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: ...ig Bus Tours Los 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 Star...

Excerpt: ...int is SUSTAINED pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a cause of action against these named defendants. Defendants Kieu Hoang, Kieu Hoang Winery, LLC, and RAAS Nutritionals, LLC's demurrer as to the First Cause of Action for Libel in Plaintiff Nguyen Huynh Bao Tri aka John Tri Nguyen's Complaint is SUSTAINED with leave to amend pursuant to CCP § 430.10(e) for failure to state facts sufficient to consti...

Excerpt: ...erica, Inc. (“Nissan”) The motions to compel further discovery responses are taken OFF CALENDAR. The Court orders the parties to attend an IDC prior to ruling on these motions. (See Department 34 Trial Orders, part VII(B).) The Court orders the parties contact Department 34's judicial assistant, Reyna Navarro, at (213) 633-0154 to schedule this informal discovery conference. I. BACKGROUND On September 1, 2021, Plaintiffs Santos Puac and Vivia...

Excerpt: ...Arbitration is GRANTED. This action is STAYED until arbitration procedures under the Arbitration Agreement conclude. I. BACKGROUND On March 8, 2022, Plaintiff Mohammed “Mo” Sajady filed a complaint against Defendant Cedars-Sinai Medical Center alleging the following causes of action: 1. Age Discrimination in Violation of the Fair Employment & Housing Act (Government Code § 12940 et seq.) 2. Failure to Take All Reasonable Steps to Prevent Dis...

Excerpt: ...GROUND On November 23, 2021, Plaintiff Community Family Care Medical Group IPA, Inc. filed a verified complaint against Defendants Heritage Provider Network, Inc., Regal Medical Group, Inc., Sierra Medical Group, Inc., Lakeside Medical Organization, a Medical Group, Inc., Doll Amir & Eley, LLP, and Michael M. Amir to allege malicious prosecution. On December 15, 2021, Plaintiff Community Family Care Medical Group IPA, Inc. filed a Verified First ...

Excerpt: ...Cause of Action for Express Breach of Contractual Duty to Defend and/or to Pay Defense Costs from the Outset in Cross-Complainants/ Defendants Gregory Walston, and Walston and Associates dba The Walston Law Group's First Amended Cross-Complaint is SUSTAINED. 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 Fe...

Excerpt: ...ocedure section 1285, et seq., for an order entering judgment confirming the Financial Industry Regulatory Authority Dispute Resolution (“FINRA”) Arbitration Award (“Award”) rendered in the matter entitled Mary Susie McAllister Morton, Individually and on behalf of the Susie McAllister Morton Living Trust DTD 05/06/02 vs. Morgan Stanley Smith Barney LLC (FINRA DR Case No. 19-03229) (the “Expungement Arbitration”).” (Motion, p. 1:27�...

Excerpt: ...'s Fees is GRANTED in part in the amount of $1,460. I. BACKGROUND On November 5, 2020, Plaintiff Edmundo Espinosa filed a verified complaint against Defendant Carlos Thomas Espinosa alleging the following causes of action: 1. Quiet Title; 2. Declaratory Relief; 3. Partition; 4. Accounting; and 5. Unjust Enrichment On April 5, 2022, the Court ordered Plaintiff's Complaint dismissed without prejudice and retained jurisdiction to make order to enfor...

Excerpt: ...ix, Inc.'s Second Amended Complaint is OVERRULED. Defendants Skoti Collins Productions and Gary Skoti Collins' Motion to Strike Portions of Plaintiff Volt Mediafix, Inc.'s Second Amended Complaint is GRANTED as to the entirety of paragraph 84 and DENIED as to the First and Second Causes of Action. I. BACKGROUND On December 22, 2021, Plaintiff Volt Mediafix, Inc. (“Volt”) filed a complaint against Defendants Skoti Collins Productions, Inc. (�...

Excerpt: ...ieved employee.” I. BACKGROUND This is a Labor Code dispute arising from alleged violations of law governing required rest periods, overtime pay, reimbursement of employer related expenses, and improper wage statements. On April 9, 2020, Plaintiff filed a complaint alleging Defendant violated provisions of the Private Attorneys General Act of 2004, Cal. Lab. Code §§ 2698 et seq. On July 5, 2022, Defendant moved this Court to dismiss, or in th...

Excerpt: ...GRANTED in the amount of $12,585.29. I. BACKGROUND On November 15, 2021, Plaintiff Christopher W. Parker filed a complaint against Defendants Andy Watts and Courtney Watts alleging two breach of contract causes of action. On January 18, 2022, Parker filed a First Amended Complaint against Defendants Andy Watts and Courtney Watts alleging three breach of contract causes of action. On May 11, 2022, Parker moved the Court for an order granting summa...

Excerpt: ...fendants EJT Holdings, Inc. and Sean Thomas' Motion for Summary Adjudication of Plaintiff Good Tidings Baptist Church's Third, Fourth, Sixth, Seventh and Eighth Causes of Action is DENIED. Defendants EJT Holdings, Inc. and Sean Thomas' Motion for Summary Adjudication of Plaintiff Good Tidings Baptist Church's Fifth Cause of Action for Accounting is DENIED as MOOT. I. BACKGROUND On March 6, 2020, Plaintiff Good Tidings Baptist Church filed a compl...

Excerpt: ... Evidentiary Sanctions and Monetary Sanctions of $5,605.00 Against Plaintiff is DENIED. Plaintiff Lannette Johnson is ordered to submit to Defendant Michael Williams' deposition within two weeks (14 days) of this hearing. Plaintiff Lannette Johnson is ordered to pay monetary sanctions to Defendant Michael Williams in the amount of $2,065.00. I. BACKGROUND On November 3, 2020, Plaintiff Lannette Johnson filed a complaint against Defendants Michael...

Excerpt: ...d for an order to allow immediate, emergency discovery to proceed. “More specifically, Petitioners seek the issuance of an Order from this Court that will facilitate Petitioners' efforts to locate and preserve the Can- Am Maverick vehicle, which was involved in the death of decedent Peng Wang.” (Petition, p. 1:26-28.) On May 6, 2022, Brianna J. Strange, counsel for Petitioners Hualun Wang and Hua Sun, parents of decedent Peng Wang and his nex...

Excerpt: ... 28, 2022, Plaintiff Big Bus Tours Los 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 ...

Excerpt: ...in costs. I. PRELIMINARY COMMENTS Plaintiff's attorneys, Strategic Legal Practices, has filed numerous requests for attorney's fees in this courtroom. Almost every time, counsel has requested judicial notice of numerous rulings by other trial courts on motions for attorney's fees. Each time, this Court has denied the Request for Judicial Notice, because judicial notice of these documents would be improper. (See infra, § III(B).) In this case, co...

Excerpt: ...perty at 2103 Cathryn Dr, Rosemead, CA 91770 (“Subject Property”), and to then either [sell] the real property or rent out the property” between Plaintiff King Fang and Defendant Qingxian Li. (Motion (RPD), p. 3:3-5; Complaint, ¶¶ 12-18.) Fang would provide startup capital, but both parties were under the original pact equally responsible for remodeling and maintenance expenses “while the real property is ‘flipped' for better value.�...

Excerpt: ...�) Resp. Party: Defendant Gary Skoti Collins (“Collins”) SUBJECT: Plaintiff Volt Mediafix, Inc.'s Motion for an Order Compelling Defendant Skoti Collins Productions, Inc.'s Further Responses and Production of Documents to Plaintiff's Request for Production of Documents (Set One) and for an Award of Monetary Sanctions Pursuant to CCP §§ 2023.010(d), 2023.010(e), and 2023.030 as Against Defendant Skoti Collins Productions, Inc. and Its Counse...

Excerpt: ...n July 13, 2020, Plaintiff LA Legends, LLC filed a complaint against Defendants Los Angeles Immanuel Mission 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. C...

Excerpt: ...se of Action for Violation of Vehicle Code §§ 20001 & 20003 is GRANTED. Defendant Dante's Motion for Summary Adjudication and Dismissal of Plaintiff's Third Cause of Action for Violation of Vehicle Code § 23152 is GRANTED. Defendants BEP and Pett Dante's Motion for Summary Adjudication and Dismissal of Plaintiff's Fourth Cause of Action for Negligent Entrustment of a Motor Vehicle is DENIED. Defendant Dante's Motion for Summary Adjudication an...

Excerpt: ... $75,386.25. I. BACKGROUND On November 6, 2020, Plaintiff 226 Central, LLC filed a complaint against Defendants Ajay Beri, Rita Beri a/k/a Ritu Beri and Subway Real Estate LLC alleging Breach of Contract. On June 1, 2022, following a trial, the Court found in favor of Plaintiff 226 Central, LLC, and against Defendants Subway Real Estate, LLC, Ajay Beri, and Rita Beri, jointly and severally in the amount of $40,000.00. (Minute Order, June 1, 2022,...

Excerpt: ...nient Forum is GRANTED. 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, Awesome Group, and Does 1 through 100, inclusive, to allege the following causes of cation: 1. Neg...

Excerpt: ...tiff Corina Medina Resp. Party: Defendant California Herbal Remedies, Inc. SUBJECT: Motion to Compel Further Responses to Plaintiff's Special Interrogatories and Request for Sanctions in the Amount of $2,060.00. Moving Party: Plaintiff Corina Medina Resp. Party: Defendant California Herbal Remedies, Inc. Plaintiff Corina Medina's Motion to Compel Further Responses to Plaintiff's Form Interrogatories—Employment is GRANTED. Plaintiff Corina Medin...

Excerpt: ...dant Robert E. Grier, MHC Properties, Shawn Thomas, Pentecostal Church of God aka Iglesia De Dios Pentecostal and Does 1 through 100, inclusive, to allege the following causes of action: 1. Conversion; 2. Declaratory Relief; 3. Unjust Enrichment; 4. Breach of Fiduciary Duty; 5. Accounting; 6. Aiding and Abetting Conversion; 7. Violation of Business and Professions Code § 17200, ET SEQ; 8. Professional Negligence; and 9. Quiet Title On June 4, 20...

Excerpt: ...d Default Judgment is DENIED. I. BACKGROUND On August 1, 2016, Plaintiff Wealthquest, LLC filed a complaint against Defendants Levon Isadzhanyan dba LSI General Engineering & Construction Co. (“LSI”) and Business Alliance Insurance Company (“BAIC”) alleging the following causes of action: 1. Breach of Contract; 2. Negligence; 3. Breach of Express Warranty; 4. Unjust Enrichment; and 5. Recovery on Surety Bond On September 2, 2016, Defendan...

Excerpt: ...der Sealing the Unredacted Versions of the Stipulation for Order Determining Allocation of Settlement Proceeds is GRANTED. I. BACKGROUND "This is an action brought on behalf of the People of the State of California by Plaintiff and Relator State Farm Mutual Automobile Insurance Company (“Relator SFMAIC”) under the California Insurance Frauds Prevention Act, Cal. Ins. Code § 1871.7 et seq., against: (a) Vikram J. Singh, M.D. (“Dr. Singh”)...

Excerpt: ... II. ANALYSIS The Court GRANTS Plaintiff's request to Entry of Default Judgement in the amount of $185,732.84 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $160,283.06 $160,283.06 General Damages $0.00 $0.00 Special Damages $0.00 $0.00 Interest $24,898.78 $24,898.78 Costs $551.00 $551.00 Attorney's fees $0.00 $0.00 TOTAL $185,732.84 $185,732.84 Case Number: 22STCV01351 Hearing Date: July 11, 202...

Excerpt: ....D.S.'s Motion to Reconsider (CCP § 1008) or in the Alternative Request for Relief (CCP § 473.1) is DENIED. Plaintiff HCP MOP California, LP's Motion to Compel Further Responses to Demand for Documents and Production of Documents from Defendant Stella Koletic is GRANTED as to Demand for Production of Documents Nos. 13-16 and DENIED as to the remaining request.. Plaintiff HCP MOP California, LP's Request for Monetary Sanctions is DENIED. I. BACK...

Excerpt: ...Estate Properties I, LLC, YB Real Estate Properties II, LLC, YB Real Estate Properties III, LLC and YB Real Estate Properties IV, LLC's Amended Motion to Quash Purported Service of Summons and Complaint is GRANTED. It has been over seven months since this case was filed. The Court schedules an OSC re Dismissal and/or Case Management Conference for September ___, 2022. If Defendants have not been served, the Court will consider dismissing the case...

Excerpt: ...tate dispute emerges from a verbal agreement to “purchase the property at 2103 Cathryn Dr, Rosemead, CA 91770 (“Subject Property”), and to then either [sell] the real property or rent out the property” between Plaintiff King Fang and Defendant Qingxian Li. (Motion (RPD), p. 3:3-5; Complaint, ¶¶ 12-18.) Fang would provide startup capital, but both parties were equally responsible for remodeling and maintenance expenses “while the real ...

Excerpt: ...tion for Negligence, Second Cause of Action for Premises Liability, and Fourth Cause of Action for Trespass in Plaintiff Lewis Hollman's Complaint are all OVERRULED. Defendant Flexcor Construction Services, Inc.'s Demurrer to the Third Cause of Action for Negligence in Plaintiff Lewis Hollman's Complaint is OVERRULED. I. BACKGROUND On December 2, 2021, Plaintiff Lewis Hollman filed a complaint against Defendants Glenn Deneve; West Coast Helical P...

Excerpt: ...o the First through Ninth Causes of Action of Plaintiffs' First Amended Complaint is OVERRULED. Defendant Blake Sing Hon's Motion to Strike Portions of Plaintiffs' First Amended Complaint is DENIED. I. BACKGROUND On October 15, 2021, Plaintiffs Chen Fang and Zhen Zhong Cao filed a complaint individually and derivatively on behalf of LV Cheyenne LLC against Blake Sing Hon individually and in his capacity as a managing member of LV Cheyenne LLC to ...

Excerpt: ...y: Plaintiffs Salomon Nava Salvador aka Salomon S. Nava and Carmen Nava American Honda Motor Co., Inc.'s Demurrer to the Fraudulent Inducement—Concealment in Plaintiffs' Complaint is OVERRULED. American Honda Motor Co., Inc.'s Motion to Strike Portions of Plaintiffs' Complaint is DENIED. I. BACKGROUND On April 11, 2022, Plaintiffs Salomon Nava Salvador aka Salomon S. Nava and Carmen Nava filed a complaint against Defendant American Honda Motor ...

Excerpt: ...Inc. (“Kia America”) Plaintiff Lillian Jimenez Ortiz's Motion to Compel Defendant's Further Responses to Special Interrogatories (Set One) is GRANTED as to Special Interrogatory No. 43 and DENIED as to the remaining Special Interrogatories. Plaintiff Lillian Jimenez Ortiz's Motion to Compel Defendant's Further Responses to Request for Production of Documents (Set One) is GRANTED as to Request for Production of Documents No. 11 and DENIED as t...

Excerpt: ...following: 1. Battery 2. Negligence Per Se 3. Negligence 4. Intentional Infliction of Emotional Distress 5. Negligent Infliction of Emotional Distress On May 31, 2022, the Court ordered that “Judgment is entered for Plaintiff David H and against Defendant David Briggs Reaume on the Complaint filed by David H. on 7/17/2019 as follows: special damages, $50,000.00; punitive damages, $50,000.00; emotional distress damages, $4,000,000.00 for a total...

Excerpt: ...Corporation dba Osagai International SUBJECT: Eagle Mist Corporation dba Osagai International and Kevin Laughlin's Motion to Tax or Strike Costs of Sapphire Bakery Company, LLC Moving Party: Cross-Defendant and Cross-Complainant Eagle Mist Corporation dba Osagai International and Cross Defendant Kevin Laughlin Resp. Party: None Plaintiff/ Cross-Complainants/ Cross Defendants Defense Nutrition, LLC and Ori Hofmekler's Motion for Determination of P...

Excerpt: ...ship, L.P. alleging the following causes of action: 1. Declaratory Relief 2. Breach of Contract 3. Breach of Implied Covenant of Good Faith and Fair Dealing On December 2, 2021, Plaintiffs AT&T Services, Inc. and DIRECTV, LLC filed a First Amended Complaint against Defendant Kilroy Realty Finance Partnership, L.P. alleging the same causes of action. On June 8, 2022, Plaintiffs AT&T Services, Inc. and DIRECTV, LLC moved the Court to bifurcate the ...

Excerpt: ...Element 7 Hesperia LLC Resp. Party: Plaintiffs American Patriot Brands, Inc., and GH Group, Inc. SUBJECT: Motion of Defendant Element 7, LLC to Sever Plaintiff American Patriot Brands, Inc.'s Claims into Separate Action Moving Party: Defendants Element 7, LLC; Sigra, LLC; Element 7 American Canyon LLC; PH Investments Group LLC; Element 7 Willits LLC; Element 7 Mendota LLC; E7 Dunsmuir LLC; Element 7 Lemon Grove LLC; Element 7 Eureka LLC; Element ...

Excerpt: ...y 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. Fraud and Deceit; 5. Negligent Misrepresentation; and 6. Unfair Competition (Cal. Bus. & Prof. Code § 17200) On March 24, 2021, Coalition filed a First Ame...

Excerpt: ...sing 4. Translation 5. Profiting 6. Slaving 7. Vandalizing On May 25, 2022, Defendant Tacos El Arco demurred “jointly and severally” to Plaintiff's Complaint in its entirety. On May 31, 2022, Plaintiff David Ramirez-Europa opposed Defendant's demurrer. II. ANALYSIS A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. (Cty. of Fresno v. Shelton (1998) 66 Cal.App.4th 996, 1008–09; Blank v. Kirwan (...

Excerpt: ...lation of the FEHA 2. Disability Discrimination in Violation of the FEHA 3. Failure to Engage in Good Faith Interactive Process in Violation of the FEHA 4. Failure to Provide Reasonable Accommodation in Violation of the FEHA and the PDLL 5. Failure to Prevent Discrimination in Violation of the FEHA 6. Medical Leave Retaliation in Violation of the CFRA 7. Violation of CFRA Right to Job Protected Leave 8. Violation of PDLL Right to Job Protected Le...

Excerpt: ...Guzman's demurrer to the Fifth Cause of Action for Unjust Enrichment is SUSTAINED WITH LEAVE TO AMEND. Defendant Guadalupe Guzman's demurrer to the Sixth Cause of Action for Promissory Estoppel is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Guadalupe Guzman's demurrer to the Seventh Cause of Action for Defamation is OVERRULED. Defendant Guadalupe Guzman's demurrer to the Eighth Cause of Action for Intentional Misrepresentation is OVERRULED. Defen...

Excerpt: ...e cause of action for abuse of process. On March 3, 2022, Defendant United Escrow Co. moved the Court, “pursuant to Code of Civil Procedure § 425.16, to strike the Complainant [sic] filed by Caroline S. Lee (“Lee") [mis-matched quotation marks in original] filed on or about 2-15-2022, alleging a single cause of action for abuse of process.” (Anti-SLAPP Motion (United 1), p. i:21-23.) On March 21, 2022, Defendants Tracy Ko and Douglas Chadw...

Excerpt: ...Counts On December 17, 2021, Gendel filed a Motion to Quash Service of Summons. On March 17, 2022, Gendel's Motion to Quash Service of Summons was taken off calendar, as the Court found that the present case “may be related to 1344 N Highland LLC v. Sanford Gendel, Case No. 20STCV45971.” (Minute Order, March 17, 2022, p. 1.) Plaintiff 1344 N. Highland Ave, LLC was “ordered to file a Notice of Related Case with respect to this action and 134...

Excerpt: ...sory Estoppel 3. Negligent Misrepresentation On May 26, 2022, Defendant Sean Berwald moved for an order quashing service of the summons and complaint on the ground of lack of personal jurisdiction over Berwald. (Motion, p. 2:4-6.) On June 13, 2022, Plaintiff MiGo Trading, LLC opposed Berwald's motion. II. ANALYSIS A. Evidentiary Objections Defendant Sean Berwald submitted evidentiary objections to the Declaration of Zvi Arenstein filed in support...

Excerpt: ...� Set One and Set Two; Request for Monetary Sanctions in the Amount of $1,935.00 Moving Party: Plaintiff and Cross-Defendant Ari Chazanas Resp. Party: None SUBJECT: Plaintiff and Cross‐Defendant Ari Chazanas' Motion to Compel Vazgen Hakopian AKA Vazgen Hakobian to Respond to Special Interrogatories‐ Set Three; Request for Monetary Sanctions in the Amount of $1,935.00 Moving Party: Plaintiff and Cross-Defendant Ari Chazanas Resp. Party: None P...

Excerpt: ...al, Inc., Joshua Song, and Justin Jang, alleging the following causes of action: 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Account Stated 4. Open Book Account The Court held a bench trial spanning three days, February 17, 2022, February 24, 2022, and March 1, 2022. Plaintiff's counsel spent 2.5 hours in direct and cross-examination; defense counsel spent 2.0 hours, for a total of 4.5 hours of testimony. On Marc...

Excerpt: ...co Conejo, Rogelio Montezuma, Octavio Moya, and Juan Zasueta filed a complaint against Defendants Vertex Transportation, Inc.; Square One Logistics, Inc., and Raymond Alda, alleging the following: 1. “race/national origin, age, actual/perceived disability, and sex/gender harassment, discrimination, and retaliation in violation of the California Fair Employment and Housing Act (“FEHA”) 2. failure to engage in the good-faith interactive proce...

Excerpt: ...filed a complaint against Defendant City of Commerce, a municipality operating in Los Angeles County, California, and Mario Beltran, alleging the following: 1. Violation of Fourteenth Amendment (42 USC § 1983) 2. Extortion § 523 On December 1, 2020, the Court denied Defendant Mario Beltran's anti-SLAPP motion. On December 22, 2020, the Court denied City's anti-SLAPP motion, filed November 23, 2020. (Minute Order, December 22, 2020, pp. 1, 3.) O...

Excerpt: ...tract Action is GRANTED in the amount of $493,758.07. I. BACKGROUND This action arises from the manufacture of nutrition bars by Sapphire Bakery at the request of Eagle Mist. Eagle Mist was hired by Defense Nutrition to facilitate the manufacturing of nutrition bars for Julian Bakery. From April to July 2016, Sapphire Bakery manufactured Primal Whey and Paleo protein bars utilizing Defense Nutrition's formulas and ingredients provided by Eagle Mi...

Excerpt: ...hun are DENIED. I. BACKGROUND On July 13, 2020, Plaintiff LA Legends, LLC filed a complaint against Defendants Los Angeles Immanuel Mission 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 (Inte...

Excerpt: ... Bruce Eliot Fishman, M.D., F.I.C.S., Inc.'s Motion to Compel Defendant Woodland Hills Capital, LLC's Further Responses to Requests for Admissions, Nos. 2, 3, 9, 16, and 24, Set One; Request for Sanctions Against Counsel Moving Party: Defendant Bruce Eliot Fishman, M.D. F.I.C.S., Inc. (“Fishman”) Resp. Party: Plaintiff Woodland Hills Capital, LLC dba Encino Tower Partners (“Woodland”) SUBJECT: Defendant Bruce Eliot Fishman, M.D., F.I.C.S....

Excerpt: ...t's Refusal to Comply with the Court's April 25, 2022 Order Moving Party: Plaintiff NRN Holding Co., LLC (“NRN”) Resp. Party: Defendants LA Banquets, LLC, Vrej Sarkissian, and Hagop Supikian Plaintiff NRN Holding Co., LLC's Motion for Terminating Sanctions is DENIED. The Court orders monetary sanctions against Defendants LA Banquets, LLC, Vrej Sarkissian, and Hagop Supikian in the amount of $4,937.50 in fees and $60.00 in costs. I. BACKGROUND...

Excerpt: ...Burrell Construction, Inc. and George R. Robles, Jr.'s Motion to Consolidate is DENIED. I. BACKGROUND On May 8, 2023, Plaintiff Burrell Construction, Inc. filed a complaint against Defendants The Dream at Tamarind, LLC dba The Dream at Tamarind South, LLC, and Does 1 through 75, inclusive, to allege the following causes of action: 1. Breach of Contract 2. Work, Labor, and Materials/ Agreed Price 3. Open-Book Account 4. Account Stated 5. Foreclosu...

Excerpt: ...to allow immediate, emergency discovery to proceed. “More specifically, Petitioners seek the issuance of an Order from this Court that will facilitate Petitioners' efforts to locate and preserve the Can- Am Maverick vehicle, which was involved in the death of decedent Peng Wang.” (Petition, p. 1:26-28.) On May 6, 2022, Brianna J. Strange, counsel for Petitioners Hualun Wang and Hua Sun, parents of decedent Peng Wang and his next-of-kin, verif...

Excerpt: ...c., Doll Amir & Eley, LLP, And Michael M. Amir, (collectively, “Defendants”) Resp. Party: None Defendants Heritage Provider Network, Inc., Regal Medical Group, Inc., Sierra Medical Group, Inc., Lakeside Medical Organization, A Medical Group, Inc., Doll Amir & Eley, LLP, And Michael M. Amir's Application to Seal (A) Unredacted Exhibits 2 and 6 to the Declaration of Craig Steinberg Filled in Support of Plaintiff's Opposition to Motion to Strike...

Excerpt: ...ED. I. PRELIMINARY COMMENTS In its opposition, Walston states that “this case is one of at least five lawsuits by attorneys for Plaintiffs against attorney Robin Sheehan and her co-counsel.” (Opposition, p. 6:2-3.) If this is correct, the Court wonders why counsel has not filed the required Notices of Related Cases, pursuant to the California Rules of Court. (See CRC, Rule 3.300(b).) The Court raised this issue at the Case Management Conferen...

Excerpt: ...s to Defendant Holloway Drive, LLC's Requests for Admissions, Set No. Two is GRANTED, condition on Zohar's payment of $6,500.00 to Holloway and the scheduling and completion of Holloway's deposition of Zohar's Person Most Knowledgeable within two weeks of this hearing. I. BACKGROUND On February 24, 2020, Plaintiff Zohar Management, LLC filed a complaint against Defendants Holloway Drive, LLC; Lubov Azria; Compass California, Inc.; Shane Douglas M...

Excerpt: ...et forth below. However, the Court cannot ignore the policy implications that would inure should our courts grant the motion as to Volvo Car USA, LLC. Since there are arbitration provisions in virtually every RISC agreement, upholding Defendant's motion to compel arbitration would prevent any Lemon Law case from being heard in our State's courts. Upholding such a motion would eviscerate the “strongly pro- consumer” protection statutes passed ...

Excerpt: ...were evicted from their house. Son, who had legally changed his name to GOD, filed this action for, inter alia, wrongful eviction and violation of the Unruh Civil Rights Act. GOD then committed suicide; his mother Ms. Mohajer, has continued the case as GOD's successor-in-interest. “Ms. Mohajer has appeared in person at every hearing on this matter, usually with a life-sized framed photograph of her son. She clearly is a devoted mother and is em...

Excerpt: ...to allow all counsel ample time to re-submit their proposed PAGA settlement to the court. The Court reminds counsel that a Notice of Settlement was filed on October 6, 2021. On November 21, 2021, Plaintiff's counsel informed the Court that they would file the proposed Settlement Agreement with the Court within 30 days. On January 21, 2022, Plaintiff's counsel stated that, although they had reached a settlement on June 22, 2021, counsel needed ano...

Excerpt: ...410, et seq. is GRANTED. I. BACKGROUND The genesis of this lawsuit consists of Plaintiff Caroline S. Lee hiring Intervenor, Bow Tie Realty and Investment, Inc. to represent her in the sale of several Subject Properties. Plaintiff alleged in this action that, on the eve of escrow closing on the sale of the Subject Properties, Jong Han Lee, CEO of Bow Tie, amended the Residential Listing Agreement between the parties by adding a term entitling Bow ...

Excerpt: ..., Second Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing, and Fourth Cause of Action for Declaratory Relief are all OVERRULED. Defendants Ready Capital Corporation, RC Mosaic Sub, LLC, and Waterfall Asset Management, LLC's demur to the Third Cause of Action for Tortious Interference with Contract is OVERRULED. I. BACKGROUND On March 10, 2022, Plaintiff CAIS Capital filed a complaint against Defendants MREC Manage...

Excerpt: ...ist Partner Group, Inc. and Michael Caren Against Plaintiff, and Request for Monetary Sanctions Against Plaintiff and Counsel of Record Moving Party: Defendant Artist Partner Group (“Partner”) and Michael Caren (“Caren”) Resp. Party: Plaintiff Angela Pagano SUBJECT: Amended Motion to Compel Further Responses to Requests for Admission by Defendant Artist Partner Group, Inc. Against Plaintiff, and Request for Monetary Sanctions Against Plai...

Excerpt: ...AGA settlement is scheduled for June 1, 2022. The Court is posting its tentative decision one month ahead of time to allow all counsel ample time to re- submit their proposed PAGA settlement to the court. The Court reminds counsel that a Notice of Settlement was filed on October 6, 2021. On November 21, 2021, Plaintiff's counsel informed the Court that they would file the proposed Settlement Agreement with the Court within 30 days. On January 21,...

Excerpt: ... Angeles alleging the following causes of action: 1. Sex/ Gender Harassment—Hostile Work Environment in Violation of the California Fair Employment and Housing Act 2. Retaliation in Violation of the California Fair Employment and Housing Act 3. Failure to Prevent Discrimination and Retaliation from Occurring or Continuing in Violation of the California Fair Employment and Housing Act On January 11, 2022, The City moved the Court pursuant to Cal...

Excerpt: ...ants Best Energy Solutions and Technology Corp. and George Sturges, alleging the following causes of action: 1. Breach of Contract; 2. Fraud; 3. Interference with Prospective Economic Advantage On March 24, 2022, Plaintiff filed an Amendment to the Complaint, adding A Transport Corp. as a Defendant. On May 3, 2022, Defendant A Transport Corp demurred to all causes of action in Plaintiff California Fueling, LLC's Complaint “on the ground that Ca...

Excerpt: ...ory Attorney's Fees Pursuant to California Code of Civil Procedure § 425.16(c) is GRANTED in the amount of $54,354.50. I. BACKGROUND On October 13, 2017, Defendants filed a federal lawsuit against Plaintiffs to allege that Plaintiffs' websites “engaged in: (1) copyright infringement (17 U.S.C. §§ 101 et seq.); (2) copyright infringement (17 U.S.C. §§ 101 et seq.); (3) false advertising (15 U.S.C. § 1125(a)); (4) defamation; (5) trade libe...

Excerpt: ... unit at the hospital, brings this action to allege that Defendant VCA committed numerous labor code violations against her and other aggrieved employees. (FAC, ¶¶ 7-8.) On October 21, 2019, Plaintiff Monica Quinones commenced this action against Defendants VCA, Inc. and Vicar Operating, Inc. and on February 25, 2020, filed a first amended complaint (“FAC”) for (1) failure to compensate for all hours worked; (2) failure to pay minimum wage;...

Excerpt: ...abor Code Private Attorneys General Act of 2004, § 2699 et seq. (“PAGA”) filed a complaint against Defendant FS HOTELS LA, Inc. and Does 1 through 10, inclusive, to allege the following cause of action: Violation of the Private Attorneys General Act of 2004 (Labor Code §§ 2698 et seq.). On July 16, 2020, Maldonado, on behalf of himself and the people of the State of California as “aggrieved employees” acting as private attorneys genera...

Excerpt: ...arty: Defendant and Cross-Complainant E.C. Real Estate Enterprise, Inc. (“ECREE”) Plaintiff and Cross Defendant Wesley A. Calimer's demur to the First Cause of Action for Conversion is OVERRULED. Plaintiff and Cross Defendant Wesley A. Calimer's demur to the Second Cause of Action for Breach of Duty of Loyalty is OVERRULED. Plaintiff and Cross Defendant Wesley A. Calimer's demur to the Third Cause of Action for Intentional Interference with P...

Excerpt: ...um Health, LLC; Upfront Labs, LLC; Gloriosa Management, LLC; Gregory Van Dyke; UB Laboratories, Inc.; Cordova Medical Group, Inc.; Genesis Molecular Diagnostics, LLC; and Zen Recovery, LLC for violation of the California Insurance Frauds Prevention Action (“CIFPA”). (Am. Compl. ¶ 18.) to allege Violation of the California Insurance Frauds Prevention Act (Ins. Code § 1871.7.) The amended complaint contains allegations against 100 unidentifie...

Excerpt: ...(“SFRE”) Resp. Party: Plaintiff Michael Thomas Defendant SFRE Beverly Hills, Inc.'s Demurrer to the Sixth Cause of Action of Plaintiff's Second Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant SFRE Beverly Hills, Inc.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED. I. BACKGROUND On August 24, 2021, Plaintiff Michael Thomas filed a complaint against Defendants Sam Real, SFRE Beverly Hills, Inc. an...

Excerpt: ... Williams Resp. Party: None Defendant Michael Williams' Motion to Compel Deposition of Plaintiff Lannette Johnson is GRANTED. Defendant Michael Williams' Motion to Compel Further Responses From Plaintiff to Special Interrogatories, Set One is GRANTED. The Court DENIES Defendant's request for monetary sanctions. I. PRELIMINARY COMMENT on For the first 9 months of this action, Plaintiff was representing herself in pro per. Since at least the filing...

Excerpt: ...f Documents, Set One is GRANTED. Plaintiffs, the People of the State of California ex rel. California Air Resources Board Motion's Request for Monetary Sanctions is GRANTED against Defendant Speedy Fuel, Inc. in the amount of $2,750.00. I. BACKGROUND On August 10, 2020, Plaintiffs, the People of the State of California ex rel. California Air Resources Board ("the People") filed a complaint against Defendant Speedy Fuel, Inc. alleging the followin...

Excerpt: ...o. Resp. Party: Plaintiff Caroline S. Lee Defendant United Escrow Co.'s Motion to Strike Complaint Pursuant to CCP § 425.16 is GRANTED. Defendants Tracy Ko & Douglas Chadwick Biggins' Motion to Strike Complaint Pursuant to CCP § 425.16 is DENIED. I. PRELIMINARY COMMENTS The second argument in Plaintiff's 2-page opposition to United's anti-SLAPP motion is identical to the argument made by Plaintiff in her opposition to Defendants' Motions for At...

Excerpt: ... Property Purchase Agreement and Joint Escrow Instructions, ¶ 31A. I. BACKGROUND On August 9, 2021, Plaintiffs Josue Valdez and Felipe Valdez filed a complaint against Defendants Eulaio and Graciela M. Ocequeda alleging the following causes of action: 1. Specific Performance 2. Breach of Contract 3. Breach of the Covenant of Good Faith and Fair Dealing On April 15, 2022, Plaintiffs filed a motion to compel arbitration in the present case. On Apr...

Excerpt: ...es of action: 1. Violation of Subdivision (D) of Civil Code § 1793.2 2. Violation of Subdivision (B) of Civil Code § 1793.2 3. Violation of Subdivision (A)(3) of Civil Code § 1793.2 4. Breach of Express Written Warranty (Civil Code, § 1791.2(a); § 1794.) 5. Breach of the Implied Warranty of Merchantability (Civil Code, § 1791.1; § 1794; § 1795.5) 6. Fraud 7. Negligent Repair On September 23, 2020, Plaintiff Bahram Javidian filed a First A...

Excerpt: ...on for Attorney's Fees on Appeal is GRANTED in the amount of $24,570.65. Intervenor Bow Tie Realty & Investment, Inc.'s Motion for Attorney's Fees on Appeal is GRANTED in the amount of $66,598.15. I. PRELIMINARY COMMENTS Plaintiff filed two identical 2-page Oppositions to the two motions for attorney's fees. The Opposition(s) miss the point. Section I of the opposition argues that the appeal is not final. Plaintiff is incorrect. The California Su...

Excerpt: ...rney's Fees From Plaintiff's First Amended Complaint Moving Party: Defendants Inglewood Properties II LLC, Warren Family Limited Partnership, Joanne C. Warren, trustee of the Frank R. Warren and Joanne C. Warren Trust, J & J Cohen Properties LLC Resp. Party: Plaintiff Bertha Soto Defendants Inglewood Properties II LLC, Warren Family Limited Partnership, Joanne C. Warren, trustee of the Frank R. Warren and Joanne C. Warren Trust, J & J Cohen Prope...

Excerpt: ...nc., Regal Medical Group, Inc., Sierra Medical Group, Inc., Lakeside Medical Organization, a Medical Group, Inc., Doll Amir & Eley, LLP, and Michael M. Amir's Motion to Strike Pursuant to Code Civ. Proc. § 425.16 is GRANTED. I. PRELIMINARY COMMENTS Plaintiff's Opposition is 19 pages long, in violation of CRC 3.1113(d). Nonetheless, the Court has considered the entire opposition. The Court also notes that although Plaintiff has filed two declarat...

Excerpt: ...nt's demurrer without leave to amend, which was a procedural victory obtained on a mere technicality.” (Opposition, p. 1:18-20.) Not so. Plaintiff filed a complaint, a First Amended Complaint, a Second Amended Complaint and a Third Amended Complaint. Defendant was forced to file three demurrers; the Court sustained the demurrer to the TAC without leave to amend. The Court also stated, on several occasions: “This case was filed by an attorney ...

Excerpt: ...r Breach of Fiduciary Duty, Third Cause of Action for Breach of Duty of Loyalty, Fourth Cause of Action for Conversion, and Fifth Cause of Action for Negligent Misrepresentation of Plaintiff Meraki C.J. Group, LLC's Complaint are SUSTAINED WITH LEAVE TO AMEND. Defendant Ruben Sandoval's demurrer to the Sixth Cause of Action for Corporate Waste and Seventh Cause of Action for Unjust Enrichment of Plaintiff Meraki C.J. Group, LLC's Complaint are OV...

Excerpt: ...ted Escrow Co, and Does 1-25, inclusive, 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 – Breach of Fiduciary Duty On September 6, 2018, Cross-Complainant in Intervention Carolin...

Excerpt: ...[suing by her guardian ad litem, Jeanette Martinez] (“Plaintiffs”) SUBJECT: Defendant Forward Progress Management Real Estate Fund II LLC's Motion to Strike Portions of Plaintiff's Complaint Moving Party: Defendant Forward Progress Management Real Estate Fund II LLC (“Defendant”) Resp. Party: Plaintiffs Jeanette Martinez, Javier Martinez, Ayleen Giselle Martinez [suing by her guardian ad litem, Jeanette Martinez], Romualdo Matthew Martine...

Excerpt: ...ice of the application. As seen below, the Judgement Creditor has again failed to provide a proof of service; once again the Court must deny the Judgement Creditor's Application. II. BACKGROUND On June 17, 2019, Plaintiff On Deck Capital, Inc. filed a complaint against Defendants Jiniee Yoo, ind. and dba Lazy Brewing Company, and Does 1-50.) to allege the following causes of action: (1) breach of contract, and (2) common counts. Plaintiff alleges...

Excerpt: ... DENIED. Defendant First Transit, Inc. Motion for Summary Adjudication as to the Sixth Cause of Action for Defamation Per Se (Civil Code §§ 45, 46) of Plaintiff Sara Lopez's Complaint is DENIED. Defendant First Transit, Inc. Motion for Summary Adjudication as to the Seventh Cause of Action for Failure to Accommodate Disability (Government Code § 12940(a), (i), (m), (n)) of Plaintiff Sara Lopez's Complaint is DENIED. Defendant First Transit, In...

Excerpt: ...ted Escrow Co, and Does 1-25, inclusive, 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 – Breach of Fiduciary Duty On September 6, 2018, Cross-Complainant in Intervention Carolin...

Excerpt: ... for Monetary Sanctions in the Amount of $1,460.00 Moving Party: Defendant Anthony J. Stellini Resp. Party: None SUBJECT: Defendant Sherri Ann Rogers's Motion to Compel Responses, Without Objections, to Special Interrogatories, Set One Propounded on Plaintiff; Request for Monetary Sanctions in the Amount of $1,460.00 Moving Party: Defendant Anthony J. Stellini Resp. Party: None SUBJECT: Defendant Shane Douglas Markland's Motion to Compel Response...

Excerpt: ...ndants Artist Publishing Group, Artist Partner Group, Michael Caren, and Does 1-10 to allege the following causes of action: 1. Breach of Contract 2. Defamation 3. Retaliation under the Fair Employment and Housing Act 4. Intentional Interference with Prospective Economic Advantage 5. Preventing Subsequent Employment by Misrepresentation under Labor Code section 1050 6. Violation of Bus. & Prof. Code section 17200, et seq. (Unfair Competition Law)...

Excerpt: ...il Procedure § 877.6 is GRANTED. I. BACKGROUND On April 18, 2019, Plaintiff Oxford Town Villa filed a complaint against Defendants Oxford Town Villa, LLC, Allstate Engineering, Ha Seoup Bang, and Does 1-125, inclusive, to allege the following causes of action: 1. Violation of Residential Building Standards (Civil Code §§ 896 and 897) 2. Negligence of Design Professionals 3. Breach of Fiduciary Duty 4. Violation of Governing Documents 5. Unlawf...

Excerpt: ...Court DISMISSES Mosaic Real Estate Credit, LLC, Mosaic Real Estate Credit TE, LLC, and MREC International Incentive Split, LP because they no longer exist as corporate entities. The Mosaic Defendants Demurrer to the First Cause of Action for Breach of Contract (Repudiation/Anticipatory Breach) of Plaintiff CAIS Capital, LLC's Complaint is OVERRULED. The Mosaic Defendants Demurrer to the Second Cause of Action for Breach the Implied Covenant of Go...

Excerpt: ...clusive, 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 May 6, 2021, Plaintiff served Defendant Ji Li's attorneys a Notice of Deposition of Ji Li. (Fisher Decl. (filed December 10, 2021), ¶ 2, Ex. 1.) Defendant Li objected to the Notice of Deposition on May 10, 2021. (Fisher Decl. (filed December 10, 2021), ¶ 3, ...

Excerpt: ... Son, who had legally changed his name to GOD, filed this action for, inter alia, wrongful eviction and violation of the Unruh Civil Rights Act. GOD then committed suicide; his mother Ms. Mohajer, has continued the case as GOD's successor-in-interest. Ms. Mohajer has appeared in person at every hearing on this matter, usually with a life-sized framed photograph of her son. She clearly is a devoted mother and is emotionally-invested in continuing ...

Excerpt: ..., 2022 that they filed an appeal the day they filed their Reply. (See Reply, p. 1:7-8.) However, a quick check by the Court on May 4, 2022, at 2:55 pm – the day and time this tentative is being posted – indicates that no appeal has been filed. Plaintiff's Opposition suggests that the Court could modify its judgment. However, the Court has not received a motion to modify the judgment. If Plaintiff believes the motion should be modified, it can...

Excerpt: ...Levon Isadzhanyan dba LSI General Engineering & Construction Co.; Business Alliance Insurance Company, and Does 1-100, inclusive, to allege the following causes of action: 1. Breach of Contract; 2. Negligence; 3. Breach of Express Warranty; 4. Unjust Enrichment; and 5. Recovery on Surety Bond. On September 2, 2016, Defendant Levon Isadzhanyan dba LSI General Engineering & Construction Co. filed a cross-complaint against Cross Defendants Wealthque...

Excerpt: ...action. Defendants Haskell & Davis CPA, David Haskell, Gregory Davis, and Shannon Deck's demur to the Second through Sixth, Eighth, and Ninth Causes of Action of Plaintiff Janet B. Sikiyan's Complaint are SUSTAINED with leave to amend. Defendants Haskell & Davis CPA, David Haskell, Gregory Davis, and Shannon Deck's demur to the Tenth Cause of Action of Plaintiff Janet B. Sikiyan's Complaint is SUSTAINED with leave to amend for failure to state fa...

Excerpt: ...the Sum of $1,000.00 Moving Party: Defendant Steven Smith Resp. Party: Plaintiff Hector Guzman SUBJECT: Motion to Compel Responses to Defendant's Request for Production, Set One, and Request for Monetary Sanctions Moving Party: Defendant Steven Smith Resp. Party: Plaintiff Hector Guzman SUBJECT: Motion for Order Establishing Admissions and for Sanctions Moving Party: Defendant Steven Smith Resp. Party: Plaintiff Hector Guzman Defendant Steven Smi...

Excerpt: ...surance Company's Demurrer to the Second Cause of Action of Lee's Complaint for Breach of the Implied Covenant of Good Faith and Fair Dealing is SUSTAINED with leave to amend. Defendant State Farm Mutual Automobile Insurance Company's Motion to Strike Portions of Plaintiff's Complaint is DENIED as moot. I. PRELIMINARY COMMENT This demurrer is unopposed, yet plaintiff has not indicated that he is planning on filing an amended complaint. The Court ...