Excerpt: ...t in the amount of $5,890.11. BACKGROUND: On June 9, 2021, Plaintiff Isaac Corona-Quiles filed his Complaint against Defendant Toyota Motor Sales, U.S.A., Inc. on causes of action involving Civil Code sections 1790, et seq., otherwise known as the Song-Beverly Consumer Warranty Act. On July 21, 2021, Defendant filed its Answer. On October 28, 2022, after hearing the evidence and arguments at Trial, the Jury returned the following Special Verdicts...

Excerpt: ...eit, Matthew Jacob Feaver, and Heit Law Group (“Sheehan et al.”). The underlying issue regards the alleged malpractice (and related claims) of Sheehan et al. in Meiner et al.'s prior lawsuit on a specific e-spam law. On January 25, 2022, Sheehan et al. filed: (1) Answer to Meiner et al.'s Complaint; and (2) Cross-Complaint against Cross-Defendants Gregory Walston and Walston & Associates (“Walston et al.”). On January 26, 2022, Meiner et ...

Excerpt: ...ses, LLC filed its Abstract of Judgment against Judgment Debtor Blueberry Solutions, Inc. Judgment Creditor concurrently filed Declaration of Shelley M. Gould. On December 5, 2022, Judgment Creditor filed its Application and Order for Appearance and Examination — Enforcement of Judgment (Third Person). Judgment Creditor concurrently filed Declaration of Shelley M. Gould. ANALYSIS: I. Legal Standard Code of Civil Procedure section 708.120, subdi...

Excerpt: ...er is OVERRULED as to the third, sixth, and seventh causes of action of the First Amended Cross-Complaint. Cross-Defendants' Motion to Strike is GRANTED in part. The motion is granted as to striking Items 1, 2, 4, and 12. The motion is denied as to the remaining requests. BACKGROUND: On March 24, 2022, Plaintiff Living the Dream filed its Complaint against Defendants Gloria Shulman Hughes and John E. Hughes, Jr. on causes of action regarding a di...

Excerpt: ...cember 17, 2019, Plaintiffs Nicole Abramson and Douglas Stork filed their Complaint against Defendants Anita Kovacic, Marine View Management, Inc., and BLK Properties, LLC on causes of action for breach of implied warranty of habitability, negligence, and breach of contract. This case regards damages Plaintiffs allege to have suffered and continue to suffer due to the mold in their home. On April 6, 2021, Plaintiffs filed their First Amended Comp...

Excerpt: ...roduction and for Sanctions of $886.50 Moving Party: Defendants PHH Mortgage Corporation; Deutsche Bank National Trust Company as Trustee for IndyMac INDX Mortgage Loan Trust 2007‐AR7, Mortgage Pass‐Through Certificates Series 2007‐AR7; Western Progressive; and Western Progressive, LLC Resp. Party: None Defendants' FROGs Motion is GRANTED. Defendants' RPDs Motion is GRANTED. Plaintiff is ordered to produce responses to within thirty (30) da...

Excerpt: ...x Rel. California Air Resources Board Resp. Party: None Plaintiff/Cross-Defendant's Motions for Leave to File Second Amended Complaint are GRANTED. BACKGROUND: On August 10, 2020, Plaintiff People of the State of California ex rel. California Air Resources Board filed two Complaints for Civil Penalties and Injunctive Relief: one against Defendant Noil Energy Group, Inc. (Case Number 20STCV30142) and another against Defendant Speedy Fuel, Inc. (Ca...

Excerpt: ...rant Nissan's motion. Since there are arbitration provisions in virtually every lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. The Song-Beverly Act is a “strongly pro-consumer” law aimed at protecting Californians who buy or lease a car. (Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 990.) Upholding such a motion would eviscerate thes...

Excerpt: ...0 is VACATED. The first, third, and fourth causes of action in Plaintiff's Complaint are RESTORED. BACKGROUND: On October 23, 2018, Plaintiff Lynne Haaland, in propria persona, filed her Complaint against Defendant State Farm Mutual Automobile Insurance on the following causes of action: (1) Breach of duty of good faith and fair dealing; (2) Breach of contractual duty to pay a covered insurance claim; (3) Tortious breach of implied covenant of go...

Excerpt: ...s GRANTED in part. Plaintiff's Motion is GRANTED as to FROGs 12.1 through 12.7 and FROGs 16.1 through 16.3. Plaintiff's Motion is DENIED as to FROGs 3.1 through 3.7. Both Parties' respective Requests for Sanctions are DENIED. BACKGROUND: On May 9, 2022, Plaintiff Rochelle Sterling, as Trustee of the Sterling Family Trust, filed her Complaint against Mohammad M. Fawaz, a.k.a. Mohammad Moet Fawaz, a.k.a. Moet Fawaz. On December 30, 2022, Plaintiff ...

Excerpt: ...on award against Respondents Citizen Jane Productions, LLC and Cibola Entertainment LLC. This petition was originally filed in Department 57. On March 1, 2013, the Court granted the petition to confirm the arbitrator's opinion and award. On March 22, 2013, the Court entered the following judgment: “1) Respondents Citizen Jane Productions, LLC and Cibola Entertainment, LLC (“Respondents”) shall pay Writers Guild of America, West, Inc. (“WG...

Excerpt: ...tion re Compliance with Meet and Confer Requirements; (2) Proposed Order; and (3) Request for Judicial Notice. On January 12, 2023, Plaintiff filed its Opposition. On January 19, 2023, Defendant filed its Reply. ANALYSIS: I. Request for Judicial Notice Defendant requests that the Court take judicial notice of the following items: (1) Cerritos City Council Ordinance No. 1030; (2) Cerritos City Council Ordinance No. 1031; (3) Chapter 10.18 of the C...

Excerpt: ...lio Garcia. This action regards alleged fraudulent activities that Defendants engaged in regarding Plaintiff's property. On April 30, 2019, Plaintiff filed her First Amended Complaint. On August 28, 2019, Plaintiff filed her Second Amended Complaint. On November 20, 2019, Plaintiff filed her Third Amended Complaint. On January 8, 2020, Defendants Rediger Investment Corporation and Olive Street Investors II, LP filed: (1) Verified Answer to Third ...

Excerpt: ... all hours reasonably spent.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133.) “Reasonably spent” means that “‘padding' in the form of inefficient or duplicative efforts is not subject to compensation.” (Id.) “A plaintiff is not automatically entitled to all hours claimed in the fee request. Rather, the plaintiff must prove the hours sought were reasonable and necessary.” (Rey v. Madera Unified School Dist. (2012) 203 Cal.App.4th ...

Excerpt: ...ly Pipe Co., LLC and James Fiorillo Plaintiff's Motion to Allow Extensive Voir Dire Questioning and a Written Juror Questionnaire is DENIED without prejudice. Plaintiff's Motion to Compel Verifications is DENIED as moot. Monetary Sanctions are awarded for Plaintiff and against Defendants and their Counsel, jointly and severally, in the amount of $2,250.00. BACKGROUND: On May 12, 2021, Plaintiff Presciliano Contreras filed his Complaint against De...

Excerpt: ...hyan filed her Complaint against Defendants Frank M. Bacino and Perry M. Bacino on the following causes of action: (1) Imposition of Constructive Trust; (2) Imposition of Resulting Trust; (3) Fraud; (4) Quiet Title; (5) Nonpayment of Wages; (6) Waiting Time Penalties; and (7) Failure to Pay Minimum Wages and Overtime Compensation. On December 19, 2022, Defendants filed their Demurrer and their Motion to Strike. Plaintiff has not filed an oppositi...

Excerpt: ...rs judgment on the Partial Settlement Agreement. The Motion is DENIED as to the request for sequestering rents on the 22931 Burbank Boulevard Property via a preliminary injunction. BACKGROUND: A. Case Background On January 10, 2022, Plaintiffs Xi Wang, American Dream Investment Associates, W & A 22931 LLC, W & A (2256) LLC, W + A 2581 LLC, Stark Estates, LLC, and Bixia Liu filed their Complaint against Defendants Avraham Cohen, G.B.U. Constructio...

Excerpt: ...cember 17, 2019, Plaintiffs Nicole Abramson and Douglas Stork filed their Complaint against Defendants Anita Kovacic, Marine View Management, Inc., and BLK Properties, LLC on causes of action for breach of implied warranty of habitability, negligence, and breach of contract. This case regards damages Plaintiffs allege to have suffered and continue to suffer due to the mold in their home. On April 6, 2021, Plaintiffs filed their First Amended Comp...

Excerpt: ...ANTED in part. Defendant is ordered to produce responses to RPDs 11–13 and 15–17 within five (5) court days. Monetary sanctions are awarded for Plaintiff and against Defendant and his Counsel, jointly and severally, in the total amount of $6,246.60. BACKGROUND: On February 16, 2021, Plaintiff Carlos Bravo filed his Complaint against Defendants Hooman Nissan of Culver City, Inc., Nissani Bros, and NBA Automotive, Inc. on causes of action regar...

Excerpt: ...z Velasquez filed his Complaint against Defendant W & P Pharmacy Inc. on causes of action regarding Plaintiff's former employment with Defendant. On September 7, 2021, Defendant filed its Answer. On November 2, 2022, pursuant to the Parties' Stipulation, the Court: (1) continued Trial and pre-trial deadlines and dates; (2) ordered Defendant within 10 days to respond to discovery propounded from Plaintiff on December 13, 2021; and (3) ordered medi...

Excerpt: ...cted Motion to be Filed Pursuant to Code of Civil Procedure § 473 is DENIED. BACKGROUND: On July 7, 2021, Plaintiff HCP MOP California, LP filed its Complaint against Defendants Stella Koletic, D.D.S., Inc. and Stella Koletic on causes of action of breach of written lease, account stated, money had and received, and breach of written guaranty. On October 7, 2021, Defendant Stella Koletic, in propria persona, filed her Answer. On January 3, 2022,...

Excerpt: ...Cross-Complaint against Cross-Defendant Preferred Remodeling & Development Inc. on the following causes of action: (1) Comparative indemnity and apportionment of fault; (2) Implied indemnity; (3) Contribution; (4) Declaratory relief; and (5) Attorney's fees and costs pursuant to Code of Civil Procedure section 1021.6 and/or 128.5. On June 1, 2022, Defendant/Cross-Complainant amended its Cross-Complaint to substitute Business Alliance Insurance Co...

Excerpt: ...of Documents (Set Three) and Request for Sanctions in the Amount of $1,500.00 Moving Party: Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC Resp. Party: Plaintiff Benjamin Nichols SUBJECT: Motion to Compel Plaintiff's Further Responses to Defendant Jake Dante's Request for Admissions (Set One) and Request for Sanctions in the Amount of $1,500.00 Moving Party: Defendants Jake Morris Dante, Cynthia Pett ...

Excerpt: ...Plaintiff”), acting in his role as Trustee of the Kohanim Revocable Trust commenced this action on July 22, 2022, alleging (1) fraud, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) breach of contract, (5) accounting, (6) Penal Code section 496, (8) breach of implied covenant of good faith and fair dealing, and (9) conversion. This action arises from a dispute regarding the NAM 5 Ltd. Venture Partner Agreement (the “Ag...

Excerpt: ... 9, 2022, Plaintiff Tutor Perini Corporation filed its Complaint against Defendants San Francisco Municipal Transportation Agency, a public agency of the City and County of San Francisco on a cause of action for breach of contract. On October 27, 2022, Defendant filed its Motion to Change Venue. Defendant concurrently filed: (1) Declaration of Ari Baruth; and (2) Proposed Order. On January 3, 2023, Plaintiff filed its Opposition. Plaintiff concur...

Excerpt: ...filed their Complaint against Defendants Pedram Abraham Mehrian, Emanuel Sabet, Michael Sabet, Daniel Sabet, and Strategic Legacy Investment Group, Inc. on the following causes of action: (1) Breach of promissory note; (2) Breach of implied covenant of good faith and fair dealing; (3) Fraud and deceit; (4) Aiding and abetting fraud and deceit; (5) Common counts; and (6) Accounting. On August 27, 2021, by request of Plaintiff, the Clerk's Office e...

Excerpt: ...n of Business Records to Nonparty Instagram, Inc., or, in the Alternative, for Protective Order Moving Party: Defendants Tiffany Smith, Hunter Hill, and Piper Rockelle, Inc. Resp. Party: Plaintiffs Sawyer S., Donlad D., Ayden M., Connor C., Hayden H., Walker B., Sophia F., Corinne D., Symonne H., Claire E., and Reese E. Defendants' Motions are GRANTED in part. Defendants' Motions are denied as to quashing the subpoenas but the scope of the docume...

Excerpt: ...ys prior to the status conference hearing. PRELIMINARY COMMENTS: This Motion to Compel Arbitration is unopposed, yet plaintiff has not stipulated to arbitration. The Court finds such silence to be troubling. If plaintiff believed that the Motion should be denied, he should have filed an opposition. If plaintiff agreed that arbitration was compelled, he should have stipulated to arbitration. Had he done so, the court and its staff would not have h...

Excerpt: ...until such earlier time as the Court specifies. BACKGROUND: On December 23, 2020, Plaintiff Michael Waddington, in propria persona, filed his Complaint against Defendants The Berman Law Group, APC, Brett A. Berman, and Seri Kattan-Wright on the following causes of action: (1) Professional Negligence — Legal Malpractice; (2) Breach of Written Agreement — Hourly Family Law Retainer; (3) Declaratory Relief regarding Further Attorney's Fees; (4) ...

Excerpt: ...motion. Since there are arbitration provisions in virtually every lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. The Song-Beverly Act is a “strongly pro-consumer” law aimed at protecting Californians who buy or lease a car. (Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 990.) Upholding such a motion would eviscerate these consumer pro...

Excerpt: ...f Presciliano Contreras filed his Complaint against Defendants Kelly Pipe Co., LLC, JFE Shoji America, LLC, JFE Shoji America Holdings Inc., JFE Shoji Steel American, Inc., R. Bourgeois JFE Shoji Magnetic Lamination, Inc., Art Shelton, Steve Livingston, and James Fiorillo. The Complaints lists the following causes of action: (1) Discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) Hostile work environment in violat...

Excerpt: ... and (5) Violation of Penal Code section 496, subdivision (a). Plaintiff's case number for the August 16, 2022 Complaint is listed as 22STCV26447. On September 1, 2022, Plaintiff filed a new Complaint against Defendant, which was substantively identical to the earlier-filed Complaint, except that it also included Plaintiff's Declaration and various exhibits regarding the car at issue in this matter. Plaintiff's case number for the September 1, 20...

Excerpt: ...nt D Park MPH DDS Dental Corporation's person most knowledgeable are ORDERED to be made available within 15 days from the issuance of this Order. Sanctions are AWARDED for Plaintiff and against Defendants Park and D Park MPH DDS Dental Corporation, and their Counsel, jointly and severally in the amount of $1,800.00. Defendants' Request for Sanction is DENIED. BACKGROUND: On December 8, 2021, Plaintiff Dulce Santiago filed her Complaint against De...

Excerpt: ...of Business and Professions Code section 7031, subdivision (b). The Demurrer is sustained without leave as to the cause of action for restitution. The Demurrer is overruled as to the other grounds claimed. BACKGROUND: On August 2, 2022, Plaintiff Robert Sanati filed his Complaint against Defendants Urbane Builders, Inc., Gagik Patrick Nazaryan, Amirhosin Ebrahimi, Neda Abousaidi, GCN Properties, LLC, Tyrone Development, LLC, Black Star Developmen...

Excerpt: ...ended, it should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had it done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended. BACKGROUND: On November 14, 2022, Plaintiff LA Park La Brea B, LLC filed its Complaint for Unlawful Detainer against Defendant Alexandra Williams. On November 29,...

Excerpt: ...ion LLC and Eric Milestone filed their Complaint against Defendant Sean P. Dunn on causes of action relating to Messrs. Milestone's and Dunn's control of Plaintiff Gas Pedal Delivery & Distribution LLC. On October 3, 2022, Defendant/Cross-Complainant filed: (1) Answer to the Complaint; and (2) Cross-Complaint against Plaintiffs/Cross-Defendants Gas Pedal Delivery & Distribution LLC and Eric Milestone. On October 7, 2022, Defendant/Cross-Complaina...

Excerpt: ...LC, W + A 2581 LLC, Stark Estates, LLC, and Bixia Liu filed their Complaint against Defendants Avraham Cohen, G.B.U. Construction, Inc. American Dream Investment Associates, W & A 22931 LLC, W & A (8404), LLC, W & A (2256), LLC, and W + A 2581 LLC. At its core, this matter involves allegations by Plaintiff Wang that Defendant Cohen has committed a variety of torts related to property that the Parties jointly own. On January 11, 2022, Plaintiffs f...

Excerpt: ... to serve Plaintiff with the production. Plaintiff's Request for Sanctions is DENIED. BACKGROUND: On September 21, 2021, Plaintiff Shawn Lame filed his Complaint against Defendant Jaguar Land Rover North America, LLC on causes of action pursuant to the Song-Beverly Consumer Warranty Act. On February 9, 2022, Defendant filed its Answer. On November 28, 2022, Plaintiff filed his Motion to Compel Further Responses to Plaintiff's Requests for Product...

Excerpt: ...yment and Housing Act (FEHA). On February 7, 2020, Defendant filed its Answer. On September 1, 2021, the Court granted Plaintiffs' Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion). On November 30, 2022, the Court granted in part Plaintiffs' motion to Compel Deposition of Defendant's Person Most Qualified. The Court granted the deposition but denied Plaintiffs' request for production of documents. On December 6, 2022, the ...

Excerpt: ...(1) Failure to pay overtime wages in violation of Labor Code section 510; (2) Unpaid wages and failure to pay minimum wages; (3) Failure to provide rest periods or compensation in lieu thereof in violation of Labor Code section 226.7; (4) Failure to provide accurate itemized wage statements; (5) Labor Code section 203 waiting time penalty; (6) Violation of Unfair Competition Law; and (7) Private Attorneys General Act (PAGA). On December 2, 2022, ...

Excerpt: ...nst Defendant City of Los Angeles on causes of action for: (1) sex/gender harassment in a hostile work environment in violation of the California Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) failure to prevent discrimination and retaliation from occurring or continuing in violation of FEHA. On July 29, 2022, after a four-day jury trial, the jury found Defendant City of Los Angeles liable on both Plai...

Excerpt: ...e DENIED. The Parties' respective Requests for Sanctions are DENIED. BACKGROUND: On December 17, 2019, Plaintiffs Nicole Abramson and Douglas Stork filed their Complaint against Defendants Anita Kovacic, Marine View Management, Inc., and BLK Properties, LLC on causes of action for breach of implied warranty of habitability, negligence, and breach of contract. This case regards damages Plaintiffs allege to have suffered and continue to suffer due ...

Excerpt: ...Waddington, in propria persona, filed his Complaint against Defendants The Berman Law Group, APC, Brett A. Berman, and Seri Kattan-Wright on the following causes of action: (1) Professional Negligence — Legal Malpractice; (2) Breach of Written Agreement — Hourly Family Law Retainer; (3) Declaratory Relief regarding Further Attorney's Fees; (4) Return of Excessive Attorney Fees and Costs Paid; and (5) Equitable Indemnity. On February 9, 2021, ...

Excerpt: ...ed his Complaint against FCA US LLC on causes of action involving the Song- Beverly Consumer Warranty Act. On July 21, 2022, Defendant filed its Answer. On November 8, 2022, Plaintiff filed his Motion to Compel Further Discovery Responses to Request for Production of Documents Set One and for Monetary Sanctions Pursuant to C.C.P. Section 2031.320(b) Against Defendant and its Counsel in the Amount of $1,791.65. Plaintiff concurrently filed its Sep...

Excerpt: ... who, according to his own declarations, has mental and physical health issues). From the beginning of this case, the Court has taken Plaintiff's claims seriously and bent over backwards to allow Plaintiff access to the courts. After having granted a motion to quash, dismissing the case, and denying Plaintiff's motion for reconsideration, the Court ultimately reinstated the case, in order to allow Plaintiff, an incarcerated citizen, the ability t...

Excerpt: ... filed their Complaint against Defendants Pedram Abraham Mehrian, Emanuel Sabet, Michael Sabet, Daniel Sabet, and Strategic Legacy Investment Group, Inc. on the following causes of action: (1) Breach of promissory note; (2) Breach of implied covenant of good faith and fair dealing; (3) Fraud and deceit; (4) Aiding and abetting fraud and deceit; (5) Common counts; and (6) Accounting. On August 27, 2021, by request of Plaintiff, the Clerk's Office ...

Excerpt: ...Fawaz, a.k.a. Moet Fawaz. The causes of action are: (1) Conversion; (2) Conspiracy to commit conversion or theft; (3) Theft or larceny; (4) Imposition of constructive trust and/or accounting; and (5) Unjust enrichment. On November 29, 2022, Defendant filed his Demurrer. On December 8, 2022, Plaintiff filed her Opposition. On December 12, 2022, Defendant filed his Reply. ANALYSIS: I. Legal Standard A demurrer is a pleading used to test the legal s...

Excerpt: ...LC on causes of action for breach of implied warranty of habitability, negligence, and breach of contract. This case regards damages Plaintiff allege to have suffered and continue to suffer due to the mold in their home. On April 6, 2021, Plaintiffs filed their First Amended Complaint. On June 8, 2021, Defendants filed their Answer to the First Amended Complaint. On November 18, 2022, Defendant Marine View Management, Inc. filed its Motion for Le...

Excerpt: ...fendants Harvey Bookstein, Lisa Optican, and Jennifer Franklin. On November 16, 2022, Defendant Bookstein filed his Demurrer to the First Amended Complaint in Interpleader. On December 6, 2022, Plaintiff filed its Opposition. On December 13, 2022, Defendant filed its Reply. ANALYSIS: I. Legal Standard for a Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the for...

Excerpt: ...ainant's Motion to Deem as Admitted RFAs is GRANTED. The Requests for Admission are deemed admitted. Defendant/Cross-Complainant's Motion to Compel Responses to FROGs and RPDs is GRANTED. Plaintiff/Cross-Defendant shall have 30 days from the issuance of this Order to serve his responses. Sanctions are AWARDED for Defendant/Cross-Complainant and against Plaintiff/Cross-Defendant in the amount of $800.00. BACKGROUND: On March 11, 2022, Plaintiff Da...