Excerpt: ...plis LLC, Ernie Gallardo, Anaiz Delgado, and Ethan Heckman for discrimination, harassment, and wrongful termination due to Plaintiff's age, disability, and veteran status. Prior to filing this action, Plaintiff filed an administrative complaint with the Department of Fair employment and Housing. On September 14, 2018, Plaintiff received a right to sue notice. (Compl., ¶ 20.) On October 9, 2018, Plaintiff filed this lawsuit for: C/A 1: Against Ex...

Excerpt: ...d-alone original version of the pleading. Summary of Case Plaintiffs Min H. Lee and John Yoo (“Plaintiffs”) sue Defendants Azam Samikh (“Samikh”), Bijan Soleymani (“Soleymani”), Armando Aguirre (“Aguirre”), and Tradewinds Investment & Development, Inc. dba Legendary Commercial Real Estate (“Tradewinds”) (collectively “Defendants”) for fraud related to leasing commercial real estate property. Plaintiffs operate a dental off...

Excerpt: ... to review in court before the hearing. ******* 4/25/19 Dept. 73 Rafael Ongkeko, Judge presiding SHAUNA CHAPPELL v. CEDARS SINAI MEDICAL CENTER, et al. (18STCV02059) Counsel for plaintiff/opposing party: Jackie Abellada (Estelle, etc.) Counsel for defendant/moving party Ronald Lang, M.D.: Jamie Mason (Doyle, etc.) DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT; MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES (filed 4/3/19) TENTATIVE RULING Defendan...

Excerpt: ... review in court before the hearing. ************* 4/19/19 Dept. 73 Rafael Ongkeko, Judge presiding GEMCAP LENDING I, LLC v. MICHAELIAN & KOHLBERG, INC. (BC713930) PLAINTIFF GEMCAP'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT (1st request rec'd 3/11/19) TENTATIVE RULING Plaintiff's request for entry of default is DENIED without prejudice to a re-submission. The OSC is continued to _______________, 2019. DISCUSSION Factual and procedural background Pla...

Excerpt: ... to review in court before the hearing. ******* 4/5/19 Dept. 73 Rafael Ongkeko, Judge presiding MAYRA ALEJANDRA SILVA v. JULIO RAFAEL SALAZAR (18STCV08596) PLAINTIFF'S APPLICATION FOR INTERLOCUTORY JUDGMENT / PARTITION BY SALE (filed 3/14/19) TENTATIVE RULING Plaintiff's application for interlocutory judgment is DENIED for the following reasons: (1) Plaintiff's complaint failed to join Wells Fargo as a Defendant; (2) Plaintiff did not record a No...

Excerpt: ... to review in court before the hearing. ******* 4/5/19 Dept. 73 Rafael Ongkeko, Judge presiding KENT CHEVLI v. 1665 Main Street Group LLC, et al. (19STCV02817) Counsel for plaintiff: David Farkas (DLA Piper) Counsel for defendants: Michael McClellan; Jack Rubin; Carl Gregory (Newmeyer & Dillion) Matters: 1. Applications for pro hac vice admission (filed 2/25/19; cont. from 3/21/19)) 2. Special motion to strike portions of plaintiff's complaint un...

Excerpt: ... review in court before the hearing. ******* 4/4/19 Dept. 73 Rafael Ongkeko, Judge presiding LANDEN BARRETTE, a minor by and through his Guardian ad Litem ANNA BARRETTE, et al. v. BLUE SHIELD OF CALIFORNIA (BC697564) Counsel for plaintiffs: Scott Glovsky; Ari Dybnis (L.O. Glovsky) Counsel for defendant Blue Shield of California: Gregory Pimstone; John Fogarty; Sarah Gettings (Manatt, etc.) MATTERS: 1. DEFENDANT'S MOTION TO SEAL CERTAIN DOCUMENTS ...

Excerpt: ... to review in court before the hearing. 4/3/19 Dept. 73 Rafael Ongkeko, Judge presiding SUNPOWER NORTH AMERICA LLC v. SOLAR OPTIMUM INC dba SOLAR OPTIMUM DESIGN AND ELECTRICAL (18STCV08303) Counsel for plaintiff/opposing party: Wayne Terry; Christopher Crowell (Hemar, etc.) Counsel for defendant/moving party: Michael Baker; Jonathan Sutton (Snell, etc.) DEFENDANT'S DEMURRER TO COMPLAINT (filed 2/1/19) TENTATIVE RULING Defendant's demurrer to the ...

Excerpt: ... review in court before the hearing. ******* 4/3/19 Dept. 73 Rafael Ongkeko, Judge presiding JOSEPH SHEPLER v. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY (BC705095) Counsel for plaintiff: Dustin Collier; V. Joshua Socks (Collier Law Firm); Ryan Saba; Tyler Vanderpool (Rosen Saba) Counsel for defendant: Elizabeth McNulty; Christine Diaz Reynolds (Taylor Anderson) PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT (filed 3/6/1...

Excerpt: ...s facts sufficient to constitute a conversion cause of action. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the en...

Excerpt: ...AMERICA N.A.'S DEMURRER TO THE FIRST AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FAC (filed 3/6/19) TENTATIVE RULING Defendant's request for judicial notice is GRANTED as to Exhibits A-C. Defendant's request is DENIED as to Exhibit D. (Even if granted, the results would be the same.) Defendant's demurrer to the declaratory relief cause of action is OVERRULED. Defendant's motion to strike is DENIED. Defendant BANA shall file and se...

Excerpt: ...he fourth cause of action for conversion is OVERRULED. Richie's answer shall be filed and served no later than 4/8/19. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citat...

Excerpt: ... review in court before the hearing. ******* 3/22/19 Dept. 73 Rafael Ongkeko, Judge presiding DANNY RUIZ AGUILAR v. DIGNITY HEALTH dba CAL. HOSP. MED. CENTER; et al. (BC712630) Demurrers (6) and Motions to Strike (3) re First Amended Complaint: DEMURRER AND MOTION TO STRIKE (filed 11.20.18 & 01.25.19) (Defendant Dignity Health dba California Hospital Medical Center) DEMURRER AND MOTION TO STRIKE (filed 11.20.18 & 02.11.19) (Defendant Michelle Hen...

Excerpt: ...ial discovery of Defendant's net worth is DENIED without prejudice. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at t...

Excerpt: ...her): Russell R. Arens; Richard E. Nusbaum (Law Office of Russell R. Arens) MATTERS (in order of earliest filing date): 1. SPECIAL MOTIONS TO STRIKE (CCP § 425.16) (as to original complaint) (filed 11/5/18 and 11/8/18; hearings 1/2/19 and 1/3/19, cont. by stip. to 2/13/19; cont. by court to 3/15/19 and 3/18/19) Moving parties: Defendants David Cooley and Todd Barnes [Note: Other than an erroneous reference to a non-existent declaration of Benjam...

Excerpt: ... than March 22, 2019. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes or tables (none here), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be ...

Excerpt: ... RULING Plaintiff's evidentiary objections are OVERRULED. Defendants' motion to compel arbitration is GRANTED. Plaintiff's request to present oral testimony is DENIED. Except as ordered herein, all future dates are vacated and the case is stayed pending completion of arbitration. The court sets an Order to Show Cause why the case should not be dismissed on the ground that all disputes will have been resolved in arbitration, with the court retaini...

Excerpt: ...For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes/tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the parties to review ...

Excerpt: ...nts shall file and serve their answer(s) no later than March 18, 2019. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes and tables (here, none), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the te...

Excerpt: ... of motion for one or more of the following purposes . . . (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” Defendants here argue that service was improperly made upon them. The proofs of service filed on December 24, 2018, state that all Defendants were served on December 13, 2018, by substitute servce at an address on Monte Mar Drive in Los Angeles, and that documents were left with “Anna ...

Excerpt: ...N (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none), tables (here, one), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the pa...

Excerpt: ...Y ACTION PENDING ARBITRATION (filed 1/23/19) TENTATIVE RULING All matters are CONTINUED to March 29, 2019 (Defendant's reserved hearing date for its motion for an order to compel arbitration). On the same date, March 29, 2019, the court sets an Order to Show Cause why USC should not be joined as an indispensable defendant in this action (CCP § 389). The parties are instructed to file a joint statement on the issue by 3/22/19. In light of the oth...

Excerpt: ...e continued hearing date is _____________, 2019. Defendant shall file a status report five calendar days before that date. DISCUSSION Case No. BC708535 – Class Action Lawsuit Currently Not Related In an earlier case filed on June 6, 2018, plaintiff here, Angel Contreras-Teo, filed a class action against defendant here, Golden State Food Corps, Case. No. BC708535, alleging causes of action for: (1) failure to provide meal periods; (2) failure to...

Excerpt: ...ATIVE RULING Defendants' motion for attorneys' fees is GRANTED, but reduced to $127,112. The clerk shall insert the amount awarded into the judgment. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none), tables (here, two), boldface, italics, or the underscori...

Excerpt: ... Center, LLC TENTATIVE RULING Plaintiff's motion to compel further responses to Form Interrogatories, General, Set 1, is GRANTED as to interrogatory 15.1. Plaintiff's motion is DENIED as to interrogatories 12.1-12.3. Requests for sanctions are granted in the amount of $1,750 payable by each party to the other. Discussion On June 11, 2018, Plaintiff propounded Form Interrogatories, Set 1, on Defendant. After Plaintiff provided two extensions, Defe...