Excerpt: ...atent defects in the planning or construction of improvements to real property must commence within ten years of substantial completion. (Code Civ. Proc., § 337.15.) “The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement....

Excerpt: ...ented a property in Beverly Hills with a monthly rent of $12,500 from Defendants. Plaintiffs allege that Defendants wrongfully entered the property on September 2, 2021, and changed the locks, constituting an unlawful eviction. Defendants filed a cross-complaint alleging causes of action for breach of contract, trespass, intentional misrepresentation, and civil extortion. Defendants allege that Plaintiffs stopped making rental payments in Decembe...

Excerpt: ...nducted a case management conference on October 2, 2019, and expressly reminded Defendants' counsel to post jury fees. Judge Feffer ordered: “Jury fees are to be posted by 10/4/19 or jury is waived.” (See Case Management Order, dated October 2, 2019; see also Court's Minute Order, dated October 2, 2019.) Defendant's counsel, Chad Biggins, Esq., was present at the case management conference. Defendants' counsel was present at the case manageme...

Excerpt: ...fendants were served personally, and the two entity defendants were served through the agent for service of process. Plaintiff's counsel used registered process servers for service of process. Plaintiff then obtained entry of defaults and a default judgment in the amount of $630,468.89. On October 25, 2023, Defendants' counsel filed an ex parte application for a temporary stay of enforcement of the judgment under Code of Civil Procedure section 9...

Excerpt: ...ness practices, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, and unjust enrichment. Defendants filed a cross-complaint for breach of contract, for allegedly failing to pay legal fees. Now, Defendants move to compel arbitration in this case. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance o...

Excerpt: ...torney who maintained a practice, Edward Steinbrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Steinbrecher passed away, and in May 2019, the probate court appointed Plaintiff to be the practice administrator for the practice. (Ibid.) At the time of his death, Steinbrecher was handling a personal injury case on behalf of the plaintiff: Anthony Miramontes v. United Parcel Services, Inc., et al., Case No. BC661807 (the “Miramontes case”)....

Excerpt: ...his tentative order. The Court authorizes remote appearances. Any party who wishes to appear remotely but is experiencing difficulty may contact the Court's clerk, Roberto Mendoza, at (213) 633- 0159. Plaintiff Leia Brim (“Plaintiff”) filed this action against her former husband, Delrick McElwee (“Defendant”), asserting a cause of action for “intentional tort.” Plaintiff alleges that Defendant “harassed” her and “made terrorists...

Excerpt: ...ance, and declaratory relief. Plaintiff alleges as follows: Defendants operate a security checkpoint at the intersection of Casiano Road and Stephen S. Wise Drive. (Complaint, ¶ 9.) In or about June, 2022, Defendants installed signs along Casiano Road directing non Bel Air Park resident traffic to use the left lane only and to stop at the security checkpoint. (Ibid.) Resident traffic, on the other hand, may bypass the security checkpoint. (Ibid....

Excerpt: ...the Plaintiffs and engaged in selective enforcement of the Governing Documents to Plaintiffs' financial and emotional detriment most notable since the beginning of 2019.” (Id., ¶ 24.) Plaintiffs allege that the building manager, Peter Ong, failed to address at least 26 written incident reports, including “harassing, disturbing, threatening, intimidating, slandering, and racially discriminating behavior” by another tenant, Christopher Tripp...

Excerpt: ...filed this action against Hung-Chih Yang, as an individual and as trustee of the Hung-Chih Yang and Ting-Lin Yang Revocable Trust, dated 05-30-2009 (“Defendant”). Plaintiff rented Defendant's commercial property for her medical practice until the City of El Monte (the “City”) issued an administrative citation because there was no certificate of occupancy for the building. Plaintiff's operative complaint asserts the following causes of act...

Excerpt: ...llows: “On or about October 19, 2017, Plaintiff began suffering from intestinal issues with chronic diarrhea and urinary tract infections as symptoms.” (Complaint, ¶ 17.) “As a result, Plaintiff informed Defendants of the same.” (Ibid.) “On or about October 20, 2017, due to the severity of her physical symptoms, Plaintiff informed Defendants that she would not be able to report to work.” (Id., ¶ 19.) “On or about October 22, 2017,...

Excerpt: ... to entry of this tentative order. INTRODUCTION Plaintiff Shahrouz Jahanshahi (“Plaintiff”), a self-represented litigant, filed this legal malpractice action against his former attorney, Corey Evan Parker, and a series of Doe defendants. Following a demurrer, the following causes of action remained at issue: (1) Legal malpractice, (2) Breach of fiduciary duty, and (3) Breach of contract. (See Court's Minute Order, dated August 25, 2021.) Shor...

Excerpt: ... media presence. Pittleman alleges that she is owed $177,000 for her work. Spina alleges that it agreed to give Pittleman a commission of 10% on the net profits from new sales made by Pittleman to Spina's existing customer Healthy Spot. Spina alleges that Pittleman demanded a 25% interest in the company, and when Spina refused, Pittleman allegedly shut down its website and removed its products from Spina's social media accounts. Plaintiff served ...

Excerpt: ...ent for the mediation. In response, Weber filed the instant case, asserting a single cause of action for declaratory relief. Weber seeks a judicial determination that the contract is voidable under Business and Professions Code section 6147(b) for failure to comply with section 6147(a), or, in the alternative, that Rothman is not entitled to $9,830.40. LEGAL STANDARD Code of Civil Procedure section 1060 permits “[a]ny person interested . . . un...

Excerpt: ...ess practices, breach of contract, breach of the implied covenant of good faith and fair dealing, declaratory relief, and unjust enrichment. Defendants filed a cross-complaint for breach of contract, for allegedly failing to pay legal fees. Now, Defendants move to compel arbitration in this case. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of...

Excerpt: ...oppement, S.A. (“SARD”) (collectively, “Defendants”). Conkwest Incorporated (“Conkwest”), a predecessor entity of Plaintiff, entered into a non-exclusive licensing agreement with SARD on December 16, 2011. Plaintiff alleges that this agreement granted Defendants a license to use NK-92 cells for limited research and development purposes. Plaintiff alleges that Defendants were not authorized to modify the cells or use the cells for comm...

Excerpt: ...mpel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m. Any party who does not appear at the hearing, either remotely or in-person, shall waive the right to be heard on these motions and shall submit to any order issued following the hearing. Plaintiff Yerik Berry (“Plaintiff”) filed this employment case against Defendants United Moving Cars, Juan Carlos Acosta Martinez, and MA Gua...

Excerpt: ...mpel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m. Any party who does not appear at the hearing, either remotely or in-person, shall waive the right to be heard on these motions and shall submit to any order issued following the hearing. Plaintiff Yerik Berry (“Plaintiff”) filed this employment case against Defendants United Moving Cars, Juan Carlos Acosta Martinez, and MA Gua...

Excerpt: ...Petitioner has dismissed Cohen from this proceeding in favor of pursuing a separate arbitration against him. Petitioner seeks only to confirm the arbitration award against Kosher Foods Unlimited. A party may seek a court judgment confirming an arbitration award by filing and serving a petition at least 10 days, but no more than four years after the arbitrator serves the arbitration award. (Code Civ. Proc., §§ 1288, 1288.4.) The Court must confi...

Excerpt: ...er Nine, which sought to exclude the same evidence. (See Court's Minute Order, dated August 25, 2023.) Previously, Plaintiff sought to introduce evidence of alleged harassment by two men, Shihan Dias and Robert Weissman. Plaintiff produced text messages from Dias, and the text messages with dates were sent after she was no longer employed at Costco. (Declaration of Nadia D. Adams, ¶¶ 2-3 & Exh. #2.) There was one string of texts that were not d...

Excerpt: ...mployees intentionally interfered with his employment with the City of Los Angeles by communicating false information about him. There is no dispute that Plaintiff signed a waiver authorizing Los Angeles to obtain any information pertaining to his employment history and releasing all former employers from “any and all liability for damage of whatever kind . . . because of compliance with this authorization and request to release information, or...

Excerpt: ...d moves to strike the prayer for punitive damages and related allegations. The Court sustained Defendant's demurrer because this action is untimely. The Court issued an order to show cause why leave to amend should be granted and ordered Plaintiff's counsel to file a response containing all facts that would be included in an amended complaint. Having reviewed Plaintiff's response, the Court now denies leave to amend and dismisses this case with p...

Excerpt: ...ted in the People's Republic of China. Defendants now move to quash service of the summons and complaint, which Plaintiff opposes. The motion is continued to afford Plaintiff's counsel an opportunity to conduct (limited) jurisdictional discovery. PLAINTIFF'S ALLEGATIONS Plaintiff is a technology company that provides for certified testing, inspection, and auditing of consumer products manufactured in China. (Complaint, ¶ 1.) Plaintiff has its pr...

Excerpt: ...f opposes. The Court grants the motion in part and denies the motion in part. PLAINTIFF'S ALLEGATIONS Edward Steinrecher (“Steinrecher”) was an attorney who maintained a practice, Edward Streinrecher, P.C. (the “practice”). (Complaint, ¶ 1.) Streinrecher passed away, and in May 2019, the probate court appointed Plaintiff to be the practice administrator for the practice. (Ibid.) At the time of his death, Steinrecher was handling a person...

Excerpt: ... violation of California Labor Law, (4) Failure to issue timely and accurate itemized wage statements, and (5) Unfair business practices under Business and Professions Code section 17200. Defendant demurs to the complaint, arguing that this action is barred by the “ministerial exception” to the state's employment laws. The Court sustains the demurrer to the first and second causes of action with leave to amend. The Court sustains the demurrer...

Excerpt: ...ile a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, internal quotations and citatio...

Excerpt: .... Now, Plaintiff seeks leave to add Apex as a defendant to preclude an “empty chair defense,” and to include allegations that Apex is an alter ego of Defendant. The motion is granted. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by...

Excerpt: ...e third cause of action (sexual orientation harassment) and the fourth cause of action (sexual harassment). The bulk of Plaintiff's complaint relates to disability discrimination and related causes of action. Plaintiff alleges only as follows with respect to his claims for sexual orientation harassment and sexual harassment: 1. In February 2022, during a diversity training, an x-ray technician, John Oritz, states that “he didn't want to deal wi...

Excerpt: ...052.42 in costs. Defendant opposes the motion, arguing that Plaintiff should receive only $14,265 in attorney's fees and $10,118.85 in costs. The Court grants the motion and orders Defendant to pay Plaintiff's counsel $35,765.95 in attorney's fees and $13,052.42 in costs. LEGAL STANDARD The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Akins...

Excerpt: ...igent misrepresentation, false promise, willful and reckless misconduct, and gross and ordinary negligence. The gravamen of Plaintiff's case is straightforward: He alleges that he was not awarded the Davis Alumni Award in retaliation for having filed complains for disability and religious discrimination. Now, Defendant moves for an order declaring Plaintiff to be a vexatious litigant under Code of Civil Procedure section 391, et seq., an order re...

Excerpt: ...o.” (Gov. Code, § 12965, subd. (b); Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 115.) Plaintiff's counsel did not raise this argument in his moving papers, and the Court cannot consider arguments first raised in reply briefs because the opposing party had no opportunity to respond. Therefore, the Court continues the hearings on the motions to tax costs to October 23, 2023, at 8:30 a.m. Defendants may file a surreply b...

Excerpt: ...ide projects. In November 2016, Plaintiff sent Defendant's owner, Leonel Prats, a note stating that he was in the hospital for surgery. In response, Mr. Prats' secretary, Claire McCarty, sent an email to a supplier stating that Plaintiff “is currently not working as our employee” and that the supplier should bill him directly for one project. The email also stated that “[t]he only persons that currently should be purchasing on [Defendant's]...

Excerpt: ... protective order on November 8, 2022. The case then settled without any substantive litigation. There is no dispute that the case settled and that Plaintiff was the prevailing party, based upon which Plaintiff's counsel filed the instant motion for attorney's fees. Plaintiff's counsel seeks $28,192.50 in attorney's fees and $744.31 in costs. Defendant opposes the motion as it relates to attorney's fees and argues that the Court should award no m...

Excerpt: ...nder FEHA 4. Failure to Prevent Discrimination, Harassment, and Retaliation under FEHA 5. Failure to Provide Reasonable Accommodation under FEHA 6. Failure to Engage in a Good Faith Interactive Process under FEHA 7. Declaratory Judgment 8. Wrongful Termination in Violation of Public Policy Defendants move for summary judgment or, in the alternative, summary adjudication. The Court grants summary judgment on every cause of action except the fifth ...

Excerpt: ... 2. Age discrimination under FEHA 3. Disability discrimination under FEHA 4. Harassment under FEHA 5. Retaliation under FEHA 6. Failure to prevent discrimination, harassment, and retaliation under FEHA 7. Wrongful termination in violation of FEHA 8. Intentional infliction of emotional distress 9. Negligence 10. Failure to pay overtime wages 11. Failure to provide meal and rest breaks 12. Failure to pay discharged employee 13. Failure to provide i...

Excerpt: ...as follows: “Per the Government Claims Act, a party with a claim for damages against a public entity must first file claim directly with that entity. The party may file a lawsuit only if the public entity denies or rejects the claim. (Gov. Code §§ 905, 945.4; City of Ontario v. Superior Court (1993) 12 Cal.App.4th 894.) The claims presentation requirement provides the public entity with an opportunity to evaluate the claim and decide whether ...

Excerpt: ...es, and breach of fiduciary duty. Plaintiff alleges as follows: Fire Dragon was formed on or about November 26, 2012. (Complaint, ¶ 11.) There were four members: Plaintiff, Defendant Le, Defendant Tran, and Shi Yin Wong. (Complaint, ¶ 12.) Plaintiff alleges that he invested additional funds in Fire Dragon. (Complaint, ¶¶ 13, 16, 17.) Eventually, Defendant Tran purchased the membership interests of Defendant Le and Wong. (Complaint, ¶ 18.) Th...

Excerpt: ...w, Defendant demurs to each cause of action and moves to strike certain allegations in the complaint, which Plaintiff opposes. The demurrer is overruled and the motion to strike is denied. PLAINTIFF'S ALLEGATIONS Plaintiff was the Chief Operating Officer and Secretary of Terraform. (Complaint, ¶ 1.) Defendant is the Chief Executive Officer and Chief Financial Officer of Terraform. (Id., ¶ 4.) Plaintiff and Defendant were the two directors of Te...

Excerpt: ...tions impacted a jury's award of damages. (Bigler‐ Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 299.) Defendant's counsel focuses on the Court's comment: “And, frankly, your conduct towards Mr. Katofsky has been unacceptable.” This comment related to an incident that occurred outside the presence of the jury in which Plaintiff's counsel accused Defendant's counsel of making a misrepresentation to the Court at sidebar and asked the Court t...

Excerpt: ...re”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposes the motion, which is granted. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of provi...

Excerpt: ...which is granted. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral ...

Excerpt: ... Arnold and BMA Securities, LLC (collectively, “Defendants”). Plaintiff alleges that he is a stockbroker and provides financial, securities and investment services and advice to clients. (First Amended Complaint, ¶ 2.) Plaintiff alleges that he worked for Defendants, earning significant “commissions, revenue and income.” (Id., ¶ 11.) Plaintiff alleges that Defendants have refused to pay him owed commissions since January 15, 2020. (Ibid...

Excerpt: ...ut failed to distribute the proceeds per the trust. (Second Amended Complaint, ¶¶ 7, 11.) Defendant filed a demurrer to the second cause of action, which the Court sustained in part and overruled in part. (See Court's Minute Order, dated February 24, 2022.) In particular, the Court overruled the demurrer to the fraud and constructive trust claims. Defendant allegedly misrepresented to Rosario Nuno and Jesse Nuno that she would hold the 20th Str...

Excerpt: ...aintiff dismissed these defendants. Therefore, the Court discharged the Order to Show Cause. Notice is not required. Order #2 of 3 Motion to Compel Further Responses Plaintiff JJ Zhang (“Plaintiff”) filed this action against Harrison Kordestani, Esq. (“Defendant”) asserting causes of action for malicious prosecution of a civil proceeding. Plaintiff alleges as follows: Defendant, an attorney, represented his clients in two different lawsui...

Excerpt: ...and Officer Nathan Brown aggressively pinned him to the ground by placing weight on Plaintiff's lower back. Plaintiff alleges that the LAPD officers released him, explaining that “sometimes they ‘get the wrong guy.'” Plaintiff alleges that as a result of the excessive force, he suffered a broken rib, chest trauma, and a herniated disc at L4 and L5, necessitating spinal surgery. Now, Defendants seek to designate an untimely expert, a radiolo...

Excerpt: ...��persistent narcotics nuisance” emanating from a single-family house located at 4307 Westlawn Avenue in Los Angeles, California 90066 (the “Subject Property”). Now, the City moves for summary judgment, which Defendant opposes. The motion is denied, as the dispositive issues must be resolved at trial. FACTUAL BACKGROUND A. The City's Evidence Defendant has resided at the Subject Property since 2005. (Defendant's Response to Plaintiff's Sepa...

Excerpt: ...and moves to strike the prayer for punitive damages, which Plaintiff opposes. The Court sustains the demurrer to the first through fifth causes of action and grants the motion to strike. PLAINTIFF'S ALLEGATIONS Plaintiff worked at St. Vincent's Hospital as an emergency room admitting representative from February 3, 2020, to October 9, 2020. (First Amended Complaint, ¶¶ 8, 10.) Plaintiff observed “numerous violations of state and federal laws,...

Excerpt: ...ore August 3, 2023, at 8:30 a.m. In the alternative, any party requesting a hearing may do so by appearing remotely on the morning of the hearing. If any party requests a hearing, the Court's clerk will reschedule the hearing for a date when the Court is available. If neither party requests a hearing, the Court's clerk will issue this order on August 3, 2023, at 8:30 a.m. without any hearing. [TENTATIVE] ORDER Plaintiff Security National Insuranc...

Excerpt: ... relating to Canoo's electric vehicles. (See Complaint, Exh. A, p. 10.) There was a dispute over the contract. (Ibid.) On September 16, 2022, the parties entered into a settlement and release agreement to resolve a prior dispute. (Complaint, ¶ 7.) The settlement agreement provided that Canoo would pay a total of $3,250,000 in four instalments on the following dates: (1) $500,000 on September 19, 2022; (2) $500,000 on September 30, 2022; (3) $1.1...

Excerpt: ...aintiff's counsel does not appear, either remotely or in-person, the hearing will proceed in his absence and he shall waive the right to be heard and shall submit to any order issued by the Court on this motion. Plaintiff Traceena Pennix (“Plaintiff”) filed this action against Bahram Rahrovi, erroneously sued as “Brian David Ross” (“Defendant”), among others, on July 6, 2021, for breach of the warranty of habitability and other causes...