Excerpt: ...charges. Plaintiff filed its complaint on 8/24/22. Defendants filed a demurrer, which was overruled, and ultimately filed an answer on 3/20/23. 2. Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Blue Flash in the amount of $85,631.75, which amount includes $2000 in estimated costs and $20,000 in estimated attorneys' fees (the box for attorneys' fees is not checked at �...

Excerpt: ...irected to the original complaint on 9/08/22. The Court found the parties' meet and confer efforts deficient, and continued the hearing to 10/20/22. The Court ordered the parties, if they were unable to resolve their issues, to file briefs and declarations at least two weeks prior to the continued hearing date. Two weeks prior to the continued hearing date fell on 10/06/22. Prior to the continued hearing, neither party filed an additional brief. ...

Excerpt: ...ndants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. On 11/02/21, the Court heard Defendants' demurrers and motions to strike directed at the FAC. The Court sustained and granted the pleading challenges in part, and ordered Plaintiff to file an SAC. Plaintiff filed her SAC on 11/19/21. On 6/23/22, the Court heard Defendants' demurrers and motions to strike directed at th...

Excerpt: ...0/12/22. 2. Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Milestone in the amount of $59,730, which amount includes $2500 in estimated costs and $7500 in estimated attorneys' fees (the box for attorneys' fees is not checked at ¶8 of the application, but the amount appears there). Plaintiff seeks to attach “any property of a defendant who is not a natural person.�...

Excerpt: ...perties, referred to in the complaint as Maple 1 and Maple 2. Plaintiff and the Taylor/Hawwlack defendants have been engaged in litigation since 2011. At 1107 of the complaint Plamtiff clarifies that the Court granted Taylor and HawtylacWs request to appoint a receiver to sell both of the subject properties; the order was entered on 5/31/18. 2. a. Motion to Dismiss Relief Sought c. Defendant, Trang Do moves to dismiss the complaint against herpur...

Excerpt: ...d different payment periods and payment rates, but were substantially similar, and contained attorneys' fees and costs provisions. Plaintiff alleges Defendants breached both contracts. Plaintiff alleges Defendants breached Contract One and owe S8248 plus late fees, costs, and attorneys' fees. Plaintiff alleges Defendants breached ContractTwoand owe $86,610 plus late fees, costs, and attorneys' fees. On 2/09/22, Plaintiff filed a Notice ofSettleme...

Excerpt: ...als: Inc.: ("Butler"). (SAC, 23). Plaintiff filed their initial Complaint on February 20, 2018. The operative complaint here is the SAC, filed on January 12, 2023. The SAC has nine causes of action: 1. 2. 3. 4. 5. 6. 7. 8. 9. Breach of Written Contract; Breach of Fiduciary Duties and Obligations; Interference with Contractual Relations; Interference with Prospective Economic Advantage; Fraud and Deceit; Conversion; Misappropriation of Trade Secre...

Excerpt: ...r 3, 2023. Thus, the Court will not consider costs-related issues for this hearing and will do so on October 3, 2023. 3. Motion for A ttorney's Fees a. Legal Standard The Song-Beverly Act provides, "[i]f the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgmenta sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, deter...

Excerpt: .../Breach of the Covenant of Good Faith and Fair Dealing in Contract; and 3. Promissory Fraud/ Deceit Plamtiffs allege that Defendant Ace improperly denied Chai Five insurance coverage although it was entitled to such coverage under a Businessowners Insurance Policy issued by ACE. Plaintiffs allege that on or about December 12, 2020, an electrical service utility pole and supportmg conduit at Chai Five's premises, and that SoCalEdison ("Edison") sh...

Excerpt: ...lleges she, as a real estate agent, has suffered damages to her personal and professional reputation as a result of the wrongful accusations. Plaintiffs operative complaint is her First Amended Complaint which she filed on 6/13/22. There are Ävo cross-complaints in this action. The cross-complaint at issue today was filed by Portley, and is against Hitchens, Robinson, McCoy, and Windward Village Homeowners Association. The crux of the cross-comp...

Excerpt: ...r. The parties met and conferred and agreed that the deposition would go forward on 2/08/23. Defendants noticed the deposition for 2/08/23, but Plaintiff again failed to appear. Defendants move to compel Plaintiff to appear at a video deposition. The motion to compel is granted. CCP 52025.450(a). Defendants seek an order requirmg Plaintiff to appear for deposition within ten days; the Court finds this timeline to be too tight to meamngfully meet ...

Excerpt: ...alendar until the penultimate moment. Notably, Plaintiff's proof of service of the moving papers on Defendant shows service on 3/21/23; however, Defendant filed timely opposition to the motion and Plaintiff filed timely reply papers, so the Court understands Defendant must have had timely notice of the motion; Defendant does not contend otherwise in its reply. The Court will rule on the motion despite the filing defect, but asks Plaintiff's attor...

Excerpt: ...rt granted Claimants unopposed motion, ordered responses without objections, and Imposed sanctions. 3. Motion to Compel Further Responses a. Parties' Posi tions Claimant moves to compel Respondent to serve supplemental responses to form interrogatories, contending Respondents responses remain unverified and also substantively insufficient Respondent opposes the motion, contending the parties considered participating in an IDC, and upon finding ou...

Excerpt: ...rations Code 517709.02(a), and (b) Cross- Complainants cannot, under Revenue and Taxation Code 523301, assert the derivative claims on behalf ofa suspended LLC. c Corporations Code 517709.02 (a) Cross-Defendants, in their moving papers, seek to have the derivative claims dismissed on the ground that Cross-Complainants did not, and indeed cannot, allege they made a demand on the majority of the members or the manager of the LLC and the LLC, throug...

Excerpt: ... misconduct, elder abuse and neglect, violation of the patients' bill of rights, and wrongful death. The case was originally assigned to the personal injury hub court where the motion to compel arbitration and companion motion to stay action were fully briefed. The case was then transferred to the Long Beach Courthouse as complicated, and the matter is currently ripe for determination. 2. Motion to Compel Arbitration a. Issues Presented Defendant...

Excerpt: ...4 Private Nuisance; Public Nuisance. 1. Demurrer a. Initial Note This case was originally assigned to the personal injury hub court. Defendants demurred and filed a motion to strike, and the matter was fully briefed; the hub court found the matter complicated and transferred it to this IC department for all further proceedings. The Court has reviewed the moving, opposition, and reply papers, all ofwhich were filed prior to the transfer. b. Meet a...

Excerpt: ...Amended Complaint ("SAC"). Plamtiff alleges that her daughter, Marlee Sage Butler ("Marlee") was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after ävo tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for wrongful death (professional neg...

Excerpt: ...8, was that Young and Hill were each 50% owmers of Advanced Orthopedic Medical Group, Inc„ which subsequently was amended to the name Long Beach Advanced Ofthopedics Medical Center. In 2017, Plaintiff learned that Hill was diverting funds and falling to properly account for income. Hill filed a cross-complaint agamst Young in her individual capacit•y and also agamst Serena Young, M.D„ a professional corporation. The cross-complaint included...

Excerpt: ...on. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant at all, during the time it was not allowed to operate under Covid regulations, and (b) Plamtiff only has to pay proportionate rent to Defendant during the time Plamtiffwas subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determming it did not need to pay monies to Def...

Excerpt: ...ertain on 5/24/22. Plaintiff filed his operative SAC on 6/13/22. The SAC includes causes of action for quiet title, partition of real property, breach of contract, and fraud. 2. Demurrer to Second Amended Complaint a. History of Dispute The Court was originally scheduled to hear this demurrer on 12/20/22. Prior to the hearing, the Court issued a tentative ruling finding the parties had not adequately met and conferred in connection with the demur...

Excerpt: ...erformance of deed oftrust and appointment ofreceiver, and damages for breach of contract Defendants, Global Premier Development Inc„ LBB Housing Partners, LP, and Andrew Hanna field a demurrer to the complaint, which ison calendar today, on 9/12/22. On 1/03/23, Hanna filed a substitution of attorney, pursuant to which he is now representing himself. On 2/02/23, the Court granted Defense Counsel's motion to be relieved from representing Global ...

Excerpt: ...ance Account Act Plamtiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaintincludes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, R.R. Street & Co„ Inc„ contending It is responsible in whole or in part for the subject contamination. There are multiple cross-comp...

Excerpt: ... to recover damages, fees, and costs according to proof. 2. Prior Hearing on Motion for Attorneys' Fees The Court was originally scheduled to hear Plaintiffs motion for attorneys' fees on 2/07/23. Priorto the hearing the Court issued the following tentative rulmg: Plaintiff seeks to recover attorneys' fees in the amount of $38,470.00. Defendant concedes Plaintiff is entitled to recover fees, but contends the amount is both excessive and unsupport...

Excerpt: ...ties' Discovery Dispute Plamtiff underwent spine surgery in December of 2020. He underwent shoulder surgeryin August of 2021, With a second shoulder surgery in April of 2022. Defendants originally scheduled Plaintiffs IME with Dr. Scott Lederhaus for 4/07/22; the parties agreed, however, to reschedule the exammation in light of Plaintiffs shoulder surgery. The examination ultimately went forward on 7 / 28/22. b. Law Governing Additional IMEs Exce...

Excerpt: ...on 6/23/18, in exchange for valuable consideration, Plamtiffpurchased a 2018 GMC Sierra 1500, manufactured and/or distributed by Defendant Duringthe warranty period, the vehicle contained or developed defects including a defective engine, defective electrical system, defective lighting system, defective transmission system, and defective ignition system. Plaintiff took the vehicle to the dealership multiple in connection mth these various electri...

Excerpt: ...rior to the hearing, Plaintiff filed his operative First Amended Complaint. The FAC includes causes of action for premises liability, elder abuse, and general negligence. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthful...

Excerpt: ...ntiff alleges Vincent, prior to working at Paramount, worked at Glacial Garden, which was owned by White. Plaintiff alleges Glacial Garden fired Vincent when a staff member caught him in a dark locked room with a minor skater, a small boy, hiding under a bench with Vincent sitting over him. The staff member had witnessed other boundary violating behaviors by Vincent. After Glacial Garden fired Vincent, he applied with Paramount; Paramount vetted ...

Excerpt: ...es that on 12/23/20, in exchange for valuable consideration, Plaintiff purchased a 2021 GMC Sierra, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed defects including a defective transmission system, defective engine, defective electrical system, and defective steering system. Plaintiff took the vehicle to the dealership multiple in connection with these various electrical defects, and e...

Excerpt: ...ds Defendant pay past-due rent from 11/01/18 to 3/01/22 in the total amount of $227,099.98. The three-day notice to perform or quit demands Defendant remove all weed and debris, repair and replace all broken wall coverings, repair and replace all windows, replace the defective and deteriorating roof covering, and remove all graffiti. The case proceeded to jury trial on 8/19/22, and the trial continued on 8/22/22. After jury instructions were give...

Excerpt: ...r A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge def...

Excerpt: ...d Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. Plaintiffs added the City as a defendant in the SAC because the Gample Defendants, in their cross-complaint, seek to use an alleged City easement as a drain line over Plaintiffs' property. Plaintiffs, by way of their amended complaint, seek a declaratio...

Excerpt: ...that on 5/11/19, in exchange for valuable consideration, Plaintiff purchased a 2019 Chevrolet Silverado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed defects including a defective electrical system, defective steering system, defective braking system, and defective display system. Plaintiff took the vehicle to the dealership multiple in connection with these various electrical defect...

Excerpt: ...rporation headquartered in the State of Illinois, which managed, ran, controlled, oversaw, supervised and/or operated Doe 1. Plaintiff alleges Robert “Bob” Felder was an adult male employee of Does 1 and 2, and specifically was the general manager of Doe 1. Plaintiff alleges Felder died in 1986 and is not a party to the lawsuit. Plaintiff alleges he sustained childhood sexual assault at the hands of Felder in the 1970s. Plaintiff's complaint ...

Excerpt: ...in Long Beach, CA. Through their corporation, NHGI, Rivera and her partner had already successfully established several similar operations. Rivera ultimately agreed to invest in Haxton's venture, Portuguese Bend Distilling, and participate in its operations as a co-owner and co-manager. While the precise timeline of the breakdown in the parties' relationship is unclear, Rivera ultimately resigned – or, per the SAC, was constructively discharged...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...nts, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants dir...

Excerpt: ...violation of subdivision (a)(3) of Civil Code § 1793.2 against FMC only; (4) breach of the implied warranty of merchantability (Civ. Code §§ 1791.1, 1794, 1795.5) against FMC only; (5) fraudulent inducement – concealment against FMC only; and (6) negligent repair against South Bay only. On December 19, 2022, FMC and South Bay filed the instant motions: (1) motion to compel arbitration and stay action; and (2) motion to stay the entire action...

Excerpt: ...ant, and which alleges Bonita desired to purchase a truck from Vale and secured financing from Plaintiff; despite payment to Vale, Vale never delivered the subject truck to Bonita, and instead sold the vehicle to Feliciana Navarrete. On 9/01/20, Plaintiff dismissed Bonita and Santana from the complaint, leaving claims against Vale only. On 12/17/20, Vale filed a cross-complaint against Bonita Express, Inc., Hugo Santana, Fortia Enterprises, Inc.,...

Excerpt: ...ainst Plaintiff asserting causes of action for (1) breach of contract, (2) negligent construction defects with resulting damages, (3) money had and received, (4) unjust enrichment, and (6) strict liability. The Cross-Complaint alleges in relevant part that Plaintiff, who was doing business as Tiger Construction, failed to complete work done at Defendant's property, and that Defendant overpaid for the work Plaintiff did complete. Defendant also as...

Excerpt: ...r $900,000. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud 2. Meet and Confer Defendant's counsel declares that he sent Plaintiff's counsel a m...

Excerpt: ...ainst Plaintiff asserting causes of action for (1) breach of contract, (2) negligent construction defects with resulting damages, (3) money had and received, (4) unjust enrichment, and (6) strict liability. The Cross-Complaint alleges in relevant part that Plaintiff, who was doing business as Tiger Construction, failed to complete work done at Defendant's property, and that Defendant overpaid for the work Plaintiff did complete. Defendant also as...

Excerpt: ..., LLC and Han Gap-Su (a.k.a. Sebastian Han). The causes of action include breach of contract and claim and delivery (against M.I.AIR Corporation), claim and delivery (against Hanseo USA, LLC and Han Gap-Su), and conversion against (M.I.AIR Corporation, Hanseo USA, LLC, and Han Gap-Su). On December 23, 2022, M.I.AIR Corporation and Han Gap-Su (“Cross-Defendants”) filed their Demurrer to the Cross-Complaint (“Demurrer”). On February 6, 2023...

Excerpt: ... to sign an uninsured deed affidavit and statement of information acknowledging he no longer had an interest in the property, and he refused to do so. Plaintiff filed her complaint on 4/21/22. She filed proof of service of the summons and complaint on Defendant on 5/04/22, and the Clerk, at Plaintiff's request, entered Defendant's default on 6/20/22. 2. Motion to Vacate Default a. Parties' Positions Defendant moves to vacate the default entered a...

Excerpt: ...Substance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-compl...

Excerpt: ... of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. On 5/03/22, the Court heard and sustained a demurrer to the fraud-based causes of action. On 5/10/22, Cross-Complainants Zanpei Xu and Li Wan filed the operative FACC against Cross-Defendants Rong Lu and For Love & Thre...

Excerpt: ... compromise the medical treatment claims (his own claims), but not the facility claims (APTMC's claims). Thereafter, the settlement unraveled. 3. Motion for Leave to File a Cross‐Complaint On 11/17/122, the Court heard and granted Defendant's motion for leave to file a cross- complaint for breach of the parties' settlement agreement. On 11/18/22, Defendant filed her cross-complaint. On 12/20/22, Plaintiffs' attorney filed a Declaration of Demur...

Excerpt: .... 2. Motion to Bifurcate a. Parties' Positions Dollar Tree moves to bifurcate the issue of liability from the issue of damages at trial. It contends the liability phase of the trial will take only days, while the damages phase, if necessary, will take weeks. It contends the damages phase will cause it prejudice if heard concurrently with the liability phase. Additionally, it contends settlement may be possible at the conclusion of the liability p...

Excerpt: ...cident. 2. Motion to Compel Further Responses a. Timeline Plaintiff propounded form interrogatories on Defendant on 11/02/22. At issue is FROG 4.1. FROG 4.1 asks, “At the time of the incident, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rate, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the...

Excerpt: ... of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. Motion to Reopen Discovery a. Parties' Positions Plaintiffs move to reopen discovery, contending (a) Defendants have erroneously refused to produce their employees, Yidan Xu and Haykanush Gezukaryan, for deposition, ...

Excerpt: ...of action for corporate negligence, intentional misrepresentation, breach of fiduciary duty, wanton and willful misconduct, fraud, and battery to their complaint. They also seek leave to add a prayer for punitive damages. LBMMC opposes the motion, arguing that, to the extent it is a motion for leave to add a claim for punitive damages, it is not timely. It also argues the motion should be denied in its entirety on its merits. Plaintiffs, in reply...

Excerpt: ...plaint, filed on 9/02/22. The crux of Plaintiff's complaint is that she and three others purchased all shares of Plantonics pursuant to a Share Purchase Agreement from Defendant Larios on 5/17/21; pursuant to the agreement, she and non-party Justin Weiner each own 100 shares, non-party Brit Joshua Parker owns 250 shares, and Defendant Danaher owns 550 shares. She alleges she paid $200,000 to Larios to acquire her interest in Plantonics, and paid ...

Excerpt: ... evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have...

Excerpt: .... Plaintiff added Wells Fargo as a named defendant to the action, as it is the bank with the mortgage on the subject property. Defendants are Plaintiff's children, Patrick Chim and Chantha Chim, and their respective spouses, Maria I. Haban and Mekphachanh Chanthaphasouk. Plaintiff alleges her eldest son, Patrick, convinced her to sign over title to him in 2007. She and her husband had divorced, and Patrick convinced her it was in her best interes...

Excerpt: ...o properties, referred to in the complaint as Maple 1 and Maple 2. Plaintiff and the Taylor/Hawrylack defendants have been engaged in litigation since 2011. At ¶107 of the complaint, Plaintiff clarifies that the Court granted Taylor and Hawrylack's request to appoint a receiver to sell both of the subject properties; the order was entered on 5/31/18. As it relates to the defendants who are demurring today, Friedland and Wohl, Plaintiff asserts c...

Excerpt: ...Department regarding the incident. Plaintiff's complaint included causes of action for: · Battery; · Negligence; · IIED; · Fraudulent Concealment; · Private Nuisance; · Public Nuisance. 2. Prior Demurrer On 7/28/22, the Court heard and ruled on Defendants' demurrer and motion to strike portions of the original complaint. The Court sustained the demurrer in part and overruled it in part, and ordered Plaintiff to file an amended complaint. On...

Excerpt: ...al complaint included causes of action for injunctive and declaratory relief. On 6/06/22, Plaintiff filed his operative First Amended Complaint. It names as defendants LBUSD, Dr. Jill Baker, Jay Camerino, Edward Samuels, Mona Merlo, Sashya Tullo, Johnathan Hayes, and Eddie Cruz. It includes causes of action (each of which is pled against all named defendants) for: · Negligence · Negligent Supervision · Tortious Interference with Prospective Ad...

Excerpt: ...iring, supervision, training, and/or retention, and survival. The FAC includes a prayer for punitive damages. 2. Motion to Serve Secretary of State and by Publication a. Relief Sought Plaintiff seeks an order permitting her to serve Defendants Marc Menowitz and Gennady Prilutsky by publication and Defendants ARA II, Inc. and Anaheim Gardens Housing, LLC by service on the Secretary of State. b. Publication i. Law Governing Publication Publication ...

Excerpt: ...t on 11/03/22. On 11/14/22, Plaintiff filed a document entitled “Notice of Entry of Default Judgment if No Responses are received Within 30 days…” The document indicates that default will be entered against Scan Health and Delta Dental Plan if they do not respond within thirty days. 2. Motion to Quash Scan Health & Dental Plan, Inc. filed a notice of special appearance with a motion to quash, contending it is not a legal entity and therefor...

Excerpt: ...l Note Defendant filed this motion on 1/03/23, setting it for hearing on 1/24/23, only fourteen court days later. Defendant's notice of motion includes a highlighted caption indicating the date was approved by the court clerk's office on 12/12/22. Defendant fails, however, to show that the clerk's office or anyone else shortened the required notice period for hearing on the motion. Plaintiff did not, in opposition to the motion, raise the timelin...

Excerpt: ...ction a. Parties' Positions Plaintiff seeks a preliminary injunction prohibiting Defendants from taking any additional chassis out of Plaintiff's chassis pool during the pendency of this action. Plaintiff provides evidence that Defendants have continually taken chassis out of the pool and failed to remit payment, and seeks an order precluding them to do so in order to prevent irreparable harm. Defendants oppose the motion. They contend Plaintiff ...

Excerpt: ...C adds allegations that Carrasco, in her capacity as the entity defendant's agent, made representations that Defendant operates out of LA County in Harbor City and that its employees work out of the Harbor City office and live nearby. The FAC also adds a cause of action for Violation of Penal Code §496. 2. Motion to Quash a. Parties' Positions Defendant moves to quash service of the summons and complaint, contending (a) the summons and complaint...

Excerpt: ...and has taken steps to interfere with the sale of the property. 2. Matters on Calendar Today There are four matters on calendar today: The matters are:  Defendants' motion to strike;  Plaintiff's motion to compel directed at DeBose;  Plaintiff's motion to compel directed at Smith;  Case management conference. 3. Motion to Strike a. Procedural History of Motion Plaintiff filed his complaint on 12/16/21. Defendants filed demurrers and m...

Excerpt: ...ndants. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. 3. Consolidation The two above cases were deemed related on 6/22/22 and were consolidated on 12/08/22. 4. Moti...

Excerpt: ...f action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay mo...

Excerpt: ...On calendar today are Plaintiff's motion for attorneys' fees and Defendant's motion to strike or tax costs. 2. Motion to Strike or Tax Costs a. Procedural History of Costs The Court entered judgment on 6/23/22. The Clerk gave notice the same day. Plaintiff filed a memorandum of costs on 7/11/22, seeking to recover costs in the amount of $106,277.69. On 7/21/22, Defendant filed a motion to strike or tax costs, arguing that (a) Plaintiff failed to ...

Excerpt: ...gligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. All causes of action except the two negligence-based causes of action are brought on a ratification theory. The crux of Plaintiff's complaint is that a substitute teacher, Pietro Dalia, inappropriately touched her breasts and genitals during class. 2. Motion for Summary Judgment a. Relief Sought Defendant seeks summary judgment on the FAC. Alternatively, ...

Excerpt: ...to add a claim for “breach of the duty of undivided loyalty” to its cross- complaint. The proposed cause of action alleges Erlandson breached his duty of undivided loyalty to Eversoft when he solicited a prospective client on behalf of Butler Chemicals while still employed with Eversoft. b. Procedural Posture of Motion Notably, Eversoft takes the position that the duty of undivided loyalty was, at all times, implicated by way of its breach of...

Excerpt: ...al complaint included causes of action for injunctive and declaratory relief. On 6/06/22, Plaintiff filed his operative First Amended Complaint. It names as defendants LBUSD, Dr. Jill Baker, Jay Camerino, Edward Samuels, Mona Merlo, Sashya Tullo, Johnathan Hayes, and Eddie Cruz. It includes causes of action (each of which is pled against all named defendants) for: · Negligence · Negligent Supervision · Tortious Interference with Prospective Ad...

Excerpt: ...$1,750,000 on dates certain. ¶2 of the parties' agreement sets forth the payment schedule. It requires a $200,000 payment by 8/15/22, another $200,000 payment within sixty days thereafter, and $56,250 payments ever month thereafter. The parties' agreement, at ¶5, contains language stating, “In the event that Pate has not timely received a payment…notice of non-payment must be sent to Matrix's counsel, John Stephens, via e- mail…No payment...

Excerpt: ...evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have ...

Excerpt: ...lity (Skating Edge and Heindl); · Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California); · Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez); · Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC); · Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC); · Wrongful Death -- Products Liability – B...

Excerpt: ... the Court heard Defendants' demurrer to Plaintiff's First Amended Complaint, which he filed on 12/28/21. The FAC included causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. The Court issued a detailed ruling sustaining the demurrer with leave to amend. On 8/01/22, Plai...

Excerpt: ...ntiff alleges Defendants hired her in 2004 to work as a non-exempt cashier. She alleges she reported a work injury in May of 2019 and noticed her hours were significantly reduced beginning in June of 2019. She alleges a co-worker told her hours had been decreased because the store manager, Lisa Case, wanted her to quit; Case also allegedly refused to allow her to take her ten-minute break to rest her injured knee. Plaintiff alleges she filed a wo...

Excerpt: ... was uncertain on 5/24/22. Plaintiff filed his operative SAC on 6/13/22. The SAC includes causes of action for quiet title, partition of real property, breach of contract, and fraud. 2. Demurrer to Second Amended Complaint a. Parties' Positions Defendant demurs to the fourth cause of action for fraud in the SAC on the ground that it lacks the required specificity. Plaintiff opposes the demurrer, contending fraud has been pled with specificity, an...

Excerpt: ...ornia Department of Housing and Community Development (“HCD”). Plaintiff alleges she entered into a written contract with Defendant, Salinas, pursuant to which the parties agreed Salinas would assume temporary, non-physical, in-name-only ownership of the subject mobile home so Plaintiff could purchase a second home within the Belmont Shores Mobile Estates. The agreement had a termination date of 10/30/19, and Salinas was obligated to then ret...

Excerpt: ...sale proceeds once the projects were complete. Plaintiff alleges Defendants completed and sold the projects, but made no payments to Plaintiff. Plaintiff alleges both contracts entered into were partnership agreements. Plaintiff alleges, at ¶46 of his complaint, that “Nichols and Thompson” were the alter egos of DDSW; it appears Plaintiff meant to plead that Sazegar and Thompson were the alter egos of DDSW. 2. Motion for Leave to Amend a. Re...

Excerpt: ... firm and individual attorney as defendants, and then names “Celebrity #1-#11” and “John and Jan Does” as defendants. It includes causes of action for right to privacy, emotional distress, mail fraud, conspiracy, and related claims. On 9/08/22, the Court heard the attorney defendants' demurrer to the FAC, as well as Plaintiff's motion for leave to amend. The Court sustained the demurrer without leave to amend and granted leave to amend in...

Excerpt: ...charged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Appe...

Excerpt: ...re liable on all causes of action on an alter ego theory. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assu...

Excerpt: ...harged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. 2. Motion to Compel Further Responses a. History of Discovery Dispute Plaintiff propounded RPDs on Defendant, and Defendant served...

Excerpt: ...ndants. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. 3. Motion for Reconsideration a. Procedural History On 4/26/22, the Court, Honorable Mark H. Epstein presiding...

Excerpt: ...repay the loans, but Defendants were neither willing nor able to make the payments when they made the representations. On 8/31/21, Plaintiffs filed proof of service on each of the defendants. The POS documents showed service on Sandu and Phan by personal service, and on Legacy by substitute service. On 11/12/21, Plaintiffs dismissed Legacy from the action. On 11/22/21, the Clerk, at Plaintiffs' request, entered Phan's and Sandu's defaults. On 4/1...

Excerpt: ...d Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. On 4/19/22, the Court heard and granted Plaintiffs' motion for leave to amend. Plaintiffs were permitted leave to file a Second Amended Complaint, wherein they added the City of Torrance as a defendant in the action. Plaintiffs added the City because th...

Excerpt: ...ific performance of deed of trust and appointment of receiver, and damages for breach of contract. 2. Motion for Appointment of Receiver a. Relevant Facts Defendant, Long Beach Square Partners, LLC (“LBSP”) owned the subject property until 2019, when it sold the property to Defendant, LBB Housing Investors, LP (“LBB”) and took a seller take-back note and deed of trust against the property. LBB purchased the property using a loan from Plai...

Excerpt: ...GA Settlement Group Members" refers to all current and former hourly employees of Defendant in California during the covered period. (Settlement Agreement, ¶I(O)) "Covered Period" means the period from 6/05/19 to approval of the settlement. (¶I(D)) There are currently 422 PAGA Members. (¶III(B)) The Gross Settlement Sum ("GSS") is $345,000. (¶III(B)) Allocation of the PAGA Penalty Fund: 75% of the PAGA Penalty Fund will be paid to the LWDA as...

Excerpt: ...nt is that he was the property manager for the Reid/Winn property, as well as the Gray property, and Defendants engaged in improper conduct in order to take those relationships away from Plaintiff and obtain them for themselves. Of note, Reid and Winn are married to each other, and they are very close with the Grays. 2. Motion for Summary Judgment/Adjudication a. Parties' Positions Defendants seek summary judgment on Plaintiff's complaint. Altern...

Excerpt: ...ess as Tiger Construction, failed to complete work done at Khan's property, and that Khan overpaid for the work He did complete. Khan also included Hudson Insurance Company as a cross-defendant in the cross-complaint, and asserts a cause of action on contractor's license bond against Hudson in the amount of $15,000. Hudson filed a cross-complaint against Khan and He. Hudson's cross-complaint contains a sole cause of action for declaratory relief,...

Excerpt: ...The Court, on 8/11/22, issued an order scheduling the parties' various motions, including the motion to compel arbitration and demurrer on calendar today. 2. Motion to Compel Arbitration a. Parties' Positions Defendant, Sobol moves to compel arbitration, contending the parties' 2004 agreement for provision of health care services governs Plaintiff's claim, and requires Plaintiff to submit his claims to binding arbitration. Plaintiff opposes the m...

Excerpt: ...rdered each party to bear its own costs on appeal. After remittitur, the trial court issued judgment in favor of LBUSD and against Plaintiff on 4/27/22. 2. Motion to Tax Costs Defendant filed a memorandum of costs on 5/19/22. Plaintiff filed a motion to tax costs, specifically appellate costs and expert costs, on 6/02/22. However, on 5/27/22, LBUSD filed an amended memorandum of costs, wherein it no longer sought to recover appellate costs. There...

Excerpt: ...ding, granted Defendants' motion to compel Plaintiffs to sit for their depositions. On 10/07/22, Plaintiffs filed this motion for a protective order, which seeks an order precluding Defendants from deposing Claudia Morales or directing any written discovery at her unless and until her condition improves and she is released from the hospital. The motion was originally scheduled for hearing on 11/01/22 in Department 30 of the Spring Street Courthou...

Excerpt: ...ults entered, but on 9/13/22, the Court issued an order vacating the defaults. On 9/26/22, Defendants filed this demurrer and motion to strike, setting them for hearing on 10/25/22. On 10/17/22, the parties filed a stipulation to continue the hearing on the demurrer and motion to strike, indicating Plaintiffs, who had previously been representing themselves, had recently retained an attorney; the stipulation indicated the attorneys were attemptin...

Excerpt: ...r of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Undertaking a. Procedural History of Motion MSC Mediterranean Shipping Company S.A. filed this motion on 9/20/22, setting it for hearing on 2/16/23. On 10/05/22, the Court granted MSC's ex parte application to advance the hearing on the motion, and the Court rescheduled the hearing for 11/22/22. Any opposition to th...

Excerpt: ...hich is accompanied by a transcript of the 8/24/21 trial proceedings, a tax return, and exam changes from the IRS. · 9/21/22 Court enters judgment in favor of Plaintiff Lieberman against Goldberg and Rucci in the amount of $51,960.97, in favor of VIP against Goldberg and Rucci in the amount of $1779, and in favor of Plaintiffs, jointly, against Goldberg for punitive damages in the amount of $214,959.88. · 9/29/22 Plaintiffs file and serve Notic...

Excerpt: ...alleges Aurora, on 5/16/13, assigned the DOT from Nationstar Mortgage, LLC to Real Time Resolutions, Inc. (“RTR”), the defendant named in this action. She alleges RTR recorded a Notice of Default and Election to Sell on 9/27/21. At ¶14, Plaintiff alleges, “The reverse mortgage on the Subject Property, and they were both living there. At the time of this loan, PLAINTIFF was not old enough herself to qualify for a reverse mortgage. The husba...

Excerpt: ...aint is that she was an inpatient resident at SPCH following a seizure, and Bunoan sexually assaulted and harassed her. Plaintiff filed her complaint on 5/02/22. On 7/06/22, Bunoan filed an answer in pro per. On 7/12/22, the personal injury hub court transferred the case to Long Beach, finding it is complicated. On 7/15/22, SPCH filed an answer to the complaint. On 9/07/22, SPCH filed the instant motion to compel arbitration. 2. Motion to Compel ...

Excerpt: .... 2. Motion for a Protective Order a. Deposition of Anthony Maldonado Anthony Maldonado has signed verifications to Defendant's discovery responses and submitted a declaration in support of Defendant's summary judgment motion. Specifically, in connection with Lime's 12/10/21 summary judgment papers, Maldonado declared that he is a program manager for Lime and has access to Lime's records pertaining to each Lime user, including Plaintiffs. Because...

Excerpt: ...ts provision in the contract upon which this action was founded. (Chaney Decl., Exh. B.) The provision provides that the prevailing party in any legal proceeding related to the agreement is entitled to reasonable attorney's fees and costs, and Plaintiffs assert they are the prevailing parties. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall...

Excerpt: ... hiring, supervision, training, and/or retention, and survival. The FAC includes a prayer for punitive damages. 2. Demurrer a. Parties' Positions Defendant, Anaheim Gardens Housing, L.P. demurs to the FAC, contending it is uncertain as to the parties against whom it is alleged, and the emotional distress suffered and it fails to state a cause of action. Plaintiffs oppose the motion, contending the FAC is sufficiently certain and any ambiguity can...