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...