Excerpt: ...Instruments is OVERRULED. Plaintiff is dismissing this cause of action, therefore the demurrer to this cause of action is MOOT. Defendant Toorak Capital Partners, LLC demurrer to the Fourth Cause of Action for Quiet Title to Real Property is OVERRULED. Defendant Toorak Capital Partners, LLC demurrer to the Fifth Cause of Action for Conversion is SUSTAINED with leave to amend. Defendant Toorak Capital Partners, LLC demurrer to the Sixth Cause of A...

Excerpt: ...n for Appointment of Counsel. Alternative Motion for Release for Good Cause Moving Party: Plaintiff Marcus R. Ellington, Sr. Resp. Party: None Defendant Sheriff Alex Villanueva's Demurrer to the Fourth Cause of Action in Plaintiff's Third Amended Complaint is SUSTAINED without leave to amend. Plaintiff Marcus R. Ellington, Sr.'s Motion for Reconsideration of February 16, 2022 Adopted Tentative Ruling of the Court. (Government Code 911.4-6, et seq...

Excerpt: ...Defendants H.K. Investments LLC and Basem Kader's Demurrer to the First through Ninth Causes of Action of Plaintiffs' Dubwana Clark, Dubwana Clark II, Nascha Clark, Jardore Clark, and Nakai Clark's Second Amended Complaint is OVERRULED. I. BACKGROUND On June 16, 2021, Plaintiffs Janet Denise Hernandez-Clark and Graciela Jimenez filed a complaint against Defendants H&K Investments, LLC; Basem Khader; Southern California Investments & Developments,...

Excerpt: ...y Mall, LLC Resp. Party: Defendant and Cross-Complainant Hugo Boss Retail, Inc. SUBJECT: Motion to Compel Further Responses to First Set of Requests for Admission from Defendant Moving Party: Plaintiff and Cross-Defendant Century City Mall, LLC Resp. Party: Defendant and Cross-Complainant Hugo Boss Retail, Inc. SUBJECT: Motion to Compel Further Responses to First Set of Form Interrogatories from Defendant Moving Party: Plaintiff and Cross-Defenda...

Excerpt: ...s, and Incentive Payment is GRANTED, contingent on the filing and approval of the two exhibits referenced in the Supplemental Declaration of Dennis F. Moss. If the revised Notice to Aggrieved Employees is adequate, the Court will grant the motion to approve the settlement. I. BACKGROUND On May 5, 2021, Plaintiff Juan Mireles (“Mireles”) filed a complaint against Defendants Dimension Development Company, Inc., and G & B Hotel Employee Leasing,...

Excerpt: ...cific Performance 2. Breach of Contract 3. Breach of the Covenant of Good Faith and Fair Dealing On April 15, 2022, Plaintiffs filed the instant motion to compel arbitration in the present case. No opposition has been filed. II. ANALYSIS A. Request for Judicial Notice Plaintiffs Josue Valdez and Felipe Valdez request that the Court take judicial notice of the following pursuant to Evidence Code §§ 451, 452(d): 1. Plaintiff's Case Management Sta...

Excerpt: ...Arbitration is DENIED. I. BACKGROUND On January 20, 2022, Plaintiff Christopher King filed a complaint against Defendants Baker Petrolite LLC, Baker Hughes Oilfield Operations LLC, Baker Hughes Energy Services, LLC, Baker Hughes Holdings LLC, and Ling Yeung to allege the following causes of action: 1. Retaliation in Violation of LC § 1102.5; 2. Violation of LC § 6310; 3. Violation of LC § 6311; 4. Defamation; 5. Wrongful Termination in Violati...

Excerpt: ...nd Hagop Supikian, and for Monetary Sanctions Against Defendants Vreg Sarkissian and Hagop Supikian and their Counsel of Record Harry Safarian/ Safarian Law Firm in the Amount of $8,653.75 Moving Party: Plaintiff NRN Holding Co., LLC Resp. Party: None SUBJECT: Motion to Compel Defendants' Compliance with their Statement of Compliance in Response to Plaintiff's Request for Production of Documents, Set One and Request for Monetary Sanctions Against...

Excerpt: ...ction of their First Amended Complaint is OVERRULED. I. BACKGROUND On September 15, 2021, Plaintiffs Cynthia Harris and Michael Holmes filed a complaint against Defendants Charles Edward Spann, Jr., Wide Awake Developers Home Service Network and Farmers Insurance to allege the following causes of action: 1. Breach of Implied Duty to Perform with Reasonable Care 2. Negligence 3. Nuisance 4. Trespass 5. Breach of Contract 6. Breach of the Implied O...

Excerpt: ... Ho Park, Stephen White dba Law Office of Stephen White and Does 1-10 to allege the following causes of action: 1. Breach of Contract 2. Fraud – False Promise 3. Breach of Fiduciary Duty 4. Violation of Consumer Legal Remedies Act 5. Violation of Unfair Competition Law 6. Declaratory Relief 7. Breach of Fiduciary Duty 8. Breach of FRDCPA On March 14, 2022, Defendant and Cross-Complainant Excel Adjusters, Inc. filed a cross- complaint against Pl...

Excerpt: ...mpel Arbitration and Stay Action is DENIED. I. PRELIMINARY COMMENTS Defendants argue that, were the Court to grant their motion to compel arbitration, they are entitled to contractual attorney's fees. (See Motion, p. 10:26 – p. 11:7.) Is it Defendants' position that, should the Court deny their motion, then plaintiff is entitled to attorney's fees pursuant to the reciprocal provisions of CCP § 1717? II. BACKGROUND On January 8, 2021, Plaintiff...

Excerpt: ...Feng and Zhen Zhong Cao, suing individually and derivatively on behalf of LV Cheyenne LLC's Motion to Compel Responses to Written Discovery Requests Set One, Against Defendant Blake Sing Hon and Nominal Defendant LV Cheyenne LLC is GRANTED. Plaintiffs Chen Feng and Zhen Zhong Cao, suing individually and derivatively on behalf of LV Cheyenne LLC's Request for Sanctions is GRANTED in the amount of $1,985.00. I. BACKGROUND On October 15, 2021, Plain...

Excerpt: ...tion to strike is DENIED. I. BACKGROUND On June 19, 2019, Plaintiff 89 Acapulco, LLC, derivatively on behalf of Auxin Ventures, LLC, filed a complaint against Defendants David Elias, The Hacienda Company, LLC, and Does 1 through 20, inclusive and Nominal Defendant Auxin Ventures, LLC to allege the following causes of action: 1. Breach of Fiduciary Duty; 2. Declaratory Relief On August 21, 2019, Plaintiff 89 Acapulco, LLC, individually and derivat...

Excerpt: ..., Plaintiff Sherrie M. Adams filed a complaint against Defendant Francisco Tagle and Does 1 through 25, inclusive, to allege the following: 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Intentional Misrepresentation; and 4. Negligent Misrepresentation On May 18, 2020, Adams filed a First Amended Complaint against Defendant Francisco Tagle and Does 1 through 25, inclusive, to allege the following: 1. Breach of Contr...

Excerpt: ...dant's Motion to Compel Further Responses to First Set of Requests for Production of Documents is GRANTED. I. BACKGROUND On April 26, 2021, Plaintiff Century City Mall, LLC filed a complaint against Defendant Hugo Boss Retail, Inc. to allege breach of lease. On April 27, 2021, Mall, filed a First Amended Complaint against Hugo Boss to allege breach of lease. On May 27, 2021, Hugo Boss filed a cross-complaint against Mall to allege the following: ...

Excerpt: ...aliation (Labor Code § 1102.5) is DENIED. Defendant Icon Realty Services, Inc.'s Motion for Summary Adjudication of the Second Cause of Action for Wrongful Discharge in Violation of Public Policy is DENIED. I. BACKGROUND On June 26, 2020, Plaintiff Stacey Dominguez filed a complaint against Defendants Icon Realty Services, Inc., Kamryn Ehrlich, Alan Young, alleging the following causes of action: 1. FEHA Discrimination (Government Code § 12940(...

Excerpt: ...z's Notice of Motion and Motion for Approval of Settlement of Claims Brought Under the Private Attorneys General Act and Reasonable Attorneys' Fees, Costs, and Enhancement Payment is DENIED without prejudice. The Court continues the hearing for approval of the PAGA settlement until April ___, 2022. I. BACKGROUND On January 22, 2021, Plaintiff Graciela De Cabanas Gonzalez, individually and on behalf of the State of California and other Aggrieved E...

Excerpt: ...ous alleged “objections” to evidence in Seck's Separate Statement. Many of these “objections” are to evidence that The Cochran Firm agrees is undisputed. (See, e.g., The Cochran Firm's Separate Statement, re Seck's UMF Nos. 5-7 and 17.) The Court notes that The Cochran Firm has not filed any formal evidentiary objections and their “objections” are not Code-compliant. (See CRC 3.1354(c).) The Court therefore ignores these alleged objec...

Excerpt: ... 1182.12, 1194, 1197 & 1198 et seq.) 2. Failure to Compensate for All Hours Worked (California Labor Code § 1198 et seq.) 3. Failure to Pay Overtime Compensation (California Labor Code §§ 1198 & 510 et seq.) 4. Failure to Pay Rest Period Compensation (California Labor Code §§ 226.7 & 1198 et seq.) 5. Failure to Pay Meal Period Compensation (California Labor Code §§ 226.7, 512(a) & 1198 et seq.) 6. Failure to Furnish Accurate Wage and Hour ...

Excerpt: ...4, 2015, the City and County of San Francisco and the People 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 ...

Excerpt: ...8 (hereinafter “Defendants”) Resp. Party: Plaintiff Mei Ling Harper SUBJECT: Motion for Leave to File Second Amended Complaint Moving Party: Plaintiff Mei Ling Harper Resp. Party: None Defendants Eloise C. Williams and Gaylord Williams, Trustees of The Williams Trust dated August 2, 1988's Motion to Strike Plaintiff's Second Amended Complaint is GRANTED. Defendants Eloise C. Williams and Gaylord Williams, Trustees of The Williams Trust dated ...

Excerpt: ... 2021, Plaintiff Evelyn Mohammed filed a verified complaint against Defendants Leslie Walker Van Antwerp, III and Does 1 through 25, inclusive, to allege the following causes of action: 1. Breach of Fiduciary Duty; 2. Breach of Trust; 3. Negligence; 4. Breach of Contract; 5. Breach of the Implied Covenant of Good Faith and Fair Dealing; 6. Accounting; and 7. Quiet Title On February 3, 2022, Plaintiff Jose Arturo Corella filed a verified First Ame...

Excerpt: ... Christine Rush, and Does 1 through 20, inclusive, to allege the following causes of action: 1. Failure to Pay Proper Wages 2. Wrongful Termination 3. Failure to Provide Rest Periods 4. Retaliation for Exercise of Rights to File Complaint 5. Fraudulent Business Practices 6. Failure to Pay Overtime 7. Unfair Business Practices 8. Discrimination Based on Gender 9. Discrimination Based on Sexual Orientation 10. Discrimination Based on Race Defendant...

Excerpt: ... filed a complaint against Defendants Golden State FC, LLC, Kuldip Sandhu and Adam Kozinn to allege the following causes of action: 1. Gender, Sex, Disability, and Medical Condition Harassment and Hostile Work Environment, Cal.Gov. Code § 12940(j); 2. Gender Sex, Disability, and Medical Condition Discrimination, Cal. Gov. Code § 12940(a); 3. Failure to Prevent Discrimination and Harassment, in Violation of FEHA, Cal. Gov. Code § 12940(k); 4. F...

Excerpt: ..., Plaintiff Kimberly Chandler filed a complaint against Defendants Boulevard Management, Inc., Bob Ayach and Lester Knispel alleging 11 causes of action: 1. Breach of Fiduciary Duty of Loyalty; 2. Breach of Fiduciary Duty to Use Reasonable Care; 3. Breach of Trustee's Fiduciary Duty of Loyalty; 4. Breach of Trustee's Fiduciary Duty to Use Reasonable Care; 5. Constructive Fraud; 6. Fraud by Concealment; 7. Breach of Contract; 8. Breach of Implied ...

Excerpt: ...uments and Provide Further Discovery Responses is DENIED as to RPD Nos. 9, 10, 11, 24, and 31. The motion is GRANTED as to RPD Nos. 14, 18 and 23 as modified during the parties' meet-and-confer and as indicated in Plaintiff's Separate Statement. Defendant and Cross-Complainant Hugo Boss Retail, Inc.'s Motion for Monetary Sanctions is DENIED. I. BACKGROUND On April 26, 2021, Plaintiff Century City Mall, LLC filed a complaint against Defendant Hugo...

Excerpt: ..., and Incentive Payment is DENIED without prejudice. The Court continues the hearing for approval of the PAGA settlement until June ___, 2022. I. BACKGROUND On May 5, 2021, Plaintiff Juan Mireles (“Mireles”) filed a complaint against Defendants Dimension Development Company, Inc., and G & B Hotel Employee Leasing, LLC, and Doe Defendants 1- 50 as a representative action to secure civil penalties under the Private Attorneys General Act given a...

Excerpt: ...ehan, Brian Morgan Heit, Matthew Jacob Feaver, and Heit Law Group (“Defendants”) Plaintiffs Noah Meiner, Lennifer Hilliard, and Sandra Wilson Demurrer to Defendants' Answer is OVERRULED. Plaintiffs Noah Meiner, Lennifer Hilliard, and Sandra Wilson Motion to Strike Defendants' Answer is DENIED. I. BACKGROUND On December 21, 2021, Plaintiffs Noah Meiner, Lennifer Hilliard, and Sandra Wilson filed a complaint against Defendants Robin Amelia Shee...

Excerpt: ...ceived Disability Retaliation in Employment [CA Government Code §§ 12940 et seq.] 4. Failure to Engage in the Mandatory Good-Faith Interactive Process [CA Government Code §§ 12940 et seq.] 5. Failure to Provide Reasonable Accommodations [CA Government Code §§ 12940 et seq.] 6. Failure to Provide Meal and Rest Periods [Labor Code §§ 226.7, 512, and Wage Order No. 4] 7. Failure to Pay Overtime Wages Labor Code § 510 and IWC Wage Order No. ...

Excerpt: ...s Production of Documents Specified in Plaintiff's Deposition Subpoena for Production of Business Records, Request Nos. 12-14 is DENIED. I. BACKGROUND On January 8, 2021, Plaintiff Angela Pagano filed a complaint against Defendants 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. Int...

Excerpt: ..., the Brief spends a paragraph citing a ruling of Los Angeles Superior Court Judge David Cunningham III. (Brief, p. 5:11-20.) It is improper to cite the rulings of another trial court judge; such rulings are irrelevant to this Court's determination. “A written trial court ruling in another case has no precedential value.” (Budrow v. Dave & Buster's of California (2009) 171 Cal.App.4th 875, 885; Bolanos v. Superior Court (2008) 169 Cal.App.4th...

Excerpt: ...mplaint of Robin Sheehan, Jacob Feaver, Brian Heit, and Heit Law Group is DENIED. 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, Heit Law Group, and Does 1-100 to allege the following causes of action: 1. Professional Negligence (Legal Malpractice) 2. Promissory Estoppel 3. Conversion (Civil Code §...

Excerpt: ...emurrer is unopposed, yet Cross-Defendants have not indicated that they are planning on filing an amended Cross-complaint. The Court finds such silence to be troubling. If Cross-Defendants believed that the demurrer should be overruled, they should have filed an opposition. If Cross- Defendants agreed that the complaint needed to be amended, they should have agreed when meeting- and-conferring with Plaintiffs to amend the complaint or file a firs...

Excerpt: ...anuary 18, 2022, Plaintiff Blvd 6200 Owner North, LLC (“Plaintiff”) filed an unlawful detainer Complaint against Defendant Aaron Seager (“Defendant”) using the Judicial Council of California UD-100 form. On March 3, 2022, Defendant filed a demurrer to the Complaint. On March 14, 2022, Plaintiff filed an opposition. II. ANALYSIS A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. (City of Fresn...

Excerpt: ...arantee On February 28, 2022, default was entered as requested by Plaintiff. On February 28, 2022, Plaintiff filed the instant request for default judgment. II. ANALYSIS Plaintiff's Request for Entry of Default Judgement is GRANTED in the amount of $42,440.65 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $33,550.93 $33,550.93 General Damages $0.00 Special Damages $0.00 Interest $6,717.89 $6,717....

Excerpt: ...len Development Company, Glen Centre GP LLC, Wendy Goldman, and Pamela Goldman's Motion for Judgment Notwithstanding the Verdict is DENIED. Defendants and Cross-Complainants The Glen Development Company, Glen Centre GP LLC, Wendy Goldman, and Pamela Goldman's Alternative Motion for a New Trial, or to Amend or Modify the Judgment is DENIED. I. BACKGROUND On April 17, 2019, Plaintiff Morgan Nassirbegli d/b/a Beverly Glen Kids; Sue Zuckerman d/b/a B...

Excerpt: ...”) Resp. Party: Defendant Salvatore Anthony DiMaria (“DiMaria”) SUBJECT: Motion to Compel Further Responses from Defendant Salvatore Anthony DiMaria to Request for Production of Documents—Set One Moving Party: Plaintiff Linkun Investment, Inc. (“Linkun”) Resp. Party: Defendant Salvatore Anthony DiMaria (“DiMaria”) SUBJECT: Motion to Compel Further Responses from Defendant Salvatore Anthony DiMaria to Request for Admissions—Set O...

Excerpt: ...z's Notice of Motion and Motion for Approval of Settlement of Claims Brought Under the Private Attorneys General Act and Reasonable Attorneys' Fees, Costs, and Enhancement Payment is DENIED without prejudice. The Court continues the hearing for approval of the PAGA settlement until ___, 2022. I. BACKGROUND On January 22, 2021, Plaintiff Graciela De Cabanas Gonzalez, individually and on behalf of the State of California and other Aggrieved Employe...

Excerpt: ...Sixth Cause of Action of their First Amended Complaint is SUSTAINED with leave to amend. I. BACKGROUND On September 15, 2021, Plaintiffs Cynthia Harris and Michael Holmes filed a complaint against Defendants Charles Edward Spann, Jr., Wide Awake Developers Home Service Network, Farmers Insurance, and Does 1 – 100, inclusive, to allege the following causes of action: 1. Breach of Implied Duty to Perform with Reasonable Care 2. Negligence 3. Nuis...

Excerpt: ...or Summary Adjudication as to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, and Seventeenth Causes of Action of Plaintiff's Complaint are all DENIED. I. PRELIMINARY COMMENT DEFENDANTS' TABLE OF CONTENTS THAT ACCOMPANIES THEIR MEMORANDUM OF POINTS AND AUTHORITIES (FILED ON OCTOBER 22, 2021) IS IN ALL CAPITAL LETTERS. THE TABLE OF CONTENTS IS FOUR PAGE...

Excerpt: ...owing causes of action: (1) Breach of Contract, (2) Breach of Covenant of Good Faith and Fair Dealing, (3) Intentional Misrepresentation, and (4) Negligent Misrepresentation. On May 18, 2020, Adams filed a First Amended Complaint against Tagle to allege the same causes of action. On December 15, 2020, the Court entered default judgment for Adams against Tagle “for the principal amount of $96,232.00, attorney fees of $2,814.64, and costs of $574...

Excerpt: ...o Confirm Arbitration Award is GRANTED. I. BACKGROUND On May 13, 2019, Plaintiff Cynthia Moroyoqui filed a complaint to allege the following causes of action against Defendants Solstice Senior Living, Holiday Al Management Sub LLC dba Holiday Retirement, Harvest Facility Holdings LP, and Harvest Management Sub LLC, and Does 1 to 100 inclusive: 1. Disability Discrimination in violation of Government Code § 12940(a): Disparate Treatment Based on D...

Excerpt: ...hristine Williams Motion for an Award of Sanctions Against Attorney Kere Tickner for Bad Faith Actions and Tactics that are Frivolous and Intended to Cause Unnecessary Delay is GRANTED in the amount of $21,084.28. I. BACKGROUND Plaintiffs allege that while they were tenants at Defendants' apartment complex, Defendants failed to provide Plaintiffs with hot water, Defendants demanded rent and issued a 3- Day Notice to pay rent or quit despite their...

Excerpt: ... for Monetary Sanctions in the Amount of $7,260.00 Against Respondent and His Counsel is DENIED. I. BACKGROUND On June 24 2019, Petitioner John P. Middleton (“Middleton”) filed Middleton v. Jenike et al., a Massachusetts Superior Court (Suffolk County) civil action, Case No. 1984-cv-02011 (the “Underlying Lawsuit”) against Drs. Jenike and Groves, over billing and treatment concerns. On April 30, 2021, the Court issued a Minute Order in a ...

Excerpt: ...y Sanctions in the Amount of $7,260.00 Against Respondent and His Counsel is DENIED. I. BACKGROUND On June 24 2019, Petitioner John P. Middleton (“Middleton”) filed Middleton v. Jenike et al., a Massachusetts Superior Court (Suffolk County) civil action, Case No. 1984-cv-02011 (the “Underlying Lawsuit”) against Drs. Jenike and Groves, over billing and treatment concerns. On April 30, 2021, the Court issued a Minute Order in a related case...

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

Excerpt: ...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, et seq.); 4. Failure to Accommodate (Cal. Gov't C. §§12900 et seq.); 5. Failure to Engage in the Interactive Proce...

Excerpt: ...omplaint against Rowena Alcantara, R & Rare Partners, Inc., Jomel T. Limbo, and Does 1 thru 50 inclusive to allege the following causes of action: 1. Breach of Contract against Alcantara, R and Rare Partners, Inc., and Does 1-50 2. Breach of Contract against Limbo and Does 1-50 3. Fraud against Alcantara and Does 1-50 4. Fraud against Limbo and Does 1-50 5. Conversion against all Defendants 6. Unjust Enrichment against all Defendants On March 28,...

Excerpt: ... Defendants Daniel Kim, Jason Seo, and Josue Acevedo SUBJECT: Motion to Compel Jose Acevedo to Respond to First Set of Requests for Production of Documents and Produce Documents and Request for Sanctions Moving Party Plaintiff Fivalco, Inc. d/b/a Aleum, USA Resp. Party: Defendants Daniel Kim, Jason Seo, and Josue Acevedo SUBJECT: Motion to Compel Daniel Kim to Respond to Form Interrogatories, Set One and Request for Sanctions Moving Party Plainti...

Excerpt: ...Against Plaintiff and Counsel of Record Moving Party: Defendant Artist Publishing Group Resp. Party: Plaintiff Angela Pagano SUBJECT: Defendant Artist Publishing Group's Motion to Compel Further Responses to Special Interrogatories and Request for Monetary Sanctions Against Plaintiff and Counsel of Record Moving Party: Defendant Artist Publishing Group Resp. Party: Plaintiff Angela Pagano SUBJECT: Defendants' Motion to Compel Further Responses to...

Excerpt: ...nomic Advantage and Fourth Cause of Action for Negligent Interference with Prospective Economic Advantage is SUSTAINED without leave to amend. Defendant CAPREF Burbank, LLC's Motion to Strike Portions of the Third Amended Complaint is GRANTED as to all requests, except as to paragraph 34. I. BACKGROUND This action arises out of an alleged breach of a lease agreement for a restaurant space in the defendant's shopping center. (SAC, ¶¶ 10, 12-18.)...

Excerpt: ... Atiga and Rolando L. Atiga filed a verified complaint against Defendants Stephen F. Wales, Bruce Mercado, and Does 1 through 10, inclusive, to allege the following causes of action: 1. Violation of Civil Code §§ 2924 and 2924b; 2. Violation of Civil Code § 882.020; 3. Violation of Civil Code § 2934a; 4. Breach of Contract; 5. Breach of Covenant of Good Faith and Fair Dealing; 6. Fraudulent Misrepresentation; 7. Negligent Misrepresentation; 8...

Excerpt: ...tember 24, 2018, Plaintiff Hollywood Garden, LLC filed a complaint against Defendants Ji Li, Yong Bai, and Does 1-4 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, and (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....

Excerpt: ...dlord and property manager, Defendants Chloe's Apartments, LLC and Apartment Management Group, LLC. (Carpenter Decl., ¶ 3.) On October 5, 2020, Plaintiff Mei Ling Harper filed a complaint against Defendants Chloe's Apartments, LLC and Apartment Management Group, LLC, Adrian Malin, Dan Zuckerman, and Does 1 to 25 to allege thirteen causes of action, including breach of contract and breach of the warranty of habitability. On August 9, 2021, Plaint...

Excerpt: ...efendants' Answer Pursuant to California Code of Civil Procedure §§ 435-437 and to Reinstate Judgment Against the Defendants is DENIED. I. BACKGROUND On October 7, 2020, Plaintiff Matevosian Enterprises, Inc. dba Nationwide Distributor filed a complaint against Defendants MassGenie, Inc., Bruce Watanabe, Sam Kim, and Dan DeVries to allege the following causes of action: 1. Breach of Contract against MassGenie and Does 1-20 2. Breach of the Cove...

Excerpt: ...o is GRANTED. Defendant JPMorgan Chase Bank, N.A.'s Request for Monetary Sanctions Against Plaintiff is GRANTED in the amount of $727.50. I. BACKGROUND This action arises out of allegations that Plaintiff was fraudulently induced by Defendants to sign loan documents without disclosing that there was a pre-payment penalty. (See FAC, ¶¶ 7-19.) On November 23, 2020, Plaintiff 11240 Playa Court, LLC (“Playa Court”) filed a complaint to allege t...

Excerpt: ...'s Fees Attorney's Fees” [grammatical mistakes and errors in original] is virtually unintelligible and irrelevant to the issues presented by Plaintiff's motion. Section B of the opposition is basically an argument for a new trial; but JE Group has not filed a motion for a new trial. Section II of the Opposition concerns notification of other parties of an ex parte; no ex parte was filed. The Conclusion of the opposition states in full: “For e...

Excerpt: ...laint against Defendant Wilder Condiments, LLC to allege the following causes of action: (1) breach of contract, and (2) Common counts. On December 1, 2021, Cross-Complainant Wilder Condiments filed a cross-complaint against Cross-Defendant Ebrahim to allege the following: (1) intentional misrepresentation, (2) negligent misrepresentation, and (3) negligence. On January 5, 2022, Ebrahim filed the instant motion to strike Wilder Condiments' “all...

Excerpt: ...ruling on the first Motion for Judgment on the Pleadings; Plaintiff did not have leave of the Court to refile this cause of action. I. BACKGROUND This action arises out of allegations that the plaintiff, who was hired by the defendants as a fulltime 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, P...

Excerpt: ...on”) and Does 1 through 100 to allege Violation of California Labor Code §§ 2698 et seq. On August 26, 2019, Taylor filed a First Amended Complaint against Amazon and Does 1 through 100 to allege Violation of California Labor Code §§ 2698 et seq. On November 18, 2019, Taylor filed a Second Amended Complaint against Amazon and Does 1 through 100 to allege Violation of California Labor Code §§ 2698 et seq. On August 30, 2021, Taylor and Def...

Excerpt: ...at was issued on January 31, 2022. At Plaintiff's request, the Court continued the hearing on this motion, and hence the tentative was never adopted. A tentative ruling merely “indicate[s] the way the judge is prepared to decide the matter based on the information before him or her when the ruling was prepared.” (Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1245, quoting Weil & Brown, California Practice Guide: ...

Excerpt: ...INARY COMMENTS The Court has twice previously chided Plaintiff Law Firm for filing and maintaining this action in a general jurisdiction court: “This case was filed by an attorney in pro per. We all know what is happening: this is a small case concerning a $5,000 retainer. If plaintiff weren't an attorney, this case would have been filed in small claims court. Instead, because plaintiff is an attorney, he has added fraud, recission and UCL caus...

Excerpt: ... the failure to repay a promissory note in full. On July 30, 2020, Plaintiff LA Legends LLC commenced this action against Defendants Los Angeles Immanuel Mission Church, Paul Ho Rye, Jongkil Ryu, Jae Gyoo Jang, and Robin Windom for (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 (intenti...

Excerpt: ...ANTED pursuant to CCP § 473(b). Petitioner Jason Flores' Petition to Approve Minor's Compromise is GRANTED as modified below Petitioner Tessa Bettcher's Petition to Approve Minor's Compromise is GRANTED as modified below. I. BACKGROUND This case concerns a residential apartment plagued by alleged habitability violations, including “deteriorated flooring, walls, ceilings and cabinets, inadequate fire protection, faulty electrical wires and outl...

Excerpt: ...tants dba Global Funding Solutions Motion to Enforce Compliance with Plaintiff's Deposition Subpoena for Production of Business Records to Custodian of Records for Wells Fargo Bank, N.A. and Request that Wells Fargo Pay Plaintiff Sanctions in Making Motion is GRANTED in part. Wells Fargo is directed to submit documents referenced in the subpoena as to all Defendants (except documents as to Defendant Robert Derby) pursuant to the Protective Order ...

Excerpt: ...ho Mirage, CA restaurant. (Lambert-Gaffney Decl., ¶ 3.) Plaintiff initialed and signed Cheesecake's Handbook Receipt & Confidentiality Agreement which allegedly contained an employer-mandated arbitration provision. (Id.) On July 4, 2019, Aguilar-Chavez suffered a work-related injury when he fell hurting his back, legs, and knees. Plaintiff reported his injuries and was placed on light duty. (Complaint, ¶ 11.) On December 19, 2019, Aguilar-Chave...

Excerpt: ...nded Complaint is SUSTAINED without leave to amend. Defendants' Sheriff Alex Villanueva, Dr. J. Wallace, and N. Ruiz demurrer to Plaintiff Marcus R. Ellington, Sr.'s Sixth Cause of Action for General Negligence is SUSTAINED without leave to amend as to Defendants Dr. J. Wallace and N. Ruiz, and SUSTAINED with leave to amend as to Defendant Sheriff Alex Villanueva. Defendants' Sheriff Alex Villanueva, Dr. J. Wallace, and N. Ruiz demurrer to Plaint...

Excerpt: ...f $7,041.53. I. PRELIMINARY COMMENT Lavco's Opposition does not meet the standards of civility expected of counsel. The Opposition begins “Biztracker's motion is chock-filled with silliness. Some of the arguments are so trivial that it is hard to tell if they are meant to be taken seriously.” (Opposition, p. 1:22-23.) It does not behoove Lavco's counsel to repeatedly refer to opposing counsel's arguments as “silly” or “nonsense[ical]”...

Excerpt: ...deration of the annual premium of $6,234.99 by Plaintiffs, [Defendant] made, executed and delivered to Plaintiffs its Home Insurance Renewal Policy number 97192-27-88 (“the policy”).” (Motion, p. 4:11-13, Pls. UMF No. 2.) On February 22, 2020, a burglary occurred at 19335 Olivos Drive, Tarzana, California, the home of Plaintiffs Arthur and Helen Grebow since 1986. (Motion, p. 4:9-11, 18-19.) Stolen antique personal property cumulatiavely va...

Excerpt: ...ns are safe and effective in protecting the health and safety of the public. Vaccinations save lives; vaccinations slow the spread of the disease; vaccinated people have fewer and less serious infections. These facts are not reasonably subject to dispute within the medical community. For more than a century, plaintiffs have filed lawsuits to halt vaccination mandates. For more than a century, our Courts have consistently held that government has ...

Excerpt: ...tors who sell similar electronic hardware to business, including Point-of-Sale” products (cash registers or other devices where customers may pay for goods or services) through the global online marketplace Amazon. Each product sold on Amazon enjoys a unique 10-character alphanumeric identifier assigned by Amazon for product identification called an Amazon Standard Identification Number (“ASIN”). “If an ASIN for a particular product (say,...

Excerpt: ...he First Amended Complaint Pursuant to California Code of Civil Procedure § 425.16 is GRANTED. 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 libel (product disparagement...

Excerpt: ...f Defendant Manho Joung's (“Defendant”) alleged misuse of Plaintiff's purchases of AWP Energy stock. Plaintiff filed his Motion to Compel Supplemental Responses to Andrew K. Chung's Requests for Production of Documents, Set One on September 8, 2021. Plaintiff served Defendant his Requests for Production of Documents, Set One on June 6, 2021. (Pl.'s Mot. to Compel Supp. Responses to Andrew K. Chung's Requests for Production of Documents, Set O...

Excerpt: ... against Defendants Golden State FC, LLC, Kuldip Sandhu, an individual, Adam Kozinn, an individual, and Does 1 through 20 for allegations of gender and sex discrimination and harassment on the basis of pregnancy, as well as interference and retaliation for requesting maternity leave and medical leave under the California Family Rights Act. Plaintiff alleges that she began her employment with Defendants as a Senior Human Resources Assistant. (Comp...

Excerpt: ...allege causes of action for financial elder abuse and unjust enrichment against Garakian. On December 15, 2020, Plaintiffs filed a First Amended Verified Complaint to allege causes of action for financial elder abuse and unjust enrichment against Garakian. On December 21, 2021, Garakian filed the instant motion for summary adjudication against Plaintiffs' First Cause of Action for Financial Elder Abuse “because Plaintiffs are unable to meet the...

Excerpt: ...tstanding balance due. (Complaint, ¶¶ 6, 7.) The account is not accruing interest. (Complaint, ¶¶ 7, 8.) On October 22, 2021, default was entered and Plaintiff filed the instant motion for entry of default judgment. II. ANALYSIS Plaintiff's request for Entry of Default Judgement is GRANTED in the amount of $26,465.39 as indicated below: Default Judgment Category Amount Requested Amount Granted Demand of Complaint $25,960.89 $25,960.89 General...

Excerpt: ...mzaletova, Reymond Gamzaletova, Farideh Kohan, Mustafa Asghari, West Valley MRI, Inc., and SoCal Imaging's Motion to Quash Deposition Subpoenas Served on AG Accounting and Tax Services, LLP is GRANTED as to Request Nos. 9, 10, 11, 14, 15, 27, 28 and 47(d) and (e), and DENIED as to Request Nos. 1-8, 12, 13, 16-26, 29-47(c), and 48. Request Nos. 1, 2, 4 and 32 are modified as indicated below, and the documents produced may be redacted as indicated ...

Excerpt: ...n to Confirm Arbitration Award is GRANTED. I. BACKGROUND On May 13, 2019, Plaintiff Cynthia Moroyoqui filed a complaint to allege the following causes of action against Defendants Solstice Senior Living, Holiday Al Management Sub LLC dba Holiday Retirement, Harvest Facility Holdings LP, and Harvest Management Sub LLC, and Does 1 to 100 inclusive: 1. Disability Discrimination in violation of Government Code § 12940(a): Disparate Treatment Based o...

Excerpt: ...nd Amended Complaint is DENIED. I. BACKGROUND This is a case focused on overstaying one's welcome. Woodland Hills accuses Defendants of allowing their lease to lapse and holding over their possession of Plaintiff property in such manner that it interfered with new leasing prospects, causing damages. On April 30, 2021, Woodland Hills filed its initial Complaint for (1) intentional interference with contractual relations, (2) intentional interferen...

Excerpt: ...tion of Documents (Set One) and to Pay Monetary Sanctions Moving Party: Plaintiff California State Labor Commissioner (“Labor Commissioner”) Resp. Party: None SUBJECT: Motion to Compel Defendant Nixon Rivera to Produce Further Responses and Responsive Documents to Request for Production of Documents (Set One) and to Pay Monetary Sanctions Moving Party: Plaintiff California State Labor Commissioner (“Labor Commissioner”) Resp. Party: None ...

Excerpt: ...e, Redondo Beach, CA 90278 (the “Subject Property”) as a tenant pursuant to lease agreement (Complaint, ¶¶ 7-9, Ex. A.) Young alleges that during this tenancy “Defendants, and each of them, failed to maintain the Subject Property in a habitable, safe and clean condition” and allowed the following conditions to exist: “visible mold, leaking roof, leaking walls, and defective plumbing.” (Complaint, ¶ 11.) On September 27, 2021, Plain...

Excerpt: ...Y COMMENTS Had this petition to compel arbitration been opposed, the Court might well have found that the the arbitration agreement was so vague as to be unenforceable, or alternatively, that the agreement was unconscionable. The agreement states that “[t]he arbitration hearing will be held before a nationally recognized provider of arbitration services at a location of your choice within your home state. The rules of the arbitration provider w...

Excerpt: ...rth, by and through their agent Khader, entered into a written agreement, (the “Lease”), where Plaintiffs leased the property at 17115 Chatsworth Street, #206, Granada Hills, California 91344 (the “Property”) from Chatsworth for $1,700.00 per month. (FAC, ¶¶ 10-11.) Plaintiffs paid Chatsworth $1,700.00 and a security deposition of $2,300.00 and took possession of the property on December 15, 2012. (FAC, ¶ 12.) Beginning in 2017, Plaint...

Excerpt: ...pair facilities, agents and/or dealers, including the Seller, on at least three occasions where the vehicle was out of service by reason of repair of nonconformities. (Complaint, ¶ 9.) On June 11, 2020, Polanco filed a complaint against Defendants for breach of the implied warranty of Merchantability un the Song-Beverly Warranty Act, breach of express warranty under the Song-Beverly Warranty Act, and Fraudulent inducement – Concealment. (Compl...

Excerpt: ...uest for Order Imposing Monetary Sanctions of $2,511.65 Against Defendant Assurance Learning Academy and/or its Counsel Manning & Kass Ellrod, Ramirez, Trester, LLP. Moving Party: Plaintiff William Rice Resp. Party: Defendant Assurance Learning Academy Plaintiff William Rice's Motion to Compel Response to Request for Production of Documents, Set One and Request for Order Imposing Monetary Sanctions of $2,511.65 Against Defendant Assurance Learnin...

Excerpt: ...hat Defendant breached the lease agreement terms and covenants by failing to repair a leak from the roof. (Id. at ¶¶ 8-10, 15-17.) On May 20, 2020, Plaintiff Hollywood and Ivar, LLC commenced this action against Defendant DWG International, LLC for (1) breach of contract; and (2) wrongful eviction – breach of the covenant of quiet enjoyment. On May 27, 2020, the Court found that the following cases, 20STCV19276 and 20STUD02358, are not relate...

Excerpt: ...Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, and Twelfth Causes of Action of Plaintiff Rosalina Wilson's Complaint is DENIED. Defendants Harvest Farms, Inc. and Good Source Solutions, Inc.'s Motion for Summary Adjudication as to the Fifth Cause of Action for Declaratory Judgment is GRANTED. Defendants Harvest Farms, Inc. and Good Source Solutions, Inc.'s Motion for Summary Adjudication as to the Prayer for Punitive Damages in Pl...

Excerpt: ...t. The Court awards sanctions against defendants in the amount of $5,272.50. I. BACKGROUND Plaintiff Abraham Duran, who was hired by Defendant Second Street Promenade, LLC on or October 1, 2016 as a line cook for the restaurant Metro Alehouse and Grill, brings this action to allege that Defendants committed numerous labor code violations against her and other aggrieved employees. (Complaint, ¶¶ 15-31.) On December 4, 2019, Plaintiff Abraham Dur...

Excerpt: ...d third causes of action for violations of the UCL and the CLRA are stayed pending the conclusion of the arbitration. The clauses in the arbitration agreement preventing discovery and requiring Plaintiff to pay half the costs of the arbitration are found to be unconscionable and are hereby stricken. Defendant is required to pay all of the arbitral costs above and beyond those that would normally be incurred by Plaintiff if he proceeded with this ...

Excerpt: ...d a complaint against Defendants Galpin Motors, Inc., Galpin Auto Sports LLC, Galpin Jaguar Lincoln-Mercury, Inc., and Galpin Volkswagen (“Defendants”) to allege a single cause of action under the Private Attorneys General Act of 2004, Labor Code §§ 2698, et seq. On November 22, 2021, Areen Babajanian, counsel for Defendants, engaged in meet-and-confer correspondence with Plaintiff's counsel to discuss multiple demurrer bases, including whe...

Excerpt: ...tion resolution. The Court schedules a post-arbitration status conference for February ___, 2023. The parties are to file a Joint Status Conference Report 5 court days prior to the status conference hearing. I. PRELIMINARY COMMENT This Petition to Compel Arbitration is unopposed. The Court finds Plaintiff's lack of opposition to be troubling. If Plaintiff believed that this matter should not be sent to arbitration, she should have opposed this mo...

Excerpt: ...d Moving Party: Plaintiff King Fang Resp. Party: None SUBJECT: Motion to Deem Request for Admission, Set One Admitted and Request for Monetary Sanctions in the Amount of $660.00 Against Defendant Qingxian Li and Her Counsel of Record Moving Party: Plaintiff King Fang Resp. Party: None Plaintiff King Fang's Motion to Compel Responses to Request for Production of Documents, Set One is GRANTED. The Court GRANTS Plaintiff King Fang's request for mone...

Excerpt: ...action for (1) failure to pay proper wages; (2) wrongful termination; (3) failure to provide rest periods; (4) retaliation for exercise of rights to file complaint; (5) fraudulent business practices; (6) failure to pay overtime; (7) unfair business practices; (8) discrimination based on gender; (9) discrimination based on sexual orientation; and (10) discrimination based on race. On August 27, 2021, Plaintiffs filed a proof of service stating tha...

Excerpt: ... filed a Complaint asserting causes of action for (1) breach of contract, (2) fraud, and (3) interference with prospective economic advantage against Defendants Best Energy Solutions and Corp., dba Best Corp (“Best”) and George Sturges (“Sturges”) (collectively, “Defendants”). The Complaint alleges in pertinent part as follows. On December 10, 2018, Plaintiff filed suit against Best in LASC Case No. 18STCV08474, asserting causes of ac...

Excerpt: ...utunian's demurer is OVERRULED in its entirety. Defendants' Vigen and Roselyn Haroutunian's Motion to Strike is DENIED as to Requests Nos. 1- 4 and 6-16. It is GRANTED as to Request No. 5. I. BACKGROUND On January 28, 2021, Plaintiffs Alicia Murillo, Alexia Gutierrez by and through her Guardian ad Litem Alicia Murillo, Priscilla Gutierrez by and through her Guardian ad Litem Alicia Murillo, and Daniel Rodriguez by and through her Guardian ad Lite...

Excerpt: ...t is OVERRULED. Defendant PIH Health Good Samaritan Hospital's demurrer to the Fourth Cause of Action for Breach of Fiduciary Duty of Plaintiff Ashley Blanton's Complaint is SUSTAINED with leave to amend. Defendant PIH Health Good Samaritan Hospital's demurrer to the Fifth Cause of Action for Lack of Informed Consent of Plaintiff Ashley Blanton's Complaint is SUSTAINED with leave to amend. Defendant PIH Health Good Samaritan Hospital's demurrer t...

Excerpt: ...eration of the annual premium of $6,234.99 by Plaintiffs, [Defendant] made, executed and delivered to Plaintiffs its Home Insurance Renewal Policy number 97192-27-88 (“the policy”).” (Motion, p. 4:11-13, Pls. UMF No. 2.) On February 22, 2020, a burglary occurred at 19335 Olivos Drive, Tarzana, California, the home of Plaintiffs Arthur and Helen Grebow since 1986. (Motion, p. 4:9-11, 18-19.) Stolen antique personal property cumulatiavely val...

Excerpt: ...entered between the parties on April 8, 2008, for the lease of business premises. (FAC, ¶ 4.) Plaintiff alleges that Defendant breached the lease agreement terms and covenants by failing to repair a leak from the roof. (Id. at ¶¶ 8-10, 15-17.) On May 20, 2020, Plaintiff Hollywood and Ivar, LLC commenced this action against Defendant DWG International, LLC for (1) breach of contract; and (2) wrongful eviction – breach of the covenant of quiet...

Excerpt: ...loyment as a housing manager with Defendant City of Baldwin Park was wrongfully terminated. (FAC, p. 1:5-6, ¶¶ 9, 11.) On May 8, 2020, Plaintiff Suzanne Ruelas commenced this action against Defendants City of Baldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Robert Tafoya, Manuel Lozano, Michael Taylor, and Benjamin Martinez for (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints); (2) wrongful ter...

Excerpt: ...California Labor Code. On July 7, 2021, Defendants filed their Answer. On November 22, 2021, the parties attended mediation with Steve Young following document and record disclosure and independent analysis. (Stipulation, ¶ 4.) The parties reached a resolution and inter alia and “agreed to a PAGA payment of $1,000 distributed as follows: $333.33 to Sirmabekian Law Firm for PAGA Counsel's fees, $75.00 for PAGA Counsel's costs, with 75% of the r...