Excerpt: ...s that it was served on the same date. The Court does not understand the cause of this discrepancy. BACKGROUND: Plaintiff commenced this action on 05/18/16. On 08/16/17, plaintiff filed a First Amended Complaint against defendants alleging causes of action for: (1) violation of the Consumer Legal Remedies Act; (2) unfair competition; (3) breach of implied warranty of merchantability; and (4) violation of Vehicle Code section 11711.) Plaintiff all...

Excerpt: ...ed documents. Plaintiff is sanctioned in the amount of $490.00. PRELIMINARY COMMENTS: On December 18, 2017, the Court noted that plaintiff's counsel had not opposed 7 consecutive discovery motions – all of which the Court had granted. The Court stated that it could not understand why plaintiff had not even opposed defendant's motion for terminating sanctions. (See Minute Order, 12/18/2017.) On November 21, 2017, December 1, 2017, and December 1...

Excerpt: ...s-defendant in Ryutaro Isobe's Third Amended Cross-Complaint, which is not at issue here. Accordingly, Khoe is stricken as a moving party. BACKGROUND: Plaintiffs commenced this action on 1/26/17 against Defendants for: (1) breach of duties under Corporations Code sections 17701.10 and 17702.09; (2) violation of Trade Secrets Act; and (3) unfair competition. Plaintiff and defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants...

Excerpt: .... Plaintiff need not produce further response to Request Nos. 9-28. BACKGROUND: Plaintiff commenced this shareholder derivative action on 02/05/16 against defendants for: (1) conversion; (2) unjust enrichment; (3) breach of fiduciary duty; and (4) abuse of control. Plaintiff alleges that he is a 1/3 owner of nominal defendant Sage Management Co, Inc. He alleges that the other two owners, Michael and Joseph Schrage have looted the family business ...

Excerpt: ...event discrimination and retaliation in violation of the FEHA; (5) wrongful termination in violation of public policy; (6) intentional infliction of emotional distress; and (7) defamation. Plaintiff's claims arise out of defendant's decision to terminate his employment in January 2016. Plaintiff alleges that over a period of years before he was terminated, his supervisors made numerous references to his age and perceived inability to perform his ...

Excerpt: ...ment of 01/12/17.) Also on 01/12/17, the Court entered a Judgment in Condemnation in which it ordered plaintiff to pay the principal sum of $177,000.00 to defendants Yoon Kim and defendant Ingram Entertainment, Inc. (Judgment in Condemnation, 01/12/17.) On 02/08/17, plaintiff filed a Notice of Deposit indicating that the total sum of $177,094.50, “which represents the total just compensation together with interest, for the benefit of defendants...

Excerpt: ...s. Secondly, the Court notes that some of these objections are clearly frivolous. For instance, defendants object to the following statement as “Impermissible Hearsay”: “When I complained to Human Resources about on several occasions that Defendant Chrys Cokkinos was violating my work restrictions, no one would translate for me to the English speaking managers, so I tried to convey my point the best that I could.” (See Objections, p. 3:1-...

Excerpt: ...ould have been served by 03/15/18. (See Code Civ. Proc. § 1005, subd. (b).) However, defendant does not oppose this petition, and has not indicated that the late service in any way prejudiced plaintiff. Therefore, the Court will disregard this procedural error. BACKGROUND: Plaintiff commenced this action on 11/03/16. On 12/22/16, plaintiff filed a First Amended Complaint against defendant for: (1) professional negligence; and (2) breach of fiduc...

Excerpt: ...ic disclosure of private facts; and (4) false light. Plaintiff alleges that she suffered a medical emergency in her home. Her husband, a Los Angeles County Sheriff, contacted the Sheriff's department to request assistance. Plaintiff alleges that certain members of the Sheriff's department thereafter disclosed the details of her emergency to other members of the Department and to the media. ANALYSIS: Defendant County of Los Angeles moves the Court...

Excerpt: ... (3) false light. Plaintiff was an assistant sheriff with LASD for over 30 years. The claims arise out of allegations that others within LASD were spreading rumors about plaintiff and another member of the Sheriff's department. Plaintiff alleges that the rumors were being spread for the purpose of destroying his career and that his family was subjected to harassment related to the rumors. Plaintiff filed a report to the Los Angeles County Distric...

Excerpt: ...tayed pursuant to a bankruptcy stay. The stay was lifted on 9/10/14. The action proceeded to a court trial on 12/15/14. Pursuant to the terms of a settlement, the Law Offices of Barry Fischer was added as a defendant. The Court entered judgment in favor of plaintiff and against defendants in the amount of $125,000.00, but stayed entry of judgment if defendants paid $34,000.00 on or before 5/14/15 and an additional $34,000.00 by 12/14/15. The Cour...

Excerpt: ...ution; (5) violation of Gov. Code § 12900, et seq; (6) intentional infliction of emotional distress; (7) violation of Business & Professions Code § 17200; (8) fraud, negligent misrepresentation, concealment; and (9) violation of the Consumer Legal Remedies Act. On 01/08/18, the Court sustained defendants' demurrer to the eighth and ninth causes of action in the complaint. ANALYSIS: Defendants United Rentals North America, Inc. and United Rental...

Excerpt: ...nce Frauds Prevention Act (Insurance Code section 1871.7) The complaint alleges that defendants have committed fraud by submitting insurance claims for 3D MRI scans that were not actually performed. ANALYSIS: Plaintiff-Relator requests to admit Anne Raven, Ross O. Silverman, and Kathy P. Josephson to appear as counsel pro hac vice on its behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of Cali...

Excerpt: ... money had and received; (4) violations of Bus. & Prof. Code sections 6400-6415; and (5) violations of Bus. & Prof. Code sections 6450-6456. Plaintiff alleges that defendant Liskey committed legal malpractice in the course of representing her in quiet title and probate actions by, among other things, conspiring to sabotage plaintiff's rights in the properties, splitting fees with an unlicensed paralegal, and generally failing to exercise reasonab...

Excerpt: ...1/12 and that he was subsequently injured because the bicycle was negligently assembled. ANALYSIS: Defendant Sport Chalet, Inc. moves for summary judgment on the ground that plaintiff's claim for ordinary negligence is barred by his admission that he executed an enforceable wavier and release of all claims. a. Relevant Law On a motion for summary judgment or summary adjudication, “[t]he moving party bears the initial burden of production to mak...

Excerpt: ...r of 05/24/17.) By that point, the Court had already continued the OSC re Entry of Default on two separate occasions because counsel failed to attend the hearings in person and, on both occasions, sent “stand-in” counsel who could not explain why counsel could not attend or why default had not yet been entered. (Id. at p. 1, ¶ 3.) On 11/15/17, this Court granted plaintiff's first motion to set aside dismissal. The Court set a new OSC re Defa...

Excerpt: ...ment – concealment; (4) fraudulent inducement – intentional misrepresentation; and (5) fraudulent inducement – negligent misrepresentation. The action concerned a car that Plaintiff purchased and that Defendant manufactured. A Notice of Settlement was filed on 10/19/17. ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the total amount of $30,922.50 which consists of a lodestar figure of $20,615.00 and a 1.5 fee ...

Excerpt: ... 7.) Under the Agreement, Belle Oakes would receive an original loan amount of $107,294.56; the total repayment amount was $156,649.68. (Id. at ¶ 8.) As part of the Loan Agreement, defendant Esther Nederhood executed an unconditional personal guaranty. (Id. at ¶ 14.) On or about 04/27/17, Belle Oakes defaulted on the Loan by failing to make payments when due and has remained continuously in default. (Id. at ¶ 9.) Plaintiff alleges that the pri...

Excerpt: ...ubdivision (d).) PRELIMINARY COMMENTS: The Court is concerned that both counsel have apparently refused to meet-and-confer in good faith regarding this demurrer. Such action simply increases the costs to both parties. The Court again urges counsel to heed the Los Angeles Superior Court's Civility Guidelines, which can be found at http://www.lacourt.org/courtrules/ CurrentRulesAppendixPDF/Chap3Appendix3A.PDF. (See Court's Minute Order of Dec. 21, ...

Excerpt: ...n. On 12/29/17, the parties filed a Notice of Settlement of Entire Case. ANALYSIS: Plaintiff moves to dismiss, without prejudice, his Private Attorney General Act (“PAGA”) cause of action on the ground that the parties have reached a settlement as to his Labor Code claims and he no longer wishes to pursue the PAGA claim. (Motion, p. 1:11-16.) Plaintiff declares that his discovery efforts have not revealed that any other current or former empl...

Excerpt: ...rial, pursuant to a stipulation of the parties, until August 6, 2018. At that time, the Court indicated there would be no further continuances. BACKGROUND: Plaintiff commenced this action on 06/07/17. On 01/30/18, plaintiff filed a First Amended Complaint (“FAC”) against defendants alleging causes of action for: (1) breach of contract; (2) conversion; (3) fraud; (4) negligent misrepresentation; and (5) common counts. ANALYSIS: Demurrer Defend...

Excerpt: ...covenant of good faith and fair dealing; (3) declaratory relief. In a previous lawsuit, plaintiff sued, and was sued by, a former business acquaintance, Carmen Harra. (See Motion, p. 11:22-15:22.) Plaintiff was hired to re-write the script for a movie, but claimed that he was not paid for his work. (Id. at p. 7:4-6.) In December 2012, plaintiff filed a complaint in federal court against Harra relating to that business dispute; less than two weeks...

Excerpt: ...ff commenced this action on 1/26/17 against defendants for: (1) breach of duties under Corporations Code sections 17701.10 and 17702.09; (2) violation of Trade Secrets Act; and (3) unfair competition. Plaintiff and defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants divulged confidential information of Tatsu to competitors as part of a secret consulting business. Isobe filed a cross-complaint on 4/26/17. Isobe filed a fir...

Excerpt: ...16 against defendants for: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement. On October 3, 2017, the parties settled the dispute. Defendant agreed to pay plaintiff $77,025.88, which included a “buy-back” of the defective vehicle, incidental and consequential damages. PRELIMINARY COMMENTS Defendants' Opposition was untimely filed on 02/22/18. “All papers opposing a motion so noticed shall be filed...

Excerpt: ...h of the prayer for relief, from the Third Amended Cross-Complaint. PRELIMINARY COMMENT: This demurrer is unopposed;the Court finds such silence to be troubling. If Isobe believed that the demurrer should be overruled, he should have filed an opposition. If Isobe agreed that the cross- complaint needed to be amended, he should have agreed when meeting-and-conferring with Khoe to amend the cross- complaint. Had he done so, the court and its staff ...