Excerpt: ... OVERRULED as to the fourth, eighth, ninth and twelfth causes of action. Plaintiff is given 30 days leave to amend. ANALYSIS Demurrer Meet and Confer The Declaration of Farah Faramarzi reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Plaintiff's request that the Court take judicial notice of the Secretary of State website for Plaintiffs and Defendants is GRANTED. The Court may tak...

Excerpt: ...5, ¶ 23 (punitive damages); Page 6, ¶ 28 (punitive damages); Page 6, ¶ 29 (treat Defendant as a corporation for purposes of punitive and treble damages); Page 7, ¶ 4 and Page 7, lines 8-9. The motion to strike is MOOT as to Page 4, ¶¶ 13, 18 given the ruling on the demurrer to the first cause of action. ANALYSIS Demurrer Meet and Confer The Declaration of Katrina J. Valencia reflects that the meet and confer requirement set forth in CCP § ...

Excerpt: ...ly suffered sexual harassment, discrimination and retaliation from other LASD employees based upon her reporting the rape. She was also allegedly marked as a problem employee for filing complaints against people and treated adversely by co-workers as such. Plaintiff was terminated, and she lost her subsequent Civil Service Commission appeal. Defendant County of Los Angeles moves for summary judgment or, in the alternative, summary adjudication. T...

Excerpt: ... the reduced amount of $39,725 against Defendant Southgate Auto, Inc. dba Express Auto Lending only. Plaintiffs' request for costs and expenses is GRANTED in the reduced amount of $5,506.36, jointly and severally against Defendants Westlake Service, LLC dba Westlake Financial Services and Southgate dba Express Auto Lending. Plaintiffs' request for prejudgment interest is GRANTED in the reduced amount of $618.30 against Westlake Service, LLC dba W...

Excerpt: ...ect to the first through fifth causes of action in the Fourth Amended Complaint. Defendant Din Tai Fung (Glendale) LLC also demurs to the Fourth Amended Complaint. TENTATIVE RULING Defendant Din Tai Fung (Glendale) LLC's motion for sanctions pursuant to CCP § 128.7 is DENIED. Defendant's demurrer to the Fourth Amended Complaint is OVERRULED as to the first through fifth causes of action. Defendant is ordered to answer the Fourth Amended Complain...

Excerpt: ... difficult for Plaintiff and his wife that they moved out to live elsewhere. Plaintiff now seeks to quiet title in his name and to recover possession of the property or, alternatively, for partition of the property. Defendants filed a Cross-Complaint alleging that Plaintiff/Cross-Defendant did not fulfill the conditions to require Cross-Complainants to convey their interest in the property to Plaintiff/Cross-Defendant. In particular Plaintiff/Cro...

Excerpt: ...ection 473.5, subdivision (a) provides: “When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exce...

Excerpt: ...gs, if necessary. Leeper must either substitute in as counsel of record, or refrain from actively participating in the conduct of this case. Leeper's failure to obey this directive forthwith will result in the Court setting an order to show cause re: contempt against David Leeper. DISCUSSION: Demurrer Meet and Confer The Declaration of Ariela R. Pier reflects that Cross-Complaints have failed to respond in good faith to meet and confer efforts. T...

Excerpt: ...ntempt of court. TENTATIVE RULING Defendant Benjamin Tarn Rosenfeld's motion for attorney's fees in the amount of $6,940 is GRANTED. Defendant's request in the reply brief for $9,865 in fees and $236.85 in costs not sought in the moving papers is DENIED. Plaintiff Shahrouz Jahanshahi's request for sanctions pursuant to CCP § 128.5 is DENIED. Plaintiff's motion to set an OSC re contempt and for an order compelling production of requested document...

Excerpt: ...e Court entered default judgment against Defendants Jose L. Vega and Maria C. Vega. Defendants now seek to set aside the entry of default and default judgment. TENTATIVE RULING Defendants Jose L. Vega and Maria C. Vega's motion to set aside the default and default judgment entered is GRANTED. A standalone copy of the General Denial is to be filed today. The General Denial is deemed served as of the date of this order. ANALYSIS Motion To Set Aside...

Excerpt: ...Porrazzo, aka Elizabeth Patricia Porrazzo, is GRANTED per Evid. Code § 452(d)(court records). Discussion Although Plaintiff requests in her Reply that the Court disregard the late-filed opposition, because Plaintiff has not demonstrated prejudice from the filing of the opposition on June 9, 2020, the Court will consider the Opposition and the Reply on the merits. Plaintiff Suzanne Porrazzo moves to disqualify counsel Jason A. Fetchik, Robert L. ...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] Plaintiff alleges that she suffered harassment and discrimination based upon her pregnancy and related complications, need for accommodations and/or the need for protected finite medical leave. Plaintiff alleges that she was denied incentive payments...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] This is a Lemon Law action whereby Plaintiffs allege that Defendants failed to repair the subject vehicle to conform to warranties after a reasonable number of attempts. Plaintiff moves to compel the deposition of Defendant General Motors, LLC's Pers...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] Plaintiffs sue Defendants for failure to bring the subject vehicle into compliance with express and implied warranties. Defendant Champion Chrysler Jeep Dodge moves to compel arbitration and to stay this action. Defendant FCA US LLC filed a notice of...

Excerpt: ...he hearing to the earliest available hearing time that allows for appropriate social distancing. Counsel who wish to submit on the tentative ruling should email Department 76 at [email protected] DEMURRER OF DEFENDANT GOLDEN WEST FORECLOSURE SERVICE PLAINTIFFS MOTION TO CONSOLIDATE Per the allegations of the Complaint, this is a wrongful foreclosure case regarding two properties. Plaintiff contends that Defendants foreclosed on both propertie...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. DEFENDANTS' MOTION TO QUASH Defendant Pacific Bliss has failed to repay amounts due and owing pursuant to a promissory note. Defendants have allegedly engaged in fraudulent transfers of personal property to avoid collection of monies by Plaintiff. Defendants Pacific Bliss, LLC, Pacific Bliss SV, LLC and Nathan's Glass & Mirror Inc. move to quash o...

Excerpt: ...e the hearing to the earliest available hearing time that allows for appropriate social distancing. Plaintiff alleges that Defendant Patel, a major shareholder and President of the Mechanical, Electrical and Plumbing Group, instructed his subordinates to intentionally misrepresented the Work In Progress (fees for services that have been performed but not yet billed) at 2016 year-end. This resulted in Defendant receiving bonuses to which he would ...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. DEMURRER TO COMPLAINT Defendants are alleged to be in breach of a promissory note and continuing guaranty thereof given to Plaintiffs in connection with Defendants' purchase of Plaintiff' business assets. After defaulting on payments, Defendants closed the place of business and transferred away all inventory and assets. Defendant/Cross Complainant...

Excerpt: ...ue the hearing to the earliest available hearing time that allows for appropriate social distancing. STATEMENT OF FACTS Plaintiff obtained a default judgment against his former attorney for non-professional negligence. Plaintiff sought to recover the amount of the judgment from the attorney's insurer, which demand for payment was denied. Plaintiff sues the insurer on the assigned claims for breach of contract and bad faith. Defendant State Farm G...

Excerpt: ...at a hearing be scheduled. The Court will then continue the hearing to the earliest available hearing time that allows for appropriate social distancing. STATEMENT OF FACTS The Complaint alleges that as part of the construction of a hotel next to Plaintiff's property, Defendants caused the land adjacent and coterminous with the southern boundary of Plaintiff's land to be excavated two levels below street grade. Defendants' negligent excavation an...

Excerpt: ...g fee, Defendants George E. Chaux, M.D., Parisa Azizad-Pinto, M.D. and Cedars-Sinai Medical Center's motion to quash is GRANTED in its entirety. The Olympus Defendants may serve revised business record subpoenas which narrow the scope of the documents requested in accordance with the Court's discussion. ANALYSIS Motion To Quash Business Records Subpoena The Olympus Defendants argue that this motion to quash improperly seeks to quash two separate ...

Excerpt: ... strike is GRANTED IN PART AND DENIED IN PART, with 30 days leave to amend, as set forth below. DISCUSSION: Demurrer Meet and Confer The Declaration of Stefanie G. Jo reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Fourth Cause of Action (Fraudulent Inducement – Concealment). A. Re: No Fiduciary Relationship/Duty To Disclose. Defendant argues that a fiduciary relationship does not exist between Plainti...

Excerpt: ...urt's online tentative. TENTATIVE RULING The hearing on Plaintiff Jinn Ong's motion to compel the deposition of Defendant General Motors, LLC's senior repurchase reviewer Dave McWhorter, with production of documents, is CONTINUED. Defendant's supplemental brief with supporting evidence, as specified below, is due 14 days prior. Plaintiff's supplemental brief is due 7 days prior. No supplemental reply will be permitted. ANALYSIS Motion To Compel D...

Excerpt: ...ff's request that the Court take judicial notice of certain Minnesota statutory provisions and various Minnesota and federal decisions is DENIED. These authorities, submitted for the Court's consideration for the first time in connection with the Reply, are not relevant to the Court's determination. The Court need only take judicial notice of relevant materials. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063, overruled in part ...

Excerpt: ... first signing a lock-up agreement, which Plaintiff refused to do. Plaintiff alleges that Defendants Ellin makes misrepresentations and threats to shareholders in order to prevent them from rightfully trading shares on the open market so that he can manipulate stock prices of Defendant LiveXLive (“LXL”) stock, of which he is a major shareholder. Defendant LivXLive Media, Inc. filed a Cross-Complaint against Plaintiff, alleging that Plaintiff ...