Excerpt: ...uses of action. Cross-Defendant's motion to strike is GRANTED. PRELIMINARY COMMENT: Pursuant to California Rules of Court, rule 8.74(a)(1), the format of documents filed electronically must be text-searchable while maintaining original document formatting. Cross- Defendant has failed to comply with Rule 8.74(a)(1) in that none of the documents they electronically filed were text-searchable. The Court directs the parties that they must comply with...

Excerpt: ... in habitable conditions, including electrical deficiencies, plumbing deficiencies, lack of hot water, water leaks, floors and walls containing mold and mildew, insect infestations, pest infestations, security and safety deficiencies, storage deficiencies, and loss of use of the premises for varios periods of times for years of 2015, 2016, 2017, 2018, 2019 and to the present. (Complaint, ¶ 8.) On April 4, 2019, Plaintiffs Vilma Figueroa, Jorge L...

Excerpt: ...TED in part. BACKGROUND: “This is an action by Plaintiff, EULICES JIMENEZ, [hereinafter 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.” (FAC, ¶ 1.) Plaintiff alleges that he “was w...

Excerpt: ... when a new proposed order is given to the Court with the changes made as indicated below. BACKGROUND: This PAGA action arises from the Thermal Operating Company, LLC's alleged failure to reimburse employees for any portion of their cell phone bills. (Complaint, ¶ 13.) On June 8, 2020, Plaintiff Vanessa Ayon, an individual and as a proxy for the State of California, commenced this action against Defendant Thermal Operating Company, LLC for (1) P...

Excerpt: ... 2.) The Court believes that this is an incorrect reading of these Labor Codes. These statutes protect employees from retaliation by their employer or any person acting on behalf of the employer. They do not protect a person from “retaliation” by a non-related third party. However, Defendant did not demur to the FAC on the grounds that it is not covered by Labor Code §§ 98.6 and 6310. Since this issue was not briefed and is not before the C...

Excerpt: ...ode of Civil Procedure Section 340.6, subdivision (a). The motion is DENIED as to Liao's causes of action for fraud (false- promise and fraud in the inducement) and exemplary damages. PRELIMINARY COMMENTS: Nakatsu's Request for Judicial Notice is captioned “me, an Individual, Cross-Plaintiff Vs. Yusi Liao, an Individual, and Does 1-50, Cross-Defendants.” (Request for Judicial Notice, p. 1:11-14.) It also states that the attorneys filing the d...

Excerpt: ...s written warranty under the Song-Beverly Warranty Act; and (3) fraudulent inducement – concealment. On July 16, 2020, Defendant General Motors, LLC filed the instant demurrer and motion to strike. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the d...

Excerpt: ...-searchable while maintaining original document formatting. Defendants have failed to comply with Rule 8.74(a)(1) in that none of the documents they electronically filed were text-searchable. The Court directs the parties that they must comply with California Rules of Court regarding proper electronic filing. BACKGROUND: Plaintiff Suzanne Ruelas, a female Hispanic individual who is more than 40 years old, brings this action because she alleges th...

Excerpt: ...ers 32, 33, 34, 35, 52, 53, 56, 59, 70, 71, 81, 82, and 83. The Court DENIES Plaintiff's motion to compel further responses and responsive documents to 1-31, 36-51, 57, 58, 60-69, 72-80, 84-98. PRELIMINARY COMMENTS: Although the Court has ruled on this discovery motion, the Court reminds counsel that they could have saved clients a lot of money, and saved the court and counsel a lot of time, had they scheduled an Informal Discovery Conference to ...

Excerpt: ...rs 32, 33, 34, 35, 52, 53, 56, 59, 70, 71, 81, 82, and 83. The Court DENIES Plaintiff's motion to compel further responses and responsive documents to 1-31, 36-51, 57, 58, 60-69, 72-80, 84-98. PRELIMINARY COMMENTS: Although the Court has ruled on this discovery motion, the Court reminds counsel that they could have saved clients a lot of money, and saved the court and counsel a lot of time, had they scheduled an Informal Discovery Conference to d...

Excerpt: ...horities discusses a Motion in Limine No. 2 and “highly sensitive personal information relating to Plaintiff's minor child, who is not a party to this action.” (Application, p. 2:13-15.) Plaintiff also cites to the declaration of counsel Carney R. Shegarian; however, the declaration attached to the Application is from Plaintiff's other counsel, Aaron G. Gbewonyo. (Id. at p. 2:11-15; Gbewonyo Decl.) Further, despite a lack of opposition, Plain...

Excerpt: ...action against Defendant FCA US LLC for violations of (1) Song-Beverly Act; and (2) Magnuson-Moss Act. On September 25, 2020, Plaintiff filed the instant motion to compel deposition documents from Defendant FCA US LLC and request for sanctions in the amount of $3,600.00 against Defendant FCA US LLC. ANALYSIS: I. Motions to Compel Deposition Documents A. Legal Standard The service of a deposition notice under Code of Civil Procedure section 2025.2...

Excerpt: ...7, 19STCV24462, and 19STCV33077. Plaintiffs, State Farm General Insurance Company and Travelers Commercial Insurance Company bring separate actions against Rusnak/Westlake dba Rusnak BMW for subrogation, negligence, and breach of warranty. Both Plaintiffs allege that as a result of BMW's negligent design and Rusnak/Westlake's negligent maintenance, Yvonne Yeong Choi's BMW i3 caught on fire while it was parked in her garage and this resulted in su...

Excerpt: ..., and fails to include line numbers. (Cal. Rules of Court, rules 2.108, 3.1113(d)-(g).) Although Defendant Michael Frawley is representing himself in pro per, he is, in fact been licensed as an attorney in California since 1982. The Court expects that Defendants comply with all rules of court in future filings. BACKGROUND: Plaintiff alleges that Defendants, while representing Plaintiff's spouse in divorce proceedings, “caused Plaintiff's person...

Excerpt: ...nt of $7,285.00 is GRANTED. BACKGROUND: On October 18, 2018, Plaintiff HNL Properties, LLC commenced this action against Defendant City of Signal Hill for breach of contract. Plaintiff alleges that it entered into a Disposition and Development Agreement (“DDA”) and a first amendment thereto (“First Amendment” with the Signal Hill Redevelopment Agency which was a part of the City of Signal Hill. (Complaint, ¶ 6.) Plaintiff alleges that th...

Excerpt: ...ology companies. The partners agreed that the partnership would leverage Mr. Han's experience in evaluating investment opportunities. The three partners worked together closely and raised capital. Using funds raised for the partnership, leveraging the partnership's investment thesis Mr. Han developed and drafted, Mr. Jiang made several investments into early stage companies under the umbrella of the general partnership, consulting Mr. Han for due...

Excerpt: ...n Sedaghat and Michael Sedaghat (joinder to motion) (3) Motion for Leave to Intervene or Alternatively File Supplemental Pleading 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) (4) Motion to Disqualify Counsel Moving Party: Plaintiff S. David Sedaghat Resp. Party: Plaintiffs Allen Sedagha...

Excerpt: ...ology companies. The partners agreed that the partnership would leverage Mr. Han's experience in evaluating investment opportunities. The three partners worked together closely and raised capital. Using funds raised for the partnership, leveraging the partnership's investment thesis Mr. Han developed and drafted, Mr. Jiang made several investments into early stage companies under the umbrella of the general partnership, consulting Mr. Han for due...

Excerpt: ...endent contractors instead of employees. All of the plaintiffs except for Alma Delia Escobar eventually settled their cases. By the time Ms. Escobar's case went to trial, she was representing herself. A two-day court trial was held on January 13-14, 2020. On January 14, 2020, the Court granted Defendants' request for non-suit pursuant to CCP §631.8. At the time, the Court stated on the record that Defendants had not proved that Ms. Escobar was a...

Excerpt: ...fs do not request that the Court take judicial notice of this exhibit. Even if that was Plaintiffs' intent, the Court would deny this request because Plaintiffs failed to comply with California Rules of Court, rule 3.1113(l), by making this request in a separate document listing the specific items which notice is requested. The caption and notice of demurrer state that Defendants are demurring to the “Complaint,” but they really are demurring...

Excerpt: ...BErel Wilhelm SUBJECT: (3) Motion to Quash Deposition Notices, Alternatively, to Stay the Depositions (Ministerios Christianos Guerreros De Jehova) Moving Party: Defendant Ministerios Cristianos Resp. Party: Plaintiffs Harvey Kreitenberg, Eli Krich, Yoseph Chazanow, Eli Chitrik, and BErel Wilhelm SUBJECT: (4) Motion for Protective Order of Michael Rosenberg Regarding Plaintiffs' First Set of Requests for Production Moving Party: Defendant Michael...

Excerpt: ... out of allegations that a former employee misappropriated Plaintiff's customer database, proprietary business information, and software database to set up a competing business. (Complaint, ¶¶ 9-20.) On February 27, 2019, Plaintiff TMTE Inc. commenced this action against Defendant Alexander Spellane for (1) breach of contract; (2) breach of fiduciary duty; (3) tortious interference with prospective economic relationships; (4) fraud; (5) constru...

Excerpt: ...aud by omission. Defendant's motion to strike is DENIED. BACKGROUND: Plaintiffs' case arises out of the warranty obligations of Defendant for a 2013 Kia Optima vehicle Plaintiffs purchased on August 11, 2013. (See Compl., ¶ 9.) On July 2, 2020, Plaintiffs Luis Vasquez, Blanca G. Mariona, and Brenda P. Mariona commenced this lemon law action against Defendant Kia Motors America, Inc. (“Kia” or “Defendant”) for (1) violation of Song-Beverl...

Excerpt: ..., J.McDonnell, Wallace, Ruiz, Zolnouni, Wilmore, Kionian, Banquelos, Negretti, Osegura, and Chin for general negligence, intentional tort, premises liability, slander, fraud, defamation, legal malpractice, and state and federal constitutional violations, seeking damages in the amount of $10.7 million dollars. On November 14, 2019, Plaintiff filed a first amended complaint against Defendants Mens Central Jail, A. Villanueva, J. Wallace, N. Ruiz, P...

Excerpt: ... Suite A-120, Los Angeles, CA 90015 (the “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, ...

Excerpt: ...tiff Joel Paschal (4) Joinder to Motion for Summary Judgment, or in the alternative Summary Adjudication Moving Party: Defendant Peter Lugo Resp. Party: Plaintiff Joel Paschal Plaintiff's Joel Paschal's motion for summary adjudication is DENIED. Defendant Peter Lugo's motion for summary adjudication is GRANTED. Defendants Cre8 MBR, LLC, Marc Williamson, Brett Williamson, John Williamson's motion for summary judgment is GRANTED. Defendant Peter Lu...

Excerpt: ...d relating to almost identical . . . claims.” (Demurrer, p. 4:20-28 [evidence in original].) Counsel then cites the court to two other minute orders – both by the same judge of the Los Angeles Superior Court. “A written trial court ruling in another case has no precedential value.” (Budrow v. Dave & Buster's of California (2009) 171 Cal.App.4th 875, 885; Bolanos v. Superior Court (2008) 169 Cal.App.4th 744, 761; In re Molz (2005) 127 Cal....

Excerpt: ...tiff Joel Paschal (4) Joinder to Motion for Summary Judgment, or in the alternative Summary Adjudication Moving Party: Defendant Peter Lugo Resp. Party: Plaintiff Joel Paschal Plaintiff's Joel Paschal's motion for summary adjudication is DENIED. Defendant Peter Lugo's motion for summary adjudication is GRANTED. Defendants Cre8 MBR, LLC, Marc Williamson, Brett Williamson, John Williamson's motion for summary judgment is GRANTED. Defendant Peter Lu...

Excerpt: ...e of personal property. On July 29, 2020, Plaintiffs Richard Anderson and Tina Mehr, represented by Tina Mehr, commenced this action against Defendants Ginna Caskey and Ven Co Properties Ltd. for (1) negligence; (2) breach of contract; (3) fraud; (4) breach of implied warranty of habitability; (5) nuisance; (6) intentional infliction of emotional distress; (7) negligent infliction of emotional distress; (8) fraudulent concealment/failure to discl...

Excerpt: ...mercial Insurance Company bring separate actions against Rusnak/Westlake dba Rusnak BMW for subrogation, negligence, and breach of warranty. Both Plaintiffs allege that as a result of BMW's negligent design and Rusnak/Westlake's negligent maintenance, Yvonne Yeong Choi's BMW i3 caught on fire while it was parked in her garage and this resulted in substantial property damage to her condominium and adjacent condominiums. Rusnak/Westlake contends th...

Excerpt: ...hnology companies. The partners agreed that the partnership would leverage Mr. Han's experience in evaluating investment opportunities. The three partners worked together closely and raised capital. Using funds raised for the partnership, leveraging the partnership's investment thesis Mr. Han developed and drafted, Mr. Jiang made several investments into early stage companies under the umbrella of the general partnership, consulting Mr. Han for d...

Excerpt: ...ned by Defendant Jon Levin. On March 11, 2020, Plaintiff Giovanna Wilkerson, in propria persona, commenced this action against Defendant Jon Levin for (1) negligence (professional/general); (2) business tort/unfair business practice; and (3) wrongful eviction. On July 6, 2020, Defendant Jon Levin filed the instant demurrer to the complaint. On July 9, 2020, the Court found that the following cases, 20STCV09775, 20STCV09778, and 20STCV09779, are r...

Excerpt: ...On June 8, 2018, Chase Metals, Inc., filed a complaint against Mark Benavides asserting causes of action for (1) breach of contract; (2) breach of fiduciary duty; (3) tortious interference with prospective economic relationships; (4) fraud; (5) constructive fraud; (6) theft/conversion; (7) constructive fraudulent transfers; and (8) unfair competition. On July 2, 2018, Chase Metals filed an amendment to the complaint, substituting Justin Ivester f...

Excerpt: ... out of an alleged ongoing nuisance occurring between neighboring condominium units located at 1260 S. Beverly Glen Boulevard, Los Angeles, California, that is subject to certain Covenants, Conditions, and Restrictions (“CC&Rs”). (FAC, ¶¶ 10-11.) On April 10, 2020, Plaintiff Cheryl Maisel commenced this action against Defendants Country Glen Homeowners Association, Inc., LB Property Management, Inc., Christian Zayek, and Rosana Ayoub for (1...

Excerpt: ...encia, California. (Complaint, ¶¶ 1-2.) On March 18, 2020, Plaintiff Joseph Popp commenced this action against Defendant Valleywide Escrow, Inc. for (1) negligence; and (2) breach of fiduciary duty. On July 29, 2020, Defendant filed the instant motion to strike the references to attorney's fees and punitive damages. ANALYSIS: I. Motion to Strike A. Legal Standard Any party may file a timely notice of a motion to strike the whole or any part of ...

Excerpt: ...st for sanctions against Defendant is GRANTED in the amount of $1,710.00. The motion to compel further discovery responses to the requests for production of documents is taken OFF CALENDAR. The Court orders the parties to attend an informal discovery conference prior to ruling on these motions. (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 t...

Excerpt: ...d Berel Wilhelm SUBJECT: (3) Motion to Quash Deposition Notices, Alternatively, to Stay the Depositions (Ministerios Christianos Guerreros De Jehova) Moving Party: Defendant Ministerios Cristianos Resp. Party: Plaintiffs Harvey Kreitenberg, Eli Krich, Yoseph Chazanow, Eli Chitrik, and Berel Wilhelm SUBJECT: (4) Motion for Protective Order of Michael Rosenberg Regarding Plaintiffs' First Set of Requests for Production Moving Party: Defendant Micha...

Excerpt: ...etaliation; (2) retaliation for disclosing violations of law; (3) failure to pay wages; (4) failure to pay minimum wages; (5) failure to pay overtime compensation; (6) failure to provide itemized wage statements; (7) failure to provide itemized wage statements; (8) waiting time penalties; (9) unfair competition; and (10) failure to permit inspection of personnel and payroll records. On October 11, 2019, Plaintiff filed an amendment to the complai...

Excerpt: ...ers to confuse Defendant and this Court.” (Demurrer, p. 6:12-13.) The Court is unaware of any California Rules of Court or local rule that requires paragraph numbers, but it does make it more convenient for the Court to reference paragraph numbers in its analysis. Here, the Court will cite to pages and line numbers of the SAC instead of any paragraph numbers. BACKGROUND: This case arises out of the rights to real property located at 321 East 60...

Excerpt: ...n May 21, 2020, Plaintiff Clark & Trevithick, a professional corporation, commenced this action against Defendants Jo-Ann Grace and Roger M. Grace for (1) breach of contract; (2) quantum meruit; (3) restitution/unjust enrichment; and (4) common count. On June 23, 2020, Defendants Jo-Ann W. Grace and Roger M. Grace, both represented by Defendant Roger M. Grace (who is an attorney in good standing with the State Bar of California since June 1972), ...

Excerpt: ...n; and (3) as to Defendant Solis. Defendants' demurrer is SUSTAINED without leave to amend as to the sixth, seventh, and ninth causes of action. Defendants' demurrer is OVERRULED as to all other causes of action and for all other reasons asserted by Defendants. Defendants' motion to strike is DENIED in part and GRANTED in part. PRELIMINARY COMMENTS: Defendants assert Stephen Kalb was erroneously sued as “Stephan Kalv” and that Katrina Makkouk...

Excerpt: ...rty: Plaintiff People of the State of California ex rel. State Farm Mutual Automobile Insurance The anti-SLAPP motion is DENIED. The demurrer is OVERRULED. PRELIMINARY COMMENTS: The Court reminds Plaintiff's counsel that it is improper to cite this court to other trial court rulings. It is not appropriate to attempt to get around this prohibition by stating that these other trial court rulings are being cited “for their potential persuasive (no...

Excerpt: ...elas Defendants' demurrer is OVERRULED as to the first, second, third, fourth, fifth, sixth, seventh, eighth, twelfth, and thirteenth causes of action. Defendants' demurrer is OVERRULED as to the ninth, tenth and eleventh causes of action as MOOT. Defendants' demurrer is SUSTAINED with leave to amend as to the fourteenth cause of action. Defendants' anti-SLAPP motion is DENIED. The Court GRANTS Plaintiff's request to recover attorney's fees from ...

Excerpt: ...th causes of action brought on behalf of Plaintiff Sam individually. Defendant Fidelity Surety & Investment, Inc.'s demurrer is SUSTAINED with leave to amend as to the fifth, seventh and eighth, causes of action brought on behalf of Plaintiff Sam individually. BACKGROUND: Plaintiff Anthony Sam, individually, and as Managing Member of Chino Americana Concepts 2013303 LLC, commenced this action on September 11, 2018. On December 28, 2018, Plaintiff...

Excerpt: ...stavo Gutierrez is GRANTED. Plaintiff's request for sanctions against Gustavo Gutierrez is GRANTED in the amount of $1,348.40. BACKGROUND: In April 2017, Plaintiff Eduardo Guzman and Defendant Gustavo Gutierrez formed a partnership to embark on an agricultural production project (the “Project”). An entity, defendant Optimum, was formed in or around August 2017 by Gutierrez in order to conduct that partnership business and complete the Project...

Excerpt: ...nicipal code sections and state law. (Complaint, ¶¶ 7, 22.) On September 19, 2019, Plaintiff Ranulfo Santarriaga commenced this action against Mirna E. Alcantara for (1) negligence; (2) breach of implied warranty of habitability; (3) violation of Los Angeles Municipal Code § 151.04/151.10 et seq.; (4) violation of Civil Code § 1940.2; (5) violation of Civil Code § 789.3; (6) violation of Civil Code § 1942.4; and (7) unlawful and unfair busi...

Excerpt: ...5684 (Greenfield v. McHugh, et al.) (Complaint, ¶7.) Pursuant to the Settlement Agreement, McHugh was obligated to: (1) Deed the following three properties to Greenfield: APN's: 6316-006-010; 6316-006-017; 6316-006-013 (“the Atlantic Property”) and in exchange, McHugh was to receive a note for $1,000,000.00 secured by a Deed of Trust on these properties; (2) Remove any existing lien, including assignment of rents or mortgage of $500,000.00 o...

Excerpt: ...e pages long. Plaintiff cites to no authority in opposition to Defendant's arguments; the most that Plaintiff musters is the statement that “there is enough ‘there' there.” (Opposition, p. 2:10.) The remainder of the “opposition” is pure argument of counsel. Further, the majority of Plaintiff's “opposition” is a diatribe against demurrers for “uncertainty.” Plaintiff states that he “cannot put this demurrer opposition to rest ...

Excerpt: ...r to the Third Cause of Action for Retaliation.” (Notice of Demurrer, p. 3:7. [Page numbers here and below are the Court's own pagination of Defendant's pleadings].) However, Plaintiff's third cause of action is for Failure to Prevent Harassment; it is Plaintiff's second cause of action that is for retaliation. (This error was not commented upon by Plaintiff in her opposition.) The Court could have overruled the demurrer on this basis; nonethel...

Excerpt: ...vaseniorcare Administrative Services, LLC (Doe 2) Resp. Party: None (3) Motion for Leave to Intervene or Alternatively File Supplemental Pleading 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) (4) Motion for Sanctions Moving Party: Plaintiff S. David Sedaghat Resp. Party: Defendants SSC T...

Excerpt: ...ant to the California Insurance Frauds Prevention Act, based on allegations that Defendants Vikram J. Singh, M.D., Back and Pain Specialists, Nova Surgical Institute, and Nova Surgical Institute, LLC knowingly prepared and presented, or caused to be presented, false and fraudulent insurance claims and writings to Realtor SFMAIC and very likely other insurers. (Complaint, ¶ 2.) On January 2, 2020, Plaintiff filed this complaint in camera and unde...

Excerpt: ...Resp. Party: Plaintiff Ryan Hoffman (5) Demurrer Moving Party: Defendants OpenMail, LLC, Michael Blend, and Charles Ursini Resp. Party: Plaintiff Ryan Hoffman Defendant Court Square's motion to quash service of summons is GRANTED. Defendant The Raine Group, LLC's motion to quash service of summons is GRANTED. Defendant The Raine Group, LLC's demurrer is MOOT. Defendants System1, LLC and Court Square's demurrer is MOOT as to Defendant Court Square...

Excerpt: ...is case requires that “the arbitration shall comply with and be governed by the provisions of the Ventura County Bar Association.” The gravamen of Plaintiff's action is legal malpractice, not a fee dispute. Plaintiff presents some evidence that the Ventura County Bar Association only arbitrates fee disputes. Defendant replies that the retainer agreement does not require that “the dispute will be submitted to arbitration with the Ventura Cou...

Excerpt: ... pronoun that Plaintiff identifies with, instead of copying and pasting allegations from other lemon law actions that are brought by different plaintiffs who may use different pronouns. BACKGROUND: Plaintiff's case arises out of the warranty obligations of Defendant for a 2014 Nissan Rogue vehicle Plaintiff purchased on September 9, 2014. (See Complaint, ¶¶ 5-6.) On April 20, 2020, Plaintiff Teresa Lizarraga commenced this lemon law action agai...

Excerpt: ...famous” person, in their unlawful advertising practices. (FAC, ¶ 2.) Plaintiff Jerome Ogden is a former U.S. Consul General in Shanghai and Guangzhou, former Deputy Assistant Secretary of State in charge of U.S. visas worldwide, and current consultant for American and Chinese businesses, expert witness in U.S. immigration courts, and professor of international relations. (FAC, ¶¶ 1-2.) Plaintiff brings this action against Defendants Liumeiba...

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

Excerpt: ...to prevent discrimination and harassment. On October 6, 2017, a jury found in favor of Plaintiff on her causes of action for retaliation and failure to prevent discrimination and harassment against the County of Los Angeles and awarded $62,127.20. (10/26/2020 Judgment.) On December 7, 2017, the Court awarded attorney fees to plaintiff in the amount of $687,000.00. After Defendant's motion to tax costs, Plaintiff received costs in the amount of $2...

Excerpt: ...o dismiss appeal. On November 5, 2019, the Court denied Plaintiff's preemptory challenge to judicial officer because the challenge was untimely. On January 16, 2020, this case came on for court trial in Department 44. After the conclusion of Plaintiff's case in chief, the Court granted Defendant's motion for judgment on all claims and subsequently issued a statement of decision. (02/03/2020 Judgment.) The Court ordered the following: “1. That j...

Excerpt: ...as Managing Member of Chino Americana Concepts 2013303 LLC, commenced this action on September 11, 2018 and on December 28, 2018 filed the first amended complaint (“FAC”) against Defendants Renee K. Kwan, Vibrant Developments LLC, Asset Management 328 LLC, CAC 600 LLC, Chino Americana Holdings LLC, Los Angeles Fire and Police Pensions, Board of Commissioners (“the Board”), First American Title Insurance Company, and Maurice A. Neri. The c...

Excerpt: ...urt that an IME is necessary. Plaintiff Abrenica states that he is requesting emotional damages of $19,360 for 3 years of future therapy. The requested IME does not appear to cover emotional issues, since it is being conducted by a doctor who specializes in Orthopedic Surgery. Nonetheless, Plaintiff Abrenica is also claiming some $9,000 in past and future medical expenses. Further, this motion is unopposed, so the Court assumes that Plaintiff doe...

Excerpt: ...urchase of real property by third-parties despite the third-parties' knowledge of the plaintiff's claimed interest in the property. On July 12, 2019, Plaintiff Arlon B. Arellano commenced this action against Mission Property Investments Inc., Yaquelinda Martin, and Juan Martin Pena for (1) breach of contract – specific performance and damages; (2) breach of implied covenant of good faith and fair dealing; (3) declaratory relief; (4) quiet title...

Excerpt: ... phone and phone number (714) 928-1110 for Defendant's personal and financial benefit. On March 22, 2019, Plaintiff Lexmar Distribution, Inc. commenced this action against Defendants Jason Woodrome for (1) breach of contract; (2) conversion; (3) unfair competition; and (4) declaratory relief. PRELIMINARY COMMENTS: The format of Defendant's Objections is confusing. Defendant sequentially numbers each “Grounds for Objection”; it would be more h...

Excerpt: ...a complaint against Defendants Golden State FC, LLC, Kuldip Sandhu, an individual, Adam Kozinn, an individual, and Does 1 through 20 for allegations of gender and sex discrimination and harassment on the basis of pregnancy, as well as interference and retaliation for requesting maternity leave and medical leave under the California Family Rights Act. Plaintiff alleges that she began her employment with Defendants as Senior Defendants as a Senior ...

Excerpt: ...rer Moving Party: Defendants Heytutor, Inc., Skyler Lucci, Ryan Neman Responding Party: Plaintiff Jane Doe Plaintiff's motions to compel discovery responses are DENIED as moot. Plaintiff's request for sanctions is DENIED. Defendant's demurrer is SUSTAINED with leave to amend. PRELIMINARY COMMENTS: As indicated below, the Court is sustaining, with leave to amend, the demurrer based on on CCP §430.10(b) and §430.10(g). However, the Court wonders ...

Excerpt: ...R. Vincent, aka Darla R. Vincent Stephens, commenced this action for quiet title and injunctive relief against Defendants Albert J. Berdis and Sherry D. Spees. On February 27, 2018, Albert J. Berdis and Sherry D. Spees filed a verified cross-complaint against Gina L. Vincent, aka Gina Lorri Vincent Castagna, and Darla R. Vincent, aka Darla R. Vincent Stephens for (1) quiet title and injunctive relief; (2) elder abuse; (3) intentional infliction o...

Excerpt: ...unts – money had and received; (7) common counts – money paid; (8) unjust enrichment; and (9) constructive fraud. On October 30, 2012, Plaintiff filed his first amended complaint (“FAC”) for (1) breach of fiduciary duty; (2) constructive fraud; (3) conversion; (4) fraud; (5) negligent misrepresentation; (6) breach of oral contract; (7) common counts – money had and received; (8) common counts – money paid; (9) unjust enrichment; and (...

Excerpt: ..., and is therefore reducing the costs and fees requested from $42,306.55 by slightly more than 50%, to $20,144.42. Our Supreme Court has previously cautioned counsel about requesting unreasonable attorney's fees: “‘If . . . the Court were required to award a reasonable fee when an outrageously unreasonable one has been asked for, claimants would be encouraged to make unreasonable demands, knowing that the only unfavorable consequence of such ...

Excerpt: ...aron Weiss (3) Motion for Attorney's Fees Moving Party: Defendants/Cross-Complainants Shaul and Ludmila Raigorodsky Resp. Party: Cross-Defendants A.R.M. Builders, Inc. and Aaron Weiss The Court GRANTS Defendants' motions to compel responses to form interrogatories propounded on Aaron Weiss, and DENIES the motion as to the form interrogatories propounded on A.R.M. Builders. Defendants' request for sanctions is DENIED as against Plaintiff A.R.M. Bu...

Excerpt: ...tion of employment. Unfortunately for Plaintiff, this is not the current law. In October 2019, Governor Newsom signed into law AB 51, which added, inter alia, section 432.6 to the Labor Code. Section 432.6 to the California Labor Code prohibited employers from requiring any employee or applicant to “waive any right, forum or procedure for a violation of any provision” of FEHA or the entire Labor Code, including “the right to file and pursue...

Excerpt: ...e to amend. Defendants Auxin Management, Auxin Ventures, and Brett Vapnek's demurrer is SUSTAINED without leave to amend as to the standing of Plaintiff Holland; OVERRULED as to the standing of Plaintiff 89 Acapulco; and OVERRULED as to the sufficiency of allegations in the sixth and seventh causes of action. Defendants Auxin Management, Auxin Ventures, and Brett Vapnek's motion to strike is DENIED. BACKGROUND: On June 19, 2019, Plaintiff 89 Acap...

Excerpt: ...�Procedural Status” does not add anything to its opposition on the merits. (See Opposition, p. 2:17 – p. 3:4.) And as there is no declaration supplying the evidentiary support for Plaintiff's statements, the statements are mere argument. (See, e.g., Fuller v. Tucker (2000) 84 Cal.App.4th 1163, 1173 [“absolutely no evidence was submitted to support this factual claim . . . . Argument of counsel is not evidence.”]) Defendant's counsel makes...

Excerpt: ... the amended answer to the FAC is OVERRULED. BACKGROUND: This action arises out of the purchase of a Tesla vehicle and alleged misrepresentations regarding the vehicle's accident and damage history. On June 6, 2019, Plaintiff Richard Quinones commenced this action against Defendants JE Group Incorporated dba Kash Wholesale (“JE Group”) and Hudson Insurance Company for (1) violation of the Consumers Legal Remedies Act, Civil Code § 1750 et se...

Excerpt: ... had and received. On February 18, 2020, Plaintiff filed a first amended complaint (“FAC”) against Defendants for breach of contract and money had and received. On February 25, 2020, Plaintiff filed a notice of errata re: FAC to attach the agreement as an exhibit to the FAC. On March 10, 2020, Defendant Elevated Films, Inc. filed the instant demurrer to the FAC. ANALYSIS: I. Relevant Law A demurrer is a pleading used to test the legal suffici...

Excerpt: ... and Derrick Abrenica SUBJECT: (3) Motion to Compel Subsequent Deposition of Gary Patent Moving Party: Defendants Olatunji Bandele, D.V.M and LA Central Animal Hospital Resp. Party: Plaintiffs Gary Patent and Derrick Abrenica SUBJECT: (4) Motion to Compel Further Deposition of Derrick Abrenica Moving Party: Defendants Olatunji Bandele, D.V.M and LA Central Animal Hospital Resp. Party: Plaintiffs Gary Patent and Derrick Abrenica The two motions to...

Excerpt: ...uest for sanctions in the amount of $1,023.30 against Defendant and her counsel of record. BACKGROUND: This case concerns the lease of an illegal rental unit at 13735 Valerio Street in Van Nuys, California and seeks to recover damages for an uninhabitable dwelling, reimbursement of rent and penalties for violation of municipal code sections and state law. (Complaint, ¶¶ 7, 22.) On September 19, 2019, Plaintiff Ranulfo Santarriaga commenced this...

Excerpt: ...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 opened a special investigation and u...

Excerpt: ...ED. Plaintiff's motion for order allowing limited anti-SLAPP discovery is DENIED as moot. Plaintiff's motion for sanctions is DENIED. Defendants' request for sanctions is DENIED. BACKGROUND: This action arises out of the Defendants' use of Plaintiff, a “famous” person, in their unlawful advertising practices. (FAC, ¶ 2.) Plaintiff Jerome Ogden is a former U.S. Consul General in Shanghai and Guangzhou, former Deputy Assistant Secretary of Sta...

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: ...fendants Glen Centre GP LLC, Wendy Goldman, and Pamela Goldman (“Defendants”) SUBJECT: (2) Motion for Summary Adjudication Moving Party: Defendants Resp. Party: Plaintiffs Plaintiffs' motion for protective order is DENIED. Defendants' motion for summary adjudication is GRANTED only as to Issue 5 and is DENED as to all remaining issues. BACKGROUND: This action is brought by fourteen tenants in a shopping center against the owner of the shoppin...

Excerpt: ...aw action against Defendant General Motors and on October 9, 2019 they filed a first amended complaint (“FAC”) for (1) violation of Civil Code section 1793.2(d); (2) violation of Civil Code section 1793.2(b); (3) violation of Civil Code section 1793.2(a)(3); (4) breach of express warranty; (5) breach of implied warranty; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. On December 11, 2019, Defendant filed the insta...

Excerpt: ...rick Taylor filed the first amended complaint (“FAC”) against Lisa Hankin for (1) breach of contract; (2) negligence; and (3) breach of bailment. Plaintiffs allege that they were the owners of a show horse named Bravado and entered into a written lease agreement with Defendant whereby Bravado was leased to Defendant for the term of one year. (FAC, ¶¶ 9-10.) Plaintiffs allege that due to misuse, mishandling, and/or poor care, Bravado was sev...

Excerpt: ...cker,” counsel should nonetheless proofread his pleadings before submitting them to the Court. Below is the first paragraph of Plaintiff's “Statement of Facts”; it contains at least 22 errors as noted by the Court: The [sic] Plaintiff Edward Russell filed this Complaint on 10/30/2018 seeking monetary damages of $126,000.00, plus teble [sic] damages for Defendants Belen Matias, Belen Matias M.D., [sic] fraudulent activity in taking his $191,...

Excerpt: ...d this action against Defendant Precision Asset Management Corporation for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud; (4) concealment; (5) intentional misrepresentation; and (6) misappropriation of trade secrets. On June 22, 2016, the Court overruled Defendant's demurrer to the complaint in part and sustained the demurrer in part. On July 18, 2016, Plaintiff filed a first amended complain...

Excerpt: ...ian Madden, [a resident of Canada], $37,666.35 for an outstanding sales commission from 2018, plus a penalty, along with incurring liability for incidental expenses.” (Complaint, ¶¶ 1-2.) On June 10, 2020, Defendant filed the instant demurrer to the second cause of action for failure to pay wages and penalties. ANALYSIS: A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, ...

Excerpt: ...T: (4) Motion to Compel Discovery Responses (FROG) Moving Party: Plaintiff Frank McHugh Responding Party: Defendant Claire Marin Greenfield SUBJECT: (5) Motion to Compel Discovery Responses (RFPD) Moving Party: Plaintiff Frank McHugh Responding Party: None SUBJECT: (6) Motion to Compel Discovery Responses (RFPD) Moving Party: Plaintiff Frank McHugh Responding Party: None SUBJECT: (7) Motion for Sanctions Moving Party: Plaintiff Frank McHugh Respo...

Excerpt: ...tiffs, owners of property, bring this action against contractors and subcontractors, for the contractors' failure to complete the construction pursuant to the parties' contract. On September 12, 2019, Plaintiffs Jeffrey Frasco and Beverly Frank commenced this action against Defendants Domaen Ltd., Domaen Build Inc., Christopher J. Lowe, Axel Schmitzberger, Blanca Cano dba Cano Masonry, and Ruggeri Marble and Granite, Inc. for (1) negligence; (2) ...

Excerpt: ...mmercial and industrial 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 fi...

Excerpt: ... law action against Defendant Kia Motors America for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation. On February 27, 2020, Defendant filed the instant demurrer to the fourth and fifth causes of action in the comp...

Excerpt: ...fendant Kamal A. Bilal The Motions are taken OFF-CALENDAR because of the Bankruptcy filed by Nasrin Shakeri Nino. PRELIMINARY COMMENTS: Counsel has previously informed this Court that this case arises, at least in part, out of a settlement agreement reached in Bilal v. Siegel, BC522207. On February 20, 2020, Defendants Bilal and Westco Petroleum filed a Notice of Related case, concerning this case and The Estate of Antone Elias Nino, BP 151261. H...

Excerpt: ...st for judicial notice. The Court DENIES Plaintiffs' motion for summary judgment. BACKGROUND: This is an action for declaratory relief and abuse of process brought by employers, The Cochran Firm California, against its previous at-will employee Ibiere Seck. Plaintiffs, The Cochran Firm California and Dunn Law, APC dba “The Cochran Firm California,” allege that Ibiere Seck departed the firm as of December 31, 2018, taking certain clients previ...

Excerpt: ...though not at issue in this motion, the Court wishes to remind the parties that its previous order was to allow Plaintiffs to conduct discovery into Defendants' financial condition. That Court has not made any ruling regarding what evidence is admissible at trial. Such rulings will await the appropriate Motions in Limine or other evidentiary objections and rulings. BACKGROUND: Plaintiffs Ridge Conlan, his wife, Lori Conlan, and their daughter, Sa...

Excerpt: ...val of class action settlement is GRANTED. Plaintiff's motion for attorney's fees is GRANTED. Proposed Intervenor's motion for leave to intervene is DENIED. BACKGROUND: This PAGA action arises from the JPMorgan Chase Bank, N.A's alleged failure to pay its employees for all hours worked and at the proper rate, failure to record hours, and failure to provide meal and rest periods and overtime compensation. On March 21, 2018, Plaintiff Paulina Vega,...

Excerpt: ...Club, Inc. commenced an action, case number 18STCV00408, and that day also filed its first amended complaint against Tommy Ngo, Metis TPS, LLC (“Metis”), and the State of California, Department of Public Health, Office of Problem Gambling (“Office of Problem Gambling”) in an interpleader action and for declaratory relief. California Commerce Club asserts that Tommy Ngo executed a statewide lifetime self-exclusion request, with the State o...

Excerpt: ...ded 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 Won a/k/a Jay Won, JMJ Trading Co. Inc., and E.Z Deal Trading, Inc. for (1) tortious breach of written contract: lease agreement; (2) fraudulent misrepresentation; (3) quantum meruit – services rendered; (4) quantum valebant – money had and rec...

Excerpt: .... BACKGROUND: Plaintiff Kai Hou Liang brought suit on June 15, 2018. Pursuant to the operative first amended complaint (“FAC”), filed June 26, 2018, Plaintiff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation of Bus. & Prof. Code § 17200; (4) Breach of Operating Agreement; (5) Breach of Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty. Liang alleges Li induced Liang to invest $5.4 ...

Excerpt: ... motion to stay proceedings. The Court OVERRULES Defendant Santarriaga's demurrer to the complaint. The Court SUSTAINS Cross-Defendant Santarriaga's demurrer to the cross-complaint without leave to amend. BACKGROUND: This case concerns California Automobile Insurance Company's duty to defend one of its insured, Mirna E. Alcantara, in another action, case number 19STCV33620, brought by Ranulfo Santarriaga against Mirna E. Alcantara regarding the l...

Excerpt: ...nkin for (1) breach of contract; (2) negligence; and (3) breach of bailment. Plaintiffs allege that they were the owners of a show horse named Bravado and entered into a written lease agreement with Defendant whereby Bravado was leased to Defendant for the term of one year. (FAC, ¶¶ 9-10.) Plaintiffs allege that due to misuse, mishandling, and/or poor care, Bravado was severely injured, and Defendant failed to notify Plaintiffs and failed to fo...

Excerpt: ...al 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 Aston Martin La...

Excerpt: ... law action against Defendant Kia Motors America for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation. On February 27, 2020, Defendant filed the instant demurrer to the fourth and fifth causes of action in the comp...

Excerpt: ...le Operations Defendant DAPO's demurrer to the SAC is SUSTAINED without leave to amend. Plaintiff's motion for order of declaration for written notice of charges by DAPO is DENIED as moot. BACKGROUND: Plaintiff Allison Hanford, formerly known as Gena McGee, alleges that parole agent Lochard arrested her for a parole violation on August 1, 2014. (SAC, ¶ 6.) Lochard and Director Tillman “assisted in creating false telephone evidence” to falsel...