Excerpt: ...1, 2022, Plaintiff Maria Gonzalez filed her Complaint against General Motors LLC on causes of action regarding the Song-Beverly Consumer Warranty Act. On December 9, 2022, the Court issued its Notice of Case Management Conference. The Notice included an order to Plaintiff to serve the Song-Beverly Act Addendum to Case Management Conference Statement (“Addendum”) on all parties/attorneys of record concurrently with the Notice of Case Managemen...

Excerpt: ...G, K, and QQ Moving Party: Defendants Best Energy Solutions & Technology Corporation, George Sturges, A Transport Corporation, and Best Energy Holdings, LLC Resp. Party: None SUBJECT: Motion to Seal Documents Filed in Opposition to Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication Moving Party: Plaintiff California Fueling, LLC Resp. Party: None SUBJECT: Motion to Seal Reply and Concurrently Filed Documents in Sup...

Excerpt: ...). On October 21, 2022, Defendant filed its Answer. On March 8, 2023, Defendant filed its Motion to Compel Arbitration. Defendant concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of Jason D. Goldwater; (3) Declaration of Megan Lessard; (4) Index of Exhibits; (5) Request for Judicial Notice; (6) Proposed Order; and (7) Proof of Service. On March 16, 2023, Plaintiff filed his Opposition. Plaintiff concurrently filed: (1...

Excerpt: ...iffs Verified First Amended Complaint is DENIED. BACKGROUND: On February 24, 2020, Plaintiff Zohar Management, LLC filed its Complaint against Defendants Holloway Drive, LLC, Lubov Azria, Compass California, Inc., Shane Douglas Markland, Anthony J. Stellini, Sherri Ann Rogers, Utopia Development, Inc., and Daniel Angelo Moizel. This action arises out of allegations of the breach of a real estate contract regarding four residential units located a...

Excerpt: ... to $10,000.00. If Plaintiff chooses to accept the reduction of damages, Plaintiff shall concurrently serve and submit to the Court a proposed amended judgment reflecting the modified judgment amount. The modified judgment amount shall include the modified amount for both damages and the civil penalty. The civil penalty amount shall remain a 1.75 multiple of the damages amount, and judgment shall remain the addition of the civil penalty amount to...

Excerpt: ...duce a privilege log to Plaintiffs mthin 10 days. The privilege log must identi$r any documents that have been withheld and the privilege(s) being asserted for withholding each document PRELIMINARY COMMENT: The Court noted in one of its earlier tentative orders that the Court expects the parties respective counsel to act with a higher quality of communication and cooperation. The Court's expectations have not been met "Although we have not as yet...

Excerpt: ...s causes of action arising from Plaintiff's contractual relationship(s) with Defendants. On December 5, 2022, Defendants/Cross-Complainants filed their Answer to the Complaint and their Cross-Complaint against Cross- Defendants In Hospitality, LLC, Dong Hyuk Lee, Jeff Jun, and Kevin Minsoo Son On February 3, 2023, Plaintiff/Cross-Defendant In Hospitality LLC ("Plaintiff/Cross-Defendant") filed its Answer to the Cross-Complaint On February 27, 202...

Excerpt: ...inst Defendants City of Commerce and Mario Beltran on causes of action for violation of the Fourteenth Amendment of the United States Constitution and extortion. On October 28, 2020, Defendant City of Commerce filed its Answer to the Complaint. On January 30, 2023, the Court of Appeal for the Second Appellate District affirmed the Court's Order denying Defendant Mario Beltran's ("Defendant") special motion to strike. The Court of Appeal further o...

Excerpt: ...OVERRULED. The Motion to Strike is DENIED. BACKGROUND: On September 30, 2022, Plaintiffs Mazelle Jacobs, Aaron Jacobs, Jacob Lauing, and Ivana Carbajal filed their Complaint against Defendants Kevin Dillon, Westside Property Management, Inc., and Commercial Brokers International, Inc. on causes of action arising from Plaintiffs' leases with Defendants. On January 20, 2023, Plaintiffs filed their First Amended Complaint. On February 17, 2023, Defe...

Excerpt: ...he lead case On December 23, Complaint (FAC) 2022, Plaintiff filed its First Amended On February 23, 2023, Defendant filed their Demurrer. Defendant concurrently filed: (1) Request for Judicial Notice; Declaration of Amber Miller. On March 3, 2023, Plaintiff filed its Opposition. and (2) I. On March 17, 2023, Defendant filed their Reply. Defendant concurrently filed an additional Declaration of Amber Miller. ANALYSIS: Request for Judicial Notice ...

Excerpt: ...le its Response. BACKGROUND: On July 15, 2021, Plaintiff Robert Manquero filed his Complaint against Defendants Avida CBD and Avida Naturals, LLC regarding causes of action arising from Plaintiff's use of Defendants' cannabis products. On January 6, 2022, by request of Plaintiff, the Clerk's Office entered default on Defendant Avida Naturals, LLC ("Defendant"). On October 7, 2022, Defendant filed its Motion to Set Aside and Vacate Entry of Defaul...

Excerpt: ...tiff United Broadway, LLC filed its Verified Complaint against Defendants T MV Enterprises LLC, Michael Hajek, Tal Hajek, and Michael Vincent Academy, Inc. on causes of action arising from Defendants' tenancy with Plaintiff. On July 12, 2022, Defendants Michael Hajek, Tal Hajek, and Michael Vincent Academy, Inc. filed their Verified Answer. On August 11, 2022, by request of Plaintiff, the Clerk's Office entered default on Defendant TMV Enterprise...

Excerpt: ...the Alternative, Summary Adjudication is GRANTED. Summary judgment is granted in favor of Defendant FlashCo Manufacturing, Inc. and agamst Plaintiff Jeremy McDaniel. Defendant Insperity PEO Services, L.P.'s Motion for Summaty Judgment or, in the Alternative, Summary Adjudication is DENIED. BACKGROUND: On March 9, 2020, Plaintiff Jeremy McDaniel filed his Complaint against Defendants FlashCo Manufacturing, Inc. ("FMI") and Insperity PEO Services, ...

Excerpt: ...in the amount of $4,386,873.80, together with interest in the sum of $63,279.06, filing fees in the sum of $435.00, and interest on said judgment accruing from the time of entry at the rate provided by law. On February 16, 2023, Plaintiff (now Judgment Creditor) filed its Application for Publication for publication of the Judgment to provide notice to Defendant (now Judgment Debtor). Judgment Creditor concurrently filed: (1) Proposed Order; and (...

Excerpt: ...otal amount of $1,185.00. Plamtiffs Request for Sanctions is DENIED. BACKGROUND: On February 1, 2019, Plaintiff Benjamin Nichols filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Code Section 23152; and (4) ...

Excerpt: ...ghes and John E. Hughes, Jr. on causes of action regarding a dispute over real property. On March 25, 2022, Plaintiff filed its Lis Pendens on the real property at issue in this matter. On June 13, 2022, Plaintiff filed its First Amended Complaint against Defendants on the following causes of action: (1) Declaratory relief; (2) Breach of the implied covenant of good faith and fair dealing; (3) Promissory fraud; and (4) Intentional interference wi...

Excerpt: ...ourt awards sanctions of $2,200.00 against the corporate Defendant and its counsel, jointly and severally. These sanctions are to be paid within 30 days. Defendant's request for sanctions is DENIED. PRELIMINARY NOTE The discovery motions filed in this matter indicate a lack of civility between counsel. “The timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off...

Excerpt: ...mber 20, 2021, Plaintiff Suzanne Stanford filed her Request that Clerk Enter Judgment and Judgment on Final Order, Decision or Award of the Labor Commissioner. The requested judgment was to be entered against Defendant Contrast Eye LLC. On September 23, 2021, the Court entered judgment in favor of Plaintiff (now Judgment Creditor) and against Defendant (now Judgment Debtor) in the amount of $70,012.20. On February 1, 2023, Judgment Creditor filed...

Excerpt: ...in favor of Defendant and against Plaintiffs. BACKGROUND: On September 13, 2021, Plaintiffs Jack Rimokh and Joelle Rimokh filed their Complaint against Defendant California Franchise Tax Board pursuant to California Revenue and Taxation Code section 19382. On October 12, 2021, Defendant filed its Answer. On December 19, 2022, Defendant filed its Motion for Summary Judgment. Defendant concurrently filed: (1) Memorandum of Points and Authorities (�...

Excerpt: ...accrued interest and allows costs of $7,134.16 for attorney's fees and ORAP costs. BACKGROUND: On May 24, 2021, Plaintiff Law Offices of Marc Grossman filed its Verified Complaint against Defendant Alexander R. Marmureanu, M.D. on causes of action of fraud, breach of contract, recission, and unfair competition and business practices. On December 17, 2021, Plaintiff filed its Third Amended Verified Complaint. On February 22, 2022, the Court sustai...

Excerpt: ... for Production from Defendant Tervion T. Ramsey Moving Party: Plaintiff CarMax Auto Superstores, Inc. Resp. Party: None Plaintiff's RFAs Motion, ROGs Motion, and RPDs Motion are all GRANTED. The RFAs are DEEMED ADMITTED. Given that trial is set for March 27, 2023, Defendant shall have 10 days from the issuance of this Order to serve his responses to the FROGs, SROGs, and RPDs listed above. PRELIMINARY COMMENTS: It appears to the Court that the p...

Excerpt: ...on of the Fourteenth Amendment of the United States Constitution and extortion. On October 28, 2020, Defendant City of Commerce filed its Answer to the Complaint. On February 6, 2023, Defendant Mario Beltran (“Defendant”) filed: (1) Demurrer to Plaintiff's Complaint; and (2) Motion to Strike Portions of Plaintiff's Complaint. Defendant concurrently filed: (1) Declaration of Jose Luis Fuentes; and (2) Proof of Electronic Service. On February 2...

Excerpt: ....00 every month, due by the 15th of that month, until the remaining $9,000.00 is paid, with the first month's payment due by March 15, 2023, and the last payment due by November 15, 2023. Costs and attorney's fees are awarded to Plaintiff and against Defendant in the amount of $1,730.00. BACKGROUND: On February 1, 2021, Plaintiff Mario Enrique Batzibal Tzoc filed his Complaint against Defendant JHOS Logistics and Transportation Inc. on causes of ...

Excerpt: ... Inc.) filed its Complaint against Defendant PIH Health Good Samaritan Hospital on the following causes of action: (1) Breach of contract; (2) Breach of implied covenant of good faith and fair dealing; (3) Common count – open book account; (4) Negligence; and (5) Declaratory relief. On January 27, 2023, Defendant filed its Demurrer. On February 15, 2023, Plaintiff filed its Opposition. On February 22, 2023, Defendant filed its Reply. ANALYSIS: ...

Excerpt: ... verdict for Plaintiff awarding damages and finds Defendants/Cross- Defendants guilty of malice, oppression, or fraud. The Motion is denied as to bifurcation of liability and non-punitive damages. BACKGROUND: On February 24, 2020, Plaintiff Zohar Management, LLC filed its Complaint against Defendants Holloway Drive, LLC, Lubov Azria, Compass California, Inc., Shane Douglas Markland, Anthony J. Stellini, Sherri Ann Rogers, Utopia Development, Inc....

Excerpt: ...t Alexander R. Marmureanu, M.D. on causes of action of fraud, breach of contract, recission, and unfair competition and business practices. On December 17, 2021, Plaintiff filed its Third Amended Verified Complaint. On February 22, 2022, the Court sustained without leave to amend Defendant's Demurrer to Plaintiff's Third Amended Verified Complaint in its entirety. On March 4, 2022, the Court entered Judgment of Dismissal in favor of Defendant and...

Excerpt: ...aintiff filed her First Amended Complaint. On January 26, 2023, Defendant filed his Motion to Strike Portions of First Amended Complaint. On February 14, 2023, Plaintiff filed her Opposition. On February 17, 2023, Defendant filed his Reply. ANALYSIS: I. Legal Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The noti...

Excerpt: ...ct, as well as a cause of action for fraud by omission. On October 3, 2019, Ford Motor Company filed its Answer to the Complaint. On October 3, 2019, Ford of Montebello, Inc. filed its Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed another Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed its Cross- Complaint against Ford Motor Company on causes of action for indemnity, contribution, apportio...

Excerpt: ...g Trial Preference under Code of Civil Procedure § 36 is DENIED as moot. The second Motion for Order Granting Trial Preference under Code of Civil Procedure § 36 is GRANTED. Trial is set for _________, 2023. Moving party is to give notice. BACKGROUND: This case involves various allegations and causes of action surrounding the use of a certain property. For the sake of clarity, the Court refrains from using terms like Plaintiff, Defendant, Cross...

Excerpt: ...y: Restaurant Design Studio Corp. The Court GRANTS in part and DENIES in part the Motions. Regarding Defendant Camacho, the Motion is DENIED regarding Inspection Demand 30. Regarding Defendant Restaurant Design Studio Corp., the Motion is DENIED regarding Inspection Demands Nos. 28 through 30 and GRANTED as to Demands Nos. 36, 38 through 41, and 44 through 45. The Court declines to award sanctions. BACKGROUND: On April 5, 2022, Plaintiffs Joe Mae...

Excerpt: ... Heit, Matthew Jacob Feaver, and Heit Law Group (“Sheehan et al.”). The underlying issue regards the alleged malpractice (and related claims) of Sheehan et al. in Meiner et al.'s prior lawsuit on a specific e-spam law. On January 25, 2022, Sheehan et al. filed: (1) Answer to Meiner et al.'s Complaint; and (2) Cross-Complaint against Cross-Defendants Gregory Walston and Walston & Associates (“Walston et al.”). On January 26, 2022, Meiner e...

Excerpt: ...nts Daniel Moaddel and Moaddel Law Firm, APC on causes of action regarding alleged legal malpractice. On November 10, 2023, Plaintiffs filed their First Amended Complaint against Defendants, which included the following causes of action: (1) Attorney malpractice; (2) Breach of fiduciary duty; (3) Fraud; and (4) Violation of Business and Professions Code section 17200. On December 28, 2022, Defendants filed their Demurrer to Plaintiffs' First Amen...

Excerpt: ...ustained in part Defendants' Demurrer to the Complaint. The Court sustained the Demurrer with leave to amend the Complaint as to the causes of action for breach of fiduciary duty, rescission, violation of Vehicle Code section 11700, and violation of the Unfair Competition Law. The Court sustained the Demurrer without leave to amend the Complaint as to the cause of action for restitution. The Court overruled the Demurrer as to the cause of action ...

Excerpt: ...iation), eighth cause of action (promissory estoppel), ninth cause of action (fraud and concealment), tenth cause of action (defamation) eleventh cause of action (IIED), twelfth cause of action (UCL) and thirteenth cause of action (declaratory relief). Summary adjudication is DENIED as to all other causes of action and as to the prayer for punitive damages. PRELIMINARY COMMENTS: According to Plaintiff, she “does not oppose summary adjudication ...

Excerpt: ...f fiduciary duty, elder abuse, quiet title, and constructive trust. On December 22, 2021, the Court sustained Defendant's Demurrer as to the fourth cause of action for constructive trust. On December 29, 2021, Defendant/Cross-Complainant Precious Young filed her Verified Cross Complaint against Plaintiffs/Cross- Defendants Eric Young and Paula Young. On December 6, 2022, the Jury found the following after Trial: (1) that Plaintiff Eric Young prov...

Excerpt: ...f action regarding a dispute over real property. On March 25, 2022, Plaintiff filed its Lis Pendens on the real property at issue in this matter. On June 13, 2022, Plaintiff filed its First Amended Complaint against Defendants on the following causes of action: (1) Declaratory relief; (2) Breach of the implied covenant of good faith and fair dealing; (3) Promissory fraud; and (4) Intentional interference with prospective economic advantage. On Se...

Excerpt: ...regarding damages Plaintiff allegedly suffered due to the conditions of their home. On August 5, 2021, the Court appointed Desiree Brown as the guardian ad litem for Plaintiff Zion Perkins. On October 27, 2021, the Court found related cases 21STCV28518 and 21STCV20947, and designated 21STCV28518 as the lead case. On November 9, 2021, Plaintiffs filed their First Amended Complaint. On December 8, 2021, by request of Plaintiffs, the Clerk's Office ...

Excerpt: ... Plaintiffs Allstate Insurance Company, Allstate Indemnity Company, and Allstate Northbrook Indemnity Company filed as qui tam relators on behalf of the People of the State of California their Complaint against Defendants Simon Gamzaletova, Reymond Gamzaletova, Farideh Kohan, Mustafa Asghari, West Valley MRI, Inc., and SoCal Imaging on causes of action for violations of the California Insurance Frauds Prevention Act and the California Unfair Comp...

Excerpt: ...nt Kia Motors America on causes of action regarding the defects with his car. The causes of action were: (1) Breach of express warranty in violation of the Song-Beverly Consumer Warranty Act; (2) Breach of implied warranty in violation of the Song-Beverly Consumer Warranty Act; (3) Violation of Civil Code section 1793.2; (4) Fraudulent inducement by concealment; and (5) Fraudulent inducement by intentional misrepresentation. On October 22, 2020, ...

Excerpt: ...nt concurrently filed her Request for Judicial Notice. On February 8, 2023, Defendant filed her Notice of Non- Opposition. On February 9, 2023, Plaintiff filed its Opposition. The Court notes that Plaintiff's Opposition was filed late. ANALYSIS: I. Request for Judicial Notice Plaintiff requests judicial notice of: (1) City of Los Angeles Ordinance No. 186585, dated March 27, 2020; and (2) City of Los Angeles Ordinance No. 186606, dated May 6, 202...

Excerpt: ...PDs. Defendant shall have seven (7) days from the issuance of this Order to provide further supplemental answers to SROGs 14 and 20. Monetary sanctions are AWARDED in favor of Plaintiff and against Defendant and its Counsel, jointly and severally, in the amount of $1,000.00. BACKGROUND: On January 13, 2022, Plaintiff Virgil Haines filed his Complaint against Defendant General Motors LLC on causes of action of the Song-Beverly Consumer Warranty Ac...

Excerpt: ...s Jong Han Lee, Bow Tie Realty and Investment, Inc., Tracy Ko, and United Escrow Co. regarding following causes of action: 1. Breach of Contract and Resulting Trust 2. General Negligence 3. Intentional Tort: Breach of Fiduciary Duty 4. Intentional Tort: Breach of Fiduciary Duty 5. Breach of Contract 6. General Negligence 7. Intentional Tort: Breach of Fiduciary Duty 8. Intentional Tort: Breach of Fiduciary Duty Multiple pleadings were filed befor...

Excerpt: ...tion. If plaintiff agreed that the complaint needed to be amended, she should have agreed when meeting-and-conferring with defendants to amend the complaint or drop this cause of action. The Court questions Plaintiff's (or Plaintiff's counsel's) commitment to this case when she does not even oppose a demurrer to would eliminate one of her causes of action. BACKGROUND: On June 17, 2022, Plaintiff Rosario Rivas filed her Complaint against Defendant...

Excerpt: ...urrer to the Verified Cross-Complaint is OVERRULED. PRELIMINARY COMMENTS: This demurrer is unopposed; the Court finds such silence to be troubling. Although it has considered Plaintiff's “Notice of Previous Filing,” such a notice is not sufficient. BACKGROUND: On August 13, 2019, Plaintiff Antone Nino and Nasrin Shakeri Nino, a partnership, filed its Verified Complaint against Defendants Nasrin Shakeri Nino (both as an individual and as a gen...

Excerpt: ...nts Set One and Request for Sanctions against Defendant Steven Barkin Moving Party: Plaintiff Eun Chu Lee Resp. Party: None SUBJECT: Motion to have Requests for Admission, Set One, Deemed Admitted Against Defendant Steven Barkin and Request for Sanctions Against Defendant Steven Barkin Moving Party: Plaintiff Eun Chu Lee Resp. Party: None Plaintiff's RFAs Motion, FROGs Motion, SROGs Motion, and RPDs Motion are all GRANTED. The RFAs are DEEMED ADM...

Excerpt: ...ounsel, jointly and severally, in the amount of $1,685.00. Defendant's Request for Sanctions is DENIED. BACKGROUND: On May 9, 2022, Plaintiff Rochelle Sterling, as Trustee of the Sterling Family Trust, filed her Complaint against Mohammad M. Fawaz, a.k.a. Mohammad Moet Fawaz, a.k.a. Moet Fawaz. On December 30, 2022, Plaintiff filed her First Amended Complaint. On December 30, 2022, Plaintiff filed her Motion to Seal. Plaintiff concurrently filed:...

Excerpt: ...filed their Complaint against Defendants Pedram Abraham Mehrian, Emanuel Sabet, Michael Sabet, Daniel Sabet, and Strategic Legacy Investment Group, Inc. on the following causes of action: (1) Breach of promissory note; (2) Breach of implied covenant of good faith and fair dealing; (3) Fraud and deceit; (4) Aiding and abetting fraud and deceit; (5) Common counts; and (6) Accounting. On August 27, 2021, by request of Plaintiff, the Clerk's Office e...

Excerpt: ...laintiffs' Counsel and Plaintiffs Moving Party: Defendants Anita Kovacic, BLK Properties, LLC, and Marine View Management, Inc. Resp. Party: Plaintiffs Nicole Abramson and Douglas Stork Defendants' Motion is GRANTED in part. The Motion is GRANTED as to quashing the subpoenas served upon Marko Neri, Brent Graham, Gabi Zaarur, Dale Cornett, and Alfonso Arroyo. The Motion is DENIED as moot as to quashing the subpoena served upon David Gold. The Cour...

Excerpt: ...hborhood Association filed its Complaint against Defendants Betty Sharafi Shalom and Daniel Shalom, as trustees of the Shalom Family Trust, on causes of action of breach of contract, specific performance of contract, injunctive relief, and fraud in the inducement. On March 9, 2022, Defendants filed their Answer. On April 4, 2022, Plaintiff amended its Complaint to substitute Doe One with Betty Sharafi Shalom, Doe Two with Daniel Shalom, and Doe T...

Excerpt: ...n Plaintiff/Cross-Defendant's Motion is DENIED. Plaintiff/Cross-Defendant's Request for Sanctions is DENIED. BACKGROUND: On May 19, 2022, Plaintiffs Gas Pedal Delivery & Distribution LLC and Eric Milestone filed their Complaint against Defendant Sean P. Dunn on causes of action relating to Messrs. Milestone's and Dunn's control of Plaintiff Gas Pedal Delivery & Distribution LLC. On October 3, 2022, Defendant/Cross-Complainant filed: (1) Answer to...