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: ... 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: ...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: ...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...

Excerpt: ...rs LLC (“Defendant”) on April 11, 2023. On September 26, 2023, Plaintiff served 56 requests for production, 5 of which are at issue here. (Liu Decl., Ex. 7). On the same day, Plaintiff propounded discovery requests, Plaintiff sent a meet -and-confer letter regarding Electronically Stored Information (“ESI”). GM served Plaintiff with full and complete responses to Plaintiff's Requests for Production on October 25, 2023. (Liu Decl., Ex. 8 a...

Excerpt: ...Complaint is DISMISSED with prejudice against Defendant Redwood Fire and Casualty Insurance Company. On July 20, 2022, Plaintiffs Ghazar Shabazyan and Gold Point Towing Inc. (Plaintiffs) filed suit against Defendants Berkshire Hathaway Homestate Insurance Company (Berkshire), Redwood Fire and Casualty Insurance Company (Redwood), Coverhound LLC dba Coverhound Insurance Solutions (Coverhound), and DOES 1 - 50 (collectively, Defendants) alleging: (...

Excerpt: ...ntiff”) filed a complaint against defendants YHALLTOGETHER, Inc. (“YT”), Young Hee Seo (“Young”) and Does 1-50 (“Defendants”) alleging three causes of action for (1) conversion, (2) retaliation, and (3) w rongful termination. Young is YT's CEO and CFO. (Compl., ¶ 3.) In late September or early October 2023, Plaintiff began working as a cashier at a restaurant owned by Defendants. (Compl., ¶ 11.) Plaintiff alleges that was subject ...

Excerpt: ...through her successor- in-interest Tiffany Newman, and Tiffany Newman individually filed suit against KND Development 52, LLC dba Kindred Hospital Baldwin Park as Defendant and Debbie Newman, Donna Shelvin, Wesley Newman, Marion Newman, Christine Newman, and Jill Newman as nominal Defendants. On 1/6/2023, Plaintiff filed a first amended complaint (FAC). On 5/15/2023, Plaintiff filed a second amended complaint (SAC) alleging: (1) elder abuse; and ...

Excerpt: ...Plaintiff Jose Guadalupe Soto-Rodriguez' (Plaintiff) claim that he developed silicosis and consequential injuries through his employment working with stone products manufactured, distributed, and/or supplied by Defendants. On February 2, 2024, Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed the operative first amended complaint against 39 Defendants, alleging: (1) negligence; (2) strict liability —war...

Excerpt: ...ran Abshah, IPN TV, and Does 1 -100. Eghbali is a principal and sole shareholder of Eghbali Inc. and the president of Ayenah. Oitn stands for Omid Iran TV. Rafiee is a principal and officer of Oitn. Abshah is a principal and shareholder of IPN. Eghbali is a Persian artist/vocalist and social activist. Party's Request : Defendant Abshah moves for a protective order confirming the automatic stay of all proceedings, including discovery, as to Abshah...

Excerpt: ...istleblower retaliation; (2) wrongful termination; (3) non - payment of earned wages; (4) failure to reimburse business expenses; (5) failure to pay overtime wages; (6) failure to provide duty-free meal periods; (7) failure to provide duty free rest periods; (8) failure to provide accurate itemized wage statements; (9) deficient pay penalties; and (10) waiting time penalties. Amallal moved for summary judgment on the grounds that he was not Plain...

Excerpt: ...nt; (3) conversion in violation of Penal Code section 496; and (4) money had and received. On 2/21/2024, Plaintiff moved for leave to amend to file a first amended complaint (FAC). Discussion Plaintiff argues that good cause exists to grant leave to amend to allow new facts to be alleged. After review, the Court agrees. Plaintiff does not seek to add any new causes of action. Rather, Plaintiff seeks to add new allegations that Defendants knowingl...

Excerpt: ...nd Jacqueline Ferrari aka Jacqueline Wilson. On 6/30/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, Defendants demur to Plaintiff's FAC. Discussion Defendants argue that subject matter jurisdiction is lacking in this matter, that Plaintiff does not have standing to pursue these claims...

Excerpt: ...'s Restaurant, Inc. (Defendant), alleging: (1) failure to pay minimum wages; (2) failure to pay overtime compensat ion; (3) failure to provide meal periods; (4) failure to authorize and permit rest breaks; (5) failure to indemnify necessary business expenses; (6) failure to timely pay final wages; (7) failure to provide accurate itemized wage statements; and (8) unfair business practices. On 2/8/2024, Defendant demurred to Plaintiff's Complaint. ...

Excerpt: ...AC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (G RI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 1/29/2024, the Govind Parties moved to disqualify Mr. Alfred Anyia as counsel. Discussion The Govind Parties argue that Mr. Alfred Anyia should be disqualified as counsel for Prashant and Mita based on ...

Excerpt: ...ties; (3) failure to reimburse business expenses, and violation of B usiness and Professions Code section 17200. On 2/20/2024, Plaintiff moved for leave to file a first amended complaint (FAC) Discussion Plaintiff seeks leave to amend to file a FAC. The proposed amendment would add factual allegations and causes of action related to (1) threats to hurt or kill Plaintiff and her family made by Defendant Chaudhari and Plaintiff's emotional distress...

Excerpt: ...gal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. ( See Code Civ Proc., §§ 435- 437.) A motion to strike can be made to strike irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of the cou...

Excerpt: ... through her guardian ad litem Arely I. Perez, Justin N. Perez, a minor by and thro ugh her guardian ad litem Arely I. Perez, Flor De Maria Marroquin, Angela V. Garcia minor by and through her guardian ad litem Flor De Maria Marroquin, and Yanelin R. Perez filed suit against Beach City Properties, alleging: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of covenant of quiet enjoyment; ...

Excerpt: ...s of entry of this order. The Court previously sanctioned Southern Motion, jointly and severally with counsel, $2,800. Now, the Court sanctions Southern Motion, jointly and severally with counsel, $5,600, payable within 20 days of entry of this order. On 2/21/2020, Plaintiff Era Nouveau Holdings, LLC (ENH or Era Nouveau or Enouvation) filed a Complaint against Southern Motion, Inc. (SM or Southern Motion), setting forth a claim for declaratory re...

Excerpt: ...1600 provides: (a) Time for service of memorandum Within 10 days after filing notice of intention to move for a new trial in a civil case, the moving party must serve and file a memorandum in support of the motion, and within 10 days thereafter any adverse party may serve and file a memorandum in reply. (b) Effect of failure to serve memorandum If the moving party fails to serve and file a memorandum within the time prescribed in (a), the court m...

Excerpt: ...IED IN PART, consistent with the ruling set forth below. Accordingly, the Court declines to award sanctions as part of this motion. On 11/4/2022, Plaintiff Jane Doe C.J. filed suit against Doe #1 (a public entity) and Doe #2 alleging personal injuries and damages from childhood sexual abuse. On 10/10/2023, Plaintiff moves to compel further responses From Defendant to her Form Interrogatories and her Requests for Production (RFPs). For ease, the C...

Excerpt: ...er against Wen Xie, Ravinder S. Grewal, Happy Day, Inc dba Baker Travel Plaza., and Glenwind Enterprises. On 1/30/2024, Michael A. Foster moved for an order to deposit stock certificates with the Court. Foster also seeks attorney fees and costs totaling $13,570.17. Factual Background Foster seeks to deposit stock certificates which are in his possession, and which are the subject of a dispute over ownership. That ownership dispute is the subject ...

Excerpt: ...ur laws— unpaid vacation; (3) violation of rest period law; (3) violation of meal period law; (5) violation of wage and hour laws —unpaid overtime wages; (6) failure to pay wages; (7) failure to provide accurate wage statement; (8) violation of Labor Code section 2810.5; (9) failure to provide COVID-19 paid sick leave; (10) violation of per diem rates; (11) waiting time penalties; (12) violation of Business and Professions Code section 17200;...

Excerpt: ...scrimination based on sex/gender; (2) failure to accommoda te; (3) failure to engage in timely and good faith interactive process; (4) retaliation; (5) harassment based on disability and sex/gender; (6) failure to prevent; (7) whistleblower retaliation; (8) violations of California Fair Pay Act; and (9) wrongful discharge in violation of Public Policy. On 1/22/2024, Defendants moved to compel Plaintiff to arbitrate her Complaint. Legal Standard W...

Excerpt: ...prevent discrimination; (5) disability discrimination; (6) failure to accommodate; and (7) failure to engage in the interactive process. On 12/14/2023, Plaintiff moved to file a Second Amended Complaint (SAC). Discussion Plaintiff seeks to leave to amend to delete his allegations regarding disability discrimination, and to add allegations of race/ethnic discrimination. The policy favoring leave to amend is so strong that it is an abuse of discret...

Excerpt: ...Health Sciences, Inc., Edward W. Withrow III, Calli Bucci, and Shala Melamed (collectively, Defendants). On November 19, 2018, Plaintiff filed a first amended complaint (FAC) against Defendants, alleging: (1) failure to pay wages; (2) failure to indemnify; (3) wrongful termination; (4) retaliation—Government Code 12940, subdivision (h); (5) retaliation—Labor Code section 6310; (6) retaliation—Labor Code section 1102.5; (7) fraud; (8) failur...

Excerpt: ...mplaint. On 2/20/2024, Plaintiff opposed. Discussion Defendant argues that Plaintiff's Complaint must be dismissed on the following grounds: ( 1) The Plaintiff does not have standing or legal capacity to sue; (2) There is another action pending between the Plaintiff and Defendant on the same cause of action; (3) The court lacked subject matter jurisdiction over the unlawful detainer cause of action because the Defendant was not served with any of...

Excerpt: ...ing: (1) rescission; (2) complaint in equity to set aside; (3) fraud; (4) fraud; (5) common counts; (6) common counts; (7) constructive trust; and (8) negligent infliction of emotional distress. Now, Chabad of Ojai Valley (COV) moves to set aside judgment and dismiss this case for lack of jurisdiction over the internal affairs of trusts. Discussion This action arises out of a Stipulated Judgment entered 2/6/2023, which struck, in part, a $75,000 ...

Excerpt: ..., alleging a violation of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. On 2/5/2024, Defendant moved for a judgment on the pleadings. On 2/16/2024, Plaintiff opposed. Discussion Defendant argues that it is entitled to a judgment on the pleadings because Plaintiff's Notice of Violation is defective, and Prop 65 requires strict compliance with pre-suit notice requirements. In support of the first contention (i.e, the No...

Excerpt: ...laintiff or CBD) filed suit against Central Jersey Doors & Closets, LLC, Mary Conway, William Conway, One Day Doors and Closets, Inc., and One Day Enterprises, alleging: (1) breach of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. On 2/1/2024, Plaintiff CBD filed a renewed motion to compel further responses to Defendants' s...

Excerpt: ...each of contract and declaratory judgment. On 8/2/2023, the Court granted CDE's motion for summary adjudication and motion in limine no. 1. On 1/25/2024, Plaintiff moved for an order lifting the stay of these consolidated civil actions and directing the clerk to enter judgment in BC705147 and 19STCV12595. Discussion On June 16, 2023, the Court held a hearing on the motion for summary adjudication and a related motion in limine. (Heyn Decl. ¶ 6.)...

Excerpt: ...d a first amended complaint (FAC), alleging the same causes of action. Now, Defendant demurs to Plaintiff's FAC. Discussion Defendant argues that Plaintiff has not alleged sufficient facts to support her claims. As a preliminary matter, Plaintiff filed an amended complaint. However, California law is clear that a party may only amend its pleading once without leave of Court. (CCP § 472.) Given that Plaintiff already filed a FAC without leave of ...

Excerpt: ...ornia. Plaintiff is sanctioned, jointly and severally with counsel, $1,100, payable within 20 days. On 6/24/2022, Plaintiff Alfredo Lopez (Plaintiff) filed suit against Martin L. Berman, Esq., Law Offices of Pflaster & Berman, and Edward J. Siegler, Esq., alleging: (1) legal malpractice; and (2) breach of fiduciary duty. On 2/9/2023, Defendants Martin L. Berman, Esq. and Law Offices of Pflaster & Berman moved to compel the deposition of Plaintiff...

Excerpt: ...on to compel further responses to its RFPs is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. Plaintiff's motion to compel further responses to its FROG No.17.1 is GRANTED. Defendants are sanctioned, jointly and severally with counsel, $1,400. Responses are due within 10 days, sanctions payable within 30 days. On 4/21/2022, Plaintiff CBD Franchisin...

Excerpt: ...) fraud. On 5/26/2020, Zhou Cai and Vita Selection, Inc. filed a cross -complaint against Miawa Investment, Maggie-Dawson, Inc., Juan Li, and Seven Bubble, Inc., alleging: (1) breach of contract; (2) common counts; (3) fraud; (4) intentional tort; and (5) general negligence. On 3/1/2022, Vista Selection, Inc. filed a cross-complaint against MKM Trading, LLC and Christie Ly (collectively, MKM Defendants), alleging: (1) breach of contract; and (2) ...

Excerpt: ...o reimburse business expenses, and violation of Business and Professions Code section 17200. On 11/7/2023, Plaintiff moved to quash Defendant Fountain of Wellbeing, Inc.'s deposition subpoena for production of business records issued to David Belasco. Factual Background This action pertains to a business dispute brought by the former CEO of a cannabis company. Discussion Plaintiff argues that Defendant's deposition subpoena must be quashed becaus...

Excerpt: ...r quod; (3) violation of the Unruh Act; (4) violation of the Ralph Act; (5) violation of the Bane Act; (6) assault; (7) negligence; and (8) intentional infliction of emotional distress. Now, Defendants move to strike portions of Plaintiff's Complaint. Legal Standard Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ Proc., §...

Excerpt: ...f of Graphic Research, Inc. dba Gtek/Bycan Systems filed a second amended complaint (SAC) against Prashant Vaghashia (Prashant), Graphic Research, Inc. dba Gtek/Bycan Systems (GRI), alleging: (1) involuntary dissolution; (2) breach of fiduciary duty; (3) accounting; and (4) violation of Corporations Code sections 1601 and 1602. On 2/1/2024, Prashant and Mita moved for an order enforcing the compliance of the Govind Parties with the terms of the S...

Excerpt: ...sing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; (4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) breach of the implied covenant of quiet enjoyment. On 12/08/2023, Plaintiff moved for summary adjudi...

Excerpt: ... Act. On 11/9/2023, Plaintiff moved to compel the deposition of Defendant's PMK. Discussion Plaintiff argues that an order compelling Defendant to produce a PMK is necessary. Plaintiff argues that Defendant has failed to produce a witness to be deposed on the noticed categories, and has engaged in gamesmanship. In opposition, Defendant indicates that it agreed, and remains willing, to produce a PMQ on 9 of the 23 categories in Plaintiff's PMK dep...

Excerpt: ...the Sheriff's Department), and former Los Angeles County Sheriff Alex Villanueva (Villanu eva), in his official capacity (collectively, Defendants), alleging: (1) breach of contract; (2) services rendered/quantum meruit; (3) promissory estoppel; and (4) open book account. Now, Defendants demur to Plaintiff's Complaint. Factual Background This action arises out of fees allegedly owed to Plaintiff incurred during its representation of Villanueva in...

Excerpt: ...st Ai Ai Leung, Patrick Lau, and AP Development, LTD (collectively, Defendants), alleging: (1) housing discrimination; (2) violation of Unruh Civil Rights Act; (3) general negligence; ( 4) negligent infliction of emotional distress; (5) intentional infliction of emotional distress; (6) violation of privacy; (7) unlawful entry into dwelling; (8) unlawful termination of utility by landlord; (9) unlawful obstruction of access to property; and (10) b...

Excerpt: ... and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformat ion of contract. Now, Defendant moves for reconsideration of the Court's 10/18/2023 Order. Discussion Defendant seeks reconsideration of the Court's 10/18/2023 wherein the Court partially granted Plaintiff's request for an order of assignment, dire...

Excerpt: ...neral Motors, LLC (Defendant), alleging: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty; and (6) fraud by omission. Now, Plaintiff moves for an award of attorney fees and costs totaling $44,995.58. Legal Standard The party claiming attorney...

Excerpt: ...it against 12 distinct Defendants alleging: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) business and professions Code section 17200; (5) negligence; (6) breach of the covenant of quiet enjoyment; (7) intentional infliction of emotional distress; (8) negligence per se; (9) violation of Consumer Legal Remedies Act (CLRA); (10) toxic environmental mold tort; (11) violatio...

Excerpt: ...od Samaritan Hospital, Jonathan R. Saluta, M.D., Terrence J. Fitzgibbons, M.D., and Jigar Kadakia, M.D., alleging negligence and medical malpractice. Now, Plaintiff moves to tax costs. Discussion Plaintiff seeks to tax the following costs: - Item 8b: Expert Fees: $12,747.34 - Item 12: $1,222.20: Transcripts As to the expert fee costs, fees of experts not ordered by the court are not ordinarily recoverable as costs. (CCP § 1033.5, subd. (b)(1).) ...

Excerpt: ...ctively, Defendants), alleging: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) unjust enrichment; (4) intentional misrepresentation; (5) negligent misrepresentation; and (6) violation of Business and Professions Code section 17200. On 3/3/2022, Cross-Complainants Quantgene, Inc. and Johannes Bhakdi filed a cross-complaint (XC) against Cross-Defendants Sebastian Donovan and Arconex, alleging: (1) breach ...

Excerpt: ... or UCLA), alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) failure to accommodate; (6) failure to engage in interactive process; and (7) whistleblower retaliation. Now, Defendant moves to compel Plaintiff to submit to an Independent Medical Examination (IME). Legal Standard CCP section 2032.210 provides: (a) If any party desires to obtain discovery by a physica...

Excerpt: ...Family Trust filed suit against Strong Wealth Management LLC and George G. Strong III, alleging: (1) fraud; (2) breach of fiduciary duty; (3) negligence; (4) breach of contract; and (5) financial elder abuse. Now, Defendants move for new trial, and set aside the judgment. Legal Standard A verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues o...

Excerpt: ...Au (Plaintiff) filed suit against Enzo Zelocchi, Kenneth Childs (Childs), and David Do, alleging: (1) intentional infliction of emotional distress; (2) attempted extortion; (3) aiding and abetting attempted extortion; (4) false light; and (5) defamation per se. Now, Enzo Zelocchi (Defendant) moves for a judgment on the pleadings. Discussion Defendant argues that Plaintiff's claims against him are not factually supported, and are merely factual co...

Excerpt: ...iability; (2) breach of the implied warranty of merchantability; (3) breach of implied warranty of fitness; (4) negligence; and (5) property damage. Now, Defendant Costco (Defendant) demurs to the fourth cause of action. Defendant also moves to strike portions of Plaintiff's Complaint. Factual Background Plaintiff's claim arises out of a refrigerator that she allegedly purchased from Costco, and which was installed by Defendant Jose, LLC. The ref...

Excerpt: ...tive, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an employment action. Plaintiff Kathleen Sullivan seeks to quash or modify a subpoena issued by Defendant Los Angeles Community College District to her labor union, LA College Faculty Guild Local 1521. Code of Civil Procedure § 1987.1 authorizes courts to quash a subpoena entirely, modify it, or direct compliance with it upo...

Excerpt: ...) violation of the Consumer Legal Remedies Act; (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 section 7071.5. Now, Defendant/Cross-Complainant All In Credit Union (AICU) moves for leave to file a First Amended Cross-...

Excerpt: ...oss-Complainant Los Angeles Centers for Alcohol and Drug Abuse, Inc. (LA CADA) filed a cross-complaint against Katherine Sang Eun Koo and Susan Ho (collectively, Cross-Defendants). Now, Defendant Connie Chung (Defendant) moves for summary judgment of Plaintiff's claims against her. Discussion Defendant argues that Plaintiff cannot establish a triable issue of material fact of liability as to Defendant because she neither owed nor breached any dut...

Excerpt: ...it against Ford Motor Company and Santa Monica Ford Lincoln, alleging violations of the Song-Beverly Act and negligent repair. Now, Plaintiff moves for attorney fees totally $21,878.00 and costs totaling $1,149.19. 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 attorne...

Excerpt: ...egal malpractice; (2) breach of fiduciary duty; and (3) breach of contract. Now, Defendants Elizabeth T. Pierson and Elizabeth T. Pierson dba Gillpierson, LLP (collectively, Pierson Defendants) demur to Plaintiff's Complaint. The motion is unopposed. Factual Background Plaintiff alleges that it engaged Co-Defendant Joelle M. Drucker (Ms. Drucker) on or about June 17, 2022 for representation in connection with the underlying probate proceeding sty...

Excerpt: ...t stone Dean, LLP, Gregory E. Stone, Lesllie A Blozan, Kristi W. Dean (collectively, Defendants), alleging: (1) intentional interference with contract; (2) breach of fiduciary duty; (3) fraud; and (4) conversion. Now, Defendants demur to Plaintiff's Complaint. Factual Background On 2/26/2018, Steven Mazur was injured in a car vs. bicycle accident. He retained Plaintiff, who filed suit on his behalf on March 19, 2018, and tentatively settled the c...

Excerpt: ...eles, alleging: (1) disability discrimination; (2) age discrimination; (3) religion discrimination; (4) race discrimination; (5) harassment in violation of FEHA; (6) retaliation in violation of FEHA; (7) failure to prevent; (8) failure to accommodate; and (9) failure to engage in interactive process. Now, the City of Los Angeles (Defendant or the City) demurs to Plaintiff's first, second, third, fifth, sixth, seventh, eighth, and ninth causes of ...

Excerpt: ... trustee of the Hyung Shin Na Livign Trust U/A, dated 7/14/2017 (collectively, Plaintiffs) filed suit against Glenhurt Ventures, LLC (Defendant), alleging: (1) violations of building standards for original construction pursuant to California Civil Code section 896 and 897. Now, Defendant moves to compel Plaintiffs to arbitrate its Complaint, and stay this proceeding pending the completion of arbitration. Legal Standard Where the Court has determi...

Excerpt: ...ifford E. Peter Allen, St. James Oil Corporation, and the Archdiocese of Los Angeles, alleging: (1) negligence; and (2) strict liability for ultrahazardous activity. Now, Defendants Allenco Energy, Inc., Timothy James Parkers, and Clifford E. Peter Allen (collectively, Defendants) move to bifurcate trial. Discussion Defendants seek the bifurcation of trial into two phases: a first phase focused on general medical causation of whether exposure to ...

Excerpt: ...gment/adjudication is MOOT as to Plaintiff. On 8/23/2021, Plaintiffs Grant Grigoryan and Gorbushka, LLC (collectively, Plaintiffs) filed suit against Stewart Title of California, Inc., Grand Pacific Financing Corporation c/o Beacon Default Management, Inc., and EBR Escrow (EBR), alleging: (1) fraud; (2) conversion; and (3) identity theft. On 11/3/2023, Defendant EBR Escrow filed a motion for summary judgment. On 1/5/2024, Plaintiff dismissed the ...

Excerpt: ...ligence; (2) strict liability—warning defect; (3) strict liability—design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. Now, Plaintiff moves for a reciprocal order for the preservation of evidence. Discussion Plaintiff argues that a reciprocal order for the preservation of evidence should be entered as to all product supply records, i.e., all records regarding the sale, distribution, supply,...

Excerpt: ... California, Los Angeles (Defendant or UCLA), alleging: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment, and retaliation; (5) failure to accommodate; (6) failure to engage in interactive process; and (7) whistleblower retaliation. Now, Defendant moves for summary judgment or, in the alternative, summary adjudication. Factual Background Plaintiff was a career food services worker at UCLA. He a...

Excerpt: ...nd Stephanie Griffith (collectively, Plaintiffs) filed suit against Jaguar Land Rover North America, LLC (Defendant), alleging violations of the Song-Beverly Act. Now, Plaintiffs move for $87,821.25 in attorney fees and costs totaling $1,535.53. 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....

Excerpt: ... motion is GRANTED, WITH 10 DAYS LEAVE TO AMEND, as to the allegations concerning the 2017 Complaint. - The motion is SUSTAINED, WITHOUT LEAVE TO AMEND, as to the punitive damages prayer against the City and the first, third, fourth, sixth, seventh, ninth, and tenth cause of action against Individual Defendants. On 6/7/2023, Plaintiff Adan Iman (Plaintiff) filed suit against the Bureau of Sanitation, City of Los Angeles, Rowena Lau, Eva Sung, Lis...

Excerpt: ...t; (2) common count—quantum meruit; (3) common count—account stated; (4) common count—open book account; and (5) foreclosure of mechanic's lien. Now, Defendant Santa Cerritos, Inc. (Defendant) moves for summary judgment, or in the alternative, summary adjudication of Plaintiff's Complaint. Factual Background Plaintiff alleges that it is owed for construction work it performed as a general contractor pursuant to a written contract with Defen...

Excerpt: .... Discussion Plaintiff claims $1,841.40 in costs. Defendant contends that $681.35 of these costs should be taxed. After review, the Court disagrees. There is no dispute that Plaintiff is the prevailing party, and thus is entitled to recover costs. (Civ. Code § 1794(d).) However, Defendant objects to the following costs: (1) $150.00 for “Jury Fees.” (2) $83.70 for “Witness List; Jury Instructions.” (3) $147.65 for “Preparation for Trial...

Excerpt: ... moves for a judgment on the pleadings. Discussion Defendant argues that Plaintiff's claims should be dismissed because they are legally impermissible as a violation of the California Constitution. More specifically, Defendant argues that AB 218—which extended the statute of limitations in child sexual abuse cases and relieved such plaintiffs from the government claim requirement—is unconstitutional, because it purports to retroactively exemp...

Excerpt: ...ttorneys fees and costs related to his arbitration. Now, Petitioner moves to compel Respondent to arbitrate and pay Petitioner's reasonable attorneys fees and costs related to his arbitration. Discussion Petitioner seeks to compel Respondent to participate in arbitration, and seeks attorney fees on the basis that MediaLab did not pay arbitration fees within 30 days of receipt of the invoice and thus is in material breach of the agreement to arbit...

Excerpt: ... or PIH), 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 9/21/2023, PIH filed a first amended cross-complaint (FXC) alleging: (1) declaratory relief; (2) restitution/unjust enrichment; (3) mistaken receipt...

Excerpt: ...) aiding and abetting attempted extortion; (4) false light; and (5) defamation per se. Now, Defendant Childs (Defendant) moves for a judgment on the pleadings as to the three causes of action asserted against him. Discussion Defendant argues that Plaintiff cannot state a claim for the three causes of action asserted against him—IIED, attempted extortion, and aiding and abetting extortion— because Plaintiff has not alleged sufficient facts to ...

Excerpt: ...led a first amended complaint (FAC) alleging: (1) declaratory relief; (2) trespass; and (3) private nuisance. Now, Plaintiff moves to compel Defendant's compliance with the subpoena for business records served on M&G Civil Engineering & Land Surveying (M&G). Discussion Plaintiff served a subpoena for business records on M&G on October 5, 2021. M&G's deposition was conducted on May 24, 2023. M&G produced documents on June 12, 2023. (Erigero Decl. ...

Excerpt: ...Plaintiff to arbitrate her Complaint and stay the action pending the completion of arbitration proceedings. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission...

Excerpt: .... (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 9/20/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) promissory fraud (3) fraudulent concealment; and (4) breach of fiduciary duty. Now, Defendant Keaton Keller (Defendant) demurs to the second and third causes ...

Excerpt: ...lure to provide reasonable accommodations; (5) failure to engage in good faith interactive process; (6) violation of California Family Rights Act (CFRA); (7) declaratory judgment; (8) wrongful termination; (9) denial of and discrimination based upon the use of sick leave; (10) failure to pay wages; (11) failure to pay minimum wages; (12) failure to pay overtime compensation; (13) failure to provide meal and rest periods; (14) failure to provide i...

Excerpt: ... Janet Baggett and Preston Sertich filed suit against David Rojas and the City of Los Angeles (COLA), alleging (1) invasion of privacy; (2) intentional infliction of emotional distress; (3) negligence; (4) mishandling of human remains; (5) violation of human remains; (5) violation of Civil Code section 1708.85; (6) intrusion into private affairs; and (7) violation of mandatory statutory duties. Now, Defendant David Rojas (Rojas) moves for a prote...

Excerpt: ... Medina Gomez aka Gabriela Medina and Janneth Elizalde (collectively, Plaintiffs) filed suit against General Motors, LLC, alleging a violation of the Song-Beverly Act—breach of express warranty. Now, Plaintiffs move to compel Defendant to produce a Person(s) Most Qualified and Custodian of Records to be deposed. Discussion Plaintiffs argue that Defendant must be compelled to produce a PMQ because despite numerous efforts to meet and confer, Def...

Excerpt: ...rance Company, Mount Vernon Fire Insurance Company, Snapp & Associates Insurance Services, LLC (SNAPP), Alkeme Insurance Services, Inc., and Robin Niehaus (collectively, Defendants). On 11/7/2023, Plaintiffs filed a first amended complaint (FAC) alleging: (1) breach of fiduciary duty; (2) negligence; (3) negligent misrepresentation; (4) intentional misrepresentation; (5) breach of contract; (6) tortious breach of the implied covenant of good fait...

Excerpt: ...(1) defamation-libel; (2) defamation-slander; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) malicious prosecution; (6) abuse of process; and (7) injunctive relief. Now, Defendant moves to tax costs. Discussion Defendant seeks an order taxing the following cots: - Item 1: Filing fees totaling $5,007.88. Defendant argues that these should be reduced to $850, and should be equitably reduced fur...

Excerpt: ...Defendant's demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND, as the first cause of action against Virtual and Individual Defendants Karraa and Stephens. Defendant's motion to strike is DENIED. On 12/7/2020, Plaintiffs Anton Karraa, Rabadi Service Station, Inc., J. Keith Stephens, and Virtual Media, In. filed suit against the City of Los Angeles and Outfront Media, LLC alleging: (1) writ of mandate; (2) violation of California Unfair Competitio...

Excerpt: ...intiff) filed suit against Gardena Retirement Center, Inc. dba Gardena Retirement Center (Defendant), alleging: (1) dependent adult abuse/neglect; and (2) negligence. Now, Plaintiff moves to compel compliance with RFPs. Discussion Plaintiff seeks to compel further responses to RFP Nos. 12-15, 21, 23, 38, 46, 53, and 58. After review, the Court agrees and disagrees in part. As for RFP Nos. 12-15, these requests concern Department of Social Service...

Excerpt: ...n answered and cross-complained against Era Nouveau, adding Era Nouveau USA, LLC (EN USA LLC) and Era Nouveau, LLC (EN LLC) as Cross-Defendants and setting forth claims for 1) fraudulent misrepresentations; 2) fraudulent concealment; 3) breach of implied warranty of merchantability; 4) breach of implied warranty of fitness for particular purpose; 5) breach of contract; and 6) violation of Business and Professions Code section 17200. On 5/15/2020,...