Excerpt: ...12/20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $...

Excerpt: ...ed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that render...

Excerpt: .../20. The settlement and the terms of the Special Needs Trust are approved, and the Petition is GRANTED. The Court finds that counsel's request for attorney's fees of 40% of the gross settlement is reasonable pursuant to the factors at Cal Rules of Court, Rule 7.955(b). Plaintiff's counsel's supplemental declaration provides the required copy of the signed retainer agreement. The Court approves the following distribution. Attorney's fees (40%) $7,...

Excerpt: ...agreed to pay for the value of an automobile or the amount necessary to repair or replace the automobile. The policy allegedly provided the same coverage for any replacement or substitute vehicle. Coronado further alleges that on or about May 5, 2018, Coronado acquired a new BMW 328i to replace the vehicle she had insured with Infinity. As Plaintiff's brother was driving the vehicle home from the dealership, he was involved in a collision that re...

Excerpt: ...ationship between Plaintiff and Defendant and no rental agreement or lease. Defendant was allegedly served with a 30-day notice to quit under Civil Code section 789, which applies to tenancies at will. Defendant moves for summary judgment, claiming that the 30-day notice is defective because “the notice states an insufficient basis for unlawful detainer under the Code of Civil Procedure [section] 1946.2.” (See Notice of Motion). Although the ...

Excerpt: ...cuments as set forth below within 20 days' notice of this order. A. RULINGS REGARDING SPECIFIC REQUESTS REQUESTS FOR PRODUCTION NOS. 1, 11, 12, 13, 14, 15, 25, 26, 27, 30, 31, 34: The motion to compel further responses is GRANTED. Plaintiff has shown good cause for the discovery sought by the demands. The court overrules the objections, except the attorney‐client privilege and attorney work product objections to the communications referenced on...

Excerpt: ...or and could not move his body below his neck. He was transported to Defendant St. Francis Medical Center for treatment and medical care, where he allegedly received treatment from several physicians and surgeons, including Defendant David Razi, M.D. Plaintiffs allege that Dr. Razi's treatment of Mr. Ferguson fell below the standard of care and caused him injury, including permanent damage to his spinal cord, resulting in the loss of mobility. Mr...

Excerpt: ...use of action for unfair business practices and quiet title are SUSTAINED WITH LEAVE TO AMEND against the moving defendants only. Plaintiff has 20 days to amend. In the first amended complaint, Plaintiff Porfiro Zamora alleges that he is the rightful owner of real property located at 15319 California Avenue, Paramount, CA 90723. Plaintiff alleges that in October 2018, he was looking to borrow approximately $200,000 for an investment. A mutual fri...

Excerpt: ...demurrer to the seventh cause of action for breach of contract and the ninth cause of action for a violation of section 17200, et seq. of the Business Code. Cross‐complainant is allowed 20 days from notice of this order to amend. In the first amended cross‐complaint, Cross‐Complainant Global Logistical Connections, Inc. (“GLC”) asserts claims against Cross‐Defendants Snelling Staffing, LLC (“SSL”) and State Compensation Insurance ...

Excerpt: ...able dwelling and nuisance). Leave to amend is denied. Defendant is ordered to file an answer within 30 days of notice of this ruling. In the complaint, Plaintiffs Maria Guadalupe Avila, Jocelyn Avila and Javier Avila allege that they are tenants of a multiple‐unit apartment building owned and operated by Defendant Park Village Family Apartments LP. Plaintiffs further allege that the property was untenantable pursuant to Civil Code section 1941...

Excerpt: ...ther alleges that defendant entered into a written rental or lease agreement with Plaintiff's agent. Plaintiff further alleges, among other things, that Defendant was served with a three‐day notice to cure or quit, and that Defendant failed to comply with the requirements of the notice by its expiration. The notice was allegedly served on the Defendant by posting a copy on the premises and mailing a copy to defendant on the premises on December...

Excerpt: ...im Baksh dba Baksh Construction Company (“Baksh”) constructed a two‐unit income property on 97th Street in Los Angeles. On November 6, 2017, Baksh allegedly issued a warranty of completion of construction, in which Baksh allegedly warranted against all defects of equipment, materials and workmanship and agreed to remedy any defects for one year. In April and June of 2018, Plaintiff allegedly notified Baksh of major defects in the constructi...

Excerpt: ...purchase of various equipment, including three utility trailers. Plaintiff perfected a security interest in the vehicles. Defendant Tom Kim aka Tom Pongil Kim allegedly executed a personal guaranty of all of Defendant OT Truckline's obligations under the agreement. On or about November 15, 2019, Defendant OT Trucklines allegedly breached the terms of the agreement by missing payment. Plaintiff asserts claims for breach of written agreement agains...

Excerpt: ...hen employed by Defendant TAP Worldwide LLC d/b/a 4 Wheel Parts Performance Center. Plaintiff asserts claims under the Fair Employment and Housing Act, among others. Defendant has moved to compel arbitration, which Defendant opposes on the ground that, among other things, he never agreed to arbitration. Defendant now seeks limited discovery into issues relevant to the motion to compel arbitration. Specifically, Defendant seeks to compel Plaintiff...

Excerpt: ... Damien Cayetano. Plaintiff Daniel Cayetano is Orozco's husband and Plaintiff Esperanza Perez is Orozco's grandmother. Plaintiffs assert the following claims against the County: (1) professional negligence asserted by Plaintiff Orozco; (2) negligent hiring, training and supervision asserted by Plaintiff Orozco; (3) wrongful death asserted by Plaintiffs Orozco and Cayetano; (4) negligent infliction of emotional distress (bystander) asserted by all...

Excerpt: ...rent or quit on 2/5/2020, which notice demands back‐due rent in the amount of $10,900 for the period from August 1, 2019 to February 29, 2020, or $1,557.14 for 7 months. Defendant moves for summary judgment. EVIDENCE A. Defendant's Evidence Defendant presents a declaration stating that she moved into the premises at issue in this matter in 2016. At the time she moved in, there was another tenant living on the property and Defendant's share of t...

Excerpt: ...presentation and denied as to the other claims. Cross‐defendants have 30 days' leave to amend. The Nimmers did not demur to any other claim. In the cross‐complaint, Cross‐Complainant Harreld D. and Pauline E. Webster (“Websters”) allege that in February 2019, the Websters and Cross‐Defendants Devin and Hollie Nimmers (“Nimmerses”) entered into a residential purchase agreement dated February 14, 2019, whereby the Nimmerses agreed t...

Excerpt: ... costs. Plaintiff demands a jury trial. Defendant moves for a determination that a jury trial is not permitted in a PAGA action. Plaintiff opposes. “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution . . . .” Nationwide, supra, 9 Cal. 5th at 296‐97. There is no express statutory right to a jury trial in the PAGA Act. Instead, the language of the act makes cle...

Excerpt: ...he fourth cause of action for intentional infliction of emotional distress WITH LEAVE TO AMEND; and SUSTAINS the demurrer to the fifth cause of action for violation of the Unruh Act WITHOUT LEAVE TO AMEND. Plaintiff has 30 days to file an amended complaint. In the first amended complaint, Plaintiff ZN alleges the incident at issue in the lawsuit occurred when she was a second grade student at 116th Street Elementary, a school operated by Defendan...

Excerpt: ...ssories Inc. dba Luxe Linens, Dahlia Wexler, and Gary Wexler where Defendants agreed to pay Plaintiff a monthly rent of $11,717 for five years. Plaintiff alleges that it served a 3-day notice upon Defendants to pay rent owed in the amount of $61,028 or quit, and then the 3-day notice expired on 12/18/20. Plaintiff commenced this unlawful detainer action on 12/30/20. The complaint seeks recovery of past-due rent of $47,526.92, reasonable attorney ...

Excerpt: ... The requests for sanctions are denied. This is a breach of contract action. The First Amended Complaint alleges that Plaintiff, Prestige Development Corp., entered into a building construction contract with Defendants, Frank Harvey III and Krista S. Harvey, to build a car wash shell structure at Compton Car Studio Express Car Wash. The individual Harvey defendants and the Frank Harvey III and Krista S. Harvey Revocable Trust own the car wash. Pl...

Excerpt: ...ing, issue or evidentiary sanctions should Plaintiffs fail to comply fully with the court's October 20, 2020 order within 15 days of notice of this order. On October 20, 2020, the court granted Defendant Los Angeles County Metropolitan Transportation Authority's (“LACMTA”) motions to compel initial responses to the following written discovery: Special Interrogatories, Set One; Form Interrogatories, Sets One and Two; Requests for Production, S...

Excerpt: ...e court's order calls for the production of documents protected by the attorney client privilege or attorney work product doctrine, Defendant may withhold the document from the production and provide a privilege log. The parties are ordered to meet and confer regarding a stipulated protective order. Defendant is ordered to submit a proposed protective order within 7 days of the date of this order and to call the courtroom in Department A to infor...

Excerpt: ...iff Michael L. Whitfield, Sr. alleges that he was defamed by Defendants Aubrey Manuel, Donald Harris, Mable Harris, Norris Smith, Kathleen Powell, and Sam Stella. Plaintiff alleges that he was and is a member and pastor of the New True Faith Missionary Baptist Church. Defendants are alleged to have been officers or board members of the church. Plaintiff alleges that in the fall of 2017, Plaintiff discovered evidence of financial fraud that appear...

Excerpt: ...did not expressly request expungement of the lis pendens, the court declines to grant that relief at this time. A separate application must be made pursuant to Code of Civil Procedure section 405.30. I. ALLEGATIONS IN THE SECOND AMENDED COMPLAINT This action was filed in June 2017 against Defendant Bryon Lamont Halcromb only. The first amended complaint was filed February 22, 2019, and the summons issued in March 2019. The first amended complaint...