Excerpt: ...s motion for leave to file late opposition (filed 06/06/2020) 3. Petition to compel arbitration (filed 01/31/2020); A. Respondents' motion to strike petitioner's reply in support of petition to compel arbitration (filed 06/01/2020) 4. Respondents' motion to quash subpoena to Diamond Valley Escrow Corp. (filed 05/14/2020) Tentative rulings 1. Pro Hac Vice: The court grants the application. One‐year non‐appearance date: ___________. 2 . Motion ...

Excerpt: ...ed 03/16/2020) TENTATIVE RULING Defendant SAP America Inc.'s demurrer is SUSTAINED IN PART and OVERRULED IN PART: Defendant's demurrer is SUSTAINED with leave to amend on the following causes of action:  First and Second causes of action against the entity Plaintiffs only; and  Fourth cause of action for negligence against all Plaintiffs. Defendant's demurrer is OVERRULED as to the following causes of action:  First and Second causes of ...

Excerpt: ...to compel arbitration is GRANTED, but the court severs the following clause from the arbitration agreement: The parties shall each bear their own costs and attorneys' fees in any arbitration proceeding, provided, however, that the arbitrator shall have the authority to require either party to pay the costs and attorneys' fees of the other party, as is permitted under federal or state law, as a part of any remedy that may be ordered. The court den...

Excerpt: ...tion. The court sets a post‐arbitration status conference in 8 months: MARCH 15, 2021, AT 8:30 A.M. Discussion Plaintiff Grand Prix Auto Body, Inc., and Defendant Getaround, Inc. entered into a vendor services agreement where Plaintiff agreed to perform vendor services (e.g., inspections, mechanical work, body work, pickup/returns of vehicles) for Defendant in exchange for payment. Plaintiff alleges that Defendant failed to pay various invoices...

Excerpt: ...roker's DEMURRER TO COMPLAINT AND MOTION TO STRIKE (filed 1/22/20) 2. Ridgegate Escrow, Inc.'s demurrer to complaint and motion to strike (filed 2/10/20) TENTATIVE RULING 1. Defendant Real Estate Ebroker, Inc.'s demurrer to the complaint is OVERRULED as to the first cause of action, and SUSTAINED with leave to amend as to the second, third, and fourth causes of action. Defendant Real Estate Ebroker, Inc.'s motion to strike as to paragraph 24 of t...

Excerpt: ...GRANTS the motion and stays the action in its entirety. A post‐arbitration status conference is set in 8 months, on _________________________. Discussion This is a lemon law case. On November 5, 2019, Plaintiff Maryam Ershadi filed this action against Defendants BMW of North America, LLC (“BMW”) and South Bay BMW (“South Bay”), [1] alleging two causes of action under the Song‐Beverly Consumer Warranty Act (aka lemon law): (1) breach o...

Excerpt: ...sion on last page.) Discussion Plaintiff Yareli Adan filed this action against Defendant Bella + Canvas, LLC (“BELLA”), a clothing manufacturer and distributor, and Defendant BARONHR WEST, Inc. (“BARONHR”), an employment agency, alleging various FEHA violation claims: C/A 1: Discrimination in Violation of Gov't Code §§12940, et. seq. C/A 2: Retaliation in Violation of Gov't Code §§12940, et. seq. C/A 3: Failure to Prevent Discriminati...

Excerpt: ...dural background Plaintiffs Brad Hines and Lisa Hines (“Plaintiffs”) own real property in Los Angeles. Defendants Surfaces U.S.A. (“Surfaces”) is a licensed contractor, Surfaces SCV Design Center (“SCV Design”) is allegedly unlicensed, and the Veale Family Tradition, Inc. (“Veale”) is a subcontractor who performed construction activities on Plaintiff's home (collectively, the “Defendants”). Plaintiffs allege that Defendants an...

Excerpt: ...enth causes of action against him are SUSTAINED WITH LEAVE TO AMEND. Plaintiffs shall file and serve a First Amended Complaint no later than July 21, 2020. Defendant Hocker's unopposed motion to sever is DENIED WITHOUT PREJUDICE as moot in light of the ruling on Hocker's demurrer. Discussion A. Complaint/Procedural History In August 2014, Plaintiffs Cesar A. Bon and Irma Ramirez entered into a verbal lease agreement with Defendant Azher Malik, th...

Excerpt: ...y judgment is GRANTED. Plaintiff has failed to state a prima facie case for each cause of action as set forth herein. Plaintiff's request that the court not consider the motion as exceeding the page limit is DENIED. Factual and procedural background A. Complaint/Allegations On 11/5/18 Plaintiff Rosemarie Bernal filed this action under the Fair Employment and Housing Act (“FEHA”) and the California Family Rights Act (“CFRA”) against Defend...

Excerpt: ...er case should be dismissed, and whether with or without prejudice. Discussion 1. The Complaint Plaintiff State Farm Mutual Automobile Insurance Company filed this action on October 25, 2019 seeking declaratory relief against insureds and the persons that insureds allegedly struck in an automobile accident. Defendant (and insured) Arsen Stepanyan purchased an automobile policy from Plaintiff. Defendant Tereza Lelikian was a permissive driver unde...

Excerpt: ...tion for CFRA retaliation, which is sustained. Hear argument, including whether leave to amend is appropriate as to the fourth cause of action. Discussion Factual and procedural background On November 25, 2019, Plaintiff Fred Dailey filed this action against Defendant Los Angeles Unified School District (“LAUSD”), alleging the following causes of action: C/A 1: for Discrimination in Violation of FEHA (Gov't Code §§ 12940 et seq) C/A 2: for ...

Excerpt: ...he FLSA/NLRA issue in the Released Claims language in the Agreement, as indicated in the discussion below. Thereafter, GRANT Preliminary Approval, as follows: (1) The settlement appears to be in the range of reasonableness of a settlement that could ultimately be granted final approval by the Court; (2) Grant conditional class certification; (3) Appoint Protection Law Group and, LLP and Lawyers for Justice, PC as Class Counsel; (4) Appoint Plaint...

Excerpt: ...hibits from the Moreno trial as itemized and described in the motion and personnel records in the files of Spagnoli, Dowling, and Shen which concern race discrimination complaints. All other requests are denied for lack of good cause. Discussion A. Complaint/Procedural History In a now‐consolidated action, Hayes and two other plaintiffs, Johnson, and Routt have sued the City of Beverly Hills for race discrimination in their employment with the ...

Excerpt: ... below. The demurrer to the 1 st, 2 nd, 3 rd, 6 th, and 9th causes of action is SUSTAINED with leave to amend. The motion to strike is GRANTED in part and denied in part, as follows: The court strikes each of the sections that Defendants request EXCEPT the following:  Paragraph 4, pg. 1, line 17, "intentionally";  Paragraph 6, pg. 3, line 4, "intentionally";  Paragraph 7, pg. 3, line 8 "intentionally";  Paragraph 9, pg. 3, lines 23‐...

Excerpt: ...r on grounds of uncertainty is OVERRULED except as noted below. The demurrer to the 3rd through 13th causes of action is SUSTAINED with leave to amend. The motion to strike is GRANTED in part and denied in part, as follows: 1. “Irrelevant material:” a. Deny as to Paragraphs 3 and 38 (regarding habitability statutory provisions); b. Grant as to Paragraphs 21‐21 (regarding alter ego allegations) with leave to amend; c. Grant as to Paragraphs ...

Excerpt: ...N OF DOCUMENTS, SET ONE (filed 11/7/19) TENTATIVE RULING 1. MOTION TO COMPEL DEFENDANT'S FURTHER RESPONSE TO PLAINTIFF'S SPECIAL INTERROGATORY NO. 1 Defendant's objections to special interrogatory no. (SROG 1) are OVERRULED. The motion is GRANTED, as follows. Belaire‐West notice procedure. The court recognizes the important privacy rights of putative aggrieved employees in PAGA only actions. The parties therefore shall use the procedure describ...

Excerpt: ..., in the alternative, for summary adjudication (filed 12/27/19) [1] TENTATIVE RULING Defendant SCPMG's motion for summary judgment (MSJ) is DENIED. Defendant SCPMG's motion for summary adjudication (MSA) is GRANTED as to Issues 1, 2, 5 and 6 and GRANTED IN PART as to issues 12 and 13 (sex and gender discrimination and related retaliation). Plaintiff has failed to raise triable issues of material fact and some of plaintiff's claims are barred by t...

Excerpt: ...ns are OVERRULED in their entirety. Defendant's motion for summary judgment or, in the alternative, summary adjudication, is DENIED as to each cause of action. NOTE TO COUNSEL: On 3/19/20, the courthouse will be closed to the public, but you may still appear by CourtCall. If a court reporter will be present for the hearing, the hearing will need to be continued to a date after 4/16/20 in compliance with the Presiding Judge's Administrative Order,...

Excerpt: ...pproval of the Parties' PAGA Settlement is GRANTED. Plaintiffs shall lodge updated electronic versions of the proposed Order and Judgment for the court's review. The court will set a return date in 8 months for the administrator's final report: __________________, 2020. Discussion On March 14, 2019, Plaintiffs Diana Moreno and Jennifer Bencangey filed this action against Defendant Sephora USA, Inc. on behalf of the State of California and other a...

Excerpt: ...ps, APLC) DEFENDANT'S MOTION TO BE RELIEVED OF WAIVER OF OBJECTIONS UNDER CCP § 2031.300 (filed 2/7/20) TENTATIVE RULING Defendant's motion to be relieved of waiver of discovery objections is DENIED. Plaintiff's request for $8,092 in monetary sanctions pursuant to Code of Civil Procedure section 2031.300 is DENIED. Plaintiff's request for monetary sanctions pursuant to Code of Civil Procedure section 1008 is DENIED. Discussion On February 7, 202...

Excerpt: ... to Transfer Venue is GRANTED. All transfer fees shall be borne by Plaintiffs. Discussion Factual and procedural background On 9/20/19, plaintiff Arda Textile USA, Inc. (Arda) and plaintiff Cem Bmalki (Bmalki), collectively, Plaintiffs, filed this action against defendant Michel Himy (Himy), and defendant International Laundry, LLC (IL), collectively, Defendants, alleging breach of fiduciary duty; IIED; and involuntary dissolution of IL. Plaintif...

Excerpt: ... the motion to strike on that basis is DENIED. 2. The demurrer to the cross‐complaint is SUSTAINED. See instructions/order below re leave to amend. Discussion Cross‐defendant's request for judicial notice: Grant. Motion to strike Cross‐defendant moves to strike the cross‐complaint because it was untimely filed without leave of court, two days after the answer to the complaint. The cross‐complaint is compulsory because the claims arise o...

Excerpt: ... considered, overruled. Defendant's motion for summary judgment or, alternatively, summary adjudication, is DENIED. Triable issues of material fact exist as noted herein. Discussion Factual and procedural background Plaintiff sues Defendant USC alleging breach of an oral agreement that gave Plaintiff an irrevocable license and right to continue to renew USC football season tickets, commencing in 1986, as long as Plaintiff renewed every year and U...

Excerpt: ...eptions noted below. The court will make the necessary changes on the lodged Judgment that Plaintiff has submitted, no appearance is necessary. Plaintiff is only entitled to: DAMAGES REQUESTED: $44,200.00 $33,500.00 INTEREST: $10,050.00 COSTS: $595.00 ATTORNEY FEES: TOTAL: $44,145.00 Factual background: On August 16, 2019, Plaintiff Grace K. An (“Plaintiff”) filed this lawsuit in pro per against Defendants Sang Don Han and Eui Ae Han (collect...