Excerpt: ...ded 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 Plainti...

Excerpt: ...t enrichment; and (5) recovery on surety bond. On September 2, 2016, Defendants filed an answer to the complaint. On September 2, 2016, Defendant LSI filed a cross-complaint against Wealthquest, LLC and National Ready Mixed Concrete Co. for (1) breach of contract; (2) indebitatus assumpsit; (3) quantum meruit; (4) account stated; (5) open book account; (6) implied total indemnity; (7) equitable indemnity on a comparable fault basis; and (8) decla...

Excerpt: ...uses of Action because Plaintiff fails to state facts sufficient to constitute causes of action. The Court SUSTAINS Defendant Klassic/Castle Car Wash, Inc.'s demurrer to the Fifth Cause of Action without leave to amend because it is barred by the three-year statute of limitations of CCP § 338(d) and fails to plead specific facts to constitute a cause of action. I. PRELIMINARY COMMENTS This demurrer – which seeks to toss out the entire case –...

Excerpt: ...k vehicle identification number JTNA4MBE8M3125627 (hereafter Vehicle"), which was manufactured and or distributed by Defendant.” (Complaint, ¶ 8.) On June 9, 2021, Plaintiff Isaac Corona-Quiles filed a complaint, “alleging various lemon law claims against Defendant Toyota Motor Sales, U.S.A., Inc. under the Song-Beverly Act.” (Motion, MPA, p. 2:22-24.) On November 15, 2021, Plaintiff Corona-Quiles filed the instant motion to compel further...

Excerpt: .... 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 knowledge of the lack of habitable premises, and Defendants caused Plaintiffs to suffer emotional distress. (Complaint, ¶¶ 13-15, 19-21, 26.) On November 18, 2019, Plaintiffs Deborah Rose and Christine Williams co...

Excerpt: ...rder Compelling Cross-Defendant Kin Hui's Compliance with Ka Wai Kwan's Document Production Requests, Set One is DENIED as moot. Plaintiff LA Live Properties, LLC's request for sanctions is GRANTED in part in the amount of $2,660.00. Defendants Triple 8 Holding Company, LLC, Triple 8 Restaurant, LLC, Tasty Dining Group, LLC, and Kin Hui's request for sanctions is DENIED. I. BACKGROUND Plaintiff LA Live Properties, LLC's action arises from the all...

Excerpt: ...023.030(a) is GRANTED in part in the amount of $2,002.50. Plaintiff's Request for Terminating Sanctions or in the alternative, Evidentiary Sanctions pursuant to CCP § 2023.030(c) and (d) is DENIED. I. BACKGROUND This action arises out of an alleged breach of an operating agreement and alleged breach of fiduciary duty concerning a commercial property located at 6140 Hollywood Boulevard. Plaintiff's members were Li, Bai, and Kai Hou Liang. Plainti...

Excerpt: ...intiff has not presented sufficient evidence to continue with her case and Plaintiff's counsel has not acted professionally in presenting his client's evidence to the Court. As indicated below, the declaration signed by Plaintiff's counsel is inadmissible hearsay and none of the attached exhibits are unauthenticated. (See infra, section III(B)(a).) Further, the evidence presented with this Motion for Reconsideration could have been presented prev...

Excerpt: ...mmenced this action against Andrew Thaler for (1) intentional interference with contractual relations and (2) declaratory relief. Trellis Research Inc. alleges Andrew Thaler and Nicole Clark formed a partnership to create a legal research company called Trellis Research Inc. and then Andrew Thaler set out on a destructive rampage with the intent to bankrupt Trellis Research Inc. (Complaint, ¶¶1-4.) Trellis Research, Inc. commenced this action (...

Excerpt: ... Responses to Plaintiff's Special Interrogatories to Defendant Herbert Hudson, Set Two, Request Nos. 99, 104, 108, 113, 114, 135, 176, 180, and 198 is GRANTED. Plaintiff's Motion to Compel Further Discovery Responses to Plaintiff's Special Interrogatories to Defendant Herbert Hudson, Set Two, Request Nos. 101 and 110 is DENIED. Plaintiff's Motion to Compel Further Discovery Responses to Plaintiff's Request for Production of Documents to Defendant...

Excerpt: ...ated 7/1/2002; Joshuaview Corporation, converted from Joshuaview LLC; Giovanni D' Amore; all doing business as Joshua View Mobile Home Parks' motion for summary judgment as to all claims from the Unrepresented Plaintiffs is GRANTED. I. BACKGROUND On April 11, 2019, Plaintiffs Cruz Argueta, Alexis Argueta, Maria Fernanda-Zepeda, Leticia Jiminez, Jorge Sanchez, Cecilia Juarez, Angelina Hall, Maria-Angelica Cruz, Maria De Los Angeles, Sylvia Sanchez...

Excerpt: ...r Motion for Summary Judgment.) On August 10, 2020, the Court denied Judgment Creditor LA Live Properties, LLC's application for order for appearance and examination. On June 28, 2021, the Court granted Judgment Creditor LA Live Properties, LLC's application for order for appearance and examination. On July 13, 2021, the Court granted Judgment Creditor's motion to compel post-judgment special interrogatory responses from Judgment Debtor and reque...

Excerpt: ...s of action: negligence, violation of Vehicle Code Sections 20001 and 20003, Violation of Vehicle Code Section 23152, and negligent entrustment of motor vehicle. On November 17, 2021, following other discovery measures Defendants filed the instant motion for leave to conduct a mental examination of Plaintiff. The motion is unopposed. II. ANALYSIS A. Legal Standard Any party may be entitled to obtain discovery by means of a physical or mental exam...

Excerpt: ...rety. Plaintiff's Request for Sanctions is DENIED. I. BACKGROUND The present case arises from the purchase of a subject property that, following a title search, was found to have an active easement that regulated access to the property. Plaintiff argues that this easement rendered the property significantly less attractive. Defendants seek discovery from Plaintiff and non-parties with existing business relationships with Plaintiff. Plaintiff move...

Excerpt: ... 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 action for...

Excerpt: ...RANTED in the amount of $24,645.60. Defendant and Cross-Complainant American Contractors Indemnity Company's Motion for Sanctions is DENIED. I. BACKGROUND On October 18, 2012, ACIC filed its cross-complaint against Nationwide Glass & Glazing Contractors, Inc. and Richard Ramos for breach of contract, indemnity, declaratory relief, and specific performance. (Motion, MPA, p. 1:21-23.) On November 12, 2013, default judgment was entered in favor of A...

Excerpt: ...Second Cause of Action for Elder Abuse pursuant to CCP § 430.10(e) is OVERRULED. Defendant's demur to the Third Cause of Action to Quiet Title pursuant to CCP § 430.10(e) is OVERRULED. Defendant's demur to the Fourth Cause of Action to Constructive Trust is SUSTAINED. I. BACKGROUND Plaintiffs Eric and Paula Young have lived at 703 E. Redondo Beach Blvd., Compton, CA 90220 (the “Compton Property”) for nearly fifty years. (Opposition, p. 2:14...

Excerpt: ...Lillian Harwell to accompany its Motion to Compel Deposition of Plaintiff Masoumeh Mohajer and Request for Sanctions. The Harwell Declaration references an Exhibit A, which allegedly is a transcript of the deposition of Masoumeh Mohajer taken on September 15, 2021. (Harwell Declaration, ¶ 6.) However Exhibit A was not attached to the Harwell Declaration and hence is not in evidence before this Court. II. BACKGROUND This case stems from allegatio...

Excerpt: ...ake sales and purchases in bitcoin, index fund futures, and derivatives. (Complaint, ¶ 14.) Defendant's alleged multiple withdrawals from this account led Plaintiffs to close the account and file a Complaint on August 4, 2021. (Complaint, ¶ 15.) On October 27, 2021, Defendant filed the instant demurrer. Plaintiffs filed an opposition on November 10, 2021. Defendant replied on November 18, 2021. II. ANALYSIS Defendant demurs to the First, Second...

Excerpt: ...menced this action against Defendants Levon Isadzhanyan dba LSI General Engineering & Construction Co. (“LSI”) and Business Alliance Insurance Company (“BAIC”) for (1) breach of contract; (2) negligence; (3) breach of express warranty; (4) unjust enrichment; and (5) recovery on surety bond. On September 2, 2016, Defendants filed an answer to the complaint. On September 2, 2016, Defendant LSI filed a cross-complaint against Wealthquest, LL...

Excerpt: ...for Plaintiff and ordered defendant Li to pay $2,200,000.00 in compensatory and punitive damages. This Court issued various post-judgment orders and made various statements about Defendant Li's credibility in that csae. Although this Court is obviously aware of that related case, it cannot issue sanctions in this case based upon Defendant Li's actions in another, related case. II. BACKGROUND This action arises out of an alleged breach of an opera...

Excerpt: ...ise in the Cross-Complaint pursuant to CCP § 430.10(e). The Court GRANTS Cordell's motion to strike. I. PRELIMINARY COMMENT The Court notes that the Cross-Complaint to which this demurrer is directed was filed on behalf of Cross-Complainant August Fiorin, Inc., while the Opposition to the Demurrer and Motion to Strike was authored by Cross-Complainants August Fiorin, Inc., and Anthony Fiorin. In other words, although Anthony Fiorin has opposed t...

Excerpt: ...of $7,946.50 Moving Party: Plaintiff Jane Doe Resp. Party: Defendants Cintas Acuario, a California Corporation; Pedro Rivera; Does 1 through 20 Plaintiff's Motion to Compel Production of Documents and Supplemental Deposition Testimony of Marco Galvez is DENIED. Plaintiff's Motion to Compel Production of Documents and Supplemental Deposition Testimony of Pedro Rivera is DENIED. Plaintiff's Request for Sanctions from the Rivera Motion to Compel is ...

Excerpt: ...B), infra.) Defendants' Motion is replete with errors. There are typographical errors, spelling errors and grammatical errors. The documents lodged with the Court on November 1, 2021 have the wrong caption; the caption was obviously prepared for another case, as it lists the wrong Plaintiff and lists various defendants that are not part of this case. At one point, Defendants argue that “The court should grant defendant's motion for relief pursu...

Excerpt: ...the pages, the footnotes are longer than the primary double-spaced text itself. (See, e.g., Opposition, p. 8, where the text is found on lines 1-14, and the single-spaced footnotes on lines 16-28.) This is improper. (See, e.g., CRC Rule 3.1113(d).) Further, Plaintiff attaches a declaration and scores of pages of exhibits to her Opposition. This too is improper for a demurrer. II. BACKGROUND This action arises out of allegations that the Defendant...

Excerpt: ...Defendant Holloway Drive, LLC Resp. Party: None Defendant's Motion to Compel Answers to Form Interrogatories, Set Two is GRANTED. Defendant's Motion to Compel Answers to Special Interrogatories, Set One is GRANTED. Defendant's Motion to Deem Requests for Admissions, Set Two, Admitted is GRANTED. The Court GRANTS monetary sanctions to against Plaintiff and its counsel of record in the amount of $1,755.00. I. PRELIMINARY COMMENTS On January 15, 202...

Excerpt: ... 2020, alleging breach of contract and wrongful eviction. DWG International filed a Cross-Complaint on September 15, 2020, alleging breach of contract. On August 30, 2021, this Court sustained with leave to amend Cross-Complainant's Demurrer. The Court gave Cross-Defendants ten (10) days leave to amend their Answer. On November 3, Cross-Complainant filed the instant motion. On November 24, 2021, Cross- Defendants filed an untimely opposition. On ...

Excerpt: ...Two) is GRANTED. Claimant's Motion to Compel Further Discovery Responses (Special Interrogatories, Set Two) is GRANTED. The Court GRANTS $2,467.30 in monetary sanctions against Respondent. Respondent is hereby ordered to comply with supplemental responses within 10 days. If Respondent believes that certain documents are protected by the attorney-client or attorney work- product privilege, it is to supply Claimant with a privilege log to address a...

Excerpt: ...AC”) against Defendants David Elias, The Hacienda Company, LLC, and Brett Vapnek, alleging causes of action for (1) breach of fiduciary duty; (2) declaratory relief; (3) breach of contract; (4) declaratory relief; (5) accounting; (6) breach of fiduciary duty; and (7) breach of fiduciary duty. On February 6, 2020, the Court sustained David Elias and Hacienda's demurrer to the first and second causes of action, with 20 days leave to amend. On Feb...

Excerpt: ...st Defendant on June 15, 2020. On August 30, 2021, following a non-jury trial, the Court found in favor of Defendant Jack J. Benudiz and against Plaintiff Danny Siag, on all causes of action from the Complaint filed on June 15, 2020. On October 29, 2021, Plaintiff filed the instant motion for an order to strike and/ or reduce costs (tax costs) set forth in Defendant's Memorandum of Costs pursuant to California Rules of Court, Rule 3.1700. Defenda...

Excerpt: ... for waiting time penalties, against the real estate company with whom he had signed an “Independent Contractor Agreement.” The commissioner rejected his claim on the ground that the agent was an independent contractor rather than an employee entitled to unpaid wages. The agent sought an appeal de novo before the superior court, and the superior court denied his claim on the same grounds. The appeals court upheld the superior court. On Januar...

Excerpt: ... for waiting time penalties, against the real estate company with whom he had signed an “Independent Contractor Agreement.” The commissioner rejected his claim on the ground that the agent was an independent contractor rather than an employee entitled to unpaid wages. The agent sought an appeal de novo before the superior court, and the superior court denied his claim on the same grounds. The appeals court upheld the superior court. On Januar...

Excerpt: ...e arises from the purchase of a subject property that, following a title search, was found to have an active easement that regulated access to the property. Plaintiff argues that this easement rendered the property significantly less attractive. Defendants seek discovery from Plaintiff and non-parties with existing business relationships with Plaintiff. Plaintiff moves to quash these 3 rd-party discovery requests. II. PRELIMINARY COMMENTS Neither...

Excerpt: ...d in small claims court. Instead, because plaintiff is an attorney, he has added fraud, recission and UCL causes of action to inflate the value of the case.” (9/17/21 Minute Order.) This Court has made no judgment on the merits of this action. However, the Court is concerned that the parties have collectively incurred attorney's fees that already come close to half of the value of the main contract claim. It might behoove both parties to resolv...

Excerpt: ...d collectively with Shellpoint, “Defendants”) Resp. Party: Plaintiff Krupe Industries, Inc. SUBJECT: (2) Motion to Compel Plaintiff Capitol Realty, Inc.'s Responses to Form Interrogatories, Set One and Request for Sanctions of $616.50 Moving Party: Defendants NewRez LLC dba Shellpoint Mortgage Servicing's (“Shellpoint”) Resp. Party: None SUBJECT: (3) Motion to Compel Plaintiff Capitol Realty Inc.'s Responses to Request for Production of D...

Excerpt: ...793.2(b), violation of Civil Code § 1793.2(a)(3), breach of express warranty (Civil Code § 1791.2(a), § 1794), breach of the implied warranty of merchantability (Civil Code § 1791.1; § 1794), and violation of the Magnuson-Moss Warranty Act (15 U.S.C. § 2301(3)). On April 5, 2021, this Court granted Defendant's motion for a protective order and issued a tentative decision granting defendant's motion for a protective order in a companian Lemo...

Excerpt: ...Complainant's Motion to Compel Responses to Form Interrogatories – General, Set One is GRANTED against Cross-Defendant Freddy Braidi. Cross-Complainant's Motion to Compel Responses to Form Interrogatories – General, Set One is GRANTED against Cross-Defendant Hollywood and Ivar, LLC. Cross-Complainant's Request for Sanctions is GRANTED against Cross-Defendant Freddy Braidi and counsel Sholom Goodman in the amount of $2,850.00. Cross-Complainan...

Excerpt: ...ten (10) different times to the dealer; eight of these visits were for an engine defect.” (Motion, p. 5:4-6; Halbert Decl., ¶ 6.) On May 30, 2019, Plaintiff filed a Complaint against Defendant for violation of statutory obligations under Civil Code §§ 1791.1, 1791.2, 1793.2, 1794 and the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301(3). On April 5, 2021, this Court granted Defendant's motion for a protective order in a companion Lemon Law ca...

Excerpt: ...lesale (“JE Group”) and Hudson Insurance Company for (1) violation of the Consumers Legal Remedies Act, Civil Code § 1750 et seq.; (2) violation of the Unfair Competition Law, Bus. & Prof. Code § 17200 et seq.; (3) fraud and deceit; (4) negligent misrepresentation; and (5) violation of Vehicle Code § 11711 – as to Hudson Insurance Company only. On September 5, 2019, default was entered as to Defendant JE Group. On September 9, 2019, Defe...

Excerpt: ... leave to amend as to the Second, Third, Fourth, and Sixth Causes of Action because Plaintiff fails to state facts sufficient to constitute causes of action. The Court SUSTAINS Defendant's demurrer to the Fifth Cause of Action without leave to amend because it is barred by the one-year statute of limitations of CCP § 366.2(a) and fails to plead specific facts to constitute a cause of action. I. BACKGROUND This action arises out of a controversy ...

Excerpt: ...�IH4”) (collectively, the “Defendants”). The Complaint asserts the Defendants two causes of action for 1) Violation of Rent Stabilization Ordinance 151.09, and 2) Intentional Infliction of Emotional Distress. Plaintiff served the Defendants with copies of the Summons and Complaint on June 30, 2021. On August 13, 2021, Defendants filed the Special Motion to Strike Under C.C.P. § 425.16 (Anti- SLAPP Statute). On August 27, 2021, Plaintiff fi...

Excerpt: ...Hwa Mission Foundation; Hyun Chul Kang; Sang Bong Kang; Philip Ahn; Hyunhee Kang; Ok Sil Cha; and Elijah Seunghoon Kang Resp. Party: Plaintiffs Sung K. Lee by and through his successor in interest Mu Chin Deitke, and Mu Chin Deitke The Court SUSTAINS without leave to amend Defendant's demurrers to the first three causes of action pursuant to Code of Civil Procedure section 430.10, subdivision (b) and (e) because Plaintiffs lack standing to sue un...

Excerpt: ...rth, fifth and sixth causes of action; and (3) DENIED as to the prayer for punitive damages against FedEx. PRELIMINARY COMMENTS: I. On several of defendants' pleadings, counsel is listed as “sCharles W. Matheis, Jr.” The Court suggest that counsel correct this typo. II. Pursuant to this Court's Trial Orders “On motions for which there are numerous exhibits and/or citations to case authorities (e.g., motions for summary judgment and anti-SLA...

Excerpt: ...NT The Court notes that Defendants move for summary judgment, not summary adjudication. (Motion for Summary Judgment, p. 1.) Therefore, Plaintiffs need only show one triable issue of material fact for any cause of action in order to defeat Defendants' motion. Further, the Motion for Summary Judgment requests an “Order granting Summary Judgment with respect to all claims asserted” by all 67 Plaintiffs that are named in the motion. (Motion, p. ...

Excerpt: ...signed an “Independent Contractor Agreement.” The commissioner rejected his claim on the ground that the agent was an independent contractor rather than an employee entitled to unpaid wages. The agent sought an appeal de novo before the superior court, and the superior court denied his claim on the same grounds. The appeals court upheld the superior court. On January 16, 2020, this case came on for court trial in Department 44. After the conc...

Excerpt: ...bility company, brings this petition to modify an existing preliminary injunction granted June 30, 2021. On March 18, 2021, Petitioner Melisa Spamer, derivatively on behalf of Krengel, Spamer & Vance LLC filed a petition against Respondent Joseph J. Vance to expel member from limited liability company and for an accounting. On April 1, 2021, the Court made the following orders as a temporary measure: (1) all proceeds from the Jane Lynch Bucktown ...

Excerpt: ...mended Complaint (“FAC”) against Defendants David Elias, The Hacienda Company, LLC, and Brett Vapnek, alleging causes of action for (1) breach of fiduciary duty; (2) declaratory relief; (3) breach of contract; (4) declaratory relief; (5) accounting; (6) breach of fiduciary duty; and (7) breach of fiduciary duty. On February 26, 2020, Plaintiffs 89 Acapulco, LLC, individually and derivatively on behalf of Auxin Management LLC (“Auxin Managem...

Excerpt: ... Saxton Resp. Party: Defendant Diego Plate Properties LLC SUBJECT: (3) Motion to Compel Defendant Herbert Hudson to Respond to Plaintiff's Second Request for Production of Documents and Request for Sanctions Moving Party: Plaintiff Jimmy Saxton Resp. Party: Defendant Herbert Hudson SUBJECT: (4) Motion to Compel Defendant Herbert Hudson to Respond to Plaintiff's Second Set of Special Interrogatories and Request for Sanctions Moving Party: Plaintif...

Excerpt: ...n for Summary Judgment is GRANTED. Defendant California-Pacific Annual Conference of the United Methodist Church's Motion for Summary Judgment is GRANTED. I. PRELIMINARY COMMENTS Plaintiff's Table of Contents and Table of Authorities are not formatted properly; in fact, the Table of Contents in Plaintiffs' Opposition to the Conference Motion for Summary Judgment does not contain any page numbers. (See Opposition to Young Hwa's Motion for Summary ...

Excerpt: ...audulent inducement, and negligent repair. (Complaint.) Parties settled on June 15, 2021. (Motion for Attorneys' Fees, Memorandum, p. 5:28.) On October 13, 2021, Plaintiffs Nelson Iglesias and Karen A. Villalta filed the instant motion for attorney's fees pursuant to pursuant to Civil Code § 1794(d) of the Song-Beverly Consumer Warranty Act. On October 27, 2021, Defendants San Fernando Motor Company and FCA US LLC filed their opposition to the m...

Excerpt: ...ection 430.10(e) is OVERRULED. Defendant's Demurrer to the Second Cause of Action for Intentional Interference with Prospective Economic Advantage pursuant to Code of Civil Procedure section 430.10(e) is SUSTAINED with leave to amend. Defendant's General Demurrer to the Entire Complaint pursuant to Code of Civil Procedure section 430.10(e) is OVERRULED. Defendants' Motion to Strike is GRANTED with leave to amend. I. BACKGROUND This is a case focu...

Excerpt: ..., and Darla R. Vincent, aka Darla R. Vincent Stephens, commenced this action for quiet title and injunctive relief against Defendants Albert J. Berdis and Sherry D. Spees. On February 27, 2018, Albert J. Berdis and Sherry D. Spees filed a verified cross-complaint against Gina L. Vincent, aka Gina Lorri Vincent Castagna, and Darla R. Vincent, aka Darla R. Vincent Stephens for (1) quiet title and injunctive relief; (2) elder abuse; (3) intentional ...

Excerpt: ...trike as to special damages and equitable relief is granted without leave to amend. The motion to strike as to punitive damages is granted with 20 days' leave to amend. 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.) On December 21, 2020, Plaintiff MAH, Inc. commenced this action against Defendant Capref Burbank, LLC (“Defendant”) an...

Excerpt: ...intiff wins an actual damages award, and the trier of fact finds Defendant guilty of malice, oppression, or fraud in accordance with Civil Code § 3294 is GRANTED. I. BACKGROUND On September 8, 2020, Plaintiff, a former deli meat cutter for Defendant, filed a complaint that alleged Defendant liable for discrimination, harassment, and retaliation, among other causes of action, given alleged actions Plaintiff was subjection to in the workplace. On ...

Excerpt: ...e Complaint, ¶ 11.) On January 6, 2020, Plaintiff Daryl White commenced this lemon law action against Defendant Kia Motors America for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation. On October 12, 2021, Defenda...

Excerpt: ...to as "Verdugo" or "Pharmacy"), a pharmacy operating within the State of California. Plaintiff/Cross-Defendant Serj Soukaz Markarian (“Plaintiff” and/or “Markarian”) entered into a Stock Transfer Agreement whereby Markarian, the then record owner and holder of 50,000 shares of the common stock of the Pharmacy, agreed to sell to Defendant/Cross-Complainant Maung Ye Htut Loo (“Defendant” and/or “Loo”) 24,500 shares of common stock o...

Excerpt: ...'s demurrer is SUSTAINED with leave to amend. Defendants' Motion to Strike is DENIED as moot. I. BACKGROUND This conflict revolves around a conflict over corporate management. On September 21, 2021, Defendants Robert Wade Lohman and Gary Lohman filed a demurrer pursuant to the Code of Civil Procedure §§ 430.10(d)-(f). Defendants also filed the instant motion to strike on September 21, 2021, pursuant to the Code of Civil Procedure § 435-437. On...

Excerpt: ... arises from the purchase of a subject property that, following a title search, was found to have an active easement that regulated access to the property. Plaintiff argues that this easement rendered the property significantly less attractive. Defendants seek discovery from Plaintiff and non-parties with existing business relationships with Plaintiff. Plaintiff moves to quash these 3 rd-party discovery requests. II. PRELIMINARY COMMENTS Neither ...

Excerpt: ...laintiff Matthew “Mateo” Garcia Resp. Party: Defendants KC Stylist Academy and Yuko Koach SUBJECT: (3) Motion to Compel Responses to Form Interrogatories – General (Set One) to Defendant KC Stylist Academy, Inc., and Request for Monetary Sanctions Moving Party: Plaintiff Matthew “Mateo” Garcia Resp. Party: Defendants KC Stylist Academy and Yuko Koach SUBJECT: (4) Motion to Compel Responses to Form Interrogatories – General (Set One) t...

Excerpt: ...iled this action, alleging violations of the Song-Beverly Consumer Warranty Act, including breach of express warranty and breach of implied warranty. Plaintiff also alleged causes of action for Fraudulent Inducement (Concealment) and Fraudulent Inducement (Intentional Misrepresentation), alleging that KA knew about an engine defect at the time of the Vehicle's purchase but did not disclose it to Plaintiff. (Tallant Decl., at ¶3.)” (Motion to S...

Excerpt: ...levard, and seeking a determination that Li and Bai are no longer members of Plaintiff. Plaintiff's members were Li, Bai, and Kai Hou Liang. Plaintiff alleges Li and Bai did not make their required capital contribution to Plaintiff. Instead Li improperly obtained a loan on behalf of Plaintiff. Plaintiff further alleges Li used Plaintiff's funds for his personal benefit and interfered with Plaintiff's operations. On September 24, 2018, Plaintiff H...

Excerpt: ... encompass attorney-client and attorney work-product protected documents. However, any documents that are produced under this Pitchess motion must be reviewed in camera prior to their production. Defendant can prepare its privilege log and/or argue in camera why any other documents subject to this Pitchess motion should be not be produced. II. BACKGROUND Plaintiff is a former Patrol Officer III of the Los Angeles Police Department. (Complaint, ¶...

Excerpt: ...ng and opposing this motion. Certainly, that is not a good use of counsel's time, their clients' money, or the Court's resources. II. BACKGROUND Defendant Wargo French, LLP fully prevailed on an anti-SLAPP motion on September 1, 2021. Before the Court today is Defendant's Motion for Attorney's Fees. III. ANALYSIS A. Legal Standard A party prevailing on a special motion to strike is entitled to costs and reasonable attorney's fees unless the court...

Excerpt: ...d Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing is DENIED. Defendant's Motion for Summary Adjudication of Plaintiff's Fourth Cause of Action, Common Count for Money Had and Received is GRANTED. Defendant's Motion for Summary Adjudication of Plaintiff's Fifth Cause of Action for Breach of Express Warranty is DENIED. Defendant's Motion for Summary Adjudication of Plaintiff's Sixth Cause of Action for Breach of Im...

Excerpt: ...ties after previous litigation. Plaintiff argues that Defendants breached this Settlement Agreement, causing injury. II. ANALYSIS A. Legal Standard A party that requests that a record or portion of a record be filed under seal must file a motion or an application for an order sealing it. The motion must be accompanied by a supporting memorandum and a declaration containing facts sufficient to justify the sealing. (Cal. Rules of Court, rule 2.551(...

Excerpt: ...cord. I. BACKGROUND This action stems from allegations that Defendant, who hired Plaintiff as a maintenance worker, retaliated and discriminated against Plaintiff after he suffered a stroke while at work and after he requested reasonable accommodations. (Complaint, ¶¶ 15-21.) On September 18, 2020, Plaintiff Leonides Birrueta commenced this action against Defendant Uma Enterprises, Inc. for (1) wrongful termination in violation of public policy...

Excerpt: ...ses (Request for Admissions, Set One); Request for Sanctions Moving Party: Plaintiff Stacey Dominguez Resp. Party: Defendant Icon Realty Services SUBJECT: (4) Motion to Compel Further Responses (Request for Production, Set One); Request for Sanctions Moving Party: Plaintiff Stacey Dominguez Resp. Party: Defendant Icon Realty Services Plaintiff's motions to compel further discovery responses to Plaintiff's Form Interrogatories- Employment, Set One...

Excerpt: ...le” or “Subject Vehicle”), Defendant General Motors, LLC (“GM”) actively concealed a known defect in the Vehicle relating to the transmission, which can result in lag in power, hesitation, transmission slipping, transmission failure to engage, stalling, and failure of the torque converter. The Subject Vehicle has been plagued by symptoms of the defective transmission. (Opposition, p. 1:2-8.) Plaintiff filed his Complaint on April 15, 20...

Excerpt: ...d. I. BACKGROUND This action arises out of legal services the defendants provided regarding a private equity sale transaction relating to the plaintiffs' ownership interests in a medical practice, “Southern California Reproductive Center, Inc.” (Complaint, ¶¶ 10-13.) On December 23, 2020, Plaintiffs Hal Danzer, M.D., Shahin Ghadir, M.D., and Mark Surrey, M.D., as Trustee of the Mark W. Surrey Trust, dated December 28, 2004 commenced this ac...

Excerpt: ...employed by Newhall School District, complained about her principal's unethical conduct regarding a student's individualized education plan, the District and its administrators retaliated against Plaintiff by physically accosting her, issuing her a false and belated performance evaluation, issuing her written discipline based on false charges, and forcing her to enter the peer assistance program for struggling teachers -- all for the purpose of p...

Excerpt: ...ducts (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, for example, a rectangular-shaped cotton blue pillow) has already been created on Am...

Excerpt: ...Demurrer is OVERRULED. The Real Estate Defendants' Motion to Strike is DENIED. Defendants Holloway Drive and Lubov Azria's Demurrer is OVERRULED. Defendants Holloway Drive and Lubov Azria's Motion to Strike is DENIED. I. BACKGROUND On or around November 25, 2019, Plaintiff Zohar Management entered an agreement to purchase a property from Defendant Holloway Drive, LLC. (First Amended Complaint (“FAC”) ¶ 44.) Plaintiff alleges that certain Los...

Excerpt: ...s action stems from allegations that Defendant, who hired Plaintiff as a maintenance worker, retaliated and discriminated against Plaintiff after he suffered a stroke while at work and after he requested reasonable accommodations. (Complaint, ¶¶ 15-21.) On September 18, 2020, Plaintiff Leonides Birrueta commenced this action against Defendant Uma Enterprises, Inc. for (1) wrongful termination in violation of public policy; (2) denial of and dis...

Excerpt: ...ative First Amended Complaint (“FAC”) against Defendants Unix Construction, Inc. Archipro Construction, Inc. Young Sook Jung; Eui Kyoung Hwang; Ho Tae Seok; and Does 1-20 for (1) failure to pay regular and minimum wages, (2) failure to pay overtime wages, (3) failure to provide meal periods, (4) failure to provide rest periods, (5) failure to provide itemized accurate wage statements, (6) failure to provide employment records, (7) continuing ...

Excerpt: ...nt forced Plaintiff Eric Young, a cancer patient, to sign over the Compton Property to her. (Complaint, p. 3:7, and 3:21-25.) Plaintiffs allege the following causes of action: breach of fiduciary duty, elder abuse, quiet title, and constructive trust. II. ANALYSIS A. Legal Standard “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice o...

Excerpt: ...ach of Fiduciary Duty, (2) Breach of Trust, (3) Negligence, -Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Accounting, and Quiet Title. II. ANALYSIS A. Plaintiff's Request for Judicial Notice Plaintiff requests that the Court take judicial notice of Exh. A, which purports to be a marriage certificate. However, Exh. A is not authenticated. Rhe Request for Judicial Notice states that Exh. A is a “true and corr...

Excerpt: ...er 20, 2021 Dept: 34 SUBJECT: (1) Demurrer without Motion to Strike Moving Party: Defendants Best Energy Solutions and Technology Corp., dba “Best Corp.”, a California corporation; George Sturges, an individual Resp. Party: Plaintiff California Fueling, LLC SUBJECT: (2) Motion to Seal Portions of Defendant's Demurrer to Plaintiff's Complaint Moving Party: Defendants Best Energy Solutions and Technology Corp., dba “Best Corp.”, a Californi...

Excerpt: ...t discrimination, harassment, and retaliation and wrongful termination. (Complaint, p. 1.) Plaintiff filed his Complaint against Defendants on May 21, 2021. Defendants filed a Motion to Compel Arbitration on September 16, 2021. There is no dispute that Plaintiff signed the following Arbitration Agreement, filed with Defendants' Motion to Stay Action and Compel Arbitration: “ARBITRATION AGREEMENT “If any legally actionable dispute arises which...

Excerpt: ...dential tenant at the property located at 3105 West 27 th Street #32, Los Angeles, CA 90018 (the “Subject Property”). (Plaintiff's Opposition to Defendant's Motion to Strike, P. 1:22-23.) The Subject Property was owned and managed by the Defendants. (Id.) Plaintiff filed her initial Complaint on October 5, 2020. (Memorandum of Points and Authorities in Support of Motion to Strike Allegations and Prayer Seeking Punitive Damages Within Plaintif...

Excerpt: ...f Action for Breach of Contract is DENIED. Plaintiff's motion for summary adjudication of the Second Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing is DENIED. I. BACKGROUND On July 24, 2020, Plaintiff alleged four causes of action against Defendants: (1) breach of contract (2) breach of implied covenant of good faith and fair dealing, (3) promissory fraud, and (4) common court for services rendered. Plaintiff al...

Excerpt: ... 14, 2015, the Court dismissed Steve Owens after Plaintiff failed to amend his First Amended Complaint. Attempts to add Owens back into this action failed. Following a bench trial on July 6-8, 2021, the Court found that Plaintiff had not established the elements of a breach of contract claim various alleged promises allegedly made by his former employer, Defendant Knights of Columbus. After the Court ruled for Defendant the Knights of Columbus, P...

Excerpt: ...es, mold, infestation of bed bugs, leaks from bathroom ceiling, toilet overfloats due to plumbing issues, no functioning heater, water bubbles on bathroom ceiling, dirty smelly water running from all faucets in the home, no pool usage.” (Compl., p. 2:21-24.) Defendant Maximum Management Corp., the property manager of Plaintiff's residence, uses a procedure known to tenants like Plaintiff to allow residents to report maintenance concerns to Defe...

Excerpt: ...violations of the California Invasion of Privacy Act, Cal. Pen. Code §§ 632. (FAC ¶¶ 14-21.) Plaintiff filed her First Amended Complaint on April 7, 2021. Defendant answered the FAC on September 3, 2021. Defendant listed twenty-two affirmative defenses in their answer, including failure to state a claim upon which relief can be granted. (Answer to FAC, p. 2:13—4:23.) Plaintiff filed a demurrer to Def.'s Answer on September 10, 2021. Defenda...

Excerpt: ...n to Compel Responses to Special Interrogatories are GRANTED. I. BACKGROUND Plaintiff Biztracker Systems of St. John, LLC, a distributor of scanners, printers, and other devices used by businesses worldwide, has a physical business in Florida but also sells products online through its own website and on www.amazon.com (“Amazon”) pursuant to a contract with Amazon. (Complaint, ¶¶ 5-8.) Plaintiff alleges that Defendant Lavco Solutions, Inc., ...

Excerpt: ...e like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) Further, “[p]roviding access to justice for self-represented litigants is a priority for California courts.” (California Rules of Court, rule 10.960, subdivision (b).) The Court also understands that Plaintiff originally filed this complaint in pro per, and then later hired an attorney...

Excerpt: ...2) Breach of Contractual Duty to Pay a Covered Insurance Claim; (3) Tortious Breach of Implied Covenant of Good Faith and Fair Dealing; and (4) Unfair Trade Practices stemming from damages and injuries incurred by Plaintiff from an automobile accident on October 23, 2016. Plaintiff states that she sustained extensive bodily injury and extensive damage to her 2013 Tesla when her vehicle was rear-ended by Mamood Ahmed Al Dulami in a Hertz rental ca...

Excerpt: ...uary 6, 2020, Plaintiff Daryl White (“Plaintiff”) filed a Complaint asserting causes of action for (1) violation of Song-Beverly Act (the “Act”) – breach of express warranty, (2) violation of the Act – breach of implied warranty, (3) violation of the Act – section 1793.2, (4) fraudulent inducement – concealment, (5) fraudulent inducement – intentional misrepresentation against Defendant Kia America, Inc. (formerly known as Kia M...

Excerpt: ...ith and fair dealing; 42 U.S.C.A. § 3601. (Fair Housing Act); Cal. Gov. Code § 12955(a). Plaintiff failed to appear for three Case Management Conferences (February 9, 2021, March 9, 2021, and May 10, 2021); improperly verified discovery submissions on May 18, 2021; and did not respond to the July 9, 2021 court order that required supplemental responses and monetary sanctions. No opposition or reply to this motion has been filed with the Court. ...

Excerpt: ...netary sanctions is DENIED. BACKGROUND: This action arises from an alleged defective 2020 Volvo XC60 vehicle (the “Subject Vehicle”) that Plaintiff purchased on December 27, 2019, which was manufactured by Defendant Volvo Cars of North America, LLC. (Complaint, ¶¶ 4-8.) On March 2, 2021, Plaintiff Gregory Campbell filed a complaint against Defendant Volvo Cars of North America, LLC (“Defendant” or “Volvo”) for violation of the Song-...

Excerpt: ...January 6, 2020, Plaintiff Daryl White (“Plaintiff”) filed a Complaint asserting causes of action for (1) violation of Song-Beverly Act (the “Act”) – breach of express warranty, (2) violation of the Act – breach of implied warranty, (3) violation of the Act – section 1793.2, (4) fraudulent inducement – concealment, (5) fraudulent inducement – intentional misrepresentation against Defendant Kia America, Inc. (formerly known as Ki...

Excerpt: ....” (Complaint, ¶ 1.) Plaintiff alleges that “Defendants have violated the rights of Plaintiff and the Aggrieved Employees by, among other things: (1) failing to pay them minimum wages; (2) failing to pay them overtime wages; (3) failing to provide them with legally required meal periods; (4) failing to provide them with legally required rest periods (6) failing to timely pay them earned wages during employment and/or after separations of emp...

Excerpt: ...t the complaint needed to be amended, she should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had she done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended. BACKGROUND: Plaintiff's case arises out of various wage and hour violations allegedly committed by the Defendants. (See generally...

Excerpt: ...ents is GRANTED in part and DENIED in part. Plaintiff's request for sanctions is DENIED. BACKGROUND: On March 5, 2021, Plaintiff Gaia Construction, Inc. (Plaintiff or “Gaia”) filed this action's complaint (“Complaint”) against Defendant Younes Abrishamchi (“Defendant” or “Abrishamchi”). On May 27, 2021, Plaintiffs Gaia Construction, Inc. and Farzad Farhang filed the operative, verified first amended complaint (“FAC”) against D...

Excerpt: ...each of fiduciary duty. (Civ. Code, § 1717(a).) However, the Court partially grants Defendant Loo's Motion for Attorney's Fees on the grounds that Defendant Loo is entitled to attorney's fees for: 1) the Complaint's claims for breach of contract and breach of express indemnity; and 2) the Cross-Complaint's claim for breach of covenant of good faith and fair dealing. (Civ. Code, § 1717(a).) The hearing for the pending motion is continued so that...

Excerpt: ...strike. Plaintiff appealed the decision, and on March 19, 2020, the Court of Appeals issued its decision reversing the lower court's decision. Thereafter, the matter was remanded. On June 29, 2021, default was entered against Defendant. ANALYSIS: A. Request for Judicial Notice On August 18, 2021, Plaintiff filed a request for judicial notice of the complaint and various motions filed in this action. His request is DENIED as superfluous. Any party...

Excerpt: ...on for (1) breach of written guaranty, (2) breach of written guarantee, and (3) promissory fraud. Plaintiffs allege that on May 24, 2019, an entity known as USA Lendco Holdings, LLC executed a written promissory note in favor of EZ Investment in the amount of $400,000, and Defendants executed a guaranty agreement. Similarly, USA Lendco Holdings, LLC executed a written promissory note in favor of Bian on May 24, 2019, and Defendants also executed ...

Excerpt: ...on against Defendant Iliana Maria Stoltz for (1) elder abuse; (2) ejectment; (3) trespassing; (4) conversion; (5) constructive fraud; (6) constructive trust; and (7) quiet title in real property. Plaintiffs allege that their mother, Ramona Perez, purchased the subject property with her husband, Jose Perez on December 15, 1971, but later became the sole owner of the subject property as Jose Perez quit claimed the property to Ramona Perez on July 2...

Excerpt: ...ll 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 causes of action to inflate the value of the case. The fact that the Court is denying this unopposed motion does not preclude the parties from agreeing between themselves to reclassify the case, or to settle the case and avoid attorney's fees...

Excerpt: ...14 days before trial, whichever comes first, or be precluded from testifying at trial, and (d) allow Hernandez's deposition and any other discovery directed to Hernandez only after Hernandez has waived his privilege, if at all. BACKGROUND: On January 15, 2021, Plaintiff Jesus Alegria commenced this action and on March 15, 2021 filed a first amended complaint (“FAC”) against Defendants County of Los Angeles, Sheriff Alex Villanueva, Miguel Veg...

Excerpt: ...op Venture Capital, LLC, and was the driving force behind HeyTutor's entire operation since September 2017. (FAC, ¶ 3.) Plaintiff brings this action to allege that HeyTutor's CEO, Skyler Lucci, repeatedly harassed and discriminated against Plaintiff, constantly dismissing her opinion as a woman and praising those same opinions when they came from her male colleagues. (Ibid.) Plaintiff alleges that she “repeatedly complained to upper management...