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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...enth, and sixteenth causes of action. Demurrer is sustained without leave to amend as to the fifth, sixth, and eleventh causes of action. Meet & Confer Before filing a demurrer, the moving party is required to meet and confer in person or by telephone with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be ...

Excerpt: ... his Churchill script and his research, which were then 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)); (2) breach of implied-in-fact contract; (3) unfair and unl...

Excerpt: ...n to confirm arbitration award. On June 1, 2021, Petitioner filed a reply in support of his petition. On June 4, 2021, Respondent filed a supplemental response to the petition. ANALYSIS: I. Petition to Confirm Arbitration Award A. Procedural Issue “The general rule of motion practice, which applies here, is that new evidence is not permitted with reply papers. This principle is most prominent in the context of summary judgment motions, which is...

Excerpt: .... Party: Plaintiffs Hwa Ja Park and Diana Park The Court DENIES Defendants' motion for sanctions. The Court DENIES Defendants' discovery motions as moot. The Court GRANTS Defendants' request for sanctions against Plaintiff Diana Park and her counsel in the amount of $2,310.00. The Court GRANTS Defendants' request for sanctions against Hwa Ja Park and her counsel in the amount of $1,925.00. BACKGROUND: Plaintiffs bring this action to allege that t...

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: ...is a tragic case. Ynhi Tran and her husband, Plaintiff Michael Pham, were taking an evening stroll near their house when they were hit by a car in a marked intersection. Ms. Tran was killed; Plaintiff Pham is now so mentally impaired due to the accident that he must be represented by his children in this action. The issue in this lawsuit is who should pay for their injuries, and how much should be paid. More specifically, the issue in this Motion...

Excerpt: ...o Quash Service of Summons. All parties will have an opportunity to provide responsive briefing before the OSC hearing date. 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. Ellington, in propria persona, commenced this action against Defendants State of California, City of Los Angeles, J.McDonnell, Wallace, Ruiz, Zolnoun...

Excerpt: ...y Mims commenced this action against Defendants California African American Museum, California Science Center, California Science Center Foundation, The State of California, and George O. Davis for (1) violation of the FEHA – gender discrimination; (2) violation of the FEHA – gender harassment; (3) violation of the FEHA – retaliation; (4) violation of the FEHA – failure to accommodate; (5) violation of the FEHA – failure to engage in th...

Excerpt: ...liated against, and wrongfully terminated, based on her race. (Complaint, ¶¶ 5-18.) On April 14, 2020, Plaintiff April Mack commenced this action against Defendant California Manufacturing Technology Consulting for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; and (4) wrongful discharge in violation of public policy. On April 23, 2021, Defendant filed the instant motion to compel arbitration and sta...

Excerpt: ... forfeited its contraction rights under the lease. (Complaint, ¶¶ 5-17, 26(a), 29, 38.) On April 5, 2021, Plaintiff AT&T Services, Inc. commenced this action against Defendant Kilroy Realty Finance Partnership, L.P. for (1) declaratory relief; (2) breach of contract; and (3) breach of implied covenant of good faith and fair dealing. On May 7, 2021, Defendant filed the instant demurrer to each cause of action in the complaint. ANALYSIS: I. Demur...

Excerpt: ... of its mechanical problems and installation of a replacement engine. On September 17, 2019, Plaintiff Elias Shokrian commenced this action against O'Gara Coach Company, LLC dba Aston Martin Beverly Hills, and Aston Martin Lagonda of North America for (1) breach of express warranty; (2) breach of implied warranty; (3) strict products liability; (4) false representation; and (5) punitive damages. On January 14, 2020, the Court sustained Defendants...

Excerpt: ...ees is DENIED without prejudice pending further briefing. BACKGROUND: On March 5, 2021, Plaintiffs Gaia Construction, Inc. and Farzad 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 not...

Excerpt: ...entitled to $31,326.16, representing an overpayment Petitioner made by mistake to the Respondent. (Petition, Ex. C.) On February 9, 2021, Petitioner Portales Recovery, LLC filed a petition to confirm the arbitration award against Respondent Fadl Al Olayan and enter judgment according to it. (Petition, ¶¶ 1, 10(a).) On April 16, 2021, Respondent filed a response to the petition, requesting that the Court vacate, or in the alternative, correct th...

Excerpt: ...rike the answer of Defendant E.Z. Deal Trading, Inc. Plaintiff is to enter default pursuant to Code with the Clerk's office. The remaining parts of the Motion are DENIED. BACKGROUND: This case arises from the failure to repay a loan that was provided for a commercial lease agreement for the operation of a warehouse in Los Angeles. (FAC, ¶¶ 61-62.) On November 12, 2019, Plaintiff Celso Fernandez commenced this action against Defendants Ho Soung ...

Excerpt: ..., Inc. Plaintiff 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 a...

Excerpt: ... On June 16, 2020, the Court found that the following cases, The Court finds that the following cases, BC614146, 19STCV38555, and 20STCP00699, are related and designated BC614146 as the lead case. On March 22 and 23, 2021, the Court conducted a de novo evidentiary hearing on Appellants Brian Dreyfuss and Features Artists Agency, Inc.'s appeal from the Labor Commissioner's decision in Case TAC 43105. On April 16, 2021, pursuant to the Court's deci...

Excerpt: ... Dennis Gorman for (1) false promise; (2) breach of contract; and (3) nonpayment of wages. On February 16, 2021, Defendant Dennis Gorman, in propria persona, filed an answer to the complaint. On March 29, 2021, the Court overruled Plaintiff's demurrer to Defendant's answer. On April 22, 2021, the Court notified the parties that it is making its own motion to reclassify this matter and that it is scheduling an OSC re This Case Should Not Be Reclas...

Excerpt: ...he Court taxes $2,361.25 and awards costs to the Perez Defendants in the amount of $15,197.98. The Court DENIES Plaintiff's motion to tax City Defendants' costs, awarding the City Defendants costs in the amount of $31,913.58. BACKGROUND: Plaintiff Concerned Citizens of City of Industry (“CCCI”) brings the subject action against Defendant the City of Industry (the “City”), as well as individual elected official Defendants including the May...

Excerpt: ...son, who was the opposing counsel representing Plaintiff's former employer in a workers compensation matter that took place in 1991. (Complaint, FR-2.) Plaintiff brings this action to allege that Defendant drafted a fictitious agreement in 1987 regarding medical examiners, lied that Plaintiff had mental depression and pancreas and kidney injury on April 4, 1985, paid the workers compensation judge, and lied about paying the judge. (Complaint, FR-...

Excerpt: ...or (1) false promise; (2) breach of contract; and (3) nonpayment of wages. On February 16, 2021, Defendant Dennis Gorman, in propria persona, filed an answer to the complaint. On March 29, 2021, the Court overruled Plaintiff's demurrer to Defendant's answer. On May 4, 2021, Plaintiff filed an ex parte application to set aside the June 9, 2021 hearing. On May 10, 2021, the Court denied Plaintiff's ex parte application to set aside the June 9, 2021...

Excerpt: ...akes not a whit of difference to the case whether or not the allegations of the class action are stricken. It makes not a whit of difference to this case whether or not certain potentially conflicting allegations are stricken. The only thing accomplished by defense counsel requesting – and plaintiff's counsel opposing – the motion to strike these allegations is an increase in billing opportunities for counsel on both sides. The named counsel ...

Excerpt: ...e 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 Methodist Church, Hyun Chul Kang, Sang Bong Kang, and The California-Pacifi...

Excerpt: ...ted pro hac vice is GRANTED. John Goldmark's application to be admitted pro hac vice is GRANTED. Defendants' motion to compel arbitration and dismiss the action is DENIED. BACKGROUND: This action arises out of an agreement with Amazon to sell merchandise on Amazon's website. (Complaint, ¶¶ 13-22.) On March 11, 2021, Plaintiff Savinar Luggage, LLC dba Luggage & Travelwear by H. Savinar commenced this action against Defendants Amazon.com Services...

Excerpt: ... against, and wrongfully terminated, based on her race. (Complaint, ¶¶ 5-18.) On April 14, 2020, Plaintiff April Mack commenced this action against Defendant California Manufacturing Technology Consulting for (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; and (4) wrongful discharge in violation of public policy. On April 23, 2021, Defendant filed the instant motion to compel arbitration and stay the ...

Excerpt: ...s entered into a written agreement which created an independent contractor relationship. (Ibid.) Plaintiff alleges that the requirements and obligations of his position did not qualify as an independent contractor agreement. (Ibid.) Plaintiff was paid a commission for his sales, but alleges that he was also required to perform various tasks for defendants for which he was not compensated. (Id. at ¶ 7.) On December 31, 2014, Plaintiff Jose Manuel...

Excerpt: ...Court GRANTS Defendant's motion to compel arbitration and stay the proceedings. The Court DENIES as moot Plaintiff's motion to stay the proceedings. BACKGROUND: This action arises out of allegations that Plaintiff was terminated from his employment based on Defendant's false allegations of sexual harassment. On March 20, 2020, Juan Carlos Morales, II commenced this action against Defendant Elizabeth Yang and on September 22, 2020 filed a verified...

Excerpt: ... Defendant FCA US LLC. 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 FCA US LLC. Since there are arbitration provisions in virtually every RISC agreement, upholding Defendants' motion to compel arbitration would prevent virtually any Lemon Law case from ever being h...

Excerpt: ...-20.) On February 20, 2019, Plaintiff Century Park commenced this action against Defendants Laurus Corporation and Jean Paul Szita for (1) breach of lease (Civil Code section 1951.2); (2) breach of guaranty; and (3) breach of promissory note. On February 10, 2021, the Court granted Defendant Jean Paul Szita's motion for determination of good faith settlement. On February 18, 2021, the Court entered judgment in favor of Plaintiff against Defendant...

Excerpt: ...uit, and interest. (See Complaint, ¶ 25.) On September 22, 2020, default was entered against Defendant Brett Harrison. On January 12, 2021, default judgment was entered against Defendant Brett Harrison in the amount of $1,956,389.89. On March 18, 2021, Defendant filed the instant motion to vacate and set aside default and default judgment. ANALYSIS: I. Motion to Set Aside Default and Default Judgment A. Legal Standard Code of Civil Procedure sec...

Excerpt: ... and Volar Fashion, LLC The motion for terminating sanctions is DENIED. The motion for judgment on the pleadings is DENIED as moot as to Plaintiffs Grand Step (H.K.) Ltd. dba Grand Apparels Designs and Volar Fashion, LLC. The motion for judgment on the pleadings and order to abate is DENIED as to Plaintiff Grand Products Manufacturing, Ltd. PRELIMINARY COMMENTS: Defendant's motion for judgment on the pleadings contains page numbers. However, the ...

Excerpt: ...iciency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal...

Excerpt: ...tions 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 provide meal and rest period compensation ...

Excerpt: ... the burden establishing that no good cause exists for the INFORMATION to be treated as CONFIDENTIAL.” But unless the Court is misunderstanding this sentence, this sentence makes no sense as written. The party claiming confidentiality might be required to show that good cause exists for the information to be treated as confidential. Conversely, the party arguing against confidentiality might be required to show that no good cause exists for the...

Excerpt: ...open a civil case so that the Court can appoint a neutral arbitrator. (Petition, p. 1:22-23.) On April 22, 2021, Petitioner filed the instant unopposed motion to compel arbitration and appoint a neutral arbitrator. ANALYSIS: I. Motion to Compel Arbitration and Appoint an Arbitrator A. Legal Standard Code of Civil Procedure section 1290.4 provides that “[a] copy of the petition and a written notice of the time and place of the hearing thereof an...

Excerpt: ... LLC and Freddy Braidi's reply does not include line numbers in violation of California Rules of Court, rule 2.108. The Court expects all parties to comply with the California Rules of Court in the future. II. As indicated below, the Court is Granting the motion to set aside the default and default judgments. Given the strong public policy of resolving disputes on its merits, the Court believes it must grant this motion. However, this court has p...

Excerpt: ...iff Wenjuan Luo that her employer, Defendants Chenlong Tan and MII Strategy, Inc., initiated a pattern and practice of sexual harassment and failure to properly compensate Plaintiff during Plaintiff's employment with Defendants. On August 15, 2019, Plaintiff Wenjuan Luo commenced this action and on May 13, 2020, filed a first amended complaint (“FAC”) against Defendants Chenlong Tan (aka Lawrence Tan) and MII Strategy, Inc. Plaintiff alleges ...

Excerpt: ... commenced this action against Defendant Jacqueline Bockar for (1) general negligence; (2) strict liability; and (3) Municipal Code violation. On December 16, 2019, Jacqueline Bockar filed a cross-complaint against Abraham Curammeng for (1) negligence. On April 28, 2020, the Court denied Defendant's ex parte application to mandate electronic service and request for sanctions. On July 1, 2020, Defendant filed a substitution of attorney, explaining...

Excerpt: ...Because the demurrers are substantially the same, this write-up cites to the Made By Johnny Group, Inc. demurrer (“MBJ Demurrer”) unless otherwise indicated. It is not clear whether Defendant Made By Johnny Group, Inc. intended to file a motion to strike; although a proposed order on the motion to strike has been filed, no motion to strike on behalf of this defendant was filed with the court. However, assuming that the motion to strike was id...

Excerpt: ...t took place in 1991. (Complaint, FR-2.) Plaintiff brought this action to allege that Defendant drafted a fictitious agreement in 1987 regarding medical examiners, lied that Plaintiff had mental depression and pancreas and kidney injury on April 4, 1985, paid the workers compensation judge, and lied about paying the judge. (Complaint, FR-2, FR-3, FIR-7.) On January 6, 2021, Plaintiff Mulji Patel, in propria persona, commenced this action against ...

Excerpt: ...endant's requests for sanctions against Plaintiff in the amount of $1,770.00. BACKGROUND: This action arises out of allegations from Plaintiff Wenjuan Luo that her employer, Defendants Chenlong Tan and MII Strategy, Inc., initiated a pattern and practice of sexual harassment and failure to properly compensate Plaintiff during Plaintiff's employment with Defendants. On August 15, 2019, Plaintiff Wenjuan Luo commenced this action and on May 13, 202...

Excerpt: ...RANTED in the amount of $5,645.00. Plaintiff's requests for sanctions are DENIED. PRELIMINARY COMMENTS: Today's discovery motions were supposed to have been the subject of an Informal Discovery Conference that was scheduled for April 14, 2021. Unfortunately, the Informal Discovery Conference was canceled because Plaintiff's counsel did not appear. (Plaintiff's counsel states that “Defendants' counsel appeared at the IDC and presumptively made f...

Excerpt: ...his tentative ruling. II. Throughout the motion, Plaintiff's counsel uses he/his pronouns for Plaintiff. (See e.g., Motion, pp. 2:23, 9:24-25.) However, the Complaint and FAC identifies Plaintiff using she/her. (See FAC, p. 6:2.) The Court is not sure if Plaintiff's counsel copied and pasted parts of this brief from another motion. Regardless, Plaintiff's counsel should be more careful in the future. BACKGROUND: Plaintiff Monica Quinones, who was...

Excerpt: ...on to allege that Defendants embezzled funds and misappropriated Plaintiff's trade secrets to start a competing business. (SAC, ¶¶ 10-41.) On November 10, 2020, Plaintiff Fivalco, Inc. d/b/a Aleum USA commenced this action and on November 13, 2020 filed a first amended complaint. On February 24, 2021, pursuant to the parties' stipulation, the Court granted Plaintiff leave to file a second amended complaint (“SAC”). Plaintiff filed the SAC a...

Excerpt: ...t 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. (FAC, ¶ 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, Plainti...

Excerpt: ...te law and fundamental rights under the United States Constitution in connection with the false imprisonment of Plaintiff JESUS ALEGRIA by Defendant Los Angeles Sheriff Deputies MIGUEL VEGA and CHRISTOPHER HERNANDEZ, which led to a severe automobile crash on April 13, 2020 in Compton, California.” (FAC, ¶ 1.) Plaintiff alleges that on April 13, 2020, he was lawfully at Wilson Park located at 123 N. Rose Ave. in Compton, California for the purp...

Excerpt: ...ibson, p. 89:22-25; p. 100:23 - p. 103:10.) The Court wishes to remind counsel that they are expected to comport themselves in accord with the Los Angeles Superior Court, Local Rules, Appendix 3.A: “Guidelines for Civility in Litigation.” BACKGROUND: 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. (C...

Excerpt: ...in Defendant's ex parte application to expunge lis pendens is GRANTED. Non-Party Setareh Kavosi's request for judicial notice is GRANTED. Defendant's ex parte application to expunge lis pendens and request for attorney's fees is DENIED. BACKGROUND: On March 5, 2021, Plaintiffs Gaia Construction, Inc. and Farzad Farhang commenced this action against Defendants Younes Abrischamchi, individually and in his capacity as a trustee of the Abrischamchi T...

Excerpt: ...endants 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: ...If plaintiff agreed that the SAC was incorrectly pleaded, the Court and its staff would not have had to spend the time analyzing a demurrer and motion to strike to a complaint that even plaintiff agrees should be sustained and/or granted. The Court's concern is heightened by the fact that this is not the first time that Plaintiff has failed to oppose a motion. Plaintiff's counsel did not oppose the Motion to Strike that was heard and granted on J...

Excerpt: ...king $246,799.78 in damages. On January 27, 2021, Plaintiff filed the instant unopposed motion for summary judgment, or in the alternative, summary adjudication. ANALYSIS: I. Motion for Summary Judgment or Adjudication A. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial i...

Excerpt: ...partnership to create a legal research company called Trellis Research Inc. and then Andrew Thaler set out on a destructive rampage with the intent to bankrupt Trellis Research Inc. (Complaint, ¶¶1-4.) Trellis Research, Inc. commenced this action (1) to hold Mr. Thaler accountable for intentionally interfering with the contractual relationships between Trellis and its investors; and (2) for a delcaration that neither Trellis nor Ms. Clark owe M...

Excerpt: ...l against Cross-Defendant Eon Escrow, Inc. entered on April 22, 2021. Cross-Defendant Eon Escrow, Inc.'s motion for attorney's fees against Cross-Complainant LAIMC is GRANTED in part in the amount of $25,925.00. BACKGROUND: This action arises out of allegations of the failure to repay a promissory note in full. On July 30, 2020, Plaintiff LA Legends LLC commenced this action against Defendants Los Angeles Immanuel Mission Church, Paul Ho Rye, Jon...

Excerpt: ...eater Knits Inc. for (1) breach of contract; (2) fraudulent transfer; and (3) Business and Professions Code section 17200, et seq. On August 20, 2020, Defendant Fashion Avenue Sweater Knits, LLC filed an answer. On January 14, 2021, Defendant Fashion Avenue Sweater Knits, LLC filed a notice of withdrawal of the answer. On January 29, 2021, Plaintiff requested that default be entered against Defendant Fashion Avenue Sweater Knits, LLC. However, de...

Excerpt: ...rd was a famous child actor in Australia during the 1970s and 1980s and is “an award nominated actress best known for playing Kitty Sullivan in the multi—award-winning period television drama “'The Sullivans.'” Ms. Hannaford is also described as being of excellent character, a beloved actress, known as in the media as “Australia's Sweetheart” and a “National Treasure.” (FAC, ¶¶ 29, 32, 156, 157, 193). The complaint alleges that ...

Excerpt: ...“The PARTY claiming confidentiality has the burden establishing that no good cause exists for the INFORMATION to be treated as CONFIDENTIAL.” But unless the Court is misunderstanding this sentence, this sentence makes no sense as written. The party claiming confidentiality might be required to show that good cause exists for the information to be treated as confidential. Conversely, the party arguing against confidentiality might be required ...

Excerpt: ...iel commenced this action on March 9, 2020 and on July 24, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendants Flashco Manufacturing, Inc. and Insperity Peo Services, L.P. for (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in an interactive process; (4) retaliation under FEHA; (5) failure to prevent harassment and discrimination; (6) interference under CFRA; (7) retaliation under CFRA; ...

Excerpt: ...io La Volpicella commenced this lemon law action against Defendant Thor Motor Coach, Inc. for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; and (2) breach of express warranty under the Song-Beverly Warranty Act. On April 7, 2021, Defendant filed the instant motion to stay action pursuant to Code of Civil Procedure section 410.30, based on grounds of inconvenient forum. ANALYSIS: I. Motion to Stay Action A....

Excerpt: ...seeks to “tax $12,119.29 of costs specified in the memorandum of costs served electronically on March 22, 2021.” (Motion, p. 4:4-5.) However, Plaintiff is actually requesting to tax costs totaling $17,784.62. However, this does not affect the Court's analysis or decision. BACKGROUND: Plaintiff commenced this action on 12/23/15 against defendants (Defendants plus Louie Tomaro and Tomaro Architecture Inc.) for specific performance. Plaintiff fi...

Excerpt: ...hat is currently pending in the Massachusetts Superior Court (Suffolk County) and bears Case No. 1984-cv-02011.” (Petition, p. 2:8-10.) Petitioner provides that the underlying action is “for breach of contract and for breach of fiduciary duty against two psychiatrists who previously rendered treatment to him between 2013 and 2016 – Michael A. Jenike, M.D. and James E. Groves, M.D.” (Id. at p. 2:18-20.) Petitioner explains that “at certa...

Excerpt: ...ful death. Defendants' petition to stay the proceedings is GRANTED. PRELIMINARY COMMENTS: The Court does not understand why this motion to compel arbitration was filed and opposed. At the Case Management Conference on March 5, 2021, both parties agreed on-the-record to binding arbitration. At the parties request, the Court stayed the action, and scheduled a post-arbitration Status Conference for March 7, 2022. Since both parties have agreed to bi...

Excerpt: ...hnny Byun, and Dong Kyu Lee Resp. Party: Plaintiff Diana Park (4) Motion to Compel Further Discovery Responses (RFPD) Moving Party: Defendants Samho Tour, Inc., Johnny Byun, and Dong Kyu Lee Resp. Party: Plaintiff Hwa Ja Park (5) Motion to Compel Further Discovery Responses (SROG) Moving Party: Plaintiffs Hwa Ja Park and Diana Park Resp. Party: Defendant Samho Tour, Inc. (6) Motion to Compel Further Discovery Responses (FROG) Moving Party: Plaint...

Excerpt: ...demurrer is SUSTAINED without leave to amend. Defendant's motion to strike is DENIED as moot. Plaintiff's motion for summary judgment is DENIED as moot. PRELIMINARY COMMENTS: In ruling on the Demurrer to Plaintiff's First Amended Complaint, the Court noted that Plaintiff's Opposition did not comply with California Rules of Court, Rule 2.108. (See Minute Order, 12/17/2020.) Plaintiff's Opposition to today's Motion to Strike the Second Amended Comp...

Excerpt: ...from an automobile incident of December 27, 2018. (Complaint, ¶ 1.) Plaintiff Mark Yeglaryan alleges he was insured by Defendants under a policy providing for automobile property damage (Policy No. 625- 7904-B23-75A). (Complaint, ¶ 14; Exh. A.) On December 27, 2018, Plaintiff alleges his automobile caught fire and burned as Plaintiff was driving on the 5 freeway in Los Angeles. (Complaint, ¶ 17.) Plaintiff notified State Farm of the fire and S...

Excerpt: ... to invest money until their death, giving death coverage to their family members.” (SAC, Introduction, p. 2:7-10.) On August 24, 2020, Plaintiff Yang Nam Kim, in propria persona, commenced this action against Defendants Korea Senior Citizens Mutual Club, Yong I. Yi, and Soo Yong Jo for (1) financial elder abuse; (2) contractual fraud; (3) breach of contract; and (4) intentional infliction of emotional distress. On November 30, 2020, the Court ...

Excerpt: ...aintiff's motions to continue hearing on Defendants' summary judgment motion and for an extension to respond to discovery are denied as MOOT. Defendant's motion for protective order is GRANTED in part. Defendant's request for sanctions is DENIED. BACKGROUND: This action arises out of allegations that “after Plaintiff Charlene Andersson, a teacher employed by Newhall School District, complained about her principal's unethical conduct regarding a...

Excerpt: ... Gibson, p. 89:22-25; p. 100:23 - p. 103:10.) The Court wishes to remind counsel that they are expected to comport themselves in accord with the Los Angeles Superior Court, Local Rules, Appendix 3.A: “Guidelines for Civility in Litigation.” BACKGROUND: 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. ...

Excerpt: ...staining 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) premises liabil...

Excerpt: ...sation matter that took place in 1991. (Complaint, FR-2.) Plaintiff alleges that Defendant drafted a fictitious agreement in 1987 regarding medical examiners, lied that Plaintiff had mental depression and pancreas and kidney injury on April 4, 1985, paid the workers compensation judge, and lied about paying the judge. (Complaint, FR- 2, FR-3, FIR-7.) On January 6, 2021, Plaintiff Mulji Patel, in propria persona, commenced this action against Defe...

Excerpt: ...ulevard, Culver City, California 90232. (Complaint, ¶ 4.) On July 22, 2020, Plaintiff OliverMcMillian Culver City Theatres, LLC commenced this action against Defendants Pacific Theatres Exhibition Corp. and Pacific Theatres Entertainment Corporation for (1) breach of lease; and (2) breach of written guaranty. On March 12, 2021, the Court denied Plaintiff's application for writ of attachment, finding that Plaintiff lacks standing because it is no...

Excerpt: ... Proc., § 2031.060, subd. (h); Code Civ. Proc., § 2023.030, subd. (a).) BACKGROUND: This action arises out of warranty obligations relating to a 2012 GMC Acadia vehicle Plaintiff purchased. (Complaint, ¶ 6.) On May 30, 2019, Plaintiff Rafael Vicente commenced this lemon law action against Defendant General Motors, LLC for (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (...

Excerpt: ...C commenced this action against Defendants LA Banquets, LLC, Vrej Sarkissian, and Hagop Supikian for (1) breach of written lease agreement; (2) waste; (3) specific performance; (4) fraud in the inducement; (5) fraud in factum; (6) breach of implied covenant of good faith and fair dealing; (7) unjust enrichment; (8) constructive trust; (9) unfair, unlawful, and fraudulent business practices; and (10) conversion. On July 16, 2020, default was enter...

Excerpt: ...rised that Defendant JE Group has, in effect, conceded the validity of Plaintiff's Motion for Summary Adjudication as to the first cause of action for violation of the CLRA. Defendant JE Group's opposition simply does not address this cause of action. Rather, Defendant JE Group's opposition – which is less than 2 pages long – only makes a procedural argument against the Court granting Plaintiff's motion. (See infra, §I(A)(2).) Had JE Group w...

Excerpt: ...h interactive process; (4) retaliation; and (5) wrongful termination in violation of public policy. On July 23, 2020, the Court denied Defendant BaronHR and Defendant Catalina Carpet Mills, Inc.'s motion to compel arbitration and stay all proceedings pending arbitration. On February 25, 2021, the Court denied Defendant BaronHR's motion for reconsideration of the motion to compel arbitration and Defendant Catalina Carpet Mills, Inc.'s joinder to t...

Excerpt: ...BACKGROUND: “This case concerns Commonwealth Land Title Insurance Company's (and its affiliated entities/businesses, collectively, ‘Commonwealth' or ‘Defendants') multi-year effort to avoid resolving CREI 1-3950, LLC's (‘CREI' or ‘Plaintiff') bona-fide title insurance claim.” (FAC, ¶ 1.) Plaintiff alleges that “the claim concerns CREI's real property located at 3950 Laurel Canyon Boulevard, in Los Angeles, California (the ‘3950 L...

Excerpt: ...e, Ernesto Agramonte, and David Carrera The demurrers are SUSTAINED with leave to amend. The motions to strike are DENIED as moot. The motion to sever is DENIED. BACKGROUND: This action arises out of allegations that the plaintiffs sustained toxic injuries after being exposed to toxic chemical products that contained toxicologically significant concentrations of benzene and benzene and formaldehyde at their workplace. (Complaint, ¶¶ 8-17.) On J...

Excerpt: ...pril 8, 2008, for the lease of business premises. (FAC, ¶ 4.) Plaintiff alleges that Defendant breached the lease agreement terms 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...

Excerpt: ...er, the ‘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 a...

Excerpt: ... ¶ ¶ 8, 11(a).) Plaintiff commenced this action on October 3, 2018 against Casa Escobar Malibu Beach, LLC and Daniel Arias for (1) sexual harassment in violation of FEHA; (2) sexual assault and battery; (3) failure to prevent sexual harassment, sexual assault, and sexual battery in violation of FEHA; (4) discrimination on the basis of disability in violation of FEHA; (5) discrimination on the basis of gender in violation of FEHA; (6) retaliatio...

Excerpt: ...t Defendant General Motors, LLC for (1) violation of Civil Code section 1793.2, subdivision (D); (2) violation of Civil Code section 1793.2, subdivision (B); (3) violation of Civil Code section 1793.2, subdivision (A)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) violation of the Magnuson-Moss Warranty Act. On March 9, 2021, Defendant filed the instant motion for protective order. ANALY...

Excerpt: ... California. Plaintiff Artur Manukyan alleges that he was taking a shower when the ceiling collapsed on his head, which was made up of drywall and bricks. As a result of the accident, Plaintiff is alleging he suffered from head, neck, ear, eye, back, and shoulder pain. Plaintiff commenced this action on August 13, 2018 and filed the operative first amended complaint (“FAC”) on October 2, 2018 against Defendant YS Properties, LLC for (1) gener...

Excerpt: ... Defendants Los Angeles Immanuel Mission Church, Paul Ho Rye, Jongkil Ryu, Jae Gyoo Jang, and Robin Windom for (1) breach of promissory note; (2) common count; (3) account stated; (4) conspiracy to defraud; (5) conversion by forgery; (6) fraud and deceit (promise made without intention to perform); (7) fraud and deceit (intentional misrepresentation); (8) cancellation of instrument; and (9) forgery in violation of Penal Code section 470. On Augus...

Excerpt: ...pril 8, 2008, for the lease of business premises. (FAC, ¶ 4.) Plaintiff alleges that Defendant breached the lease agreement terms 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...

Excerpt: ...o Group pursuant to a retail installment sale contract signed on October 27, 2019. On February 27, 2020, Plaintiff Richard Burghardt commenced this action against Defendant St. George Auto Sales, Inc. dba STG Auto Group. On July 17, 2020, pursuant to a stipulation by the parties, the Court granted leave to file a first amended complaint (“FAC”). On July 20, 2020, Plaintiff Richard Burghardt filed the FAC against Defendant St. George Auto Sale...