Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...

Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...

Excerpt: ...Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed suit against 39 Defendants, alleging: (1) negligence; (2) strict liability —warning defect; (3) strict liability —design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. On 2/5/2024, Defendant Caesarstone LTD (Defendant or Caesarstone) moved for an order allowing Lydecker to withdraw its notice of appear...

Excerpt: ...ract; (3) failure to pay wages when due in violation of California Labor Code section 204; (4) failure to furnish accurate wage statements; (5) failure to pay all wages due on separation; (6) constructive discharge; (7) violation of Business and Professions Code section 17200; and (8) accounting. On 2/13/2024, Plaintiff moved to modify the discovery protective order. Discussion Plaintiff seeks an order modifying the umbrella discovery protective ...

Excerpt: ..., alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS. On 1/26/2024, PIH filed a second amended cross-complaint (SXC) alleging: (1) civil theft; (2) unjust enrichment; (3) mistaken receipt; and (4) violation of sec...

Excerpt: ...rt declines to award sanctions at this time. On 7/6/2023, Plaintiff Sandra Greene (Plaintiff) filed suit against Farmers Insurance Exchange (Defendant), alleging: (1) breach of implied obligation of good faith and fair dealing; (2) breach of contract. On 3/18/2024, Plaintiff moved to compel responses to her Requests for Admission (RFAs), Requests for Production (RFPs), and Special and Form Interrogatories (Set One). Plaintiff seeks monetary sanct...

Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...

Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...

Excerpt: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...

Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...

Excerpt: ...everly Consumer Warranty Act. On 12/14/2023, Plaintiff moved to compel Defendant's initial responses to: (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admissions, Set One; and (4) Requests for Production of Documents, Set One (collectively, t he “Discovery”). Discussion As a preliminary matter, Plaintiff must issue filing fees for four motions, given that this omnibus motion consolidates four differ...

Excerpt: ...ive, motion for summary adjudication is DENIED. Plaintiffs Deanna Turner, Jean Mejia, and Chi Cho's motion for summary adjudication on their first cause of action for violations of the Investigative Consumer Reporting Agencies Act in the Complaint is DENIED. On July 22, 2022, Plaintiffs Stacey Carr- Susor, Chi Cho, Deanna Turner, and Jean Mejia filed suit against Barrington Pacific, LLC (“Barrington Pacific”), and Does 1 through 30, inclusive...

Excerpt: ...n; (4) declaratory judgment; (5) retaliation; (6) retaliation; (7) wrongful termination; (8) failure to pay wages; (9) failure to provide rest periods; (10) waiting time penalties; (11) unfair competition; (12) conversion; and (13) failure to provide itemized wage statement. On 2/29/2024, Plaintiff moved for relief from waiver of objections. Discussion Plaintiff seeks relief from waiver of objections, contending that her failure to provide timely...

Excerpt: ..., alleging: (1) negligence; (2) strict liability— warning defect; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, specially appearing Defendant Stylenquaza LLC moves for an order quashing service of summons and dismissing the action as to Defendant. Background This is a toxic tort case arising from Plaintiff Jose Guadalupe Soto - Rodriguez' (Plaintiff) claim th...

Excerpt: ...nctioned, jointly and severally with counsel, $3,500.00. Plaintiff is directed to address all metadata issues associated with its two most recent productions, within 30 days of entry of this order. If Plaintiff failed to resolve this issue, One Day Defendant may renew its request for an OSC: re contempt. On April 21, 2022, Plaintiff CBD Franchising, Inc. (“Plaintiff”) filed a complaint against Defendants Central Jersey Doors & Closets, LLC, M...

Excerpt: ...ant family Trust, and South Main Street Properties, LLC (collectively, Plaintiffs) initiated thi s action. On 2/8/2024, Plaintiffs filed a verified third amended complaint (TAC) against the Harb Family Trust dated 11/1/1996, the Irrevocable Trust of chou Bo Chan Chiu (1997) for the benefit of Samson Chiu, and Fusion Investments, LLC (Fusion) alleging: (1) decla ratory relief; and (2) quiet title -adverse possession. On 3/7/2024, Fusion demurred t...

Excerpt: ... Offices of Mendlovitz & Sanchez, alleging: (1) breach of written contract; (2) conversion; (3) promissory estoppel; (4) imposition of constructive trust; and (5) declaratory relief. On 1/30/2024, Defendant Michael A. Foster (Defendant) demurred to Plaintiff's Complaint. Discussion Defendant argues that Plaintiff's fourth and fifth causes of action (the only claims asserted against Defendant here) are moot. Plaintiff's Complaint concedes that “...

Excerpt: ...Energy Inc., Timothy James Parker, Clifford E. Peter Allen, St James Oil Corporation, and Archdiocese of Los Angeles. Plaintiff filed the operativ e Second Amended Complaint on September 3, 2021 for (1) negligence and (2) strict liability for ultrahazardous activity. Plaintiff now moves to strike or tax costs set forth in Defendant Roman Catholic Archdiocese's (“Defendant”) memorandum of costs. Defendant opposes. Legal Standard In general, th...

Excerpt: ... Diannah Meams and Adam Meams, by and through his guardian ad litem, Diannah Meams (“Plaintiffs”), filed suit against defendants Cedars -Sinai Medical Center, Larry Froch, M.D. and Christopher Shepherd, M.D. alleging a single cau se of action for medical malpractice wrongful death. On June 20, 2023, this case was transferred to this department from Spring Street Courthouse Department 29 following a determination that this action is complicate...

Excerpt: ...ris Au (Plaintiff) filed suit against Enzo Zelocchi (Zelocchi), Kenneth Childs (Childs), and David Do (Do) (collectively “Defendants”) alleging: (1) Intentional Infliction of Emotional Distress (IIED); (2) Attempted Extortio n; (3) Aiding and Abetting Attempted Extortion; (4) False Light; and (5) Defamation Per Se. On November 22, 2023, Plaintiff filed motions to compel further discovery responses from Childs (hereinafter “Defendant”). Pl...

Excerpt: ...al; PINA REALTY, INC., A California Corporation; and DOES 1 through 20, inclusive; Case No.: 23STCV26987 Hearing Date: April 3, 2024 The Court DENIES the motion to strike. Brief Background On November 2, 2023, Plaintiffs Debbie Mejicanos, Heli Santamaria, Jordy Santamaria, a minor by and through his Guardian Ad Litem, Debbie Mejicanos; Allan Quintalla, Derick Quintalla, and Gessel Rosales (collectively “Plaintiffs”) filed their Complaint in L...

Excerpt: ...S 1 through 10, inclusive. Case No.: 21STCV17667 Hearing Date: April 2, 2024 Defendant Adam Jeffrey Hall's Motion to Expunge Lis Pendens is GRANTED. On January 29, 2020, Plaintiff Sang Rim Son, as Trustee of the Sang Rim Son Living Trust UA dated 9/20/18 (Plaintiff) filed this suit against Defendants Adam Jeffrey Hall; Broker Solutions, Inc. dba New American Funding; Pacific Title Company; Mortgage Electronic Registration Systems, Inc., acting so...

Excerpt: ... The Complaint named (i) Golden Day Schools, Inc. (Golden Day) and (ii) Clark Parker. It is the operative complaint in that civil action. (Heyn Decl . ¶ 3.) On April 10, 2019, the Department filed a second complaint in this Court initiating Case No. 19STCV12595. On November 5, 2019, the Department filed the operative First Amended Complaint in Case No. 19STCV12595. (Heyn Decl. ¶ 4; Ex. 2.) Like the initial com plaint in that case, the First Ame...

Excerpt: ...May 11, 2021, Plaintiffs Michael Horner and Thomas Horner, as Co-Trustees of the Horner Family Trust (Plaintiffs) filed this suit against Defendants Strong Wealth Management LLC; George G. Strong III (Defendants); and DOES 1 -10, inclusive, alleging (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; and (5) financial elder abuse. Plaintiffs move for an award of reasonable attorneys' fees against Defendants in the sum...

Excerpt: ...37- 60, and 70. The Motion is denied as to RPD Nos. 1, 14, 15, and 16. Background - Procedural History On June 14, 2023, LWL Co., Inc., (Plaintiff) filed a Complaint against Ford Motor Company (Defendant) for two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. After Plaintiff propounded Requests for Production on October 2, 2023, respon...