Excerpt: ...rvice of Summons and Complaint. Discussion Defendant argues that service of the Summons and Complaint must be quashed due to lack of personal jurisdiction for failure to serve Summons and Complaint. “A defendant . . . may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. . . .” CCP § 418.10(a). A court lacks jurisdic...

Excerpt: ...; (3) constructive trust; and (4) declaratory relief. Now, Defendant moves for a judgment on the pleadings. The motion is unopposed. Discussion Defendant argues that Plaintiff's motion is barred by res judicata/collateral estoppel. The doctrine of res judicata precludes the re -litigation of certain matters which have been resolved in a prior proceeding under certain circumstances. (Brinton v. Bankers Pension Services, Inc. (1999) 76 Cal.App.4th ...

Excerpt: ...C (Plaintiff) filed suit against Equity Partners, LTD and Christopher Lee, alleging: (1) breach of lease and (2) breach of guaranty of lease. Defendants asserted a Cross -Complaint for: (1) Breach of Lease; and (2) Detrimental Reliance. On 8/22/2023, the Court granted Plaintiff/Cross -Defendant's motion for summary adjudication of the issue of reformation, and Defendants/Cross -Complainants claim for detrimental reliance. Now, Plaintiff moves for...

Excerpt: ...1) quiet title; (2) cancellation of written instrument based upon fraud; (3) cancellation of written instrument based upon non -delivery; (4) recission; (5) slander; (6) fraud; (7) violation of California Business and Professions Code; (8) declaratory relief; and (9) injunctive relief. On 1/17/2024, Plaintiff moved for leave to amend a second amended complaint (SAC). Discussion Plaintiffs seek leave to amend to clarify their allegations. In its r...

Excerpt: ...zy Mills Production, Inc., Sean Hayes, Todd Milliner, Ben Beins, 2 Arts Entertainment, LLC, David Miner, and Max Silverstri. Now, Plaintiff moves to lift the stay in discovery to conduct limited discovery pursuant to CCP section 425.16(g) and to continue Defendants' special motion to strike. Discussion Plaintiff moves to lift the stay in discovery to conduct limited discovery to support her opposition to Defendants' pending anti -SLAPP motion. Af...

Excerpt: ... Health (collectively, Defendants/Judgment Debtors), alleging: (1) breach of contract; (2) breach of implied in fact contract; (3) open book account; and (4) account stated. Now, Plaintiff/Judgment Creditor Hospice Source, LLC (Hospice Source) moves for an order assigning to it the interest, if any, of Defendants/Judgment Debtors. The motion is unopposed. Factual Background On March 8, 2024, judgment was entered in favor of Hospice Source against...

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: ...(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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...'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: ...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: ...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;...