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: ... 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: ...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: ...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: ... operative First Amended Complaint alleges causes of action for: 1) Violation of Song-Beverly Act, Breach of Express Warranty; 2) Violation of the Song-Beverly Act, Breach of Implied Warranty; 3) Fraudulent Inducement – Concealment; and 4) Fraudulent Inducement- Misrepresentation. On November 04, 2022, Plaintiff filed this instant motion to Compel the Deposition Attendance of Kia's Person Most knowledgeable and Custodian of Records. Defendant f...

Excerpt: ... 4) to set aside fraudulent creation of second lien on real property; and 5) quiet title. On November 08, 2022, Defendant Jose Ontiveros, Jr. filed a demurrer and a motion to strike Plaintiff's First Amended Complaint. On December 07, 2022, this Court granted Defendant's Motion to Strike the FAC without leave to amend. Plaintiff filed opposing papers on February 23, 2023, to Defendant's demurrer. Defendant filed a reply on September 27, 2023. MEE...

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...

Excerpt: ...er, individually and as trustees of the Winner Family Living Trust (collectively, “Plaintiffs”) initiated the instant action by filing a Complaint against London Towne Center, LLC and Thomas Norris (collectively, “Defendants”). The Plaintiffs' Complaint alleges the following causes of action: (1) Partition of Real Property; (2) Accounting; (3) Breach of Fiduciary Duty' (4) Constructive Trust; (5) Declaratory and Injunctive Relief; and (6)...

Excerpt: ... Jaime Hernandez, and Does 1 Through 20, inclusive. The Complaint asserts causes of action for: (1) Discrimination in Violation of Gov't Code §§12940 et seq.; (2) Harassment in Violation of Gov't Code §§12940 et seq.; (3) Retaliation in Violation of Gov't Code §§12940 et seq.; (4) Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Gov't Code §12940(K); (5) Retaliation in Violation of Gov't Code §§12945.2 et. se...

Excerpt: ...Lab. Code § 1101.5; (5) Wrongful Termination in Violation of Public Policy, and (6) Intentional Infliction of Emotional Distress. On December 9, 2022, Defendant Beachbody LLC filed this instant Motion to Compel Arbitration. On January 19, 2023, Plaintiff filed opposing papers. Defendant filed a reply on January 25, 2022. On February 1, 2023, the Court continued the hearing to allow the parties to submit supplemental briefs as to whether the Endi...

Excerpt: ...) Trespass; and 4) Quiet Title. On December 8, 2022 the Court sustained in part the Demurrer and granted in part the Motion to Strike. On June 10, 2022, Defendant Fidel Romano filed a Cross-Complaint against Plaintiff for: 1) Quiet Title by Adverse Possession; 2) Accounting; and 3) Declaratory Relief. Defendant/Cross-Complainant filed a first Amended Cross-Complaint on August 02, 2022. Cross-Complainant now seeks leave to file a Second Amended Cr...

Excerpt: ...te Proffitt Productions as defendants and reduced the number of Doe defendants to 20. The SAC asserts causes of action for: 1. Defamation; 2. Public Disclosure of Private Facts; 3. Intentional Infliction of Emotional Distress; 4. Conversion (against Billie); 5. Unjust Enrichment (against Billie); 6. Declaratory Relief (against Billie); 7. Declaratory Relief (against Billie); 8. Money Had and Received (against Billie); and 9. Mistaken Receipt (aga...

Excerpt: ...perative First Amended Complaint (FAC) alleges causes of action for: 1) Fraud, 2) Conversion; 3) Violation of Penal Code Section 496; and 4) Unjust Enrichment. On September 19, 2022, Defendants filed a Demurrer to the FAC. Plaintiff filed opposing papers on February 15, 2023. Defendants filed a reply on February 22, 2023. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone ...

Excerpt: ...int against Aspen Specialty Insurance, Evanston Insurance Company, Interstate Fire & Casualty Company, Lexington Insurance Company, MT. Hawley Insurance Company, Sovereign Insurance, and Does 1-50. The operative First Amended Complaint (FAC) alleges two causes of action for Equitable Contribution and Declaratory Relief and adds Defendant James River Insurance Company. Aspen Specialty Insurance Company was dismissed as a Defendant on September 17,...

Excerpt: ...er Foundation Health Plaint; and Does 1 to 200 for: 1) Elder Abuse; 2) Negligence; 3) Violation of Residents Rights. On September 15, 2022, BHRC filed a petition to compel arbitration and stay proceedings. The petition was denied without prejudice on November 01, 2022. Defendant BHRC filed a renewed Motion to Compel Arbitration on November 10, 2022. The hearing was continued to allow Plaintiff to file opposing papers. Plaintiff filed opposing pap...

Excerpt: ...llege District; Los Angeles Valley College; Barry Gribbons; and Does 1 to 100. The operative Third Amended Complaint (“TAC”) alleges causes of action for: 1) Discrimination in Violation of the FEHA 2) Hostile Work Environment Harassment in Violation of the FEHA 3) Retaliation in Violation of the FEHA 4) Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of the FEHA 5) Whistleblower Retaliation (Labor Code § 1102.5) On...

Excerpt: ... that they were otherwise harassed by other deputies who are alleged members of a gang known as the Banditos.¿ The operative Sixth Amended Complaint alleges discrimination, harassment, retaliation, and related claims against Defendant County of Los Angeles (“County”) and alleges assault, battery, and other claims against Individual Defendants Rafael “Rene” Munoz (“Munoz”), Gregory Rodriguez (“Rodriguez”), David Silverio (“Silve...

Excerpt: ...ry 09, 2023. MEET AND CONFER Code of Civil Procedure section 439 requires the moving party to meet and confer in person or by telephone before filing a motion for judgment on the pleadings. (Code Civ. Proc., § 439 subd. (a).) Defense Counsel asserts he met and conferred with Plaintiff's counsel by telephone at least five days before filing this motion. (See Starre Decl.) Thus the meet and confer requirement is met. LEGAL STANDARD “A motion for...

Excerpt: ...� Violation of Section 3307 of the California Building Code; and 3) Loss of Prospective Economic Advantage. On February 07, 2020, Defendant United Contractors filed a Cross-Complaint against Greenleaf Engineering, Inc., et al. for indemnification, equitable indemnification, apportionment of fault, and declaratory relief. On November 12, 2020, Cross-Defendant Greenleaf Engineering (“Greenleaf”) filed a Cross-Complaint against Zoes 1-50 for equ...

Excerpt: ...ner, individually and as trustee of the Winner Family Living Trust (collectively, “Plaintiffs”) initiated the instant action by filing a Complaint against London Towne Center, LLC and Thomas Norris (collectively, “Defendants”). The Plaintiffs' Complaint alleges the following causes of action: (1) Partition of Real Property; (2) Accounting; (3) Breach of Fiduciary Duty' (4) Constructive Trust; (5) Declaratory and Injunctive Relief; and (6)...

Excerpt: ...chase agreement for real property located at 8329 Pershing Drive, Unit 4, Playa Del Ray sold by Yong Yoo and Regina Cheung on May 15, 2020. Hamada is a real estate agent employed by Beach City Brokers, Inc. (“Broker”); both Hamada and Broker facilitated the transaction between the parties. Escrow closed on June 18, 2020. Plaintiffs thereafter discovered black mold, water damage, and scraped asbestos throughout the property. (Compl., ¶ 14.) A...

Excerpt: ...ED. BACKGROUND On October 20, 2021, Plaintiff Elmer Bruce, by and through his successor in interest Kynan Burce, filed a Complaint for Elder Abuse and Negligent Hiring and Supervision against California Care, Inc; Edward Melkumyan, and Does 1 to 250. On June 30, 2022, Plaintiff moved for an order compelling nonparty Silver Years Healthcare, Inc.'s compliance with a deposition subpoena. On October 4, 2022, the Motion was Granted. On January 17, 20...

Excerpt: ... for breach of implied and express warranty under the Song-Beverly Act. On January 11, 2023, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents (RPD). Defendant filed an opposition on February 7, 2023. Plaintiff filed a reply on February 9, 2023. LEGAL STANDARD Under Code of Civil Procedure section 2031.310(a), parties may move for a further response to request for production where an answer to the request...

Excerpt: ... for breach of implied and express warranty under the Song-Beverly Act. On January 11, 2023, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents (RPD). Defendant filed an opposition on February 7, 2023. Plaintiff filed a reply on February 9, 2023. LEGAL STANDARD Under Code of Civil Procedure section 2031.310(a), parties may move for a further response to request for production where an answer to the request...

Excerpt: ...�� or “Defendant”); Penegon West, Inc. dba Hornburg Jaguar (“Hornburg”); and Does 1 through 10. The Complaint asserts causes of action for: (1) Violation of the Song-Beverly Act – Breach of Express Warranty; (2) Violation of the Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act § 1793.2 The Complaint alleges, inter alia, that, on March 7, 2015, Plaintiff purchased a used 2013 Jaguar XF, and cert...

Excerpt: ...t Gibbs Law LLP; Karen Barth Menzies; Greenberg Gross LLP; Deborah S. Mallgrave; Brian L Williams; Jemma E. Dunn (collectively Defendants) and Does 1 to 10 for Malicious Prosecution. On January 18, 2023, the Court GRANTED Defendants Greenberg Gross LLP, Deborah S. Mallgrave, Brian L. Williams and Jemma E. Dunn's special motion to strike (Anti-SLAPP). On December 27, 2022, Gibbs Law Group LLP (erroneously named and sued as Gibbs Law LLP) and Karen...

Excerpt: ... The Court also GRANTS Plaintiffs' request for monetary sanctions in the amount of $7,500.00 against Defendant Las Aguilas Properties, LLC, and its counsel of record. BACKGROUND This action arises from the rental of a residential apartment unit located at 3318 Drew Street, Unit 106, in Los Angeles, California (“Subject Premises”). On February 4, 2019, DeAndre Vaughns, Danielle Watkins, DeAndre Vaughns, Jr., and DreDann Vaughns (collectively, ...

Excerpt: ...Waste; 2) Treble Damages; 3) Temporary Restraining Order; 4) Preliminary Injunction; and 5) Permanent Injunction. On October 25, 2022, Plaintiff moved for a Motion to Compel Defendant to Request for Production of Documents (RPD), Set One. No opposing papers or reply has been filed. LEGAL STANDARD Under Code of Civil Procedure section 2031.310(a), parties may move for a further response to request for production where an answer to the requests wer...

Excerpt: ...self-represented Defendant Valaria Cruz and Does 1 to 100 for: 1) Waste; 2) Treble Damages; 3) Temporary Restraining Order; 4) Preliminary Injunction; and 5) Permanent Injunction. On October 25, 2022, Plaintiff filed a Motion to Compel Defendant to Answer Special Interrogatories, Set One. No opposing papers or reply has been filed. LEGAL STANDARD On receipt of a response to interrogatories, the propounding party may move for an order compelling a...

Excerpt: ...ffs allege that Defendants knowingly, willfully, and intentionally conspired to defraud Plaintiffs when Defendants intentionally crashed a U-Haul truck to make an unlawful and fraudulent insurance claim. Consequently, Plaintiffs seek declaratory relief that no insurance policy issued or maintained by Plaintiffs provides any indemnity coverage to Defendant Monroe for any claim brought by Defendant Royale. Plaintiffs assert the Court has jurisdicti...

Excerpt: ... Enhancement Center, LLC (“Plaintiff”) filed the instant action against Defendants City of Los Angeles Harbor Department (“LA Harbor”) and City of Los Angeles (“City”). The Complaint asserts causes of action for: 1. Breach of Contract; 2. Breach of the Implied Covenant of Good Faith and Fair Dealing; and 3. Declaratory Relief. It is noted that the parties have engaged in protracted litigation in state and federal court that arises fro...

Excerpt: ...surance Company. LEGAL STANDARD Insurance Code section 11580.2 governs the provision of uninsured and underinsured motorist arbitration. (See Pilimai v. Farmers Ins. Exchange Co. (2006) 39 Cal.4th 133, 140.) Section 11580.2 mandates arbitration of uninsured and underinsured motorist claim disputes between insurers and insureds regarding liability, damages, or both: “The policy or an endorsement added thereto shall provide that the determination...

Excerpt: ...t appropriate under the circumstances of the case. (b) Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” California Rules of Court, Rule 3.1342 contains several factors that the Court must consider before granting a motion to dismiss under this statute: (1) The court's file in the case and the declarations and supporting data submitted by the parties and, where...

Excerpt: ...inst Defendants Beachbody LLC and Bree Andrews for: (1) Sexual Orientation and/or Racial Harassment; (2) Retaliation in violation of Govt. Code § 12900 et seq. (3) Failure to Prevent Harassment and Retaliation; (4) Retaliation in Violation of Lab. Code § 1101.5; (5) Wrongful Termination in Violation of Public Policy, and (6) Intentional Infliction of Emotional Distress. On December 09, 2022, Defendant Beachbody LLC filed this instant Motion to ...

Excerpt: ...Contract/Specific Performance 2. Breach of Contract 3. Promissory Estoppel 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Declaratory Relief 6. Constructive Trust On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Christian Church. On May 16, 2022, the Court granted Plaintiff's motion to consolidate cases 21STCV35730 and 22CMUD00149, with this case (21STCV357...

Excerpt: ...of Civil Code 1950.5(1). On October 25, 2021, Defendant/Cross-Complainant Levi Estates, LLC filed a Cross-Complaint against Ariadna Jacob; Influences, Inc.; and Roes 1 -10 for: (1) Breach of Contract; (2) Waste; (3) Negligence; and (4) Conversion. On September 14, 2022, Defendant/Cross-Complainant Levi Estates, LLC filed a Motion for Judgment on the Pleadings. On October 17, 2022, Plaintiffs filed opposing papers. Defendant/Cross-Complainant Levi...

Excerpt: ...'s LLC; LAFAC Sports, LLC; Contemporary Services Corporation; and Does 1 to 20. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence; 2) Negligence – Premises Liability; 3) Negligent Infliction of Emotional Distress (NIED); and 4) Intentional Infliction of Emotional Distress (IIED). On August 08, 2022, Defendants Bobby Dee Presents, Inc. (“Bobby Dee”) and Snoop Dogg's LLC (“Snoop Dogg”) filed a demurre...

Excerpt: ... violations of the Unruh Act under Civil Code section 52(a). On October 03, 2022, default was entered against Defendant 1895 W. Adams, LLC. On December 14, 2022. Does 1 to 10 were dismissed from the action. On December 14, 2022, Plaintiff moved for default judgment. LEGAL STANDARD CCP § 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 m...

Excerpt: ...tration and Stay Proceedings. Plaintiff filed opposing papers on January 11, 2023. Nissan filed a reply on January 18, 2023. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4t...

Excerpt: ...aragraphs 72, 84, 139, 141, 145, and 163 is GRANTED WITH 30 DAYS LEAVE TO AMEND. The Motion to Strike Paragraphs 107, 114, 182, 191, and Prayer for Punitive Damages is DENIED. The Motion to Strike the second cause of action is MOOT. BACKGROUND On March 01, 2022, Plaintiffs Carolyn Allred and Lola Selah Rois Allred, by and through her guardian ad litem, Carolyn Allred, filed a Complaint against Charmaine Collins Charles; Leslie Charles; and Does 1...

Excerpt: ...merica Inc. (“Kia”) and Does 1 to 10 for violations of the Song-Beverly Act. On September 29, 2022, Plaintiffs filed a Motion to Compel Kia's Person Most Knowledgeable (PMK) and Custodian of Records. Kia filed opposing papers on January 10, 2023. Plaintiffs filed a reply on January 17, 2023. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action.¿...

Excerpt: ...2013 Laguna Trust; and Does 1 to 100. The Complaint alleges causes of action for: 1) Violation of California Civil Code § 1942.4 2) Tortious Breach of the Warranty of habitability 3) Private Nuisance 4) Business and Professions Code § 17200, et seq. 5) Negligence 6) Breach of Covenant of Quiet Enjoyment 7) Intentional Infliction of Emotional Distress 8) Negligent Hiring, Retention, and Supervision 9) Negligence Per Se 10) Violation of Retaliato...

Excerpt: ...hemicals, Inc; Mutiu Olatunji Durosinmi-Etti; and Does 1 to 10. The operative First Amended Complaint alleges causes of action for: 1. Breach of Contract/Specific Performance 2. Breach of Contract 3. Promissory Estoppel 4. Breach of the Implied Covenant of Good Faith and Fair Dealing 5. Declaratory Relief 6. Constructive Trust On February 14, 2022, Defendant Swift Petrochemicals, Inc filed a Complaint for Unlawful Detainer against the Redeemed Ch...

Excerpt: ...ornia, LAFC Sports, LLC; Major League Soccer, LLC; CISS Management Group; CI Security Specialist, Inc. and Does 1 to 100. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence (Wrongful Death); 2) Negligence (Survival Action); 3) Premises Liability (Wrongful Death) 4) Premises Liability (Survival action); 5) Negligent Hiring/Retention/Supervision Training (Wrongful Death); and Negligent Hiring/Retention/Supervisi...

Excerpt: ...lue; 4) Breach of Contract; and 5) Personal Guarantee. Proof of Service by Substituted Service on Defendants Boondock, Inc and Nicholas F. Devane was filed on October 24, 2022. Default was entered against the Defendants on December 14, 2022. On December 29, 2022, Does 1 to 10 were dismissed. Plaintiff now moves for Default Judgment against the Defendants in the amount of $55,417.85. LEGAL STANDARD Code Civil Procedure section 585 permits entry of...

Excerpt: ... Snoop Dogg's LLC; LAFAC Sports, LLC; Contemporary Services Corporation; and Does 1 to 20. The operative First Amended Complaint (FAC) asserts causes of action for: 1) Negligence; 2) Negligence – Premises Liability; 3) Negligent Infliction of Emotional Distress (NIED); and 4) Intentional Infliction of Emotional Distress (IIED). On July 18, 2022, Defendants Live Nation Worldwide, Inc. (“Live Nation”) and C3 Presents, LLC (“C3”) filed a d...

Excerpt: ...C) alleges causes of action for: 1) Sexual Harassment in Violation of the Unruh Civil Rights Act; 2) Sexual Based Discrimination in Violation of the Unruh Civil Rights Act; 3) Gender Violence in Violation of California Civil Code 52.4; 4) Breach of Contract in Violation of Civil Code 1622; 5) Negligence in Violation of Cal. Civ. Code 174; 6) Conversion in Violation of Cal. Civ. Code 3336; 7) California Civil Conspiracy AND; 8) Intentional Inflict...

Excerpt: ...o compel arbitration was granted. The parties proceeded with arbitration before 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 Plaintiff's motion to remand on May 6, 2021. On October 11, 2022, Plaintiff ...

Excerpt: .... LEGAL STANDARD The purpose of a motion for 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 ...

Excerpt: ...3.2(b) of the Song-Beverly Act; 3) Section 1793.2(a)(3) of the Song-Beverly Act; 4) Breach of Express Written Warrant; 5) Breach of Implied Warranty of Merchantability; 6) Violation of the Magnuson-Moss Warranty Act; and 7) Fraud by Omission. On December 01, 2022, Defendant Nissan moved to Compel Arbitration and Stay Proceedings. Plaintiff filed opposing papers on December 23, 2022. Nissan filed a reply on December 30, 2022. LEGAL STANDARD Partie...

Excerpt: ... 2021, Plaintiff Ramon Corona Ortiz filed a Complaint against Defendant General Motors, LLC (“GM”) and Does 1 to 10 for: 1) Violation of the Song-Beverly Act – Breach of Express Warranty 2) Violation of the Song-Beverly Act – Breach of Implied Warranty On December 13, 2022, Plaintiff's Motion to Compel Deposition of GM's Person(s) Most Qualified (PMQ) and Custodian of Records was GRANTED. On December 1, 2022, GM moved for Relief from Waiv...

Excerpt: ... 2) Violation of Civil Code section 1793.2(b); 3) Violation of Civil Code section 1793.2(a)(3); 4) Breach of Express Written Warranty (Civil Code sections 1791.1; 1794; 1795.5); 5) Fraudulent Inducement – Concealment On June 09, 2022, Defendant filed a demurrer with a Motion to Strike Plaintiff's First Amended Complaint and prayer for punitive damages. Plaintiff filed opposing papers on December 22, 2022. A reply was filed on December 29, 2022....

Excerpt: ...t stated. Plaintiff alleges Defendants borrowed money from Plaintiff and failed to repay him. GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 17, 2022. Defendant Terri Bernardi filed an ...

Excerpt: ...tant action against Defendants Creative Artists Agency, LLC (“CAA”); Andrew Miller; Leah Yerushalaim; and Does 1 to 10. The The operative First Amended Complaint (FAC) asserts causes of action for: 1. Breach of Fiduciary Duty and Confidentiality; 2. Breach of Contract; and 3. Breach of Implied Covenant of Good Faith and Fair Dealing. Plaintiff is a professional television writer and was represented by Defendant CAA through Defendants Miller a...

Excerpt: ...nd 39, 44, 49, 50, 55, 60 to 61, 70, 71, and 75 should be sealed. Moving party to give notice. BACKGROUND In this action, several sheriff's deputies (“Plaintiffs”) who were formerly assigned to the East L.A. station allege that they were pressured to quit their jobs or leave the station and that they were otherwise harassed by other deputies who are alleged members of a gang known as the Banditos. The operative Sixth Amended Complaint alleges...

Excerpt: ...ION FOR TAKING MEDICAL LEAVE (GOV'T. CODE §12940(h)); 4) DISCRIMINATION (GOV'T CODE §12940(a)); 5) FAILURE TO ACCOMMODATE (GOV'T. CODE § 12940(m)); 6) FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS (GOV'T. CODE § 12940(n)); 7) HARASSMENT (GOV'T. CODE §§ 12940(j)); 8) FAILURE TO PREVENT HARASSMENT, DISCRIMINATION AND RETALITION (GOV'T. CODE §§ 12940(k)); AND 9) WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC POLICY. On August 09, 2022, this Court ...

Excerpt: ... Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Whistle...

Excerpt: ..., 2022. Nissan filed a reply on September 29, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) ¿ A party petitioning to compel arbitration has the burden ...

Excerpt: ...f Los Angeles Elevator and Safety Unit; State of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufac...

Excerpt: ... Complaint alleges causes of action for: 1) Elder Abuse/Neglect (Non-COVID Related); 2) Negligence (Non-COVID Related); 3) Elder Abuse/Financial; and 4) Violation of the Patient's Bill of Rights. On November 01, 2022, Defendants filed a Motion to Compel Arbitration and Stay Proceedings. Plaintiff filed two opposing papers on December 15, 2022. Two replies were filed on December 28, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a disp...

Excerpt: ...GGB was served with a copy of the summons and complaint on September 1, 2021. (Fine Decl. ¶ 14, Ex. 6.) Default was entered against GGB on October 13, 2021. (Fine Decl. ¶ 15, Ex. 7.) On November 14, 2022, Summary Judgment was granted in favor of Plaintiff and against Defendant Terri Lee Barnardi. On November 16, 2022, Plaintiff moved for Default Judgment against Defendant Green Grown Bulk, Inc. (“GGB”). On November 17, 2022. Defendant Terri...

Excerpt: .... The operative First Amended Complaint added Vlad Gold fka Val J. Fayngold as a Defendant and asserted causes of action for: 1) Breach of Contract; 2) Breach of Fiduciary Duty; 3) Fraud; 4) Shareholder Derivative-Breach of Fiduciary Duty 6) Shareholder Derivative-Gross Mismanagement; and 7) Shareholder Derivative – Abuse of Control On October 12, 2022, Defendant Vlad Gold moved for a Protective Oder. Plaintiff Global Interactive Enterprises, I...

Excerpt: ...o 20. The Second Amended Complaint (SAC) alleges causes of action for: 1) Breach of Contract 2) Fraud and Deceit: Inducement 3) Fraud and Deceit: Concealment 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Unfair Competition Law (UCL) On November 03, 2022, Defendant Calculated Risk Analytics, LLC (“CRA”) filed a demurrer to the Plaintiffs' SAC. The Plaintiffs filed opposing papers on December 02, 2022. CRA filed a reply on ...

Excerpt: ... Declaratory Relief. On May 26, 2020, Esperanza filed a Cross-Complaint against Garcia Legal and Roes 1 through 10. The Cross-Complaint asserts causes of action for: 1) Breach of Contract; and 2) Common Counts. On August 24, 2020, Garcia Legal filed a Cross-Complaint against Monica R. Molina (“Monica”) and Does 11 through 20. The Cross-Complaint asserts causes of action for: 1) Equitable Indemnity; and 2) Contribution/Partial Indemnity. On Ma...

Excerpt: ... LEAVE TO AMEND as to the sixth cause of action. Mara Enterprise's Motion to Strike is DENIED as to Paragraph No. 47, page 10, lines 21-15 and GRANTED WITH LEAVE TO AMEND as to: · Paragraph No. 48, page 11, lines 1-4. · Paragraph No. 72, page 14, lines 12-16. · Prayer, Item No. 6, page 15, line 27. BACKGROUND On January 14, 2022, Plaintiff Mara Enterprises (“Mara”) filed a Complaint against Defendants Sannette Gite, as Trustee of the Vaugh...

Excerpt: ...on of Defendant's Most Qualified (PMQ) and Custodian of Records. Defendant filed opposing papers on December 02, 2022. Plaintiff filed a reply on December 06, 2022. LEGAL STANDARD Code of Civil Procedure section 2025.450, section (a) states in relevant part:¿¿ ¿ If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a par...

Excerpt: ...aintiffs filed six (6) Amendments to Complaint (Fictitious/Incorrect Name) naming Mazak Corporation; Haas Automation, Inc.; Precision Specialty Metals, Inc.; Alcoa, Inc.; Special Metals Corporation, individually and as Successor-by-Acquisition to Inco Alloys International, Inc.; and Joseph T. Ryerson & Son, Inc. (erroneously sued as Ryerson Holding Corporation, individually and as Successor-by-Acquisition to Atlas Ideal Metals) as Does 1 through ...

Excerpt: ...Karayan Consulting Group (“KCG”), and Cedar Business Services, LLC (“CBS”). On February 5, 2021, Defendant Karayan (hereinafter referred to as “Defendant”) filed a Cross- complaint (“XC”) asserting causes of action (1) breach of written contract, (2) quantum meruit, (3) account stated, (4) book account, and (5) declaratory relief against Plaintiff, SCPS Unlimited LLC (“SCPS”), Craig Currie (“Craig”), Doris Samantha Currie ...

Excerpt: ...tion of Song-Beverly Consumer Warranty Act for breach of implied warranty of merchantability, and (7) strict liability against Defendant Tesla, Inc. (“Defendant”). On September 26, 2022, Defendant Moved for Summary Adjudication on Plaintiff's second, third, fourth, and fifth causes of action. Plaintiff filed opposing papers on November 29, 2022. Defendant filed a reply on December 07, 2022. LEGAL STANDARD The purpose of a motion for summary j...

Excerpt: ...nt United Contractors filed a Cross-Complaint against Greenleaf Engineering, Inc., et al. for indemnification, equitable indemnification, apportionment of fault, and declaratory relief. On November 12, 2020, Cross-Defendant Greenleaf Engineering (“Greenleaf”) filed a Cross-Complaint against Zoes 1-50 for equitable indemnity, apportionment, and declaratory relief. On March 25, 2022, each Plaintiff Jean Enock filed a Substitution of Attorney fo...

Excerpt: ...ssion 2) Accounting 3) Declaratory Relief On June 10, 2022, Defendant filed a Demurrer with a Motion to Strike. No opposition has been filed. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) “Any determination ...

Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...

Excerpt: ...Hyundai Motor America (“Defendant”) violated the Song-Beverly Consumer Warranty Act by failing to repair the aforementioned defects and failing to repurchase the Subject Vehicle. On July 20, 2020, Plaintiffs initiated this case. Later, Plaintiffs filed the operative First Amended Complaint which alleges causes of action for (1) Violation of Song-Beverly Consumer Warranty Act— Breach of Express Warranty; (2) Violation of Song-Beverly Consume...

Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...

Excerpt: ... for (1) Partition by Sale and (2) Declaratory Relief. On July 15, 2022, Defendant filed a Demurrer to Plaintiff's FAC. On July 16, 2022, Plaintiff filed an opposition. On November 22, 2022, Defendant filed a reply. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempels (1950) 36 Cal.2d 257, 262.) A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appe...

Excerpt: ...D FAITH AND FAIR DEALING; 5) MISREPRESENTATION (1); 6) MISREPRESENTATION (2) 7) CONCEALMENT; 8) FALSE PROMISE; 9) CONSTRUCTIVE FRAUD; 10) CONVERSION; 11) COMMON COUNT (ACCOUNT STATED); 12) COMMON COUNT (MONEY HAD AND RECEIVED); 13) COMMON COUNT (MONEY LENT); 14) VIOLATION OF THE CALIFORNIA UNIFORM VOIDABLE TRANSACTIONS ACT; 15) AIDING AND ABETTING; and 16) FRAUDULENT TRANSFER. On November 04, 2022, the Plaintiffs moved for a Protective Order and ...

Excerpt: ...ay the Action Pending Arbitration. Plaintiff filed an opposition on November 15, 2022. Defendant filed a reply on November 21, 2022. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿ (CCP § 1281.2; see also Omar v. Ralphs Grocery Co. (2004)¿118 Cal.A...

Excerpt: ... Gov. Code § 12940(j)); 2) Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 3) Sexual Battery (against Newman); 4) Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); 5) Retaliation in Violation of FEHA (Violation of Gov. Code § 12940(h)) (against the District); 6) Retaliation in Violation of Public Policy (against the District); 7) Wh...

Excerpt: ...ont Porch Communities and Services, and other allegedly responsible parties for Ms. Hall's wrongful eviction. On August 4, 2020, Ms. Hall filed a Complaint against Front Porch Communities and Services, Randy Herzig, Nadine Roisman, Pamela Lowe, and Lis Stephens LVN (collectively, “Defendants”). On January 21, 2021, Ms. Hall's attorney of record informed this Court that Ms. Hall had passed away during the pendency of this action. On June 4, 20...

Excerpt: ...tates Constitution; and 3) Theft and Robbery of Plaintiff's Property. On June 28, 2022, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed an opposition on November 8, 2022. No reply has been filed. MEET AND CONFER A motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for jud...

Excerpt: ...ponses to Form Interrogatories, Set One and sanctions in the amount of $1,250.00. No opposition or reply has been filed. On September 14, 2022, the Court granted Plaintiffs'/Cross-Defendants' counsel's request to be relieved as counsel for Plaintiffs/Cross-Defendants. LEGAL STANDARD Requests for Admission When a party to whom requests for admission are directed fails to respond, the party propounding the requests may move for an order that the tr...

Excerpt: ... A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The ...

Excerpt: ...e § 17200, et seq.) 4) Negligence 5) Breach of Fiduciary Duty 6) Breach of the Duty of Fair Representation On August 30, 2022, Defendant Maribel Hinojosa filed a Cross-Complaint. A Judgment of Dismissal was filed on July 28, 2022, and Defendant California Correctional Pease Officer Association (“CCPOA”) was dismissed from this action. On August 30, 2022, the Plaintiffs moved for Leave to Amend the Third Amended Complaint. Defendant CCPOA fil...

Excerpt: ...iscrimination in violation of Government Code § 12940(k) (against Netflix, Inc.); 5) Retaliation in Violation of Government Code § 12940(h) (against Netflix, Inc.); 6) Retaliation in Violation of Labor Code § 1102.5 (against Netflix, Inc.); 7) Violation of the California Equal Pay Act in Violation of Labor Code §§ 1197.5, 1194.5 (against Netflix, Inc.); 8) Violation of the Bane Act in Violation of Civil Code § 52.1 (against all Defendants);...

Excerpt: ... On November 01, 2022, Plaintiff filed opposing papers. No reply has been filed. LEGAL STANDARD A defendant . . . may serve and file a notice 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. . ..”. (C.C.P. § 418.10(a).) A court lacks jurisdiction over a party if there has not been proper service of process. (See Ruttenberg v. Ruttenberg (199...

Excerpt: ... repay him. On July 08, 2022, Plaintiff filed a Motion for Summary Judgment or Summary Adjudication in the alternative. Defendant filed opposing papers on November 01, 2022. Plaintiff filed a reply on November 07, 2022. LEGAL STANDARD The purpose of a motion for 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 ...

Excerpt: ...ty Unit; State of California; State of California Division of Occupational Safety and Health Elevator Unit; and Does 1 through 110. On November 21, 2019, the Plaintiffs filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for: 1) Negligence; 2) Negligence – Common Carrier; 3) Premises Liability; 4) Negligent Products Liability – Failure to Warn; 5) Strict Products Liability – Manufacturing Defect; 6) Strict Produc...

Excerpt: ...he exclusivity provision of the Workers' Compensation Act (WCA). (Min. Or. 04/29/22.) The First Amended Complaint (FAC) asserts claims against Intact Insurance Group USA, LLC d/b/a OneBeacon; Atlantic Specialty Insurance Company; Homeland Insurance Company of New York; Great West Casualty Company; Forward Aire, Ink. f/k/a Towne Air Fright (collectively “Defendants”) and Does 4 to 20. The FAC alleges causes of action for: 1) Fraudulent Misrepr...

Excerpt: ...istress; 5) Negligence Per Se; 6) Breach of Contract; 7) Negligent Misrepresentation; 8) Premises Liability; 9) Strict Liability/Products Liability; 10) Assault; and 11) Battery. Proof of Service for Defendants Julian Kim and Mappse Weight Loss & Pain Care CT was filed on February 02, 2022. A Statement of Damages was filed on October 17, 2022. Default was entered against Defendants on September 12, 2022. Does 1 to 100 were dismissed on October 06...

Excerpt: ...led Opposing papers on October 24, 2022. Defendant filed a reply on November 11, 2022. LEGAL STANDARD The purpose of a motion for 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 Proced...