Excerpt: ...this auto accident case rendered in a defense verdict. Defendant Diane Merrick's Memorandum of Costs seeks to recover $102,019.48 in costs. In general, Plaintiff moves on the claims that: (1) Defendant's Memorandum of Costs is untimely; (2) The Offer to Compromise (Code Civ. Proc. § 998) upon which Defendant relies was not valid and therefore Defendant's Memorandum of Costs should be denied it its entirety, and; (3) Even if Defendant's § 998 of...

Excerpt: ...efendant Diane Merrick's Memorandum of Costs seeks to recover $102,019.48 in costs. In general, Plaintiff moves on the claims that: (1) Defendant's Memorandum of Costs is untimely; (2) The Offer to Compromise (Code Civ. Proc. S 998) upon which Defendant relies was not valid and therefore Defendant's Memorandum of Costs should be denied it its entirety, and; (3) Even if Defendant's S 998 offer had been valid, the Memorandum of Costs are unsupporte...

Excerpt: ...a motion for a new trial within 10 days of entry of final judgment, entered on May 8, 2023, on the jury verdict. The court finds the notice of intention for new trial and the motion for new trial to be timely filed. Defendants move for new trial on the following grounds: (1) Improper orders of the Court (Code of Civil Procedure (CCP) §657(1)); (2) Abuse of discretion by the Court (CCP § 657(1)); (3) The verdict is contrary to law (CCP § 657(6)...

Excerpt: ...summary adjudication is denied. Defendant is to give notice. Background This action arises out of applications submitted in 2021 by Lashawn Johnson, Essence Martin, Marcus Davis, and Shavon Garci (“Plaintiffs”) to rent residences that were owned by Defendant, Barker Management, Inc. (“Defendant”). According to the Complaint, Defendant obtained confidential investigative consumer reports about Plaintiffs from an investigative company, with...

Excerpt: ...TRIAL DATE: Not Set. PROOF OF SERVICE: OK MOTION: Defendant's Motion to Compel Arbitration and for a Stay of Proceedings OPPOSITION: February 8, 2023 REPLY: February 15, 2023 TENTATIVE: Defendant's motion to compel arbitration is granted. Defendant is to give notice. Background This action arises out of the employment of Plaintiffs Isador Martin, Khadijah Betts, Ryan Casper, Viridiana Mendez, Cynthia Mercado, Daniel Miranda, Christopher Olivera, ...

Excerpt: ...rrer is sustained. Defendant's motion is granted. Plaintiff is granted 30 days leave to amend. Defendant is to give notice. Background This action arises in connection with the residency of Madison Banach (“Plaintiff”) at 615 S. Catalina Ave., #122, Redondo Beach, California (the “Property”). Plaintiff alleges that she leased Unit 122 (“Rental Unit”) of the Property in July 2021 and continues to reside at the Rental Unit. During her r...

Excerpt: ...s taxed in the amount of $36,132, so that costs will be allowed in the amount of $26,024.26.. Background This case arises out of a two-vehicle collision. On October 5,2022, the Court signed a judgment in the amount of $12,024.00 in favor of the Plaintiff which the Clerk entered on October 05, 2022. On October 14, 2022, plaintiff filed and served a Memorandum of Costs in the amount of $ 62,157.26. Defendants' motion seeks to tax $54,605.90 of this...

Excerpt: ...ctober 3, 2022 TENTATIVE: Defendants' motion to tax costs is granted as to the expert fees for $79,489.09, for $1,200 for nurse observers at the defense medical exam and $5,000 for the focus group and otherwise denied. Costs are awarded in the amount of $86,592.61. Defendants to give notice. Background Plaintiff filed a summary memorandum of costs on September 13, 2022, following the entry of judgment after a jury trial. Defendants have now moved...

Excerpt: ...court's grant of a motion for summary judgment. The judgment and notice of entry of judgment were filed on August 2, 2022. The court finds the notice of intention for new trial and the motion for new trial to be timely filed. Plaintiffs move for new trial on the following grounds: (1) Irregularity in the proceedings of, or abuse of discretion by the Court (Code of Civil Procedure §657(1)); (2) Accident or surprise which ordinary prudence could n...

Excerpt: ...he judgment entered on court's grant of directed verdict. The judgment and notice of entry of judgment were filed on August 2, 2022. The court finds the notice of intention for new trial and the motion for new trial to be timely filed. Plaintiff moves for new trial on the following grounds: (1) Irregularity in the proceedings of, or abuse of discretion by the Court (Code of Civil Procedure §657(1)); and (2) There was an error in law occurring at...

Excerpt: ...ained without leave to amend. Defendant is to give notice. Background This is an action arising out of the legal representation of Kristy Keers (“Plaintiff”) by Defendants John Koutsoukos and JMK Law Group in a matter filed with the Riverside Superior Court on June 18, 2018, Case No. RIC1804747. Plaintiff alleges Defendants Koutsoukos and JMK Law Group committed legal malpractice as a result of their representation and connection to Defendant...

Excerpt: ...ember 14, 2022 Tentative: Cross-Defendants' motion for reconsideration is denied. Cross-Complainant is to give notice. Background This action arises out of Plaintiffs Joanna Cohen (“Cohen”) and Jeremy Rosenberg's (“Rosenberg”) lease of real property located at 7601 Midfield Avenue, Los Angeles, California (the “Midfield Property”). Plaintiffs allege that Defendant Autumn Lorenz (“Lorenz”) is the owner of the Midfield Property, Def...

Excerpt: ...22. TENTATIVE: Defendant's motion is denied. Plaintiff is to give notice. Background This action arises out of an ownership dispute in real property located at 1901 E. Carson Street, Long Beach, California (the “Subject Property Property”). Plaintiff is the successor trustee to the BN Family Trust dated June 5, 2000, settled by Behrouz Nopavar (“Nopavar”) on June 5, 2000. Plaintiff claims ownership to the Subject Property, as do Bob Terme...

Excerpt: ...ed in the amount of $2,915.16, so that costs will be allowed in the amount of $15,445.24. Background The judgment appealed from was filed herein on March 12, 2022. Defendants filed their Notice of Intention to Move for New Trial and their Notice of Motion for Judgment Notwithstanding the Verdict on April 1, 2022. The Superior Court entered its order denying the defendants' motion for new trial, and its order granting defendants' motion for judgme...

Excerpt: ...he amount of $81,327.48, so that costs will be allowed in the amount of $34,696.77. Background This case arises out of a watercraft versus watercraft collision which occurred on May 25, 2015 near Big Bend State Park in Laughlin, Arizona. This wrongful death case was tried to a jury on theories of product liability against defendant Yamaha Motor Corporation, U.S. (YMUS) and negligence against Defendant Envieh and non-party Watercraft Adventures Re...

Excerpt: ...gment. Background This is a petition to confirm arbitration award. According to the Petition, Mix & Match Apparel, Inc. (“MMA” or Petitioner) and Edward Kim AKA Kyung Ho Kim dba KNY Apparel (“Respondent”) entered an agreement to arbitrate on January 12, 2022. Pursuant to this agreement, the parties arbitrated their dispute before the Dale J. Park, Esq. (the “Arbitrator”) The Arbitration took place on February 9, 2022. MMA initiated th...

Excerpt: ...f is awarded $17,960.00 in attorney's fees. Plaintiff is to give notice. Background This is a lemon law action arising out of Artur Altunyan's (“Plaintiff”) purchase of a 2015 Mercedes-Benz CLS (the “Vehicle”) manufactured by Mercedes-Benz USA, LLC. (“MBUSA”) Plaintiff alleges that the Vehicle was delivered with defects and nonconformities to warranty, including engine and electrical defects. Further, MBUSA allegedly failed to repair ...

Excerpt: ...T, an individual; KRISTINA THABET, an individual; and ILHAM CHAOUIR, an individual, Nominal Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. BC635250 Hon. RICHARD J. BURDGE JR. Dept. 3 RULING ON NEW TRIAL MOTION ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs Michael Thabet, Kathy Thabet, George Thabet, Nicolas Thabet, Kristina Thabet and Ilham Chaouir, as successors in interest to Magdy Thabet, filed a notice of intention to file a ne...

Excerpt: ...ice. Background This action arises in connection with property located at 4111 Lafayette Place, Culver City, California (the “Property”). Belinda Corpuz (“Plaintiff”) alleges that she resided in and owned the Property at all times relevant to this action. On February 27, 2007, Plaintiff obtained a mortgage loan on the Property in the amount of $175,000 from Countrywide Home Loans, Inc. (“Countrywide”) memorialized by a Deed of Trust. ...

Excerpt: ...demurrer, Defendant's motion to strike is moot. Plaintiff is granted 30 days leave to amend. Defendant is to give notice. Background This action arises out of Robert James Brenneman's (“Plaintiff”) lease of a 2019 Chevrolet Bolt EV (“Subject Vehicle” or “Vehicle”) which was manufactured and or distributed by General Motors, LLC (“Defendant”). Plaintiff alleges that in connection with the lease, Plaintiff received warranties which ...

Excerpt: ...eave to amend. Feder is to give notice. Background This is police misconduct action arising out of a July 11, 2021, incident which resulted in the arrests of Holly Baird and Nigel Carter (“Plaintiffs”). Plaintiffs allege that on July 11, 2021, after parking their vehicle at El Matador Beach in the County of Los Angeles, several Los Angeles County Deputy Sheriffs, including Defendant Deputy Lee (“Lee”), rushed their vehicle and forcibly ar...

Excerpt: ...ants are to give notice. Background This is an action arising in connection with an automobile accident which occurred on June 5, 2019. The accident involved Jose Padron, who was working for RB Towing, LLC dba Home Auto Repair/HAR Towing (the “Insured”) at the time of the accident, and the other driver was an uninsured motorist. Jose Padron and Rahyne Padron (collectively “Defendants”) pursued a Worker's Compensation Claim, under an insur...

Excerpt: ...t's motion to strike is moot. Plaintiff is granted 30 days leave to amend. Defendant is to give notice. Background This is an action arising out of the legal representation of Kristy Keers (“Plaintiff”) by Defendants, John Koutsoukos and JMK Law Group, in a matter filed with the Riverside Superior Court on June 18, 2018, Case Number RIC1804747. Plaintiff alleges Defendant Koutsoukos and JMK Law Group committed legal malpractice as a result of...

Excerpt: ... leave to amend. Defendant Joseph W. Amirian to give notice. Background This action arises in connection with Defendant, Joseph W. Amirian's (“Joseph Amirian”) alleged “financial crimes and other wrongdoings” against Plaintiffs through his physical therapy practice, Joseph Amirian Physical Therapy (“JA Therapy”) and JA Services, Inc. (“JA Services”). Shaida Moggadham (“Moggadham”), Ehsan Doroudi (“Doroudi”) and Everloving ...

Excerpt: ...o CCP section 1281.4, this action is stayed pending the completion of arbitration. Defendant is to give notice. Background This is an action arising out of Plaintiff, Nicole Antos' (“Plaintiff”) employment with Defendant, Gunpowder & Sky, LLC. (“Defendant”). Plaintiff's Complaint alleges Plaintiff is a marketing professional who was hired by Defendant in November 2019 as Director of Marketing & Insights. Plaintiff alleges her direct manag...

Excerpt: ...ted 30 days leave to amend their scriveners error. Moving Defendant to give notice. Background This is a breach of warranty of habitability action. Plaintiffs Marika Mathieu and Cedric Mathieu (collectively “Plaintiffs”) allege they were tenants of residential property located at 1420 North Alta Vista Blvd., Unit #211, Los Angeles, CA 90046, which was owned by Defendant W/F/ Chateau Partners LLP and managed by Defendants 1400 N Gardner LLC an...

Excerpt: ... June 1, 2022 REPLY: June 7, 2022 TENTATIVE: Defendant's motion is granted. Plaintiffs are granted 30 days leave to amend. Defendant is to give notice. Background This is a declaratory and injunctive relief action arising out of Defendant, County of Los Angeles' (“Defendant”) mandate for all of its employees to be vaccinated against COVID-19. Plaintiffs, Vincent Tsai (“Tsai”), Oscar Rodriguez (“Rodriguez”), Enrique Iribe (“Iribe”)...

Excerpt: ...dants' motions for summary judgment are granted. Moving Defendants are to give notice and prepare a proposed judgment. Background This action arises out of Edil Vazquez's (“Vazquez”) and Steve Congalton's (“Congalton”) (collectively, “Plaintiffs) employment as police officers with Defendant, the City of Pomona. (“City”). Plaintiffs' Complaint also names as Defendants police chief Michael Olivieri (“Olivieri”) and police captain ...

Excerpt: ...is sustained, without leave to amend. Drake Defendants' motion to strike is granted in part (Notice of Motion, items 1, 4.) and is otherwise moot. Drake Defendants are to give notice. Background This is a Petition for Writ of Mandate and Complaint arising out of Petitioner, David Seyde's (“Petitioner”) and Respondent, Brian Kennedy's membership in Respondent, Skyline Outdoor Media LLC. (“Skyline”) Petitioner alleges that he owns a 20% mem...

Excerpt: ...e agreement (“Agreement”) entered into between Plaintiff App Makers, LA, LLC (“Plaintiff”) and Defendants Kevin Ellyson and Sun Scooter, Inc. (collectively “Defendants”) in connection with a debt to Plaintiff for its development of certain cell phone “apps” for Defendants. On September 11, 2019, Plaintiff filed its operative complaint. Plaintiff's Complaint alleges the following causes of action: (1) breach of written contract, (2...

Excerpt: ...ants' demurrer is sustained. Having sustained the demurrer, Defendants' motion to strike is moot. Plaintiff is granted 30 days leave to amend. Background This is a breach of contract, fiduciary duty, and corporate dissolution action arising out of investments made by Plaintiffs, Yue Ma (“Ma”), Lihong Zhao (“Zhao”), Sunny West Coast Co. (“Sunny”), and Hua Ming Technology Co. (“HM Tech”), into Defendant Ideal International Investmen...

Excerpt: ... tortfeasor or co-obligor from any further claims against the Defendant/Cross- Defendant for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (CCP § 877.6 (c).) Background Plaintiff, Alexie Rodriguez (“Plaintiff”) filed this action against Defendants, Alene Alyssa Saavedra, and Pedro Luis Saavedra for damages arising out of a multi-vehicle accident. On June 8, 2021...

Excerpt: ...as' (“Plaintiff”) residency at 1332 Walnut Avenue, Long Beach, California. (the “Property”) Defendants, 1332 Walnut Ave LB, LLC (“Defendant”) was allegedly the owner of the Property. Plaintiff alleges that she became a tenant in 2007 and that between 2010 and December 2020, Plaintiff's apartment at the Property was uninhabitable on account of water intrusion, resulting in infestation of pests and vermin. Plaintiff allegedly complained...

Excerpt: ...ered on March 11, 2022, on the jury verdict. The court finds the notice of intention for new trial and the motion for new trial to be timely filed. Defendants move for new trial on the following grounds: (1) Irregularity in the proceedings of, or abuse of discretion by the Court (Code of Civil Procedure §657(1)); (2) Accident or surprise, which ordinary prudence could not have guarded against (Code of Civil Procedure §657(3)); (3) The award of ...

Excerpt: ...nted. Background This is a breach of fiduciary duty action regarding three properties in San Francisco, 1901 Pacific Avenue, 1012 Page Street, and 1378 Alabama Street (collectively “the Properties”), which were purchased and used to secure a loan by Plaintiffs, Verpresar, LLC, Camierda 1, LLC, Jambax 2, LLC, and Anne Kihagi (collectively “Plaintiffs,” also referred to in the Complaint as “Borrowers”). Plaintiffs secured the loan which...

Excerpt: ...ross-Defendants' motion to strike is moot. Cross-Defendants are to give notice. Background This action arises out of Plaintiffs, Joanna Cohen (“Cohen”) and Jeremy Rosenberg's (“Rosenberg”) lease of real property located at 7601 Midfield Avenue, Los Angeles, California (the “Midfield Property”). Plaintiffs allege that Defendant Autumn Lorenz (“Lorenz”) is the owner of the Midfield Property, Defendant Nina Plotner (“Plotner”) is...

Excerpt: ...Co. (“Defendant”). Plaintiff filed a petition (the “Complaint”) to commence this action. The Complaint alleged that Defendant harassed, retaliated, discriminated, and wrongfully terminated Plaintiff because she filed a worker's compensation claim and requested work accommodations following an injury. The Complaint also alleged that Plaintiff suffered intentional and negligent infliction of emotional distress in the hands of her supervisor...

Excerpt: ...California (the “Property”). Plaintiff, Rikki Selby (“Plaintiff”) brings this action against Defendant, Greg Stangl (“Stangl”), her representative in connection with purchase of the Property. According to the Complaint, Plaintiff entered into a Residential Purchase Agreement and Joint Escrow Instructions (the “RPA”) for purchase of the Property on March 27, 2017. Plaintiff was later provided a “Real Estate Transfer Disclosure St...

Excerpt: ... David Franco (“Defendant”). Plaintiff alleges that he is the owner of undeveloped land located at lots 377 and 378 of tract number 1450 in the City of Los Angeles, California. Lots 377 and 378 were legally joined as one parcel on or about January 2, 2009. (hereinafter “Lot 378”). In addition, Plaintiff alleges that he also owns undeveloped land located at lot 422, tract number 1450, assessor's property number (“APN”) 2424-027-028. De...

Excerpt: ...d to perform on an Option Agreement dated August 16, 2019 (the “Agreement”) by failing to put the Property on the market and disbursing 50 percent (50%) of the profits to Plaintiff as agreed. The Complaint seeks a judgment compelling Defendant to perform under the Agreement and transfer the Property on the open market to the highest and best offer. Plaintiff's Complaint, filed October 21, 2020, alleges the following causes of action: (1) brea...

Excerpt: ...s granted 30 days leave to amend from this date. Defendants are to provide notice. Background This action arises out of Defendants' unfair business practices relating to home improvements. Plaintiff Jose Vilchis alleges that, in or around August 2017, he was approached by a representative, who was acting within the scope of his employment with Defendants Aleman Electric/Eco Solar Plus LLC (“Eco Solar”) and Max and Son, Inc. (“M&S”) (colle...

Excerpt: ...these additional amounts of attorney fees and costs. Background This action arises out of a general partnership, California Investors I (“CII”), involving Plaintiff, David Frith-Smith (“Plaintiff”) and Defendant, Frank Cornell (“Cornell”), among others. Plaintiff contends that he is a limited partner of the partnership and that Cornell is a general partner. Plaintiff contends that Cornell has breached his duties as a general partner b...

Excerpt: ...ike is denied as moot. Plaintiff is granted 30 days leave to amend. Law Office is to give notice. Background This action arises out of Plaintiff, Laura Sermeno's (“Plaintiff”) employment with Defendant, Law Offices of Ramin R. Younessi. (“Law Office”). Plaintiff alleges that she began employment with Law Office on October 29, 2018, and that from then, one of her coworkers, Pasha Lnu (“Lnu”) began to harass her because of her gender. A...

Excerpt: ...stem from injuries Plaintiff sustained while a resident at Defendants' care facility, Jasmin Terrace, located in Bakersfield. Specifically, Plaintiff alleges that she developed pressure ulcers due to Defendants' inadequate care. At issue presently are 8 discovery motions filed by Plaintiff to compel further responses from Defendant CVVG. LEGAL STANDARD Upon receiving responses to requests for inspection, interrogatories, or requests for admission...

Excerpt: ...ct (“CLRA”). The Complaint alleges in pertinent part as follows: In October 2017, Plaintiff leased a new 2018 Land Rover Range Rover Velar 2.0 (“Vehicle”) manufactured by Defendant. /// LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the CLRA. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Section 1780(e) of the CLRA s...

Excerpt: ...EHA, CFRA, Labor Code, and UCL. Plaintiff worked for Wells Fargo as a bank teller for over 30 years until she was terminated at the age of 73. Plaintiff suffered from a disability due to injuries sustained at work. Wells Fargo accommodated Plaintiff's disability until new management arrived and allegedly began mistreating Plaintiff. Plaintiff alleges that Defendants harassed and discriminated against her based on various protected characteristics...

Excerpt: ...OPPOSING PARTY: Consolidated Plaintiff, Elizabeth Davies OPPOSITION: April 18, 2022 REPLY: None as of May 4, 2022 TENTATIVE: The motion is granted. The court vacates the Judgment and the order after trial and will set a trial date at the hearing. Background This action arises out of Cross-Complainant and Defendant, Elizabeth Davies' (“Plaintiff”) accident involving her 2018 BMW and the corresponding services provided to Plaintiff by Defendant...

Excerpt: ...rtment, so that Plaintiff may provide the referenced exhibits for the court's review. A corrected declaration attaching the exhibits must be filed and served no later than May 19, 2022. Plaintiff is to give notice. Background This action arises in connection with Plaintiff, Luis Montano's (“Mr. Montano”) employment for Defendants, Subway #2187 and Fariborz Yousefi. Plaintiff alleges that Defendants violated wage and hour laws in failing to pr...

Excerpt: ...laint; Defendant Target Technologies International, Inc.s Demurrer to Plaintiff's Complaint; Defendant Target Technologies International, Inc.'s Motion to Strike Portions of the Complaint MOVING PARTIES: Defendants, B.A.S. Recycling, Inc. , R.W. Sidley Incorporated, and Target Technologies International, Inc. OPPOSING PARTY: Plaintiff, Shawn Michael Dolmage OPPOSITION: March 16, 2022 (TTI); April 7, 2022 (BAS/RW) REPLY: March 17, 2022 (TTI); Apri...

Excerpt: ...otion is granted. Defendants are to file the proposed cross- complaint within 10 days. Defendants are to give notice. Background This action arises in connection with Defendants Nick Movagar, Steven Yamin, Daniel Reeves and Movagar & Yamin, A Professional Law Corporation (collectively “Defendants”) representation of Plaintiff, Jason Lanc (“Plaintiff”) his underlying personal injury action Jason Lanc v. Liana Hovhannisyan (“Underlying Ca...

Excerpt: ... 2022 REPLY: None filed. TENTATIVE: Cross-Complainant's motion to compel further production is denied. Cross- Complainant's request for in camera review is further denied. Lastly, Cross-Complainant's motion is also denied. Cross-Complainant is to give notice. Background This action arises out of a letter sent on June 5, 2018 on behalf of Defendant, Chad McQueen (“McQueen”) and the Estate of actor Steve McQueen, disputing the origins of a Role...

Excerpt: ...s granted in part, as to requests 7, 37, 39, and 52 only. Plaintiffs' motion is otherwise denied. GM is ordered to serve verified supplemental responses to these requests and to produce documents pursuant to the parties' protective order within 30 days. Plaintiffs are to give notice. __________________ Background This is a lemon law action arising out of Plaintiffs, Richard Dayer (“Mr. Dayer”) and Theresa Dayer's (“Ms. Dayer”) purchase of...

Excerpt: ...and otherwise denied. Defendant is to give notice.. Background This action arises out of Plaintiffs, Edil Vazquez (“Vazquez”) and Steve Congalton's (“Congalton”) employment as police officers with Defendant, the City of Pomona. (“City”) Plaintiffs' Complaint also names as Defendants police chief Michael Olivieri (“Olivieri”) and police captain Dennis Cooper. (“Cooper”). Plaintiffs allege that both of them participated in City'...

Excerpt: ...and shall file the proposed Amended Complaint in Intervention within 10 days. Ms. Parzivand is to give notice. Background This action arises in connection with real property located at 6031 Lindley Avenue, Unit 26, Tarzana, California. (the “Property”) Plaintiff, Ilana Zelener (“Plaintiff”) alleges that she owns a fifty (50) percent share of the Property and Defendant, Daniel M. Parzivand (“Defendant”) owns the other 50 percent. Plain...

Excerpt: ..., 2022 TENTATIVE: Defendants' demurrer is sustained. Having sustained Defendants' demurrer, Defendants' motion to strike is moot. Plaintiff is granted 30 days leave to amend from this date. Defendants are to give notice. Background This action arises in connection with Plaintiff, Kasey Emas (“Plaintiff”)'s residence at 990 Palm Avenue, Apt. #11, West Hollywood, CA 90069 (“Unit” or “Premises”). Plaintiff alleges she entered into a leas...

Excerpt: ...ing Defendants are to give notice. Background This action arises out of a divorce settlement between Plaintiff, Holly Wiersma (“Plaintiff”) and Cassian Elwes. (“Elwes”) According to the Third Amended Complaint, (“TAC”), Plaintiff and Elwes formally dissolved their marriage in September 2013 and Elwes granted Plaintiff an option (the “Option”) commencing October 2013 and ending September 2015 (the “Option Period”) to purchase r...

Excerpt: ...cal Studies in May 2015, and USC denied her tenure in May 2021. (Complaint, ¶¶ 28, 32.) Plaintiff then filed this action, asserting causes of action for discrimination, harassment, retaliation, and intentional/negligent infliction of emotional distress, as well as a failure to pay statutorily mandated wages, among other claims. Plaintiff signed an arbitration agreement when she was hired by USC. (Declaration of Frances Clairmont, Exh. B.) Now, ...

Excerpt: ... Interrogatories OPPOSITION: April 14, 2022 REPLY: April 19, 2022 TENTATIVE: Plaintiff's motion is granted in part, as to Special Interrogatory requests 1, 2, 3; Requests for Production 15; Requests for Admission 9, 13; and Form Interrogatory 17.1 only. Plaintiff's motion is otherwise denied. NNA is ordered to serve verified supplemental responses to these requests and to produce documents pursuant to the parties' protective order within 30 days....

Excerpt: ...ENTATIVE: Defendants' motion for a stay of this action is granted. The instant action is ordered stayed until completion of the arbitration or further order of the court. The court sets an order to show cause re status of the arbitration for April 26, 2022, at 8:30 a.m. in this department. Defendants are to give notice. Background This action arises out of Plaintiffs, Matthew McFate (“McFate”) and Andrea Bush (“Bush”)'s employment with De...

Excerpt: ...tion arises out of Plaintiff, Lisa L. Martinez's (“Plaintiff”) employment with Defendant, County of Los Angeles (“Defendant”). Plaintiff alleges that she was hired by Defendant in 1984 as a student worker and has been employed since that time, performing her job competently despite her alleged chronic disabilities. According to Plaintiff's Complaint, Plaintiff submitted a doctor's note in or around September 2018 indicating that she requi...

Excerpt: ...uled as to all causes of action, except the fifth cause of action where Defendant's demurrer is sustained. Plaintiff is granted 30 days leave to amend. Moving Defendant's motion to strike is denied. Moving Defendant is to give notice. Background This action arises out of an investment Plaintiff, Andrew K. Chung (“Chung”), made in or around 2017 into Defendant AWP Energy, Inc. (“AWP”), a joint venture between Defendants Vincent Sungtae Kim...

Excerpt: ...en off calendar as premature. Plaintiff is to give notice. Background Self-represented Plaintiff Carl Gordon's (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Def...

Excerpt: ...: Wave's demurrer is sustained. Having sustained Wave's demurrer, Wave's motion is moot. Plaintiff is granted 30 days leave to amend from this date. Wave is to give notice. Background This action arises in connection with plastic surgery Plaintiff, Monica Paek (“Plaintiff”) received from Defendant, Goretti Ho Taghva, M.D. (“Taghva”) Plaintiff's Complaint also names Goretti Ho Tagva, M.D., Inc. dba Lea Plastic Surgery (“Lea”) and Wave ...

Excerpt: ...e. Background This action arises out of Defendants' unfair business practices relating to home improvements. Plaintiff Jose Vilchis alleges that, in or around August 2017, he was approached by a representative, who was acting within the scope of his employment with Defendants Aleman Electric/Eco Solar Plus LLC (“Eco Solar”) and Max and Son, Inc. (“M&S”) (collectively “Contractor”) and as a solicitor for Defendant Renovate America, Inc...

Excerpt: ... filed. TENTATIVE: Plaintiff's motion is granted. Judgment will be entered against Defendant in the amount of $4,000 and attorney fees in the amount of $36,000. Plaintiff is to file separately the proposed Stipulated Consent Judgment. Plaintiff is to give notice. Background This action concerns alleged violations of the California Safe Drinking Water and Toxic Enforcement Act, which is codified in Health and Safety Code, section 25249.5 et seq. (...

Excerpt: ... is to give notice. Background This action arises out of an agreement to manage a mixed-use commercial and residential property located at 501 S. Spring Street, Los Angeles, California (“Property”) between Plaintiff, Alexandria Housing Partners (“AHP”), and Defendant, Barker Management, Incorporated (“Barker”). Plaintiff alleges that it entered into an Agreement containing Covenants Affecting Real Property (“Regulatory Agreement”)...

Excerpt: ...tive, Summary Adjudication OPPOSITION: April 6, 2022 REPLY: April 15, 2022 TENTATIVE: Defendants' motion is granted. Defendants are to give notice and prepare a proposed judgment. Background This is a lemon law action arising out of Plaintiff, James Escudero (“Plaintiff”)'s purchase of a 2014 Land Rover Vehicle (“Subject Vehicle”) from Defendant, CarMax Auto Superstores California, LLC (“Seller”). The Complaint also names as Defendant...

Excerpt: ... Defendants are to give notice. Background Self-represented Plaintiff Carl Gordon's (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Defendant as follows: (1) lega...

Excerpt: ...Complaint OPPOSITION: April 6, 2022 REPLY: None as of April 15, 2022 TENTATIVE: Plaintiff's motion is denied. Plaintiff is to give notice. Background This action arises as a result of Plaintiff, ASAP Staffing, LLC's (“ASAP”) allegations against Defendants Danielle Dean Gonzalez (“Gonzalez”) and Stephany Benitez (“Benitez”) for trade secret misappropriation, unfair competition, breaches of fiduciary duties, and conspiring to form Defen...

Excerpt: ...hird cause of action. Plaintiff is granted 30 days leave to amend. Defendant is to give notice. Background This action arises out of contracts between Plaintiff, Allen I. Mindlin, and Defendants, Citadel Environmental Service, Inc. (“Citadel”), Cirks Construction, Inc. DBA KDC Construction (“KDC”), and Blue Top, Inc. (“Blue Top”) regarding real property Plaintiff owned at 9900 Balboa Boulevard, Northridge, California 91325 (the “Pro...

Excerpt: ...d Complaint OPPOSITION: None filed REPLY: April 11, 2022, statement of non-opposition TENTATIVE: Defendant's Motion is granted. Defendant Rockport's counsel to give notice. Background This is an elder abuse action arising out of Plaintiff Antonio Guerrero's (“Decedent”) residency at Defendant Bakersfield Healthcare and Wellness Centre, LLC (“Facility”). Decedent brings this action through his successor in interest, Carlos Guerrero (“Mr....

Excerpt: ...intiffs, Kathryn Muniz, Stephen Thompson OPPOSITION: April 5, 2022 REPLY: April 11, 2022 TENTATIVE: Defendants' demurrer to the seventh cause of action of the Complaint is sustained. Defendants' motion to strike is denied. Plaintiffs are granted 30 days leave to amend from this date. Defendants are to provide notice. Background This action arises out of Plaintiffs, Kathryn Muniz (“Muniz”) and Stephen Thompson's (“Thompson”) lease of 6835 ...

Excerpt: ...firmed. Blindbury is to give notice and prepare a proposed judgment. Background This is a Petition for Confirmation of Arbitration Award for the arbitration between Petitioner, Grant E. Blindbury (“Blindbury”) and Respondent, Independent Financial Group, LLC. (“Independent”) According to Blindbury's petition, the underlying arbitration involved a dispute filed with the Financial Industry Regulation Authority (“FINRA”) Dispute Resoluti...

Excerpt: ...ion action arising out Plaintiff, Fernando Octavio Catalan 's ( “Plaintiff ”) employment with Defendants, All Service Disposal, Inc. ( “All Service ”) and Arakelian Enterprises, Inc. DBA Athens Services ( “Athens ”) (collectively referred to as “Defendants ”). Plaintiff alleges from approximately October 2010 to August 26, 2014, Plaintiff worked for Defendants as a truck driver. Plaintiff now seeks to enforce a Default Judgment ag...

Excerpt: ...ATIVE: Plaintiff's motion to compel is granted and each Defendant must provide verified code-compliant responses without objections and to produce the responsive documents within 30 days of this date. Sanctions are awarded in the reduced amount of $2,000. Plaintiffs are to give notice. __________________ Background This action arises from a wrongful termination resulting from disability discrimination. The Plaintiff was injured on the job and req...

Excerpt: ...fendant's Expert Witness(es) Testimony OPPOSITION: Filed April 4, 2022, with Request for Monetary Sanctions against Plaintiffs REPLY: Filed April 8, 2022 TENTATIVE: Plaintiffs' motion is denied. Defendants' request for sanctions of $1,000.00 against Plaintiffs and their counsel, jointly and severally, are granted. Plaintiffs are to give notice. Background This lemon law action arises in connection with a 2017 Kia Optima (“Subject Vehicle”) le...

Excerpt: .... OPPOSITION: April 1, 2022 REPLY: April 8, 20222 TENTATIVE: Plaintiff's motion to lift stay on proceedings and withdraw from arbitration is denied. Plaintiff's motion for sanctions is also denied. Plaintiffs are to give notice. Background This employment discrimination action arises in connection with Plaintiff, Alice Ramirez's (“Ms. Ramirez”) employment with Defendant, One Call Construction Services, Inc., Defendant, One Call Construction, ...

Excerpt: ...ted. Background This action arises out of a series of oral loan agreements entered into between Plaintiff Mary Taferner (“Plaintiff”), her former husband and non‐party John Taferner (“Mr. Taferner”) and Defendant Tommy De Santis (“Defendant”). Plaintiff alleges that, between August 15, 2007 and October 20, 2010, Plaintiff and Mr. Taferner entered into an unspecified number of oral agreements with Defendants, where Defendant agreed t...

Excerpt: ...Grand's motion for summary adjudication is DENIED. Moving party to give notice. Background This action arises out of Plaintiff, Jacqueline Johnson's (“Plaintiff”) employment as an elevator operator for 2 California Plaza, 350 South Grand Avenue, Los Angeles, California from June 3, 2017 to September 8, 2017. Plaintiff alleges that during these dates, freight elevators #24 and #25 repeatedly malfunctioned such that Plaintiff was trapped in the...

Excerpt: ...t for Sanctions in the Amount of $2,260.00 Against Plaintiff and His Attorney of Record OPPOSITION: February 15, 2022 REPLY: February 22, 2022 TENTATIVE: Defendants' Motion and Request for is denied. Background This is an elder abuse action arising out of Plaintiff Antonio Guerrero's (“Decedent”) residency at Defendant Bakersfield Healthcare and Wellness Centre, LLC (“Facility”). Decedent brings this action through his successor in intere...

Excerpt: ...er 2, 2020, Orders within 30 days of this date, and Claimant and her attorneys of record, Peter Hakim, Esq. and J&R LAW GROUP are ordered to pay sanctions in the amount of $875.00 to Respondent in addition to monetary sanctions already awarded. Respondent is ordered to give notice of this ruling BACKGROUND On June 4, 2020, Claimant Lisa Buono (“Claimant”) filed an uninsured motorist arbitration against Petitioner/Respondent United Financial C...

Excerpt: ...ne's Motion for Leave to File First Amended Answer is denied. Moving defendant to give notice Background This is an action by Plaintiffs, People of the State of California ex rel. ILWU-PMA Welfare Plan and the ILWU-PMA Welfare Plan (the “Plan”) (together, “Plaintiffs”) for violation of the Insurance Fraud Prevention Act. (“IFPA”) Plaintiffs allege that the Lay Person Defendants, Sergio Amador, David Gomez, Christopher Rice and Chris V...

Excerpt: ...rnative to stay is granted. This action is stayed pending resolution of the action in Colorado or further order of the court. Defendant to give notice. Background This action arises in connection with Plaintiff, Elijah Zarei, formerly known as Mohammad Zarei (“Plaintiff”)'s, purchase of a vehicle manufactured by Defendant, American Honda Motor Co., Inc. (“Defendant”). Plaintiff alleges that Defendant violated the Magnuson‐Moss Warranty ...

Excerpt: ...LP's Motion to be Relieved as Counsel for Plaintiff, Paulina Cruz RECOMMENDATION: A. Jacob Nalbandyan and Vanoohi Torossian of Levin & Nalbandyan, LLP's Motion is denied without prejudice. Procedural Requirements The moving party must comply with the requirements of California Rules of Court, rule 3.1362 before a motion to be relieved as counsel may be granted. Notice: Pursuant to California Rules of Court, rule 3.1362(a) and Code Civil Procedure...

Excerpt: ...ENTATIVE : The motion for summary judgment is denied. The motion for summary adjudication is granted as to the first and third causes of action. The motion is otherwise denied. Defendants to give notice. Background This is a breach of contract action arising in connection with insurance that Plaintiff, Reneldore Edmonson (“Plaintiff”), purchased from Defendant, Progressive Select Insurance Company (“Progressive”). Plaintiff alleges that h...

Excerpt: ...intiff filed her original Complaint on September 8, 2015, alleging 9 Counts, all of which related to her alleged wrongful termination based on violations of FEHA. The Plaintiff was hired as a server by Windy Pizza in January 2012 at its Eatlian Cafe. (Complaint, ¶7). In or about October 2013, Plaintiff was diagnosed with breast tumors. Subsequently, in July 2014, the Plaintiff was diagnosed with Stage 0 Cervical Cancer and required surgery. (Id....

Excerpt: ...: None as of April 4, 2022 TENTATIVE: Plaintiffs' motion for trial preference is granted. The court sets a trial setting conference for April 25, 2022. The parties should be prepared to discuss a case management order providing for expedited trial preparation and discovery. Plaintiffs to give notice. Background This is a breach of the warranty of habitability action. Plaintiffs are tenants of real property owned by Defendants and located at 38639...

Excerpt: ...2 TENTATIVE: The Court orders the Plaintiff to serve code compliant verified further answers to Form Interrogatories, Set 2 without objections except for privilege and work product within 30 days of this date. Both parties' requests for sanctions are denied. Defendant to give notice. Background On June 5, 2020, Plaintiff Miguel Angel Aviles (hereinafter, "Plaintiff") filed his complaint against Defendant Maurice Min Ho Suh (hereinafter, "Defendan...

Excerpt: ...s ordered to serve and file verified Responses without objections within 30 days of this date. Other relief requested in the motion is denied. The court awards monetary sanctions against plaintiff Miguel Angel Aviles and plaintiff's attorneys of record, Joshua Yagoubzadeh and Yagoubzadeh Law Firm LLP, in the amount of $822.45. Moving Defendant is ordered to give notice of this ruling. Background On June 5, 2020, Plaintiff Miguel Angel Aviles (her...

Excerpt: ...nc.'s, and Melton Franchise System, Inc.'s Motion for Summary Adjudication is denied. Defendants to give notice. Background Plaintiff Curt Li ("Plaintiff') is a former employee of defendant Melton Franchise Systems, Inc. ("Melton"), a subsidiary of defendant Coverall North America, Inc. ("Coverall"). Plaintiff alleges that Melton and Coverall were his joint employers. (FAC ¶¶ 4-10.) Defendant Coverall is a franchisor that markets, sells and sup...

Excerpt: ...e of action is sustained without leave to amend. Moving party to give notice. Background This action arises out of a letter sent on June 5, 2018 on behalf of Defendant, Chad McQueen (“McQueen”) and the Estate of actor Steve McQueen, disputing the origins of a Rolex watch. Plaintiff, Michael Eisenberg (“Plaintiff”), alleges that he and non-party Phillips Auction (“Phillips”) entered into an agreement on or about August 2, 2017 wherein ...

Excerpt: ...es, Sets One and Two; Request for Sanctions in the Amount of $2,700.00 Against Plaintiff and His Attorney of Record OPPOSITION: February 14, 2022 REPLY: February 17, 2022 TENTATIVE: Defendants' Motion to Compel Plaintiff's Further Responses to Form Interrogatories, Set One and Special Interrogatories, Sets One and Two is granted, in part, and denied, in part. Defendants' Motion is granted with respect to Form Interrogatory No. 14.1, and Special I...

Excerpt: ...ground This action arises out of Plaintiff, Francisco Aviles' (“Plaintiff”) employment with Defendant, AIDS Healthcare Foundation (“Foundation”), located at 6255 Sunset Blvd, 21 st Floor, Los Angeles, California 90028. Plaintiff also names his former supervisor, Ruben De Lara (“De Lara”) as a defendant. Plaintiff, a homosexual male, alleges that he began working for Foundation as a Medical Assistant in February 2018 and that he was to...

Excerpt: ...s Demurrer is OVERRULED. Honda's Motion to Strike is granted as to items 4 and 5 and otherwise denied. Plaintiff is granted 30 days leave to amend. Defendant to give notice: Background The First Amended Complaint (FAC) alleges the following: On May 15, 2020, Plaintiff Arsen Khachikyan (“Plaintiff”) leased a 2020 Honda Pilot vehicle identification number 5FNYF5H4XLB007792 (hereafter "Subject Vehicle" or “Vehicle”), which was manufactured a...

Excerpt: ...our, as an individual, as the personal representative of the Estate of Scott Barbour filed a Complaint. The operative pleading is the First Amended Complaint (“FAC”) which asserts causes of action for (1) trespass to land, (2) conversion, (3) violation of Penal Code section 496, and (4) IIED against Defendant Todd Ruhalter. On December 23, 2021 Defendant filed a motion for summary adjudication (“MSA”). On March 1, 2022, plaintiffs dismiss...

Excerpt: ...ive notice. Background This action arises in connection with real property located at 6031 Lindley Avenue, Unit 26, Tarzana, California (the “Property”). Plaintiff, Ilana Zelener (“Plaintiff”) alleges that she owns a fifty (50) percent share of the Property, and Defendant, Daniel M. Parzivand (“Defendant”) owns the other 50 percent. Plaintiff requests partition of the Property through the Complaint. Additionally, the Complaint alleges...

Excerpt: ... March 8, 2022 REPLY: None. (Due March 25, 2022) TENTATIVE: The demurrer is overruled. The motion to strike is denied. Defendant is to file and serve an answer within 20 days of this date. Background This action arises in connection with Plaintiffs Lonnie Bernard Grim III (“Grim”), Clarice (“Burton”), and Lovell Lee's (“Lee”) (together, “Plaintiffs”) tenancy with Defendant Ernestine Barris, as trustee of the Ernestine M. Barris Re...

Excerpt: ...od Atinger entered into a written contract to own and operate a business called ASAP Locksmith, LLC, on January 11, 2011. The business was successful and they also operated ASAP Locksmith Service, Inc. pursuant to the same agreement. On July 3, 2018, the parties started an additional business, Proleads, LLC (renamed Local Pro, LLC). On October 29, 2021, Plaintiff Zahi Cohen and Defendant Nimrod Atinger amicably agreed to part ways. The parties th...

Excerpt: ... Private Attorneys General Act Representative Action Settlement is granted. The court will sign the proposed Order. Plaintiff to give notice. Background This is a PAGA action. Plaintiff Jessica Chavez alleges Plaintiff was employed by Defendants Journal Hotels, LLC and JRNL Two Bunch Palms, LLC in a non-exempt position at Defendants' California business locations. Plaintiff alleges Defendants violated various Labor Code provisions by failing to p...

Excerpt: ...r inconvenient forum OPPOSITION: Filed March 15, 2022 REPLY: Filed March 21, 2022 TENTATIVE: The court grants the motion in part but will not dismiss at this time. Instead, the court stays this action pending Defendants appearing to defend the claims raised in this action in Delaware. The court sets an order to show cause re commencement of proceedings in Delaware and dismissal for September 26, 2022, at 8:30 a.m. in this department. Defendants a...