Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that Defendants misappropriated and diverted Plaintiffs' funds and/or assets while Defendant Arash worked as a personal executive assistant to Dr. Siman. Defendants also used confidential information to blackmail and extort Plaintiffs for debt forgiveness. Defendant Arash also made defamatory statements about Plaintiffs. Defendant Ahma...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was repeatedly sexually assaulted by Defendant Marvin Bunoan while Plaintiff was a patient resident at Defendant's facility following a stroke. Defendant San Pedro Convalescent Home, Inc. moves to compel arbitration. TENTATIVE RULING Defendant San Pedro Convalescent Home, Inc.'s motion to compel arbitration is GRANTED. However,...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant Jobot LLC—a staffing agency—solicited Defendants Alludin and Purvis from Plaintiff and stole Plaintiff's clients using Plaintiff's confidential information. Defendants Jobot, LLC, Shezad Alludin, and Sydni Purvis demur to the Second Amended Complaint. TENTATIVE RULING Defendants Jobot, LLC, Shezad Alludin, and Sydni...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he had an agreement with Defendants, his parents, that property would be purchased and held jointly in Plaintiffs and Defendants' name, but Plaintiff would make all mortgage, insurance, utility and tax payments and live in the house, which would be Plaintiff's. However, Defendants eventually lost their house and moved into Plaintif...

Excerpt: ...and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was sexually harassed by his supervisor. Plaintiff also alleges that Defendant stole gratuities from a Service Charge customers paid. Plaintiff moves to compel further responses to form interrogatories – employment, set one from Defendant W&V Partners, LLC. Plaintiff also requests sanctions. TENTATIVE RULING Plaintiff's motion...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff purchased a Subway restaurant franchise from Defendants. Defendants failed to turn over proceeds from credit card issuers for payments customers made with credit cards before the sale closed. Defendants Fred Wu and Dana Wu move to set aside the entry of their defaults and default judgment. TENTATIVE RULING Defendants Fred Wu and Dana Wu's m...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff is the former interim Chief Financial Officer, Consultant and Advisory Board Member of Loton Corp. which eventually merged with Defendant LXL after Plaintiff stepped down from his roles at Loton. Plaintiff alleges that Defendants wrongfully prevented Plaintiff from receiving a stock certificate (#1382 for 100,000 shares of Loton common stoc...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant breached a real property title insurance policy to insure and indemnify Plaintiff against adverse claims made against the title to her residence when she discovered covenants recorded against her land which imposed substantial and material restrictions upon Plaintiff's use and enjoyment of the residence. The declarati...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that, in retaliation for Plaintiff having made multiple requests for accommodation of her physical disability, and for having filed a FEHA complaint with the DFEH, Defendant gave Plaintiff a poor performance evaluation, and was transferred. Plaintiff was also subjected to harassment. Defendant also failed to adequately accommodate P...

Excerpt: ... and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she went on a workers' compensation-related medical leave of absence due to a shoulder injury, and was cleared to return to work with restrictions. However, Defendant allegedly refused to reasonably accommodate Plaintiff's disability or to engage in a good faith interactive process. Instead, Defendant unilaterally filed an applica...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a PAGA action based upon hospital Defendants' alleged health and safety violations in the workplace during the COVID-19 pandemic. Plaintiff moves to compel further responses to special interrogatories, set one from Defendants HCA Healthcare, Inc. and West Hills Hospital. TENTATIVE RULING Plaintiff Jhonna Porter, individually, and on behalf o...

Excerpt: ...ear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant engaged in price gouging relative to prices on propane gas and other products. Defendant Suburban Propane, L.P. demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING Because the First Amended Complaint was untimely filed, it is ordered STRICKEN, and the Court will address the demu...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff argues that it was induced into leasing the subject property to Defendants based upon false representations regarding their financial situation. Plaintiff moves for entry of judgment pursuant to CCP § 664.6. TENTATIVE RULING The motion for entry of judgment is GRANTED, and the request for attorney's fees is GRANTED in the reduced amount of ...

Excerpt: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she was discriminated against and terminated due to her need to take leave to care for her parents and ultimately for her own health issues. Defendant Priscilla Mora demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Priscilla Mora's demurrer to the First Amended C...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants recorded conversations Plaintiff had with Defendants over Plaintiff's cellular telephone without his prior express consent or knowledge, during which sensitive confidential information was discussed. Defendants OptumInsight, Inc. and United Behavioral Health of New York, I.P.A. demur to the First Amended Complaint. ...

Excerpt: ...ar is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendants exercised undue influence over decedent, Plaintiff's wife who was dying of cancer, and caused her to transfer personal property and her interest in real property to Defendants without Plaintiff's knowledge. Defendants Mui Phung Lieng, Kin A. Zamora Lieng, and Francisco Armando Zamora demur to the First Am...

Excerpt: ...Agreement Discussion Pursuant to CCP § 664.6, Defendant Simpson, Gumpertz, & Heger, Inc. move to enforce a settlement agreement reached with Plaintiff. Defendant argues that, despite the parties having reached an agreement, Plaintiff has suddenly reneged and demanded that Defendant drastically increase the settlement amount by several hundred thousand dollars in exchange for executing the Agreement. CCP § 664.6 provides in pertinent part: (a) I...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Defendant Nissan North America, Inc.'s motion to compel arbitration is GRANTED. The case is ordered stayed pending arbitration. (Civ. Proc. Code, § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Complaint filed in this action; (2) ...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff allege that Defendants steered Plaintiff into a “hard money loan” mortgage used to evade the requirements of the Dodd-Frank Amendments to the Truth-in-Lending Act (“TILA”). Defendant lender allegedly deprived Plaintiff of use of loan funds needed to make necessary repairs to the property and caused the property to be sold a trustee...

Excerpt: ... of service regarding the notice of continuance of this hearing, if Defendant Michaela Chang does not present evidence at the hearing that she has served such responses, then Plaintiff's motions for terminating sanctions are GRANTED. The Court will order Defendant Chang's answer stricken, and entry of her default. Thereafter, Plaintiff may submit a default judgment package for a default prove up. ANALYSIS Motion For Terminating Sanctions Plaintif...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a PAGA action based upon hospital Defendants' alleged health and safety violations in the workplace during the COVID-19 pandemic. Defendants HCA Healthcare, Inc. and Far West Division, Inc. move to stay this action pending the resolution of another PAGA action against Defendant employers. TENTATIVE RULING Defendants HCA Healthcare, Inc. and Fa...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action for partition and accounting regarding real property co-owned by Plaintiff and defendant. Defendant Maria Exaltacion Hernandez, an individual and as Trustee of The Maria Exaltacion Hernandez Family Living Trust, U/A dated May 23, 2017 moves for an order declaring that the real property partition at issue is subject to the California ...

Excerpt: ...aration by February 20, 2023. Plaintiff may submit a supplemental opposition thereto by February 27, 2023. ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the following: (1) Complaint filed in his action; (2) Answer filed in this action; (3) Notice of Entry of Dismissal and Proof of Service, filed in Sacramento Superior Court by Plaintiffs Dina C. Felisild...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Until the class action allegations were dismissed, this was an apparent class action brought on behalf of class members who were victims of Defendants' alleged scheme whereby Defendants would fraudulently dupe victims into unknowingly transferring title to real property under the guise of lowered mortgage payments negotiated on the victims' behalf. De...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a Battery Defect in the 2019 Chevrolet Bolt that Plaintiffs leased, and Defendant has failed to repair the vehicle to conform to warranties. Plaintiffs move for an order compelling Defendant to comply with the Court's September 7, 2022 discovery order granting Plaintiffs' motion to compel further responses to document d...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Motion To Tax Costs Discussion The Court granted Defendant Showcase Facility Solutions, Inc.'s motion for summary judgment. The Court finds that, because Plaintiff did not recover any relief against Defendant, Defendant is the prevailing party entitled to recover costs as of right. (Civ. Proc. Code, § 1032(a)(4) & (b).) Plaintiff moves to tax Defendan...

Excerpt: ...n and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action to shut down an alleged illegally operated immigration consulting business. Plaintiff Immigrant Rights Defense Council, LLC moves for terminating sanctions or, in the alternative, an order compelling Defendant Michaela Chang to comply with this Court's August 16, 2022 order. Plaintiff also requests monetary sanctions. TENTATIVE RULING...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs allege that there was a defect with the 8L56 MYC Hydra-Matic automatic transmission in the 2017 Chevrolet Colorado purchased by Plaintiff. Defendant General Motors LLC moves for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING Defendant General Motors LLC's motion for summary judgment is GRANTED. ANALYSIS: Mo...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff insurer seeks declaratory relief against insureds that no policy benefits are due based on the insureds breach of obligation to cooperate with the claims adjusting investigation pertaining to an automobile accident. Plaintiff State Farm Mutual Automobile Insurance Company moves for reconsideration of the November 10, 2022 order granting Def...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. 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, had the total number of hours of compensation reduced, her salary reduced, and was demoted to an hou...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was terminated after taking time of to be with his wife during her recovery during pregnancy. Plaintiff also alleges wage and hour violations and brings a PAGA claim. On October 10, 2019, Judge Bryant-Deason granted Defendants' motion to compel arbitration as to the first through eleventh causes of action and thirteenth caus...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action to shut down an alleged illegally operated immigration consulting business. Plaintiff Immigrant Rights Defense Council, LLC moves for terminating sanctions or, in the alternative, an order compelling Defendant Michaela Chang to comply with this Court's August 16, 2022 order. Plaintiff also requests monetary sanctions. TENTATIVE RULI...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Defendant General Star Indemnity Company's demurrer to the Second Amended Complaint is SUSTAINED without leave to amend as to the first through fourth causes of action. The case is ordered dismissed with prejudice. ANALYSIS Demurrer Meet and Confer The Declaration of David A. Tartaglio reflects that Defendant's counsel satisfied the meet and confer ...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiffs alleges that Defendant defamed Plaintiff Srivastava and intentionally interfered with a business deal that would have netted Plaintiff approximately $40,000,000 in profit, then tried to extort $500,000 out of Plaintiff. Plaintiffs also alleges a breach of a settlement agreement by Defendant whereby the parties agreed not to disparage each o...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff leased production studio space from Defendant, with an option to purchase the property. Defendant allegedly interfered with Plaintiff's business from prospective clients who wished to rent studio space from Plaintiff. Moreover, Defendant was allegedly responsible for a flood to the building, which Plaintiff paid to have the resulting damag...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant (the live-in girlfriend of Plaintiff's late father, Eugene) fraudulently transferred title to two real properties from Plaintiff's name to Defendant's name, pursuant to a Power of Attorney Plaintiff had given to her father to refinance a loan. Defendant Ludmilla Haikin filed a Cross-Complaint alleging that Plaintiff/Cr...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that she suffered from major depressive disorder, anxiety disorder, and a sleep disorder (severe insomnia), and was prescribed anti-anxiety, anti-depression and sleep medications. Plaintiff alleges that she was pretextually terminated for violations of the drug-free workplace policy. After a jury trial, the jury returned a special ve...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on this motion on December 1, 2022. In the event that any party requests oral argument, the Court will schedule a hearing on a future date. Plaintiffs allege that there was a defect with the 8L56 MYC Hydra-Matic automatic transmission in the 2017 Chevrolet Colorado purchased by Plaintiff. Defendant Gene...

Excerpt: ...e wrongfully withheld monies owed to Cross-Complainant and made false representations to Payan, which caused him to record the reconveyance. Defendant Firooz Payan moves for an order disqualifying attorney Steven C. Huskey, Esq. and the law firm of Epport, Richman & Robbins, LLP from representing Cross-Defendant Houshang Aframian and any other party in this action. TENTATIVE RULING The hearing on Defendant Firooz Payan's motion to disqualify coun...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on November 30, 2022. In the event that any party requests argument on the tentative, the Court will schedule a hearing at a future date. This is a Lemon Law action whereby Plaintiff allege that Defendants failed to repair the subject vehicle to conform to warranties after a reasonable number of attemp...

Excerpt: ...given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will not be available to hear argument on November 30, 2022. In the event that any party requests argument on the tentative, the Court will schedule a hearing at a future date. Plaintiffs allege that there was a Battery Defect in the 2019 Chevrolet Bolt Plaintiffs leased, and Defendant has failed to repair the vehicle to conform to warran...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will be unavailable to hear this motion on November 29, 2022. In the event that any of the parties request oral argument, the Court will schedule a hearing on a future date suitable for the Court's calendar. Plaintiff alleges that he had an agreement with Defendants, his parents, that property would be purchased and held jointly in Plaintif...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. The Court will be unavailable to hear this motion on November 29, 2022. In the event that any of the parties request oral argument, the Court will schedule a hearing on a future date suitable for the Court's calendar. Plaintiffs allege that Defendants failed to replace a known defective ceiling fan in the bathroom of a neighboring unit. The fan caugh...

Excerpt: ... Janet Brandstetter and Timothy Nelson. Plaintiff's request for leave to amend is DENIED. Plaintiff's request to strike this anti‐SLAPP special motion to strike pursuant to CCP § 128.7 is DENIED. Defendants may bring a separately‐noticed motion to recover attorney's fees incurred in connection with this anti‐SLAPP motion. Given the ruling on the anti‐SLAPP motion, Defendants Janet Brandstetter and Timothy Nelson's demurrer to the Complai...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling, and will set a case management conference for a future date. Plaintiff insurer seeks declaratory relief against insureds that no policy benefits are due based on the insureds breach of obligation to cooperate with the claims adjusting investigation pertaining to an automobile accident. Defendants Anna Arsenyan and Zhora Sargisyan move for an order se...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling and set a post-arbitration status conference in one year. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. Defendant KS Steel Corporation brings an amended motion to compel arbitration, and stay this action. TENTATIVE RULING Defendant KS S...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that Defendant informed Plaintiff that Defendant intends to impose charges on Plaintiff's bank account despite a promise made by Defendant's predecessor that there would never be any charges associated with the account. Plaintiff alleges that Defendant has changed the terms of the account whereby he must maintain a minimum balance o...

Excerpt: ...iven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling AND the case management conference will be continued to January 3, 2023 at 8:30 a.m. Plaintiff alleges that Defendants steered Plaintiff into a “hard money loan” mortgage used to evade the requirements of the Dodd-Frank Amendments to the Truth-in-Lending Act (“TILA”). Defendant lender allegedly deprived Plaintiff of use of loan funds needed t...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is a putative [1] class action brought on behalf of class members who were victims of Defendants' alleged scheme whereby Defendants would fraudulently dupe victims into unknowingly transferring title to real property under the guise of lowered mortgage payments negotiated on the victims' behalf. Defendants would then collect “mortgage payments�...

Excerpt: ...en and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff alleges that he was discriminated against and harassed by his supervisor on the basis of his sexual orientation. Plaintiff also alleges that he suffered retaliation for taking CFRA leave to care for his grandparent. Plaintiff also alleges wage and hour violations. Plaintiff was allegedly constructively terminated in retaliation for complaini...