Excerpt: ...mpelling Plaintiff Andrew Duhancioglu's (“Plaintiff”) complaint to arbitration. (Notice of Mtn., at p. 1.) By way of background, Plaintiff filed suit against Defendant for violations of the Song Beverly Consumer Warranty Act (“Song Beverly”) in connection with his purchase or lease of a 2020 Mercedes-Benz A220 (“subject vehicle”). The subject vehicle presented with various nonconformities within the warranty period. Defendant, in turn...

Excerpt: ...part. Plaintiff has 30 days to file an amended pleading addressing the issues set forth below. The demurrer is sustained with leave to amend as to the first (quiet title), second (slander of title) and third (partition and accounting) causes of action. The demurrer is overruled as to the fourth (declaratory relief) cause of action. Defendants James D. Rose (“James”) and Regina L. Dabich (“Dabich”) (collectively “Defendants”) demurrer ...

Excerpt: ...Independent Medical Examination of Plaintiff Patricia Hill ID: 033764486558 filed by Defendant Rodolfo Alvarado on 06/08/2023 is GRANTED, in part as set forth below. The Defendants' Joint Motion to Compel Defense Mental Examination of Plaintiff, Patricia Hill ID: 39625359747 filed by Defendants Rodolfo Alvarado and City of Los Angeles on 06/12/2023 is GRANTED, in part as set forth below. Defendants Rodolfo Alvarado (“Alvarado”) and City of Lo...

Excerpt: ...court reconsiders the motion to compel arbitration under its own authority in light of Ochoa v Ford Motor Company (Ford Motor Warranty Cases) (2023) 306 Cal.Rprt.3d 611. (See Code Civ. Proc., § 1008, subd. (c).) Upon reconsideration of the court's prior ruling, the court DENIES Defendant's motion to compel arbitration. Ochoa is directly on point and compels this conclusion. The matter is remanded to superior court for all further proceedings. De...

Excerpt: ...ng Co., LLC, Aleem Wadhwania, William B. Declerq, and Declercq Law Group on May 25, 2023, is GRANTED in part and DENIED in part as set forth below. Defendants Limitless Trading Co., LLC, Aleem Wadhwania, William B. Declerq, and Declercq Law Group (collectively “Defendants”) move to strike the complaint for defamation filed by Plaintiff Chad Padilla (“Plaintiff”), pro per. (Notice of Mnt., at p. 1.) By way of background, on December 12, 20...

Excerpt: ...INED in Part and OVERRULED in part. The demurrer to the first (breach of contract), second (breach of the implied covenant of good faith and fair dealing), and fourth (declaratory relief) causes of action is overruled. The demurrer to the third (promissory estoppel) cause of action is sustained with 30 days' leave to amend. The Motion to Strike Certain Portions of Plaintiff's First Amended Complaint ID: 025249343247 filed by Defendant Leonis Prop...

Excerpt: ... 05/30/2023 is GRANTED in part and DENIED in part. Defendant Nissan North America, Inc.'s motion to compel arbitration is DENIED. Defendant Infiniti of Van Nuys motion to compel arbitration is GRANTED. The case against Defendant Nissan is stayed pending the outcome of arbitration of the claims against Defendant Infiniti of Van Nuys. Defendants Nissan North America, Inc., (“Nissan”) and Infiniti of Van Nuys (“Infiniti”) (collectively “Ni...

Excerpt: ...Judgment or Alternatively, Adjudication, of Cross-Complaint of Cross- Complainants Michael Mizrachi, Marina Mizrachi, and Weedmayhem, Inc., and Affirmative Defenses thereto; reservation no.: 574536463995 filed by Cross-Defendant Sardor Azimovich Abdullaev on 12/21/2022 is DENIED. Cross-Defendants motion for summary judgment is denied. Cross-Defendants motion for summary adjudication of issues one through eight are denied. Cross-Defendants Sardor ...

Excerpt: ...e Insurance Company and Liberty Mutual Group, Inc. ID: 883363127428 filed by Defendants Liberty Mutual Fire Insurance Company and Liberty Mutual Group, Inc., on 05/05/2023 is SUSTAINED in part and OVERRULED in part. The demurrer to the first (breach of contract) cause of action is OVERRULED. The demurrer to the fifth (negligent infliction of emotional distress) cause of action is SUSTAINED with leave to amend. Plaintiff has 30 days to file an ame...

Excerpt: ...ia Department of Public Health and Tomas J. Aragon on 05/23/2023 is CONTINUED to August 4, 2023, at 8:30 a.m. in Department 24 of Stanley Mosk Courthouse. Respondents are ordered to file a declaration confirming that the motion for consolidation was filed in the other action - Lakeview Terrace Skilled Nursing Facility, LLC dba Lakeview Terrace v. California Department of Public Health of the State of California et al (Case No., 22STLC07146) and/o...

Excerpt: ...Fees and Costs of Partition to be Borne by Defendant Tarzana Crossing, LLC; filed by Plaintiff Richard K. Ullman, Sr. Trustee of the Richard K. Ullman Separate Property Trust dated March 28, 2001, et al on 03/16/2023 is GRANTED in part as set forth below. Instead of equitable apportionment based on Defendant's ownership interest of 5.1948%, the court orders Defendant to bear 10.1948% of fees and costs of the partition. Plaintiffs' 03/16/2023 and ...

Excerpt: ... City of Los Angeles (named in the complaint as the Los Angeles Police Department [“LAPD”]) (“Defendant”) demurrers to the entire complaint of Plaintiff Walter Harris (“Plaintiff”) on the grounds Plaintiff failed to state facts sufficient to constitute a cause of action and/or it is uncertain. (Notice of Demurrer, at p. 2; see also Code Civ. Proc., §430.10.) Plaintiff filed no opposition. By way of background, on June 15, 2022, Plain...

Excerpt: ...enth, eleventh, and twelfth causes of action is overruled. The demurrer to the ninth, tenth, and thirteenth causes of action is sustained without leave to amend. Defendant County of Los Angeles (“Defendant”) demurrers to seventh (Intentional infliction of emotional distress), ninth (wrongful termination), tenth (constructive termination), eleventh (failure to hire), twelfth (CRFA violations), and thirteenth (Violation of labor code sections 5...

Excerpt: ...ended complaint forthwith. In light of the court's ruling on the motion for leave to file an amended complaint the Motion for Judgment on the Pleadings by Defendant WM & Co.; reservation no.: 036106482698 filed by Defendant WM & Co. on 04/06/2023; the Demurrer to Complaint; reservation no.: 713339707498 filed by Defendant The Bank of New York Mellon on 02/17/2023; and Motion for Judgment on the Pleadings reservation no.: 374514808696 filed by Def...

Excerpt: ...efendant Paul Sado, to Strike his Answer and his Defamation Complaint; Request for Monetary and Terminating Sanctions; ID: 324550280395 filed by Plaintiff Zelia Scott on 05/30/2023 is GRANTED. The court imposes sanctions in the amount of $3,561.00 against Defendant Paul Sado payable to Plaintiff Zelia Scott forthwith. Plaintiff Zelia Scott (“Plaintiff”) moves for terminating against Defendant Paul Sado (“Defendant”), pro per. (Notice of M...

Excerpt: ...a for Production of Business Records to Non-Party Your Healing Begins Here; reservation no.: 337934434881 filed by Defendant city of Los Angeles on 04/04/2023 is DENIED without prejudice. Defendant City of Los Angeles (“Defendant”) moves for an order compelling non-party deponent Your Healing Begins Here (“Your Healing”) to produce all documents responsive to Defendant's deposition subpoena. (Notice of Mtn., at p. 2) By way of background,...

Excerpt: ...liams (“Plaintiff”) moves for an order of sanctions against Defendants Windsor Twin Palms Healthcare Center, LLC (“Defendant”) for fees and costs incurred as a result of “Defendant Windsor Twin Palms Healthcare Center, LLC's material breach of the arbitration agreement in the amount of $3,386.65.” (Notice of Mtn. at p.1.) The court previously denied Plaintiff's motion for sanctions without prejudice. (Minute Order, May 23, 2023.) Plai...

Excerpt: ... the court reporter fees is granted with respect to the amount of $4,336.77 in court reporter fees. In all other respects the motion to tax is denied. Plaintiffs Gilbert Wayne Hedgpeth; Raul Caiz, Jr.; and Raul Caiz, Sr. (collectively “Plaintiffs”) move for an order taxing the costs sought by Defendants the California State Athletic Commission and Andrew Foster (collectively “Defendants”). (Notice of Mtn., at p. 1.) Defendants seek at tot...

Excerpt: ...ge! Learning LLC and Engage Learning, Inc., on 05/24/2023 is SUSTAINED in part, and OVERRULED in part. The demurrer to the first and third causes of action is overruled. The demurrer to the fifth cause of action is sustained with leave to amend. Defendants Engage Learning LLC and Engage Learning, Inc. (collectively “Defendants”) demurer to the first (failure to pay wages), third (constructive termination), and fifth (failure to provide accura...

Excerpt: ...re Inc. TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving and opposing papers in the above-captioned motions and announces its tentative rulings in open Court. The Motion to Compel Further Discovery Responses to Request for Production Nos. 29-32 by Columbia Care LLC ID: 293732444448 filed by Plaintiff MM Acquisition Co. LLC on 04/28/2023; The Motion to Compel Further Discovery Responses to Special...

Excerpt: ...ant Children's Hospital of Los Angeles on 03/17/2023 is DENIED. Defendant Children's Hospital of Los Angeles motion for summary judgment is denied. Defendant's motion for summary adjudication of issue twenty-two is GRANTED. In all other respects the motion for summary adjudication of the issues is denied. Defendant Children's Hospital of Los Angeles (“Defendant”) moves for summary judgment or in on the complaint filed by Plaintiff Diana Lalan...

Excerpt: ...rs to the first (breach of contract) and second (promissory estoppel) causes of action in the cross-complaint filed by Defendant/Cross- Complainant Cindy Iskandar (“Iskandar”). (Notice of Dem., at p. 2.) Builder Boy moves pursuant to Code of Civil Procedure section 430.10. (Notice of Dem., at p. 2.) By way of background, on October 14, 2021, Builder Boy filed suit against Iskandar. Iskandar, in turn, filed her initial cross-complaint on Novem...

Excerpt: ...ant Wolfram Ermel (“Defendant”) moves for an order setting aside a void judgment against him. By way of background, on October 12, 2017, Martial Etame (“Plaintiff”) filed suit against Defendant regarding the fallout of their car restoration business and Defendant's alleged conversion of Plaintiff's cars. Both parties proceeded in pro per. Defendant filed a responsive pleading to the complaint on November 22, 2017, but thereafter failed to...

Excerpt: ...arc A. Smith II on 05/17/2023 is DENIED. Defendant Marc A. Smith II (“Defendant”) moves for an order to disqualify the law firm of Phillips Lex and Robin Phillips (collectively “Counsel”) from representing Plaintiff Roberto Orci (“Plaintiff”) in the present suit. (Notice of Mtn., at p. 2.) Plaintiff's 06/06/2023 objections to the declaration of David V. Luu (“Luu”) are overruled. Defendant's 06/09/2023 objections to the declaratio...

Excerpt: ...ve rulings in open Court. The Motion for Order Approving Settlement Claims Brought Pursuant to Private Attorneys General Act of 2004 ID: 477506149335 filed by Plaintiff Felipe Carrera Puente on 05/25/2023 is continued to July 31, 2023, at 8:30 a.m. in Department 24 of Stanley Mosk Courthouse for the reasons set forth below. Plaintiff is to provide the court with a copy of the email from LWDA confirming the submission of the Settlement, and the no...

Excerpt: ...t Society of New York, Inc. on 04/13/2023 is DENIED. Plaintiff's 6/5/2023 request for Judicial Notice is GRANTED. Plaintiff's 6/13/2023 request to strike Defendant's demurrer reply as untimely is DENIED. Defendant Watchtower Bible and Tract Society of New York (“Defendant”) demurrers to the third (negligent hiring, supervision, and retention) and the fourth (negligent supervision of a minor) causes of action for failed state a claim in that P...

Excerpt: ...LC dba Holiday Inn dba Staybridge suites Long Beach Airport (“Holiday Inn”), Intercontinental Hotel Group Resources, LLC (“Intercontinental”), L.A. Koreana, Inc. (“Koreana”), Defendant, and Javier Doe (“Javier”) (collectively “Defendants”). Plaintiff alleged in 1991 Holiday Inn, Intercontinental and Koreana (collectively “Employer Defendants”) hired her to work in the housekeeping/laundry department at the Holiday Inn in L...

Excerpt: ...to furnish timely and accurate wage statements) cause of action is sustained with leave to amend. The demurrers to the eighth (failure to reimburse all necessary business- related expenses), tenth (intentional interference with an economic relationship with a probable economic benefit) and eleventh (wrongful termination) causes of action are overruled. The demurrer to the eleventh cause of action is overruled as moot. The Defendants Dana Johnson ...

Excerpt: ...ant Prompt Delivery, Inc. dba Southern California Messengers (“Defendant”). The Complaint alleges in relevant part that Plaintiff was employed by Defendant as a delivery person, and was wrongfully terminated as a result of his protected disabilities, which resulted from a non-work related car accident. (Compl., ¶ 9.) Plaintiff provided a note from his doctor to Defendant, which stated he needed to be off work for four weeks due to injuries h...

Excerpt: ...her resident, Leena Patel, complained because she thought he was taking photos of her children in their bathing suits. Patel reported her concerns to Jessica Lee (“Lee” or “Defendant”) and Judit Maull (“Maull”) because they were on the complex's homeowner association (“HOA”) board. Plaintiff alleges that Lee and Maull then spread a rumor around the Windsor Fountains community that he is a pedophile. Plaintiff sues for defamation a...

Excerpt: ...or the defendants from June 2015 until December 2, 2020, as a welder and that Defendants terminated Plaintiff and replaced him with a younger employee. At the time of termination, Plaintiff was 57 years old. The Complaint states two causes of action for 1) Age Discrimination and 2) Wrongful Termination. Request for Judicial Notice High Tech requests judicial notice of Employee Acknowledgement and Arbitration Agreement signed by Plaintiff on June ...

Excerpt: ...eging causes of action for (1) sexual harassment, (2) violation of the Bane Act, (3) Unfair, Unlawful and Fraudulent Business Practices, (4) retaliation, and (5) intentional infliction of emotional distress. The FAC alleges that Plaintiff worked for Defendant Cardinal Health as a member of a fulfillment team, where she engaged in manual labor. Plaintiff suffered a work-related injury to her back and was eventually directed to see a doctor. Unbekn...

Excerpt: ...n seeks an order releasing property commonly known as 1309 Palms Boulevard, Venice, California (the “Subject Property”) from a mechanic's lien filed on December 20, 2022 by Respondent. (Pet., ¶¶ 3-4.) The hearing on the Petition was originally set for May 23, 2023. In connection with the Petitioner, Petitioner filed a proof of service demonstrating Respondent was personally served with the Petition and the notice of hearing on April 12, 202...

Excerpt: ...irm") and Mark Geragos ("Geragos") bring two motions to compel Plaintiffs Michelle Roberts ("Roberts") and Lori Shanyfelt ("Shanyfelt") to each file an undertaking in the amount of $120,000.00. (Notice of Roberts Mtn„ at p. 1; Notice of Shanyfelt Mtn„ atp. 1.) By way of background, this is a legal malpractice case. On May 22, 2019, Plaintiffs Teresa Hershey, Lisa Anderson, Stephanie Small, Chauncie Wray, Roberts, and Shanyfelt, (collectively ...

Excerpt: ...dered to appears for deposition withm 30 days notice of this order. Plamtiff Mazhou Gao ("Plaintiff') moves for an order excluding Defendant General Motors, LLC ("Defendant') expert witness James Oaks ("Oaks") from testi$ing at trial or, in the alternative, compelling the deposition of Oaks. (Notice of Mtn„ at p. 1.) Discussion Code of Civil Procedure section 2034.300 sets forth the standard for a motion to exclude expert testimony. It states "...

Excerpt: ...n on November 18, 2021, to conform to the post-judgment orders and to correct clerical erm)rs in the judgment (Notice of Mtn„ at p. 2.) Defendant Albert Lon Chaney III and Kay S. Chaney (collectively "Defendants") do not oppose. On November 18, 2021, the court issued "judgment on the terms of the settlement agreement as reflected in the Repofter's Transcript of the court proceedings dated May 24, 2016, and Option Agreement as incorporated there...

Excerpt: ...e first (breach of contract), second (breach of duty of good faith and fair dealing), third (breach offiduciary duty), and eighth (tortious interference unth contract) causes of action. Plamtiff/Cross-Defendant Gomez Law APC, ("Gomez Law") demurrers to the first (breach of contract), second (breach of duty of good faith and fair dealing), third (breach offiduciary duty), fourth (negligent misrepresentation), fifth (constructive fraud), sixth (fra...

Excerpt: ...With leave to amend. The demurrers to the first (breach of contract), fifth (accounting), seventh (declaratory relien, eighth (quantum meruit), and ninth (unjust enrichment) causes of action are overruled. The Motion to Strike Portions of Complaint by Defendant Sam Tripoli; reservation no.: 063634226234 filed by Defendant Sam Tripoli on 03/10/2023 is GRANTED in part and DENIED In part as set forth below. The court grants the request to strike the...

Excerpt: ...ly on a declaration from counsel because counsel s declaration does not satis$ the requirements of Code of Civil Procedure section 585, subdivision (d), which states the "facts stated in the ... affidavits shall be wnthin the personal knowledge of the affiant and shall be set forth with particularity." Any claims of damages must also be supported by a percipient witness declaration With supporting documentation. As to the interest, Plaintiffs mus...

Excerpt: ...iz"), Melissa Macias ("Melissa"), and Armelio Macias ("Armelio") (collectively "Plaintiffs") move for an order granting leave to file a first amended complaint ("FAC"). (Notice of Mtn. at p. 1.) Based on the courts review ofthe proposed PAC, Plaintiffs seek to add additional elements of damages and an additional claim for Medical Negligence by Melissa. By way ofbackground, on April 5, 2022, Plaintiffs filed suit for medical malpractice in connect...

Excerpt: ...21, Plaintiff filed suit against Defendant for claims under the Song Beverly Consumer Warranty Act ("Song Beverlf') in connection with her purchase of a used 2013 Volkswagen Beetle. On April 17, 2023, the court granted Defendants unopposed motion for judgment on the pleadings and motion to strike without leave to amend and American Safety Casualty Insurance Company s notice ofjoinder in the motion. Discussion Defendant has made a contract-based a...

Excerpt: ...consideration of the court prior ruling, the court DENIES Defendants motion to compel arbitration. Ochoa is directly on point and compels this conclusion. The matter is remanded to superior court for all further proceedings. Plamtiffs Mercedes Montejo Hernandez ("Plaintiff') move for an order granting reconsideration of the courts prior ruling granting Defendant Nissan North America Inc.'s ("Defendant') motion to compel arbitration. (Notice of Mt...

Excerpt: ...led by Plaintiff Shahrooz Taheri on 3 03 2023; and the Motion to Comrrl Further Discovery Responses from Defendant Self Love, LLC to Employment Form Interrogatoty (set one) 21,24,30,31,33, and 35 through 168 and Request for Monetary Sanctions reservation no.: 868772852761 filed by Plaintiff Shahrooz Taheri on 3/06/2023 are DENIED without prejudice. By way ofbackground, on May 10, 2021, Plaintiff Shahrooz Taheri ("Plaintiff') filed suit agamst Def...

Excerpt: ...arties are ordered to file a joint statement with the court regarding the status of the deposition at least three days prior to the hearing. Plaintiff Benjamin Manninen ("Plaintiff) moves for an order imposing monetary, evidentiary and/or issue sanctions against Defendant General Motors LLC ("Defendant) for abuse of the discovery process and failure to comply with the couffs March 8: 2023 minute order (Notice of Mtn_: at pp. 1-2.) By way of backg...

Excerpt: ...endants argue Plaintiff s claims are no warranted by existing law and sanctions are warranted under Code of Civil Procedure section 128.7 ("Section 128_7")_ (Notice of Mtn_, at p. ii_) By way of background: on January 14, 2022, Plaintiff in pro per, filed her complaint Defendants alleging that Defendants conspired to deprive her of her real property located at 5532 West 62, Los Angeles Califomia ("subject property"). Specifically: Defendant purpo...

Excerpt: ... (2) the notice they will send to the Aggrieved Employees referenced in the settlement, and (3) an explanation of whether or how the Administrator will confirm the addresses for Aggrieved Employees are up to date. Plaintiffs Sindy Aviles and Bryan Kelly (collectively "Plaintiffs") move for an order approving their PAGA settlement and Release Agreement ("Settlement") with Defendant Freeway Insurance Services America, LLC ('Defendant"). (Mtn. at pp...

Excerpt: ...The court orders that Plaintiff has proven, by clear and convincing evidence Defendants B-Spring Valley, LLC, Brius Management Co„ and Shlomo Rechnitz engaged in a joint venture, part of a single enterprise, and/or are the alter egos of each other. The court imposes monetary sanctions in the reduced amount of S 12000 on Defendants B-Spring Valley, LLC: Brius Management Co., and Shlomo Rechnitz and their attorneys of record Giovanniello Law Grou...

Excerpt: ...ional documents. The Motion to Quash Plaintiffs Subpoena For Personal Appearance and Production Of Financial Records To Robert Frumkin - 11): 731245562861 filed by Defendant Marc A Smith II on 01/27 is GuNTED. The Motion to Quash Plaintiffs subpoena for Production of Financial Records from Wells Fargo Bank, N.A:, reservation no.: 762104386351 filed by Defendant MarcA Smith, II on 02/21/2023 is GRANTED. Defendant Marc A Smith II ("Defendant") brin...

Excerpt: ...lly converted garage unit at the real property located at 362 S. Craig Avenue., Pasadena California 91107 ("subject property"). Durmg the period Plaintiff rented the unit, Defendant failed to maintam it in a habitable condition including roof leaks, loss of electricity, lack of runnmg water in the shower, and general dilapidation. The Los Angeles Department of Regional Planning sent Defendant a notice of violation regarding the unpermitted dwelli...

Excerpt: ...ctions in the amount of S8,524.15 against party- affiliated witness Cyndie Ayala ("Deponent") and her counsel Rachel McClintock for misuse of the discovety process. (Notice of Mtn„ at p. 2 [citing Code Civ. Proc„ 52023.030 et seq].) Plaintiff moves for sanctions under Code of Civil Procedure Sections 2023.030 ("Section 2023.030") and 2023.010 ("Section 2023.010"). Defendant, in turn, seeks sanctions in S2,500 against Plaintiffs counsel. Discu...

Excerpt: ...mend as to Meldia Investment Realty of America, Inc.. The demurrer as to the fifth (declaratory relief) cause of action is sustamed mth leave to amend as to Meldia Investment Realty of America, Inc„ The Motion to Strike Portions of Third Amended Cross-Complaint; reservation no.: 533774587199 filed by Cross-Defendants Akihiro Kondo, Keishi Ando, Meldia Investment Realty of America, Incu and Sanei Architecture Planning Co. Ltd, on 02/24/2023 is G...

Excerpt: ...ission to conduct financial discovery of Defendant Mano Ramos ("Defendant"). (Notice of Mtn., at p. 2.) Plaintiffs move on the grounds that they are likely to prevail on their claim for punitive damages and may conduct financial discovery under Civil Code section 3295 ("Section 3295"). (Notice of Mtn„ at p. 2.) By way ofbackground, this is a habitability case. Plaintiffs allege that Defendant knowingly and illegally rented out as residential un...

Excerpt: ... an Assignment Order with respect to payments from Samuel Goldwyn Films, LLC; reservation no.: 073623854191 filed by Plaintiff Rakuten Group. Inc., on 03/22/2023 is GRANTED as set forth below. Plamtiff Rakuten Group Inc. ("Plaintiff) brings Nvo separate motions for an assignment order. Plaintiff moves for an order directing that Defendants The H Collective, Inc.; the H Collective Entertainment; the H Holdings LLC; xxx The Fourth LLC; the Beast Fi...

Excerpt: ...gment on the pleadings without leave to amend as to cause of action ten (Labor Code section 1102.5). The court denies judgment on the pleadings as to cause of action two (harassment). Discussion Defendant Maria de Jesus Romero (“Defendant”) moves for judgment on the pleadings on the grounds that the second (harassment), ninth (Labor Code 98.6 retaliation), tenth (Labor Code 1102.5 Retaliation), eleventh (defamation) and twelfth (defamation pe...

Excerpt: ...om Defendant Self Love, LLC to provide further responses to No. 211.1 and 216.1 from Plaintiffs first set of Employment-Form Interrogatories; Hearing on Motion to Compel Further Discovery Responses from Defendant Self Love, LLC to Plaintiffs second set of Special Interrogatories No. 21,24,30,31,33, and 35 through 168 TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned m...

Excerpt: ...he above-captioned motions and announces its tentative rulings in open Court. The Motion for Order Re Failure to Open Escrow, reservation no.: 376537619213 filed by Plaintiffs Jesus Naranjo and Mana Blanca Naranjo on 03 /01/2023 is GRANTED. ANALYSIS Plai tiffs Jesus Naranjo and Maria Blanca Naranjo (collectively "Plaintiffs") move for an order to be included in the final judgment of this matter cancelling Defendants Albert Lon Chaney, III's and K...

Excerpt: ...Court. The Motion for Summaty Judgment of Defendants Peter Sacker and 1212 North Clark St„ LLC reservation no.: 017147748381 filed by Defendants Peter Sacker and 1212 North Clark St„ LLC on 01/05/2023 is DENIED. Defendants Peter Sacker ("Sacken and 1212 North Clark St„ LLC ("North Clark") (collectively "Defendants") move for summary judgment on the complaint filed by Plaintiffs Tim Purcell ("Purcell") and Samantha Lopez (collectively "Plain...

Excerpt: ...f') as to Plamtiffs entire operative first amended complaint ("FAC"). Specifically, Cedars moves on the grounds that no triable issues exist for any material facts in this case because Cedars met the standard of care at all times during the care and treatment of Michael Park ("Decedent') and nothing Cedars did contributed to Decedents death. (Notice of Mtn„ p. 2.) Plaintiff now in pm per, does not oppose. Cedars filed the motion on December 13,...

Excerpt: ... no.: 982314805933 filed by Plaintiff Diana Barnett on 03/03/2023 is c;æANTED. Plamtiff is ordered to file the second amended complaint within 5 days' notice ofthis order. Plamtiff Diana Barnet ("Plaintiff') moves for an order granting her leave to file a second amended complaint against Defendant Kia Motors America, Inc. ("Defendant') alleging a Sixth cause of action for fraudulent concealment and adding a request for pumtive damages. (Notice o...

Excerpt: ...ERRULED. Defendants For Motor Company ("Ford") and Advantage Ford Lincoln ("AFL") (collectively "Defendants") demurrer to the first (violation of Magnuson-Moss Warranty Act), second (breach of implied warrant•y), and third (negligent repair) causes of action in the first amended complaint ("FAC") filed by Plaintiff Gino Mortillaro ("Plaintiff'). Defendant argue Plaintiff failed to allege sufficient facts to constitute the causes of action. (Not...

Excerpt: ...half of specially appearing Defendant Evan Hand to Quash service of Summons and Complaint for lack of personal jurisdiction and Dismiss Action; reservation no.: 994842920375 filed by Defendant Evan Hand, specially appearing, on 02/27 / 2023 is GRANTED. Defendant Evan Hand ("Defendant') move for an order quashing service of summons on the grounds that the court lacks personal jurisdiction over him—a resident of the state of New York Discussion 1...

Excerpt: ... moving papers in the above-captioned motions and announces its tentative rulings in open Court. The Motion to Deem RPA's Admitted Set One to Defendant Civ of Los Angeles and Request for Monetaty Sanctions against Ci5r of Los Angeles; reservation no.: 082371414373 filed by Plaintiff Sylvana McGraw on 03/01/2023; the Motion to Compel Defendant City of Los Angeles's Discovery Responses and Request for Monetaty Sanctions agamst City of Los Angeles; ...

Excerpt: ...dgment or alternatively, Summary Adjudication on second Amended Cross- Complaint filed by In Sook Park reservation no.: 124484325703 filed by Cross-Defendant Steven S. Kim on 7/18/2022 is DENIED. The Joinder to Motion for Summary Judgment / Adjudication on Second Amended Cross-Complaint filed by In Sook Park reservation no.: 124484325703 filed by Cross-Defendants Good Hill Inc., Min Young Chung and Shannon sung on 07/19/2022 is DENIED. Plamtiff a...

Excerpt: ...dalupe Pharmacy, Inc. and San Marcos Pharmacy, Inc. on 02/21/2023 is GRANTED. Plamtiffs Guadalupe Pharmacy, Inc. and San Marcos Pharmacy, Inc. (collectively "Plaintiffs") move for an order lifting the stay in the present case pursuant to Code of CIVII Procedure section 1281.4. (Motion, at This is breach of contract case. On December 2, 2020, Plaintiffs filed suit against various corporate entities and in May 2021, Plaintiffs filed the operative f...

Excerpt: ...ng LLC has not demonstrated by a preponderance of the evidence that it will prevail on the Civil Code section 3439.04 claim. (See Code Civ. Proc„ 5405.31.) However, finding the opposition substantially justified, the court does not award Defendant Payam Ebrahimian attorneys' fees. (Code Civ. Proc„ 5 405.38) Defendant Payman Ebrahimian ("Payman") moves for an order expunging the Notice of Pendency of Action ("lis pendens") recorded against the...

Excerpt: ...taffing Services, LLC on 02/17/2023 is GutüTED. Defendant Prolink Staffing Services, LLC ("Defendant") moves for leave to file a cross-complaint in this action agamst Plaintiffs Amanda Bowers and Susan Tidwell (collectively "Plaintiffs"). The proposed cross-complaint alleges one cause of action for declaratory elief. By way ofbackground, on June 14, 2021, Plaintiffs filed the present Private Attorneys General Act ("PAGA) action agamst Defendant ...

Excerpt: ...6585 filed by Plaintiff Gerardo Barraza on 02/24/2023 is GRANTED in part. The court awards Plaintiff fees in the amount of $29,992.5 and costs in the amount of S982.73. The fee award includes all fees incurred for this motion. This is a lemon law action. On November 9, 2021, Plaintiff Gerardo Barraza ("Plaintiff') filed the present suit for breach of warranö,• claims under the Song Beverly Consumer Warranör Act ("Song Beverly") agamst Defenda...

Excerpt: .../10/2023 is GRANTED in part. The Motion tor Attorneys Fees is Granted in Part. The court grants the motion tor attomeyS tees in part for a total tee award ot $97,001.76., which includes the tees incurred in bringing this motiom Plamtiff Alfredo Jimenez ("Plaintiff') moves for an award of attorneys' fees in the amount of $175,730.00 for work completed and $3,000.00 for attorneys fees in pursuing the present fee motion against Defendant Alexis Coro...

Excerpt: ...Petitioner); Radmila Shkolnikov (Petitioner) RESP. PARTY: Richard Guy Leff (Respondent) TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative ruling in open Court. The PETITION FOR ORDER COMPELLING ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF EDWARD SHKOLNIKOV IN SUPPORT filed by Petitioners Edward Shkoln...

Excerpt: ...e-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative ruling in open Court. The Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion) reservation no.: 769488862894 filed by Plaintiff Robert Marc Evans on 01/27/2023 is GRANTED, with some categories narrowed. The custodian of records is ordered to appear with the records described below on at 1...

Excerpt: ...S; Opposition to Demurrer; Opposition to MTS; Reply to Demurrer; Reply to MTS; MOVING PARTY: Deputy Chavira (Defendant); County of Los Angeles (Defendant); Deputy Cortez (#524) (Defendant) RESP. PARTY: Jimmy Cruz (Plaintiff) TENTATIVE RULING: The above-captioned matters are called for hearing. The Court has read the moving papers in the above-captioned motions and announces its tentative rulings in open Court. The Demurrer to Plaintiffs' First Am...

Excerpt: ...nities based on her race, disability, and age. Defendant now brings this motion for judgment on the pleadings. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion for Judgment on the Pleadings is GRANTED. Generally speaking, leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) Here, it appears any attempt to avoid the statute of limitations issue would ...

Excerpt: ...intiff Michael Z Lavie Meet and Confer: Yes. (Pelcic Decl. ¶¶3‐4.) BACKGROUND Plaintiff Michael Z. Lavie alleges he is a homeowner of a condominium commonly known as 5460 White Oak Ave., Unit F‐208, Encino, California 91316. The condominium is part and parcel of Defendant Encino Homeowners Association. Plaintiff alleges in March 2020, a water pipe in Plaintiff's condominium Unit exploded causing severe water damage to the inner walls of the...

Excerpt: ...y drove over plaintiff's foot. Scott did not see plaintiff, who was in the course and scope of his employment with Vito, kneeling down in the street to check the tire pressure on one of Vito's trucks. Plaintiff sued Brown and Sierra. Sierra, in turn, filed a cross‐complaint against plaintiff's employer Vito, claiming that Vito was partially liable for “allowing” plaintiff to be crouched down in dark clothes (a safety violation). Sierra also...

Excerpt: ...ish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers and opposition. BACKGROUND On May 26, 2022, Plaintiff Arthur Edward Ezor filed a complaint against Defendants Ellie Page, Masoud Koshki, Shlomo Harari, Norma Diller, Jose Jaime, Dagoberto Jaime, P&J Labrea, LLC, and Does 2-1...

Excerpt: ...h of written contract; (2) breach of the implied duty of good faith and fair dealing; (3) tortious interference with contractual relations; and (4) unlawful business practices. Now, Defendants Mary Conway, William Conway, and Central Jersey Doors & Closet, LLC (collectively, Defendants) demur to Plaintiff's Complaint. Discussion Defendants' demurrer is defective for a number of reasons. As a preliminary matter, Defendants' demurrer seeks to join ...

Excerpt: ...ng facts. Plaintiff alleges that Defendant purchased real property at a Trustee's sale with knowledge that the sale was being conducted by a suspended corporation, and, thus improper. Plaintiff alleges a sole cause of action for Fraud in the Procurement of Foreclosure Decree. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Joseph Trenk, ¶ 3.) Demurrer A demurrer tests the suff...

Excerpt: ...auses of action for on January 24, 2022. The operative First Amended Cross-Compliant (FACC) alleges causes of action for: (1) Breach of Contract, (2) Declaratory Relief On July 05, 2022, Plaintiff filed a demurrer to Defendant's FACC. Defendant filed opposing papers on November 18, 2022. Plaintiff filed a reply on November 28, 2022. LEGAL STANDARD Where pleadings are defective, a party may raise the defect by way of a demurrer.¿ (Coyne v. Krempe...

Excerpt: ... The Court overrules the demurrer as to the eleventh cause of action, and sustains the demurrer to the remaining causes of action. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d ...

Excerpt: ...awsuits [see Defendants' Demurrer, p. 1:4 and fn. 1] is irrelevant to the Court's ruling on this demurrer. Further, arguing that a “nonequity partner” is as nonsensical as a “non-flying airplane” [see Opposition to Demurrer, p. 2:7-8] does not help Plaintiff's argument; such a statement flies in the face of common practice at many large law firms. BACKGROUND: On January 14, 2022, Plaintiff Janet Sikiyan filed her Complaint against Defenda...

Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...ring into an appropriate protective order that would preclude the dissemination of the information discovered. BACKGROUND: On February 1, 2019, Plaintiff filed his Complaint against Defendants Jake Morris Dante, Cynthia Pett Dante, and Brillstein Entertainment Partners, LLC to allege the following causes of action related to an automobile accident: (1) Negligence; (2) Violation of Vehicle Code Sections 20001 and 20003; (3) Violation of Vehicle Co...

Excerpt: ...entative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be s...

Excerpt: ...led to establish any right to additional piece rate compensation (see 8:8‐9); 3. was not entitled to monetize unused sick time (see 9:6‐7); 4. was not owed additional unused vacation time (and was in fact overpaid, see 10:1‐3); 5. was entitled to $80 in work expenses, plus $10.10 in accrued interest (see 10:8‐16). Pursuant to Labor Code §98.2(a), within 10 days after service of notice of a Labor Commission award, either the employee or t...

Excerpt: ... This is a malicious prosecution case. Plaintiffs Siamak Michael Rahimi and Rahimi & Co. (the “Rahimi parties”) were accountants of Defendants Behrouz Farzad, Nasrin Farzad, Ali Farzad, Farbod Farzad, Elite Pros, Inc. and Lyons Capital Investments LLC (the “Farzad parties”). The Farbod parties sued the Rahimi parties for voluntarily producing their tax-related documents in a separate action during a deposition and without a subpoena. Thei...

Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...

Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...

Excerpt: ...rtConnect rather than in person due to the COVID-19 pandemic. On August 17, 2021, Plaintiff Akanksha Massey filed a Complaint against Defendant Children Of The Night for PAGA penalties due to Defendant's alleged failure to “(1) Provide all rest and meal periods; (2) Indemnify for necessary work-related expenditures; (3) Pay all wages earned for all hours worked at the correct rates of pay; (4) Issue accurate and complete itemized wage statement...

Excerpt: ...ervices Joinder to Motion to Compel Arbitration are granted. Background Plaintiff filed the Complaint on May 24, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendants. Plaintiff alleges that he was subjected to discriminatory and harassing conduct based on age. Plaintiff did not receive an offer of permanent employment while younger individuals did obtain permanent employment. Plaintiff alleges the following ca...

Excerpt: ...a legal action against her former employer. In doing so, he assisted her in mediating and entering a settlement agreement. Plaintiff further alleges that Defendant forced to sign the settlement agreement without giving Plaintiff enough time to review and comprehend it. Defendant now moves for an order compelling Plaintiff's deposition. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Plaintiff's Deposition is GRANTED. Plaintiff i...

Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...

Excerpt: ...a Trousse (“The Trousses”) claim that in 2002, their mother Martine Palmaro-Trousse (“Martine”) entrusted to Defendants some $14.8 million (the “Inheritance Money”) that the Trousses had inherited from their late father, to be invested on the Trousses' behalf because they were minors. Defendants were family-friends of the Trousses. To hold the Inheritance Money, Defendants established Delago Enterprises, LLC, Corelson, LLC, and Estate...

Excerpt: ...ed in Code of Civil Procedure section 1010.6(a)(4).” (California Rules of Court Rule 3.1700, subd. (b)(1).) “Code of Civil Procedure section 1032, subdivision (b) [], guarantees prevailing parties in civil litigation awards of the costs expended in the litigation: ‘Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Williams v. Chino Valley...

Excerpt: ...Inc., C.P. Food Products, Inc., C.P. Foods, Inc., and C.P. Foods West, Inc. (1)-(2) Responding Party: Plaintiff Eva D'Avella T/R: SPECIALLYLY APPEARING DEFENDANTS' MOTION TO SET ASIDE DEFAULT JUDGMENT IS GRANTED. SPECIALLYLY APPEARING DEFENDANTS' MOTION TO QUASH IS GRANTED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represente...

Excerpt: ...mplaint against Swall Heights, LLC on a cause of action for violation of Civil Code § 895, et seq. On June 17, 2021, Plaintiff filed its First Amended Complaint against Defendant on causes of action for: (1) violation of Civil Code § 895, et seq.; (2) fraud; and (3) negligent misrepresentation. On December 21, 2021, pursuant to a stipulation by the Parties, the Court entered its Order, which among other things, ordered the Parties to submit a f...

Excerpt: ...ivil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shal...

Excerpt: ... LLC on causes of action for breach of written contract, accounting, and common count. On September 29, 2021, pursuant to Plaintiff's oral request, the Court dismissed with prejudice this matter due to the Parties' settlement. The Court retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6. On October 25, 2022, Plaintiff filed its Ex Parte Application...