospital's demurrer to the second amended complaint is OVERRULED. Defendant is ordered to answer the second amended complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Barbara A. Carroll reflects that the meet and confer requirement set forth in CCP § 430.41 ...

Excerpt: ... as Norik Gharagedaghi, an employee of Walt Disney Parks and Resorts), while she was working and also that supervisor Defendant Velasco sexually harassed her by requesting sexual favors in return for Plaintiff getting an open job position. Defendants The Walt Disney Company, Walt Disney Studios d/b/a Walt Disney Pictures, and Walt Disney Parks and Resorts U.S., Inc. move for summary judgment or, alternatively, summary adjudication. TENTATIVE RULI...

Excerpt: ...AND/OR PROCEEDINGS: Plaintiff subcontractor filed an action to recover for labor and materials furnished on a public work of construction. Defendant Granite Construction Company moves to compel arbitration and stay proceedings, as well as for attorney's fees. Defendants Federal Insurance Company, Travelers Casualty and Surety Company of America, Continental Insurance Company, and Pacific Indemnity Company move to stay proceedings pending arbitrat...

Excerpt: ...hem. TENTATIVE RULING: Defendant Candido Ramirez's motion to set aside default is DENIED with prejudice. DISCUSSION: Motion To Set Aside Default Request For Judicial Notice Plaintiffs' request that the Court take judicial notice of court records pertaining to Candido Ramirez v. Ana Luisa Cruz Sanchez, Case No. 17NFL00411, Marcel Padilla v. Rita Figueroa, Case No. BC575127, Marcello Mendoza v. Jose E. Jimenez, Jr., Case No. 14K08249, Discover Bank...

Excerpt: ...siness, with the option to purchase the property from Defendant for $250,000 and thereafter Defendant would be allowed to reside at the property rent free in perpetuity. Defendant Richard Carlson moves to expunge lis pendens and to recover attorney's fees and costs. The Court continued the hearing on this motion to give Plaintiff an opportunity to file an opposition. TENTATIVE RULING: Defendant Richard Carlson's motion to expunge lis pendens is D...

Excerpt: ...d of attorney's fees and costs. TENTATIVE RULING: Plaintiff Yolanda Hernandez's motion for attorney's fees and costs is GRANTED in the amount of $52,500.00 in attorney fees and $$7,911.00 in costs and expenses. DISCUSSION: Motion For Attorney Fees, Costs and Expenses Plaintiff's Evidentiary Objections Declaration of Andrew K. Stefatos No. 1: OVERRULED. No. 2: SUSTAINED. Lack of foundation. No. 3: SUSTAINED. Lack of foundation. Attorney Fees Plain...

Excerpt: ...ch that there is no coverage for the claimed losses. Defendant Jose Luis Acosta moves to set aside the entry of default against him. TENTATIVE RULING: Defendant Jose Luis Acosta's motion to vacate default and for leave to file a cross- complaint is GRANTED. Defendant is to file stand-alone copies of his answer and cross- complaint today. The answer and cross-complaint are deemed to be served as of this date. If desired, Plaintiff may submit a dec...

Excerpt: ...hat the City of Los Angeles Defendants have harmed Plaintiff by making her spend money for reports and threatening her with criminal fines and imprisonment if she does not remediate the slope failure occurring on her property. Defendants City of Los Angeles, Vincent Cotton, Timothy Powell, and Sergio Valenzuela demur to the Second Amended Complaint. TENTATIVE RULING: Defendants City of Los Angeles, Vincent Cotton, Timothy Powell, and Sergio Valen...

Excerpt: ... attorney's fees, costs and expenses. TENTATIVE RULING: Plaintiff Parviz Afrahim's motion for attorney's fees, costs and expenses is GRANTED in the total amount of $85,000 in attorney fees and $22,160.89 in costs and expenses. DISCUSSION: Motion For Attorney Fees, Costs and Expenses Request For Judicial Notice Plaintiff's request that the Court take judicial notice of orders in other cases is DENIED as irrelevant. The Court need only take judicia...

Excerpt: ...ichard Ehrlich Bypass Trust; Donald P. Crasnick, individually and 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 demurrer to the First Amended Complaint. TE...

Excerpt: ... Clinica Medica San Felipe. TENTATIVE RULING: Plaintiff Celia Herrera's motion to quash the medical records subpoena is GRANTED IN PART, AND DENIED IN PART, AS TO BE MODIFIED BY THE COURT AT THE HEARING. DISCUSSION: Motion To Quash Subpoenas Plaintiff moves to quash or modify the medical records subpoena issued to Clinica Medica San Felipe. CCP § 1987.1 provides: (a) If a subpoena requires the attendance of a witness or the production of books, ...

Excerpt: ...inated with toxic mold that caused health problems for Plaintiffs. Defendants Christopher Smith, Paradigm Management, Inc., and Daniel Crisci demur to the 2AC and move to strike portions thereof. TENTATIVE RULING: Defendants Christopher Smith, Paradigm Management, Inc., and Daniel Crisci's demurrer to the second amended complaint is OVERRULED as to the seventh through eleventh causes of action. Defendants' motion to strike is DENIED as to the pun...