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...

Excerpt: ...with defendant to amend. 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 apparently agrees cannot stand as written. BACKGROUND: This action arises out of allegations that the defendants improperly sold the plaintiff's church building and improperly retained the profits without the plaintiff's consent. (Complaint, ¶¶ 1-22.) On March 6, 2020, Plaintiff Good Tidin...

Excerpt: ..., ¶ 18.) On December 23, 2020, Plaintiff Dennis J. Stankie, in propria persona, commenced this action against Defendant 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. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues o...

Excerpt: ...Plaintiff's counsel and the number and intrusiveness of Plaintiff's discovery demands. However, Defendant has not filed a motion for a protective order, or a motion for sanctions based upon Plaintiff's allegedly misogynistic interrogatories. Instead, this is a motion for allow Defendant to re-open discovery. Therefore, the contents of Plaintiff's discovery requests appear irrelevant. The Court also notes that Plaintiff's opposition refers to nume...

Excerpt: ...47.50 for the motion to compel compliance. The Court DENIES Plaintiff's request for sanctions against Defendant and its counsel for the opposition to the motion to compel compliance. The Court GRANTS Defendant's motion to compel further responses to form interrogatories. The Court DENIES Defendant's request for issue and evidentiary sanctions. The Court GRANTS Defendant's request for sanctions against Plaintiff and its counsel in the amount of $2...

Excerpt: ...s to “Skaldin v. Alexander, 2018 Cal.Super LEXIS 6678.” (Opposition, p. 3:14.) First, the court notes that this is not a correct citation of a published case. (California Rules of Court, Rule 1.200.) Second, the Court has been unable to find this case on Westlaw. It appears from Plaintiff's Reply, that this is not a published decision, but instead is a citation to a trial court ruling from the San Francisco trial court. If so, it should not h...

Excerpt: ...ial air conditioning and heating for the needs of movie and television 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...

Excerpt: ...OMPANY (‘GEICO') to timely resolve and to deny payments of benefits due to policyholders under its automobile insurance policies. At the center of the scheme is GEICO's repeated and unfounded pattern of delaying resolution and denial of valid claims. By delaying and avoiding payment of valid claims, GEICO reaps substantial financial rewards. Meanwhile, innocent policy holders, like Karla Demirozu and Mehmet Demirozu watch helplessly as their be...

Excerpt: ...LC Resp. Party: Plaintiff Anthony Sam Defendant Fidelity Surety & Investment Inc.'s demurrer is OVERRULED as moot as to the first, second, third, fourth, fifth, sixth, and seventh causes of action. Defendant Fidelity Surety & Investment Inc.'s demurrer is SUSTAINED without leave to amend as to the eighth and ninth causes of action. Defendant First American Title Insurance Company's motion for judgment on the pleadings is GRANTED without leave to ...

Excerpt: ...ns 2030.030 through 2030.090 apply to the instant motion. BACKGROUND: Plaintiff brings this action against her former employers, Defendants Cintas Acuario and Pedro Rivera, asserting allegations of a number of wage and hour violations, sexual harassment, unfair competition, and wrongful termination under the FEHA. In particular, Plaintiff alleges that Defendant Pedro Rivera inappropriately touched and groped her without her consent and that as a ...

Excerpt: ...0, 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 Laurus Corporation...

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: ...reed that arbitration was required, she should have agreed to arbitration and saved Defendant – not to mention this Court and its staff – the time and effort of drafting or analyzing this motion. Conversely, if Plaintiff believed that arbitration was not warranted, she should have opposed this motion. BACKGROUND: This action arises out of allegations of elder abuse that took place in a skilled nursing facility. On September 15, 2020, Plaintif...

Excerpt: ...herwise for a particular type of document. The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3).” (CRC, Rule 2.109.) The Court would appreciate counsel's compliance with the California Rules of Court in the future. The Court also notes that Plaintiff's Motion refers to the “Hardy Declaration, ¶5.” (Motion, p. vii:17.) The Court is not sure to what Plaintiff is citing, since Attorney Sean Hardy's de...

Excerpt: ...ctice 9 years. According to his firm's website, counsel he has been listed as a “Super Lawyers Rising Star” in 2020. (See, https://dominguezfirm.com/attorneys/jace-kim/) Yet this opposition is only 4 pages long. It is about as pro-forma an opposition has this Court has ever seen. Plaintiff's declaration (which was presumably drafted by her counsel) is short on facts; for instance, nowhere does she discuss how she was “forced to sign the arb...

Excerpt: ...mber 29, 2020, Plaintiffs Simon Benarroch and Kelly Benarroch filed a verified complaint against Defendant Alice Garakian for (1) financial elder abuse; and (2) unjust enrichment. On October 21, 2020, the Court found that cases 20STCV37257 and 19STUD06404 are not related. On December 15, 2020, Plaintiffs filed a verified first amended complaint (“FAC”) against Defendant Alice Garakian for (1) financial elder abuse; and (2) unjust enrichment. ...

Excerpt: ...es. (FAC, ¶¶ 7-24.) On June 11, 2019, Plaintiff ETC Building & Design, Inc. commenced this action and on November 9, 2020 filed a first amended complaint (“FAC”) against Defendants Mitchell Weiss and Architectural Casework and Counters, Inc. for (1) breach of contract I; (2) breach of contract II; (3) open-book account; (4) account stated; (5) fair valuation; and (6) unjust enrichment. On November 16, 2020, Architectural Casework and Counte...

Excerpt: ... Mortgage, LLC, and Smith Daley for (1) intentional sex discrimination in violation of FEHA; (2) wrongful termination in violation of public policy; (3) harassment in violation of FEHA; (4) violation of Labor Code section 970; (5) intentional misrepresentation; (6) false promise; and (7) promissory estoppel. Plaintiff alleges that as a commercial mortgage professional woman, she faced harassment and discrimination in the workplace, which was most...

Excerpt: ...contract (secured promissory note). On June 21, 2019, Kenneth Gray, Mowgly Unlimited, Inc., KAG Consulting, Inc., and 21st Century Wellness, Inc. filed a cross-complaint against Plaintiff for (1) material misrepresentation in securities transaction; (2) breach of contract; (3) rescission; (4) conversion; (5) breach of fiduciary duty and constructive fraud negligent misrepresentation; (6) fraud; and (7) violation of Penal Code section 496(c). On J...

Excerpt: ... in or around August 2017 by Gutierrez in order to conduct that partnership business and complete the Project. (Complaint, ¶ 11.) Plaintiff agreed to loan funds to Defendants in exchange for 30% of the profits from the Project. (Id. at ¶ 12.) Plaintiff alleges that Defendants defaulted under the terms of the Promissory Note and failed to pay the monies owed to him. (Id. at ¶¶ 25-29.) On February 13, 2019, Plaintiff Eduardo Guzman commenced th...

Excerpt: ...2019, Plaintiff Karen Schwartz was severely injured, suffering a severe fracture to her right lower leg, after falling down the improperly maintained stairs of the rental property she was staying in at 6627 Emmet Terrace, Los Angeles, CA 90068, . . . which, . . . is owned, leased, operated, maintained, and controlled by Defendant Tess Poblete, Defendant Stephen R. Tagud, Defendant Riboch Holdings international, LLC, and Defendant Homeaway.com, In...

Excerpt: ...nt's counsel requests that the Court grant the motion for summary judgment, or in the alternative, summary adjudication. (Id. at p. 3:1-8; p. 7:18 – p. 8:3.) However, this is actually a motion requesting that the Court determine that the settlement was entered into in good faith. The Court does not know why Defendant discusses a motion for summary judgment as well as refers to a separate statement of undisputed material facts. (See id. at p. 1:...

Excerpt: ...erences. (See Court's Trial Orders, § V.) II. The Court notes that Plaintiff prefaces all of her discovery responses with the following objections: “Objection: This interrogatory is vague and ambiguous, precluding an intelligent reply. Cembrook v. Superior Court (1961) 56 Cal.2d 423; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771. The quantity of work required to respond renders the discovery request unduly burdensome. Perkins v. Superior Court (1...

Excerpt: ...nced this action against Defendants David Ehl, D.C., Ohana Wellness Center, LLC, Dr. Ehl Chiropractic Corporation, One Life Acupuncture, APC, and Mobility Chiropractors, Inc. for (1) violation of the California Insurance Frauds Prevention Act; (2) violation of the California Unfair Competition Act; and (3) Fraud and Deceit. This is an action by ILWU-PMA Welfare Plan and as qui tam realtor on behalf of the People of the State of California, to rec...

Excerpt: ...n her disability. (Complaint, ¶¶ 10-13.) On August 1, 2018, Plaintiff Etna Micaela Ovalle Escobar commenced this action against Defendants Daesung Mode, Inc., Tae Yon Kim, and Tony Doe for (1) actual/perceived disabilities harassment; (2) actual/perceived disabilities discrimination; (3) actual/perceived disabilities retaliation; (4) failure to engage in the mandatory good-faith interactive process; (5) failure to accommodate; (6) failure to pr...

Excerpt: ...; (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. (Complaint, ¶ 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, Plaintiff Jadin Sanch...

Excerpt: ...ffs EZ Investment, LLC and Pinghua Bian commenced this action against Defendants Howard Wu and Taylor Woods for (1) breach of written guaranty; (2) breach of written guaranty; and (3) promissory fraud. On January 8, 2021, Defendants filed the instant demurrer to the third cause of action for promissory fraud. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of...

Excerpt: ...sed the case. 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 dismissed. This is not the first time that Plaintiff has failed to oppose a demurrer. On October 21, 2020, the Court found that Defendant's demurrer to the complaint was moot because Plaintiff had filed a FAC. At the time, the Court stated: “The Court is concerned that Plaintiff is pla...

Excerpt: ...agement, Sunset Beach Trust, Sunset Beach Management, California Sky Premier, LLC, and Zap Group Legal and in his capacity as trustee of the Robert Mann, Janis Mann, Peter Moore, Sandra Moore, Evan Patch, Kay Patch, Tom Meyer, Linda Meyer, Tom Chaise, Michell Chase Trust, and JP Morgan Chase Bank N.A. for (1) cancellation of deed; (2) quiet title; and (3) declaratory relief. On November 12, 2019, Plaintiffs filed a notice of lis pendens. On Decem...

Excerpt: ...7, 2019, Plaintiff Karen Schwartz was severely injured, suffering a severe fracture to her right lower leg, after falling down the improperly maintained stairs of the rental property she was staying in at 6627 Emmet Terrace, Los Angeles, CA 90068, . . . which, . . . is owned, leased, operated, maintained, and controlled by Defendant Tess Poblete, Defendant Stephen R. Tagud, Defendant Riboch Holdings international, LLC, and Defendant Homeaway.com,...

Excerpt: ...��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. (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...

Excerpt: ...reach of written contract; (2) account stated; (3) open book account; and (4) quantum meruit. On January 7, 2021, default was entered as to Defendants LW Asset Management, LLC and Lee Wong. On January 19, 2021, DOES 1 through 10 were dismissed without prejudice from this case. On January 27, 2021, Defendant Lee Wong, in propria persona, filed the instant motion to set aside entry of default. ANALYSIS: I. Motion to Set Aside Entry of Default A. Le...

Excerpt: ...s evicted with unlawful detainer for October 10, 2018 after living in 4106 Rosewood Ave Apartment Number 6 since March 01, 2014. GOD is suing 4106 Rosewood Corporation over the grounds of Hatred and Discrimination against GOD. The Defendant sought to evict the plaintiff for the motive of renting out the property at a much higher rate than the rent controlled $1200 rent on a monthly basis. Bella Kay had tried to evict God and Masoumeh Mohajer on J...

Excerpt: ...iff's deposition subpoenas for production of business records to nonparty Leaf Group Ltd. BACKGROUND: Plaintiff alleges that “this case is of a concerted, years-long effort by Defendants to deprive Plaintiff Ryan Hoffman of his equitable interest in the business he co-founded.” (Complaint, ¶ 1.) Plaintiff asserts that “based on years of advertising experience, in 2013 Hoffman developed a business model for a type of email marketing that ha...

Excerpt: ...�[A] pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers and can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” (Estelle v. Gamble, 429 U.S. 97, 106 (1976) [internal quotations omitted].) Further, “[p]roviding access to justice for self-r...

Excerpt: ...he “Property”). On August 15, 2019 Plaintiff filed a complaint against Defendants Ka Wai Kwan, Kerry Moy, and Triple 8 Restaurant, LLC alleging causes of action for: (1) breach of lease agreement; and (2) breach of lease and personal guaranty of lease. On September 19, 2019, Kerry Moy filed a cross-complaint against Triple 8 Holding Company, LLC, Kin Hui, Tasty Dining Group, LLC, and Triple 8 Restaurant, LLC for (1) express contractual indemn...

Excerpt: ... reminds counsel that it is always willing to hold an Informal Discovery Conference with counsel to resolve these issues. (See Court's Trial Order, ¶V.) Had the opposing party requested sanctions, the Court would have awarded sanctions. (See Code Civil Proc., §§ 2030.300(d), 2031.310(h).) However, as no request was made, and no information was included in the opposition from which the Court could determine the amount of sanctions to be awarded...

Excerpt: ....) 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 January 19, 2021, Defendant Jean Paul Szita filed the instant unopposed motion for determination of good faith settlement. ANALYSIS: I. Motion for Determination of Good Faith Settlement A. Legal Standard "(a...

Excerpt: ...hnny Byun, and Dong Kyu Lee Resp. Party: Plaintiff Diana Park (4) Motion to Compel Decedent's and Plaintiffs' Authorization to Release Telephone Records Moving Party: Defendant Samho Tour, Inc., Johnny Byun, and Dong Kyu Lee Resp. Party: Plaintiffs Hwa Ja Park and Diana Park The motion to compel further responses to Form Interrogatories, as to Plaintiff Hwa Ja Park, is GRANTED in part and DENIED in part. Plaintiffs' request for sanctions relating...

Excerpt: ...1) violation of Consumer Legal Remedies Act, Civil Code section 1750, et seq.; (2) violation of Business & Professions Code section 17200; (3) violation of Business & Professions Code section 17500; (4) fraud-intentional misrepresentation; (5) negligent misrepresentation; and (6) action on bond. On June 20, 2019, Beverly Hills Car Club, Inc. filed a cross-complaint against Exact 10, LLC and on December 10, 2019, Beverly Hills Car Club, Inc. filed...

Excerpt: ...reinafter referred to as ‘Plaintiff'], a disabled Latino male, over 40, from El Salvador who was employed by Defendant BIONUTRACEUTICALS INC. [hereinafter referred to as ‘EMPLOYER'], as a laborer working in Defendant EMPLOYER's powder room who complained about and protested unsafe work conditions and mistreatment.” (SAC, ¶ 1.) Plaintiff alleges that he “was wrongfully terminated from his employment with Defendant EMPLOYER on or about Jul...

Excerpt: ...f the time and expense of analyzing this motion. Conversely, if Plaintiff believed that the arbitration agreement was invalid and that this case should proceed in the Los Angeles Superior Court, counsel should have opposed the motion. BACKGROUND: This action arises out of a retail installment sales contract for the purchase of a 2019 Chevy Trax vehicle and allegations that the vehicle was not in excellent condition when sold, contrary to Defendan...

Excerpt: ...ontesting Application for Determination of Good Faith Settlement (Destiny Garcia) Moving Party: Defendant Cruizers Express, LLC Resp. Party: Defendant Isabel Guillen (4) Motion Contesting Application for Determination of Good Faith Settlement (Griselda Nieves) Moving Party: Defendant Cruizers Express, LLC Resp. Party: Defendant Isabel Guillen (5) Motion Contesting Application for Determination of Good Faith Settlement (Destiny Garcia) Moving Part...

Excerpt: ...stroke while at work and after he requested reasonable accommodations. (Complaint, ¶¶ 15-21.) On September 18, 2020, Plaintiff Leonides Birrueta commenced this action against Defendant Uma Enterprises, Inc. for (1) wrongful termination in violation of public policy; (2) denial of and discrimination based upon the use of sick leave (Labor Code sections 233, 234, and 246.5); (3) retaliation for disclosing violations of law (Labor Code sections 11...

Excerpt: ... People of the State of California ex rel. Alison Tonti (“Plaintiff”) commenced this action on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H Testing, Inc.; Avee Laboratories, Inc.; M-Brace Treatment, Inc.; Sobertec, LLC; Millennium Health, LLC; Upfront Labs, LLC; Gloriosa Management, LLC; Gregory Van Dyke; UB Laboratories, Inc.; Cordova Medical Group, Inc.; ...

Excerpt: ...imitations for the wrongful death claim and as to the sufficiency of allegations regarding the DOE defendants. The Court GRANTS in part and DENIES in part Defendants' motion to strike. 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 medic...

Excerpt: ...g Solutions Resp. Party: Defendants MyMail, Ltd., MyMail Management, LLC, Derby Enterprises, LLC, and Robert Derby Both motions are taken OFF CALENDAR. The Court orders the parties to attend an informal discovery conference prior to ruling on this motion. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34's judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery confe...

Excerpt: ...g Solutions Resp. Party: Defendants MyMail, Ltd., MyMail Management, LLC, Derby Enterprises, LLC, and Robert Derby Both motions are taken OFF CALENDAR. The Court orders the parties to attend an informal discovery conference prior to ruling on this motion. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34's judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery confe...

Excerpt: ...ced this action against Defendants Out the Blue Records, LLC, Donte Liggins, and Nicole Prater for (1) breach of fiduciary duty; (2) accounting; (3) conversion; and (4) declaratory relief. On November 19, 2020, Plaintiff filed the first amended complaint (“FAC”) against Defendants for (1) breach of fiduciary duty; (2) accounting; and (3) declaratory relief. On December 22, 2020, Defendants filed the instant demurrer to the FAC. ANALYSIS: I. D...

Excerpt: ...equests to Amend Moving Party: Defendant Carlos X. Montano Resp. Party: Plaintiff People of the State of California ex rel. Alison Tonti The Court GRANTS the three motions to deny requests to amend. BACKGROUND: Plaintiff People of the State of California ex rel. Alison Tonti (“Plaintiff”) commenced this action on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H...

Excerpt: ... Plaintiff commenced this action on May 18, 2016. On August 16, 2017, Plaintiff filed a First Amended Complaint against Defendants HC Automotive, Inc. (“HCA”), RHC Automotive, Inc. (“RHC”), Capital One National Association (“Capital One”) (collectively “the HCA parties”), FCA US LLC (“FCA”), and Aegis Security Insurance Company (“Aegis Security”). The FAC asserted causes of action for (1) violation of the Consumer Legal Re...

Excerpt: ...amend. BACKGROUND: Plaintiff Alejandro Pulido brings this action based on allegations “arising from retaliation and wrongful termination of an employee who had made bona fide complaints to responsible parties for conduct that was negligent, unsafe, and unlawful and negatively impacted his ability to do his job.” (FAC, p. 2:2-5.) Plaintiff alleges that “in response, his supervisors and a third-party employer combined to engage in a pattern o...

Excerpt: ...�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. (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,...

Excerpt: ...ted his ability to do his job.” (FAC, p. 2:2-5.) Plaintiff alleges that “in response, his supervisors and a third-party employer combined to engage in a pattern of behavior to harass and annoy him, which conduct was known to but uncorrected by the third-party employer, and ultimately created pretextual grounds for terminating his employment for the perceived benefit of the third party.” (Id. at p. 2:5-8.) On August 3, 2020, Plaintiff Alejan...

Excerpt: ...ommercial, LLC, Jeffrey Roman Narlock, and Charisse Clay for (1) Equal Pay Act violation; (2) discrimination based on gender; (3) unlawful sexual harassment in violation of FEHA; (4) failure to prevent discrimination and retaliation; (5) retaliation; (6) sexual assault and battery; and (7) wrongful termination in violation of public policy. Plaintiff alleges that when she was promoted to a Field Sales Director, Defendants did not treat her the sa...

Excerpt: ...timeliness of the cross-complaint. The cross-complaint may well have been filed untimely as it was due before or at the same time the answer was due. (Code Civ. Proc., § 428.50, subd. (a).) The answer was filed on April 14, 2020. Cross- Complainant did not file the cross-complaint until October 13, 2020. Cross-Complainant needed to obtain leave of court to file a cross-complaint, but failed to do so. (Code Civ. Proc., § 428.50, subd. (c). Howev...

Excerpt: ... fees for the applications to filed under seal and provide proofs of payment to the Court. The Court DENIES Defendant's motion for an order requiring Plaintiff to post a bond in the amount of 194,800.00. BACKGROUND: In bringing this action against Defendant Gurucul Solutions, LLC, Plaintiff Adrian Madden alleges that “Gurucul, a Los Angeles computer information security company[, . . . ] owes a former employee, Adrian Madden, $37,883.75 in outs...

Excerpt: ...S: I. This lawsuit arises from Plaintiff's allegation that he was shorted approximately $37,666.35 in commissions. There have already been at least five motions filed in this case: Defendant's demurrer (heard on 7/17/20); Defendant's anti-SLAPP motion (scheduled for 9/29/20, but taken off-calendar after Plaintiff understood the merits of the motion, and agreed to pay $8,000.00 to Defendant in attorney's fees for the motion); Defendant's Motion to...

Excerpt: ...eople seek civil penalties to punish multiple violations of California's Regulation on Commercialization of Alternative Diesel Fuels (ADF regulation) promulgated by the Air Board (Cal. Code Regs., tit. 13, § 2293 et seq.), along with injunctive relief to prevent defendants from violating those laws in the future.” (Complaint, ¶ 1.) On August 10, 2020, Plaintiff People of the State of California ex. rel. California Air Resources Board (“the ...

Excerpt: ...he Court GRANTS Defendant's requests for sanctions against Plaintiff and its counsel, in the amount of $3,270.00. PRELIMINARY COMMENTS: On September 14, 2020, Defendant filed motions to compel. Plaintiff did not file an opposition, and the Court granted the motion on October 16, 2020. On December 15, 2020, Defendant filed these two motions to compel further responses. Once again, Plaintiff has not opposed the motion. The Court finds Plaintiff's n...

Excerpt: ...rises from Plaintiff's allegation that he was shorted approximately $37,666.35 in commissions. There have already been four motions filed in this case: Defendant's demurrer (heard on 7/17/20); Defendant's anti-SLAPP motion (scheduled for 9/29/20, but taken off-calendar after Plaintiff understood the merits of the motion, and agreed to pay $8,000.00 to Defendant in attorney's fees for the motion); Defendant's Motion to Strike (heard on 11/23/20); ...

Excerpt: ...r employees. Conenza offers it [sic] services throughout the world, including in the State of California and Los Angeles County.” (Complaint, ¶ 5.) “In December 2019, Conenza announced that it would merge with IntraWorlds, a Munich-based talent relationship management software provider. IntraWorlds provides certain similar but not identical software services to Conenza.” (Id. at ¶ 6.) “Defendant EnterpriseJungle is a direct competitor o...

Excerpt: ...unt of $25,168.07, which includes $24,305.00 for attorneys' fees and $863.07 in costs and expenses. The Court GRANTS Defendants' motion to strike the memorandum of costs. PRELIMINARY COMMENT: In this motion, Plaintiff's counsel refers to her client – who is a man – as both a male and a female, and as both a singular plaintiff and as multiple plaintiffs. (See, e.g., Motion, Caption “Plaintiffs”; p. 2:9-10 “Plaintiffs”); p. 3:24 “his�...

Excerpt: ...ision 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, ag...

Excerpt: ...agreed to amend the complaint or file a first amended complaint. Had she done so, the court and its staff would not have had to spend the time analyzing a motion to strike to a complaint that even plaintiff agrees should be granted. BACKGROUND: This action arises out of a controversy involving real property known as 14638 Moody Street, Panorama City, California, 91402. (Complaint, ¶¶ 1-2.) On October 7, 2020, Plaintiff Phanphen Chanachit commen...

Excerpt: ... Court to file a second amended complaint. (As indicated below [see §I(B)(1)], Plaintiff's First Amended Complaint, although received by the Court, was not timely filed.) The Court finds such silence to be troubling. If plaintiff believed that the demurrer should be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, he should have agreed when meeting-and-conferring with defendants to timel...

Excerpt: ...GROUND: 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 Mayor Mark Radecki (“Radecki”) and members of the City Council Cory Moss (“Moss”) and Newell Ruggles (“Ruggles”) (collectively the “City Council Defendants”); a member of the Planning Commission Andria Welch (“Welch...

Excerpt: ...t Defendant Jose Cruz for declaratory relief. Plaintiffs allege that Defendant took advantage of his long-term relationship with Plaintiff Houri Karubian, an elderly woman who is 87-years old, to create a sham lease that provided for a 20-year rent- free occupancy of the premises by Defendant Cruz for and a rent-free lease for a garage for 100 years. Plaintiffs sought a judicial determination that the sham lease is null, void and unenforceable, a...

Excerpt: ... 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 State Farm opened a claim (Claim No. 75-7095-X35.) (Complaint, ¶ 18.) State Farm o...

Excerpt: ...$3,217.50. BACKGROUND: This case arises out of allegations that Defendant Jeffrey Kang refused to return to Plaintiff and her parents different loans, bitcoin investment transfers, and an emotional support dog, Ralph. (FAC, ¶¶ 5- 14.) On February 5, 2020, Plaintiff Muni He commenced this action against Defendant Jeffrey Kang for (1) breach of oral contract; (2) breach of oral contract; (3) fraud; (4) conversion; and (5) account stated. On April...

Excerpt: ...her client – who is a man – as both a male and a female, and as both a singular plaintiff and as multiple plaintiffs. (See, e.g., Motion, Caption “Plaintiffs”; p. 2:9-10 “Plaintiffs”); p. 3:24 “his”, p. 11:12 “her”; p. 17:20 “he.”) The Court reminds Plaintiff's counsel that the motion should include the pronoun with which the Plaintiff identifies. It does not enhance counsel's prestige with the Court for counsel to simply ...

Excerpt: ...endant's anti-SLAPP motion raises the same question. The answer is the same: an alleged extortion scheme is not protected by the First or Fourteenth Amendments, and is not subject to an anti-SLAPP motion. BACKGROUND: “This action is based upon the tortious and corrupt conduct of the defendant City of Commerce illegally conspiring with a convicted felon and disgraced former Bell city councilmember, defendant Beltran, to develop a plan in which e...

Excerpt: ...Diaz, Jonathan Majano, by and through his Guardian Ad Litem Silvia Diaz, Angel Majano, by and through his Guardian Ad Litem Silvia Diaz, Maria Velasquez, and Gerardo Ricalday against Defendant Main 66th, LLC for (1) untenantable dwelling; (2) breach of the implied warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) nuisance; (5) violation of Unfair Competition Law; (6) negligence; and (7) negligence. On May 17, 2019, the ...

Excerpt: ...f corporate funds in connection with Plaintiff's purchase of Defendant's stock. (Complaint, p. 1:16-19.) On September 30, 2020, Plaintiff Andrew K. Chung, as Trustee of the A. Chung Family Trust, commenced this action against Defendants AWP Energy, Inc., Manho Joung aka Benjamin Joung, and Jun Hee Kim for (1) breach of contract; (2) conversion; (3) rescission; (4) breach of fiduciary duty; and (5) fraudulent transfer. On November 25, 2020, Defend...

Excerpt: ..., the personal representative or successor-in- interest must file a motion with the court to allow the action to be continued by Plaintiff's personal representative or successor-in-interest. (Code Civ. Proc., § 377.31.) Further, if the person seeking to continue the action is decedent's successor-in-interest, they must execute and file an affidavit or declaration as prescribed by Code Civil Procedure § 377.32. Masoumeh Mohajer, Plaintiff's moth...

Excerpt: ...f pending action of person with a disability is GRANTED. BACKGROUND: This action arises out of allegations that from July 19, 2016 through July 26, 2019, Defendant Bojorquez, a health care worker then employed by Defendant Cambrian Homecare, Inc., repeatedly stole personal property and money from Plaintiff, a disabled person suffering from Down Syndrome, and also repeatedly threw writing pens at Plaintiff. On February 21, 2020, Plaintiff Liza Can...

Excerpt: ...Exh. 6-005]; p. 215 [“Pl.'s Ex. 1-003; p. 2:16 [“Ex. 2-003”]; p. 2:26-27 [Pl.'s Exh. 2-001].) None of these exhibits are part of the record in this motion; in fact, the Court does not even know to which exhibits Defendant is referring. Hence, the Court will not consider these alleged exhibits or the argument allegedly supported by them. Further, Defendant accuses Plaintiff of spending the rent money on “drugs, alcohol and . . . expensive ...

Excerpt: ...'s work on the Star Wars franchise. Plaintiffs bring this action against Defendant Ram Bergman, based on allegations that Defendant Bergman interfered with Defendant Johnson's contract with Plaintiffs. On March 18, 2016, Plaintiff Brian Dreyfuss commenced this action against Defendants Rian Johnson and Ram Bergman and on May 2, 2016, Plaintiffs Brian Dreyfuss and Featured Artist Agency, Inc. filed a first amended complaint for (1) breach of impli...

Excerpt: ... Inc. and The Western Surety Company for (1) violation of Consumer Legal Remedies Act, Civil Code section 1750, et seq.; (2) violation of Business & Professions Code section 17200; (3) violation of Business & Professions Code section 17500; (4) fraud-intentional misrepresentation; (5) negligent misrepresentation; and (6) action on bond. On June 20, 2019, Beverly Hills Car Club, Inc. filed a cross-complaint against Exact 10, LLC and on December 10...

Excerpt: ...arises from Plaintiff's allegation that he was shorted approximately $37,666.35 in commissions. There have already been four motions filed in this: Defendant's demurrer (heard on 7/17/20); Defendant's anti-SLAPP motion (scheduled for 9/29/20, but taken off-calendar after Plaintiff understood the merits of the motion, and agreed to pay $8,000.00 to Defendant in attorney's fees for the motion); Defendant's Motion to Strike (heard on 11/23/20); and ...

Excerpt: ...Bakery. From April to July 2016, Sapphire Bakery manufactured Primal Whey and Paleo protein bars utilizing Defense Nutrition's formulas and ingredients provided by Eagle Mist. The following individuals involved in this case are the CEOs of the respective business entities: Bruce Olsen, of Sapphire Bakery; Ori Hofmekler, of Defense Nutrition; Kevin Laughlin, of Eagle Mist; Heath Squier, of Julian Bakery. Due to a variety of issues, all production ...

Excerpt: ...ard Burghardt Resp. Party: Defendant St. George Auto Sales, Inc. The motions to compel further discovery responses are DENIED as moot. The Court GRANTS Plaintiff's request for sanctions against Defendant and its counsel in the amount of $2,884.95. BACKGROUND: Plaintiff Richard Burghardt brings this action to recover damages for the wrongful repossession of his 2017 Dodge Ram 1500 by defendant St. George Auto Sales, Inc. dba STG Auto Group. Plaint...

Excerpt: ...and First Republic bank for (1) breach of contract; (2) foreclosure of mechanic's lien; and (3) quantum meruit. Plaintiff alleges that it entered into a written contract with Defendants Ludmila Raigorodsky and Shaul Raigorodsky to perform work that improved their property. (Complaint, ¶ 10.) Plaintiff alleges that after it performed work in good faith, Defendants refused to pay for portions of the work that Plaintiff completed. (Ibid.) On Novemb...

Excerpt: ...ber 17, 2020 as Exhibit A to the motion, which seeks accrued interest in the amount of $19,172.41. (Motion, Ex. A, p. 1, ¶ 3.) The memorandum of costs was never filed with the Court before the instant motion was filed. Instead, Plaintiff Liang filed a memorandum of costs on October 20, 2020 and attached a proof of service of the memorandum of costs, indicating that it was served on Ji Li on September 17, 2020. Despite the fact that this motion w...

Excerpt: ...rahey is DENIED. BACKGROUND: On March 11, 2019, Plaintiff Joyce Allen commenced this action against Defendants Staples, Inc., Staples Contract & Commercial, LLC, Jeffrey Roman Narlock, and Charisse Clay for (1) Equal Pay Act violation; (2) discrimination based on gender; (3) unlawful sexual harassment in violation of FEHA; (4) failure to prevent discrimination and retaliation; (5) retaliation; (6) sexual assault and battery; and (7) wrongful term...

Excerpt: ...ighth causes of action; SUSTAINED with leave to amend as to the third and fourth causes of action; and OVERRULED as to the seventh cause of action. Defendants Bergamon, Inc., Kevin Jiang, Peter Liew, and Grey Acres, LLC's demurrer is SUSTAINED without leave to amend as to the second, fifth, sixth, and eighth causes of action; SUSTAINED with leave to amend as to the third and fourth causes of action; and OVERRULED as to the seventh cause of action...

Excerpt: ...FCA US LLC and Van Nuys Chrysler Dodge Jeep Ram for (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (a)(3) of Civil Code section 1739.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) negligent repair. On July 1, 2020, Plaintiffs filed a first amended complaint (“FAC”) against Defen...

Excerpt: ...D: 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 Mayor Mark Radecki (“Radecki”) and members of the City Council Cory Moss (“Moss”) and Newell Ruggles (“Ruggles”) (collectively the “City Council Defendants”); a member of the Planning Commission Andria Welch (“Welch”);...

Excerpt: ...ct to certain Covenants, Conditions, and Restrictions (“CC&Rs”). (SAC, ¶¶ 10-11.) On April 10, 2020, Plaintiff Cheryl Maisel commenced this action and on April 21, 2020, filed first amended complaint (“FAC”) against Defendants Country Glen Homeowners Association, Inc., LB Property Management, Inc., Christian Zayek, Rosana Ayoub, and Veronika Obeng for (1) private nuisance; (2) breach of CC&Rs; (3) intentional infliction of emotional dis...

Excerpt: ...tiff Bahram Jaridian commenced this lemon law action and on September 23, 2020 filed his first amended complaint (“FAC”) against Defendants Subaru of America, Inc. and Galpin Subaru 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...

Excerpt: ...iring with a convicted felon and disgraced former Bell city councilmember, defendant Beltran, to develop a plan in which each would profit off the issuance of marijuana dispensary licenses in the city of Commerce. Specifically, defendant City of Commerce would grant or deny qualified cannabis business license applications based upon whether or not the applicants engaged the lobbying services of defendant Beltran, who in turn agreed to pay kickbac...

Excerpt: ... commenced this action against Defendants Trans West Investigations, Inc. and Antonio Villanueva for (1) unlawful installation of GPS tracker in violation of Penal Code section 637.7; (2) invasion of privacy in violation of Civil Code section 1708.8; (3) negligent infliction of emotional distress; and (4) intentional infliction of emotional distress. On August 25, 2020, Plaintiff David Babaie filed a first amended complaint (“FAC”) against De...

Excerpt: ...aint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers and can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” (Estelle v. Gamble, 429 U.S. 97, 106 (1976) [internal quotations omitted].) Further, “[p]roviding access to justice for self-represented litiga...

Excerpt: ...Heath and Rehabilitation Center (Doe 1) and Savaseniorcare Administrative Services, LLC (Doe 2) (3) Motion to Compel Terms of Settlement Moving Party: Plaintiff S. David Sedaghat Resp. Party: Defendants SSC Tarzana Operating Company, LP dba Tarzana Heath and Rehabilitation Center (Doe 1) and Savaseniorcare Administrative Services, LLC (Doe 2) The motion to vacate dismissal is DENIED. The motion to vacate order granting Defendants' motion to compe...

Excerpt: ...of software made by Fannie Ma.” (FAC, ¶¶ 1.) On December 19, 2019, Plaintiff Adrian Madden commenced this action against Gurucul Solutions, LLC for (1) breach of contract; (2) failure to pay wages; and (3) quantum meruit. On July 17, 2020, the Court sustained Defendant's demurrer to the second cause of action with leave to amend. On August 17, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of cont...

Excerpt: ...pel Further Discovery Responses to Request for Production Moving Party: Plaintiff David Chavez Resp. Party: Defendant FCA US, LLC (5) Motion to Compel Further Discovery Responses to Request for Admission Moving Party: Plaintiff David Chavez Resp. Party: Defendant FCA US, LLC The motion to compel deposition and production of documents is GRANTED. The motions to compel further discovery responses are taken OFF CALENDAR. The Court orders the parties...

Excerpt: ...ther discovery responses to the special interrogatories is DENIED. Plaintiff's request for sanctions against Defendant and its counsel is DENIED. Defendant's request for sanctions is DENIED. BACKGROUND: This action arises out of Plaintiff Mary Cruz Crespo's allegations unlawful employment practices she endured based on her physical disability while working as Clothing Sorter at Defendant Culmin Staffing Group, Inc.'s business located at 7344 Band...

Excerpt: ...at her employer Defendant Jae Park engaged in a pattern of sexual harassment against her based on her gender and ultimately terminated her employment on June 28, 2019, due to her sex, for refusing the sexual advances of Park, and in retaliation for protesting sexual harassment. (Complaint, ¶¶ 8-19.) On May 14, 2020, Plaintiff Noyemi Karoyan commenced this action against Defendants Hyundai of Glendale, LLC and Jae Park for (1) sexual harassment ...

Excerpt: ...ed from her employment on January 19, 2019, because of her hand injury and work restrictions. (Complaint, ¶¶ 18-34.) On July 23, 2020, Plaintiff Yadira Velasquez commenced this FEHA action against Defendants Northgate Gonzalez Markets, Inc., Northgate Gonzalez, Inc., and Jose Garcia for (1) discrimination in violation of Gov. Code §§ 12940 et seq.; (2) harassment in violation of Gov. Code §§ 12940 et seq.; (3) retaliation in violation of Go...