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: ...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: ...: 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: ...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: ...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: ...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: ...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: .... 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...