Excerpt: ...ourt awards sanctions of $2,200.00 against the corporate Defendant and its counsel, jointly and severally. These sanctions are to be paid within 30 days. Defendant's request for sanctions is DENIED. PRELIMINARY NOTE The discovery motions filed in this matter indicate a lack of civility between counsel. “The timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off...

Excerpt: ...mber 20, 2021, Plaintiff Suzanne Stanford filed her Request that Clerk Enter Judgment and Judgment on Final Order, Decision or Award of the Labor Commissioner. The requested judgment was to be entered against Defendant Contrast Eye LLC. On September 23, 2021, the Court entered judgment in favor of Plaintiff (now Judgment Creditor) and against Defendant (now Judgment Debtor) in the amount of $70,012.20. On February 1, 2023, Judgment Creditor filed...

Excerpt: ...in favor of Defendant and against Plaintiffs. BACKGROUND: On September 13, 2021, Plaintiffs Jack Rimokh and Joelle Rimokh filed their Complaint against Defendant California Franchise Tax Board pursuant to California Revenue and Taxation Code section 19382. On October 12, 2021, Defendant filed its Answer. On December 19, 2022, Defendant filed its Motion for Summary Judgment. Defendant concurrently filed: (1) Memorandum of Points and Authorities (�...

Excerpt: ...accrued interest and allows costs of $7,134.16 for attorney's fees and ORAP costs. BACKGROUND: On May 24, 2021, Plaintiff Law Offices of Marc Grossman filed its Verified Complaint against Defendant Alexander R. Marmureanu, M.D. on causes of action of fraud, breach of contract, recission, and unfair competition and business practices. On December 17, 2021, Plaintiff filed its Third Amended Verified Complaint. On February 22, 2022, the Court sustai...

Excerpt: ... for Production from Defendant Tervion T. Ramsey Moving Party: Plaintiff CarMax Auto Superstores, Inc. Resp. Party: None Plaintiff's RFAs Motion, ROGs Motion, and RPDs Motion are all GRANTED. The RFAs are DEEMED ADMITTED. Given that trial is set for March 27, 2023, Defendant shall have 10 days from the issuance of this Order to serve his responses to the FROGs, SROGs, and RPDs listed above. PRELIMINARY COMMENTS: It appears to the Court that the p...

Excerpt: ...on of the Fourteenth Amendment of the United States Constitution and extortion. On October 28, 2020, Defendant City of Commerce filed its Answer to the Complaint. On February 6, 2023, Defendant Mario Beltran (“Defendant”) filed: (1) Demurrer to Plaintiff's Complaint; and (2) Motion to Strike Portions of Plaintiff's Complaint. Defendant concurrently filed: (1) Declaration of Jose Luis Fuentes; and (2) Proof of Electronic Service. On February 2...

Excerpt: ....00 every month, due by the 15th of that month, until the remaining $9,000.00 is paid, with the first month's payment due by March 15, 2023, and the last payment due by November 15, 2023. Costs and attorney's fees are awarded to Plaintiff and against Defendant in the amount of $1,730.00. BACKGROUND: On February 1, 2021, Plaintiff Mario Enrique Batzibal Tzoc filed his Complaint against Defendant JHOS Logistics and Transportation Inc. on causes of ...

Excerpt: ...t Alexander R. Marmureanu, M.D. on causes of action of fraud, breach of contract, recission, and unfair competition and business practices. On December 17, 2021, Plaintiff filed its Third Amended Verified Complaint. On February 22, 2022, the Court sustained without leave to amend Defendant's Demurrer to Plaintiff's Third Amended Verified Complaint in its entirety. On March 4, 2022, the Court entered Judgment of Dismissal in favor of Defendant and...

Excerpt: ... verdict for Plaintiff awarding damages and finds Defendants/Cross- Defendants guilty of malice, oppression, or fraud. The Motion is denied as to bifurcation of liability and non-punitive damages. BACKGROUND: On February 24, 2020, Plaintiff Zohar Management, LLC filed its Complaint against Defendants Holloway Drive, LLC, Lubov Azria, Compass California, Inc., Shane Douglas Markland, Anthony J. Stellini, Sherri Ann Rogers, Utopia Development, Inc....

Excerpt: ... Inc.) filed its Complaint against Defendant PIH Health Good Samaritan Hospital on the following causes of action: (1) Breach of contract; (2) Breach of implied covenant of good faith and fair dealing; (3) Common count – open book account; (4) Negligence; and (5) Declaratory relief. On January 27, 2023, Defendant filed its Demurrer. On February 15, 2023, Plaintiff filed its Opposition. On February 22, 2023, Defendant filed its Reply. ANALYSIS: ...

Excerpt: ...aintiff filed her First Amended Complaint. On January 26, 2023, Defendant filed his Motion to Strike Portions of First Amended Complaint. On February 14, 2023, Plaintiff filed her Opposition. On February 17, 2023, Defendant filed his Reply. ANALYSIS: I. Legal Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The noti...

Excerpt: ...ct, as well as a cause of action for fraud by omission. On October 3, 2019, Ford Motor Company filed its Answer to the Complaint. On October 3, 2019, Ford of Montebello, Inc. filed its Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed another Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed its Cross- Complaint against Ford Motor Company on causes of action for indemnity, contribution, apportio...

Excerpt: ...g Trial Preference under Code of Civil Procedure § 36 is DENIED as moot. The second Motion for Order Granting Trial Preference under Code of Civil Procedure § 36 is GRANTED. Trial is set for _________, 2023. Moving party is to give notice. BACKGROUND: This case involves various allegations and causes of action surrounding the use of a certain property. For the sake of clarity, the Court refrains from using terms like Plaintiff, Defendant, Cross...

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

Excerpt: ...nts Daniel Moaddel and Moaddel Law Firm, APC on causes of action regarding alleged legal malpractice. On November 10, 2023, Plaintiffs filed their First Amended Complaint against Defendants, which included the following causes of action: (1) Attorney malpractice; (2) Breach of fiduciary duty; (3) Fraud; and (4) Violation of Business and Professions Code section 17200. On December 28, 2022, Defendants filed their Demurrer to Plaintiffs' First Amen...

Excerpt: ...ustained in part Defendants' Demurrer to the Complaint. The Court sustained the Demurrer with leave to amend the Complaint as to the causes of action for breach of fiduciary duty, rescission, violation of Vehicle Code section 11700, and violation of the Unfair Competition Law. The Court sustained the Demurrer without leave to amend the Complaint as to the cause of action for restitution. The Court overruled the Demurrer as to the cause of action ...

Excerpt: ...y: Restaurant Design Studio Corp. The Court GRANTS in part and DENIES in part the Motions. Regarding Defendant Camacho, the Motion is DENIED regarding Inspection Demand 30. Regarding Defendant Restaurant Design Studio Corp., the Motion is DENIED regarding Inspection Demands Nos. 28 through 30 and GRANTED as to Demands Nos. 36, 38 through 41, and 44 through 45. The Court declines to award sanctions. BACKGROUND: On April 5, 2022, Plaintiffs Joe Mae...

Excerpt: ...iation), eighth cause of action (promissory estoppel), ninth cause of action (fraud and concealment), tenth cause of action (defamation) eleventh cause of action (IIED), twelfth cause of action (UCL) and thirteenth cause of action (declaratory relief). Summary adjudication is DENIED as to all other causes of action and as to the prayer for punitive damages. PRELIMINARY COMMENTS: According to Plaintiff, she “does not oppose summary adjudication ...

Excerpt: ...f fiduciary duty, elder abuse, quiet title, and constructive trust. On December 22, 2021, the Court sustained Defendant's Demurrer as to the fourth cause of action for constructive trust. On December 29, 2021, Defendant/Cross-Complainant Precious Young filed her Verified Cross Complaint against Plaintiffs/Cross- Defendants Eric Young and Paula Young. On December 6, 2022, the Jury found the following after Trial: (1) that Plaintiff Eric Young prov...

Excerpt: ...f action regarding a dispute over real property. On March 25, 2022, Plaintiff filed its Lis Pendens on the real property at issue in this matter. On June 13, 2022, Plaintiff filed its First Amended Complaint against Defendants on the following causes of action: (1) Declaratory relief; (2) Breach of the implied covenant of good faith and fair dealing; (3) Promissory fraud; and (4) Intentional interference with prospective economic advantage. On Se...

Excerpt: ...nt Kia Motors America on causes of action regarding the defects with his car. The causes of action were: (1) Breach of express warranty in violation of the Song-Beverly Consumer Warranty Act; (2) Breach of implied warranty in violation of the Song-Beverly Consumer Warranty Act; (3) Violation of Civil Code section 1793.2; (4) Fraudulent inducement by concealment; and (5) Fraudulent inducement by intentional misrepresentation. On October 22, 2020, ...

Excerpt: ... Plaintiffs Allstate Insurance Company, Allstate Indemnity Company, and Allstate Northbrook Indemnity Company filed as qui tam relators on behalf of the People of the State of California their Complaint against Defendants Simon Gamzaletova, Reymond Gamzaletova, Farideh Kohan, Mustafa Asghari, West Valley MRI, Inc., and SoCal Imaging on causes of action for violations of the California Insurance Frauds Prevention Act and the California Unfair Comp...

Excerpt: ...regarding damages Plaintiff allegedly suffered due to the conditions of their home. On August 5, 2021, the Court appointed Desiree Brown as the guardian ad litem for Plaintiff Zion Perkins. On October 27, 2021, the Court found related cases 21STCV28518 and 21STCV20947, and designated 21STCV28518 as the lead case. On November 9, 2021, Plaintiffs filed their First Amended Complaint. On December 8, 2021, by request of Plaintiffs, the Clerk's Office ...

Excerpt: ...nt concurrently filed her Request for Judicial Notice. On February 8, 2023, Defendant filed her Notice of Non- Opposition. On February 9, 2023, Plaintiff filed its Opposition. The Court notes that Plaintiff's Opposition was filed late. ANALYSIS: I. Request for Judicial Notice Plaintiff requests judicial notice of: (1) City of Los Angeles Ordinance No. 186585, dated March 27, 2020; and (2) City of Los Angeles Ordinance No. 186606, dated May 6, 202...

Excerpt: ...urrer to the Verified Cross-Complaint is OVERRULED. PRELIMINARY COMMENTS: This demurrer is unopposed; the Court finds such silence to be troubling. Although it has considered Plaintiff's “Notice of Previous Filing,” such a notice is not sufficient. BACKGROUND: On August 13, 2019, Plaintiff Antone Nino and Nasrin Shakeri Nino, a partnership, filed its Verified Complaint against Defendants Nasrin Shakeri Nino (both as an individual and as a gen...

Excerpt: ...tion. If plaintiff agreed that the complaint needed to be amended, she should have agreed when meeting-and-conferring with defendants to amend the complaint or drop this cause of action. The Court questions Plaintiff's (or Plaintiff's counsel's) commitment to this case when she does not even oppose a demurrer to would eliminate one of her causes of action. BACKGROUND: On June 17, 2022, Plaintiff Rosario Rivas filed her Complaint against Defendant...

Excerpt: ...PDs. Defendant shall have seven (7) days from the issuance of this Order to provide further supplemental answers to SROGs 14 and 20. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant and its Counsel, jointly and severally, in the amount of $1,000.00. BACKGROUND: On January 13, 2022, Plaintiff Virgil Haines filed his Complaint against Defendant General Motors LLC on causes of action of the Song-Beverly Consumer Warranty Ac...

Excerpt: ...s Jong Han Lee, Bow Tie Realty and Investment, Inc., Tracy Ko, and United Escrow Co. regarding following causes of action: 1. Breach of Contract and Resulting Trust 2. General Negligence 3. Intentional Tort: Breach of Fiduciary Duty 4. Intentional Tort: Breach of Fiduciary Duty 5. Breach of Contract 6. General Negligence 7. Intentional Tort: Breach of Fiduciary Duty 8. Intentional Tort: Breach of Fiduciary Duty Multiple pleadings were filed befor...

Excerpt: ...nts Set One and Request for Sanctions against Defendant Steven Barkin Moving Party: Plaintiff Eun Chu Lee Resp. Party: None SUBJECT: Motion to have Requests for Admission, Set One, Deemed Admitted Against Defendant Steven Barkin and Request for Sanctions Against Defendant Steven Barkin Moving Party: Plaintiff Eun Chu Lee Resp. Party: None Plaintiff's RFAs Motion, FROGs Motion, SROGs Motion, and RPDs Motion are all GRANTED. The RFAs are DEEMED ADM...

Excerpt: ...ounsel, jointly and severally, in the amount of $1,685.00. Defendant's Request for Sanctions is DENIED. BACKGROUND: On May 9, 2022, Plaintiff Rochelle Sterling, as Trustee of the Sterling Family Trust, filed her Complaint against Mohammad M. Fawaz, a.k.a. Mohammad Moet Fawaz, a.k.a. Moet Fawaz. On December 30, 2022, Plaintiff filed her First Amended Complaint. On December 30, 2022, Plaintiff filed her Motion to Seal. Plaintiff concurrently filed:...

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

Excerpt: ...laintiffs' Counsel and Plaintiffs Moving Party: Defendants Anita Kovacic, BLK Properties, LLC, and Marine View Management, Inc. Resp. Party: Plaintiffs Nicole Abramson and Douglas Stork Defendants' Motion is GRANTED in part. The Motion is GRANTED as to quashing the subpoenas served upon Marko Neri, Brent Graham, Gabi Zaarur, Dale Cornett, and Alfonso Arroyo. The Motion is DENIED as moot as to quashing the subpoena served upon David Gold. The Cour...

Excerpt: ...hborhood Association filed its Complaint against Defendants Betty Sharafi Shalom and Daniel Shalom, as trustees of the Shalom Family Trust, on causes of action of breach of contract, specific performance of contract, injunctive relief, and fraud in the inducement. On March 9, 2022, Defendants filed their Answer. On April 4, 2022, Plaintiff amended its Complaint to substitute Doe One with Betty Sharafi Shalom, Doe Two with Daniel Shalom, and Doe T...

Excerpt: ...n Plaintiff/Cross-Defendant's Motion is DENIED. Plaintiff/Cross-Defendant's Request for Sanctions is DENIED. BACKGROUND: On May 19, 2022, Plaintiffs Gas Pedal Delivery & Distribution LLC and Eric Milestone filed their Complaint against Defendant Sean P. Dunn on causes of action relating to Messrs. Milestone's and Dunn's control of Plaintiff Gas Pedal Delivery & Distribution LLC. On October 3, 2022, Defendant/Cross-Complainant filed: (1) Answer to...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...anctions Moving Party: Plaintiffs Chen Feng and Zhen Zhong Cao Resp. Party: Defendant Blake Sing Hon and Nominal Defendant LV Cheyenne LLC SUBJECT: Motion to Compel Further Responses to Plaintiffs' Requests for Production (Sets One and Two) Against Nominal Defendant LV Cheyenne LLC and Request for Sanctions Moving Party: Plaintiffs Chen Feng and Zhen Zhong Cao Resp. Party: Defendant Blake Sing Hon and Nominal Defendant LV Cheyenne LLC SUBJECT: Mo...

Excerpt: ... successor-in-interest on behalf of the Estate of Tauheedah Salaam, filed her Complaint against Defendant Martin Luther King Jr. – Los Angeles Healthcare Corporation and Nominal Defendants Hakimah Muhammad and Habeeb Muhammad. She alleges causes of action for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death. Plaintiff Fatimah Muhammad also filed her Declaration as successor in interest pursuant to Code of Civ...

Excerpt: ...fendants Today's IV Inc., d.b.a. Westin Bonaventure Hotel and Suites, Interstate Hotels and Resorts, and Aimbridge Hospitality on the following causes of action: (1) negligence; (2) premises liability; (3) intentional infliction of emotional distress; (4) breach of the implied warranty of habitability; (5) nuisance; and (6) breach of the covenant of quiet enjoyment. On August 11, 2022, Plaintiff amended her Complaint to substitute Interstate Hote...

Excerpt: ...ry Skalsky. The protective order shall cease to be effective if Plaintiffs designate Mr. Skalsky as an expert or percipient witness. The Parties' respective Requests for Sanctions are DENIED. BACKGROUND: On December 17, 2019, Plaintiffs Nicole Abramson and Douglas Stork filed their Complaint against Defendants Anita Kovacic, Marine View Management, Inc., and BLK Properties, LLC on causes of action for breach of implied warranty of habitability, n...

Excerpt: ...3. The Court DENIES Plaintiff's Request to Compel Further Production of Requests Nos. 26, 27, 28, 29, 30, 31 and 32. Plaintiff's Request for Sanctions is DENIED. BACKGROUND: On November 8, 2022, Plaintiff Corina Medina filed her Complaint against Defendant California Herbal Remedies, Inc. on causes of action regarding violations of the Labor Code and the Business & Professions Code. On May 10, 2022, Defendant filed its Answer. On July 14, 2022, t...

Excerpt: ...ses of action involving Civil Code sections 1790, et seq., otherwise known as the Song-Beverly Consumer Warranty Act. On July 21, 2021, Defendant filed its Answer. On October 28, 2022, after hearing the evidence and arguments at Trial, the Jury returned the following Special Verdicts in favor of Plaintiff: (1) as to breach of express warranty, finding damages of $28,388 and imposing no penalties; and (2) as to breach of implied warranty, finding ...

Excerpt: ...auses of action related to repeated instances of mold in Plaintiff's home which led to a collapse of the home's ceiling. On December 30, 2021, Plaintiff filed her First Amended Complaint (FAC). The FAC included the same original Defendants, as well as Defendant Jeffrey Sakson as Trustee of the Sakson Family Trust (“Defendant Sakson”). On January 14, 2022, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendants Sherr...

Excerpt: ...omplaint against Defendants Stella Koletic, D.D.S., Inc. and Stella Koletic on causes of action of breach of written lease, account stated, money had and received, and breach of written guaranty. On October 7, 2021, Defendant Stella Koletic, in propria persona, filed her Answer. On January 3, 2022, by request of Plaintiff, the Clerk's Office dismissed without prejudice Defendant Stella Koletic, D.D.S., Inc. from the Complaint. On February 18, 202...

Excerpt: ...adway Imaging, Inc. is ORDERED to make its person most qualified available within 30 days of the issuance of this Order. Plaintiff Allstate Insurance Company is AWARDED $1,060.00 in sanctions against Third Party Broadway Imaging, Inc. BACKGROUND: On September 11, 2020, Plaintiffs Allstate Insurance Company, Allstate Indemnity Company, and Allstate Northbrook Indemnity Company filed as qui tam relators on behalf of the People of the State of Calif...

Excerpt: ... Defendant Summerland Partners, Inc. on causes of action for trespass to trees and negligence. On January 14, 2020, Plaintiff filed its First Amended Complaint against Defendant on the same causes of action. On July 27, 2020, the Court granted in part Defendant's motion to strike as to the First Amended Complaint's Prayer, ¶ 5. On September 10, 2020, Defendant filed its Answer. On September 2, 2022, Defendant filed its Motion to Bifurcate Trial....

Excerpt: ...y: Plaintiff Zohar Management, LLC SUBJECT: Motion to Compel Responses, Without Objections, to Form Interrogatories, Set Two Propounded on Plaintiff Moving Party: Defendant Compass California, Inc. Resp. Party: Plaintiff Zohar Management, LLC Defendant Compass California, Inc.'s Motion for Admissions is DENIED as Moot. Defendant Compass California, Inc.'s Motion to Compel Responses to Form interrogatories is GRANTED. Defendant Compass California,...

Excerpt: ...cole Abramson and Her Counsel Moving Party: Defendant BLK Properties, LLC Resp. Party: Plaintiff Nicole Abramson Defendant BLK Properties, LLC's Motion to Compel Further Exam of Abramson is DENIED without prejudice. The Request for Sanctions is DENIED. Defendant BLK Properties, LLC's Motion to Compel Further Exam of Stork is DENIED without prejudice. The Request for Sanctions is DENIED. BACKGROUND: On December 17, 2019, Plaintiffs Nicole Abramson...

Excerpt: ...mplaint against Swall Heights, LLC on a cause of action for violation of Civil Code § 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint against Defendant on causes of action for: (1) violation of Civil Code § 895, et seq.; (2) fraud; and (3) negligent misrepresentation. On December 21, 2021, pursuant to a stipulation by the Parties, the Court entered its Order, which among other things, ordered the Parties to submit a f...

Excerpt: ...ring into an appropriate protective order that would preclude the dissemination of the information discovered. BACKGROUND: On February 1, 2019, Plaintiff filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident: (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Co...

Excerpt: ...awsuits [see Defendants' Demurrer, p. 1:4 and fn. 1] is irrelevant to the Court's ruling on this demurrer. Further, arguing that a “nonequity partner” is as nonsensical as a “non-flying airplane” [see Opposition to Demurrer, p. 2:7-8] does not help Plaintiff's argument; such a statement flies in the face of common practice at many large law firms. BACKGROUND: On January 14, 2022, Plaintiff Janet Sikiyan filed her Complaint against Defenda...

Excerpt: ... LLC on causes of action for breach of written contract, accounting, and common count. On September 29, 2021, pursuant to Plaintiff's oral request, the Court dismissed with prejudice this matter due to the Parties' settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 25, 2022, Plaintiff filed its Ex Parte Application...