Excerpt: ...TED in part. The City is ordered to make the witness available for deposition within 15 days of her being cleared to return to work. Background This action arises out of Plaintiff, Delia Sarmiento's (“Plaintiff”) employment with the Los Angeles City Attorney's Office. Plaintiff alleges that she began her employment on June 6, 2006 and always met or exceed work performance expectations. Plaintiff further alleges that on April 12, 2012, she fel...

Excerpt: ...uary 6, 2020 REPLY: None filed as of February 18, 2020 TENTATIVE: Plaintiff's Motion for Reconsideration is DENIED. Hwang is to provide notice. MOTION: Plaintiff Carlos Russo's Motion to Disqualify Reback, McAndrews & Blessey LLP as Counsel for George Ma, M.D. MOVING PARTY: Plaintiff, Carlos Russo OPPOSING PARTIES: Defendant George Ma, M.D. OPPOSITION: February 6, 2020 REPLY: February 13, 2020 TENTATIVE: Plaintiff's Motion to Disqualify Defendant...

Excerpt: ...ies is GRANTED as to 1.1, 15.1 and 17.1 and otherwise denied. Plaintiff is to provide notice and GM is to provide further, verified responses within 20 days. MOTION: Motion to Compel Further Responses to Requests for Production MOVING PARTIES: Plaintiff, Maria Cano OPPOSING PARTY: Defendant, General Motors, LLC PROOF OF SERVICE: OK OPPOSITION: February 5, 2020 REPLY: February 11, 2020 TENTATIVE: Plaintiff's motion to compel is granted with regard...

Excerpt: ..., Plaintiffs stated they “do not oppose dismissal without prejudice” and thereafter state they “request dismissal without prejudice because” to the first, second, third and fifth causes of action. (Opposition, 5:6-11.) In order to dismiss without prejudice, Plaintiffs need to file a request for dismissal. Unless such a request is filed prior to the ruling on this demurrer, the demurrer to those causes of action will be SUSTAINED with leav...

Excerpt: ...ntiff is ordered to arbitrate her claims against defendants pursuant to the Arbitration Agreement. Plaintiff's action is stayed pending the completion of arbitration. AAAZA is to provide notice. Background This action arises out of Plaintiff, Misha Kim (“Plaintiff”)'s employment with AAAZA, Inc. (“AAAZA”) from approximately March 22, 2016 to January 4, 2019. Plaintiff alleges that she is a 60‐year‐old Korean female who was employed fo...

Excerpt: ..., 2020 REPLY: February 13, 2020 TENTATIVE: The court needs to hear from the parties as set forth below. Background This is an action for wrongful distribution arising out of Plaintiff, Newstart Real Estate Investments, LLC's (“Plaintiff)'s previous action with Defendant, 325 Flamingo LLC (“Flamingo”). Plaintiff alleges that on November 16, 2017, a judgment was entered in Plaintiff's favor in the matter Newstart Real Estate Investments, LLC ...

Excerpt: ...ebruary 4, 2020 REPLY: February 10, 2020 TENTATIVE: Defendants' demurrer to the third, fourth, fifth and sixth causes of action is sustained. Defendants are to provide notice. Plaintiff is given 30 days leave to amend from this date. Having sustained the demurrer in its entirety, Defendants' motion to strike is moot. BACKGROUND This is a breach of warranty action concerning a 2014 Jeep Cherokee (the “Subject Vehicle”) that Defendant FCA US LL...

Excerpt: ...edy to give notice. Background This case arises out of a dispute between two brothers, Bryan and Drake Kennedy, who are the directors, officers, and shareholders or board members for six companies: Regency Outdoor Advertising, Inc. (“Regency”); Corona Outdoor Advertising, Inc. (“Corona”); Westminister outdoor, Inc.(“Westminister”); Virtual Media Group, Inc. (“Virtual Media”); West Hollywood Properties LLC (“West Hollywood”); a...

Excerpt: ...e Court's Order of August 16, 2019 Under Corporations Code Section 15908.2 OPPOSITION: Opposition to Ex Parte Application January 27, 2020; Further Opposition to Ex Parte/Motion February 3, 2020 REPLY: February 10, 2020 TENTATIVE: Moving Defendants' motion to vacate the dismissal of January 16, 2020 is GRANTED as it was improperly entered. The Order of August 16, 2019 is reinstated. Further, due to the responses of the appraisers that attempting ...

Excerpt: ...ION: Timely filed December 26, 2019 REPLY: No reply filed as of January 6, 2020 TENTATIVE: Plaintiffs' motion to set aside dismissal and vacate judgment is GRANTED. Court to set an OSC re enforcement of settlement agreement under CCP section 664.6. Counsel for Maria Reyna to give notice. Background This is an action for partition of real property located at 243 South Dacotah Street, #A, B, C, Los Angeles, CA 90063 (“Subject Property”). Plaint...

Excerpt: ... leave to amend within 30 days of this date. Moving party's counsel to give notice. Background This is a lemon law action arising out of Plaintiff, Eddie Urquiza (“Plaintiff”)'s purchase of a BMW 550i vehicle (“Subject Vehicle”) on April 1, 2014. Plaintiff contends he received an express written warranty in connection with the purchase and that during the warranty period, the Subject Vehicle developed defects including excessive oil consu...

Excerpt: ...21 PROOF OF SERVICE: OK MOTION: Defendants' Demurrer to the Second Amended Complaint, OPPOSITION: January 28, 2020 REPLY: February 3, 2020 TENTATIVE: Providence Defendants' demurrer to the seventh and eighth causes of action is sustained. Plaintiff is given leave to amend within 30 days of this date. Providence Defendants are to provide notice. BACKGROUND This action arises out of Plaintiff, Katy M. Setoodeh, M.D (“Plaintiff”)'s employment wi...

Excerpt: ...t for Production and Requests for Admission[1] OPPOSITION: January 27, 2020 REPLY: January 31, 2020 TENTATIVE: Plaintiff's motion to compel further responses to form interrogatories from Edward Woo is DENIED. Plaintiff's motions to compel are otherwise GRANTED. Daniel Woo, Herbert Woo and George Woo are each ordered to provide supplemental, verified responses to form interrogatories, special interrogatories, requests for admissions, and requests ...

Excerpt: ...nd within 30 days of this date. BACKGROUND This action arises out of Plaintiff, Brandon Hartley's (“Plaintiff”) alleged employment as a model with Defendant, Strategic Partners, Inc. (“Defendant”). Plaintiff alleges that he is a model who “earns a living by modeling and offering the use of his image and likeness for the promotion of products and services in exchange for compensation.” Plaintiff further alleges that Defendant is a “c...

Excerpt: ... January 31, 2020 TENTATIVE: County's motion for summary judgments is GRANTED. County is to provide notice and prepare a proposed judgment. Background This action arises out of Plaintiff, Janice Pearson (“Plaintiff”)'s employment with County of Los Angeles (“County”), erroneously sued as Los Angeles County Probation Department. Plaintiff alleges in her operative Second Amended Complaint (“SAC”) that she is seventy years old and is an ...

Excerpt: ...E: Brian's motion for judgment on the pleadings is GRANTED. Brian is to give notice. Background This case arises out of a dispute between two brothers, Brian and Drake Kennedy,[1] who are the directors, officers, and shareholders or board members for six companies: Regency Outdoor Advertising, Inc. (“Regency”); Corona Outdoor Advertising, Inc. (“Corona”); Westminster outdoor, Inc.(“Westminster”); Virtual Media Group, Inc. (“Virtual ...

Excerpt: ... is GRANTED. Allied is to provide notice and Plaintiff shall have leave to file an amended complaint within 30 days of this date. BACKGROUND This is a wrongful eviction action arising out of Plaintiff, Micah Foster's (“Plaintiff”) previous tenancy at an apartment located at 12855 W. Runaway Road, Playa Vista, California 90094 (the “Apartment.”) Plaintiff alleges that he and his daughter moved into a unit of the Apartment on May 21, 2016 a...

Excerpt: ...January 28, 2020 TENTATIVE: County's Motion to Compel Further Testimony and Production of Documents is denied without prejudice. Plaintiff is to provide notice. Background This case has been summarized generally in prior rulings. This summary will be limited to matters relevant to the instant motion. On or around March 22, 2017, Defendant the County served Plaintiff with request for production of documents (“RFPs”). Plaintiff responded to the...

Excerpt: ...smissal and Vacate Judgment OPPOSITION: None, as of January 24, 2020 REPLY: N/A TENTATIVE: Plaintiffs' Motion to Set Aside Dismissal and Vacate Judgment is DENIED. Background This action arises out of alleged water damage to Plaintiffs' apartment unit. As set forth in the Complaint, the factual background is as follows: Plaintiffs Farzam Shahri (erroneously named as “Farzan Shahri”), Farideh Ahdout (erroneously named as Farideh Shahri) and Fa...

Excerpt: ... Date OPPOSITION: January 15, 2020 (Paramount Industrial Park), January 17, 2020 (Heger Industrial, Heger Realty and Thomas Holland) REPLY: January 24, 2020 TENTATIVE: Plaintiffs' Motion to Reopen Discovery is DENIED. Heger Defendants are to provide notice. Background This action arises out of a landlord-tenant dispute that has been summarized in numerous prior orders By its case management order filed January 12, 2017, this case was set for tria...

Excerpt: ...s are ordered to meet and confer to schedule the deposition for a date after February 5, 2020, but by no later than March 30, 2020. Counsel for Plaintiff to give notice. Background This action arises out of Plaintiff, Patricia Bilgin (“Plaintiff”)'s employment with the Defendant, the City of Los Angeles (“City”) at the City Attorney's office. Plaintiff alleges that she began working for City in 1995 and was promoted in approximately 2004 ...

Excerpt: ...er 30, 2019 REPLY: January 6, 2020 TENTATIVE: Plaintiff's Motion to Renew Motion for Leave to Amend and Add Punitive Damages is DENIED. Defendant Ma is to provide notice. Background This case arises from allegations that Defendants George Ma, M.D. (“Ma”) and Good Samaritan Hospital (“Good Samaritan”) negligently misdiagnosed Plaintiff Carlos Russo (“Plaintiff”) with Stevens-Johnson Syndrome (“SJS”) and failed to properly diagnose ...

Excerpt: ...vitan, individually and Dian Vaughn, as trustee of the Tigertail 0118 Trust dated 1/26/18 TRIAL DATE: December 8, 2020 PROOF OF SERVICE: OK MOTION: Defendant Bookman's Demurrer to the First Amended Complaint; Defendant's Motion to Strike Punitive Damages from the First Amended Complaint OPPOSITION: January 7, 2020 REPLY: January 16, 2020 TENTATIVE: Defendant Bookman's Demurrer is sustained. Defendant's Motion to Strike is moot. Defendant Bookman ...

Excerpt: ...ry 15, 2020 TENTATIVE: Defendants' Petition to Compel Arbitration and Request to Stay Action is DENIED. Plaintiffs are to provide notice. Background This action arises out of decedent, Consuelo Barboza (“decedent”)'s residency at KF Rinaldi, LLC, doing business as Rinaldi Convalescent Hospital, a 24-hour skilled nursing facility, located at 16553 Rinaldi Street, Granada Hills, CA 91344. (“Rinaldi”) Decedent brings this action through her ...

Excerpt: ...anuary 10, 2020 TENTATIVE: Plaintiffs' motion to compel further responses to request for admissions, set one is GRANTED. Defendant shall serve supplemental responses within twenty days of this date. Both parties' requests for sanctions are denied. Plaintiffs are to give notice. ____________ MOTION: Plaintiffs' Motion to Compel Further Responses to Request for Admissions, Set One MOVING PARTY: Plaintiffs Alexandria Real Estate Equities and Joel Ma...

Excerpt: ...vember 26, 2019 TENTATIVE: Plaintiff's motion for leave to amend is GRANTED. Plaintiff is ordered to file the proposed FAC within 5 days of this ruling. Background This case arises out of allegations that defendant, VIP-Reeves Homeowner's Association (“HOA Defendant”), failed to properly maintain its condominium complex, causing Plaintiff's condominium, located at 235 S. Reeves Drive, Unit 202, Beverly Hills, California to repeatedly suffer l...

Excerpt: ...PLY: January 8, 2020 TENTATIVE: Defendant's demurrer to the FAC is SUSTAINED. Having sustained the demurrer, the motion to strike is MOOT. Defendant is to provide notice and Plaintiff is to file an amended complaint within 30 days of the date of notice. BACKGROUND This is a lemon law action which arises in connection with a 2013 Nissan Sentra (the “Subject Vehicle”) that Sergio L. Cazares and Jose de Jesus Cazares (“Plaintiffs”) allegedly...

Excerpt: ...ined with respect to the first, second, third and sixth causes of actions. The demurrer is overruled with respect to the fourth, fifth and seventh causes of action. Lunglife is to provide notice and Plaintiff is to file an amended complaint within 30 days. BACKGROUND This case arises out of a business dispute between Plaintiff, iTruth, Inc. (“ITruth”) and Defendant, Lunglife Ai, Inc., formerly known as Cynenvio Biosystems, Inc. (“Lunglife�...

Excerpt: ...in the amount of $32,032.80. Plaintiff's alternative request for prejudgment interest under Civil Code section 3287(b) is moot. Background This case arose from Defendant Tesla, Inc., formerly known as Tesla Motors, Inc. (“Tesla”)'s alleged breach of warranties by failing to repair Plaintiff, Arash Shakouri's (“Plaintiff”) Tesla Motor S when it began exhibiting defects with charging and with the radio in violation of the Song-Beverly Consu...

Excerpt: ...ration is granted in part as to Plaintiff's claims against Galpin only. The arbitration is ordered stayed pending resolution of Plaintiff's claims against FMC in this action. Counsel for Galpin and FMC to provide notice. Background This is a lemon law action arising out of Plaintiff, Hector Hernandez (“Plaintiff”)'s lease of a 2017 Ford Explorer vehicle on July 27, 2016 (“Subject Vehicle”). Plaintiff alleges that he leased the vehicle fro...

Excerpt: ...endant HL&B Corporation's Motion for Reconsideration is denied. Plaintiff is to provide notice. Background This action arises out of Plaintiff, Michael Navarro's (“Plaintiff”) visit to Exchange Los Angeles (“Exchange”) at 618 S. Spring Street, Los Angeles, California on the evening of June 4, 2016. Plaintiff alleges that his friend, non-party Adam Rho, hired Defendant, American Limousine Services (“American”) to provide transportation...

Excerpt: ...o the Complaint; Motion to Strike Portions of Complaint OPPOSITION: January 2, 2020 REPLY: January 8, 2020 TENTATIVE: Swerissen and TSM's demurrer is sustained with respect to the first, second, ninth, tenth and eleventh causes of action brought by Santos, Inc. The demurrer is otherwise overruled. The court strikes paragraphs 49 and 50 as settlement negotiations and not material facts to support the claims made. It also strikes Exhibits 1, 3, 4, ...

Excerpt: ... Mary Carnes and Matt Ikemoto and to Compel Production of Documents at Depositions; OPPOSITION: None as of January 8, 2020 (was due December 31, 2019) REPLY: N/A TENTATIVE: Plaintiffs' motion to compel a second session of Carnes and Ikemoto's deposition and further production of documents at deposition is DENIED. Plaintiffs' request for sanctions is denied. Frontier and Inner Circle are to provide notice. ______ Background This action arises out ...

Excerpt: ...ion to bifurcate is denied. Counsel for the moving party to give notice. Background This action arises out of Plaintiff Uniti Bank (“Plaintiff”)'s commercial loan of $500,000 to Prime Metals U.S.A., Inc. (“Prime Metals”) on or about March 13, 2015. Plaintiff alleges that Prime Metals' Chief Executive Officer was Sehee Roh and that Sehee's spouse was Jieun Roh. Further, Prime Metals' secretary was alleged to be Byung Hwan Jung (“Jung.”...

Excerpt: ...: January 6, 2020 TENTATIVE: Ecolab's motion to strike is denied. Plaintiffs are to provide notice. BACKGROUND This is a toxic tort action arising out of decent, Raul Guadalupe Benitez (“decedent”)'s employment with Prudential Cleanroom Service (“Prudential”). Plaintiffs Carla Benitez and Margarita Benitez, individually and as successor-in-interest to decedent (“Plaintiffs”), bring this action against various doe defendants alleging t...

Excerpt: ... 2020 TENTATIVE: Caruso's demurrer is OVERRULED. Allied World is to give notice. BACKGROUND This is an insurance coverage action arising out of defendant, Allied World Assurance Company (“Allied World”)'s issuance of a pollution legal liability policy to Plaintiff, Caruso Affiliated Holdings, LLC (“Caruso”). Caruso alleges that Allied World's insurance policy required Allied World to pay on behalf of Caruso any claims of property or envir...

Excerpt: ...January 8, 2020 TENTATIVE: Arkius' motion for attorney's fees is granted in-part. Arkius is awarded attorney fees and costs in the total amount of $59,269.47 as the prevailing party on Contract Nos. 3 and 4. Plaintiff to give notice. Background Much of the description of the facts of this case are taken from the last two court of appeal decisions and the factual discussions in the trial court's minute order dated May 13, 2013 and the ruling on th...

Excerpt: ... 2019 REPLY: January 3, 2020 TENTATIVE: Plaintiff's motion for summary judgment or, in the alternative, summary adjudication is DENIED. Defendants are to give notice. Background This is an action for wrongful distribution arising out of Plaintiff, Newstart Real Estate Investments, LLC's (“Plaintiff)'s previous action with Defendant, 325 Flamingo LLC (“Flamingo”). Plaintiff alleges that on November 16, 2017, a judgment was entered in Plainti...

Excerpt: ...otice and prepare a proposed judgment Background This case arises from allegations that Defendants George Ma, M.D. (“Ma”) and Good Samaritan Hospital (“Good Samaritan”) negligently misdiagnosed Plaintiff Carlos Russo (“Plaintiff”) with Stevens-Johnson Syndrome (“SJS”) and failed to properly diagnose him for a fungus or infection. Plaintiff filed the Complaint on March 3, 2017 and filed the First Amended Complaint (“FAC”) on Ma...

Excerpt: ...cember 20, 2019 REPLY: December 30, 2019 TENTATIVE: Plaintiff's motion to compel is DENIED. Plaintiff's request for sanction is denied. Plaintiff is to provide notice. ______ Background This action arises out of Plaintiff, Falicia Matthews (“Plaintiff”)'s employment with Defendant, American Health Services, LLC (“AHS”). Plaintiff alleges that she was employed as Human Resources Director from July 2018 through approximately November 20, 20...

Excerpt: ...irst Amended Complaint OPPOSITION: December 20, 2019[1] REPLY: December 31, 2019 TENTATIVE: Axiall's demurrer is OVERRULED. Axiall's motion to strike is DENIED. Axiall is to provide notice. BACKGROUND This is a toxic tort action arising out of decent, Raul Guadalupe Benitez (“decedent”)'s employment with Prudential Cleanroom Service (“Prudential”). Plaintiffs Carla Benitez and Margarita Benitez, individually and as successor-in-interest t...

Excerpt: ...ITION: December 20, 2019 REPLY: December 27, 2019 TENTATIVE: Exel and Perfecto's motion to strike is GRANTED with respect to Plaintiffs' references to “gross” vehicular manslaughter and to a plea of “guilty.” Exel's motion to strike the prayer for attorney fees against it is GRANTED, and Perfecto's motion to strike is DENIED with regard to Plaintiff's prayer for attorney fees under Code of Civil Procedure section 1021.4 as to Perfecto. Co...

Excerpt: ...red to meet and confer with Plaintiff in order to schedule the deposition by a date certain, but no later than January 31, 2020. Background This is an action arising out of Plaintiff, Xingwei Liang (“Plaintiff”)'s employment with Defendant, USToShop, Inc. (“UTS”) as a project manager. Plaintiff alleges that he was hired by UTS beginning May 1, 2018 and began complaining of unlawful employment practices to its Chief Executive Officer, Jian...

Excerpt: ...05500 001c[ REPLY<00030029004c004f004800 00450048005500030015[3, 2019 TENTATIVE:<0048005500030057005200 00550047000300460044[use of action is SUSTAINED and the motion to strike is MOOT. Plaintiff shall have twenty days from today's date to amend. Counsel for the demurring party to provide notice. Background This is a breach of warranty action concerning a 2014 Jeep Cherokee (the “Subject Vehicle”) that FCA US LLC allegedly manufactured and th...

Excerpt: ...0003000300030003000300 00510048000300140014[, 2019 <00030029004c004f004800 0014001c000f00030015[019 <0003000300030003000300 03[ <0003000300260055005200 00470044005100570056[' motion for judgment on the pleadings is DENIED. Counsel for Infinity Realty to give notice. BACKGROUND This case arises in connection with a written commercial lease agreement for the real property located at 2885 E. Washington Blvd., Los Angeles, CA 90023 (the “Subject Pr...

Excerpt: ... and Swift Transportation Company <0057004c00490049000300 002a0058005c00570044[n <0003000300030003000300 004f005c00030015000f[ 2019 <00030029004c004f004800 00450048005500030017[, 2019 <0003000300030003000300 00360048005300570048[mber 10, 2019 <000300030037004b004800 00550003005700520003[the complaint is OVERRULED. Counsel for the demurring party to give notice. BACKGROUND This is action arises from Anthony Guytan's (“Plaintiff”) employment wi...

Excerpt: ...tice requirement set forth in Labor Code § 2699 subd. (l)(2) has been satisfied, precluding approval of the settlement until such proof has been submitted. BACKGROUND On September 18, 2018, Ryan Walters (“Plaintiff”) commenced this representative action against U.S. Concepts, LLC, MKTG, INC (“Defendant”) pursuant to California's Private Attorney General's Act of 2004 (“PAGA”). The Complaint alleges that for at least one year prior to...

Excerpt: ...200550003[summary judgment is GRANTED. Counsel for the moving party to give notice. BACKGROUND This is a personal injury case. The complaint alleges that on or about May 22, 2015, Davon Raydale Thomas and Hertz Vehicles, LLC “so negligently owned, controlled, repaired, entrusted, maintained, and operated an automobile as to cause it to, and it did, become involved in an accident or collision, injuring and damaging Plaintiffs Vincent D. Austin a...

Excerpt: ...0014001c[ SUPPLEMENTAL OPP: Filed September 18, 2019 SUPPLEMENTAL REPLY: Filed September 23, 2019 <0052005100030057005200 004400550045004c0057[ration is GRANTED as to those claims relating to the employment commencing June 4, 2018 and arising under the Employment Agreement. The remaining claims are stayed pending the arbitration. Counsel for Defendant to give notice. BACKGROUND This is an employment law case that arises out of Jason Wimberly (“...

Excerpt: ...0029004c004f004800 00450048005500030014[1, 2019 <0003000300030003000300 00360048005300570048[mber 17, 2019 <000300030037004b004800 00570052000300460052[mpel further discovery responses is DENIED. Counsel for the moving party to give notice. BACKGROUND This wrongful termination action arises in connection with Plaintiff Joe Allen (“Allen”)'s alleged employment with Defendant Dehumidification Technologies, LP (“DH Tech,” erroneously sued as...

Excerpt: ...30003000300 004f005c000300160014[, 2019 <00030029004c004f004800 00450048005500030014[1, 2019 <0003000300030003000300 00360048005300570048[mber 17, 2019 <0003000300270048004900 00470048005000580055[rer to the complaint is SUSTAINED with 20 days leave to amend. The motion to strike is <0003005700520003004a00 4c005900480003[ notice. BACKGROUND This action arises out of allegations that Jose Luis Venegas and Alicia Venegas (“Plaintiffs”) allegedl...

Excerpt: ...04800 000300150013000f0003[2019 <0003000300030003000300 00360048005300570048[mber 16, 2019 <000300030037004b004800 00570052000300560057[rike portions of Plaintiff's third amended complaint is DENIED. Plaintiff's counsel to give notice. BACKGROUND This case arises from allegations that Plaintiff Gregory John Genco, Jr. (“Genco”) was assaulted and battered while and immediately after he suffered from a seizure during a concert hosted at the Hol...

Excerpt: ...ies, Inc. <0003000300030003000300 00550046004b00030015[5, 2019 <00030029004c004f004800 00450048005500030014[0, 2019 <0003000300030003000300 00360048005300570048[mber 16, 2019 <000300030037004b004800 00570052000300540058[ash by Steven Marcus is DENIED and the motion to quash by Bugsby Property, LLC is GRANTED. The alternative motion on forum non conveniens is denied. Counsel for the moving parties is to give notice. BACKGROUND This action arises f...

Excerpt: ...et aside/ vacate the Settlement Agreement is DENIED. Counsel for Defendant to give notice BACKGROUND This action arises out of allegations that the owner of Styl'n Construction, Inc., Mike Flavin, (collectively, “Flavin”) fraudulently induced Kermin and Tony Rochman (collectively, “Rochmans”) into entering an agreement whereby Flavin would perform construction work to improve Plaintiff's home. (the “Agreement”) The Complaint alleges t...

Excerpt: ...00490049000300 002a0058005c00570044[n <0003000300030003000300 004f005c00030015000f[ 2019 <00030029004c004f004800 00450048005500030017[, 2019 <0003000300030003000300 00360048005300570048[mber 10, 2019 <000300030037004b004800 00550003005700520003[the complaint is OVERRULED. Counsel for the demurring party to give notice. BACKGROUND This is action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015-2016. The...

Excerpt: ... the statements relating to actions of Judge Chalfant in Plaintiff's Supplemental Complaint is GRANTED. The motion regarding paragraphs 29, 32, and 33 is DENIED. The court would like to hear argument from counsel regarding paragraphs 34 & 35. Counsel for the moving party to provide notice. BACKGROUND This case arises out of a dispute between two brothers, Brian and Drake Kennedy, who are the directors, officers, and shareholders or board members ...

Excerpt: ...30017>, 2019 <0003000300030003000300 00360048005300570048>mber 5, 2019 <000300030037004b004800 00490052005500030052>rder releasing and paying to Defendant Plaintiff's vexatious litigant security is DENIED without prejudice. Defendant's counsel to give notice. BACKGROUND This case concerns a written agreement that plaintiff Jeanette Martello ("Plaintiff').allegedly entered into with her patient Stella Madrid ("Ms. Madrid") on June ...

Excerpt: ...480053005700480050>ber 12, 2019 TENTATIVE:<0003005700520003004600 00570055004c0044004f> is GRANTED to a mutually acceptable date to be determined at the hearing, but pre- trial dates are not continued. The status conference is continued to seven days before the new trial date. Counsel for Plaintiffs to give notice. BACKGROUND This action arises out of an alleged conspiracy by Defendants to defraud foreign investors in connection with an investmen...

Excerpt: ... Siva Arunasalam (“Defendant”). Plaintiff states that it provided Defendant legal services pursuant to the written agreement but Defendant failed to make agreed upon payments in return. On May 26, 2017, Plaintiff filed the operative complaint against Defendant for breach of contract and common counts. On November 17, 2017, the court dismissed the case without prejudice after counsel for the respective parties represented that a settlement has...

Excerpt: ...demurrer to the seventh cause of action for fraud by omission <0056000300520049000300 004c00560003[ DENIED. Counsel for Defendant to give notice. BACKGROUDN This is a breach of warranty action concerning a 2011 GMC Terrain (the “Subject Vehicle”) that Jose Martinez (“Plaintiff”) allegedly purchased with an express warranty on or about December 11, 2010 from Manteca Auto Plaza. The operative complaint alleges that the Subject Vehicle conta...

Excerpt: ...00030003000300 00240058004a00580056[t 26, 2019 <000300030037004b004800 00550003005700520003[the first, third, fourth, fifth, and sixth cause of action in the third amended complaint is SUSTAINED. Counsel for Defendant to give notice. Background Plaintiff Anthony A. Patel (“Plaintiff”) and Defendant Sonya Bhatia (“Bhatia”) were married in October 2006. Patel filed for dissolution of the marriage in Los Angeles County in or about July <0048...

Excerpt: ...force the settlement agreement is DENIED. Background This is a breach of contract action arising out of an agreement between Pacific Sourcing and Defendants Lavender Apparel and Chae Yun Chon (collectively, “Defendants”). The Complaint alleges that Pacific Sourcing sold and delivered varying quantities, colors and types of yarn at varying prices to Defendants pursuant to the agreement but, Defendant failed to make agreed upon payments in retu...

Excerpt: ...e to amend is DENIED. Counsel for the moving party to give notice. Background As alleged in the operative complaint, this is a breach of contract action concerning an oral agreement between Paul Rogash (“Plaintiff”) and Meghan Owen (“Meghan”) whereby Meghan agreed to safe keep approximately $415,000 of Plaintiff's money in her personal bank account and in exchange Plaintiff allowed her to use about approximately $55,000 to develop an item...

Excerpt: ...: Plaintiffs' Motion for Final Approval of Class Action Settlement is GRANTED. Counsel for the Plaintiffs to provide notice. I. BACKGROUND This representative employment action arises under allegations that Defendant FNS Incorporated (“FNS”) misclassified Plaintiffs Joon Han Kim (“Kim”) and Philip Richey (“Richey") and other similarly situated truck drivers as independent contractors during the course of employment. Plaintiffs asser...

Excerpt: ...e and Disclosure Statement (hereinafter “Note”) that Vegan House Restaurant allegedly entered into with LOANME, INC. for the issuance of a loan and which Warini Soonthornsawat (“Defendant”) allegedly personally guaranteed. According to the Complaint, pursuant to the terms of the Note, LOANME, INC. loaned a sum of money to Vegan House Restaurant under loan account number ending in XXX813 (the “account”) in exchange for Vegan House Rest...

Excerpt: ..., third, fourth and fifth causes of action in the complaint is OVERRULED. Counsel for the demurring party to provide notice. Background This case arises in connection with a 2015 Hyundai Santa Fe (the “Subject Vehicle”) Tadea <0003004900550052005000 0051004600110003000b[“Keyes”). The Complaint alleges that the Subject Vehicle was advertised under the Hyundai Certified Pre-Owned program (“CPO”) and sold to Plaintiff as a CPO. The Compl...

Excerpt: ...003004400560003004c00 00560003005700520003[Plaintiff's Request for <000f00030015001a000f00 0003[ <0057004c00520051000300 4c00560003[ otherwise DENIED. Counsel for Plaintiff to give notice. Background This is a breach of warranty case concerning a 2011 GMC Acadia (the “Subject Vehicle”) that General Motors, LLC (“Defendant”) allegedly manufactured and/or distributed and which Sandra Pena allegedly purchased from Mark Christopher Auto Cente...

Excerpt: ...9004c004f004800 000300150015000f0003[2019 RECOMMENDATION: The petition to compel arbitration is GRANTED; the remaining action against Ygrene will be stayed pending completion of the arbitration. Counsel for the moving party to give notice. BACKGROUND This action arises out of allegations that Jose Luis Venegas and Alicia Venegas (“Plaintiffs”) allegedly entered into a contractual agreement with Defendant The United Solar, Inc. concerning the ...

Excerpt: ...0300030003> RECOMMENDATION: The court DENIES the requests for entry of default judgment without prejudice as Default has not been entered against Defendant M & R Apparel, Inc. Counsel for Plaintiff to give notice. <0003000300030003000300 00030003000300030003><0003000300030003000300 00030003000300030003> I. BACKGROUND This employment action arises from allegations that Defendant M & R Apparel, Inc. (“M&R”) engaged in violations of the Fair Emp...

Excerpt: ... MOTION<004f004800470003003000 0003001500130014001c[/August 6, 2019 for brief OPPOSITION<0056005700030014001800 0f0003001500130014001c[ REPLY<00030029004c004f004800 000300150014000f0003[2019 RECOMMENDATION: The motion is DENIED. The denial of the motion to consolidate is without prejudice. Counsel for Defendants to provide notice. Background Plaintiff Anthony A. Patel (“Patel”) and Defendant Sonya Bhatia (“Bhatia”) were married in October...

Excerpt: ...ance Company OPPOSING PARTY<004f004f00560003002600 00550003002400550057[hroscopic and Outpatient Surgery, LLC MOTION<004f004800470003002400 0003001500130014001c[ OPPOSITION<0056005700030014001800 004f004400570048000c[ REPLY<00030029004c004f004800 000300150013000f0003[2019 TENTATIVE: The motion to compel further discovery responses and the request for monetary sanctions is DENIED. Counsel for Plaintiff to give notice. BACKGROUND This case arises f...

Excerpt: ...40015000f0003[2019 <0003000300030003000300 00240058004a00580056[t 16, 2019 <0003000300250048004600 00030048005b004c0056[ting trial calendar may be seriously impacted by granting the motion for leave to amend, the court would like to hear argument on the appropriateness of the motion given the schedule. BACKGROUND This case arises from allegations that Defendant Guillermo Andres Cortes, M.D. (“Cortes”) committed sexual harassment and sexual ba...

Excerpt: ...0140015000f0003[2019 <0003000300030003000300 00240058004a00580056[t 16, 2019 <000300030037004b004800 00490052005500030056[ummary judgment is GRANTED. Counsel for Defendant to give notice. BACKGROUND This case arises from allegations that Defendant Paula McHale (“Defendant”), as trustee for the <0055000300140014000f00 004b0048000300b30037[rust”), committed tortious conduct against Plaintiff Charles Aslan. Plaintiff alleges that, in 2012, his...

Excerpt: ...00 000300140018000f0003[2019 TENTATIVE: The motion to compel further discovery responses is GRANTED. Counsel for Plaintiff to give notice. Background This is a breach of warranty case arising out of Javier S. Bustos (“Plaintiff”)'s June 26, 2015 purchase of a used 2013 Mercedes-Benz C250W (the “Subject Vehicle”). The Complaint alleges that the Subject Vehicle was delivered to Plaintiff with serious defects and non-conformities and that af...

Excerpt: ...s of August 15, 2019. TENTATIVE: Defendants' demurrers to the fifth, sixth, seventh, eighth, eleventh, and twelfth causes of action in the Second Amended Complaint are SUSTAINED without leave to amend and the motion to strike is, therefore, rendered MOOT. Counsel for the Defendants to give notice. Background This action arises out of a landlord-tenant dispute. Plaintiffs Brad Waisbren and Marci Higer (“Plaintiffs”) allege that they were tenan...

Excerpt: ...0300140017000f0003[2019 TENTATIVE: The motion to enforce settlement and the request for attorney fees in the amount of $10,310 is GRANTED. Counsel for Plaintiff to provide notice. Background Plaintiff Gerardo Vara Rivera (“Plaintiff”) commenced this action against Defendant Todd <0014001b00030045005c00 00440003004600520050[plaint alleging the following five causes of action against Defendant: (1) Medical Condition Discrimination; (2) Failure ...

Excerpt: ...PLY<00030029004c004f004800 000300140016000f0003[2019 RECOMMENDATION: The petition to compel arbitration is GRANTED and the action is stayed pending the completion of the arbitration proceedings. Counsel for Defendant to give notice. Background This action arises out of Marylou Vazquez (“Plaintiff”)'s alleged employment with Forever 21, Inc (hereinafter “Forever 21” or “Defendant”). The Complaint alleges that Plaintiff was employed by ...

Excerpt: ...Filed on June 6, 2019 REPLY: Filed June 12, 2019 TENTATIVE: The motion to compel further discovery responses is DENIED. Counsel for the Plaintiff to give notice Background This case arises in connection with a referral agreement (the “Referral Agreement”) that Defendants ADSH Investments II, Inc. (f/k/a Benefits Exchange Alliance, Inc. (“BXA”) and PenBen Financial Services, Inc. (“PenBen”)) and ADSD Investments I, Inc. (f/k/a Pension ...

Excerpt: ...19 OPPOSITION: Filed July 9, 2019 REPLY:<0018000f00030015001300 14001c[ TENTATIVE: The motion to strike the request for punitive damages from the fourth cause of action and the prayer for relief is DENIED. The motion to strike the request for punitive damages from the seventh cause of action and the request for attorney fees is GRANTED. Counsel for Defendant to give notice. Background This is a breach of contract case concerning a general busines...

Excerpt: ...01c000f00030015>019 TENTATIVE:<003000440055004c004400 00560003005000520057>ion to consolidate related cases is GRANTED. Counsel for the moving party to give notice. Background This action arises out of Lianna Shakhnazaryan (“Shakhnazaryan”)'s employment as a personal assistant for Defendants Mariah Carey (“Carey”) and Stella Bulochnikov (“Bulochnikov”). In the Complaint, Plaintiff alleges fourteen causes of alleging violations of empl...

Excerpt: ...prefiling order is GRANTED. Plaintiff is ordered to furnish security in the amount of $25,000. Counsel for the <0053005200560048004700 03[ prefiling order. Background Plaintiff has styled this as an unlawful detainer action concerning real property concerning 237, 237 ½ & 239 West 50th Street, Los Angeles California 90037 (the “Property”). On June 13, 2019, Anita M. Johnson (“Plaintiff”) filed the operative Complaint against LAR Realty, ...

Excerpt: ...3[August 9, 2019 TENTATIVE:<0003004900520055000300 00030049004c004f0048[ a supplemental complaint is GRANTED. Plaintiff is ordered to file the supplemental complaint within five days. Counsel for Plaintiff to give notice. Background This action arises out of an alleged violation of a confidentiality/non-disclosure agreement that Lilanna Shakhnazarian (“Defendant”) allegedly entered into when she was hired as Executive Assistant to Mariah Care...

Excerpt: ...e. Background On April 11, 2019, Aleksandr Bible (“Plaintiff”) filed a Complaint using Form PLD-PI-001. The Complaint alleges one cause of action for Fraud against Lisa Wheeler (“Defendant”). Defendant now demurs to the Complaint on the following grounds: 1. This court has no jurisdiction over the subject Complaint because Plaintiff has failed to comply with the California Government Claims Act. (Govt. Code, §§ 810-996.6.) 2. The entire...

Excerpt: ...: The motion for summary adjudication as it relates to issues <0052005800510056004800 4f00030049005200550003[ Defendants to give notice. Background This case arises out of an alleged oral contract between Paul Rogash (“Plaintiff”) and Meghan Owen (“Meghan”) whereby Meghan agreed to safe keep approximately $415,000 of Plaintiff's money in her personal bank account and in exchange Plaintiff allowed her to use about $55,000 to develop an ite...

Excerpt: ...rer to the Complaint is SUSTAINED with 20 days leave to amend and the motion to strike is therefore moot. Counsel for the Defendant to give notice. Background On March 4, 2019, Beata Kaminska (“Plaintiff”) filed a Complaint using Form PLD-PI-001. The Complaint alleges three causes of action for Negligence, Intentional Tort, and Assault against Juan Aguilera, Paragon Systems, and Does 1 through 5 (collectively “Defendants”). <0058005600480...

Excerpt: ...D. Plaintiff is awarded attorney fees in the amount of $16,638. Counsel for the Plaintiff to give notice. Background This action arises from Defendant Alejandro Cardenas' alleged breach of a guaranty of a real estate loan secured by a junior deed of trust on the real property commonly known as 8565 Franklin Ave., West Hollywood, CA 90069 (the “Subject Property”). Plaintiff Walter A. Crowell, as trustee of the Harry and Rosalynn Crowell Legacy...

Excerpt: ...OPPOSITION: Filed July 25, 2019 REPLY: Filed July 31, 2019 TENTATIVE: Defendants' WME IMG, LLC & William Morris Endeavor Entertainment, LLC's demurrers to the third, fourth, and fifth cause of action in the Complaint are SUSTAINED with 20 days leave to amend. Counsel for Defendants to give notice. Background This is a breach of contract action arising out of two written marketing agreements (the “NABC- WABC Agreement” and the “Marketing and...

Excerpt: ...motion to stay proceedings in this matter is GRANTED pending completion of the arbitration. Counsel for Defendant to give notice. Background This is an employment case arising out of allegations that Hot Topic, Inc. (“Defendant”) terminated Raul Martinez (“Plaintiff”)'s employment as a full-time assistant manager at Hot Topic's retail location located in South Bay, California because Plaintiff complained that Defendant unlawfully required...

Excerpt: ...00570052> dismiss is DENIED and Plaintiff's request for sanctions is DENIED. Counsel for the Defendant to give notice. Background This is a breach of contract case arising from an oral agreement between Lupe Powell (“Plaintiff”) and Defendants Lucie Idleman and Jonathan Christodoro (collectively, “Defendants”). The Complaint alleges that Defendants formed a partnership for purposes of purchasing, remodeling, and selling residential proper...

Excerpt: ...NDANTS' MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT FILING DATE: Filed May 29, 2019 OPPOSITION: Filed July 24, 2019 REPLY:<0013000f00030015001300 14001c[ TENTATIVE: The motion to strike portions of the second amended complaint is DENIED. Counsel for the Defendants to give notice. Factual Background This case arises in connection with the sale of the assets of ATI Systems International, Inc. (“ATI”) to Garda USA, Inc. (“Garda�...

Excerpt: ... Filed July 29, 2019 TENTATIVE: The demurrer to the fourth cause of action for fraudulent concealment is SUSTAINED and the motion to strike the request for punitive damages from the Prayer for Relief is GRANTED. Plaintiff is granted 25 days from this date to amend. Counsel for the Defendant to give notice. Background This case arises in connection with a 2013 Nissan Sentra (the “Subject Vehicle”) that Sergio L. Cazares and Jose de Jesus Cazar...

Excerpt: ...ON: Filed June 11, 2019 REPLY: Filed July 17, 2019 TENTATIVE: Defendants' demurrers to the fifth, sixth, seventh, eighth, eleventh, and twelfth causes of action in the Second Amended Complaint are SUSTAINED without leave to amend and the motion to strike is, therefore, rendered MOOT. Counsel for the Defendants to give notice. Background This action arises out of a landlord-tenant dispute. Plaintiffs Brad Waisbren and Marci Higer (“Plaintiffs”...

Excerpt: ...om Defendant to Plaintiff's Requests for Production, Set One is GRANTED in part and DENIED in part in accordance with the terms set forth below. Further responses and documents to be produced, where ordered, within thirty days of this date. Counsel for Plaintiff to give notice. Background This case arises from allegations that Plaintiff Eddie Urquiza (“Plaintiff”) purchased a 2011 BMW 550i vehicle (the “Subject Vehicle”) from Defendant BM...

Excerpt: ..., Jr. TRIAL DATE: March 3, 2020 PROOF OF SERVICE: OK <0003000300030003000300 00030003000300030003[<0003000300030003000300 00030003000300030003[ PROCEEDING: Defendants Carlos Hernandez and Overnight Logistics, Inc.'s motion to challenge Defendant Marco Antonio Soto Gutierrez's application for good faith determination, continued from May 10, 2019 OPPOSITION: Timely filed April 29, 2019 REPLY: Timely filed May 2, 2019 (late served by mail, late 1 da...

Excerpt: ...uly 11, 2019 RECOMMENDATION: The motion to compel further Plaintiff to further respond to Form Interrogatory No. 17.1 is GRANTED and the request for monetary sanctions is DENIED. Plaintiff is order to provide further responses within twenty days. Counsel for Plaintiff to give notice Background This action arises out of allegations that Fidelity National Title Insurance Company and Fidelity National Title Company (“Defendants”) acted negligent...

Excerpt: ...iff to give notice. Background This case arises in connection with Plaintiff Leticia Rosete's (“Rosete”) employment relationship with Defendants Express, Inc; Express LLC; Express Fashion Apparel, LLC; and Express Fashion Operations, LLC (collectively “Express”). Plaintiff alleges that she was hired on or about November 25, 2016 to work as a “Sales leader.” According to Plaintiff, Express committed wage and labor code violations by no...

Excerpt: ...sel for Plaintiff to give notice. Background This action arises out of a dispute between an alleged agreement between Plaintiff Home Comforts, Inc. (“Plaintiff”) and Defendant Preston Hunter (“Defendant”). Plaintiff alleges that Defendant agreed to create an “app” that will allow Plaintiff's to operate their printing business. The app was supposed to resize posters, send them to a printer, generate stamps, and them match the poster to...

Excerpt: ...TED in the amount of $17,215.50 in fees and $978.52in costs, for a total award of fees and costs of $18,194.02. Counsel for Plaintiff to give notice. Background This is a lemon law case that Ramsey Carey (“Plaintiff”) filed against FCA US, LLC (“Defendant”) on April 26, 2018. In November of 2018, Plaintiff and Defendant settled the case pursuant to a settlement agreement whereby Defendant agreed to a buyback of Plaintiff's allegedly defec...

Excerpt: ...l further responses by Defendant Meghan Owen to Special Interrogatories, Set One, and for monetary <00520003004a004c005900 0011[ Background This case arises out of a dispute involving the handling of funds deposited into a bank account. Plaintiff Paul Rogash (“Plaintiff”) alleges that he purchased a home in California in 2012. Plaintiff began dating Defendant Meghan Owen (“Meghan”) in 2014. Plaintiff sold the California home in 2015, and ...

Excerpt: ...the fifth, sixth and seventh causes of action are SUSTAINED. The demur to the remainder of the causes of actions are OVERRULED. Counsel for Cross- Defendant Drake Kennedy to give notice. Background This case arises out of a dispute between two brothers, Bryan and Drake Kennedy, who are the directors, officers, and shareholders or board members for six companies: Regency Outdoor Advertising, Inc. (“Regency”); Corona Outdoor Advertising, Inc. (...