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