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: ... 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: ...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...