Excerpt: ...hcare of California, Molina Healthcare of California Partner Plan, Inc. (the “Molina Defendants”). Plaintiff worked for the Molina Defendants as a Leave of Absence Supervisor. After experiencing a traumatic family event that necessitated a medical leave of absence, Plaintiff alleges Defendants terminated her employment. Defendants now move bifurcate Plaintiff's claim for punitive damages from liability and compensatory damages. Plaintiff oppo...

Excerpt: ...al system defects. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of Exhibits 1 and 2. Pursuant to Plaintiff's Request, the cour...

Excerpt: ...s they personally guaranteed to be paid to Plaintiff for the lease of Ike's Sandwich Place of Westwood, Inc. Subsequently, Defendant Sugarman filed a Cross-Complaint against Defendant Azinian for (1) breach of contract, (2) breach of fiduciary duty, (3) accounting, and (4) declaratory relief. Defendant Azinian also filed a Cross-Complaint, asserting a cause of action for (1) declaratory relief against both WVS and Sugarman, and for equitable inde...

Excerpt: ...ant now moves for an order compelling Plaintiff to arbitrate his individual PAGA claim pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismissal is set for 9/22/23 at 8:30 a.m. This court ...

Excerpt: ...ornia Pain Consultants, Inc. and Kenneth Sterling Bradley. Plaintiff, as a single mother, alleges she experienced harassment and discrimination due to her marital status and gender. She also alleges that Defendants retaliated against her by taking Fridays from her work schedule. On Plaintiff's last day of work, she alleges that Defendants assaulted her by hitting her with a door. Defendants now move for an order compelling Plaintiff to appear for...

Excerpt: ...his court granted Defendant's motion to compel arbitration. Plaintiff now brings his own “motion to compel arbitration,” contending that Defendant has not complied with the terms of the arbitration agreement. Plaintiff asks this court to order Defendant to arbitrate this action before JAMS or Judicate West, rather than AAA. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Compel Arbitration before JAMS or Judicate West is DENIED. Un...

Excerpt: ...Wellness GP, LLC; and Shlomo Rechnitz . Plaintiff was a resident of a skilled nursing facility owned and/or operated by Defendants. Plaintiff alleged that Defendants failed to use reasonable care, resulting in a severe unstageable pressure sore. Plaintiff alleged causes of action for (1) elder abuse and (2) negligent hiring and supervision. Plaintiff is now deceased; Belen Ramirez has been appointed Plaintiff's Successor in Interest. After Plaint...

Excerpt: ...ntiff alleges Defendant owes him $59,000 for unpaid services. Defendant Martinez has Cross-Complained against Hernandez for (1) breach of contract, (2) indemnity, (3) fraud, (4) Bus. & Prof. Code section 7160, (5) CCP Section 1029.8, (6) Bus. & Prof. Code Section 7031, and (7) declaratory relief. Defendant now demurs to the single cause of action in the Complaint. Defendant also moves to strike portions of the Complaint. Plaintiff opposed. TENTAT...

Excerpt: ...t Defendants T.B. Penick & Sons, Inc. (“Defendant” or “Penick”), The Western Surety Company (“Western”), and Long Beach Unified School District (“Defendant” or “the District”). R&J alleged that on or about November 20, 2014, Plaintiff and Defendants entered into a written agreement where Plaintiff, as a subcontractor of Defendant Penick, was to provide labor and materials for the installation of cut and fabricated sheet- metal...

Excerpt: ...Complaint in its entirety. Defendant now moves to have Plaintiff deemed a vexatious litigant and to require Plaintiff to furnish security. TENTATIVE RULING: Defendant's motion to have Plaintiff deemed a vexatious litigant is DENIED WITHOUT PREJUDICE. The request for the posting of security is also DENIED. DISCUSSION: Motion to Declare Vexatious Litigant Defendant moves to have Plaintiff Ashley Jordan Wallens deemed a vexatious litigant. Defendant...

Excerpt: ...star Mortgage, LLC, the deed of trust dated 7/17/2006, in the amount of $1,000,000, for the subject property located at 2241 Flintridge Dr., Glendale, CA 91206. After the assignment, Plaintiff alleges her first monthly statement showed an $800 increase. Plaintiff sought answers from Nationstar but to no avail. Nationstar then posted a notice of trustee sale; before the sale, Plaintiff obtained a loan modification. The modification resulted in a n...

Excerpt: ...t inducement. Plaintiff now moves for leave to file a First Amended Complaint. The motion is unopposed. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED. A stand-alone FAC must be filed and served to all current parties within 10 days. Any new parties must be served in a timely manner as provided by law. Defendant's demurrer and motion to strike set for hearing on September 26, 2022, are now MOOT and tak...

Excerpt: ... Plaintiff's leased premises located at 9381 W. Olympic Blvd., Unit F, Beverly Hills, CA 90212. Specifically, Plaintiff alleges Defendants have failed to remedy the toxic mold, as well as other issues, in the subject premises despite repeated notice from Plaintiff. The operative Second Amended Complaint alleges causes of action for (1) breach of warranty of habitability (violation of Civil Code section 1941.1), (2) breach of warranty of habitabil...

Excerpt: ...endant Atlantic Solutions Group, Inc. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff did not oppose the motion. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismi...

Excerpt: ...sed Plaintiff's name and license to obtain the contract, but then utilized less expensive, unlicensed employees to conduct the work. Plaintiff alleges Defendants failed to give him work, never paid him, but kept him on staff just to use his license—all the while, Defendant falsely assured Plaintiff that the project had not started. Plaintiff now brings this action for (1) breach of oral contract, (2) breach of written contract, (3) breach of im...

Excerpt: ...ther in Hawaii. The parties entered a settlement agreement on September 10, 2021; this court retained jurisdiction to enforce the settlement under Code of Civil Procedure section 664.6. Plaintiff now moves for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendant opposed. TENTATIVE RULING: Plaintiff's motion to enforce settlement agreement is MOOT. The request for an award of attorney's fees is DENIED. DISCUSSIO...

Excerpt: ... that he was forced out by Nazir Mir and Scott Keller, Freshtech's other officers and directors, because they were engaging in improper conduct. Mirtech, Inc., a named Defendant that is owned by Defendant Mir, has filed a Cross-Complaint against Ross and his entity, Ross International. Mirtech has a license agreement with Freshtech to collaborate in the food packaging marketplace. Mirtech alleges that Ross, in his role as Freshtech's CEO, abdicat...

Excerpt: ...e (LASC Case no. 20STCV40645, County of Los Angeles v. Ben and Reef Gardens, Inc., et al.), in which the County sought and obtained a preliminary injunction preventing Defendant Ben and Reef and the other entity Defendants from hosting large gatherings at their event space. Defendants in the related case Cross-Complained against the County. Defendant Ben and Reef defaulted in the related case and was not a Cross-Complainant there; it filed the in...

Excerpt: ...USAA to provide him various financial services. Plaintiff alleges that on or about May of 2017, he noticed incorrect charges on a USAA credit card in the name of his mother. Plaintiff notified USAA that the charges were incorrect, and USAA reversed the charges. However, USAA then reached the determination that the charges were in fact proper and reinstated the charges on the credit account. USAA went further and closed down the account, and then ...

Excerpt: ...olations and various torts against Defendant Southern California Medical Group, Inc. and its employees. Plaintiff alleges Defendants retaliated against her for complaining of patient safety issues, requesting a reasonable accommodation, complaining of a hostile work environment, applying for Worker's Compensation, reporting Defendants Mara Ridane and Fanny Noya for falsifying compliance competency paperwork, and complaining of assault, battery, a...

Excerpt: ...es for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED in part and DEFERRED in Part. Defendant's Motion is GRANTED as to Plaintiff's individual PAGA claim. That portion of the case is STAYED pending binding arbitration. A Status Review/OSC re: Dismissal is set for September 7, 2023 at 8:30 a.m. This court defers its ruli...

Excerpt: ...n, (3) fraud–concealment, (4) breach of contract, and (5) breach of implied covenant of good faith and fair dealing. Plaintiff/Cross-Defendant alleges Defendant/Cross-Complainant Amrezi and third parties entered into an LLC operating agreement to form CNC. Under the agreement, Cross-complainant Amrezi was one of the initial members of CNC, and Cross-complainant Thom was appointed to CNC's Board of Directors. Cross-Defendant CNC alleges that in ...

Excerpt: ...st based on component parts Soligen supplied Eaton. The operative First Amended Complaint contains causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account. Defendant Eaton now moves for summary judgment, or in the alternative, summary adjudication. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Defendant's Motion for Summary Adjudication as to each cause of action i...

Excerpt: ...tri Singh was driving a 2015 Honda Civic when she was struck from behind by Defendant Mone Danette Sanchez. The impact caused the driver's seat back to fail and collapse rearward. Ms. Singh suffered immediate injuries from the impact and passed-away two days later. Plaintiffs bring causes of action for (1) strict product liability and (2) negligence against Defendants Honda Motor Company, LTD, American Honda Motor Co., Inc., and FAA Poway H, Inc....

Excerpt: ...receive a management fee of 33% of the Company's profits. Plaintiff alleges that Defendants failed to pay the agreed management fee, and when Plaintiff pushed the issue, Defendants fired him. Plaintiff brings causes of action against Defendant Larder Baking Company and its executives Suzanne Goin and Caroline Styne for (1) Retaliation in violation of Labor Code §§ 1102.5, et seq., (2) wrongful termination, (3) fraudulent misrepresentation, (4) ...

Excerpt: ...ember 14, 2014, Defendant Parks BBQ Express, Inc. (Parks BBQ”) agreed to lease a ground floor retail space at Plaintiff's property. On or about May 31, 2018, Defendant Okiboru LLC (“Okiboru”) assumed the lease from Parks BBQ. After Defendant Okiboru allegedly stopped paying rent, Plaintiff EQR filed the instant action against Okiboru and Parks BBQ for (1) breach of contract and (2) breach of lease guaranty. On July 25, 2022, Plaintiff dismi...

Excerpt: ...dants Ben and Reef Gardens, Inc., Gardens of Paradise, LLC, Shaul Yakovi, and Ronit Waizgen. Plaintiffs sought injunctive relief to prevent Defendants from hosting gatherings during the Covid-19 pandemic. Cross- Defendants then Cross-Complained against the County for (1) Violation of the First Amendment and California Constitution Article I, Section 2, (2) violation of procedural due process, (3) violation of substantive due process, (4) violatio...

Excerpt: ...'s profits. Plaintiff alleges that Defendants failed to pay the agreed management fee, and when Plaintiff pushed the issue, Defendants fired him. Plaintiff brings causes of action against Defendant Larder Baking Company and its executives Suzanne Goin and Caroline Styne for (1) Retaliation in violation of Labor Code §§ 1102.5, et seq., (2) wrongful termination, (3) fraudulent misrepresentation, (4) breach of contract, (5) violation of Labor Cod...

Excerpt: ...trument (8) against the record owners of four different properties. Plaintiff alleges he is the true owner of the properties. On October 8, 2019, the Court ordered this case related to the UD action (19CHUD01214) filed in the Chatsworth Courthouse. Plaintiff Tim Cullen is now deceased. No personal representative has appeared to continue the case. The Court dismissed the action without prejudice on January 25, 2022. Defendant Cameron Orozco now mo...

Excerpt: ...efendant Nationstar Mortgage LLC. Plaintiff alleges he fell behind on his mortgage payments and Defendant recorded a Notice of Default. While Plaintiff was out of town, he alleges Defendant changed the locks on the property and hired movers to remove items from Plaintiff's property. Plaintiff alleges that on June 4, 2020, Defendant sold Plaintiff's property at a Non-Judicial Foreclosure sale, in violation of the Sallie Mae/Freddie Mac foreclosure...

Excerpt: ...ettlement Agreement (the “Agreement”.) The Agreement provides for the disposition of a residential condominium (the “property”) on Wilshire Boulevard. The Agreement stated that the parties held title to the property as joint tenants. In reality, the Plaintiff and her ex-husband held that property as husband-and-wife community property. Plaintiff obtained title documents concerning the Property and learned that title was not held as joint ...

Excerpt: ...alizing in cosmetic procedures. The other Defendants are Vincent Wu, Alice Lee, and Tao Chen, all of whom are administrators and/or employees of the Center. Plaintiff alleges that the Defendants failed to have in place Standardized Procedures and Protocals (“SPP”) as required for its registered nurses to conduct Fraxel laser treatments and the IPL laser treatments. On or about May 9, 2019, the Board of Nursing (the “Nursing Board”) filed ...

Excerpt: ... Plaintiff brings six causes of action for (1) FEHA Sexual Harassment, (2) Sexual Discrimination, (3) FEHA Retaliation, (4) Labor Code Retaliation, (5) Failure to Prevent Harassment, Discrimination, and Retaliation, and (6) Negligent Supervision and Retention. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. This matter came for hearing on July 16, 2022, and the matter was continued to...

Excerpt: ... the Los Angeles Police Department on May 8, 2013. The incident was reported to the Probation Department, which started an administrative investigation. Approximately five years later, Plaintiff received a Notice of Discharge. Plaintiff alleges this act violated his rights under the Public Safety Officers Procedural Bill of Rights, Government Code § 3304(d), and that imposition of discipline against Plaintiff was disparate in comparison to simil...

Excerpt: ...ompelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Moving party to give notice, unless waived. DISCUSSION: Motion to Compel Arbitration 1. Legal Standard “[T]he petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence . . . .” (Giuliano v. Inland Empire Personnel, ...

Excerpt: ...of Emotional Distress, and “Embezzlement with Grand Larceny by Conversion.” Plaintiff alleges Defendant violated the parties' partnership agreement to operate their company, Artist Advantage Group Academy LLC. This court held a non-jury trial on January 11, 2022, and May 16, 2022. Defendant did not appear at trial. This court subsequently entered judgment in Plaintiff's favor in the amount of $154,000.00. (See Judgment 05/16/2022.) Defendant ...

Excerpt: ...er for the now deceased Edwin Eastman. Lisa is the daughter of Edwin. Plaintiff alleged that Defendants violated wage and hour laws. On May 29, 2019, the court entered the Defendants' defaults. On August 15, 2019, Plaintiff obtained a default judgment “for damages of $579,187.50, attorney fees of $17,765.63, and costs of $565.00 for a total of $597,518.13.” (See Order 08/15/2019.) Defendant Lisa Eastman now moves to set aside the default judg...

Excerpt: .../OR PROCEEDINGS: Plaintiffs Kurt Knuttson and Woojivas, Inc. bring this suit against the law corporation of their deceased former lawyer, Judith Salkow Shapiro, APC, for legal malpractice and fraud in the handling of an underlying employment and right of publicity action against KTLA, Local TV, and other television stations. The operative Second Amended Complaint asserts causes of action for (1) Breach of Contract, (2) Professional Negligence/Leg...

Excerpt: ...p, Inc (“American”). Respondents are Vicki Laken (“Laken”) and the Kent Sherwood 2011 Trust (“the Trust”) through its Trustee, Mihana Mitchell (“Mitchell”). Laken and the Trust both claim the right to the remaining insurance proceeds for dwelling repairs to a mobile home located at 30473 Mulholland Highway, No. 104, Agoura, CA 91301, which was destroyed by the Woolsey Fire in November 2018. Respondents have filed cross-complaints ...

Excerpt: ...er. Plaintiff alleges Defendant discriminated against her based on her being an African American woman in her sixties with a physical disability, and that Defendant forced her to retire in 2019. The Operative Third Amended Complaint includes causes of action under FEHA for (1) disparate treatment–discrimination, (2) disability discrimination–failure to provide reasonable accommodation, (3) disability discrimination–failure to engage in inte...

Excerpt: ...d the motion. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $15,750.00. In addition, Plaintiff is awarded costs in the amount of $1,683.16. Moving party to give notice, unless waived. DISCUSSION: Motion for Attorney Fees 1. Judicial Notice Pursuant to Plaintiff's request, the court takes judicial notice of Plaintiff's exhibits 1 through 20, as records of a court of California or the United Stat...

Excerpt: ...erty at 12509 W. Sunset Boulevard, Los Angeles, CA. Plaintiff alleges that note was never paid and is still owing in full. Plaintiff further alleges that in February of 2019, Plaintiff issued back to Viltar, LLC a secured promissory note to pay Viltar the principal amount of $90,000.00. At some point after, Viltar, LLC assigned the $90,000 note and accompanying deed of trust to Defendant in this case, Yukmi, Inc. Defendant now seeks to foreclose ...

Excerpt: ...nt Stores) was a tenant. Plaintiff alleges Defendant breached its lease by failing to pay common area maintenance payments. Plaintiff brought causes of action for (1) breach of contract, (2) open book account, (3) quantum meruit, and (4) unjust enrichment. Only the breach of contract claim remains at this time. Defendant has filed a Cross-Complaint for (1) breach of contract and (2) fraud. Defendant alleges that it has been overcharged common are...

Excerpt: ..., Claudia Cadena, and S.B.S. Trust Deed Network (collectively “Defendants”). Plaintiff alleges the following causes of action against Defendants: (1) Fraud, (2) Negligent Misrepresentation, (3) Conspiracy to Defraud, (4) Violation of Usury Laws, (5) Unfair Business Practices, (6) Cancellation of Instrument, (7) Abuse of Process, (8) Accounting, (9) Injunctive Relief, and (10) Declaratory Relief. This action arises out of the sale of real prop...

Excerpt: ...t Amended Complaint contains causes of action for (1) Goods Sold and Delivered, (2) Account Stated, and (3) Open Book Account. Plaintiff now moves for leave to file a Second Amended Complaint. Defendant has opposed. TENTATIVE RULING: Plaintiff's Motion for Leave to File a Second Amended Complaint is DENIED. Defendant to give notice, unless waived. DISCUSSION: Motion for Leave to File Second Amended Complaint Legal Standard If a plaintiff wishes t...

Excerpt: ...osts. Defendant opposed the motion. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees is GRANTED IN PART in the total amount of $15,000.00. In addition, Plaintiff is awarded costs in the amount of $3,480.15. Moving party to give notice, unless waived. DISCUSSION: Motion for Attorney Fees 1. Analysis Plaintiff moves for an order awarding attorney's fees in the amount of $45,695.00 with a 1.5 multiplier, for a total of $68,542.50. Plaintiff ...

Excerpt: ...ng each cause of action from the Complaint pursuant to the anti-SLAPP statute, Code of Civil Procedure § 425.15. Plaintiff did not file an opposition to the motion. TENTATIVE RULING: Defendant's Special Motion to Strike is GRANTED. Defendant may file a motion for attorney's fees if it elects to do so. The court will address any potential award at such a hearing. Moving party to give notice, unless waived. DISCUSSION: Special Motion to Strike I. ...

Excerpt: ... back while on duty on January 14, 2019. Plaintiff's injuries eventually required medical leave. Plaintiff alleges that on or about May 12, 2020, Defendant terminated his employment, citing Plaintiff's inability to work and the COVID-19 pandemic. Plaintiff moves for an order quashing the Defendant's Deposition Subpoena for production of Plaintiff's records from third parties (1) Kaiser Foundation Hospital, (2) Long Beach Prime Medical Group, (3) ...

Excerpt: ...dants”). Plaintiff alleges the following causes of action against Defendants: (1) Fraud, (2) Negligent Misrepresentation, (3) Conspiracy to Defraud, (4) Violation of Usury Laws, (5) Unfair Business Practices, (6) Cancellation of Instrument, (7) Abuse of Process, (8) Accounting, (9) Injunctive Relief, and (10) Declaratory Relief. This action arises out of the sale of real property located at 5529 Vanalden Street in Tarzana, California. Plaintiff...

Excerpt: ...fendants are the City of Los Angeles (“City”) and Los Angeles County Metropolitan Transportation Authority (“Metro.”) Plaintiff now moves for trial preference pursuant to CCP Section 36(a). Defendant Los Angeles County Metropolitan Transportation Authority did not oppose. TENTATIVE RULING: Plaintiff's motion for trial preference is GRANTED. The jury trial date is set for 11/14/22 at 9:30 a.m. The Final Status Conference is set for 11/3/22...