Excerpt: ...yees filed the operative First Amended Complaint (“FAC”) against Defendants Unix Construction, Inc. Archipro Construction, Inc. Young Sook Jung; Eui Kyoung Hwang; Ho Tae Seok; and Does 1-20 for (1) failure to pay regular and minimum wages, (2) failure to pay overtime wages, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to provide itemized accurate wage statements, (6) failure to provide employment recor...

Excerpt: ... frivolous objections as it has done. For instance, Defense Objection #1 is to Plaintiff's statement that “I did not sign the At- Will/PreDispute Resolution Agreement. The signature that appears there in the Exhibit A document is a forgery; it is not at all my signature. I sign differently and I have never signed in the manner that appears in that At-Will/PreDispute Resolution Agreement.” (See Defendant's Objections.) Defendant objects on the...

Excerpt: ...P. § 1987(c)) is Denied without prejudice as indicated below. BACKGROUND: Suzanne Ruelas (“Plaintiff”) initiated this suit on May 8, 2020, and filed her operative First Amended Complaint on September 18, 2020. Plaintiff's First Amended Complaint asserts 14 causes of action against defendants City of Baldwin Park; Shannon Yauchzee; Rose Tam; Laura Thomas; Robert Tafoya; Manuel Lozano; Michael Taylor; and Benjamin Martinez. Plaintiff's action ...

Excerpt: ... of summons and DENIES the motion. Defendants are to file an Answer within 30 days. Plaintiff's motion for leave to amend is GRANTED. Plaintiff is ORDERED to file the proposed second amended complaint within 15 days of this order and serve Defendants' counsel by mail. BACKGROUND: This action arises out of the treatment of Plaintiff at the Los Angeles Men's Central Jail by medical providers and deputies. On April 2, 2018, Plaintiff Marcus R. Ellin...

Excerpt: ...taxpayer action (Code of Civil Procedure section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalition comm...

Excerpt: ...ACKGROUND: On May 27, 2021, Plaintiffs Gaia Construction, Inc. and Farzad Farhang filed the operative, verified first amended complaint (“FAC”) against Defendants Younes Abrischamchi, individually and in his capacity as a trustee of the Abrischamchi Trust, Archlaunch LLC, and Setareh Kavosi for (1) breach of contract; (2) constructive trust; (3) breach of contract; (4) specific performance; (5) fraud; (6) promissory estoppel; (7) negligent mi...

Excerpt: ...(“IH4”) (collectively, the “Defendants”). The Complaint asserts the Defendants two causes of action for 1) Violation of Rent Stabilization Ordinance 151.09, and 2) Intentional Infliction of Emotional Distress. Plaintiff served the Defendants with copies of the Summons and Complaint on June 30, 2021. On August 13, 2021, Defendants filed the pending Special Motion To Strike Under C.C.P. § 425.16 (Anti-SLAPP Statute). On August 27, 2021, Pl...

Excerpt: ..., the Court DENIES Plaintiff Daryl White's request for monetary sanctions because the circumstances herein make the imposition of the sanction unjust. (Code Civ. Proc., § 2025.450(g).) BACKGROUND: This action arises out of allegations involving the sale of a defective motor vehicle in violation of the Song-Beverly Consumer Warranty Act (“SBA”). On March 20, 2017, plaintiff Daryl White (“Plaintiff”) bought a 2015 Kia Optima (the “Subjec...

Excerpt: ...e Court is denying this motion to compel arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to FCA US, LLC. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion...

Excerpt: ...Department, and Los Angeles County Sheriff Department on April 28, 2021. Plaintiff's Complaint asserts causes of action for (1) racial profiling; (2) civil rights discrimination; (3) intentional infliction of emotional distress; (4) conspiracy; and (5) retaliation. Plaintiff details the alleged abuse of David Doe Jr., referred to as “Baby B.” in the Complaint, who is believed by Plaintiff to be dead and last seen alive before taken into LAPD ...

Excerpt: ...to the Court. (See, e.g., Demurrer, p. 13:11; Opposition, p. 4:11-15; p. 8:12-14; p. 8:20-22.) BACKGROUND: Plaintiff brings this action to allege that while she was a student at Los Angeles Mission College, Plaintiff's anatomy professor made an inappropriate comment about females and “simultaneously grabbed Plaintiff by the buttocks with his left hand” during class. (FAC, ¶¶ 18-21.) On February 24, 2021, Plaintiff Jaimie Lee Cosme commenced...

Excerpt: ...of Documents Moving Party: Defendant Assurance Learning Academy Resp. Party: None (5) Motion to Compel Deposition of Plaintiff Moving Party: Defendant Assurance Learning Academy Resp. Party: None The Court GRANTS Defendant's motions to deem request for admissions admitted and to compel responses to request for production of documents, special interrogatories, and form interrogatories. The Court GRANTS Defendant's motion to compel deposition of Pl...

Excerpt: ... ‘Wage Order').” (Complaint, ¶ 1.) Plaintiff alleges that “Defendants have violated the rights of Plaintiff and the Aggrieved Employees by, among other things: (1) failing to pay them minimum wages; (2) failing to pay them overtime wages; (3) failing to provide them with legally required meal periods; (4) failing to provide them with legally required rest periods (6) failing to timely pay them earned wages during employment and/or after se...

Excerpt: ...f asserts that “Seizing on temporary tenant closures related to the COVID-19 pandemic, Hugo Boss purported to invoke an early lease-termination right that is available only after six consecutive months of what is known as ‘co-tenancy failure.'” (Id. at ¶ 2.) Plaintiff alleges that “the Center was never in co-tenancy failure for six consecutive months— a fact Westfield proved to Hugo Boss—and therefore Hugo Boss had no right to early ...

Excerpt: ...ntative action against Defendants PMC A&E, Inc. and Jae Wook Jeong for (1) violation of Labor Code §§ 510 and 1194 (minimum wage and overtime); (2) violation of Labor Code §§ 226.7 and 512 (off-duty meal periods); (3) violation of Labor Code §§ 226.7 (off-duty rest periods); (4) violation of Labor Code §§ 226 and 226.3 (wage statements); and (5) violation of Labor Code §§ 201 and 202 (wages upon discharge). On July 16, 2021, Defendant J...

Excerpt: ...uance of: (1) order for sale of dwelling, and (2) order to show cause why order for sale of dwelling should not be made. On November 2, 2020, this case, originally in Department 1, was reassigned to Department 34. On November 9, 2020, Judgment Creditor filed proposed orders for sale of dwelling and to show cause why order for sale of dwelling should not be made, and a request for issuance of order to show cause why order for sale of welling shoul...

Excerpt: ...on March 2, 2020 based on her disability. (SAC, ¶¶ 13-15, 20, 24-25.) On November 6, 2020, Plaintiff Ilanit Ktorza commenced this action and filed a first amended complaint on January 14, 2021 against Defendant ZAG America, LLC for (1) discrimination on account of disability/medical condition (FEHA); (2) retaliation discrimination on account of disability/medical condition (FEHA); (3) failure to reasonably accommodate disability/medical conditi...

Excerpt: ...cy by providing the necessary resources, tools and education, allege that Defendants committed various Labor Code violations against Plaintiffs. (FAC, ¶¶ 20-32.) On June 26, 2020, Plaintiffs Erica Mitchell, Corey McKinley, Marcus Davis, Shavon Garcia, Shawanda Kelly, Richard Spencer, and Kendra Williams commenced this action against Defendants Connections for Women, Inc., Tamika Boyce, Shannon Boyce, and Marie Thomas for (1) failure to pay over...

Excerpt: ...uring her employment, she was raped by her supervisor Isaac on July 8, 2018. (Complaint, ¶¶ 21-24.) Plaintiff alleges that she reported the rape to her employers, but her employers took no action against Isaac and Plaintiff was forced to continue working with him until she left her employment on January 31, 2019. (Id. at ¶ 25.) On April 28, 2020, Plaintiff Alejandra Alejandre Solorio commenced this action against Defendants Service Connection ...

Excerpt: ...tter of MiMedx Group v. Sparrow Fund Management, LP, et al. (Complaint, ¶ 1.) On January 29, 2021, Plaintiff Sparrow Fund Management, LP commence this action against Defendants Wargo French LLP and Sheppard Mullin Richter Hampton LLP for (1) malicious prosecution; (2) intentional interference with prospective economic advantage; and (3) negligent interference with prospective economic advantage. On June 25, 2021, Defendant Mullin Richter Hampton...

Excerpt: ...dants left the plaintiff's joint venture and took the plaintiff's ideas, Churchill script, and research, which were incorporated into the motion picture Darkest Hour. (See FAC, ¶¶ 13-50.) On September 18, 2020, Plaintiff Ben Kaplan commenced this action against Defendants NBCUniversal Media, LLC, Working Title Group LLC, Focus Features LLC, Gary Oldman, Douglas Urbanski, and Jim Osborne for (1) false designation of origin (15 U.S.C. § 1125(a))...

Excerpt: ...ermination. Plaintiff alleges that “after 23-years of loyal service, Sillman was placed on administrative leave on January 24, 2019 because she questioned defendants' pressure that she take a fit for duty examination—an examination which was predicated by her age.” (SAC, ¶¶ 11-12.) On November 27, 2019, Plaintiff Martha Sillman commenced this action against Defendants City of Los Angeles; Personnel Department Medical Services Division; Lo...

Excerpt: ... disclosing that there was a pre-payment penalty. (See FAC, ¶¶ 7-19.) On November 23, 2020 Plaintiff 11240 Playa Court, LLC commenced this action and on June 10, 2021, filed a first amended complaint (“FAC”) against Defendants JP Morgan Chase Bank, N.A. and Anthony S. Gonzales for (1) fraud; (2) constructive fraud; (3) breach of fiduciary duty; (4) negligent misrepresentation; (5) money had and received; (6) accounting; and (7) unfair trade...

Excerpt: ...s and covenants by failing to repair a leak from the roof. (Id. at ¶¶ 8- 10, 15-17.) On May 20, 2020, Plaintiff Hollywood and Ivar, LLC commenced this action against Defendant DWG International, LLC for (1) breach of contract; and (2) wrongful eviction – breach of the covenant of quiet enjoyment. On May 27, 2020, the Court found that the following cases, 20STCV19276 and 20STUD02358, are not related. On September 15, 2020, Defendant DWG Intern...

Excerpt: ...January 3, 2020, Plaintiffs Stephen Glick and Alfred Garcia commenced this action against Defendant City of Los Angeles for (1) discrimination in violation of FEHA; and (2) retaliation in violation of FEHA. On July 14, 2021, Plaintiffs filed the instant motion for production of Pitchess documents. ANALYSIS: I. Motion for Discovery of Police Officer Personnel Records (Pitchess Motion) A. Legal Standard A motion to discover a law enforcement office...

Excerpt: ...es, Inc. dba Nationwide Distributor commenced this action against Defendants Massgenie, Inc., Bruce Wantanabe, Sam Kim, and Dan Devries for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) violation of Business & Professions Code section 17200; (4) fraud; and (5) intentional interference with contractual relations. On January 20, 2021, default was entered against Defendants Massgenie, Inc., Bruce Wantanabe, D...

Excerpt: ...a Wilson commenced this action against Defendants Harvest Farms, Inc., Good Source Solutions, Inc., VForce, Inc., and Diana Torres for (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) declaratory judgment; (6) wrongful termination in violation of public policy; (7) retaliation for disclosing violations of law; (8) failure to pay wages; (9) failure to provide meal and rest...

Excerpt: ...ggrieved employees. (FAC, ¶¶ 7-8.) On October 21, 2019, Plaintiff Monica Quinones commenced this action against Defendants VCA, Inc. and Vicar Operating, Inc. and on February 25, 2020, filed a first amended complaint (“FAC”) for (1) failure to compensate for all hours worked; (2) failure to pay minimum wage; (3) failure to provide accurate itemized wage statements; (4) failure to pay wages owed every pay period; (5) failure to pay wages whe...

Excerpt: ...� 632; and (2) violation of California Invasion of Privacy Act, Cal. Pen. Code § 632.7. On June 8, 2021, the Court reclassified this action to unlimited jurisdiction on its own motion. (06/08/2021.) On July 23, 2021, Defendant filed the instant demurrer to the first cause of action in the FAC. ANALYSIS: I. Demurrer A. Request for Judicial Notice The Court may take judicial notice of: (d) Records of (1) any court of this state or (2) any court of...

Excerpt: ... California (3) Motion Contesting Determination of Good Faith Settlement Moving Party: Defendants Pentecostal Church of God (Joinders by Orange Coast Title Company of Southern California, EJT Holdings, and Sean Thomas) Resp. Party: Plaintiff Good Tidings Baptist Church and Defendant Robert E. Grier The Court SUSTAINS the demurrer with leave to amend. The Court DENIES the motion to strike as moot. The Court DENIES the motion for determination of g...

Excerpt: ...The Court GRANTS Defendants' motion for a protective order with the designation for attorney's eyes and experts only as to the financial information of Defendants Derby Enterprises, LLC, MyMail, Ltd., and MyMail Management, LLC that Plaintiff obtains from the subpoenas. BACKGROUND: “This case arises out of the multiple failures of the Defendants to comply with the requirements of a contract for the procurement of financing and investment that t...

Excerpt: ...NIES Plaintiff's request for sanctions. BACKGROUND: On June 12, 2019, Plaintiff Sung K. Lee filed a complaint against Defendants Young Hwa Methodist Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, for (1) negligence – presumption of negligence; (2) negligence per se – violation of California OSHA; (3) negligence – misclassification of employment status; (4) vicarious liability; and (5) premise l...

Excerpt: ...plaintiff, who was hired by the defendants as a full-time non-exempt construction worker on January 1, 2012, was terminated from his employment on May 29, 2019, without being paid all outstanding wages owed to him. (Complaint, ¶¶ 1-34.) On April 8, 2021, Plaintiff Jorge Siquin commenced this action against Defendants Orangebin, Inc., Yong Hwan Kim, and Andres Lee for (1) discrimination in violation of Government Code section 12940 et seq.; (2) ...

Excerpt: ... by the moving parties would have been insufficient for the Court to have determined a reasonable fee. The documents are redacted to such an extent that it would have been impossible for the Court to determine whether the work performed was necessary or reasonable. As Plaintiff notes in his opposition, the redactions make it impossible “to determine what portion was incurred for unreasonable or unnecessary tasks, duplication of work between the...

Excerpt: ... who are in e-commerce specializing in affordable women's clothing. (FAC, ¶¶ 8-25.) On February 18, 2021, Plaintiff Coalition Apparel, Inc. commenced this action and on March 24, 2021 filed a first amended complaint (“FAC”) against Defendants Made By Johnny Group, Inc., John Jung, and Ji Cheol Park aka Kevin Park for (1) breach of contract; (2) common count – account stated; (3) common count – open book account; (4) fraud and deceit; (5...

Excerpt: ...Tour, Inc.'s retained expert Marvin Pietruszka M.D., J.D. is DENIED. The motion for leave to file a cross-complaint and to continue trial is DENIED. BACKGROUND: Plaintiffs bring this action to allege that their husband and father (the “Decedent”) passed away during a five-day all-inclusive guided bus tour to various U.S National Parks in Arizona and Utah after the Defendants failed to get the Decedent medical attention. (FAC, ¶¶ 12-18.) On ...

Excerpt: ...op. 65 warning signs. The signs are basically useless, because they do not inform Californians of the relative risk that is associated with the exposure. As a Los Angeles Times investigation recently found, “The profusion of warnings stemming from California's landmark consumer safety law has left shoppers over-warned, under-informed and potentially unprotected.” (“You See The Warnings Everywhere. But Does Prop. 65 Really Protect You?” Lo...

Excerpt: ...male. (See e.g., Opp., pp. 3:8-9, “her operative complaint” and “her admission”; 6:1-2, “his complaint” and “his prior medical condition.”) The Court reminds Defendant's counsel that the opposition should include the pronoun that Plaintiff identifies with; it is not considered professional to copy and paste from other actions that are brought by different plaintiffs who may use different pronouns. BACKGROUND: Plaintiff Azar Mohebi...

Excerpt: ... ¶¶ 10-13.) On October 8, 2019, Plaintiffs Destiny Garcia, individually, by and through her guardian ad litem Griselda Nieves, and Griselda Nieves, individually, commenced this action against Defendants Isabel Guillen, Cruizers Express, LLC, and Josephine Lohran for (1) negligence; (2) negligence per se; (3) premises liability; and (4) negligent infliction of emotional distress. On January 17, 2020, Cruizers Express, LLC filed a cross-complaint...

Excerpt: ...hom this motion is directed are all self-represented. The Court is granting this motion, because it is unopposed and because Defendants have met their burden to show that the discovery was served and Plaintiffs did not respond. Nonetheless, the Court is aware that to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App...

Excerpt: ...ettler and trustee, he amended and restated the trust. (Complaint, ¶ 8.) On August 16, 2013, Charles L. Weber died, and San Pasqual Fiduciary Trust Company and Timothy McAdam became successor co-trustees of the trust. (Id. at ¶ 8.) Prior to his Weber's death, he was a partner with Jay De Miranda, Sol Golomb, and Robert Hanisee and a partner in two real estate investments, known as Villa Geneva Ltd. and Villa Vienna Ltd. (Id. at ¶¶ 8-9.) Sol G...

Excerpt: ... to each defendant, i.e., for each motion. (See Gov. Code § 70677(d); see infra, §I(b)(1).) BACKGROUND: This is an action for declaratory relief and abuse of process brought by employers, The Cochran Firm California, against its previous at-will employee Ibiere Seck. Plaintiffs, The Cochran Firm California and Dunn Law, APC dba “The Cochran Firm California,” allege that Ibiere Seck departed the firm as of December 31, 2018, taking certain c...

Excerpt: ...ng this taxpayer action (Code of Civil Procedure section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalit...

Excerpt: ...t. (Although not necessary for its Court's decision on the demurrer, the Court also notes that Plaintiff filed its Case Management Statement on 8/4/2021 – 13 days later than required under California Rules of Court, Rules 3.720- 3.730.) BACKGROUND: This action arises out of a controversy involving real property located at 1826, 1831, and 1835 Palmer Court, Long Beach Blvd., Long Beach, CA 90806. (FAC, ¶ 8.) On September 9, 2020, Plaintiff S&S ...

Excerpt: ...s to strike these phrases from the SAC. Had she done so, the court and its staff would not have had to spend the time analyzing a motion to strike that even plaintiff apparently agrees should be granted. The Court finds that such actions by Plaintiff's counsel do not meet the high standards that are expected of members of the bar. BACKGROUND: Plaintiff, a former graphic designer employee of Defendant who suffers from chronic and severe urinary tr...

Excerpt: ...for (1) breach of contract; (2) promissory estoppel; (3) negligent misrepresentation; and (4) declaratory relief. On March 11, 2021, Plaintiffs filed a notice of lis pendens. On May 11, 2021, the Court (1) granted non-party Setareh Kavosi's ex parte application for leave to intervene and join in Defendant Younes Abrishamchi's ex parte application; (2) denied Defendant Younes Abrishamchi's ex parte application for an order to expunge lis pendens; ...

Excerpt: ... on April 16, 2018. (Complaint, ¶ 12.) On January 29, 2019, Plaintiff Jacqueline Gibson commenced this action for negligence and wrongful death against Defendants Southern California Regional Rail Authority dba Metrolink, National Railroad Passenger Corporation, and Richard Wingfield. On April 24, 2019, the Court found that cases 19STCV02988 and 19STCV03722 are related and designated 19STCV02988 as the lead case. On December 4, 2019, this case w...

Excerpt: ...n production sights. (Complaint, ¶¶ 10, 13-15.) On December 31, 2019, Plaintiff Kristopher Fagan, an individual, both directly and derivatively on behalf of ACFC Enterprises commenced this action against Defendants Justin Hill, Donovan Terranova, and ACFC Enterprises, Inc. for (1) breach of fiduciary duty against Mr. Hill and Mr. Terranova; (2) breach of fiduciary duty against ACFC Enterprises; (3) breach of fiduciary duty, derivatively, agains...

Excerpt: ...t Defendant Elizabeth Yang and on September 22, 2020 filed a verified first amended complaint for (1) defamation per se; (2) defamation per quod; (3) intentional interference with contractual relations; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic relations; (6) intentional infliction of emotional distress; (7) negligence; (8) negligent misrepresentation; (9) intentional mi...

Excerpt: ...g the judicial system as a lottery, and hoping to win the jackpot. Several times during the trial, the Court had to admonish plaintiff's counsel to only present those items for which he had evidentiary support; plaintiff's counsel subsequently withdrew several causes of action. Once again, it appears that plaintiff's counsel is hoping to hit the jackpot – this time on attorney's fees. According to Plaintiff's declaration, approximately $25,000 ...

Excerpt: ...CKGROUND: Plaintiff Jacqueline Gibson, successor in interest to Ernest Gibson, brings this action based on allegations that her husband was hit by a train while crossing a train track on April 16, 2018. (Complaint, ¶ 12.) On January 29, 2019, Plaintiff Jacqueline Gibson commenced this action for negligence and wrongful death against Defendants Southern California Regional Rail Authority dba Metrolink, National Railroad Passenger Corporation, and...

Excerpt: ...eges that her employment as a housing manager with Defendant City of Baldwin Park was wrongfully terminated. (FAC, p. 1:5-6, ¶¶ 9, 11.) On May 8, 2020, Plaintiff Suzanne Ruelas commenced this action against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, and Benjamin Martinez for (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints);...

Excerpt: ...in connection to Plaintiff's real property and businesses. (Complaint, ¶ 15.) On April 12, 2021, Plaintiff James R. Verheyden commenced this action against Defendants Talon Management Group and Jaime Cuevas for (1) breach of agreement; (2) intentional misrepresentation; (3) negligent misrepresentation; and (4) common count: money had and received. On May 25, 2021, Defendants filed an answer to Plaintiff's complaint. On June 6, 2021, Plaintiff fi...

Excerpt: ...d Litem, Joseph Pham Resp. Party: None The petitions to approve compromise of disputed claim are GRANTED. BACKGROUND: “This action for personal injuries, and also wrongful death, arising out of the death of YNHI TRAN, deceased, is brought pursuant to Code of Civil Procedure Section 377.60(a), by Plaintiffs MICHAEL PHAM, as the decedent's surviving spouse, and by Plaintiffs MATTHEW PHAM DUY THIEN, and ADYIN PHAM, as the decedent's surviving chil...

Excerpt: ... section 526a) seeking declaratory relief to prevent the alleged wasteful, unlawful, and unconstitutional law enforcement policies, by which the California Highway Patrol (“CHP”) allegedly routinely seizes vehicles without a warrant or an exception to the warrant requirement, and without judicial review of any type. (FAC, ¶ 1.) On June 5, 2020, Plaintiffs Timothy Barker and Youth Justice Coalition commenced this action by filing a verified c...

Excerpt: ...zad Farhang commenced this action against Defendants Younes Abrischamchi, individually and in his capacity as a trustee of the Abrischamchi Trust and Archlaunch LLC for (1) breach of contract; (2) promissory estoppel; (3) negligent misrepresentation; and (4) declaratory relief. On March 11, 2021, Plaintiffs filed a notice of lis pendens. On May 11, 2021, the Court (1) granted non-party Setareh Kavosi's ex parte application for leave to intervene ...

Excerpt: ...Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, for (1) negligence – presumption of negligence; (2) negligence per se – violation of California OSHA; (3) negligence – misclassification of employment status; (4) vicarious liability; and (5) premise liability. On May 7, 2020, Plaintiff Mu Chin Deitke, the surviving spouse of Plaintiff Sung K. Lee, filed a complaint against Defendants Young Hwa Met...

Excerpt: ... Incorporated dba Kash Wholesale (“JE Group”) and Hudson Insurance Company for (1) violation of the Consumers Legal Remedies Act, Civil Code § 1750 et seq.; (2) violation of the Unfair Competition Law, Bus. & Prof. Code § 17200 et seq.; (3) fraud and deceit; (4) negligent misrepresentation; and (5) violation of Vehicle Code § 11711 – as to Hudson Insurance Company only. On September 5, 2019, default was entered as to Defendant JE Group. ...

Excerpt: ...ontents, it does not list the page numbers for each topic. It is true that the CRC does not define a “table of contents” as containing page numbers. However, the Court notes that a Table of Contents without page numbers is of no help to the Court. Counsel should be more careful in the future. The Court also notes that the Third Amended Complaint, which is verified by Plaintiff, states that “Plaintiff does not read English fluently.” (TAC,...

Excerpt: ...ement, LP, et al. (Complaint, ¶ 1.) On January 29, 2021, Plaintiff Sparrow Fund Management, LP commence this action against Defendants Wargo French LLP and Sheppard Mullin Richter Hampton LLP for (1) malicious prosecution; (2) intentional interference with prospective economic advantage; and (3) negligent interference with prospective economic advantage. On July 1, 2021, Plaintiff filed the instant motion to lift stay and allow limited discovery...

Excerpt: ...ed a petition to confirm the arbitration award against Respondent QC Manufacturing, Inc. On June 15, 2021, the Court approved the parties' stipulation and protective order regarding confidential and highly confidential designations. On June 15, 2021, Respondent filed a response to the petition to confirm arbitration award and a motion to seal portions of its response to the petition to confirm arbitration award. On July 8, 2021, the Court continu...

Excerpt: ...st mites, mice, roaches; inadequate plumbing; defective bathroom fixtures; defective wall structures; deficient plumbing; improperly maintained floors; defective heater; unclean recycled water throughout the property; toilet leakage; improper weather proofing with the windows; mold; unsanitary and unsafe common areas; unsanitary and unsafe ceilings; structural damage; improper waterproofing and illegal construction (noise pollution and loss of pr...

Excerpt: ...ed a first amended complaint (“FAC”) alleging a single cause of action for negligence. On April 7, 2021, the Court sustained Defendant's demurrer to the FAC with leave to amend and denied Plaintiff's ex parte application for an order to strike the demurrer for procedural violations. On May 3, 2021, Plaintiff filed a second amended complaint (“SAC”) asserting claims for (1) negligence – vicarious liability – nuisance tenant; (2) nuisan...

Excerpt: ...st break compensation; (3) pay compensation due to Plaintiff in a timely manner; (4) provide compliant wage statements; and (5) wrongfully discharged Plaintiff in violation of public policy. (SAC, ¶ 1.) Plaintiff, a Hispanic male individual, who was the only non-Asian team member in his department, worked for Defendants as a Central Service Tech I (9413) from December 15, 2019 to June 12, 2020. (Id. at ¶¶ 21, 26.) On September 28, 2020, Plaint...

Excerpt: ...ons admitted and to compel responses to request for production of documents and form interrogatories. The Court DENIES Defendant's request for sanctions. BACKGROUND: This action arises out of a controversy involving real property known as 14638 Moody Street, Panorama City, California, 91402. (TAC, ¶¶ 1-2.) On October 7, 2020, Plaintiff Phanphen Chanachit commenced this action against Defendant Pornpanawan Wogsarod for (1) quiet title; (2) breac...

Excerpt: ...aintiff filed the first amended complaint (“FAC”) against Defendants Renee K. Kwan, Vibrant Developments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of ...

Excerpt: ...nt CBCI Construction, Inc. Resp. Party: Plaintiff BRE Piper MG Embassy Square CA, LLC (4) Motion to Compel Responses to Special Interrogatories, Set One Moving Party: Defendant CBCI Construction, Inc. Resp. Party: Plaintiff BRE Piper MG Embassy Square CA, LLC The Court DENIES the motions to deem request for admissions admitted, compel responses to form interrogatories, compel responses to special interrogatories, and compel responses to request f...

Excerpt: ...s, U.S.A., Inc. PRELIMINARY COMMENT: The Court is denying this motion to compel arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to Toyota. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State...

Excerpt: ... at work. On January 8, 2021, Plaintiff Angela Pagano commenced this action against Artist Publishing Group, Artist Partner Group, and Michael Caren for (1) breach of contract; (2) defamation; (3) retaliation under the Fair Employment and Housing Act; (4) intentional interference with prospective economic advantage; (5) preventing subsequent employment by misrepresentation under Labor Code section 1050; (6) violation of Business and Professions C...

Excerpt: ...Muchin Deitke” but the notice of motion lists the plaintiff bringing the motion as Plaintiff Sung K. Lee, not Muchin Deitke. (See Notice of Motion, pp. 1:7-8, 2:4.) The Court finds these unintentional mistakes to show a lack of professionalism. BACKGROUND: On June 12, 2019, Plaintiff Sung K. Lee filed a complaint against Defendants Young Hwa Methodist Church, Hyun Chul Kang, Sang Bong Kang, and United Methodist Church, case number 19STCV20604, ...

Excerpt: ...dants South Point of Nevada, LLC, Sam Almaz, Dan Kohanarieh, Fig Digs, LLC, CTH One, LP, C.N.A. Foreclosure Services, Inc. for (1) breach of contract (count one); (2) breach of contract (count two); (3) specific performance; (4) breach of fiduciary duty; and (5) declaratory relief. On August 21, 2020, South Point of Nevada, LLC filed a cross-complaint against Hartford Development, LLC and Matthew Fainchtein for (1) breach of contract; (2) breach ...

Excerpt: ...1 filed a first amended complaint (“FAC”) against Defendant Capref Burbank, LLC for (1) breach of contract; (2) deprivation of peaceful possession of real property; (3) intentional interference with prospective economic advantage; (4) negligent interference with prospective economic advantage; (5) breach of good faith and fair dealing; and (6) declaratory relief. On June 16, 2021, Defendant Capref Burbank, LLC filed the instant unopposed demu...

Excerpt: ...e and benzene and formaldehyde at their workplace. (FAC, ¶¶ 8-17.) On January 12, 2021, Plaintiffs Elizabeth Agramonte, Ernesto Agramonte, and David Carrera commenced this action against Defendants S.L. Fusco, Inc., The Sherwin-Williams Company, Ply Gem Industries, Inc. for (1) negligence; (2) strict liability – failure to warn; (3) strict liability – design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss ...

Excerpt: ... arbitration for the legal reasons set forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to Ford Motor Company. Since there are arbitration provisions in virtually every vehicle lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate the “strongly...

Excerpt: ...s committed numerous labor code violations against her and other aggrieved employees. (Complaint, ¶¶ 15-31.) On December 4, 2019, Plaintiff Abraham Duran commenced this action against Defendant Second Street Promenade, LLC for (1) failure to pay minim wages in violation of Labor Code sections 1194, 1194.2, 1197, Wage Order No. 5 of the IWC; (2) failure to furnish wage and hour statements (Labor Code sections 226 and 226.3); (3) failure to provi...

Excerpt: ...mended redacted version of its response to the petition. The Court CONTINUES the hearing on the motion to confirm arbitration to _______ and orders Respondent to refile its exhibits electronically with the Court. BACKGROUND: On May 10, 2021, Petitioners Solatube International, Inc. and Brighter Concepts Inc. dba Solatube Home Daylight filed a petition to confirm the arbitration award against Respondent QC Manufacturing, Inc. On June 15, 2021, the...

Excerpt: ...perty Trust Resp. Party: None as of 06/30/2021 Defendant Cruizers Express, LLC's motion for summary judgment, or in the alternative, summary adjudication is GRANTED. Defendant Charles Nordhausen, as trustee of Josephine Lohran Separate Property Trust's motion for summary judgment is GRANTED. PRELIMINARY COMMENTS: Defendant Cruziers states: “there has been only one other accident in the vacuum area of the carwash with almost 2 Million cars comin...

Excerpt: ...losure of property. In 2010, Plaintiff Benzeen, Inc. acquired real property located in Studio City, California that was subject to Defendant JP Morgan Chase Bank, National Association's (“Chase”) deed of trust, which was received by Chase through receivership by the FDIC from the original lender Washington Mutual Bank, FA. (FAC, ¶¶ 1, 11-12.) In November 2017, Plaintiff filed a Chapter 11 bankruptcy case and listed a fee simple interest in ...

Excerpt: ...that “after Plaintiff Charlene Andersson, a teacher employed by Newhall School District, complained about her principal's unethical conduct regarding a student's individualized education plan, the District and its administrators retaliated against Plaintiff by physically accosting her, issuing her a false and belated performance evaluation, issuing her written discipline based on false charges, and forcing her to enter the peer assistance progr...

Excerpt: ...e amount of $1,148.65. The Court GRANTS Triple 8's ex parte application for an order shortening time to hear the motion to be relieved as counsel. BACKGROUND: On August 1, 2019, judgment in the amount of $374,797.59 was entered in favor of Plaintiff LA Live Properties, LLC against Defendant and Judgment Debtor, Triple 8, LLC. (08/01/19 Judgment After Motion for Summary Judgment.) On August 10, 2020, the Court denied Judgment Creditor LA Live Prop...

Excerpt: ...303 LLC, commenced this action on September 11, 2018. On December 28, 2018, Plaintiff filed the first amended complaint (“FAC”) against Defendants Renee K. Kwan, Vibrant Developments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The causes of action in the FAC include (1) brea...

Excerpt: ...ejectment; (3) trespassing; (4) conversion; (5) constructive fraud; (6) constructive trust; and (7) quiet title in real property. Plaintiffs allege that their mother, Ramona Perez, purchased the subject property with her husband, Jose Perez on December 15, 1971, but later became the sole owner of the subject property as Jose Perez quitclaimed the property to Ramona Perez on July 20, 1978. (Complaint, ¶ 11.) Plaintiffs allege that prior to their ...

Excerpt: ...Compel Responses to Special Interrogatories, Set One Moving Party: Defendant Proland Management Company, LLC Resp. Party: None The motions to deem request for admissions admitted, compel responses to form interrogatories, compel responses to special interrogatories, and compel responses to request for production of documents are GRANTED. The Court GRANTS in part Defendant's request for sanctions against Plaintiff and her counsel in the amount of ...

Excerpt: ...units located at 8451 Carlton Way, Los Angeles, CA 90069. (Complaint, ¶ 19.) On February 24, 2020, Plaintiff Zohar Management, LLC commenced this action against Defendants Holloway Drive, LLC, Lubov Azria, Compass California, Inc., Shane Douglas Markland, Anthony J. Stellini, Sherri Ann Rogers, Utopia Development, Inc., and Daniel Angelo Moizel for (1) specific performance of real estate contract; (2) breach of written contract; (3) breach of th...

Excerpt: ... hearing on the motion to confirm arbitration to _______ and orders Respondent to refile its exhibits electronically with the Court. BACKGROUND: On May 10, 2021, Petitioners Solatube International, Inc. and Brighter Concepts Inc. dba Solatube Home Daylight filed a petition to confirm the arbitration award against Respondent QC Manufacturing, Inc. On June 15, 2021, the Court approved the parties' stipulation and protective order regarding confiden...

Excerpt: ...leges that during her employment, she was raped by her supervisor Isaac on July 8, 2018. (Complaint, ¶¶ 21-24.) Plaintiff alleges that she reported the rape to her employers, but her employers took no action against Isaac and Plaintiff was forced to continue working with him until she left her employment on January 31, 2019. (Id. at ¶ 25.) On April 28, 2020, Plaintiff Alejandra Alejandre Solorio commenced this action against Defendants Service...

Excerpt: ...aintiff brings this action to allege that it identified certain practices of Defendants, manufacturers and distributors of Flip Flops, who expose, knowingly and intentionally, persons in California to Diisononyll Phthalate, of such products without first providing clear and reasonable warnings of such to the exposed persons prior to the time of exposure. (Complaint, ¶ 16.) On May 14, 2021, Plaintiff filed the instant motion to approve and enter ...

Excerpt: ...ed to discrimination, sexual harassment, hostile work environment, and retaliation for complaining about the harassment she endured. (Complaint, ¶¶ 1-2, 33.) In particular, Plaintiff alleges that between June 2017 and June 2018, Officer Coronado made several romantic advantages towards her, which she rejected. (Id. at ¶¶ 12-13.) Plaintiff also alleges that after her final rejection of Officer Coronado's advances, Officer Coronado, with the as...

Excerpt: ... on the grounds that Respondent allegedly engaged in embezzlement and other significant misconduct. (Petition, ¶ 1.) On March 18, 2021, Petitioner Melisa Spamer, derivatively on behalf of Krengel, Spamer & Vance LLC filed a petition against Respondent Joseph J. Vance to expel member from limited liability company and for an accounting. On April 1, 2021, the Court made the following orders as a stop-gap measure: (1) all proceeds from the Jane Lyn...

Excerpt: ...r Pulido Payan, Sonia Pulido, by and through her guardian ad litem Myrian Pulido Payan, and April Pulido, by and through her guardian ad litem Myrian Pulido Payan commenced this action and on September 8, 2020 filed a first amended complaint (“FAC”) against Defendants EGL Properties, Incorporated and Ronald Lee for (1) breach of implied warranty of habitability; (2) breach of contract; (3) negligence; and (4) nuisance. On October 29, 2020, De...

Excerpt: ... the motion as to Volvo Car USA, LLC. Since there are arbitration provisions in virtually every RISC agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate the “strongly pro- consumer” protection statutes passed by our Legislature. (See e.g., Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 990.) The Court also...

Excerpt: ... Plaintiff's real property and businesses. (Complaint, ¶ 15.) On April 12, 2021, Plaintiff James R. Verheyden commenced this action against Defendants Talon Management Group and Jaime Cuevas for (1) breach of agreement; (2) intentional misrepresentation; (3) negligent misrepresentation; and (4) common count: money had and received. On May 25, 2021, Defendants filed an answer to Plaintiff's complaint. On June 6, 2021, Plaintiff filed the instant ...

Excerpt: ...pments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The causes of action in the FAC include (1) breach of fiduciary duty; (2) breach of contract; (3) quiet title/cancellation of instrument; (4) breach of covenant of good faith and fair dealing; (5) violations of Business and Prof...

Excerpt: ...ations.” (Complaint, ¶ 7.) On February 3, 2021, Plaintiff Jose Martin Jimenez commenced this action against FAB4 LLC d.b.a. Russell Westbrook Chrysler Dodge Jeep Ram of Van Nuys for (1) failure to pay all wages upon separation; (2) failure to provide overtime & double-time compensation; (3) waiting time penalties; (4) failure to pay wages for meal break periods; (5) disability discrimination; (6) failure to provide reasonable accommodation; (7...

Excerpt: ...ant or deputy one copy of the process for Daesung Mode, Inc. along with a copy of this Court's order authorizing such service. BACKGROUND: Plaintiff, a person with a disabling severe hernia and disabling pain in her neck, wrists, hands, fingers, legs, and lumbar spine, brings this action against her former employers alleging that they discriminated, harassed, and retaliated against her based on her disability. (Complaint, ¶¶ 10-13.) On August 1...

Excerpt: ...t the California Rules of Court which mandates a Table of Contents and Table of Authorities does not explicitly state that these Tables must include the page numbers on which the items are to be found, this is inherent in the definitions of “Table of Contents” and “Table of Authorities.” (See CRC, Rule 3.1113(f) and e.g., Black's Law Dictionary [“Table of Authorities”] and Wikipedia [“Table of Contents”] available at https://en.wi...

Excerpt: ...on after sustaining injuries when another vehicle crashed into their vehicle that Plaintiffs were vacuuming at a car wash. (Complaint, ¶¶ 10-13.) On October 8, 2019, Plaintiffs Destiny Garcia, individually, by and through her guardian ad litem Griselda Nieves, and Griselda Nieves, individually, commenced this action against Defendants Isabel Guillen, Cruizers Express, LLC, and Josephine Lohran for (1) negligence; (2) negligence per se; (3) prem...

Excerpt: ...hantability; and (2) breach of express warranty. On May 11, 2021, Plaintiff filed a notice of settlement of entire case. On May 25, 2021, Plaintiff filed the instant motion to enforce settlement. ANALYSIS: I. Motion to Enforce Settlement A. Legal Standard Code of Civil Procedure section 664.6 provides: “If the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...

Excerpt: ...ubtle biases and the problems inherent in subjective examinations. However, Plaintiff has not presented any evidence -- either personal or statistical -- to show that the City's promotional processes are discriminatory, and that Plaintiff has suffered as a result of such (implicit or explicit) biases. Shorn of its verbiage, Plaintiff simply believes that he was the most qualified person and that he was not promoted; Plaintiff therefore concludes ...

Excerpt: ... on the grounds that Respondent allegedly engaged in embezzlement and other significant misconduct. (Petition, ¶ 1.) On March 18, 2021, Petitioner Melisa Spamer, derivatively on behalf of Krengel, Spamer & Vance LLC filed a petition against Respondent Joseph J. Vance to expel member from limited liability company and for an accounting. On April 1, 2021, the Court made the following orders as a stop-gap measure: (1) all proceeds from the Jane Lyn...