Excerpt: ...nd $729.93 in costs and expenses is appropriate. For the following reasons, the Court GRANTS, in Part, Plaintiff Dzhabrayan's Motion for Attorney's Fees, Costs, and Expenses in the amount of $34,037.83, comprised of $31,545.00 in reasonable attorney's fees and $2,492.83 in reasonable costs and expenses. Motion for Attorney's Fees: GRANTED, in Part. Legal Standard: A prevailing plaintiff in a Song-Beverly Act action is entitled to recover their at...

Excerpt: ...d Severally, in the Amount of $1,935.00—on the grounds that Synergy and its Principal, Andrew Martinez, have failed to comply with two Court Orders issued by this Department, dated March 3, 2022 and May 23, 2022. Motion for Order to Show Cause Hearing: GRANTED Legal Standard: Contempt of the Court is defined and the procedures for establishing it are laid out in Code of Civil Procedure Sections 1209 et seq. Disobedience of any lawful judgment, ...

Excerpt: ...asurer respectively— now bring the instant opposed (1) general and special Demurrer to First Amended Complaint based on insufficiency and uncertainty of pleading and (2) Motion to Strike Portions of Plaintiff's First Amended Complaint, i.e., allegations related to Plaintiff Ayoubia's entitlement to certain damages, injunctive relief, and attorney's fees. The Court SUSTAINS the Demurrer in its entirety based on insufficient pleading as to Mr. Ay...

Excerpt: ...ed because Hasa, Inc. had “no light duty jobs” with which to accommodate Velazquez. Hasa, Inc. now brings this opposed Motion to Compel Arbitration. Because (1) Hasa, Inc. has invoked agreement to arbitrate between the parties that encompasses the causes of action alleged by Velazquez in his Complaint, and (2) because Velazquez does not present valid defenses to the invocation and enforcement of the agreement to arbitrate, the Court GRANTS Mo...

Excerpt: ...ufactures commercial and military aerospace products. On January 20, 1997, the Parties entered into an Exclusive Dealer Sales Agreement (the “Agreement”), pursuant to which Petitioner Global Advance, Inc. was to act as an exclusive dealer for Rogerson Aircraft in the territory of South Korea for the sale of commercial and military aircraft products manufactured by Rogerson Aircraft. Pursuant to the stipulation of the Parties, the parties ente...

Excerpt: ...ly 20, 2022 (“Arbitration Motion”) and (2) an opposed Motion to Stay Entire Action Pending Resolution of Ford's Motion to Compel Arbitration, set for hearing on June 20, 2022 (“Motion to Stay”). After considering the Parties' arguments, the Court GRANTS Ford Motor Co.'s Motion to Stay because (1) Ford Motor Co. has filed with the Court a Motion to Compel Arbitration, set to be heard at a future date, (2) Ford Motor Co. has made a Motion t...

Excerpt: ...Retention and Hiring, as based on Mr. Bruce “develop[ing] pressure sores on his back, hip and coccyx area that continued to worsen until they were Stage IV exposing muscle and bone” during a five-week stay in facilities owned by California Care, Inc. Plaintiff requests an Order Compelling Compliance with Deposition Subpoena, seeking to compel Silver Years Healthcare, Inc. for any records related to the care of Mr. Bruce by Silver Years in 202...

Excerpt: ...i-Cal provider had been suspended by DHCS due to a California Department of Justice investigation into MCCN for fraudulent billing. MCCN's operative Complaint alleges causes of action against DHCS based on these facts: (1) Violation of Section 1902(bb) of the Social Security Act, 42 U.S.C. Section 1396a(bb) for failure to compensate MCCN $9.9 million for services rendered to California Medi-Cal beneficiaries during MCCN's 18-month suspension; (2)...

Excerpt: ...ets breached the lease and that provision by assigning/subletting to Classic Pallet and Perez in October or November 2019, and then altogether ceasing to pay rent in April 2020, after with Classic Pallet and Perez remained on the Property without payment of rent until approximately May 2021, vacating the premises on August 31, 2021 (after the parties reached a settlement in a separate unlawful detainer action). Classic Pallet and Perez now bring ...

Excerpt: ...C and its Managing Member Kenneth Berry) and State of California and Los Angeles County entities that either provided the loan that created the undisclosed property tax assessment or required and/or collected the payment the assessment derived therefrom. Since bringing this action, Plaintiffs have obtained satisfaction for their damages by leveraging the title insurance policy they obtained during their purchase of the home. As a result, Plaintif...

Excerpt: ...IC eligible clients, performing clerical/office duties, reporting all unusual situations to management, cleaning the workspace, and covering breaks for other employees at the front desk. During this time, Ramirez developed carpel tunnel, tinnitus, trigger finger, and a meniscus tear in her shoulder. Ramirez provided a doctor's note to Heluna Health regarding restrictions to her ability to lift objects but alleges that Heluna Health nevertheless r...

Excerpt: ... by the end of 2019. In turn, Lenee and Patno provided savings and loans so that an Empire subsidiary—Marquez Terrace LLC (“Marquez Terrace”)—could purchase and temporarily pay the mortgage on 16655 Marquez Terrace, Los Angeles, CA 90272 (“Subject Property”), until such time as Conway-Burt secured a construction loan to cover the Property's mortgage between approximately the beginning of 2020 and the future sale date of the Subject Pr...

Excerpt: ...rsuant to Code of Civil Procedure section 1032, subdivision (a)(4), and section 8800, subdivision (c), among others. Because Paragon's dismissal of this action made the Defendants a prevailing party in this action pursuant to section 1032 of the Code of Civil Procedure and California case law, and because Code of Civil Procedure section 8800—the statutory section under which this suit was brought—permits the prevailing party to recover reason...

Excerpt: ...ge in conduct fraudulently divesting Plaintiff of its interests in their joint “K8 Group” venture. Defendants now bring this opposed Motion to Compel Arbitration against the claims alleged in Plaintiff K8 Founders' Complaint. Because (1) the Collective K8 Defendants may invoke arbitration against Plaintiff K8 Founders pursuant to the K8 Group's Second Amended Agreement and Side Letter between the Parties, (2) these Defendants have in fact inv...

Excerpt: ...�with Quality Behavior Solutions operating Ms. Hernandez's alter ego—engaged in conduct amounting to numerous Labor Code and a single Business and Professions Code violation(s) against Plaintiffs Torres and Banuelos, as well as other similarly situated employees at Defendant QSB and Ms. Hernandez. Defendants Quality Behavior Solutions and Rosa Hernandez now bring the instant Motion to Compel Arbitration on the grounds that both Plaintiffs signe...

Excerpt: ...st the Third and Fourth causes of action against her for Hostile Work Environment (“FEHA”) (i.e., Harassment) and Intentional Infliction of Emotional Distress (“IIED”). Because Defendant Carrillo fails to carry her burden on summary adjudication as to both these claims, the Court DENIES Sergeant Carrillo's Motion. Background Defendant City of Long Beach (“Long Beach” or “City of Long Beach”) hired Plaintiff Rubi Castro (“Castro�...

Excerpt: ...t. Because it complies with California Rules of Court Rule, rule 3.1324, subdivisions (a) and (b), and because the proposed amendments are not facially defective as a matter of law, Defendant Dan Metcalfe's Motion for Leave of Court to File a First Amended Answer to Add Additional Affirmative Defenses is GRANTED. Further, the Court GRANTS in Part Defendant Dan Metcalfe's Motion for Leave of Court to File a Compulsory Cross-Complaint, limiting the...

Excerpt: ...d because any prejudice to Plaintiff Chattin fails to overcome the merit of this amendment request, the Court GRANTS Defendants Haddad and Hawatmeh's Motion for Leave to File Second Amended Answer. Background Plaintiff Crystalynn Chattin (“Chattin”) alleges sixteen causes of action against Defendants Chatsworth Circle K, Inc., Ammeen Haddad (“Haddad”), and Munther Hawatmeh (“Hawatmeh”) for engaging in conduct amounting to Labor Code a...

Excerpt: ...licative charges relating to freight forwarding services supplied by CSS. In turn, CSS's First Amended Cross Complaint alleges that Johnson Solar, its owner Weiping Jing, and CACBG, Inc. are indebted to CSS in the amount of $343,869.90 for services rendered by CSS to CACBG, for which Johnson Solar and Ms. Jing are liable based on a Guarantee Contract between the Parties to this effect Background In or around April and June 2020, a representative ...

Excerpt: ...rompting this Court to dismiss the action without prejudice on August 5, 2021. The U.S. District Court for the Central District of California later remanded the action for want of jurisdiction, after which the Parties stipulated to and the Court ordered the dismissal set aside on February 15, 2022, setting a Case Management Conference (“CMC”) for March 25, 2022. On March 25th, both Parties failed to appear, and the Court again dismissed the a...

Excerpt: ... permitted timeframe. The Santos Defendants now bring an opposed Motion to Vacate Default. Because they provide a Declaration from their Counsel indicating that his mistake led to the Defaults, the Court GRANTS the Santos Defendants' Motion to Vacate and AWARDS Plaintiff $1,775.00 in reasonable attorney's fees and costs pursuant to Code of Civil Procedure section 473, subdivision (b). Background On or around October 23, 2014, Defendants Gabriela ...

Excerpt: ...to protect its rights in California courts. Nascient's insurer, Intervenor Kinsale Insurance Company, now brings this Motion to Intervene in this action pursuant to Code of Civil Procedure section 387. Because Intervenor Kinsale's provides sufficient grounds for this Court to determine that Kinsale may intervene in this action as a matter of right and through the mechanism of permissive intervention alike pursuant to Code of Civil Procedure secti...

Excerpt: ...s Doe 1 Ana Maria Leyva. Service of process was via substituted service on an “Octava Leyva – Employee” at “Leyva's Mexican Foods, Inc., 6517 Eastern Ave., Bell Gardens, CA 90201.” Litigation in this matter continued until October 5th, when Plaintiff filed a Motion for Terminating Sanctions set to be heard November 10, 2021. On October 28, 2021, Ms. Leyva's counsel Chad Biggins filed an Opposition to Plaintiff's Motion for Terminating S...

Excerpt: ...ants also filed a Motion to Strike punitive damages, attorney's fees, and alter ego allegations from the 4AC. For the following reasons, the Court (1) OVERRULES the Stewart Defendants' Demurrer as to the First and Fourth causes of action, (2) SUSTAINS WITHOUT LEAVE TO AMEND the Second, Third, and Fifth causes of action, and (3) STRIKES only the third (3 rd) and (4 th) paragraphs of the 4AC's Prayer for relief. Background Following three sustained...

Excerpt: ... Inc., UnitedHealth Group, Inc., and Healthcare Partners Management Services California, LLC (the “Affiliates”) (all defendants collectively, the “Defendants”). HealthCare Partners Management Services California, LLC is a subsidiary of employer OptumCare Management, LLC (“Optum care”). Optum Care, in turn, is a subsidiary of Optum, Inc., and Optum, Inc., is a subsidiary of UnitedHealth Group, Inc. Optum Services, Inc., is not a parent...