Excerpt: ...tually identical case pending in the Southern District of California, premised on similar American with Disabilities Act of 1990 (“ADA”) and UCRA violations relating to Shoe Palace's website accessibility for blind persons. Shoe Palace also brings a Demurrer against the Complaint's single cause of. The Court DENIES Shoe Palace's Motion to Stay and OVERRULES Shoe Palace's Demurrer. Judicial Notice The Court TAKES JUDICIAL NOTICE of Exhibits �...

Excerpt: ...ed in conduct constituting ten (10) Labor Code violations and a resulting Business and Professions Code violation against Martinez and similarly situated employees. Martinez sued on behalf of himself, on behalf of other former and current employees under California laws relating to private attorneys general, for: (1) failure to pay minimum wage, Labor Code section 1194; (2) failing to pay minimum wage, Labor Code section 1194.2; (3) failure to pa...

Excerpt: ...cial vehicle in Los Angeles county when he was involved in a traffic accident with Plaintiff Marquez. Marquez suffered serious injuries for which he received extensive medical care, including two spinal surgeries, and he suffered loss of income. At the time, the commercial vehicle being driven by Plaintiff Ortiz was insured under a commercial liability insurance policy issued by Defendant Century National Insurance Company (“Century National”...

Excerpt: ...son Gas Station, LLC. The deposition was first scheduled for January 27, 2022, but was later rescheduled to March 16, 2022, on which date Slauson Gas filed the instant Motion for Protective Order to prohibit Mr. Neyssani's deposition in its entirety based on Neyssani's present medical condition. After reviewing the moving papers, the Court DENIES the Motion for Protective Order for (1) failure to provide a declaration showing the parties properly...

Excerpt: ...ted characteristics as a black homosexual female. The MTA brings the instant Motion to Strike to eliminate the 92nd to 96th paragraphs of Howard's Second Amended Complaint alleging a purported Exemplary Damages cause of action on the ground that Code of Civil Procedure section 818 prohibits the recovery of such relief against a public entity like the MTA. Because exemplary and punitive damages are forms of relief rather than cognizable legal clai...

Excerpt: ...ntiff Hernandez, which asked whether she was claiming mental or emotional injuries, and if so, the name of the medical provider who treated her, and the type of treatment she received. Dr. Gallardo also served Plaintiff with Requests for Production (Set One) (“RPDs”) at this time, which included requests that Plaintiff produce any records related to her medical treatment. Hernandez's December 15, 2021, responses to these discovery requested p...

Excerpt: ...er's terms also provide that Plaintiff is the “prevailing party” for the purposes of any motion in this action as grounded in the Song-Beverly Act. Plaintiff requests Attorney's Fees, Costs, and Expenses (“Motion”) for $44,225.85, comprised of $27,383.50 in attorney's fees, $13,691.75 in a multiplier enhances and $3,150.60 in costs and expenses. Defendants do not dispute costs but argue that only $12,556.80 of fees are warranted. Evidenti...

Excerpt: ...for Morgan Stanley Mortgage Capital Holdings, LLC, and (2) On March 19, 2020, a Notice of Default (“NOD”) was recorded, indicating that the Loan was in default in the amount of $20,535.99 as of March 17, 2020, with the Notice of Default recorded by the foreclosure trustee on behalf of FV-1, Inc. A declaration of compliance was attached to the NOD, stating that contact was made with borrowers to discuss loss mitigation options at least 30 days...

Excerpt: ...ous violations and harm to Lopez. Lopez's FAC alleges all sixteen of its causes of action against Murillo by various designations, including “Employer,” “Defendant Employer,” and “Defendants.” Murillo makes motions seeking (1) an Order compelling verified Responses to two sets of Form Interrogatories and (2) an Order deeming Admitted the truth of matters alleged in a Request for Admissions (“RFAs”) served on the Plaintiff. Plainti...

Excerpt: ...l termination, IIED, and negligent hiring, supervision, and retention. Defendant Arsenio Rojas [AKA Rojo] (“Rojas”) is alleged by Plaintiff to be a manager and/or supervisor for Defendants Personal Staffing Group (“PSG”), LLC, OS4Labor, LLC, and Molex, LLC, where the Court's review of the pleadings appears to show that Defendant PSG and OS4Labor are employment agencies working under contract with Molex, LLC. The Complaint alleges that Roj...

Excerpt: ...ed a bidding process to select a manager for the 3026 Airport Avenue building. To retain the 3026 building, Plaintiffs submitted a proposal under the name Maxima, which was rejected. Plaintiffs allege that during the selection process, they were defamed by City of Santa Monica officials, including Defendants City of Santa Monica, Kevin McKeown, and Shannon Daut (collectively, “Santa Monica Defendants”). The current First Amended Complaint (�...

Excerpt: ... his body causing him internal bruising. He went on medical leave for this Injury on Duty (“IOD”) through August 3, 2016, when he returned to work subject to medical restrictions of no lifting, pushing, or pulling over 10 pounds, a sit- down job, and no driving or operating machinery. Even through Plaintiff was assigned to Property Division, he continued suffering pain and complained to his supervisor for assigning him a position that was vio...

Excerpt: ...st the D'Onofrio Defendants. The terms and conditions of the proposed settlement as set forth in the Motion for Determination of Good Faith Settlement are correct. Of note, pertinent terms include that: (1) the D'Onofrio Defendants will pay Plaintiffs a total of $250,000; (2) Plaintiffs will dismiss their Complaint in its entirety with prejudice as to the D'Onofrio Defendants and will provide a general release, including a waiver of California Ci...

Excerpt: ...n September 22, 2020, the Court granted terminating sanctions against Dorado and Del Villar's Answer to Saddletree's FAC on this ground. As a result, the Court entered Default on the FAC as against Defendants Dorado and Del Villar. On June 4, 2021, Plaintiffs Plaintiff/Cross-Defendant petitioned the Court for a default judgment on the FAC, which the Court granted on January 3, 2022. Now by way of Terminating and Monetary Sanctions, Saddletree see...

Excerpt: ... set up and operate a factory located in Israel (“AMI Israel Factory”). The plan called for the AMI Israel Factory to produce the blades and cartridges for three razor products—two-, four-, and six-blade razors—with the handles produced elsewhere and then shipped to the AMI Israel Factory to be placed the cartridges, ship the completed two-, four-, and six-blade razor products throughout the world. This plan was memorialized in or around ...

Excerpt: ...sed on allegations of (1) racial harassment, discrimination, and retaliation in violation of Government Code section 12940, (2) violations of California Labor Code 1102.5 (retaliation), and (3) violation Labor Code section 2802, and (4) requesting a declaration of rights and duties as to the parties. On June 17 and 18, 2021, Defendants UHMG, OHCC, Nguyen, and Saechao served Form Interrogatories – Employment, Set One and Defendants UHMG and OHCC...

Excerpt: ...fendant American International Group, Inc. (“AIG, Inc.”). Plaintiff Doerken is a homeowner who submitted an insurance claim to AIG Property Casualty in January 2019 after Doerken hired Colorado Mold Services (“CMS”) to perform an inspection of his family's home, located at 205 16th Street, Manhattan Beach, California, which turned up the presence of black mold. The purpose of the inspection had been to ensure that an October 2018 water lo...

Excerpt: ... a certain lotion, cream, topical ointment or transdermal (“Subject Product”), which was purchased by Lujan on or about February 2, 2012. Specifically, this action involves efforts of parents to obtain damages for the death of their child from individuals and entities they allege manufactured a medical compound, which their child's death. Plaintiffs allege the subject product was defective at the time of its sale, not of merchantable quality ...

Excerpt: ...remainder of the Board for a variety of reasons, including allegations of threats and assaults against other Board—none of which the Court can substantiate from the documents submitted by the Parties outside of allegations and an application for a restraining order. Mr. Ayoubi first joined the Board of Directors in 2018 and alleges that he was removed from the Board in January 2020 because of his continued efforts to expose financial wrongdoing...

Excerpt: ...ring Street building. Omgivning was hired to modify the Spring Street building as an adaptive reuse of a multi-story historic building into apartments, commercial space and a rooftop deck (“Spring Street Project”). On February 16, 2018, Omgivning initiated this action, alleging four claims against Hellman in its attempt to recover $93,727.66 in payment for service rendered. Hellman Cross-Complainted against Omgivning, (and five individuals) a...

Excerpt: ...money had and received. The Complaint was amended on May 13, 2020. Defendant filed an Answer to the Complaint on May 18, 2020, asserting a general denial and 30 affirmative defenses. In relevant part, on September 23, 2021 SoCal Labs moved for terminating sanctions against the May 18, 2020 Answer on the ground that Defendant was a forfeited foreign LLC and thus could not defend itself in this action. The Court granted this motion on November 4, 2...

Excerpt: ...r Court, the Honorable David Sotelo, Judge presiding. Daniel R. Wildish and Charles H. Smith appeared on behalf of Plaintiff/Cross-Defendant, SALVADOR A. MELENDEZ (“Melendez”), and Mark Waecker and Jessica Grazul appeared on behalf of Defendant/Cross- Complainant, INGRID BONILLA (“Bonilla”). The Court announced its decision on December 14, 2021, in favor of Melendez and against Bonilla, and requested that counsel for Melendez prepare a pr...

Excerpt: ...nhattan Beach, CA. The purpose of the inspection was to ensure that an October 2018 water loss had properly been repaired by AIG Co. CMS and Doerken determined the black mold were caused by heavy rains between November 2018 and April 2019. Mold was found in the family room, laundry room, master bedroom, kitchen, living room, and beach room. Defendant J.S. Held, an engineering company, was hired by Defendant AIG to review CMS's findings. Held insp...

Excerpt: ...fraud allegations arising from the same facts. Plaintiffs Virginia Serena Hermenegildo and Fernando A. Romano Orrego purchased a 2016 Kia Optima from a car dealership. Prior to their purchase, Plaintiffs reviewed a sales brochure detailing a Gasoline Direct Injection (GDI) mechanism used in the Optima's engine. Unknown to Plaintiff, the GDI contained a defect restricting the oil flow to vital engine parts, including but not limited to the connect...

Excerpt: ... obtained by Plaintiff in the purchase of a home located at 1063 Avenue C, Redondo Beach, CA 90277 (Property), escrow for which closed in May 2015. (See ibid.) Plaintiffs contracted insurance with Cal Auto through Ganis Insurance Services, and an authorized agent and representative of Cal Auto. (Ganis UMF No. 2; FAC, ¶ 8; Ganis Decl., ¶ 9.) With Ganis Service's assistance, the Boesen elected the Policy at issue. The Policy insured Plaintiffs ag...