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: ... 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: ...� 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: ...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: ...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: ...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...