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...