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