Excerpt: ... April 30, 2019, Plaintiff William Conlon filed the instant action against Defendants Service Corporation International, Rose Hills Company, John Short, and Kathleen Cheung for (1) discrimination; (2) retaliation; (3) failure to prevent harassment, discrimination and/or retaliation; (4) defamation; (5) intentional interference with prospective economic relations; (6) Labor Code §1102.5; and (7) adverse action in violation of public policy. Plain...

Excerpt: ...t is GRANTED in part in the amount of $120.00. PRELIMINARY COMMENTS The Court is always amazed when a motion to compel is unopposed. If Defendant agreed with Plaintiff's position, it should have responded. If Defendant disagreed, and believed that its refusal to provide further discovery was warranted, it should have filed an opposition. BACKGROUND: On October 19, 2018, Plaintiff Sutra Beauty (“Plaintiff” or “Sutra”) commenced this action...

Excerpt: ...f express warranties; (3) breach of implied warranties; (4) express indemnity; (5) declaratory relief; (6) negligence; and (7) equitable subrogation. Plaintiffs allege that in September 2016, PR Construction entered into a contract with Hilton Worldwide, Inc. to perform construction services with works of improvement at the Hilton Anaheim Hotel. (Complaint, ¶ 7.) Plaintiffs allege that in September 2016, PR Construction entered into a subcontrac...

Excerpt: ... 29, 2019 against Defendants 1100 S. Alvarado St. LLC dba Olympia Convalescent Hospital; Golden State Health Centers, Inc.; Raymundo Romero, M.D.; William A. Martinez; Samaritana Medical Clinic, Inc.; Lock Han K; Tea K.; Vanna Chris Sok; and Tocankiep Dara for: (1) elder abuse/neglect; (2) elder abuse/financial; (3) negligence; (4) negligent hiring, supervision, and retention; (5) willful misconduct; (6) violation of residents' rights; and (7) wr...

Excerpt: ...r Courts grant BMW NA's motion. Since there are arbitration provisions in virtually every lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate these consumer protection statutes passed by our Legislature. BACKGROUND: Plaintiff Armen Savadian commenced this action on June 5, 2019 against Defendants BMW of North America, ...

Excerpt: ...r Courts grant BMW NA's motion. Since there are arbitration provisions in virtually every lease agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate these consumer protection statutes passed by our Legislature. BACKGROUND: Plaintiff Armen Savadian commenced this action on June 5, 2019 against Defendants BMW of North America, ...

Excerpt: ...4) express indemnity; (5) declaratory relief; (6) negligence; and (7) equitable subrogation. Plaintiffs allege that in September 2016, PR Construction entered into a contract with Hilton Worldwide, Inc. to perform construction services with works of improvement at the Hilton Anaheim Hotel. (Complaint, ¶ 7.) Plaintiffs allege that in September 2016, PR Construction entered into a subcontract with C2 Plumbing, under which PR Construction subcontra...

Excerpt: ...ul Raigorodsky, 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. (...

Excerpt: ..., as to no. 6 is GRANTED and as to nos. 1, 9, 18, 31-32, 37-45, 55-62 is DENIED as moot. Plaintiff's motion to compel further responses to form interrogatories 15.1, 17.1, and 50.1 is GRANTED. Plaintiff's motion to compel further responses to form interrogatories 12.1 is DENIED as moot. Plaintiff's motion to compel further responses to form interrogatory 1.1 is DENIED. Plaintiff's motion to compel further responses as to special interrogatories 1...

Excerpt: ... quash psychological records subpoena. PRELIMINARY COMMENTS Although the Court is granting Plaintiff's Motions to Quash, Defendant is nonetheless entitled to discovery of certain records related to Plaintiff's medical and/or psychological condition that she has put in issue in this case. The Court would suggest that counsel meet-and-confer in order to agree upon the scope of a new medical records subpoena. Should the parties be unable to resolve ...

Excerpt: ...d Oscar Rivera commenced this action on March 29, 2019 against Defendants 1100 S. Alvarado St. LLC dba Olympia Convalescent Hospital; Golden State Health Centers, Inc.; Raymundo Romero, M.D.; William A. Martinez; Samaritana Medical Clinic, Inc.; Lock Han K; Tea K.; Vanna Chris Sok; and Tocankiep Dara for: (1) elder abuse/neglect; (2) elder abuse/financial; (3) negligence; (4) negligent hiring, supervision, and retention; (5) willful misconduct; (...

Excerpt: ...nd as no current ability to manage Respondent's affairs or this litigation.” (Opposition, p. 1:19- 25 and Grey Declaration, ¶ 11.) Apparently, the attorney who filed this opposition has no authority to take any further action on behalf of Respondent. (Grey Declaration, ¶ 11.) The Court would like to hear from all counsel at the hearing on how they would like to proceed with this matter. BACKGROUND: On September 28, 2018, Beulah Deitch commenc...

Excerpt: ...n of Labor Code § 226.8(a)(1) (Employment Misclassification); (2) violation of Labor Code §§ 221, 224, 226, and 2802 (unlawful deductions and reimbursable expenses); (3) violation of Labor Code §§ 1194, 1194.2 and 1197 (unpaid minimum wages); (4) violation of Labor Code § 203 (waiting time penalties); (5) violation of Labor Code § 204 (failure to pay all wages); (6) violation of Labor Code §§ 226.7 and 512 (meal periods); (7) violation o...

Excerpt: ...compel further responses to special interrogatory no. 67 is GRANTED. Plaintiffs' motion to compel further responses to form interrogatories is GRANTED. The Court GRANTS Plaintiffs' request for sanctions in the amount of $5,992.00 against Defendants and their counsel. PRELIMINARY COMMENTS: The Court does not understand why Defendants have not opposed this motion to compel. If Defendants agreed that they needed to do more to comply with Plaintiff's...

Excerpt: ...ase, Ltd. and Santander Consumer USA, Inc. dba Chrysler Capital (“Defendants”) for: (1) violations of the Vehicle Leasing Act; (2) violations of the Consumer Credit Reporting Agencies Act; and (3) violations of the Unfair Competition Law (brought on behalf of Plaintiff and the General Public). Plaintiff alleges that the Statutory Notice Defendants issued to Plaintiff, with the illegal Early Termination Administrative Charge, is standard notic...

Excerpt: ...pel is unopposed. If Plaintiff believed that it had a justification for not producing its PMQ for deposition, it should have filed an opposition. If Plaintiff agreed that its PMQ must be deposed, it should have complied with Defendant's request. Either course of action would have saved this Court – and all counsel – the time and effort of a discovery motion. BACKGROUND: On October 18, 2018, Plaintiff HNL Properties, LLC commenced this action ...

Excerpt: ... would like to hear from the parties on this issue at the hearing. PRELIMINARY COMMENTS: The Court is concerned that this demurrer is unopposed. The Court recognizes that plaintiff is representing himself in pro per, and that to a pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (...

Excerpt: ...ed complaint (“FAC”) against Defendants Sun Smart, Inc., John Seung Kim, Harry Won Lee, Chae Ik Shim, Mark Curtis Bergman, American Contractors Indemnity Company, Western Surety Company, and Fidelity and Deposit Company of Maryland for (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) fraud; (5) unjust enrichment; (6) common counts; (7) unfair business practices; and (8) enforcement on contractor's license bond against...

Excerpt: ... commenced this action against Defendants Los Angeles Community College District and Anett Patron 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 Gov. Code §§12940 et seq.; (4) Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of Gov. Code §§12940(k); (5) Declaratory Judgment; and (6) Retaliation (Labor Cod...

Excerpt: ...loyees” under the Labor Code Private Attorney General Act of 2004, commenced this action against Flagstar Bank, FSB for violations of the Labor Code and civil penalties under the Labor Code Private Attorneys General Act of 2004, Labor Code §§ 2698, et seq. “Plaintiff alleges that Defendants are liable to her, the State of California, and other similarly situated aggrieved current and former employees who worked in California as mortgage adv...

Excerpt: ...laint (“FAC”) against Defendant Harbor Freight Tools USA, Inc. for (1) strict liability – design defect; (2) strict liability – manufacturing defect; (3) strict liability – failure to warn; (4) violation of Consumer Legal Remedies Act; (5) loss of consortium; (6) affirmative misrepresentation; (7) negligent misrepresentation; (8) fraudulent concealment; (9) violation of the Song-Beverly Consumer Warranty Act; (10) breach of implied warr...

Excerpt: ...int to rescind that contract. If the pre-Case Management Conference law-and-motion skirmishes are any indication of future litigation practices, it appears that counsel will be spending tens of thousands of dollars in attorney's fees to get this case to trial. The Court questions whether it is in both parties interests for their attorneys to do so. BACKGROUND: Winnow Studios, LLC commenced this action in a civil limited jurisdiction against J...

Excerpt: ... Conference held on September 17, 2018, Plaintiff was concerned that people “may be following me here in Court.” The Court advised Plaintiff to speak with the Court Attendant or Sheriff if there was a problem. At the October 22, 2018 hearing, Plaintiff reported to the Court that defendant had ceased acting as her attorney in 1999. At that same hearing, Defendant Lewellyn also stated that he hasn't been Plaintiff attorney since representing he...

Excerpt: ...kos and Eleni J. Koutsoukos Revocable Living Trust for (1) violations of the Unruh Act; (2) alternatively, violations of the California Disabled Persons Act; and (3) request for declaratory relief, injunction, and damages. Plaintiff, a functionally blind individual, alleges that he sought to patronize the business described as Starbucks, located in Van Nuys, California, and the property of this business is owned by Defendants. (Complaint, ¶¶ 1-...

Excerpt: ...of documents, set one is GRANTED as modified below as to Request Numbers 7, 40, 50, 51, 52, 53, 57, 65. BACKGROUND: On Marcy 7, 2019, Plaintiffs Teresa Torrijos and Enrique Torrijos commenced this lemon law action against Defendant General Motors, LLC 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 written warranty; and (5) br...

Excerpt: ... amount of $2,100.00. BACKGROUND: Plaintiffs Donna Meekins, by and through her successor in interest Latoya Doss, and Latoya Doss individually, commenced this action on May 30, 2018, against Defendants Manchester Convalescent Hospital, Inc., Vitas Healthcare Corporation of California, Vitas Hospice Services, LLC, Vitas Healthcare Corporation, Chemed Corporation, Donta Miller, and Shanica Holloway for: (1) dependent adult abuse and neglect; (2) vi...

Excerpt: ...entative action complaint against Defendant Deluxe Entertainment Services Group, Inc. for (1) Civil Penalties Under the Private Attorneys General Act (“PAGA”) (California Labor Code §§ 2698, et seq.). Plaintiff alleges that he and other individuals were previously or are currently employed as credit analysts by Defendant who, according to its website is “the world's leading video creation to distribution company offering global, end-to-en...

Excerpt: ...not producing documents in compliance with the Notice, the Court will consider whether it should grant any Motion in Limine brought by Mr. Li to exclude other documents that BCP might want to produce in its defense. BACKGROUND: Plaintiff Kai Hou Liang brought suit on June 15, 2018. Pursuant to the operative first amended complaint, filed June 26, 2018, Plaintiff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Viola...

Excerpt: ...scribing Policy Number JAR/21778 (“Underwriters”), International Jewelers Underwriters Agency, Ltd. (“IJUA”), and Neil Lieberman. On August 20, 2018, Plaintiff filed the first amended complaint, and on January 14, 2019, Plaintiff filed the second amended complaint and added Michael Neman as another defendant. On February 19, 2019, Plaintiff filed the third amended complaint, which asserts claims for: (1) Breach of Contract; (2) Breach of ...

Excerpt: ...ory damages. Cross-Defendants' request for judicial notice is GRANTED. BACKGROUND: On February 26, 2019, Trellis Research Inc. commenced this action against Andrew Thaler for (1) intentional interference with contractual relations and (2) declaratory relief. Trellis Research Inc. alleges Andrew Thaler and Nicole Clark formed a partnership to create a legal research company called Trellis Research Inc. and then Andrew Thaler set out on a destructi...

Excerpt: ...ndant Raymond Sipperley (“Sipperley” or “Defendant”) on May 25, 2018 by filing a complaint for (1) declaratory judgment; (2) breach of partnership agreement; and (3) breach of fiduciary duty. The action stems from a partnership agreement between Astra and Sipperley, where Sipperley allegedly breached the partnership agreement and caused Astra harm. Astra also asserts that a New York action filed against Astra by Sipperley for a breach of ...

Excerpt: ...rs counsel to re-read the Los Angeles Superior Court, Local Rules, Appendix 3.A: “Guidelines for Civility in Litigation.” BACKGROUND: Plaintiff Gina Minervini commenced this action on December 27, 2018 against Defendants Clara Seneca, Jeff Hirschfeld, 1128 Euclid Street, LLC, Rachel Sene, and Jay Johnson for (1) violation of the Unruh Civil Rights Act; (2) violation of the Santa Monica Rent Control Law, Art. XVIII, Section 1806; (3) common la...

Excerpt: ...nute Order, granting a petition and approving Plaintiff's compromise of the claims for Som Pawooskar. That Minute Order, which has been part of the public record for almost two months, states inter alia, “Plaintiff's counsel explains that the parties settled at the end of a full day of mediation for $3,250,000.00 and if the settlement is approved, Claimant himself will receive a net benefit of $2,067,376.99 to be placed into a special needs tru...

Excerpt: ...: (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 written warranty; (5) breach of implied warranty of merchantability; (6) violation of the Magnuson- Moss Warranty Act; and (7) fraud by omission. Plaintiffs allege that they purchased a 2010 Chevrolet Traverse vehicle that was manufactured and/or distributed by Defendant, and this ...

Excerpt: ...x parte for a continuance of the hearing. Counsel stated that he was too busy with other matters to prepare the opposition to this dispositive motion. Counsel said that he needed until July 15, 2019 to prepare the opposition. He further stated that he would dismiss the malicious prosecution cause of action, and only intended to oppose the Motion for Judgment on the Pleadings as to the IIED cause of action. Despite the Court having granted Plainti...

Excerpt: ...lties that can be collected by the LWDA nor any of the aggrieved employees – other than an award for Plaintiff herself. In other words, it appears that Plaintiff and her counsel have simply ignored the other aggrieved employees and settled the case on terms that are beneficial only to Plaintiff. II. In her Application to Approve the PAGA settlement, Plaintiff states that there are half-a-dozen other cases filed against Defendant Legends. (See A...

Excerpt: ...e, Ltd. and Santander Consumer USA, Inc. dba Chrysler Capital (“Defendants”) for: (1) violations of the Vehicle Leasing Act; (2) violations of the Consumer Credit Reporting Agencies Act; and (3) violations of the Unfair Competition Law (brought on behalf of Plaintiff and the General Public). Plaintiff alleges that the Statutory Notice Defendants issued to Plaintiff, with the illegal Early Termination Administrative Charge, is standard notice ...

Excerpt: ...6, 2019, Plaintiff filed its first amended complaint (“FAC”) for civil penalties and injunctive relief based on a violation of Health and Safety Code section 25249.6 et seq. Plaintiff alleges that Defendant has and continues “to manufacture, distribute, sell, and/or offer to sell the ceramic mugs with exterior decorations containing dangerous levels of the Lead, including, without limitation: Stechcol impressions mug (#2040, 3040, 1118, 205...

Excerpt: ...m (“Plaintiff”) commenced this action on June 22, 2018 against Defendants Ohio Security Insurance Company (erroneously named as Liberty Mutual Insurance) (“Ohio Security” or “Defendant Ohio Security”) and Ben Green, individually and dba Ben Green Insurance Agency (“Green” or “Defendant Green”) for (1) reformation of contract; (2) breach of contract; and (3) professional negligence. Plaintiff is engaged in the business of provi...

Excerpt: ...was erected by Defendants and that, according to Plaintiff, encroaches upon her property. Plaintiff wants the fence taken down. It appears to the Court that Defendant has agreed to remove the fence. (See Exh. 4 to Poon Declaration.) If so, it is not clear to the Court why this case has not been resolved. BACKGROUND: On May 31, 2019, Plaintiff Connie Tran commenced this action against Adam Poon, Stanley Poon, and Tonhi Poon for (1) declaratory rel...

Excerpt: ... with leave to amend. Defendants' demurrer to the fourth and seventh causes of action is OVERRULED. Defendants' motion to strike is DENIED. BACKGROUND: Plaintiffs Mojgan Nassirbegli, Sue Zuckerman, Piece Collective, LLC, L.A.U.S.A., Inc., DVC, Inc., Duo Business Services, Inc., Switch California Corporation, Jayde's Enterprise, LLC, BG Jazz Grill, LLC, Galati, LLC, MG Restaurants, LLC, VRX Holdings, LLC, Holy Juice, LLC, and Eden by Eden Sassoon ...

Excerpt: ...moot. BACKGROUND: On October 23, 2018, Marian Knight Wilson, Abdeluh Martin, Theoressa Wilson, Nomorre Smith, Layla Smith, Mary-Etta More, and Jade Davis commenced this action against Milagro Romero and Clementina Bolanos for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nui...

Excerpt: ... moot. BACKGROUND: On October 23, 2018, Marian Knight Wilson, Abdeluh Martin, Theoressa Wilson, Nomorre Smith, Layla Smith, Mary-Etta More, and Jade Davis commenced this action against Milagro Romero and Clementina Bolanos for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nu...

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

Excerpt: ... Courts grant BMW NA's motion. Since there are arbitration provisions in virtually every RISC agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate these consumer protection statutes passed by our Legislature. BACKGROUND: Plaintiff Nabil Fadel (“Plaintiff”) commenced this lemon law action on December 6, 2018 against Defend...

Excerpt: ...o Exhibit 2. BACKGROUND: On December 7, 2018, Plaintiff TwinMed, LLC commenced the instant action against Defendants TCPRNC, LLC, Jewish Home Lifecare, Sarah Newman Center, Westchester, and Jewish Home Lifecare, Manhattan for breach of contract and common counts regarding a contract for nursing supplies. On June 21, 2019, Specially-Appearing Defendants Jewish Home Lifecare, Sarah Newman Center, Westchester and Jewish Home Lifecare, Manhattan (“...

Excerpt: ... motion to strike is DENIED as moot. BACKGROUND: On November 16, 2018, Plaintiffs Sang Kwon Lee and the Los Angeles Multiethnic Church, formerly known as Los Angeles Filipino Baptist Church, filed a complaint against Defendants Glenn Oyan, Felicitas J. Maliski, and Ruth Canare for (1) declaratory judgment; (2) violation of Federal Racketeer Influenced and Corrupt Organization Act (“RICO”) and (3) breach of fiduciary duty. On February 15, 2019...

Excerpt: ...f Yesenia Flores commenced this action on January 24, 2019 against Defendants Flying Food Group, LLC, Flying Food Group Pacific, Inc., Alicia Flores, and Jose Rojas (“Defendants”) 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 Gov. Code §§12940 et seq.; (4) failure to prevent discrimination, harassment, and retaliation in violati...

Excerpt: ...dgment as to Billie B. Hughes, III is DENIED. Ware Malcomb's motion for summary judgment as to Federal Insurance Company is DENIED. PROCEDURAL BACKGROUND: The instant action arises from the injury of several plaintiffs on a hospital construction site, when a portion of the construction collapsed. Three actions were ultimately filed, before being consolidated by the Court on December 12, 2017. I. Pre‐Consolidation Filings A. Case No. BC638719 1....

Excerpt: ...r judicial notice is GRANTED. BACKGROUND: Plaintiff Eddie Turner, in propria persona, commenced this complaint on November 16, 2015 against Defendants U.S. Bank National Association, Nationstar Mortgage, and Arin Capital & Investment Corp. This is an action premised on fraud. Plaintiff Eddie Turner alleges that two forged Deeds of Trust were recorded against his home in 2007. (FAC, 2:1-12.) Plaintiff claims he reported the crime to law officials,...

Excerpt: ...r judicial notice is GRANTED. BACKGROUND: Plaintiff Eddie Turner, in propria persona, commenced this complaint on November 16, 2015 against Defendants U.S. Bank National Association, Nationstar Mortgage, and Arin Capital & Investment Corp. This is an action premised on fraud. Plaintiff Eddie Turner alleges that two forged Deeds of Trust were recorded against his home in 2007. (FAC, 2:1-12.) Plaintiff claims he reported the crime to law officials,...

Excerpt: ...age 4, lines 21-22. BACKGROUND: On October 30, 2018, Edward Russell commenced this action against Belen Matias for (1) breach of contract; (2) common counts; (3) common counts; (4) common counts; (5) fraud (intentional misrepresentation); and (6) elder abuse. (Complaint, ¶ 8.) On May 13, 2019, the Court overruled Belen Matias' demurrer to Edward Russell's complaint. On May 23, 2019, Belen Matias filed a cross-complaint against Edward Russell for...

Excerpt: ...amended complaint (“FAC”) against Defendants Rochelle Adler, Jeffrey Fishman, Brett Magueri, Nicholas William Perilli, Newco, and Perilli & Stober Ltd. for (1) theft by false pretense; (2) restitution; (3) common count; (4) constructive fraud; (5) fraud – false promise; (6) fraud – intentional misrepresentation; (7) breach of fiduciary duty; (8) violation of Corp. Code §§ 25401 and 25501; (9) violation of Corp. Code § 25504; (10) viola...

Excerpt: ...ronically must be text-searchable while maintaining original document formatting. Defendant has failed to comply with Rule 8.74(b)(2)(A) in that none of the documents it electronically filed were text-searchable. The Court directs Defendant that it must comply with California Rules of Court regarding proper electronic filing. BACKGROUND: Plaintiffs Williams Ceron Lopez and Guadalupe E. Ceron (“Plaintiffs”) commenced this action on January 18,...

Excerpt: ...or judicial notice is GRANTED. BACKGROUND: On December 7, 2018, Plaintiff Alfred Santos (“Plantiff”) commenced this action against Defendants Sun Smart, Inc., John Seung Kim, Harry Won Lee, Chae Ik Shim, Mark Curtis Bergman, and American Contractors Indemnity Company for: (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) fraud; (5) unjust enrichment; (6) common counts; (7) unfair business practices; and (8) enforcement...

Excerpt: ...kin' Rescue, AGWC Rockin' Rescue, and Ady Gil (“Defendants”) on April 4, 2019 for (1) fraud; (2) fraud – intentional misrepresentation; (3) fraud – negligent misrepresentation; (4) breach of duty of honesty and fair dealing and good faith; (5) negligence; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress. Plaintiffs allege that they adopted a pit-bull dog from Defendants' pet adoption cen...

Excerpt: ...ence 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 for Doe 1. On September 25, 2018, Chase Metals filed an amendment to the complaint, substituting Wilshire Metals Group, LLC, for Doe 2. On October 15, 2018, Chase Metals filed an amendm...

Excerpt: ...tional infliction of emotional distress against Defendants Astoria 2 and Inna Levin. The action pertains to Defendants' treatment of Plaintiff's decedent father, Manuel Siskel, while he was at their residential care facility. On May 10, 2019, Defendants Astoria 2 and Inna Levin (“Defendants”) filed the instant demurrer to the FAC and motion to strike portions of the FAC. On June 28, 2019, Plaintiff filed a dismissal without prejudice of the s...

Excerpt: ...restitution (unjust enrichment); and (5) declaratory relief. Nakatsu alleges that he was introduced to Liao from a prior existing company, US Chinese Law Associates, LLC, for an EB3 application referral, and US Chinese Law Associates, LLC was run by fraudulent and criminal Con Artist professionals who caused Plaintiff to become a victim of fraud and identity theft. (Complaint, ¶¶ 6,8, 12.) Nakatsu alleges that Liao deliberately hid her actions ...

Excerpt: ...responses to Special Interrogatories is GRANTED. Parviz Acquisitions, LLC's motion to compel responses to Production of Documents is GRANTED. Parviz Acquisitions, LLC's motion to deem admitted request for admission admitted is GRANTED. Parviz Acquisitions, LLC's request for sanctions is GRANTED in the reduced amount of $1,500.00, against Minot, LLC and its counsel of record Builders Law Group, Inc. PRELIMINARY COMMENTS: The Court is somewhat surp...

Excerpt: ...Plaintiffs) commenced this action on March 29, 2019 against Defendants 1100 S. Alvarado St. LLC dba Olympia Convalescent Hospital; Golden State Health Centers, Inc.; Raymundo Romero, M.D.; William A. Martinez; Samaritana Medical Clinic, Inc.; Lock Han K.; Tea K.; Vanna Chris Sok; and Tocankiep Dara for: (1) elder abuse/neglect; (2) elder abuse/financial; (3) negligence; (4) negligent hiring, supervision, and retention; (5) willful misconduct; (6)...

Excerpt: ...is action against Defendant Coastline Imports, Inc for civil penalties and injunctive relief. On April 16, 2019, Plaintiff filed its first amended complaint (“FAC”) for civil penalties and injunctive relief based on a violation of Health and Safety Code section 25249.6 et seq. Plaintiff alleges that Defendant has and continues “to manufacture, distribute, sell, and/or offer to sell the ceramic mugs with exterior decorations containing dange...

Excerpt: ...7c(q). The Court OVERRULES MSI's objections numbers 1-5, 7-9, and SUSTAINS MSI's objection number 6. PROCEDURAL BACKGROUND: The instant action arises from the injury of several plaintiffs on a hospital construction site, when a portion of the construction collapsed. Three actions were ultimately filed, before being consolidated by the Court on December 12, 2017. I. Pre‐Consolidation Filings A. Case No. BC638719 1. Complaint Plaintiffs Thomas Br...

Excerpt: ...he phrase, although it may sound good, is meaningless, because “inexorably” means “in a way that is impossible to stop or prevent” or “not to be persuaded, moved, or stopped.” (See, e.g. Merriam Webster dictionary, available at https://www.merriam-webster.com/dictionary/inexorably.) The Court assumes that Plaintiff meant something more akin to “extremely important,” and will analyze Plaintiff's argument accordingly. BACKGROUND: On...

Excerpt: ...e granted, they should have either asked to amend the complaint or dismissed the defendants from these causes of action. If Plaintiffs believed that they had a valid argument for denying the Motion for Judgment on the Pleadings, they should have filed an opposition. However, Plaintiff's counsel's failure to do either is simply not professional. BACKGROUND: Plaintiffs Dominique Evans and Darryl Johnson commenced this action on March 09, 2018. The ...

Excerpt: ...s request for monetary sanctions is DENIED. PRELIMINARY COMMENTS: As indicated in this ruling, the Court is denying Plaintiff's motions to compel. Allied contends that it does not have possession of, and has not viewed, the surveillance video. It further contends that it is premature for it to respond to contention interrogatories about Plaintiff's damages. The Court notes that trial is in less than 10 weeks. If it turns out that Allied already h...

Excerpt: ...y 18, 2017, Evelyn Ward-Smith individually and as Trustee of the Trust filed her First Amended Cross-Complaint (“FACC”) for (1) Quiet Title; (2) Abuse of Process; (3) Elder Abuse - Welf. & Inst. Code § 15600, et seq.; and (4) IIED against Pamela Reny Monk. On June 8, 2017, the parties settled the case in open court, and this court dismissed this case (BC639137) and Case No. 16U11880 with prejudice. On June 22, 2017, Evelyn Ward-Smith and Eve...

Excerpt: ...ave gone to great lengths to avoid specifying anything specific at Ms. Fermin, her work with defendant, and her disability. On the other hand, instead of filing this demurrer – which will not change the trial date and only gains defendants a couple of months of law and motion practice – defendants could have simply propounded discovery to obtain the information they believe they need. Further, had the parties requested an Informal Conference,...

Excerpt: ...intiff's evidentiary objections are SUSTAINED in part and OVERRULED in part. BACKGROUND: On August 11, 2017, Plaintiff Ever Avila commenced this action against Defendant El Nuevo San Salvador Corporation for (1) negligent hiring retention, supervision, and failure to terminate; (2) assault; (3) battery; and (4) intentional infliction of emotional distress. On September 25, 2017, Mamitas, Inc. filed a cross-complaint against ROES 1-30 and also fil...

Excerpt: ...Frank Gallardo commenced this action on September 29, 2017, asserting a cause of action for general negligence against Defendants Beverly Hospital and Michael Joseph Gaxiola. Plaintiff alleges he suffered personal injury when he was assaulted by a patient, Michael Joseph Gaxiola in the lobby of the Emergency Room at Beverly Hospital in Montebello, California. Plaintiff alleges he was injured due to Defendants' negligent surveillance and guardians...

Excerpt: ...: Plaintiff Miguel Lovera commenced this action on January 31, 2019 against Defendant Papa Cantella's, Inc. for (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) declaratory judgment; (6) wrongful termination; (7) denial of and discrimination based upon the use of sick leave; and (8) failure to permit inspection of personnel and payroll records. Plaintiff alleges that Defe...

Excerpt: ...d for $65,615.51. The FAC lowers this amount to $51,046.92. As defendant notes, it is not necessary to file an FAC in order to request less money that was demanded in the complaint. On the other hand, if defendant believed “the within motion [is] moot,” (Opposition, p. 2:5), the Court does not understand why Defendant thought it was wise to spend his client's money opposing this motion. BACKGROUND: On January 25, 2019, Plaintiff Creditors Adj...

Excerpt: ...y dependent citizen of California, alleges that Defendant, who is in the business of providing long-term custodial care as a licensed 24-hour skilled nursing facility, failed to provide him with the care and treatment to which he was entitled to. On June 3, 2019, Plaintiff filed the instant motion for trial preference pursuant to Code of Civil Procedure section 36(a). ANALYSIS: A. Relevant Law “A party to a civil action who is over 70 years of ...

Excerpt: ...y continue, and if Plaintiff files a correct motion, the Court might well impose future sanctions. BACKGROUND: Plaintiff commenced this action on September 14, 2017 and filed its first amended complaint (“FAC”) the next day on September 15, 2017 against Defendant for (1) disability discrimination in employment, pursuant to Govt. Code § 12940(a); (2) failure to engage in a timely, good faith, interactive process to determine reasonable accomm...

Excerpt: ...Numbers 9, 10, and 28 and DENIED as to Numbers 14-19, 21, 24, 31-36, 41, 48-53, 55, 58, and 65. PRELIMINARY COMMENTS: This is not the first time that Strategic Legal Practices, counsel for Plaintiff, has filed motions to compel that could have been avoided by scheduling an Informal Discovery Conference. (See Court's Trial Orders, ¶IV.) It is also not the first time that plaintiff's counsel has served discovery that this Court has ruled to be ove...

Excerpt: ...tes: “In conclusion, the complaint is filled with falsehood. . . . Evidence will demonstrate that the claim of being ousted from the premises is equally untrue.” (Demurrer, p. 10:6-8.) This is improper in a demurrer, which is designed to test the sufficiency of a pleading; the grounds for bringing a demurrer must appear only on the face of a pleading or from judicially noticeable matters. (Code Civil Procedure section 430.30(a); Blank v. Kirw...

Excerpt: ...ct. On March 5, 2019, Plaintiff filed a first amended complaint (“FAC”) for (1) common counts and (2) conversion. Plaintiff alleges that on June 12, 2018, Plaintiff mistakenly transferred Bitcoin worth $101,604.12 to Defendant's account and Defendant failed to return the Bitcoin. (FAC, ¶¶ 7-13.) On July 19, 2018, the Court granted Plaintiff's ex parte application for writ of attachment in the sum of $101,604.12 against any property in Calif...

Excerpt: ...y dependent citizen of California, alleges that Defendant, who is in the business of providing long-term custodial care as a licensed 24-hour skilled nursing facility, failed to provide him with the care and treatment to which he was entitled to. On June 3, 2019, Plaintiff filed the instant motion for trial preference pursuant to Code of Civil Procedure section 36(a). ANALYSIS: A. Relevant Law “A party to a civil action who is over 70 years of ...

Excerpt: ...essor in interest, brings suit on Plaintiff's behalf, alleging (1) wrongful death; (2) elder abuse; and (3) medical malpractice. Plaintiff's sons also individually bring a cause of action for wrongful death. Plaintiff commenced this action on April 2, 2018 and filed a first amended complaint (“FAC”) on July 30, 2018. On March 13, 2019, the Court sustained Defendant Kamram Kamrava, M.D.'s demurrer to the FAC's first and second causes of action...

Excerpt: ...y judgment; (2) breach of partnership agreement; and (3) breach of fiduciary duty. The action stems from a partnership agreement between Astra and Sipperley, where Sipperley allegedly breached the partnership agreement and caused Astra harm. Astra also asserts that a New York action filed against Astra by Sipperley for a breach of a buy-out agreement should be void, invalid, and unenforceable and should be vacated and set aside. On February 2, 20...

Excerpt: ...d Cerritos Dodge, Inc. for: (1) violation of the Song-Beverly Act, Breach of Express Warranty; (2) violation of the Song-Beverly Act, Breach of Implied Warranty; (3) breach of the Song- Beverly Act section 1793.2; and (4) negligent repair. On May 31, 2018, the Court denied Defendants' motion to transfer the action to the Superior Court in the County of Orange. On November 30, 2018, Plaintiff filed a notice of association of counsel, to notify tha...

Excerpt: ...aration. (See, e.g., ¶¶ 11-37.) It cites case law and argues why the Court should make certain rulings. The declarant has been an attorney in California since December 1, 2004. Counsel should know that such a “declaration” is improper. BACKGROUND: Plaintiffs Remax Titanium Team Nuvision (“Remax”) and Rudy Kusuma commenced this action on April 12, 2017 against Defendants Golden Land Investment & Financial (“Golden Land”), William Ton...

Excerpt: ... First Amended Complaint on Defendant Alsen. On January 31, 2019, the Court ruled that “the FAC and Statement of Damages have not been properly served, and the Court orders the default set aside as void pursuant to CCP § 473(d).” (See 1/31/2019 Minute Order, p. 5.) Rather, today was scheduled as a Status Conference for Plaintiff to advise the Court whether she wished to attempt to re-serve Defendant or dismiss the case. (See 1/31/2019 Minute...

Excerpt: ... First Amended Complaint on Defendant Alsen. On January 31, 2019, the Court ruled that “the FAC and Statement of Damages have not been properly served, and the Court orders the default set aside as void pursuant to CCP § 473(d).” (See 1/31/2019 Minute Order, p. 5.) Rather, today was scheduled as a Status Conference for Plaintiff to advise the Court whether she wished to attempt to re-serve Defendant or dismiss the case. (See 1/31/2019 Minute...

Excerpt: ... to impose terminating sanctions, the Court must ordinarily find that the failure to comply with the Court's order was willful. As indicated below, to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court(1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) “As an officer of the court and membe...

Excerpt: ...9, 40, and 41 is DENIED. Plaintiff's motion to compel further responses to special interrogatories, numbers 43 and 44 is DENIED. Plaintiff's motion to compel further response to request for production of documents is DENIED. PRELIMINARY COMMENTS: The Court does not understand why the parties did not ask the Court to hold an Informal Discovery Conference to resolve the issues u underlying these motions. Having done so would have saved both parties...

Excerpt: ...ion on March 1, 2018, against Defendants Certain Underwriters at Lloyd's London Subscribing Policy Number JAR/21778 (“Underwriters”), International Jewelers Underwriters Agency, Ltd. (“IJUA”), and Neil Lieberman. On August 20, 2018, Plaintiff filed the first amended complaint, and on January 14, 2019, Plaintiff filed the second amended complaint and added Michael Neman as another defendant. On February 19, 2019, Plaintiff filed the third ...

Excerpt: ...to be paid within 20 days. PRELIMINARY COMMENTS: The Court is surprised that Defendant has not opposed this motion. If Defendant believed that its objections to the form interrogatories were valid, the Court would have expected an opposition. Conversely, if Defendant agreed with Plaintiff's motion to compel, the Court would have expected Defendant to produce further Code-compliant responses. Further, as indicated below, the Court finds that most ...

Excerpt: ...ed, yet plaintiffs have not indicated that they are planning on filing an amended complaint. The Court finds such silence to be troubling. If plaintiffs believed that the demurrer should be overruled, they should have filed an opposition. If plaintiffs agreed that the complaint needed to be amended, they should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had they done so, the c...

Excerpt: ...1) negligence; (2) violation of Vehicle Code sections 20001 and 20003; (3) violation of Vehicle Code section 23152; and (4) negligent entrustment of motor vehicle. Plaintiff alleges that Defendant Jake Morris Dante caused an injury-inducing vehicle collision with Plaintiff while driving under the influence. On March 26, 2019, Defendants filed the instant motion to strike portions of Plaintiff's complaint. ANALYSIS: A. Legal Standard Any party may...

Excerpt: ...urance Company, Anthem UM Services, and Antem, Inc. for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; and (3) violation of Business and Professions Code section 17200 et seq. On October 13, 2015 Plaintiff filed the first amended complaint against Blue Cross of California and Anthem Blue Cross Life and Health Insurance Company for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing...

Excerpt: ...ed to arbitration pursuant to the CPAC Holding Agreement and Shadow Frog Agreement. However, Cross-defendants have not shown the 2014 Employment Agreement has an existing arbitration agreement and therefore they have not shown an agreement to arbitrate Scranton's causes of action 8-11 in the FACC. The court stays the remaining claims in Scranton's FACC and the entire action brought by PES in the second amended complaint. (Code Civ. Proc., §§ 12...

Excerpt: ...aintiff National Funding, Inc. commenced this action against Defendants Falcon Systems, Inc. and Keiko Wakugawa for (1) breach of written loan agreement; and (2) breach of written guaranty. On February 3, 2017, Plaintiff filed a notice of settlement of the entire case. On March 14, 2017, the Court ordered the case dismissed with the Court reserving jurisdiction to enforce the settlement or an agreement which allows for immediate dismissal of the ...

Excerpt: ...ntiff Andrea Galante commenced this action on June 29, 2018 against Defendants Joshua Fine, et al. for: (1) professional negligence; (2) breach of oral contract; (3) breach of fiduciary duty; (4) deceit; (5) conversion. On November 9, 2019, Plaintiff filed the first amended complaint (“FAC”). On March 5, 2019, Plaintiff filed the second amended complaint (“SAC”). On February 25, 2019, the Court sustained with leave to amend Defendant Baro...

Excerpt: ...interactive process; (3) disability discrimination; (4) failure to prevent discrimination and retaliation; (5) retaliation in violation of the Fair Employment and Housing Act; and (6) wrongful termination in violation of public policy. Plaintiff alleges that his employer, Defendant, terminated his employment as an Account Executive after he took an approved medical leave for his disability of sleep apnea, high blood pressure, and hypothyroidism. ...

Excerpt: ...iff's request for sanctions is DENIED. BACKGROUND: On October 1, 2018, Plaintiff Vito Roberto commenced this action against Defendant FCA, US, LLC for: (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act and (2) breach of express warranty under the Song-Beverly Warranty Act. This Song-Beverly Consumer Warranty Act (“Lemon Law”) lawsuit stems from Plaintiff's purchase of a new 2015 Jeep Grand Cherokee, VIN...

Excerpt: ...is action in propria persona on February 1, 2019 against Defendants Federal National Mortgage Association and McCarthy & Holthus, LLC (“Defendants”), asserting one cause of action for “Declaratory Judgment – Fraud Upon the Court.” Plaintiff asserts that Defendants caused a false eviction proceeding to be filed in the public record relating to her property. (Complaint, ¶ 10.) Plaintiff also asserts that Defendants caused a Writ for Poss...

Excerpt: ...and Karlin Holdings Limited Partnership (“Plaintiffs”) commenced this action on April 20, 2018 against Defendants MLG Automotive Law, Jonathan Michaels, and Robert Duringer (“Defendants”) for: (1) intentional interference with contractual relations; and (2) intentional interference with prospective economic benefit. This action arises out of Plaintiffs' efforts to collect on a judgment entered in their favor. In 2011, Plaintiffs obtained ...

Excerpt: ...17, asserting a cause of action for general negligence against Defendants Beverly Hospital and Michael Joseph Gaxiola. Plaintiff alleges he suffered personal injury when he was assaulted by a patient, Michael Joseph Gaxiola in the lobby of the Emergency Room at Beverly Hospital in Montebello, California. Plaintiff alleges he was injured due to Defendants' negligent surveillance and guardianship of the Emergency Room at Beverly Hospital, causing P...

Excerpt: ...fendants to produce amended responses within 10 days, and to comply with their amended responses by within 20 days from today. The Court award $1,344.25 in sanctions against prior defense counsel Kestler, Derryberry LLP. BACKGROUND: Plaintiffs Carlos Munoz & Jeff Tulman commenced this action on January 26, 2018 and filed their first amended complaint (“FAC”) on September 4, 2018 against Defendants SHE Beverage Company, Inc., Lupe Rose, Sonja ...