Excerpt: ...nst Defendants Leible, Miretsky & Mosely, LLP (erroneously sued as “The Law Office of Leible, Meretsky & Mosely, LLC”) (“Firm”), Michael Miretsky (“Miretsky”), and Carlyn Blake (“Blake”). The action was listed as a personal injury action and initially assigned to Department 30 of the Personal Injury Hub Court presided by the Honorable Jill Feeney. (Notice of Assignment dated September 8, 2022.) On October 31, 2022, Defendants coll...

Excerpt: ...mplaint alleging three causes of action against the following defendants: Southern California Permanente Medical Group (SCPMG), Cheryl Surma, Michael Zackos, Marla Hunt, Wilber Jones, and Xavier Edwards (collectively, Defendants). On May 9, 2023, a motion to dismiss filed by Defendants was granted in part and Plaintiff was ordered to post a security of $10,000.00 pursuant to Civ. Code § 391.3 in light of the determination by the Court that Plain...

Excerpt: ...defendant Kia Motors America, Inc. (“Defendant”). The FAC asserted six causes of action for (1) Violation of Subdivision (D) of Civil Code Section 1793.2; (2) Violation of Subdivision (B) of Civil Code Section 1793.2; (3) Violation of Subdivision (A)(3) of Civil Code Section 1793.2; (4) Breach of Express Written Warranty; (5) Breach of the Implied Warranty of Merchantability; and (6) Fraud by Omission. On June 1, 2023, at the conclusion of a ...

Excerpt: ...nt action against Les Cohen, individually and as a Trustee of The Cohen Living Trust dated January 17, 2018 (“Cohen”); David Daneshrad, Esq.; Assaf Cohen, Esq., aka Jay Cohen; and Cohen and Daneshrad, LLP. The complaint asserts nine causes of action, five of which are alleged against Cohen: (a) the first cause of action for “fraud, deceit and concealment”; (b) the second cause of action for “fraud and deceit-for rescission and restituti...

Excerpt: ...ities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite being unable to conform the vehicle to the express warranties after a reasonable amount of ti...

Excerpt: ...DOCUMENTS Procedural Background On June 4, 2020, Plaintiff Clark & Trevithick (“Plaintiff”) filed the instant conversion action. On February 4, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) conversion action against defendants James Glen Jasper; Brandon J. Jasper; Nicholas J. Jasper; Haley N. Sanderlin; Brizo Dressing, LLC; JTL Jasper Logistics, LLC; and Vivian Jasper. The FAC alleges six causes of action for: (1) Co...

Excerpt: ...ity Integration, LLC, and Prosegur EAS USA, LLC, RESPONDING PARTY: Plaintiff Edward Newman The Court considered the moving, opposition and reply papers. BACKGROUND On May 25, 2023, plaintiff Edward Newman (“Plaintiff”), commenced this action against defendants Prosegur Security USA, Inc., Joshua Letourneau, Ty Stafford, Dave Schiller, Kelly Mucray, Prosegur Security Monitoring, Inc., Prosegur Security Integration, LL C, Prosegur EAS USA, LLC,...

Excerpt: ...ha Bain, and Raydell Latrent Patterson (collectively “Plaintiffs”) filed a breach of habitability action against Defendants 5505 Ackerfield Apts LLC (“Ackerfield”), AJJ2020 LLC (“AJJ20202”), Masuda Investments LLC (“Masuda”), asserting four causes of action for (1) Failure to Provide Habitable Dwelling, (2) Breach of the Covenant and Right to Quiet Enjoyment and Possession of the Property, (3) Nuisance, and (4) Negligence. On Nove...

Excerpt: ..., 2023, Kasra Shayan aka Sina Masoumi (“Plaintiff”) filed the operative Complaint against Ahmadreza Rastegarrazi (“Rastegarrazi”), Mehre Iran Today (“Mehre”), Ahmadreza Rastegarrazi, Dani Gonzalez, and Optima Financial Ventures Inc. (“Optima”), asserting four causes of action for: (1) Breach of Contract; (2) Fraud; (3) Misrepresentation; (4) Negligent Misrepresentation; and (5) Unjust Enrichment. On November 29, 2023, Plaintiff fi...

Excerpt: ...IATES'S MOTION TO ENFORCE THE SETTLEMENT AGREEMENT Background On January 14, 2021, plaintiff National Commercial Recovery, Inc., a California corporation d/b/a Blair Smith and Associates (“Plaintiff”) filed the action against defendants Jem Logistics Services Ltd, Inc., a California corporation; Jem Logistics Services Transport, a California corporation; Julie Maske a/k/a Julie Michelle Maske a/k/a Julie Georgescu, an individual; Nicolas Geor...

Excerpt: ... On May 25, 2023, Plaintiff Samuel Castorena (“Plaintiff”) filed the instant products liability action against Defendants Quinn Company (“Quinn”), Kubota Corporation, Kubota Northa America Corporation, Kubota Tractor Corporation, and Kubota Manufacturing of America Corporation (collectively “Defendants”). The complaint asserts four causes of action for (1) Strict Products Liability, (2) Negligence, (3) Breach of Express Warranty of Me...

Excerpt: ...ic Connector, Inc. (“Defendant”) and DOES 1 through 20, inclusive, alleging twelve causes of action for, among other claims, discrimination, retaliation , and failure to prevent discrimination and retaliation. The Complaint arises from Plaintiff's termination from employment after being placed on medical leave due to her pregnancy. Plaintiff alleges she was wrongfully terminated, among other claims. On October 6, 2023, Defendant filed an Answ...

Excerpt: ...Baker”) and Stampede Way, LLC (“SW”) (jointly “Plaintiffs”) filed the instant legal malpractice and fraud action. On November 5, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Darrell Avis, InterSwiss Holdings Group, LLC, Swiss Management Group, LTD., Klueger & Stein, LLP, Jacob Stein, SwissGuard International, GMBH, SwissTrust International Inc., and SMG SwissTrust Holdings SA. On March 10,...

Excerpt: ... Background On March 25, 2024, Plaintiff Kristina Holman (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars- Sinai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asserting eleven ...

Excerpt: ...Alvarino Yaya (“Plaintiff”) filed the operative Complaint against Defendant Quest Diagnostics Incorporated, erroneously sued as Quest Diagnostics Clinical Laboratories, Inc. (“Defendant”) and DOES 1 -50, inclusive, asserting a cause of action for Civil Penalties under the Private Attorneys General Act (“PAGA”). On March 14, 2024, Defendant filed this instant motion for judgment on the pleadings. On March 26, 2024, Plaintiff filed his ...

Excerpt: ...ion against Defendants Kambiz Zarnegar, 21st Santa Monica Investments, LLC, and “All Persons Unknown, Claiming Any Legal Or Equitable Right, Tit le, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiffs' Title, Or Any Cloud Upon Plaintiffs' Title Thereto,” alleging (1) Fraud; (2) Breach of Fiduciary Duty; (3) Constructive/Resulting Trust; (4) Accounting; (5) Negligence; (6) Violation of California Business...

Excerpt: ...filed the instant action to involuntarily dissolve Defendant Clark Drive Homeowners Association (“Defendant” or “HOA”). On May 4, 2023, default was entered against Defendant. On February 1, 2024, the Court vacated the default entered against Defendant. On March 14, 2024, Plaintiff filed the instant motion for production or inspection of documents and motion to compel mandatory special meeting. On March 26, 2024, Defendant filed an opposit...

Excerpt: ....D., Airlux Aircraft, Inc., and LG Aviation Inc. (“Defendants”) asserting three causes of action: (1) Breach of Contract, (2) Quantum Meruit, and (3) Express and Implied Indemnity. On January 5, 2024, Defendant LG Aviation Inc. (“LG Aviation”) filed the instant demurrer to the complaint. On February 13, 2024, LG Aviation filed a notice of non-opposition to demurrer to the complaint. As of April 3, 2024, no opposition has been filed. Alleg...

Excerpt: ...neral Motors LLC (“Defendant”) arising out of the purchase of a Certified Pre -Owned 2013 Chevrolet Cruze. On August 18, 2021, Plaintiffs filed the operative First Amended Complaint (“FAC”) against Defendant. The FAC asserts six causes of action for (1) Violation of Civil Code § 1793.2(d); (2) Violation of Civil Code § 1793.2(b); (3) Violation of Civil Code § 1793.2(a)(3); (4) Breach of Express Written Warranty; (5) Breach of the Impli...

Excerpt: ... TO TAX COSTS Procedural Background On February 19, 2016, Plaintiff Robert Scott Shtofman ("Plaintiff") filed this case. On June 24, 2021, Plaintiff entered into a Settlement Agreement with Defendant Arch Insurance Group, Inc. The Settlement Agreement provided that Plaintiff was to and did r eceive a gross amount of $103,000 from Defendant Arch Insurance Group, Inc. On October 19, 2022, trial began with the remaining Defendants. On Novemb...

Excerpt: ...dant Avo Ovasapyan (“Defendant”). Plaintiff alleged three causes of action for (1) Breach of Contract, (2) Un fair Business Practices in Violation of Business and Professions Code § 17200, and (3) Fraud – Civil Code § 1710(4). On September 29, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant alleging an additional fourth cause of action for (4) Violation of Penal Code § 350 Selling Counterfeit Goods. On Octob...

Excerpt: ... action against Geoffrey H. Palmer, Geoffrey H. Palmer dba GH Palmer Associates, Palmer Temple Street Properties, LLC, and Palmer Temple Street Properties (collectively “Palmer”) seeking damages Plaintiff sustained when an arson at Palmer's large-construction site led to fire, heat, smoke, ashes, debris; damage to, inhabitability of, and closure of Palmer's law offices; and interference with Plaintiff's business relations. On February 23, 202...

Excerpt: ...Plaintiff alleges the vehicle was delivered to Plaintiff with serious defects and nonconformities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite b...

Excerpt: ...fies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Arie Waisbard (“Plaintiff”) and Warawut Pongpradit bring this action against Mariane Mufta Bilolo (�...

Excerpt: ... a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Wayan Palmieri and Natalia Palmieri (“Plaintiffs”) bring this action against Equity ...

Excerpt: ... “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: On June 24, 2020, Jessica Stein (“Plaintiff”) brought this action against SC26 III, LL...

Excerpt: ... a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Yolanda Cooper (“Yolanda”) and Paul Cooper (collectively “Plaintiffs”) bring thi...

Excerpt: ...l other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Nora Bekerian (“Plaintiff”) brings this action against Private Money Lenders, Inc. (“Private”), Charles...

Excerpt: ...r parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Yuqin Liu (“Plaintiff”) brings this action against Beverly Hills New Life Medical Group, LLC (“Defendant”). P...

Excerpt: ...s a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Anthony Mark and Angelino Sebastian Mark, by and through his guardian ad litem Jocelle ...

Excerpt: ...rty notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Bake Code 1001 Inc. (“Bake Code”) and Sam Leung (“Leung”) (collectively “Plaintiffs”...

Excerpt: ...ll be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: Wayneider Singh Anand (“Plaintiff”) brings this action agains...

Excerpt: ...cellation of instruments, and (3) declaratory/injunctive relief. Plaintiff alleges the title to her property was improperly used by her son, who has no ownership interest in that property, to secure a loan. Plaintiff's son subsequently defaulted on the loan and Defendants have issued a notice of non-judicial foreclosure. Plaintiff now moves for a preliminary injunction. Jainclan opposes the motion. ANALYSIS: I. LEGAL STANDARD The purpose of a pre...

Excerpt: ...other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: American Express National Bank (“American Express”) brings this action against Aluyah Imoisili (“Defendant�...

Excerpt: ...er parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Anthony Lavigne (“Plaintiff”) brings this action against Avalon Bay Communities Inc. (“Defendant”) in relati...

Excerpt: ...d the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. ALLEGATIONS: Jean Aintablian (“Plaintiff”) brings this action, individually and as successor in interest to Sera Aintablian (“Decedent�...

Excerpt: ... parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: Ze Yu Bei aka Kevin Bei, a minor, through his guardian ad litem, Tian Le Bei (“Plaintiff”) filed suit against Arc...

Excerpt: ... be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: On August 25, 2023, KB Ventura Partners I, LLC (“Plaintiff”) br...

Excerpt: ... directs argument in the Tentative Ruling, no argument will be permitted unless a “party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260- 8412. ALLEGATIONS: Erma L. ...

Excerpt: ...t; Sexual Battety (Civ. Code 5 1708.5); Retaliation (Gov. Code S 12940.) Gender Discrimination; Constructive Wrongful Termination in Violation of Public Policy, Failure to Prevent Sexual Harassment and Discrimination; Violation of Ralph Civil Rights Act; Violation of the Bane Civil Rights Act; Negligent Hiring, Retention, and Supervision; 10)Intentional Infliction of Emotional Distress; 11)N egligent Misrepresentation; 12)Unlawful Business Practi...

Excerpt: ...pel 4) Breach of the Implied Covenant of Good Faith and Fair Dealing 5) Declaratoty Relief 6) Constructive Trust 7) Fraud On April 24, 2023, Plaintiff filed a Motion to Quash Subpoena Deuces Tecum Defendants filed opposing papers on May 18, 2023. Plamtiff filed a reply on May 22, 2023. LEGAL STANDARD If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before ...

Excerpt: ...alifornia Civil Code S 1709; (vi) intentional and negligent misrepresentation, concealment and false promise: Califorma Civil Code S 1710; (vii) abridgement of freedom of speech: U.S. Constitution, 1st Amendment; and (viii) denial of equal protection: U.S. Constitution, 14th Amendment S 1; California Constitution, Article I, S 7. Both Defendants, California Unemployment Insurance Appeals Board ("CUIAB") and J.Paul Getty Trust (the "Getty') filed ...

Excerpt: ...Venture Agreement); Breach of Contract (Promissory Note); Breach of Fiduciary Duty, Breach of Implied Covenant of Good Faith and Fair Dealing; Misrepresentation (1); Misrepresentation (2); Concealment; False Promise; Constructive Fraud; 10) Conversion' 11) Common Count (Account Stated); 12) Common Count (Money Had and Receive); 13) Common Count (Money Lent); 14) Violation of the California Uniform Voidable Transactions Act; 15) Aid and Abetting; ...

Excerpt: ... against Arrow Disposal Services, Incu Kirk Tahmizian (collectively "Defendants"), and Does 1 to 20 for: 1) Employment Discrimination Based on Disability and Age in Violation of FEHA (Gov. Code 5129400); 2) Failure to Provide Reasonable Accommodation, Pursuant to Government Code 5129400; 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code 4) Retaliation, Pursuant to Government Code 5512940(h) and 12940...

Excerpt: ... Complaint asserts causes of action for: 1) Quiet Title; and 2) Declaratoty Relief On June 23, 2022, a Notice of Partial Settlement was filed betw•een Mara and Jung Hyun Park and lung Hyun Park as Co-Trustee of the Paulistavwola Living Trust, U/A Dated February 17, 2017. On January 13, 2-23, Defendant/Cross-Complainant Sannette Gite ("Gite"), as Trustee of the Vaughn Family Trust filed a Second Amended Cross-Complamt (SACC) against Plaintiff Ma...

Excerpt: ..., LLC and Does 1 to 25 for. 1) DISABILITY DISCRIMINATION IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET 2) FAILURE TO REASONABLY ACCOMMODATE A DISABILITY IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET 3) FAILURE TO ENGAGE IN A GOOD FAITH INTERACTIVE PROCESS IN VIOLATION OF FEHA GOVERNMENT CODE 5 12940, ET 4) RETALIATION IN VIOLATION OF FEHA - GOVERNMENT CODE S 12940, ET SEQ; 5) FAILURE TO PREVENT DISCRIMINATION AND RETALIATION IN VIOLATIO...

Excerpt: ... issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportumty to be heard, may make an order quashing the subpoena entirely, modi$ing it or directmg compliance with it upon those terms or conditions as the court shall declare, including protective orders. (Code Civ. Proc„ S 1987.1, subd. DISCUSSION ...

Excerpt: ...tting aside fraudulent creation of second hen on real property, and 5) quiet title. Plamtiff moved for leave to amend the complaint on August 18, 2022. The Court granted Plaintiffs motion on September 12, 2022, and on September 30, 2022, Plaintiff amended her complaint On November 8, 2022, Defendant Jose Ontiveros, Jr. ("Defendant') moved to strike Plaintiffs first amended complaint Plaintiff did not oppose or appear. On December 7, 2022, the Cou...

Excerpt: ... 1040 S. Gabriel Blvd. in Pasadena, CA ("Parcel 1"). (Declaration of Peter Chen (Chen Decl.), 3.) Defendant Maziar Yarahmadi owns the property 1046 S. Gabriel Blvd., Pasadena ("Parcel 2"). (Declaration of Maziar Yarahmadl (Yar. Decl.), 3.) Parcel 1 directly abuts San Gabriel BIIÆ. (DRIN, Ex. 6.) Most of Parcel 2 is situated behind Parcel 1 and does not abut the street (Ibid.) But one portion of Parcel 2, used as a driveway, runs along the side o...

Excerpt: ...fects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].) For purposes of ruling on a demurrer, all facts pleaded in a complaint are assumed to be...

Excerpt: ...lerate Capital; and Does 1 to 20 (collectively, "Defendants"). The operative complaint here is the Third Amended Complaint (TAC) which alleges six causes of action: . Breach of Contract Fraud and Deceit: Inducement Fraud and Deceit: Concealment 4. Intentional Misrepresentation Negligent Misrepresentation 6. Unfair, Unlawful and Fraudulent Business Practices Under Section 17200 of California's Business and Professions Code On March 13, 2023, Defen...

Excerpt: ...ation Under the workers' compensation statutes, an employee who suffers an industrial injury may recover compensation benefits from his or her employer without regard to the negligence of either party. (Labor Code S 3600.) With certain specified exceptions, an injured employee's compensation claim against the employer constitutes an exclusive remedy. (SS 3601, 3602.) Where the tort of a third party causes injury to an employee, however, S 3852 pe...

Excerpt: ...party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Permission to file a p...

Excerpt: ... JAMS as well as written discovery. On September 15, 2020, Plaintiff was deposed. BAHCI refused to produce any witnesses for deposition and proceeded to file for Chapter 7 bankruptcy. Since BAHCI refused to pay the arbitrator no further arbitration proceedings took place and this Court granted Plaintiffs motion to remand on May 6, 2021. On October 11, 2022, Plaintiff filed a First Amended Complaint naming Royal Capital Corporation as Doe Speciall...

Excerpt: ...of Civil Code Section (4) Breach of Express Warranw (Civil Code Sections and 1794); and (5) Breach of Implied Warranty of Merchantability (Civil Code Sections 1791.1 and 1794) On March 30, 2022, Plaintiff filed this instant motion. On December 9: 2022, the Court held an Informal Discovety Conference ("IDC')_ The Court noted that the parties resolved most their discovety issues as Defendant has agreed to produce the documents described in the Atta...

Excerpt: ... success of either of the parties, or an interest agamst both, may intervene in the action or proceeding. i An intervention takes place when a third person is permitted to become a party to an action or proceeding betvveen other persons, either by joining the plaintiff in claiming what is sought by the complaint or by uniting with the defendant in resisting the claims of the plaintiff or byLdemandmg anything adversely to both the plaintiff and th...

Excerpt: ...ntract ("RISC") with dealership Nissan of Downtowm LA. On March 9, 2023, Defendant filed this instant motion to compel arbitration and stay proceedings. On April 28, 2023, Plaintiff filed an opposition. On May 4, 2023, Defendant filed a reply. Request for Judicial Notice The parties' Requests for Judicial Notice are both granted. Evidentiary Objections The Court sustains Plaintiffs evidentiary request to Declaration of Jane M. Chung 5, Exhibit 4 ...

Excerpt: ...1 to 100. The Complaint asserts causes of action for: (1) (2) (3) (4) (6) (7) (8) Strict Products Liability; Negligence; Breach of Contract; Breach of the Implied Covenant of Good Faith and Fair Dealing; Declaratoty Relief; Negligent Infliction of Emotional Distress; Violation of California Unfair Competition Law, and Quasi-Contract/Unjust Enrichment On March 6, 2017, the Court granted Defendant U-Haul International, Inc.'s (hereinafter "U- Haul"...

Excerpt: ...bitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. (Banner Entertainment. Inc. v. Superior Couctd1998) 62 CalApp.4th 348, 356-57.)ä "If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an ac...

Excerpt: ...at the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (Code Civ. Proc., S 430.41, subd. The meet and confer requirement has been met. (Mantovani Decl. "2-8.) LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face ofthe pleading under attack or from matters outside the pleadingthat are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "To survive ...

Excerpt: ...on under Section 2025.410, fails to appear for examination, orto proceed with it or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponents attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition noti...

Excerpt: ...days of service of the notice of entry of judgment A defendant may only recover fees and costs related to the motion to strike. (Lafayette Morehouse. Inc. v. Chromcle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383.) This includes fees associated with bringing the motion for fees. (Ketch_y: Moses (2001) 24 Cal.4th 1122, 1141 ("an award of fees may include not only the fees incurred with respect to the underlying claim, but also the fees incurred ...

Excerpt: ... a patient of Robert David Sibley, M.D. ("Defendant"), the owner and operator of Sibley Spine Center. Plaintiff alleges that Defendant made sexual advances toward her during her time as Defendants patient. IVhen Plaintiff rej ected Defendants sexual advances, Plaintiff alleges that Defendant extorted Plaintiff by threatening to "turn in" or "report" Plaintiff as participating in "disability fraud". On October 9, 2020, Plaintiff Antoinette Konkol ...

Excerpt: ... Certified Ally Products Inc. and Does 1 to 50. The Complaint alleged causes of action for. 1) 2) 3) 4) 5) 6) Disability Discrimination; Failure to Engage in a Timely Interactive Process; Failure to Accommodate; Failure to Prevent Discrimination; Violation of California Family Rights Act; and Interference with California Family Rights Act On December 06, 2022, the Court dismissed the action without prejudice due to Plaintiffs failure to prosecute...

Excerpt: ...lt was entered against Defendants Now Plaintiff moves for Default Judgment LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Coun Judgment: and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) int...

Excerpt: ...WFG National Title Insurance Co.; and Does 1 to 50. The operative First Amended Complaint (PAC) asserts causes of action for (1) Partition and Sale of Real Property and (2) Ouster. On October 21, 2022, Defendant filed a Demurrer to Plaintiffs PAC. Plamtiff filed opposing papers on March 29, 2023. On April 27, 2023, Defendant filed a reply. MEET AND CONFER Before filing a demurrer, the demurrmg party is required to meet and confer with the party w...

Excerpt: ...t cause ot action for discrimination, the third cause of action for retaliation in violation ot the FEHA the fourth cause ot action tor racial discrimination, and the cause ot action tor failure to take all reasonable steps to prevent discrimination. Because the County nas tailed to snow that the Plaintiffs did not engage in a protected activity, the Court DENIES the County's request for summary adjudication ot the first, third, fourth, and tittn...

Excerpt: ...on, and Request for Production of Documents is GRANTED BACKGROUND On August 17, 2022, Plaintiff Nicole Fizor filed a Complaint against Defendants Houlihan Lokey Financial Advisors, Inc. ("HLFA"); Mathew Neimann; and Does 1 to 100. The Complaint alleges causes of action for. 1) 2) 3) 4) 5) 6) 7) 8) 9) Disability discrimmation; Disability harassment; Failure to engage in the interactive process; Failure to accommodate disability; Retaliation (Govt ...

Excerpt: ...hoy, and Does 1 to 20. The operative First Amended Complaint ("PAC") alleges causes of action for: 1) 2) 3) 4) 5) 6) 7) 8) 9) Gender Discrimination in violation of FEHA (against Netflix: Inc.); Race Discrimination in violation of FEHA (against Netflix, Inc.); Harassment in violation of FEHA (against all Defendants); Failure to Prevent Discrmination in violation of Government Code S 12940(k) (against Netflix: [nc_); Retaliation in Violation of Gov...

Excerpt: ... 07, 2022, Plaintiffs Vardan Markosyan and Anush Markosyan filed a lemon law action against Defendant General Motors LLC ("GM") and Does 1 to 10. The operative First Amended Complaint (PAC) alleges causes of action for. 1) 2) 3) 4) 5) Violation of Civil Code sections 1793.2(d) under the Song-Beverly Act; Violation of Civil Code sections 1793.2(b) under the Song-Beverly Act; Violation of Civil Code sections 1793.2(a)(3) under the Song-Beverly Act;...

Excerpt: ...llectively "Defendants"), and Does 1 to 20 for: 1) 2) 3) 4) Goods Sold and Delivered; Account Stated; Open Book Account; and On Written Personal Guarantee Against On September 29, 2022, Plaintiff filed a Motion for Summary Judgment or Summary Adjudication, in the alternative. On March 23, 2023, Defendants filed opposing papers. Plamtiff filed a reply on March 29, 2023. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudic...

Excerpt: ... Elliott (1) MOTION FOR PROTECTIVE ORDER AND ORDER SETTING DISCOVERY SEQUENCE AND SANCTIONS AND (2) MOTION TO COMPEL PLAINTIFF/CROSS-DEFENDANT DEPOSITION TENTATIVE RULING 1) 2) Plaintiff s Motion for a Order and Order Setting Discovery Sequence is DENIED. The Court also DENIES Plaintiff s and Defendants: request for sanctions in connection to the Motion for a Protective Order and Order Setting Discovery Sequence. The Coun GRANTS Defendants' Motio...

Excerpt: ...dified to be more limited in scope, as follows: RPD No. 10 "All versions of the Warranty Policies and Procedures Manual published by YOU and provided to YOUR authorized repair facilities regarding vehicles of the same make and model as the subject vehicle withm the state of California effective from Plaintiffs date of purchase of the SUBJECT VEHICLE to the present date." RPD No. 11 "A copy of the Workshop Manual speci$ing diagnosis and repair pro...

Excerpt: ...under the Song-Beverly Warranty Act and Breach of Express Warranty under the Song-Beverly Warranty Act and On November 07, 2022, Defendant GM moved for summary judgment as to the fivo causes of action in Plamtiffs Complaint Plamtiff filed opposing papers on March 07, 2023. No reply has been filed. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication "is to provide courts mth a mechanism to cut through the partie< pl...

Excerpt: ...rebrisky is GRANTED. The Court also GRANTS the Plaintiffs' request for monetary sanctions in the amount of $1,760.00, to be equally divided befiveen each defendant BACKGROUND On December 15, 2020, Global Interactive Enterprises, Inc. and CHWD Ventures, LLC ("Plaintiffs") initiated the present action by filing a Complaint agamst Maybrook Homes, LLC, Hercules Development LLC, and Ezequiel Serebrisky. The operative First Amended Complaint added Vlad...

Excerpt: ...nts' Motion for Summary Judgment or Summary Adjudication in the alternative, is DENIED. BACKGROUND In this action, several sheriffs deputies—Plaintiffs Art Hernandez, Alfred Gonzalez, Benjamin Zaredini, David Casas, Louis Granados, Mario Contreras, Oscar Escobedo, and Ariela Lemus— who were formerly assigned to the East Los Angeles station allege that they were pressured to quit their jobs or leave the station and that they were otherwise har...

Excerpt: ...roperties; and GHP Management Corporation filed a Complaint against Aquatherm, LP ("ALP"); Aetna NA, L.C. ("ANA"); Aquatherm GMBH ("Aquatherm") and Does 1 to 25 for: Breach of Express Warranty; Strict Products Liability - Manufacturing Defect; and Strict Products Liability - Design Defect. Defendants ALP and ANA each filed an answer on August 06, 2021. On April 14, 2022, Defendant Aquatherm filed a Motion to Quash Service of Summons based on lack...

Excerpt: ...TO THOMAS NORRIS TENTATIVE RULING Plamtiffs' Motion to Compel Defendant Thomas Norris' response to Supplemental Interrogatory and Supplemental Request for Production of Documents is GRANTED. Plamtiffs' request for monetary sanctions is GRANTED IN PART in the amount of $1,141.85 against Defendant Thomas Norris. BACKGROUND On March 12, 2021, Plaintiffs 910 Torrance Blvd., LLC, Leslie H. Winner, and Lynda Winner, individually and as trustee of the W...

Excerpt: ...merica, Inc. ("Kia") and Does 1 to 10. The Complaint alleges causes of action for: Violation of the Song-Beverly Act, Breach of Express Warranty; Violation of the Song-Beverly Act, Breach of Implied Warranty; Violation of the Song-Beverly Act S 1793.2; Fraudulent Inducement - Concealment; and Fraudulent Inducement - Intentional Misrepresentation. On November 11, 2021, Defendant moved for summary adjudication of Plaintiffs second, third, foufth, a...

Excerpt: ... 1 to 10. The operative First Amended Complaint (PAC) asserts causes of action for: Violations of Building Standards as outlined in Cal. Civ. Code S 896 Breach of Contract Breach of Express and Implied Warranty F raud Strict Liability On October 07, 2022, Defendants' demurrer to Plaintiffs fourth cause of action for fraud was SUSTAINED WITH LEAVE TO AMEND. On November 28, 2022, Defendants filed a demurrer to Plaintiffs fourth cause of action. Pla...

Excerpt: ...iff's request for further responses to request Nos. 2-4, 8, and 15 is GRANTED. The Court also GRANTS Plaintiff's Motion to Compel Further Responses to Plaintiff's Form Interrogatories No. 3.6(c) background On March 09, 2021, Plaintiff Rod Linsangan filed a this PAGA action against GradaWorld; and Grada CL West Inc.; and Does 1 to 100 for: 1) Failure to allow or pay for meal breaks; 2) Failure to allow or pay for rest breaks; 3) Failure to pay reg...

Excerpt: ...or summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿ (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all...

Excerpt: ...ile a separate statement in compliance with California Rules of Court, rule 3.1350 subdivision (e). BACKGROUND This action arises out of a breach of a commercial lease. On December 09, 2021, Plaintiff Azusa Rowland, LLC filed a Complaint against Fitness Sports Clubs, LLC; Fitness International, LLC (collectively “Defendant” or “Fitness”) and Does 1 to 10. The operative First Amended Complaint (FAC) alleges causes of action for: (1) Breach...

Excerpt: ... Amended Complaint are OVERRULED in their entirety. BACKGROUND On March 13, 2022, Plaintiffs NBZ Investments, LLC; Neda Zaman; and Behzad Zaman filed a Complaint against Calculated Risk Analytics, LLC d/b/a Excelerate Capital; Castle Mortgage Corporation d/b/a Excelerate Capital; and Does 1 to 20.¿¿ The operative Third Amended Complaint (“TAC”) asserts causes of action for: 1) Breach of Contract¿ 2) Fraud and Deceit: Inducement¿ 3) Fraud ...

Excerpt: ...tive Second Amended Complaint (“SAC”). The SAC asserts the sole cause of action for: 1) Tax Credit with Tax Refund. On August 02, 2021, the Court granted Defendant's motion for summary adjudication of Plaintiff's claims for a tax refund for the tax years 2004, 2005, 2006, and 2008. (Min. Or. 08/03/21.) On September 30, 2022, Plaintiff Cynthia Betzler filed a motion for summary judgment. Defendant FTB filed opposing papers on April 05, 2023. P...

Excerpt: ...ipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of those documents is inadequate, or (3) an objection to an interrogatory is without meri...

Excerpt: ...mend to Add Named Representative is GRANTED. (2) Plaintiff's Motion to Compel the Deposition of Defendant's PMQ is GRANTED LEGAL STANDARD I. Leave to Amend Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a) and section 576. California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 3...

Excerpt: ...ice of and request for a sanctions order. BACKGROUND On May 11, 2021, Plaintiff Excel Adjusters Inc. filed this instant action agamst Tigran Petrosyan, Angie Petrosyan, Hripsime Petrosyan, "Tony Y" and Does 1 to 100. The Complaint alleges: 1) 2) 3) 4) Breach of Contract Liable Negligen ce Extortion On January 05, 2023, Defendant Tigran Petrosyan moved for Terminating Sanctions agamst Plaintiff Excel Adjusters. On March 20, 2023 Plaintiff filed a ...

Excerpt: ... a Complamt against Defendant Daejoong Ji and Does 1 to 10 for: 1) 2) 3) 4) 5) Sexual Assault and Battety; Intentional Infliction of Emotional Distress; Hostile Work Environment; Sexual Harassment; and Failure to Pay All Wages Timely Upon Separation. On February 15, 2023, Plaintiff filed this instant Motion to Compel Responses to Special Interrogatories, Set Two, and Request for Sanctions. No opposition or reply has been filed. LEGAL STANDARD VVh...

Excerpt: ...instant action against Defendants Creative Artists Agency, LLC ("CAA"); Andrew Miller; Leah Yerushalalm; and Does 1 to 10. The operative First Amended Complaint (PAC) asserts causes of action for: 1) 2) 3) Breach of Fiduciary DuV and Confidentiality; Breach of Contract; and Breach of Implied Covenant of Good Faith and Fair Dealing. Plamtiff is a professional television writer and was represented by Defendant CAA through Defendants Miller and Yeru...

Excerpt: ...'s Inc., Michelle D. Gass; Louis Bellassani, and Le Dabney, by special appearance filed a Motion to Quash Service of Summons. On February 08 2023, the Court granted Defendants Kohl's Inc.'s Motion for an Order Quashing Service of Summons as to Defendants Kohl's Inc.; Michelle D. Gass, Louis Bellassai, and Le Dabney. On February 24, 2023, Plaintiff filed a Motion for Reconsideration of the February 08, 2023 Order. The Motion is now before the Cour...

Excerpt: ...lity and Age in Violation of FEHA (Gov. Code §12940(a)); 2) Failure to Provide Reasonable Accommodation, Pursuant to Government Code §12940(m); 3) Failure to Engage in a Timely and Good Faith Interactive Process, Pursuant to Government Code §12940(n); 4) Retaliation, Pursuant to Government Code §§12940(h) and 12940(m); 5) Failure to Prevent Discrimination and Retaliation, Pursuant to Government Code §12940(k); 6) Harassment in Violation of ...

Excerpt: ...12940(a); 2) Race Discrimination in Violation of Government Code § 12940(a); 3) Harassment in Violation of Government Code §§ 12923 and 12940(j); 4) Violation of Government Code § 12940(k); 5) Violation of Government Code § 12940(h); 6) Retaliation in Violation of Labor Code § 1102.5; 7) Violation of Labor Code §§ 1197.5, 1194.5; 8) Wrongful Termination in Violation of Public Policy; 9) Defamation; and 10) Intentional Infliction of Emotio...

Excerpt: ...alifornia Permanente Medical Group; Kaiser Foundation Health Plaint; and Does 1 to 200 for: 1) Elder Abuse; 2) Negligence; and 3) Violation of Residents' Rights. On February 24, 2023, the Court granted Defendant Beverly Hills Rehabilitation Centre's Motion to Compel Arbitration and Stay Proceedings. (Min. Or. 02/24/23.) On October 11, 2022, Defendants Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Hospitals; and Southern California Perman...

Excerpt: ...laintiff filed a Complaint on September 28, 2020 against Force 12 Training Center and the City of Los Angeles. Defendant City of Los Angeles (“Defendant”) filed the instant Demurrer and Motion to Dismiss (“Demurrer”) on February 7, 2023. To date, the Court has not received opposition papers from Plaintiff. Opposition papers were due on March 1, 2023. Defendant filed reply papers on March 3, 2023. The instant Demurrer is unopposed. Request...

Excerpt: ...58, 261, 263, 266-274, 277-329, 331-336, 338-342, 344- 359, 361-366, 368-395, 397-399-401-403, 405-415, 417-423, 425-427, 429-456, 458-482, and 484-514. The Court orders the stricken portions be refiled to comport with Code of Civil Procedure section 437c subdivision (b)(1) and California Rules of Court, rule 3.1350 subdivision (e), no later than April 7, 2023. Defendants may file a response to the Separate Statement no later than April 17, 2023....

Excerpt: ... Intentional Infliction of Emotional Distress (against Does 1-20) On August 31, 2022, the demurrer to Plaintiff's First Amended Complaint was SUSTAINED WITH LEAVE TO AMEND. On December 02, 2022, Defendant Nowhere Partners, LLC filed a demurrer without a motion to strike Plaintiff's SAC. Plaintiff filed opposing papers on February 21, 2022. MEET AND CONFER Before filing a demurrer, the demurring party is required to meet and confer with the party ...

Excerpt: ...0, et seq.); 4) Negligent Supervision and Retention; 5) Wrongful Constructive Termination in Violation of Public Policy; and 6) 6. Failure to Pay All Wages Earned Upon Discharge (Labor Code §§ 201-203). On September 13, 2022, Plaintiff filed three motions to compel the deposition of Karen Kelly, Robert Canizalez, and Travis Kelly and monetary sanctions. On September 13, 2022, Plaintiff filed a motion to compel further responses to Defendant Rob...

Excerpt: ...f action for: 1) Discrimination based on Race in violation of Civil Rights, 2) Trespass to Property; 3) Invasion and Intrusion of Privacy and Private Affairs; and 4) Intentional Infliction of Emotional Distress. On October 07, 2022, Plaintiff and Defendant City of Burbank entered into a joint stipulation to dismiss the City of Burbank as a Defendant. On October 06, 2022, Defendant County of Los Angeles filed a demurrer without a motion to strike ...

Excerpt: ...Inc. only is GRANTED WITH 30 DAYS LEAVE TO AMEND and DENIED as to Defendant Stephen B. Clark. BACKGROUND On November 4, 2019, Plaintiff David Phillips filed the instant action against Defendants Charles Joseph Vaillancourt (“Charles”); Patrick D. Vaillancourt (“Patrick”); Vaillancourt Development; Westward; Stephen B. Clark aka Steve Clark; Compass California, Inc. (“Compass”); and Does 1 through 50. The Complaint asserts causes of ac...