Excerpt: ...gs as to the first cause of action. The court additionally finds that Plaintiff's counsel's claimed hourly billing rates are reasonable. The court CONTINUES this motion to May 17, 2018 and allows the parties to submit supplemental briefing and evidence regarding what portion of the claimed fees can reasonably be apportioned to litigation against Khaligh and which portion is not recoverable as having been incurred against other Defendants. The par...

Excerpt: ...omplaint in the case Bae v. Kang, Los Angeles Superior court Case No. BC586911. (Langer Decl. ¶ 3.) A request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with California Rules of Court, rule 3.1306(c). (Cal. Rules of Court, rule 3.1113(l).) Defendant Langer has not met the requirements of rule 3.1113(l). Accordingly, the court will not consider his request. ...

Excerpt: ...�Amaratunge Decl.”) Overruled: 1, 5‐6, 9‐11, 14, 16‐17 Overruled in‐part, Sustained in‐part: 7‐8, 12, 13 Sustained: 2‐4, 15 Objection 1: Overruled. Does not contradict prior deposition testimony. This statement is of the general result of numerous accounts and does not contradict the secondary evidence rule. Objections 2‐4: Sustained. These statements introduce issues outside of the pleadings. Plaintiff did not plead racial disc...

Excerpt: ...ruction and Eliel Acuna COURT'S TENTATIVE RULING The court DENIES the motion for leave to amend without prejudice. Counsel for Defendants Service Aluminum Company, Inc., Richard Juge, DJ Construction, and Eliel Acuna to give notice. STATEMENT OF THE CASE As alleged in the First Amended Complaint (“FAC”), this is a breach of contract action that arises out of Defendants Alonzo Perez (aka Octavio Perez, “Perez”), AMC Building and Constructi...

Excerpt: ...action for intentional infliction of emotional distress with 20 days leave to amend. Counsel for Defendant City of Los Angeles to give notice. STATEMENT OF THE CASE This action arises in connection with Plaintiff Patricia Bilgin (“Bilgin”)'s employment with Defendant the City of Los Angeles (the “City”). Plaintiff alleges that Defendant discriminated against and wrongfully terminated her in violation of the Fair Employment and Housing Act...

Excerpt: ...e of action for negligent infliction of emotional distress, the second cause of action for violation of Business and Professions Code, section 17200 and the fourth cause of action for violation of Civil Code, section 2924c, subdivision (a)(2). The court GRANTS 20 days leave to amend as to the first cause of action. The court is inclined to deny leave to amend on the second and fourth causes of action. At the hearing, Plaintiff may address the iss...

Excerpt: ...Defendants' motion and awards Defendants reasonable attorney's fees in the amount of $150,863.00. Counsel for Defendants to give notice. <0003000300030003000300 00030003000300030003> STATEMENT OF THE CASE This is an action for legal malpractice and breach of fiduciary duty arising out of Plaintiff Flavio Martinez's attempts to obtain an H‐1B visa. Plaintiff alleges that when he lost his sponsoring employment on December 10, 2012, he sought lega...

Excerpt: ...0870095> MOVING PARTY: Plaintiff Newstart Real Estate Investment LLC OPPOSING PARTY: Defendants 325 Flamingo, LLC <0091009400030004009600 00030009008700870095> MOVING PARTY: Defendants Jade Escrow, Inc. and Rachel Kao OPPOSING PARTY: Plaintiff Newstart Real Estate Investment LLC COURT'S TENTATIVE RULING The court GRANTS Defendants Tony Yeh, Jennifer Yeh, Josephine Yeh, and Allen Yeh's motion for attorney's fees in the amount of $105,000 against P...

Excerpt: ...the hearing, the parties should be prepared to discuss whether additional discovery will be necessary based on the grant of this relief and trial can proceed on June 6, 2018, as is scheduled. STATEMENT OF THE CASE This case arises from allegations that Defendants Lucie Idleman (“Idleman”) and Jonathan Christodoro (“Christodoro”) breached an oral agreement whereby Plaintiff Lupe Powell agreed to lend Defendants money and provide expert adv...

Excerpt: ...tate Investment LLC OPPOSING PARTY: Defendants Jade Escrow, Inc. and Rachel Kao SUBJECT: Motion to Tax Costs of Plaintiff Newstart Real Estate Development, LLC MOVING PARTY: Defendant 325 Flamingo LLC OPPOSING PARTY: Plaintiff Newstart Real Estate Investment LLC COURT'S TENTATIVE RULING The court GRANTS Plaintiff Newstart Real Estate Investment LLC's motion to tax costs claimed by Defendant Regal Rock, Inc. in‐part and taxes $18,412.63 in costs...

Excerpt: ...als & Recycling, Inc. to attempt to meet and confer with Defendant Kalisky and to notify him of this ruling, the hearing date, and the date Kalisky's opposition brief or response is due. Plaintiff may file a supplemental brief and declaration by April 30, 2018, not to exceed 5 pages, that details its efforts to meet and confer with Defendant and the results. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This action arises from the a...

Excerpt: ...ael N. Feuer OPPOSING PARTY: Defendants Cosmic Mind; Space Brain, Inc.; Space Brain, LLC; Fleet Feet Delivery, LLC; Andrew J. Gentile; Jennifer Gentile; and Eugene Andrew Gentile. COURT'S TENTATIVE RULING The court GRANTS Plaintiff's motion and awards civil penalties in the amount <0091008800030344037401 00030003000c00900003>sum, the court GRANTS Plaintiff civil penalties and costs in the amount of $700,152.30 against Defendants jointly and sever...

Excerpt: ...notice. STATEMENT OF THE CASE This action arises from allegations that Defendants Farmers Insurance Exchange (“FIE”), Carrie Lane Johnson (“Lane‐Johnson”), and Kamala Wedding (“Wedding”) discriminated against, harassed, and wrongfully terminated Plaintiff Thomas Pate Jr. (“Pate”) in violation of the Fair Employment and Housing Act (“FEHA”). Plaintiff filed the First Amended Complaint (“FAC”) on November 21, 2017, allegin...

Excerpt: ...d Louis Reese to give notice. STATEMENT OF THE CASE This action arises from allegations that Defendant General Motors, LLC (“GM”) committed fraud by failing to disclose to consumers, at the time of the sale, that certain vehicles equipped with a 2.4L engine suffer from defects in their engines that cause them to be unable to properly utilize engine oil and to improperly burn off and/or consume abnormally high amounts of oil (the “Engine Oil...

Excerpt: ...iff to give notice. <0003000300030003000300 00030003000300030003> STATEMENT OF THE CASE This action arises out of Defendants Isauro Jeronimo and Gloria Jeronimo's alleged breach of an agreement with Olympia Medical Center (“Olympia”). Plaintiff California Business Bureau Inc. (“CBB”) alleges that Olympia assigned Plaintiff its rights in the claim for collection. (Compl. ¶ 2.) Plaintiff contends that Defendants have failed to repay an obl...

Excerpt: ...ptember 23, 2011, he entered into a settlement agreement with Defendant Avani Holdings, LLC (“Avani”) and several other parties and that Avani breached the agreement by failing to make the promised payments. According to Plaintiff, Avani owes him $150,000 plus interest at the rate of 10 percent per year from the date of the settlement agreement. Plaintiff alleges that Defendant Global Fashion Technologies, Inc. (“Global Fashion”) was not ...

Excerpt: ...o Code of Civil Procedure section 473, subdivision (b), counsel for Defendant shall pay Plaintiff reasonable compensatory costs associated with obtaining the default judgment and opposing this motion. Counsel for Defendant 915 to give notice. STATEMENT OF THE CASE This is a motion by Defendant 915 N. Wilton Place, Inc. (“915”) seeking relief from an entered default and default judgment. Co‐Defendant Kimball, Tirey & St. John LLP (“KTS”)...

Excerpt: ...Defendant City of Los Angeles' favor against Plaintiffs Cynthia and Kenneth Dobbs. The City of Los Angeles meets its burden to demonstrate it is entitled to immunity under Government Code, section 830.6, which is an affirmative defense. Counsel for Defendant to give notice. STATEMENT OF THE CASE This case arises out of personal injuries allegedly suffered by Plaintiff Cynthia Dobbs when she allegedly tripped and fell on concrete pillars protrudin...

Excerpt: ...970090>sel. Counsel Raymond D. McElfish to give notice. MOTION TO BE RELIEVED AS COUNSEL DECLARATION: Counsel moves to withdraw from this matter, asserting that the attorney‐client relationship has suffered an irreparable breakdown. According to Counsel, Defendants Green Solar <001d0098008b008d000302 0003008a008300980087> failed to follow his advice regarding their defense and have refused to make payment toward substantial attorney's fees and ...

Excerpt: ...leave to amend. Plaintiffs are ordered to file the SAC within 10 days of the hearing on this motion. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This breach of contract action arises from Defendant Bank of Hope (previously Wilshire State Bank, “Hope”) alleged failure to provide funds pursuant to various loan agreements whereby Plaintiffs 450 S. Western, LLC (“450 S. Western”) and California Market LLC (“California Marke...

Excerpt: ...cott, et al.[1] COURT'S TENTATIVE RULING The court GRANTS Defendants' motion and ORDERS Plaintiffs and Claim Administrator Gilardi & Co., LLC to prepare and serve upon Defendants' counsel a full and complete accounting that complies with the minimum requirements of the court's April 26, 2017 Order. This accounting is to be served within 28 days of this hearing and must identify the payments that have been made to entities other than the claimants...

Excerpt: .... This is subject to further discussion at the hearing. The <0091009700940096008a01 009a0096008a00030085>auses of action. Plaintiff to give notice. STATEMENT OF THE CASE Plaintiff Anthony A. Patel (“Patel”) and Defendant Sonya Bhatia (“Bhatia”) were married in October 2006. Patel filed for dissolution of the marriage in Los Angeles County in or about July 2013. The judge who presided over the divorce matter was the Honorable Randall Pache...

Excerpt: ... Washington. Plaintiff further does not present evidence of the insurance policy with the Insured, Cohen, or demonstrate that the alleged payment was actually made. It is also unclear whether service of the Complaint and Summons was proper. Plaintiff also does not sufficiently execute the declaration of nonmilitary service. Counsel for Plaintiff may address remedying the issues discussed in this tentative ruling and the time‐frame for <00850087...

Excerpt: ... STATEMENT OF THE CASE This action arises out of alleged water damage to Plaintiffs' apartment unit. As set forth in the Complaint, the factual background is as follows: Plaintiffs Farzan Shahri, Farideh Shahri, and Farnaz Shahri are tenants at the real property located at 449 S. Le Doux Road, Los Angeles, California 90048 (the “Subject Property”). Plaintiffs allege that Defendants 449 Le Doux Partners, 250 Douglas Partners, and J & S Propert...

Excerpt: ...l for Plaintiff to give notice. STATEMENT OF THE CASE This employment action arises in connection with the termination of Plaintiff Kourtney Liggins (“Liggins”)'s employment. Plaintiff alleges that Defendant the Roman Catholic Archbishop of Los Angeles (“Archbishop,” erroneously sued and served as Archdiocese of Los Angeles and Transfiguration School [“Transfiguration”]) committed tortious acts including the wrongful termination of he...

Excerpt: ... to obtain entry of default against all Defendants or to otherwise dismiss the non‐ defaulted Defendant Built Hospitality Design Group, Inc. (see Code Civ. Proc., §§ 585, subd. (a), 579; see also Cal. Rules of Court, rule 3.1800 (a)(7)); (3) failure to mail copies of the request for entry of default to each of the Defendants (See Code Civ. Proc., § 587); and (4) failure to fully execute the declaration of nonmilitary service. Counsel for Pla...

Excerpt: ...over this judgment through sale by court in the manner allowed by law. (See Civ. Code, § 5700, subd. (a).) Counsel for Plaintiff Hillbrook Home Owners' Association, Inc. to give notice. STATEMENT OF THE CASE Summary of Complaint: This case relates to and concerns title and other obligations pertaining to real property in the City of Signal Hill, County of Los Angeles, legally described as Lot 1, Tract 35227 (the “Subject Property”). Plaintif...

Excerpt: ...ill offer Plaintiff one final opportunity to provide the court with information sufficient to enable it to make its determination. Plaintiff must notify the LWDA of this action and serve it a copy of the entire settlement between the parties, if it has not already done so. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This employment action arises under the Fair Employment and Housing Act (“FEHA”) and Labor Code. In the First Am...

Excerpt: ...008700 99000300170094008b0083008e> MOVING PARTY: Defendant 325 Flamingo LLC, OPPOSING PARTY: Plaintiff Newstart Real Estate Investment LLC <0091009400030011008700 99000300170094008b0083008e> MOVING PARTY: Defendant Jack Huang OPPOSING PARTY: Plaintiff Newstart Real Estate Investment LLC COURT'S TENTATIVE RULING Defendant 325 Flamingo LLC joined by Defendant Jack Huang's motion for judgment notwithstanding the verdict is DENIED. Defendant 325 Flam...

Excerpt: ...ourt vacates and continues the currently scheduled final status conference and trial. The court sets a status conference for April 6, 2018 to re‐set dates for the final status conference and trial. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This employment action arises from allegations that Defendant Southern California Edison Co. (“SCE”) discriminated against and wrongfully terminated Plaintiff Ramon A. Millan (“Millan�...

Excerpt: ...d Robert Brunner OPPOSING PARTY: Plaintiffs Steven Lamar and Jibe Audio, LLC <00830096008b0091009000 008b0096008b00910090>ally Seal Plaintiffs' Oppositions to Defendants' Sealing Motions MOVING PARTY: Plaintiffs Steven Lamar and Jibe Audio, LLC OPPOSING PARTY: None COURT'S TENTATIVE RULING The motions to seal are GRANTED and DENIED as stated below. Counsel for Defendant Beats Electronics, L.L.C. to give notice. <0003000300030003000300 00030003000...

Excerpt: ...roduction and to deem matters admitted for her Request for Admissions. The court orders Defendant to serve verified, objection‐free responses to Plaintiff within 30 days of this hearing, and to produce all responsive documents. The court GRANTS Plaintiff's request for monetary sanctions in the amount of $735 with respect to these two motions. The court is inclined to grant Plaintiff's motion for an order compelling Defendant's attendance at a n...

Excerpt: ...for attorney's fees in the amount of $25,957.36 against Plaintiff 21st Century Communities, Inc., LLC. Plaintiffs Barry Cohen and Mary E. Cohen are jointly and severally liable with 21st Century Communities, Inc., LLC for $16,427.36 of these fees. The court DENIES Defendants' motion with respect to Plaintiffs Musichub, LLC and Alan Chaney. Counsel for Defendants to give notice. <0003000300030003000300 00030003000300030003> STATEMENT OF THE CASE T...

Excerpt: ... Plaintiffs' request for attorney's fees. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This action arises out of an alleged fraudulent scheme to defraud insurance companies. Plaintiffs the People of the State of California ex rel., Allstate Insurance Company; Allstate Indemnity Company; Allstate Fire & Casualty Insurance Company; Allstate Property & Casualty Insurance Company; and Allstate Vehicle & Property Insurance Company (col...

Excerpt: ...dant's requests for orders are MOOT. Defendant's requests for attorney's fees is DENIED. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This elder abuse case arises from allegations that Defendant KF Sunray, LLC (erroneously sued as Sunray Health Care Center, “Sunray”) did not provide adequate care to Plaintiff Jesse Farris (“Farris”). In the Complaint, Plaintiff alleges three causes of action for: (1) elder abuse; (2) neglig...

Excerpt: ...Motion for Recovery of Attorney's Fees MOVING PARTY: Defendants[1] OPPOSING. PARTY: Plaintiff Third Eye Capital Corp. SUBJECT: Motion to Tax Costs Sought by Defendant Hill & Brand Productions 7, LLC, et al. MOVING PARTY: Plaintiff Third Eye Capital Corp. OPPOSING. PARTY: None SUBJECT: Motion to Tax Costs Sought by Defendant Paul Westphal MOVING PARTY: Plaintiff Third Eye Capital Corp. OPPOSING. PARTY: Defendant Paul Westphal dba Westphal Advisory...

Excerpt: ...pdated Form MC‐053 Order. Counsel Milord A. Keshishian and J. Nicholas Anwandter to give notice. MOTION TO BE RELIEVED AS COUNSEL DECLARATION: Counsel moves to withdraw from this matter for: (1) nonpayment of fees incurred pursuant to the Client Fee Agreement and (2) deterioration of the attorney‐client relationship which counsel attests has made it impossible for Milord & Associates to continue to adequately and properly represent Defendant....

Excerpt: ... on all claims with 20 days leave to amend. The demurrer is otherwise OVERRULED. The court GRANTS the motion to strike the request for exemplary and punitive damages in‐part as to Defendant Blue Centurion with 20 days leave to amend and DENIES the motion in‐part as to Defendant Asset Sentry. The court GRANTS the motion to strike the request for emotional distress damages as to Defendants Blue Centurion and Asset Sentry and STRIKES the phrase ...

Excerpt: ...om allegations that Defendant Bank of America, N.A. (“BANA”) negatively impacted Plaintiff Koongwon Mike Kwun (“Kwun”)'s credit rating by wrongfully reporting to credit ratings agencies that Plaintiff had made a late payment on a property loan. Plaintiff alleges that he entered into a loan agreement (the “Loan Agreement”) with Select Portfolio Servicing, Inc. (“SPS”) after purchasing certain real property and that his monthly paym...

Excerpt: ... PARTY: Plaintiff Ilana Winter COURT'S TENTATIVE RULING The court GRANTS the motion and orders Plaintiff to attend a properly noticed physical examination by Bluestone within the next 30 days or on a date agreed to by the parties and at Defendants' expense. Plaintiff's request for monetary sanctions is MOOT. Counsel for Defendant Chavez to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants Los Angeles County Metr...

Excerpt: ...E This wage and hour action arises from allegations that Defendants MJB Management & Investment, Inc.; Coast Property Maintenance; and Michelle Ju (collectively “Defendants”) committed violations of the Labor Code and did not fully compensate Plaintiff John Kim for all wages earned, did not provide all requisite rest and meal breaks, failed to provide accurate wage statements, and failed to pay Plaintiff all wages owed upon his termination. P...

Excerpt: ...hicle and same alleged transmission defect within 3 months of his representation of Plaintiff Gomez‐Lira demonstrates the existence of a “substantial relationship” between the prior and current representations that mandates disqualification of Block and his law firm. Counsel for Defendant Ford Motor Company to give notice. STATEMENT OF THE CASE This action arises out of Plaintiff Jose Gomez‐Lira (“Gomez‐Lira”)'s purchase of an alleg...

Excerpt: ...ieved as counsel. The court intends to continue the trial 45 days to allow Defendant Kalisky the opportunity to obtain new legal representation. At the hearing, the parties should be prepared to discuss dates for the continued trial. Counsel Mac W. Cabal and Lanak & Hanna, P.C., counsel for Defendants Lorne Kalisky & Vican Product Distribution to give notice. MOTION TO BE RELIEVED AS COUNSEL DECLARATION: Counsel moves to withdraw from this matter...

Excerpt: ...otice. STATEMENT OF THE CASE This action arises from Defendant Luz Maria Tecolapa (“Tecolapa”)'s alleged breach of a contract for the purchase of a food truck (the “Subject Vehicle”) from Plaintiff Sergio Jesus Mateos Hernandez (“Hernandez”). Plaintiff alleges that Tecolapa has not paid $10,000 due under the parties' written agreement and has additionally committed fraud and conversion by wrongfully submitting documents to the Califor...

Excerpt: ...o strike the demurrer is DENIED. The court OVERRULES the demurrer. Plaintiffs to give notice. STATEMENT OF THE CASE As alleged in the complaint, the facts are as follows. This action arises from Defendant E. Robert Soracco (“Robert Soracco”)'s alleged acts of elder financial abuse and allegedly wrongful interference with his siblings' expected inheritance rights in real property (the “Subject Property”). Plaintiffs Elva Patricia Valenzuel...

Excerpt: ...intiff filed an ex parte application to specially set the subject Pitchess motion and continue the motion for summary judgment and trial dates that are currently set for February 22, 2018 and April 6, 2018, respectively. At the hearing, the court denied the ex parte application but specially set the Pitchess motion for hearing on January 8, 2018. Plaintiff filed the subject Pitchess motion on December 11, 2017. Plaintiff's proof of service indica...

Excerpt: ...mary of Complaint: Plaintiff National Collegiate Master Student Loan Trust I (“National Collegiate”) alleges that Defendant Jabali K. Wells (“Wells”) breached a written contract with Plaintiff's assignor Bank One/JPMC Bank (“Bank One”), whereby Bank One loaned money to Defendant for the financing of education expenses. According to Plaintiff, Defendant breached the agreement by failing to make payments on the contract on or about Marc...

Excerpt: ...to Code of Civil Procedure section 473(b), counsel for Defendant shall pay Plaintiff reasonable compensatory costs associated with obtaining the default judgment and opposing this motion. Counsel for Defendant 915 to give notice. STATEMENT OF THE CASE This is a motion by Defendant 915 N. Wilton Place, Inc. (“915”) seeking relief from an entered default and default judgment. Co‐Defendant Kimball, Tirey & St. John LLP (“KTS”) contends tha...

Excerpt: ...ional Association (“Wells Fargo”) brings this action for breach of contract against Defendant Charles Gyden (dba Airport‐ Marina Phy There, dba Airport‐Marina Physical Therapy, dba Airport Marina Sports Medicine, “Gyden”) for his alleged failure to repay monies owed under a business line of credit in the amount of $74,968.03. <0003000300030003000300 00030003000300030003> In the complaint, Plaintiff alleges three causes of action for: ...

Excerpt: ...100 0083008e000300060087>nter, L.P.'s motion for summary judgment. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This is a medical malpractice action that arises out of a surgical operation for acute appendicitis performed on Plaintiff Wayne Freeman (“Freeman”) by Defendants Augusto <001001e4000701e4000302 00870094009400910090>eously sued as Sung‐Te H. Kim) at and with the support of the nursing and non‐physician staff of De...

Excerpt: ...c Reef Imports, Inc. COURT'S TENTATIVE RULING The court GRANTS Defendant Scottsdale Insurance Company summary judgment as to Plaintiff's Complaint and GRANTS Defendant summary adjudication as to Defendant's first cause of action for declaratory relief in its Cross‐Complaint. Defendant's second cause of action for reformation in its Cross‐Complaint is MOOT. The court DENIES Plaintiff's motion to seal. Counsel for Defendant to give notice. STAT...

Excerpt: ... Defendant to give notice. STATEMENT OF THE CASE This action arises out Defendant Blvd 6200 Owner North, LLC (“Blvd 6200”)'s alleged acts of intentional infliction of emotional distress against Plaintiff Mohamad Hussein (“Hussein”). The gravamen of Plaintiff's complaint is that he was a tenant of Defendant's property and that Defendant engaged in acts of harassment in an effort to evict Plaintiff because of his refusal to put his name on ...

Excerpt: ...tiffs Gabriel Punsalan (individually and as assignee of Gecco Corp.), Michael Laygo, and Amer Ajami allege Defendants Scott Sohn (aka Scott Won Sohn (“Sohn”)), Toymunkey Studios, Inc. (“TSI”), and Toymunkey Studios, LLC (“TSLLC”) breached written and oral contracts, whereby Plaintiffs provided $154,000 to Defendants and Defendants entered into a promissory notes promising repayment with interest. Plaintiffs contend that Defendants hav...