Excerpt: ... adopt the tentative ruling as the final ruling. Defendant is a business partner of Plaintiffs, but has engaged in an aggressive, harassing and defamatory social media campaign against Plaintiffs, causing emotional distress and interference with business relationships. Defendant has also been using the business' brand, name and likeness in violation of the agreements. Defendant Dr. Donald Davidson brings a motion for attorneys' fees incurred in b...

Excerpt: ... adopt the tentative ruling as the final ruling. Plaintiff alleges that she was retaliated against for serving on jury duty. Plaintiff began to suffer stress and anxiety, which caused her health problems such as migraines and intestinal issues, that required time off work. Plaintiff was eventually terminated on the basis of her disability and use of sick time. Defendants IAT Insurance Group and Bryan Orfila move for summary judgment or, in the al...

Excerpt: ...adopt the tentative ruling as the final ruling. Defendant failed to pay Plaintiff the full $6,150,000.00 purchase price for a 1974 Porsche 911 RSR motor vehicle. Plaintiff ended up selling the vehicle to a different buyer for a lower price ($5,250,000.00). Plaintiff Fica Frio Limited moves for an order designating certain documents produced by Fica Frio in discovery as entitled to confidentiality protections set forth in the Stipulated Protective...

Excerpt: ...ven and the parties do not appear, the Court will adopt the following tentative ruling as the final ruling. TENTATIVE RULING RE: (1) MOTION TO QUASH SERVICE OF SUMMONS; (2) MOTION TO DISMISS; (3) DEMURRER TO SECOND AMENDED COMPLAINT; (4) MOTION TO STRIKE Plaintiffs allege that Defendant committed legal malpractice in handling the underlying property damage claim and personal injury claim arising from an apartment fire. On September 24, 2019, the ...

Excerpt: ...d the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants manufacture, distribute and sell plastic bags which contain Di [2-Ethylhexyl] Phthalate (“DEHP”), a chemical known to the State of California to cause cancer and/or reproductive harm and Diisononyl Phthalate (“DINP”), a chemical known to the State of California to cause cancer. Defendant allegedly fails to give cle...

Excerpt: ...the tentative ruling as the final ruling. Plaintiff alleges that Defendants have denied Plaintiff meal and rest breaks and failed to pay meal and rest break premiums. Plaintiff asserts wage and hour claims, as well as a claim for civil penalties pursuant to PAGA. Defendant L.A. Junkies, Inc. moves for summary adjudication as to the PAGA cause of action. TENTATIVE RULING Defendant L.A. Junkies, Inc.'s motion for summary adjudication as to the four...

Excerpt: ... tentative ruling as the final ruling. Plaintiff alleges that Defendant has failed to account for and pay Plaintiff its share of revenue from the sale, distribution, and other exploitation of Plaintiff's feature-length dramatic motion picture entitled Toxin. Plaintiff Spores Movie, LLC moves for leave to file a Second Amended Complaint. TENTATIVE RULING Plaintiff Spores Movie, LLC's motion for leave to file a Second Amended Complaint is DENIED. A...

Excerpt: ...the tentative ruling as the final ruling. Plaintiffs sue Defendants for failure to bring the subject vehicle into compliance with express and implied warranties and failing to repurchase the vehicle (as to FCA), and negligent repair (as to W & B Automotive, Inc.) The parties settled this lawsuit, and Plaintiffs now seek an award of attorney's fees, costs and expenses. TENTATIVE RULING Plaintiffs Jaime Alfaro and Tania Alfaro's motion for attorney...

Excerpt: ...the tentative ruling as the final ruling. Plaintiff alleges that he used the restroom at Defendant's Ralphs grocery store after obtaining the entry code from the seafood manager, but that the store manager pounded on the door and entered while Plaintiff was using the restroom and accused Plaintiff of having been a homeless person that was in there for days. Plaintiff alleges that he was racial profiled because he is African-American. Defendant Ra...

Excerpt: ...t will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was made to wait 6 months for an automobile repair following and accident, and his insurance company failed to pay for a rental. The engine subsequently failed and stranded Plaintiff on the freeway. Plaintiff has been without his vehicle for 9 months, but Defendant insurer has allegedly denied payments and rental coverage in bad faith, while the Defendant mechanic ha...

Excerpt: ...s to compel arbitration and stay this action. TENTATIVE RULING The hearing on Defendant Evan Paul Auto Leasing, LLC's motion to compel arbitration is CONTINUED to March 15, 2022 for supplemental brief as set forth in the tentative ruling. Defendant's supplemental brief is due February 15, 2022. Plaintiff's supplemental opposition is due March 1, 2022. Defendant's supplemental reply is due March 8, 2022. The parties are to limit their briefs to th...

Excerpt: ...nce Company. TENTATIVE RULING Plaintiff Kwala, LLC's motion for terminating sanctions is DENIED. Plaintiff's request for issue sanctions as set forth in the notice of motion at Page ii is conditionally GRANTED. The Court will give Defendant an opportunity to provide sufficient information based upon a random sampling in further supplemental responses to interrogatories Nos. 65 and 66, whereupon the Court will determine whether or not to lift the ...

Excerpt: ...EY'S FEES Plaintiff sues Defendant for failure to bring the subject vehicle into compliance with express and implied warranties, concealing a transmission defect, and failing to repurchase the vehicle. The parties settled this lawsuit, and Plaintiffs now seek an award of attorney's fees, costs and expenses. TENTATIVE RULING Plaintiffs Marco Vilcapoma and Virginia Vilcapoma's motion for attorneys' fees and costs is GRANTED in the reduced amounts o...

Excerpt: ...eges that she was discriminated against in the terms of her employment, including termination, on the basis of her race and age. Defendants Children's Hospital Los Angeles, Children's Hospital Los Angeles Medical Foundation and Carmen Elena Martinez move for summary judgment or, in the alternative, summary adjudication of issues. TENTATIVE RULING Defendants Children's Hospital Los Angeles and Carmen Elena Martinez's motion for summary judgment is...

Excerpt: ... action, including a PAGA claim for civil penalties. On July 27, 2021, the Court granted Plaintiffs' motion for preliminary approval of the class action settlement. Plaintiff moves for final approval of a class action settlement. TENTATIVE RULING Plaintiff Jason Villamediana's motion for final approval of the Settlement Agreement is GRANTED. The Court sets a status conference for August 25, 2022 at 8:30 AM regarding completion of the administrati...

Excerpt: ...efendant iFresh, Inc. moves to quash service of summons for lack of personal jurisdiction. On a motion to quash for lack of personal jurisdiction, the plaintiff has the initial burden of proof: “When a defendant moves to quash service of process” for lack of specific jurisdiction, “the plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.” ( Vons, supra, 14 Cal.4th at p. 449.) “If the plaintiff...

Excerpt: ...e time of the filing of this lawsuit, alleges that Defendant Jesus Cervantes sexually abused Plaintiff while Cervantes was Plaintiff's junior high and high school teacher formerly employed by Defendant LAUSD. Defendant LAUSD allegedly covered up the sexual abuse, while it was ongoing. Plaintiff Jane Doe moves to quash the medical records subpoena served by Defendant upon Plaintiff's medical providers. TENTATIVE RULING Plaintiff Jane Doe's motion ...

Excerpt: ...G COMPANY, INC.'S MOTION TO BIFURCATE AND SEVER Plaintiff alleges wage and hour violations and retaliation for complaining about racial discrimination. Defendant Parke Cox Trucking Company, Inc. moves to bifurcate and sever. TENTATIVE RULING Defendant Parke Cox Trucking Company, Inc.'s motion to bifurcate and sever is GRANTED. ANALYSIS Motion To Bifurcate and Sever Defendant Parke Cox Trucking Company, Inc. moves the Court to issue the following ...

Excerpt: ...OOD FAITH SETTLEMENT Plaintiff, real estate agent with Defendant Michael Edlen Real Estate, alleges that she was sexually battered by Defendant Nicolas Beauvy, a real estate agent colleague employed by Defendant Coldwell Banker Residential Brokerage Company. The real estate defendants allegedly did not address Plaintiff's complaints about this incident. Plaintiff alleges that Defendant Michael Edlen Real Estate also had someone follow and surveil...

Excerpt: ... proper. Defendant West Hills Hospital's motion to strike the Complaint is GRANTED with leave to amend as to the following portions, as specified in the notice of motion: Paragraph 15, Page 3, line 24 to Page 4, line 9; Paragraphs 16, 17, 18, 19, and 20; Paragraph 21, page 5, line 18; Paragraph 21, page 5, lines 19‐28; Paragraph 22, page 5, lines 3‐20; Paragraph 23, page 6, lines 21‐26; Paragraph 24; Paragraph 27, page 7, line 27 to page 8,...

Excerpt: ...nt to appear and argue. If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action seeking refund of property taxes and attorneys' fees following a determination by the County of Los Angeles Assessment Appeal Board's determination upholding Defendant County of Los Angeles's property tax assessment against Plaintiff's property. Defendant County of Lo...

Excerpt: ...tiff is to file a Memorandum of Costs pertaining to the costs and expenses sought. ANALYSIS Motion For Attorneys' Fees, Costs and Expenses Request For Judicial Notice Defendant requests that the Court take judicial notice of various minute orders, rulings, and judgments in other superior court cases. The requests are GRANTED per Evid. Code § 452(d)(court records) for the purposes of showing prevailing market rate in the community. Discussion Att...

Excerpt: ...., to the Complaint is OVERRULED as to the first, second, third, fourth, fifth, sixth, ninth, tenth, eleventh and thirteenth causes of action, and SUSTAINED with leave to amend as to the seventh, eight and twelfth causes of action. The motion to strike is GRANTED with leave to amend as to the punitive damage allegations at Plaintiff's Summary, Page 1, line 9, “punitive damages”; Page 8, the entirety of paragraph 18; Page 10, the entirety of p...

Excerpt: ... ANALYSIS Motion To Compel Arbitration and Stay Action Discussion Defendant American Builders & Contractors Supply Co., Inc., erroneously sued as American Builders and Contractors Supply Co. moves to compel arbitration and to stay this action. Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Blake v. Ecker (2001) 93 Cal.Ap...

Excerpt: ...he Cross‐ Complaint is deemed to be served upon all parties who received a copy with this motion. The Cross‐Complaint is to be properly served per code upon the Cross‐Defendants who are new to this action. ANALYSIS Motion For Leave To File Cross‐Complaint Defendants Young Kook Choi and Yeong A Ryu move for leave to file a Cross-Complaint against the persons who sold the subject property to Defendants, based upon undisclosed pre-existing h...