Excerpt: ...ss-Defendants Stephanie Aguirre, as Administrator of the Estate of Heriberto S. Diaz and Carol J. Diaz Responding Party: Defendant/Cross-Complainant Sergio S. Diaz T/R: Cross-Defendants' Motion for Summary Adjudication to the first, third, and fourth causes of action is denied as moot because Sergio dismissed them on June 23, 2021. The Court will continue the motion as to the second cause of action. CROSS-DEFENDANTS TO NOTICE. The Court considers...

Excerpt: ...TAYED until the resolution of the pending demurrers. Defendants' request for sanctions is DENIED. DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition, and reply. BACKGROUND Plaintiff Shlomo Meiri sued Defendants on July 10, 2020.[1] On April 8, 2021, Shlomo filed the operative First Amended Complaint asserting sixteen causes of action. Defendants are Shakrokh Shamtoubi a/k/a Tony Shamtoubi; Tale Shamtoubi; Torag Pourshamtobi; ...

Excerpt: ...th System – Southern California dba Providence St. Elizabeth Care Center Responding Party: Plaintiff Ana M. Pulfer, by and through her Attorney-in-Fact, Steve N. Pulfer T/R: DEFENDANT'S DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving, opposition, and reply papers. BACKGROUND On November 1, 2019, Plaintiff Ana M. Pulfer, by and through her Attorney-in- Fact, Steve N. Pulfer sued Defendan...

Excerpt: ...al award of $79,437.60. DEFENDANT WASSERMAN TO NOTICE. The Court considers the moving papers. Plaintiff did not file an opposition. BACKGROUND Plaintiff Marjan Garmestani, D.D.S. alleged causes of action for (1) malicious prosecution, (2) negligence, (3) intentional infliction of emotional distress, and (4) negligent infliction of emotional distress against Defendants Michael E. Wasserman, Law Offices of Michael E. Wasserman, and Faramarz Zargar....

Excerpt: ...unty of Riverside, Carole Keaton, Marlo Ann Cruz, Heather Dalmases, Julia Hernandez-Ortega, and Jaime Melendez Responding Party: None T/R: (1) DEFENDANTS CHILDREN'S HOSPITAL LOS ANGELES AND EDWARD RIVERA'S DEMURRER TO THE THIRD AND FIFTH CAUSES OF ACTION ARE SUSTAINED WITHOUT LEAVE TO AMEND. THE MOTION TO STRIKE IS MOOT. (2) DEFENDANTS COUNTY OF RIVERSIDE, CAROLE KEATON, MARLO ANN CRUZ, HEATHER DALMASES, JULIA HERNANDEZ-ORTEGA, AND JAIME MELENDEZ...

Excerpt: ...Court considers the moving papers, opposition, reply, and supplemental briefing. On February 18, 2021, Petitioner filed a petition to confirm an arbitration award after an uninsured motorist (UIM) arbitration. On February 19, 2021, Petitioner filed a memorandum of costs seeking $70,360.01 in costs. No hearing has been set on the petition to confirm arbitration. Respondent moves to tax all costs, arguing Petitioner is not entitled to recover any c...

Excerpt: ...ARBITRATION IS GRANTED. THE ACTION IS STAYED. DEFENDANT JJC FOODS, LLC TO NOTICE. The Court considers the moving papers, opposition, and reply. BACKGROUND This is an employment action. On August 11, 2020, Plaintiff Christian Bridges sued Defendant JJC Foods, LLC, Century Fast Foods, Inc., Juan (Last Name Unknown), Jose (Last Name Unknown), and Does 1 to 100. Plaintiff asserts FEHA claims, wrongful termination, and other related claims. Plaintiff ...

Excerpt: ...LER WILLIAMS COSTA MESA'S DEMURRER IS SUSTAINED WITH 30 DAYS LEAVE TO AMEND. DEFENDANT'S MOTION TO STRIKE IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On April 15, 2020, Plaintiff Yang Liu sued Defendants Chris Saunders, Mei Ling Wan aka Meiling Wan, Winsor Academy Inc., and 7th Level Partners, Inc. dba Keller Williams Costa Mesa. The operative First Amended Complaint contains causes of a...

Excerpt: ... IS DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This action arises out of the termination of plaintiff Attila Nistorian's employment with defendant Antelope Valley Nissan, Inc. on May 20, 2019. Plaintiff alleges he was wrongfully terminated in retaliation for reporting various labor code violations, for asking for reasonable accommodations for a non-work-related eye injury, and for taking f...

Excerpt: ...NT'S MOTION TO COMPEL ARBITRATION IS GRANTED. THE ACTION IS STAYED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition, reply, and supplemental opposition. BACKGROUND This is an employment action. On February 19, 2021, Plaintiff Nosaikman Wedderburn sued Defendant Universal Protection Service, LP doing business as Allied Universal Security Services asserting FEHA claims, Labor Code violations, and other related claims. Plainti...

Excerpt: ...AUSES OF ACTION FOR CONVERSION, TRESPASS TO CHATTELS, AND CLAIM AND DELIVERY IS OVERRULED. DEFENDANTS' DEMURRER TO CAUSE OF ACTION FOR INJUNCTIVE RELIEF IS SUSTAINED WITHOUT LEAVE TO AMEND. DEFENDANTS' MOTION TO STRIKE PUNITIVE DAMAGES GRANTED, WITH 20 DAYS LEAVE TO AMEND. DEFENDANT TO GIVE NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On December 18, 2020, Plaintiff Lucky International Technology, Inc. filed a C...

Excerpt: ...ER TO THE FOURTH AND FIFTH CAUSES OF ACTION ARE SUSTAINED WITH 30 DAYS LEAVE TO AMEND. THE MOTION TO STRIKE IS GRANTED WITH LEAVE TO AMEND WITH RESPECT TO PUNITIVE DAMAGES, AND OTHERWISE DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND Plaintiffs Marta C. Ferman and Ezequiel Gonzalez Avila bring this action against Defendant Kia Motors America, Inc. seeking redress for an alleged defective 2018 ...

Excerpt: ...BACKGROUND On December 4, 2017, Plaintiff Yazmin Ortiz sued Rudy Eisler and others, asserting 20 causes of action arising out of an alleged wrongful conviction. On April 4, 2018, Plaintiff filed a first amended complaint, alleging 31 causes of action, including for unlawful eviction, breach of contract, and intentional infliction of emotional distress. On January 18, 2018, the Court ordered Plaintiff to notify all parties of a case management con...

Excerpt: ...YS LEAVE TO AMEND. WARNER BROS.' MOTION TO SEAL IS GRANTED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On November 6, 2020, Plaintiff Moctesuma Esparza filed a complaint against Defendants Netflix, Inc., Warner Bros. Entertainment, Inc., Q-Production, Inc., Abraham Quintanilla, Jr., Suzette Quintanilla, Simran Singh, and Campanario Entertainment, LLC, asserting causes of action for (1) breach of c...

Excerpt: ...ED TO ORANGE COUNTY. DEFENDANT'S REQUEST FOR FEES IS GRANTED IN THE AMOUNT OF $1,760, PAYABLE WITHIN 30 DAYS. DEFENDANT'S REQUEST FOR TRANSFER COSTS TO BE PAID BY PLAINTIFFS IS GRANTED. DEFENDANT TO GIVE NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a lemon law action arising out of Plaintiffs Marilyn Weger and Micah Weger's purchase of a 2013 KIA Sorento, manufactured, distributed, and sold by Defendant ...

Excerpt: ...ION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION IS DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers and opposition. As discussed below, the Court does not consider Plaintiff's “supplemental motion” and accompanying papers filed on June 22, 2021. BACKGROUND On December 31, 2020, Plaintiff 1830 La Cienega LLC filed the operative unlawful detainer first amended complaint (“FAC”) against Defen...

Excerpt: ...n Authority Responding Party: None T/R: PLAINTIFF LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY'S MOTION FOR ORDER FOR PREJUDGMENT POSSESSION AND CERTIFICATION OF TAX INFORMATION IS CONTINUED TO OCTOBER 7, 2021 AT 9:00 AM. PLAINTIFF TO GIVE NOTICE. The Court considers the moving and reply papers. No opposition has been received. BACKGROUND This is an eminent domain action. Plaintiff Los Angeles County Metropolitan Transportation Author...

Excerpt: ...ry Hollendorfer T/R: DEFENDANTS LOS ANGELES TURF CLUB, INC., LOS ANGELES TURF CLUB, II, INC. AND TSG DEVELOPMENTS INVESTMENTS, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. MOVING DEFENDANTS TO GIVE NOTICE. The Court considers the moving, opposition, and reply papers. BACKGROUND Plaintiff Jerry Hollendorfer is a thoroughbred horse trainer. He alleges that on June 22, 2019, Defendants told Plaintiff he was no longer welcome at any TSG fac...

Excerpt: ...debrand, Malibu Life, Inc., Nick Segal, Samuel Kraemer, Gina Kirkpatrick, and Jennifer Chrisman Responding Party: Plaintiff Erik Ludwick T/R: THE DEMURRER AS TO DEFENDANT PACIFIC UNION IS SUSTANIED WITHOUT LEAVE TO AMEND. THE DEMURRER AS TO DEFEDANTS SEGAL AND KRAEMER IS OVERRULED. THE DEMURRER TO THE FIRST CAUSE OF ACTION IS SUSTAINED WITHOUT LEAVE TO AMEND. THE DEMURER TO THE SEVENTH CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. THE DEMURER...

Excerpt: ...he Court considers the moving papers, opposition and reply. BACKGROUND On November 1, 2019, Plaintiff Omaya Ismail sued Defendants eCivis, Inc., James Ha, Kirk Fernandez and Pepper Fernandez, asserting causes of action for (1) fraud; and (2) breach of fiduciary duty. Plaintiff is the former CEO and later minority shareholder of eCivis. Plaintiff alleges that Defendants engaged in fraud and breached their fiduciary duties to Plaintiff by diluting ...

Excerpt: ... continue the hearing to allow Plaintiff to take jurisdictional discovery. Moving Defendants to notice. The Court considers the moving papers, opposition and reply. BACKGROUND In the operative First Amended Complaint, Plaintiff Melissa Pellone sues Defendants Ryan Crosby, Crosby Insurance and Financial Services, Mirzakhanyan Insurance Agency, Inc., State Farm Mutual Automobile Insurance, alleging (1) professional negligence, and (2) reformation o...

Excerpt: ...alf of Kansan International, Inc. T/R: DEFENDANT CHINESE INTERNATIONAL, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED WITH 30 DAY LEAVE TO AMEND. DEFENDANT CHINESE INTERNATIONAL, INC. TO GIVE NOTICE. The Court considers the moving, opposition, and reply. BACKGROUND This is a shareholder derivative action brought by Plaintiff Weichou Huang on behalf of Kasan Inernational, Incagainst its officer and director, Defendant Xiangjie Zhou aka Jo...

Excerpt: ... ENTRY OF JUDGMENT IS DENIED. PLAINTIFF TO GIVE NOTICE. The Court considers the moving papers. No opposition has been received. BACKGROUND This is a PAGA action. Plaintiff Nelson Ochoa alleges he was employed by Defendants Supra National Express, Inc. and Daniel Linares as a truck driver from January 25, 2016 to May 6, 2017. Plaintiff alleges Defendants violated various Labor Code provisions by misclassifying him as an independent contractor, fai...

Excerpt: ...t CHA Hollywood Medical Center, L.P. dba Hollywood Presbyterian Medical Center Responding Party: Plaintiff Gabriel L. Roman, individually and as Successor-in-Interest to Decedent Venera V. Roman T/R: DEFENDANT'S DEMURRER TO THE FIRST AND SECOND CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. THE MOTION TO STRIKE IS DENIED. PLAINTIFF TO FILE AND SERVE A THIRD AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RE...

Excerpt: ...ctions are imposed in the amount of $5513. Issue and evidentiary sanctions are denied. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND Plaintiff Paul Van Kleef, individually and derivatively on behalf of Clean Concept, LLC, filed a Complaint on August 9, 2019. Plaintiff filed the First Amended Complaint (“FAC”) on September 17, 2019, and a Supplemental Complaint to the FAC on June 4, 2021. The FAC ...

Excerpt: ...USE OF ACTION FOR CIVIL RIGHTS VIOLATION, SEXUAL ASSAULT, DISCRIMINATION, ELDER ABUSE, AND SUSTAINED WITH 30 DAYS LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND THIRD CAUSE OF ACTION FOR ELDER ABUSE. DEFENDANT'S MOTION TO STRIKE IS GRANTED WITHOUT LEAVE TO AMEND AS TO THE REQUESTS FOR PUNITIVE DAMAGES AND PREJUDGMENT INTEREST, GRANTED WITH 30 DAYS LEAVE TO AMEND AS TO THE REQUEST FOR ATTORNEY'S ...

Excerpt: ...OR SUMMARY JUDGMENT IS GRANTED. DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition[1] and reply. BACKGROUND On June 18, 2019, Plaintiffs Richard W. Knight and Arthur R. Woodward filed the operative first amended complaint against Defendants Leonard H. Smith and LHS Accountancy Corp., asserting causes of action for (1) accounting malpractice; (2) fraud; (3) negligent misrepresentation; and (4) breach of fiduciary duty. Smith, ...

Excerpt: ...thern California Permanente Medical Group T/R: PLAINTIFF'S MOTIONS FOR NEW TRIAL ARE DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On February 23, 2018, Plaintiff Edward Sermino filed a complaint against Defendants The Permanente Medical Group, Inc. (“TPMG”) and Southern California Permanente Medical Group dba Kaiser Permanente (“SCPMG”), asserting causes of action for (1) wrongful te...

Excerpt: ...TAINED WITH LEAVE TO AMEND. THE MOTION TO STRIKE IS MOOT. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a lemon law action arising out of the lease of a 2013 Kia Optima manufactured and distributed by Defendant Kia Motors America, Inc. Pl...

Excerpt: ...AINT IS GRANTED. FUENTES' REQUEST TO DISMISS THE ENTIRE ACTION IS DENIED. ARRENDANDO TO NOTICE. The Court considers the moving papers, opposition, reply and supplemental briefing. BACKGROUND On July 17, 2019, Plaintiff Ricardo Arrendando filed a complaint for legal malpractice against Defendant Ruben Fuentes. On November 22, 2019, Fuentes filed a cross-complaint against Arrendando for unpaid fees. On August 6, 2020, Arrendando dismissed the compl...

Excerpt: ...Drissi Advertising, Inc. T/R: PLAINTIFFS' MOTION TO COMPEL IS DENIED WITHOUT PREJUDICE. DEFENDANTS' MOTION TO COMPEL IS DENIED WITHOUT PREJUDICE. PLAINTIFFS TO NOTICE. The Court considers the moving and opposition papers. BACKGROUND This action arises out of a dispute among five members of a motion graphics company, Monkey Closet, LLC, previously known as Gortsby, LLC. The current members of Monkey Closet are Plaintiffs/Cross-Defendants Raphael G...

Excerpt: ...ANTS TO NOTICE. The Court considers the moving papers, opposition and reply. Defendant moves to set aside default judgment pursuant to CCP §§ 473(b) and (d) and the Court's inherent powers. Default was entered against Defendant on October 8, 2019; default judgment was entered on June 1, 2020. The underlying complaint asserts Defendant's website was not accessible per the ADA. While Defendant's motion based on statutory grounds is untimely, Defe...

Excerpt: ...HE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE AN ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On May 13, 2019, Plaintiff Linda Schermer, in her individual capacity and capacity as trustees of various trusts, sued Defendants HFL Law Group, APC and James C. Fedalen asserting causes of action for (1) legal ...

Excerpt: ... considers the moving papers, opposition and reply. BACKGROUND In 2005 and 2006, Plaintiff Cathleen Godzik was involved in litigation with her neighbors, Beason and Kuebler, regarding Godzik's driveway and easement onto the neighbors' property. Godzik and the neighbors entered into a settlement agreement in which Godzik agreed to complete construction work on her driveway/easement within 18 months of the settlement. Godzik did not do so until 10 ...

Excerpt: ...ON IS STAYED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is an employment action. On February 19, 2021, Plaintiff Nosaikman Wedderburn filed a complaint against Defendant Universal Protection Service LP, asserting causes of action for sexual orientation discrimination, retaliation, wrongful termination in violation of public policy and Labor Code violations. EVIDENCE OBJECTIONS Plaintiff's ob...

Excerpt: ... moving papers and opposition. BACKGROUND On July 13, 2020 Plaintiffs Rich Center for Prosperity, Ervin Simonet and Ivan Simonet sued Brenda Marshall, asserting causes of action for (1) conversion; (2) compensatory relief; and (3) intentional infliction of emotional distress. Plaintiffs allege that following Plaintiffs' eviction, Defendant would not permit Plaintiffs to recover their personal property. ANALYSIS In ruling on a special motion to st...

Excerpt: ...DEMURRERS ARE OVERRULED. DEFENDANTS' MOTIONS TO STRIKE ARE DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 15 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE. The court considers the moving papers. No opposition has been received. BACKGROUND On January 24, 2020, Plaintiff Inheritor Cell Technology (USA), Inc. sued Defendants Agapecord, LLC, Jan Chen aka Jan Chen Cross, and Xiangchan Chen aka Kiki Chen, asserting ...

Excerpt: ...UNT OF $26,390.65. DEFENDANT TO NOTICE. The Court considers the moving papers and opposition. BACKGROUND On December 21, 2020, Plaintiff Cynthia Beck filed the operative first amended complaint against Defendants Los Angeles County Sherriff's Department, et al., asserting causes of action for (1) trespass; (2) private nuisance; (3) conversion; (4) arson; (5) civil harassment; (6) negligence; (7) promissory estoppel; and (8) declaratory and injunc...

Excerpt: ...Dixie Riverside, Inc. and Alligator Beverage, LLC T/R: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On September 11, 2019, Plaintiffs Carolina Beverage Corporation, Dixie Riverside, Inc. and Alligator Beverage, LLC sued Defendant Fiji Water Company, LLC, asserting causes of action for breach of ...

Excerpt: ...TO QUASH SERVICE OF SUMMONS AS TO NONRESIDENT PLAINTIFFS IS GRANTED. PLAINTIFFS TO NOTICE. The Court considers the moving papers, opposition and replies. BACKGROUND On September 10, 2020, Plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed- Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Mair, James Nakashian, Alan Roseman, Alfredo Vega and Randy Walker sued Defenda...

Excerpt: ... REQUEST FOR ATTORNEY'S FEES AGAINST PLAINTIFF'S COUNSEL. PLAINTIFF TO NOTICE. On April 27, 2021, the Court adopted the tentative ruling set forth below and, among other matters, reconsidered its prior order on its own motion and tentatively denied Defendant's request for attorney's fees against Plaintiff's counsel. The Court gave Defendant an opportunity to file an opposition concerning the Court's tentative ruling on this issue. On May 13, 2021...

Excerpt: ...ons) T/R: PLAINTIFF'S MOTION TO CONFIRM ARBITRATION AWARD IS GRANTED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. (CCP § 1285.) Plaintiff has complied with CCP § 1285.4: Plaintiff has attached a copy of the arbitration agreement, set forth the name of the arbitrator, Hon. Victor Kenton...

Excerpt: ...E TO FILE AND SERVE OPENING BRIEFS ON THE ISSUE DISCUSSED BELOW, NOT TO EXCEED 10 PAGES, BY JUNE 11, 2021. THE PARTIES MAY SERVE RESPONSIVE BRIEFS, NOT TO EXCEED 7 PAGES, BY JUNE 25, 2021. RESPONDENT TO NOTICE. The Court considers the moving papers, opposition and reply. On February 18, 2021, Petitioner filed a petition to confirm an arbitration award after an uninsured motorist (UIM) arbitration. On February 19, 2021, Petitioner filed a memorand...

Excerpt: ...sponding Party: Defendant Fiji Water Company, LLC T/R: PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED. PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On September 11, 2019, Plaintiffs Carolina Beverage Corporation, Dixie Riverside, Inc. and Alligator Beverage, LLC sued Defendant Fiji Water Company, LLC, asserting causes of action for breach of ...

Excerpt: ... ACTION IS SUSTAINED WITH LEAVE TO AMEND. HELIX'S DEMURRER TO THE THIRD CAUSE OF ACTION IS OVERRULED. BELCO TO FILE AND SERVE A FOURTH AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. HELIX TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. HELIX TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This action arises out of the construction of the federal courthouse. On March 5, 2021, Elecnor Belco, Inc. fi...

Excerpt: ...TO STRIKE IS DENIED. DEFENDANT TO FILE AND SERVE AN ANSWER TO PLAINTIFF'S COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On July 20, 2020, Plaintiff Scott Dibble filed the operative first amended complaint against Defendant City of Beverly Hills, asserting causes of action for (1) harassment/hostile work environment; (2) discrimination; (3) failure to acco...

Excerpt: ...FFS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On March 2, 2020, Plaintiff Edward Lyman III filed the operative first amended complaint against Defendants Walzer Melcher LLP, Peter Walzer, Christopher Melcher, asserting thirteen causes of action including wrongful termination, retaliation, breach of contract and PAGA claims. Plaintiff was employed as an attorney by Defendant law firm Walzer Melcher LLP. On ...

Excerpt: ... AGREEMENT. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On November 23, 2020, Plaintiff Reyna Hales sued Defendant South Pasadena Care Center, LLC, asserting eighteen causes of action for FEHA violations, wage and hour violations, whistleblower retaliation and wrongful termination. ANALYSIS “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitr...

Excerpt: ...tington Drive Health and Rehabilitation Center and Cambridge Healthcare Services LLC Responding Party: Plaintiffs Nicola Ross Mitchell, individually and as Successor-in- Interest to Mildred Henry, Herman Ross and Angelo Ross. T/R: DEFENDANTS' DEMURRER IS OVERRULED IN ITS ENTIRETY. DEFENDANTS' MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE AN ANSWER(S) TO PLAINTIFFS' COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFFS TO NOTICE. The...

Excerpt: ...esponding Party: Plaintiff Rosalinda Stuart, individually and as Successor-in-Interest to Marylou Freer T/R: DEFENDANT'S DEMURRER TO THE FIRST CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. PLAINTIFF TO FILE AND SERVE A FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANT TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On July ...

Excerpt: ...ED. ARRENDANDO TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On July 17, 2019, Plaintiff Ricardo Arrendando sued Defendant Ruben Fuentes for legal malpractice. On November 22, 2019, Fuentes filed a cross-complaint against Arrendando for unpaid fees. On August 6, 2020, Arrendando dismissed the complaint against Fuentes. On February 25, 2021, the Court denied Arrendando's motion to set aside the dismissal in the...

Excerpt: ...FF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On October 9, 2020, Plaintiff David Vorobiev filed the operative complaint for malicious prosecution against Defendants Eric Wolf, Robert J. Hudock, Esq. and Hudock Employment Law Group, APC. This case arises from a lawsuit involving a contentious, tangled web of disputes among homeowners and their homeowners' association. On October 5, 2017, Wolf, represented b...

Excerpt: ...liver Napoles T/R: DEFENDANTS' DEMURRER IS OVERRULED. DEFENDANTS TO FILE AND SERVE AN ANSWER WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFFS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On August 31, 2020, Plaintiffs Jesus Napoles, Dinora Napoles, Jesse Napoles, Maximilliano Napoles, and Oliver Napoles filed the operative first amended complaint against Defendants Venkata Donthineni and Parvathi Donthineni, as...

Excerpt: ...ENDAR. DEFENDANT TO NOTICE. The Court considers the moving papers and opposition. BACKGROUND On July 13, 2020 Plaintiffs Rich Center for Prosperity, Ervin Simonet and Ivan Simonet filed a complaint against Brenda Marshall, asserting causes of action for (1) conversion; (2) compensatory relief; and (3) intentional infliction of emotional distress. Plaintiffs allege that Defendant would not permit Plaintiffs to recover their personal property follo...

Excerpt: ...FENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is an employment action. On September 25, 2020, Plaintiff Filomeno Monteon sued Defendant The Palos Verdes Golf Club, asserting causes of action for age discrimination, retaliation and wrongful termination in violation of public policy. EVIDENCE OBJECTIONS Plaintiff's objections to the declaration of Crystal Ramos are OVERRULED. ANALYSIS “On petition...

Excerpt: ...OTION, RECONSIDERS THE PRIOR ORDER AND TENTATIVELY DENIES DEFENDANT'S REQUEST FOR ATTORNEY'S FEES AGAINST PLAINTIFF'S COUNSEL. IF EITHER PARTY WISHES TO CONTEST THE COURT'S MOTION, THE HEARING ON THE COURT'S MOTION IS SET FOR MAY 28, 2021 AT 9:00 AM. ANY BRIEFING FROM DEFENDANT, NOT TO EXCEED 10 PAGES, MUST BE FILED AND SERVED BY MAY 14, 2021. ANY RESPONSE FROM PLAINTIFF, NOT TO EXCEED 10 PAGES, MUST BE FILED AND SERVED BY MAY 21, 2021. PLAINTIFF...

Excerpt: ...ane and the Estate of Max Azria T/R: PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL COMPLAINT IS GRANTED. PLAINTIFF'S MOTION TO SUBSTITUTE PERSONAL REPRESENTATIVE IS GRANTED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On September 17, 2019, Plaintiff Paul Van Kleef filed the operative first amended complaint against Defendants Clean Concept, LLC, the Estate of Max Azria, Yasmine Hanane, Rober...

Excerpt: ... REQUESTS FOR ADMISSION ARE CONCLUSIVELY ESTABLISHED AGAINST VERNER. CHLA'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES FROM VERNER IS GRANTED. VERNER TO PROVIDE RESPONSES TO FORM INTERROGATORIES, WITHOUT OBJECTION, WITHIN 30 DAYS OF NOTICE OF RULING. CHLA'S MOTION TO COMPEL MENTAL EXAM OF VERNER IS GRANTED. CHLA'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES FROM J.V IS TAKEN OFF CALENDAR. RIVERSIDE'S MOTION TO COMPEL RES...

Excerpt: ...laintiffs Shilo Mission Baptist Church, Inc., Barbara Wells, Tim Bell, Elnora Sims, Jeweline Johnson and Orita Murray T/R: DEFENDANTS TRINITY IN HIS HOUSE FOUNDATION #1, INC., WENDELL DAVIS' MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO THE FIRST, THIRD AND SIXTH CAUSES OF ACTION IS GRANTED. THE MOTION IS DENIED AS TO THE REMAINING CAUSES OF ACTION. DEFENDANT PRIORITY'S DEMURRER AS TO THE FIRST, THIRD, AND EIGHTH CAUSES OF ACTION IS SUSTA...

Excerpt: ...OTECTIVE ORDER IS DENIED. DEFENDANT'S MOTION TO SEAL IS DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers and opposition. BACKGROUND On September 11, 2019, Plaintiffs Carolina Beverage Corporation, Dixie Riverside, Inc. and Alligator Beverage, LLC sued Defendant Fiji Water Company, LLC, asserting causes of action for breach of contract, breach of the covenant of good faith and fair dealing, concealment, false promise and violatio...

Excerpt: ... successor in interest, Hatti Calloway Responding Party: Defendants B-San Diego, LLC dba Brighton Place San Diego and Shlomo Rechnitz T/R: PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION OF BRIGHTON'S 19TH AND 22ND AFFIRMATIVE DEFENSES IS DENIED. PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION OF BRIGHTON'S REMAINING SUBJECT AFFIRMATIVE DEFENSES IS GRANTED. PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION OF RECHNITZ' 19TH AND 22ND AFFIRMATIVE DEFENSES IS DEN...

Excerpt: ...e its objection under CCP § 2025.620 to the use at trial of the first deposition of Bryan Kennebrew, but Defendant would preserve its evidentiary objections to individual questions and answers in that deposition. The Court continued the motion to permit the parties to memorialize this in writing. The Court has not seen such a writing. The Court re-posts its March 18, 2021 tentative ruling. * * * The Court considers the moving papers, opposition ...

Excerpt: ...URRER TO THE TENTH CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DIGHTON'S DEMURRER TO THE REMAINING CAUSES OF ACTION IS OVERRULED. PLAINTIFF TO FILE AND SERVE A THIRD AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. The Court considers the moving papers[1], opposition and reply. BACKGROUND On August 26, 2019, Plaintiff Ziad Alhassen filed a complain...

Excerpt: ...CAUSED OTHERS TO COMMIT WRONGFUL ACTS. YOZURA TO NOTICE. The Court considers the moving papers, opposition[1] and reply.[2] BACKGROUND On December 21, 2020, Plaintiff Cynthia Beck filed the operative first amended complaint against Defendants Los Angeles County Sherriff's Department, et al., asserting causes of action for (1) trespass; (2) private nuisance; (3) conversion; (4) arson; (5) civil harassment; (6) negligence; (7) promissory estoppel; ...

Excerpt: ...BITRATION IS GRANTED. THE ACTION IS STAYED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a lemon law action arising out of the lease by Plaintiffs Benjamin Rostami, Nejat Rostami and San Judas Medical Group West of a 2018 BMW 540i, manufactured and distributed by Defendant BMW of North America, LLC. Plaintiff filed the complaint on February 13, 2020 and asserts causes of action for violation...

Excerpt: ... JUDGMENT IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On May 14, 2020, Plaintiff Goodland Partners, LLC filed a complaint against Defendant Stone Group I, LLC dba Archstone Distribution, asserting one cause of action for breach of contract. Plaintiff alleges Plaintiff and Defendant entered into an agreement for Defendant to distribute Plaintiff's film. The agreement provided that the fir...

Excerpt: ...azo T/R: DEFENDANTS' DEMURRER TO THE SECOND AND THIRD CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANT'S DEMURRER TO THE FIRST AND FOURTH CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS DENIED. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. The Court considers the moving papers and opposition. BA...

Excerpt: ... Responding Party: Defendant County of Los Angeles T/R: PLAINTIFF'S MOTION FOR RECONSIDERATION IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. A non-prevailing party may make a motion to reconsider an order and enter a different one when the motion is: (1) brought before the same judge or court that made the order sought to be reconsidered; (2) made within 10 days after service on the party of the noti...

Excerpt: ...ATION IS GRANTED. THE ACTION IS STAYED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is an employment action. On August 26, 2020, Plaintiff Jose Sandoval filed a complaint against Defendant Wayne Provision Co., Inc. dba Premier Meat Company for Labor Code violations. ANALYSIS “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a contr...

Excerpt: ...FOR SUMMARY JUDGMENT IS DENIED. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION OF THE FIFTH CAUSE OF ACTION AND CLAIM FOR ATTORNEY'S FEES IS DENIED. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION OF THE FOURTH CAUSE OF ACTION IS GRANTED. DEFENDANT TO GIVE NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a bad faith insurance action arising out of a claim for losses caused by wildfire. On November 19, 2018, Plainti...

Excerpt: ...ED PENDING THE DECISION OF THE LABOR COMMISSIONER. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. This action involves a dispute between a talent agency and its former client. Plaintiff Don Buchwald & Associates, Inc. Pacific alleges Defendant Omar Benson Miller failed to pay Plaintiff a 10% commission for acting work in violation of their oral talent agreement. Defendant demurs to the complaint on several groun...

Excerpt: ...EFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFENDANTS' MOTION FOR SUMMARY ADJUDICATION IS DENIED. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On November 1, 2019, Plaintiff Omaya Ismail sued Defendants eCivis, Inc., James Ha, Kirk Fernandez and Pepper Fernandez, asserting causes of action for (1) fraud; and (2) breach of fiduciary duty. Plaintiff is the former CEO and later minority sharehol...

Excerpt: ...E FOURTH CAUSE OF ACTION IS SUSTAINED WITHOUT LEAVE TO AMEND. THE MOTION TO STRIKE IS MOOT. DEFENDANT TO FILE AND SERVE AN ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT WITHIN 20 DAYS OF NOTICE OF RULING. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a lemon law action arising out of the purchase of a 2017 Nissan Altima manufactured and distributed by Defendant Nissan North America, Inc. Pla...

Excerpt: ...R TO THE SIXTH CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANT'S DEMURRER TO THE REMAINING CAUSES OF ACTION IS OVERRULED. PLAINTIFFS TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On June 9, 2020, Plaintiffs Jui-Wei (Irene) Chiang Lin and Chi ...

Excerpt: ...; (2) Defendant The Permanente Medical Group, Inc. T/R: DEFENDANT'S MOTION FOR ATTORNEY'S FEES IS DENIED. PLAINTIFF'S MOTION TO TAX COSTS IS GRANTED. PLAINTIFF TO GIVE NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On February 23, 2018, Plaintiff Edward Sermino filed a complaint against Defendants The Permanente Group, Inc. and Southern California Permanente Medical Group dba Kaiser Permanente (“SCPMG”), asser...

Excerpt: ...NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On December 31, 2019, Clean Concept, LLC, HBG Steel, LLC and HBG Construction Corp. filed a complaint against Yasmine Hanane and Mark Curtis, asserting causes of action for (1) breach of fiduciary duty; (2) constructive fraud; (3) declaratory relief; and (4) declaratory relief. Plaintiffs allege that Defendants, who acted as executives of the Plaintiff companies, embe...

Excerpt: ..., LLC and Bedrock Protection Agency Responding Party: (1) Plaintiffs Robert Lamm and Benjamin Beckes; (2) None T/R: DEFENDANTS' DEMURRER IS OVERRULED IN ITS ENTIRETY. DEFENDANTS' MOTION TO QUASH IS DENIED AS MOOT. PLAINTIFFS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On October 19, 2020, Plaintiffs Robert Lamm and Benjamin Beckes filed the operative second amended complaint against Defendants Bedrock Protec...

Excerpt: ... TO THE SECOND, THIRD AND SIXTH CAUSES OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANTS' DEMURRER TO THE FOURTH, FIFTH AND SEVENTH CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS GRANTED IN PART AN DENIED IN PART. THE PRAYER FOR PUNITIVE DAMAGES IS STRICKEN. PLAINTIFFS TO FILE AND SERVE A THIRD AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE A RESPONSE WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE...

Excerpt: ...ntiff Diana Gavilanes brought this action against her employer Defendant Bellflower Unified School District. The operative complaint alleges she worked as a security guard for the District for 23 years. Plaintiff went on medical leave after she injured her right shoulder and neck while breaking up a fight between two students on March 17, 2015. On February 8, 2016, Plaintiff's personal physician released her back to work with no restrictions. How...

Excerpt: ... Sondhu Family Trust; Rajinder Kaur Sondhu, in his individual capacity and his capacity as trustee of the Sondhu Family Trust T/R: CROSS-COMPLAINANTS' MOTION FOR SUMMARY ADJUDICATION IS DENIED. CROSS-DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND & STATEMENT OF FACTS This is a landlord-tenant action. On May 4, 2018, B.S. Sondhu filed a complaint against Gilberto Tello and Martha Tello for breach of c...

Excerpt: ...ant CHA Hollywood Medical Center, L.P. dba Hollywood Presbyterian Medical Center Responding Party: Plaintiff Gabriel L. Roman, individually and as Successor-in-Interest to Venera V. Roman T/R: DEFENDANT'S DEMURRER TO THE FIRST CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND. DEFENDANT'S DEMURRER TO THE SECOND AND THIRD CAUSES OF ACTION IS OVERRULED. THE MOTION TO STRIKE IS MOOT. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DA...

Excerpt: ... Plaintiff alleged defendant refused to provide P.H. with services for her disability. Plaintiff alleges that in retaliation for Plaintiff's complaint filed with the Office of Administrative Hearing, contending that Defendant unlawfully denied P.H. with benefits, Plaintiff was not re-elected to her position. Plaintiff alleges one cause of action for retaliation for whistleblowing activities in violation of Labor Code sec 1102.5. On 12/29/29, the ...

Excerpt: ...ng private account‐holder information is stayed for 60 days. If Mitchell and Belle have not initiated proceedings to obtain a protective order within 60 days, Defendant is ordered to produce all documents as directed by this order by May 28, 2021. The parties are ordered to meet and confer regarding a stipulated confidentiality order and to present it to the court within 15 days of the date of this order. Defendant is also ordered to provide co...

Excerpt: ...DGMENT IS DENIED. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION OF THE SECOND CAUSE OF ACTION IS DENIED. DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION OF THE THIRD AND FOURTH CAUSES OF ACTION IS GRANTED. DEFENDANT TO GIVE NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On May 31, 2019, Plaintiff Gayle Butler filed the operative first amended complaint against Defendants LA Care Health Plan and Yana Paulson, asserting c...

Excerpt: ...nc.; Art, Commerce and Manufacturing Solutions LLC; Apex Real Estate Management LLC T/R: THE MOTION TO DISQUALIFY COUNSEL IS DENIED. DEFENDANTS TO NOTICE. The Court considers the moving papers, opposition and reply. [1] BACKGROUND On May 24, 2018, Plaintiffs Standard General L.P., Standard General Master Fund, L.P., P Standard General LTD filed the operative first amended complaint against Defendants Dov Charney, Los Angeles Apparel Inc., Art Com...

Excerpt: ...019, she was sexually assaulted by her physician, Defendant Adetokunbo Kamson, who, at the time of the alleged assault was employed and supervised by, among others, Defendants Central Neighborhood Health Foundation (“CNHF”) and Abdoulaye Diop (Doe 1) (“A. Diop”). Kamson is generally alleged to have been the agent of CNHF and A. Diop. Plaintiff alleges that she had gone to Kamson's place of employment on the date in question to discuss a p...

Excerpt: ...ENDANT TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND This is a lemon law action arising out of Plaintiff Araceli Barraguete's purchase of a 2011 Jeep Liberty from Defendant Hilltop Chrysler Jeep Dodge Ram. The vehicle was manufactured and distributed by Defendant FCA US LLC. Plaintiff asserts causes of action for violation of the Song-Beverly Act and fraudulent concealment. On February 18, 2021, Plaintiff dism...

Excerpt: ...ouck Lee, JWDA-MS Architects/JWDA Inc. and Michael Cheng Sun Responding Party: Plaintiff Cal Garden, LLC T/R: DEFENDANTS' MOTIONS ARE DENIED. PLAINTIFF'S REQUESTS FOR SANCTIONS ARE GRANTED. PLAINTIFF TO NOTICE. The Court considers the moving papers and opposition. BACKGROUND This is a construction defect case arising out of the construction of condominium complex and its subterranean garage. The owners of adjoining property to the complex, claim ...

Excerpt: ...e court considers the moving papers, opposition and reply. BACKGROUND Plaintiff Anitra Simmons filed this action on April 27, 2016 against Defendants Amusement Foods, Inc. and Shoreline Foods, Inc. Plaintiff filed a first amended complaint on September 14, 2017. On December 20, 2019, Plaintiff accepted Defendant Amusement Foods' CCP § 998 offer to compromise for $10,501.00 plus reasonable attorney's fees and costs. On December 23, 2019, Plaintif...

Excerpt: ... JUDMGENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION IS DENIED. DEFENDANT TO NOTICE. The Court considers the moving papers, opposition, reply and supplemental papers.[1] BACKGROUND On January 12, 2018, Plaintiff Crisanta Abogado sued Defendants Advance Home Care Services, Inc., Diana Jucal and Robert Galen, asserting causes of action for (1) wage theft in violation of the Domestic Worker Bill of Rights; (2) failure to pay minimum wages in violati...

Excerpt: ...neh Aminian Responding Party: Defendants Uber Technologies, Inc. and Raiser-CA LLC T/R: PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION IS DENIED. DEFENDANTS TO GIVE NOTICE. The court considers the moving papers, opposition and reply. BACKGROUND This action is a collection of actions arising out of a two-car motor vehicle accident which occurred on March 3, 2018. There have been several complaints and cross-complaints. The instant motion arises out o...

Excerpt: ..., opposition and reply. BACKGROUND On March 13, 2020, Plaintiff John Dal Santo filed a complaint against Defendants Hieu-Hoa Nguyen, Irene Urias, Kat Wenzel, Emma Brown, Ashley Aoki, Alessa Castillo, and Glenna Fitch for (1) defamation per se, (2) libel per se, and (3) intentional infliction of emotional distress. According to the complaint, Plaintiff is an international DJ and promoter and producer for Soft Leather, a weekly musical event. (Comp...

Excerpt: ...s the moving papers, opposition and reply. As the motion is fully briefed, the Court advances the hearing on the motion to February 25, 2021. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a ...

Excerpt: ...do, in his role as Receiver for Universal City Nissan, Inc., Glendale Nissan/Infinity, Inc. and West Covina Nissan, LLC Responding Party: Defendant Nissan North America, Inc. T/R: PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES IS GRANTED IN PART AND DENIED IN PART. DEFENDANT TO SERVE FURTHER RESPONSE TO RPD NO. 25 WITHIN 30 DAYS OF NOTICE OF RULING. PLAINTIFF TO NOTICE. The Court considers the moving papers, opposition and reply. BACKGROUND On De...

Excerpt: ...R RESPONSES ARE GRANTED. PLAINTIFF TO SERVE FURTHER RESPONSES, WITHOUT OBJECTION, TO THE SUBJECT DISCOVERY WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS' REQUESTS FOR SANCTIONS ARE GRANTED IN THE REDUCED AMOUNT OF $3,561.50. DEFENDANTS TO NOTICE. The Court considers the moving papers. No opposition has been received. BACKGROUND On July 16, 2020, Plaintiff Hangzhou Charming Textile Co. LTD. filed a complaint against Defendants Avitex, Inc. fka Ve...

Excerpt: ...artment employed by Defendant County of Los Angeles (“COLA”). Barajas and Ingersoll were trying to apprehend unrelated suspects in a vehicle pursuit. Rickie was 65 years old. The operative First Amended Complaint contains three causes of action against Barajas, Ingersoll, and COLA for (1) battery, (2) negligence, and (3) violation of Civil Code section 52.1 (the “Bane Act”). The FAC alleges that Barajas and Ingersoll tried to make a traff...

Excerpt: ...operty on a month‐to‐month tenancy for $1,250 a month. On May 6, 2020, Plaintiff served Defendant with a 3‐day notice to pay rent or quit. At the time the notice was served, Defendant was behind in rent for two months for the total amount of $2,500. Before the Court is Defendant's motion for summary judgment. It is unopposed. For the reasons set forth below, the Court grants the motion. II. Standard A “motion for summary judgment shall be...

Excerpt: ...operty. Plaintiffs allegedly suffered from Defendant's neglect of the Property. The Complaint alleges the following causes of action: (1) Negligence, (2) Breach of Warranty of Habitability, (3) Breach of Covenant of Quiet Enjoyment, (4) Premises Liability, (5) Nuisance, and (6) Intentional Infliction of Emotional Distress. Before the Court is Defendant's demurrer. Plaintiffs oppose. For the reasons set forth below, the Court overrules the demurre...

Excerpt: ...n d.b.a Valley Farm Transport ("Transport"), Gaelco Leasing, Inc., a California Corporation ("Gaelco"), Delta Valley Logistics, LLC ("Delta"), Nickrum Holdings, Inc., a California Corporation ("Nickrum"), and Ryder Truck Rental LT ("Ryder" and collectively, "Defendants"), alleging that Plaintiff was injured in a motor vehicle accident as a result of Defendants' negligence. Plaintiffs filed a Complaint on May 20, 2019 alleging a single cause of ac...

Excerpt: ... pull Plaintiff's chassis from the chassis pools at California ports. Plaintiff alleges that Defendant DCW Logistics Services, Inc. applied for credit for chassis rentals, used the chassis, but failed to pay for them. On March 10, 2020, Plaintiff brought this action against DCW and Defendants Halil Atamer and Umit Atamer, who are DCW's shareholders, promoters, officers, and directors. On November 3, 2020, DCW, Halil Atamer and Umit Atamer filed a...