Excerpt: ...rayer for punitive damages. BACKGROUND: On March 23, 2022, Plaintiffs Celina Rabago and Jaime Flores filed their Complaint against Defendant American Honda Motor Co., Inc. on causes of action regarding the Song-Beverly Act and fraudulent inducement by concealment. On August 11, 2022, Defendant filed its Answer. On November 2, 2022, Defendant filed: (1) Motion for Judgment on the Pleadings for the Third Cause of Action in Plaintiffs' Complaint (�...

Excerpt: ...der) to the LWDA and $11,375.00 (i.e., 25% of the remainder) for the PAGA Members, as indicated below in section II(G)(1).) BACKGROUND: On July 3, 2019, Plaintiffs Alexandrya Camacho and Skyler Wilsey, individually and on behalf of other aggrieved employees, filed their Complaint against Defendant Wheels Labs, Inc. on a cause of action pursuant to the Private Attorney General Act of 2004 (“PAGA”). On August 30, 2019, Plaintiffs filed their Fi...

Excerpt: ...hy this motion is still on calendar. The Court held an Informal Discovery Conference with counsel for both parties on these matters on November 9, 2022. At that time, it was agreed that Defendant would produce its PMK regarding overtime issues. The Court also indicated that it believed that Plaintiffs' document requests were overbroad; among other issues, these requests required production of documents from 2010-2020, they required production of ...

Excerpt: .... BACKGROUND: On November 15, 2013, Plaintiff James Murtagh, M.D. filed his Complaint against Defendant Clark Baker on causes of action of intentional interference with contractual relations, inducing breach of contract, and injunction. On January 24, 2014, Plaintiff filed his First Amended Complaint against Defendant Baker on the prior causes of action, with the addition of a cause of action for intrusion into private affairs. On August 18, 2014...

Excerpt: ...ober 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, 2022, Defendant filed her Amended Answer. On September 7, 2022, by request of Plaintiff, the Clerk's Office dismissed without prejudice the fourth cause of action for breach of written guaranty from the Co...

Excerpt: ...laintiffs Meiner et al. and Co-Claimants Feaver, Heit, and Heit Law Group. In all other respects, the Demurrer is OVERRULED. Walston's Motion to Strike is DENIED. PRELIMINARY COMMENT On October 12, 2022, Walston requested that the Court take judicial notice of a Memorandum Opinion and Order in James River Insurance Company v. Rinella & Rinella Ltd., et al. (2008) U.S. Dist. LEXIS 82978 (N.D. Ill.). It appears to the Court that this district court...

Excerpt: ... DPMI shall have 14 days to submit the supplemental production as to Nos. 39, 40, and 41. The Court GRANTS Plaintiff's request for sanctions against Defendant DPMI and its counsel in the amount of $3,410.00. BACKGROUND: On September 27, 2021, Plaintiff Suzanne Porush filed her Complaint for Damages against Defendants Dean Sherry, Paul Colacino, Dennis Sakson, and Duke Property Management, Inc. (“DPMI”) on various causes of action related to r...

Excerpt: ...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, 2022, Defendant filed her Amended Answer. On September ...

Excerpt: ...o the first, second, and fourth causes of action. The Demurrers are overruled as to the third cause of action and the issue of alter ego liability. BACKGROUND: On May 20, 2022, Plaintiff Nguyen Huynh Bao Tri filed his Complaint against Defendants Kieu Hoang, Kieu Hoang Winery, LLC, and RAAS Nutritionals, LLC on causes of action of libel per se, slander, intentional interference with contractual relations, and negligent interference with prospecti...

Excerpt: ...dants filed their Answer. On June 20, 2022, the Court granted Plaintiff's Counsel's Motions to be Relieved as Counsel. Plaintiffs have not obtained new counsel. On July 27, 2022 Defendants filed their Motion to Compel Depositions of Plaintiffs. On August 19, 2022, the Court granted the Motion to Compel Depositions of Plaintiffs. On September 28, 2022, Defendants filed their Motion for Terminating Sanctions. On October 24, 2022, Defendants filed t...

Excerpt: ... America, Inc. on causes of action related to the Song-Beverly Consumer Warranty Act. On July 29, 2021, Defendant filed its Answer. On July 6, 2022, the Court granted in part Plaintiff's Motion to Compel Defendant's Further Responses to Special Interrogatories (Set One) and Plaintiff's Motion to Compel Defendant's Further Responses to Request for Production of Documents (Set One). On July 21, 2022, Plaintiff filed her Notice of Settlement of Enti...

Excerpt: ...Awesome Group and Shengan Hu are DISMISSED without prejudice from this matter. PRELIMINARY COMMENTS: Plaintiff's Opposition is 20 pages long. According to the California Rules of Court, an opposition may be no longer that 15 pages. (CRC Rule 3.1113(d).) There was no objection to this overly-long pleading, and the Court has considered the opposition. BACKGROUND: On December 16, 2021, Plaintiff Qianqian Dong filed her Verified Complaint against Def...

Excerpt: ...t Defendant Starline Tours of Hollywood, Inc. on causes of action of: (1) Unfair Competition under UCL § 17200 (2) Common Law Unfair Competition (3) Intentional Interference with Prospective Economic Advantage (4) False Advertising On September 26, 2022, Defendant filed its Demurrer and its Motion to Strike. Defendant concurrently filed its Proofs of Service and Declaration of Demurring or Moving Party Regarding Meet and Confer. On October 18, 2...

Excerpt: ...f Appearance and Examination is GRANTED. BACKGROUND: On June 15, 2020, Plaintiff Danny Siag filed his Complaint against Defendant Jack Benudiz on causes of action of breach of contract, fraud, and common counts. On August 6, 2020, Defendant filed his Answer. On August 6, 26, 27, and 30, 2021, the Parties' appeared before the Court at Trial. On August 30, 2021, the Court found in favor of Defendant and against Plaintiff on all causes of action in ...

Excerpt: ...rms with the Court's requirements for approval of a PAGA settlement. Counsel may wish to submit competent Declarations with any motion to aide in remedying some of the deficiencies discussed below. BACKGROUND: On July 3, 2019, Plaintiffs Alexandrya Camacho and Skyler Wilsey, individually and on behalf of other aggrieved employees, filed their Complaint against Defendant Wheels Labs, Inc. on a cause of action pursuant to the Private Attorney Gener...

Excerpt: ...ly, Inc., d.b.a. The Eberly Company on causes of action related to the habitability of their leased premises. On December 6 2021, Defendants filed their Answer. On June 20, 2022, the Court granted Plaintiff's Counsel's Motions to be Relieved as Counsel. Plaintiffs have not obtained new counsel. On July 27, 2022 Defendants filed their Motion to Compel Depositions of Plaintiffs. On August 19, 2022, the Court granted the Motion to Compel Depositions...

Excerpt: ...onal tort and exemplary damages attachment. On May 24, 2022, the Court granted Defendant United Escrow Co.'s Motion to Strike Complaint Pursuant to CCP § 425.16. On August 1, 2022, the Court granted Defendant United Escrow Co.'s Motion for Attorney's Fees and Costs as the Prevailing Party Pursuant to CCP § 425.16. On August 15, 2022, Plaintiff filed her Motion for Reconsideration. On October 4, 2022, Defendant United Escrow Co. filed its Motion...

Excerpt: ...ing 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 On March 21, 2022, Judge David Sotelo issued an order relating cases BC697147 and 22STCV05772. (Minute Order, filed April 4, 2022, p. 1.) On April 25, 2022, Defendant United Escrow Co. and I...

Excerpt: ...Defendant Gordon); (2) Sexual Harassment in Violation of the Fair Employment and Housing Act (“FEHA”) (against both Defendants); (3) Failure to Prevent Harassment, Discrimination and Retaliation (against Defendant 7-Eleven); (4) Negligent Retention and Supervision (against Defendant 7- Eleven); and (5) Intentional Infliction of Emotional Distress (against both Defendants). On August 17, 2022, Defendant Levon Blake Gordon, in propria persona, ...

Excerpt: ...on to Compel Further Responses. The Court DENIES the Motion to Compel Supplemental Production. 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 Act. On February 22, 2022, Defendant General Motors LLC filed its Answer. On August 23, 2022, Plaintiff filed his Motion to Compel Defendant's Further Responses to Special Interrogato...

Excerpt: ...Court orders Defendant MassGenie, Inc. to pay Plaintiff $2,134.15 in attorney fees. BACKGROUND: On October 7, 2020, Plaintiff Matevosian Enterprises, Incorporated, d.b.a. Nationwide Distributor, filed its Complaint against Defendants MassGenie, Incorporated, Bruce Wantanabe, Sam Kim, and Dan Devries. The causes of action relate to an alleged breach of contract among the parties. On September 3, 2021, Defendants filed their Answer. On June 14, 202...

Excerpt: ...nted Defendant United Escrow Co.'s Motion to Strike Complaint Pursuant to CCP § 425.16. On August 1, 2022, the Court granted Defendant United Escrow Co.'s Motion for Attorney's Fees and Costs as the Prevailing Party Pursuant to CCP § 425.16. On August 15, 2022, Plaintiff filed her Motion for Reconsideration. Plaintiff concurrently filed: (1) Points and Authorities; (2) Declaration; and (3) Exhibits. On October 4, 2022, Defendant United Escrow C...

Excerpt: ...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 the following: (1) 10 jurors to 2 jurors found in favor of Plaintiff on her harassment claim; (2) 10 jurors to 2 jurors fou...

Excerpt: ...is not personal knowledge, but was relayed to him by Patrick Long, Defendant's General Manager. (See, e.g., Lang Declaration, ¶ 3 [“I know this because Patrick advised me that he saw Plaintiff sign the agreement.”; “I know this via verifying this fact again with Patrick.”]) However, since Plaintiff has not objected to this hearsay, the Court is not striking the statements in the Lang Declaration. BACKGROUND: On April 12, 2022, Plaintiff ...

Excerpt: ...OUND: On September 24, 2018, Plaintiff Hollywood Garden, LLC filed its Complaint against Ji Li and Yong Bai on causes of action relating to breach of contract and fiduciary duty concerning a commercial property located at 6140 Hollywood Boulevard. This case has since had a years-long procedural history, including the recent grants of terminating sanctions and a multi-million-dollar default judgment against Defendant/Debtor Ji Li after this party ...

Excerpt: ...resentative claims. BACKGROUND: On May 19, 2021, Plaintiff Phillip Hamlin filed his Complaint for Violation of the California Labor Code Private Attorneys General Act (PAGA) against Defendants Mike Thompson Recreational Vehicles and Mike Thompson Recreational Vehicles, Colton. On September 20, 2021, Defendants filed their Answer. On May 17, 2022, pursuant to the parties' stipulation, the Court continued Trial to May 30, 2023. On August 19, 2022, ...

Excerpt: ... 2021, Plaintiff Linkun Investment Incorporated filed its Complaint against Defendants Salvatore Anthony DiMaria, Shing “Jacky” Lo, ADD Enterprises, Inc., Manning's Beef LLC, Charles DiMaria & Son Inc., and Manning Land Company, LLC on various causes of action. On August 6, 2021, all Defendants (except Shing Lo) filed their Answer. On March 23, 2022, the Court took off calendar multiple discovery motions filed by Plaintiff and ordered the par...

Excerpt: ...rly Act, Civil Code section 1790 et seq. On February 9, 2022, Defendant Nissan North America, Inc. filed its Answer, which among other things included an affirmative defense for arbitration. On September 8, 2022, Defendant filed its Motion to Compel Arbitration and Stay Proceedings. Defendant concurrently filed: (1) Memorandum of Points and Authorities; (2) Request for Judicial Notice; and (3) Declaration of Carmen G. Espinosa. On October 10, 202...

Excerpt: ...ord Town Villa, LLC, Allstate Engineering, and Ha Seoup Bang regarding causes of action related to a construction defect. At issue is Oxford Town Villa, LLC's Cross-Complaint against Allstate Engineering, filed May 22, 2019. Allstate Engineering filed its Answer to the Cross-Complaint on August 30, 2019. On May 12, 2022, the Court granted Allstate Engineering's Motion for Determination of Good Faith Settlement Pursuant to Code of Civil Procedure ...

Excerpt: ...uel Doe. On February 9, 2021, pursuant to the joint stipulation of the parties, the Court ordered the parties to arbitration. On August 4, 2022, the arbitrator granted Defendant Smart & Final Stores, LLC's motion for terminating sanctions and denied Defendant's request for monetary sanctions. On August 26, 2022, Defendant Smart & Final Stores, LLC petitioned the Court to confirm the arbitration award. The Petition contains: (1) the Mutual Arbitra...

Excerpt: ...ngregate Home, Inc.; Royal Haven LLC; AGLB, Inc.; and Rancho Maria CLHF, LLC Defendants' Petition to Compel Arbitration is GRANTED. Defendants' Demurrer is DISMISSED as MOOT. PRELIMINARY COMMENTS: This motion presents the following issue: can two sophisticated businesspeople – neither of whom were coerced or pressured to agree to arbitrate – agree to resolve their dispute through a Jewish religious arbitration in front of a Beit Din? The answ...

Excerpt: ...uses of action relating to the failure to pay a book account for the sale of flowers. Plaintiff prayed for the principal sum of $55,073.60, interest at the statutory rate beginning June 24, 2005, costs of suit, and attorney fees. On June 9, 2011, the Clerk's Office entered default against Defendant John Andrade. On August 15, 2011, per Plaintiff's request, the Court dismissed Defendants Does 1 through 25. On that same day, the Court entered defau...

Excerpt: ...t of the motion. On October 6, 2022, Plaintiff filed her Opposition to the motion. Plaintiff concurrently filed a Declaration in support of the motion. On October 12, 2022, Defendant filed its Reply to the motion. ANALYSIS: I. Legal Standard for a Petition to Compel Arbitration A. Statutes “A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon su...

Excerpt: ...their Answer. On August 23, 2022, Plaintiff filed her Motion for Approval of Settlement of Claims Brought under the Private Attorneys General Act (“Motion for PAGA Settlement”). Plaintiff concurrently filed multiple Declarations in support of her Motion for PAGA Settlement. On September 20, 2022, the Court denied Plaintiff's Motion for PAGA Settlement. The Court concluded by noting that “the parties have not served the proposed settlement o...

Excerpt: ...gful termination of Plaintiff. The Complaint lists five causes of action, including harassment in violation of Government Code section 12940, subdivision (j). On September 16, 2022, Defendants filed their Demurrer. The Demurrer is only as to Plaintiff's cause of action for harassment. Defendants concurrently filed their Declaration regarding Meet and Confer, averring that a meet and confer occurred via telephone. On October 5, 2022, Plaintiff fil...

Excerpt: ...uses of action relating to the failure to pay a book account for the sale of flowers. Plaintiff prayed for the principal sum of $55,073.60, interest at the statutory rate beginning June 24, 2005, costs of suit, and attorney fees. On June 9, 2011, the Clerk's Office entered default against Defendant John Andrade. On August 15, 2011, per Plaintiff's request, the Court dismissed Defendants Does 1 through 25. On that same day, the Court entered defau...

Excerpt: ...gful termination of Plaintiff. The Complaint lists five causes of action, including harassment in violation of Government Code section 12940, subdivision (j). On September 16, 2022, Defendants filed their Demurrer. The Demurrer is only as to Plaintiff's cause of action for harassment. Defendants concurrently filed their Declaration regarding Meet and Confer, averring that a meet and confer occurred via telephone. On October 5, 2022, Plaintiff fil...

Excerpt: ...to respond within 30 days. Plaintiff Rochelle Sterling, Trustee of the Sterling Family Trust's Motion for Order of Service by Mail and Publication is DENIED as MOOT. I. BACKGROUND On May 9, 2022, Plaintiff Rochelle Sterling, Trustee of the Sterling Family Trust (“Sterling”), filed a Complaint against Defendant Mohammed M. Fawaz aka Mohammed Moet Fawaz aka Moet Fawaz alleging the following causes of action: 1. Conversion 2. Conspiracy to Commi...

Excerpt: ...signed the Arbitration Agreement. I. BACKGROUND On October 19, 2021, Plaintiff Jawchyi C. Lee filed a complaint against Defendant Kaiser Foundation Hospitals alleging the following causes of action: 1. Defamation 2. Violation of Health & Safety Code § 1278.5 3. Violations of Labor Code §§ 6300 et seq. and 6400 et seq. 4. Labor Code ¶ 1102.5 On October 22, 2021, Plaintiff Jawchyi C. Lee (“Lee”) filed a First Amended Complaint against Defen...

Excerpt: ...ust 2007-AR7, Mortgage Pass-Through Certificates Series 2007-AR7; Western Progressive; and Western Progressive, LLC's demurrer to the First Cause of Action is SUSTAINED with leave to amend. 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's demurrer to the Second, ...

Excerpt: ...to respond within 30 days. Plaintiff Rochelle Sterling, Trustee of the Sterling Family Trust's Motion for Order of Service by Mail and Publication is DENIED as MOOT. I. BACKGROUND On May 9, 2022, Plaintiff Rochelle Sterling, Trustee of the Sterling Family Trust (“Sterling”), filed a Complaint against Defendant Mohammed M. Fawaz aka Mohammed Moet Fawaz aka Moet Fawaz alleging the following causes of action: 1. Conversion 2. Conspiracy to Commi...

Excerpt: ...efendants Cintas Acuario (“Cintas”) and Pedro Rivera (“Rivera”) alleging the following causes of action: 1. Sexual Harassment 2. Intentional Infliction of Emotional Distress 3. Wrongful Termination 4. Failure to Pay All Overtime Wages Owed 5. Failure to Pay All Minimum Wages Owed 6. Failure to Provide All Required Meal Periods 7. Failure to Provide All Required Rest Periods 8. Failure to Provide Accurate Wage Statements 9. Failure to Pay ...

Excerpt: ...Church, Paul Ho Rye, Jongkil Ryu, Jae Gyoo Jang, and Robin Windom, alleging the following causes of action: 1. Breach of Promissory Note 2. Common Count 3. Account Stated 4. Conspiracy to Defraud 5. Conversion by Forgery 6. Fraud and Deceit (Promise Made Without Intention to Perform) 7. Fraud and Deceit (Intentional Misrepresentation) 8. Cancellation of Instrument 9. Forgery in Violation of Penal Code 470 PC On August 4, 2020, Cross-Complainants ...

Excerpt: ...on for Monetary Sanctions is DENIED. I. BACKGROUND On November 3, 2020, Plaintiff Lannette Johnson filed a complaint against Defendant Michael Williams alleging a single cause of action for negligence. On December 31, 2020, Johnson filed a First Amended Complaint against Defendants Michael Williams again alleging a single cause of action for negligence. On May 3, 2021, Johnson filed a Second Amended Complaint against Defendants Michael Williams a...

Excerpt: ... a two-day bench trial from May 31 to June 1, 2022, the Court found in favor of Plaintiff. (Minute Order dated June 1, 2022, p. 1.) On September 19, 2022, Plaintiff filed its Motion for New Trial (“Motion”). Plaintiff concurrently filed its Notice of Motion. Plaintiff argues that a new trial should be granted on the grounds of: (1) insufficient evidence; (2) error in law; (3) inadequate damages; and (4) irregularity in the proceedings. On Sep...

Excerpt: ...y of Pre‐Filing Order, and for an Order Requiring Plaintiff to Post $25,000 Security Moving Party: Defendant Jill Marlene Janotta Resp. Party: None Defendant Jill Marlene Janotta's Demurrer to Plaintiff Maha Moqaddem's Complaint is OVERRULED. Defendant Jill Marlene Janotta's Motion to Strike Punitive Damages and Request for Attorney's Fees in Plaintiff Maha Moqaddem's Complaint is GRANTED in its entirety. Defendant Jill Marlene Janotta's Motion...

Excerpt: ...ries, alleging the following causes of action: 1. Breach of Contract; 2. Breach of the Covenant of Good Faith and Fair Dealing; 3. Violation of Business and Professions Code § 17200; 4. Fraud; and 5. Intentional Interference with Contractual Relations On January 20, 2021, default was entered against Defendants MassGenie, Inc., Bruce Watanabe, Dan Devries, and Sam Kim. (Minute Order, April 5, 2021, p. 1.) On August 30, 2021, the Court granted Def...

Excerpt: ... non-exempt construction worker on January 1, 2012, was terminated from his employment on May 29, 2019, without being paid all outstanding wages owed to him. (Complaint, ¶¶ 1-34.) On April 8, 2021, Plaintiff Jorge Siquin (“Siquin”) filed a Complaint against Defendants Orangebin, Inc. (“Orangebin”), Yong Hwan Kim (“Kim”), and Andres Lee (“Lee”) On September 9, 2021, Siquin filed the operative First Amended Complaint against Defen...

Excerpt: ...efendants Cintas Acuario (“Cintas”) and Pedro Rivera (“Rivera”) alleging the following causes of action: 1. Sexual Harassment 2. Intentional Infliction of Emotional Distress 3. Wrongful Termination 4. Failure to Pay All Overtime Wages Owed 5. Failure to Pay All Minimum Wages Owed 6. Failure to Provide All Required Meal Periods 7. Failure to Provide All Required Rest Periods 8. Failure to Provide Accurate Wage Statements 9. Failure to Pay ...

Excerpt: ...indicated below, the Court is granting this motion. Nonetheless, it appears to the Court that this motion to quash does nothing to serve Defendants' interest. There appears to be no doubt that Plaintiff can properly serve Defendants. If so, this motion may be nothing more than a billing opportunity for Defendants' counsel. II. BACKGROUND On December 23, 2020, Plaintiff Michael Waddington filed a complaint against Defendants The Berman Law Group, ...

Excerpt: ...ic Employers Insurance Company filed a complaint against Defendant Global Reinsurance Corporation of America alleging the following causes of action: 1. Breach of Contract 2. Declaratory Relief as to the Facultative Certificate On November 18, 2021, Plaintiff Pacific Employers Insurance Company filed a First Amended Complaint against Defendant Global Reinsurance Corporation of America alleging the following causes of action: 1. Breach of Contract...

Excerpt: ...- Complaint is GRANTED. I. BACKGROUND On December 21, 2021, Plaintiffs Noah Meiner, Lennifer Hilliard, and Sandra Wilson filed a complaint against Defendants Robin Amelia Sheehan, Brian Morgan Heit, Matthew Jacob Feaver and Heit Law Group alleging the following causes of action: 1. Professional Negligence (Legal Malpractice) 2. Promissory Estoppel 3. Conversion (Civil Code §§ 1712-1713.) 4. Fraud (Civil Code § 1572.) 5. Negligent Misrepresenta...

Excerpt: ...aintiff Caroline S. Lee filed a complaint against Defendants Jong Han Lee; Bow Tie Realty and Investment. Inc.; Tracy Ko; United Escrow Co. to allege the 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: B...

Excerpt: ...unt of $34,203.59. I. BACKGROUND On December 16, 2021, Plaintiff QianQian Dong filed a verified complaint against Defendants Michael Mattox, Access the USA, LLC, Idea EB5 Bonds Fund II, LP, Idea EB5 Bonds, LP, Access US Oil & Gas, Inc., World Trade Center San Francisco, Sapient Law Group, P.C., Jason Park, Wei Fan Chen, William Yen, Shengan Hu and Awesome Group alleging the following causes of cation: 1. Negligent Misrepresentation 2. Intentional...

Excerpt: ...ectural Corporation (“Royal”); Eva Neumann; Wells Fargo Bank, National Association; Western Surety Company; East West Bank; and Does 1 through 100, inclusive. The Complaint lists causes of action regarding the alleged improper depositing of checks. On June 10, 2022, Defendant Western Surety Company filed its General Denial. Defendant Western Surety Company concurrently filed its Verified Cross-Complaint. On July 13, 2022, Plaintiff filed its ...

Excerpt: ...Donte Liggins, and Nicole Prater alleging the following causes of action. 1. Breach of Fiduciary Duty; 2. Accounting; 3. Conversion; 4. Declaratory Relief On November 19, 2020, Plaintiff Jeremy Baker filed a First Amended Complaint against Defendants Out of the Blue Records, LLC, Donte Liggins, and Nicole Prater alleging the following causes of action. 1. Breach of Fiduciary Duty 2. Accounting 3. Declaratory Relief On July 18, 2022, the Court con...

Excerpt: ...ant City of Los Angeles. The MPA accompanying the opposition is only three pages long. It does not cite to any cases, and only cites (in passing) to one statute. (See Opposition, and Opposition, p. 3:4-5.) The Court would have expected a more substantial and substantive opposition to a request for attorney's fees of almost one million dollars. BACKGROUND: On June 24, 2020, Plaintiff Brenda Baca filed her Complaint against Defendants City of Los A...

Excerpt: ...intiff Ebonee Chambers (“Chambers”), individually and on behalf of other aggrieved employees, filed a complaint against Defendants Action Youth America, LLC, Claudia Villalba, and Does 1 through 100, inclusive, to allege the following causes of action: 1. Discrimination (Cal. Govt. C. §§12900, et seq.); 2. Failure to Take Reasonable Steps to Prevent Discrimination (Cal. Gov't C. §§12900, et seq.); 3. Retaliation (Cal. Govt. C. §§12900, ...

Excerpt: ...to amend the Demurrer to the sixth cause of action (restitution). The Demurrer is OVERRULED as to the first cause of action for Breach of Contract and as to the alter ego allegations. BACKGROUND: On April 26, 2022, Plaintiff Pasta Sisters Trucks LLC filed its Complaint against Defendants LA Stainless Kings, Inc., Szabolcs Apai, and Does 1 through 20, inclusive, on causes of action regarding the sale of a food truck. On July 14, 2022, Defendants L...

Excerpt: ...e 23, 2022, Plaintiffs Amilcar Avila, Yeri Tatiana Aguilera, Amilcar Osnar Aguilera, and Ashley Aguilera by and through her guardian ad litem, Yeri Tatiana Aguilera filed a complaint against Defendant LA Properties Heffesse, LLC alleging the following causes of action: 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Nuisance 4. Negligence 5. Intentional Infliction of Emotional Distress 6. Wrongful Eviction 7. Violation of C...

Excerpt: ... as Trustee of the Sakson Family Trust and Duke Property Management, Inc.'s Motion for a Protective Order is GRANTED as to Requests for Production of Documents Nos. 1 and 2 and Deposition Topic No. 2 of Plaintiff Suzanne Porush's Deposition Subpoena to third party Ambiente Construction and Design Corp. dated August 1, 2022. Defendants' Motion for a Protective Order is DENIED as to Deposition Topic No. 1. I. BACKGROUND On September 27, 2021, Plain...

Excerpt: ...on Deck. On June 17, 2022, Plaintiff filed her First Amended Complaint. On August 18, 2022, Plaintiff filed her Motion for Leave to Amend. Plaintiff concurrently filed her Request for Judicial Notice in support of the motion. On August 31, 2022, Defendants filed their Opposition to Plaintiff's Motion for Leave to Amend. Defendants concurrently filed their Declaration of Joseph C. Craft in support of the opposition. On September 8, 2022, Plaintiff...

Excerpt: ...l Platinum Cleaning Company, LLC to Respond to Deposition Subpoena for Production of Business Records is GRANTED. Defendant California Automobile Insurance Company's Request for Sanctions in Favor of California Automobile Insurance Company and Against Platinum Cleaning Company, LLC is GRANTED in the amount of $585.00. I. BACKGROUND On December 9, 2020, Plaintiffs Caprianos Nazarian, an individual, Avo Oughourlian an individual, Sarkis Semerjian, ...

Excerpt: ...es 1 through 20, inclusive, to allege the following causes of action: 1. Breach of Operating Agreement 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Fiduciary Duty 4. Declaratory Relief On March 3, 2022, the Court granted Plaintiff Hollywood Garden, LLC's motion for terminating sanctions. On June 7, 2022, the Court issued default judgment for Plaintiff Hollywood Garden LLC against Defendant Ji Li in the amount of $6,546,516.99...

Excerpt: ...CLHF, LLC. (“Plaintiffs”) SUBJECT: Petition to Compel Arbitration and Stay Proceedings Moving Party: Defendants Elisha Kamornick, EK Healthcare Consulting, LLC, Max Health Inc., and CLHF Homes, LLC (“Defendants”) Resp. Party: Plaintiffs Yaakov Feingold, Fenton Villa, Inc.; Home of Compassion No. 2, Inc.; Family Circle CLHF, Inc; Valley Living Center, Inc.; Potter Care LLC; Healthy Life Congregate Care; Valley View Congregate Living Facili...

Excerpt: ...todian of Records of Plaintiff's Training Facility as Follows: Los Alamitos Racetrack; Request for Monetary Sanctions Against Plaintiff in the Amount of $3,661.65 Moving Party: Defendant Guadalupe Guzman (“Guzman”) Resp. Party: None Defendant Guadalupe Guzman's Motion to Compel Production of Documents Served Upon the Custodian of Records of Plaintiff's Training Facility as Follows: Los Alamitos Racetrack is GRANTED as to Requests for Producti...

Excerpt: ...intiff HCP MOP California, LP's Motion for Motion for Summary Judgment is GRANTED. Because the Court has granted Plaintiff HCP MOP California, LP's Motion for Summary Judgment, the Motion for Terminating Sanctions is DENIED as MOOT. I. PRELIMINARY COMMENTS Basically, Defendant Koletic is asking that the Court hold that she is not bound by the rental contract in which she entered due to the COVID-19 pandemic. Defendant Koletic also argues that sum...

Excerpt: ...ons is DENIED. I. BACKGROUND On November 3, 2020, Plaintiff Lannette Johnson filed a complaint against Defendants Michael Williams and Does 1-10 to allege a single cause of action for negligence. On December 31, 2020, Johnson filed a First Amended Complaint against Defendants Michael Williams to allege a single cause of action for negligence. On May 3, 2021, Johnson filed a Second Amended Complaint against Defendants Michael Williams to allege th...

Excerpt: ... America, N.A., filed a complaint against Defendants George Apea-Adu, Jr. and Zenas Park alleging monies had and received. (Complaint, p. 4:22—5:13.) On May 25, 2022, the Court found in favor of Defendants and against SLS. (Judgment, p. 1:6-9.) On May 26, 2022, the Court ordered “judgment entered for Defendant George Apea-Adu Jr and Defendant Zenas Park against Plaintiff Student Loan Solutions LLC, Successor in Interest to Bank of America, N....

Excerpt: ...After a two-day bench trial, the Court found in favor of Plaintiff. (Minute Order dated June 1, 2022, p. 1.) However, given that the Court only found in favor of Plaintiff to the same extent that Defendants had long-before offered to settle, the Court determined when awarding fees that Defendants were the prevailing party in this litigation. (Minute Order dated July 19, 2022, p. 6.) Defendants filed their Memorandum of Costs on July 19, 2022. The...

Excerpt: ...rst and Second Causes of Action and GRANTED as to the Third and Fourth Causes of Action. I. BACKGROUND On October 11, 2019, Plaintiffs Starline Tours of Hollywood, Inc. filed a complaint against Defendants Big Bus Tours Los Angeles, Inc., Open Top Sightseeing USA, and Chris Schlesinger alleging the following causes of action: 1. Unfair Competition 2. Intentional Interference with Contract 3. Intentional Interference with Prospective Economic Adva...

Excerpt: ...murrer. Defendant is demurring to the fourth cause of action because it is duplicative of the first cause of action. So what? As our Legislature declared over 150 years ago, “Superfluity does not vitiate.” (Civ.Code § 3537.) The Court sustaining a Demurrer to a duplicative cause of action gains defendant nothing. II. BACKGROUND On March 17, 2022, Plaintiff Francisco Flores (“Flores”) filed a complaint against Defendant Guadalupe Guzman (...

Excerpt: .... (“G&M”) alleging the following causes of action: 1. Employment Discrimination Because of Physical Disability (Cal. Govt. Code § 12900, et seq.); 2. Failure to Reasonably Accommodate Physical Disability (Cal. Govt. Code § 12900, et seq.); 3. Failure to Engage in a Timely, Good Faith, Interactive Process with Employee with a Physical Disability (Cal. Govt. Code § 12900, et seq.); 4. Retaliation (Cal. Govt. Code § 12900, et seq.); 5. Wrong...

Excerpt: ...ing Agreement 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Fiduciary Duty 4. Declaratory Relief On March 3, 2022, the Court granted Plaintiff Hollywood Garden, LLC's motion for terminating sanctions. On April 6, 2022, Defendant Ji Li moved the Court to reconsider its Order issued on March 3, 2022, granting terminating sanctions in favor of moving party Plaintiff Hollywood Garden, LLC. On May 10, 2022, the Court denied Defenda...

Excerpt: ... Ningbo filed its motion for an order recognizing and entering a foreign-country judgment on August 3, 2022. Defendant Star Ace Asia, Ltd. (“Star”) has not responded or otherwise participated in this matter. Ningbo filed its Request for Entry of Default Ningbo on July 1, 2022, and the Clerk entered default against Star that same day. Ningbo's request for relief in its SAC is that the Court: (1) recognize Ningbo's foreign-country judgment agai...

Excerpt: ...Kovacic's Motion to Compel Plaintiff Douglas Stork to Further Respond to Special Interrogatories, Set One, and for the Imposition of Monetary Sanctions in the Amount of $1,680.00 Against Plaintiff Douglas Stork and His Counsel, Lindsay Burton, Montse Murillo, and BB Law Group, LLP, Jointly and Severally Moving Party: Defendant Anita Kovacic Resp. Party: Plaintiff Douglas Stork The Court GRANTS in part and DENIES in part Defendant Anita Kovacic's ...

Excerpt: ...tive Defense: Proportionate Fault of Others · Fifth Affirmative Defense: Proposition 51 · Sixth Affirmative Defense: Apportionment and Contribution · Seventh Affirmative Defense: Assumption of the Risk · Eighth Affirmative Defense: Failure to Mitigate Damages · Ninth Affirmative Defense: No Proximate Cause: Comparative Fault of Plaintiff · Eleventh Affirmative Defense: Intervening Cause · Twelfth Affirmative Defense: Statute of Limitations...

Excerpt: ...d Cause of Action for Intentional Interference with Contractual Relations is OVERRULED. Defendant Heftel Broadcasting Company, LLC's demurrer as to the Fourth Cause of Action for Negligent Interference with Prospective Economic Advantage is OVERRULED. Defendant Heftel Broadcasting Company, LLC's demurrer as to the Fifth Cause of Action for Intentional Interference with Prospective Economic Advantage is OVERRULED. Defendant Heftel Broadcasting Com...

Excerpt: ...e of the State of California filed the San Francisco Superior Court Case No. CGC-15-546152 against Anne Kihagi and her affiliated entities, resulting ultimately in a bench trial and a decision against Kihagi. The trial court ordered Kihagi to pay damages of some $5.2 million and issued an injunction. (See Uchiyama Declaration, filed 1/11/22, ¶¶ 1, 41.) A second judge made post-judgment rulings adverse to Kihagi. (Uchiyama Declaration, ¶44.) An...

Excerpt: ...f Giovanni Diaz's individual PAGA claims is GRANTED as modified below. Defendants Galpin Motors, Inc., Galpin Auto Sports LLC, Galpin Jaguar Lincoln-Mercury, Inc., and Galpin Volkswagen's Motion to Strike or Dismiss Plaintiff Giovanni Diaz's representative PAGA claims is DENIED. The Court STAYS Plaintiff Giovanni Diaz's representative PAGA claims pending the arbitration. I. BACKGROUND On October 4, 2021, Plaintiff Giovanni Diaz filed a complaint ...

Excerpt: ...Angeles, Inc., filed a Complaint against Defendant Starline Tours of Hollywood, Inc., to allege the following causes of action: 1. Unfair Competition Under UCL § 17200 2. Common Law Unfair Competition 3. Intentional Interference with Prospective Economic Advantage 4. False Advertising On June 21, 2022, Plaintiff Big Bus Tours Los Angeles, Inc. moved the Court “for the issuance of a preliminary injunction against defendant Starline Tours of Hol...

Excerpt: ...aintiffs Santos Puac and Viviana Ibarra's Motion to Compel Defendant Nissan North America, Inc.'s Further Responses to their Special Interrogatories, Set One is GRANTED as to Interrogatories Nos. 25 and 43. Plaintiffs Santos Puac and Viviana Ibarra's Motion to Compel Defendant Nissan North America, Inc.'s Further Responses to their Requests for Production of Documents, Set One is GRANTED as to Request Nos. 4, 5, 9, 11, 40 and 42 and DENIED as to ...

Excerpt: ...�) Resp. Party: Plaintiff Jessica Tenorio Lazo (“Lazo”) Defendant FCA US LLC's Motion to Compel Arbitration and Stay Action is DENIED. Defendant Oremor of Ontario JCDR, LLC dba Jeep Chrysler Dodge Ram Fiat of Ontario's Motion to Compel Arbitration and Stay Action is DENIED. I. PRELIMINARY COMMENTS The Court is denying the motion for the legal reasons set forth below. However, the Court cannot struthiously ignore the policy implications that w...

Excerpt: ...: None Plaintiff Caroline S. Lee's Motion for Reconsideration is DENIED. Intervenor Bow Tie Realty & Investment, Inc., and United Escrow Co.'s Motion for Sanctions Pursuant to CCP § 128.7 is DENIED. I. BACKGROUND On March 7, 2018, Plaintiff Caroline S. Lee filed a complaint against Defendants Jong Han Lee; Bow Tie Realty and Investment. Inc.; Tracy Ko; United Escrow Co. to allege the following causes of action: 1. Breach of Contract and Resultin...

Excerpt: ...urian's demurrer to the Second Cause of Action for Hostile Work Environment Harassment in Violation of the FEHA in Plaintiff Herman Morales' First Amended Complaint is OVERRULED. Defendants Quest Diagnostics Incorporated and Quest Diagnostics Clinical Laboratories, Inc., and Hagop Timourian's demurrer to the Eighth Cause of Action for Negligent Hiring, Supervision, and Retention in Plaintiff Herman Morales' First Amended Complaint is SUSTAINED. D...

Excerpt: ...ly sentenced and has been mistreated in prison. The Court has held at least 15 hearings in this matter. Throughout that time, Plaintiff Marcus Ellington has been ably representing himself. The Court understands why Mr. Ellington would request appointment of counsel, the use of a laptop computer, to be transferred to another facility or program, or to be released from custody. As to those areas over which this Court has discretion (e.g., appointme...

Excerpt: ...urt taxes the $6,205.61 in transcript fees. Plaintiff may recover $12,453.05 of its requested $18,656.66 in court reporter fees. I. BACKGROUND On February 18, 2021, Plaintiff Coalition Apparel, Inc. filed a complaint against Defendants Made by Johnny Group, Inc., John Jung, and Ji Cheol Park aka Kevin Park, alleging the following causes of action: 1. Breach of Contract; 2. Common Count—Account Stated; 3. Common Count—Open Book Account; 4. Fra...

Excerpt: ...l Responses to Request for Production of Documents, Set One and Production of Responsive Documents is GRANTED in part and DENIED in part. The Request is GRANTED as to Request Nos. 2-4, 6, 8-40, 42-44, and DENIED as to the remaining requests. Plaintiff Burrell Construction, Inc.'s Request for Monetary Sanctions is DENIED. I. BACKGROUND On May 8, 2023, Plaintiff Burrell Construction, Inc. filed a complaint against Defendants The Dream at Tamarind, ...

Excerpt: ... Eberly, Inc. dba The Eberly Company's Request for Monetary Sanctions Against Plaintiffs Arturo Hernandez and Lidia Hernandez in the Amount of $672.50 is DENIED. I. BACKGROUND On October 26, 2021, Plaintiffs Arturo Hernandez and Lidia Hernandez filed a complaint against Defendants Kingsley 1, LLC, Charles & Cynthia Eberly, Inc. dba The Eberly Company, and DOES 1 through 100 for the following causes of action: 1. Breach of Contract; 2. Breach of I...

Excerpt: ...for the legal reasons set forth below. However, the Court cannot struthiously ignore the policy implications that would inure should our Courts grant Defendants' motion. Since there are arbitration provisions in virtually every lease agreement, upholding Defendants' 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 passe...

Excerpt: ... of Written Agreement 8. Breach of Written Agreement 9. Breach of Written Agreement 10. Open Book Account 11. Reasonable Value 12. Account Stated 13. Indebtedness 14. Unjust Enrichment Default was entered against defendants on July 11, 2022. II. ANALYSIS Default Judgement is entered against Comstock State LLC in the amount of $14,390.23 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $11,991.47 $1...

Excerpt: ...rlie DiMaria & Son, Inc., and Manning Land Co., LLC's Motion for Judgment on the Pleadings as to the First, Second, Third, Fourth, Seventh, Ninth, and Tenth Causes of Action in Plaintiff Linkun Investments, LLC's Complaint are all DENIED. I. BACKGROUND On March 19, 2021, Plaintiff Linkun Investment, Inc. filed a complaint against Defendants Salvatore Anthony DiMaria, an individual; Shing “Jacky” Lo, an individual; Add Enterprises, Inc. dba An...

Excerpt: ...nt 2. Intentional Infliction of Emotional Distress 3. Wrongful Termination 4. Failure to Pay All Overtime Wages Owed 5. Failure to Pay All Minimum Wages Owed 6. Failure to Provide All Required Meal Periods 7. Failure to Provide All Required Rest Periods 8. Failure to Provide Accurate Wage Statements 9. Failure to Pay Wages in a Timely Manner 10. Failure to Pay All Wage Due Upon Separation From Employment 11. Unfair Competition On June 17, 2022, P...

Excerpt: ...y's Fees is GRANTED in part in the amount of $1,460. I. PRELIMINARY COMMENT This motion was scheduled to be heard on August 2, 2022. Prior to the hearing, the Court posted its tentative decision. However, at the hearing, Defendant requested that the Court continue the hearing for one week to allow the parties to resolve the issue. Neither party has filed any further briefing with the Court, or indicated that the case has been resolved. If the cas...

Excerpt: ...00, Against Plaintiff Douglas Stork and His Counsel Lindsay Burton, Montse Murillo, and BB Law Group LLP, Jointly and Severally Moving Party: Defendant Anita Kovacic (“Kovacic”) Resp. Party: Plaintiff Douglas Stork (“Stork”) Defendant Anita Kovacic's Motion to Compel Plaintiff Nicole Abramson to Further Respond to Form Interrogatory No. 6.4 is GRANTED as to all of Abramson's medical providers. Defendant Anita Kovacic's Motion to Compel Pl...

Excerpt: ...ant's response shall be filed and served by ___________. I. BACKGROUND On October 29, 2020, Plaintiffs Han Moon and Susan Moon filed a Complaint against Defendant American Honda Motor Co., Inc. alleging the following causes of action: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Violation of the Song-Beverly Act Section 1793.2 4. Fraudulent Inducement �...

Excerpt: ...ourt stated: “This litigation was a waste of time. Before trial, Defendants had offered to pay $40,000.00 to Plaintiff. After 1½ years of litigation, this case went to trial. The Court awarded Plaintiff $40,000.00 – exactly what Defendants had offered prior to the litigation. In other words, Plaintiff spent 1½ years of litigation – and untold scores of thousands of dollars in attorneys fees – and gained absolutely nothing.” (July 19, ...

Excerpt: ...ourt stated: “This litigation was a waste of time. Before trial, Defendants had offered to pay $40,000.00 to Plaintiff. After 1½ years of litigation, this case went to trial. The Court awarded Plaintiff $40,000.00 – exactly what Defendants had offered prior to the litigation. In other words, Plaintiff spent 1½ years of litigation – and untold scores of thousands of dollars in attorneys fees – and gained absolutely nothing.” (July 19, ...

Excerpt: ...d Cause of Action for Intentional Interference with Contractual Relations is OVERRULED. Defendant Heftel Broadcasting Company, LLC's demurrer as to the Fourth Cause of Action for Negligent Interference with Prospective Economic Advantage is OVERRULED. Defendant Heftel Broadcasting Company, LLC's demurrer as to the Fifth Cause of Action for Intentional Interference with Prospective Economic Advantage is OVERRULED. Defendant Heftel Broadcasting Com...

Excerpt: ...rlie DiMaria & Son, Inc., and Manning Land Co., LLC's Motion for Judgment on the Pleadings as to the First, Second, Third, Fourth, Seventh, Ninth, and Tenth Causes of Action in Plaintiff Linkun Investments, LLC's Complaint are all DENIED. I. BACKGROUND On March 19, 2021, Plaintiff Linkun Investment, Inc. filed a complaint against Defendants Salvatore Anthony DiMaria, an individual; Shing “Jacky” Lo, an individual; Add Enterprises, Inc. dba An...