Excerpt: ...ing, opposition, and reply papers. RULING The motion is GRANTED. BACKGROUND On June 25, 2020, John Doe V.M. and John Doe R.M. filed a complaint against Does 1 to 50 for (1) battery, (2) sexual battery, (3) IIED, (4) negligence, (5) violation of Tom Bane Civil Rights Act, (6) violation of Unruh Civil Rights Act, (7) violation of Ralph Civil Rights Act of 1976, (8) gender violence, and (9) sexual harassment. On October 9, 2020, the court granted pl...

Excerpt: ...e motion is GRANTED. Plaintiff Amelia A. Yuhas is awarded $101,174 in reasonable attorney's fees as the prevailing party against defendants Gizmo Media LLC and Nayeem Ahmed Khan. BACKGROUND On February 15, 2019, plaintiffs Amelia A. Yuhas and Vincent C. Yuhas Jr. filed a complaint against Gizmo Media LLC and Nayeem Ahmed Khan for (1) breach of contract [against Gizmo only] and common counts – account stated [against both defendants]. Plaintiffs...

Excerpt: ...dgment is DENIED. BACKGROUND On March 15, 2021, plaintiffs Mariposa Commons, LLC and RH Mariposa Partners, LLC filed a complaint against 360Workhub, LLC and Zul Amat for (1) breach of lease, (2) breach of guaranty, and (3) declaratory relief. LEGAL AUTHORITY The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable...

Excerpt: ...November 9, 2021, Los Angeles Federal Credit Union filed a complaint against Teresa Marie Harmon for (1) breach of contract, (2) money lent, and (3) claim and delivery. On April 20, 2022, the court granted plaintiff's motion to deem admissions. LEGAL AUTHORITY CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of the following ...

Excerpt: ...ing and opposition papers. RULING The motion is GRANTED. The default entered on January 28, 2022 against Kwan Cheung is SET ASIDE and VACATED. The proof of service of summons filed on January 18, 2022 is QUASHED. Defendant's answer filed on May 27, 2022 is STRICKEN. Defendant's answer is deemed filed as of the hearing date. BACKGROUND On March 1, 2021, plaintiff Jesse Franklin Esphorst, ind. and as successor in interest to the estate of Jesse Eri...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. The court awards $449,750 in attorneys' fees in favor of plaintiffs and against defendant Amitiss Nasiri. BACKGROUND On February 1, 2018, plaintiffs Kenneth L. Creal and Kenneth L. Creal, an accountancy corporation filed a complaint against Amitiss Nasiri for libel based on a negative Yelp review. On March 2, 2018, Nasiri (self-represented) filed a cross...

Excerpt: ...dered to comply with CRC Rule 3.1324 to file a declaration in compliance with CCP §2015.5 to state “I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” Plaintiff is also ordered to have the notice, motion, and declaration served in compliance with CCP §1013 and to file a proof of service of the motion in compliance with CCP §1013a for the next hearing date. BACK...

Excerpt: ...s. The hearing was continued from May 11, 2022 to allow defendant to file an opposition. RULING The motion is GRANTED. Counsel are ordered to meet and confer as to available dates and times to depose plaintiff's experts. Plaintiff is ordered to make the experts available immediately for deposition. BACKGROUND On June 15, 2018, plaintiff Cassandra Lee Webster filed a complaint against Jennifer C. Chu, M.D. and Providence Little Company of Mary Med...

Excerpt: ...motion is GRANTED. BACKGROUND On August 17, 2020, plaintiff Michael Monsalve filed a complaint against Eric Edenholm, Jaynette “JJ” Denham, Zoey Air LLC, and Imports of Scottsdale LLC for (1) conversion, (2) fraud – intentional misrepresentation, and (3) fraud – false promise. On April 20, 2021, defense counsel was relieved as counsel. The court granted plaintiff's motions to compel discovery responses. On April 27, 2021, defense counsel ...

Excerpt: ...ving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff Amir Rad is ordered to appear for his deposition within seven days, either in person or remotely, as allowed under CCP §2025.310. The second deposition of plaintiff Amir Rad shall be solely on the subject of injuries he claims he has suffered are a result of his tenancy. BACKGROUND On October 2, 2017, Marhnaz Rad and Amir Rad filed a complaint against Salome L. Shek and ...

Excerpt: ...Information During Discovery Period The court considered the moving, opposition, and reply papers. RULING The motion is DENIED. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment quid pro quo, (2) hostile work environment harassment, (3) failure to pre...

Excerpt: ...ULING The motion is GRANTED. Plaintiff is ordered to file its FAC within five days. BACKGROUND On April 2, 2021, plaintiff The Montecito Apts Investment, LP filed a complaint against Dadson Laundry, Inc. for (1) breach of written contract, (2) breach of the implied covenant of good faith and fair dealing, (3) common counts, (4) violation of Bus. and Prof. Code §17200, et seq., (5) conversion, (6) Penal Code §496(a), (7) fraudulent concealment, ...

Excerpt: ...ition papers. RULING The demurrer is OVERRULED. Defendants are ordered to file an answer within ten days. BACKGROUND On March 1, 2022, plaintiffs Martin B. Canter, aka Matador Professional Services and Roselle Maria Clark, aka Rnqueen Nursing Consultants, Inc. (self-represented) filed a complaint against Ketan Patel, Jayshree Patel, aka Purview Hospice & Palliative Care, and aka Total Home Health, Inc. for (1) collection of monies, (2) deceptive ...

Excerpt: ...atories – Unlawful Detainer (3) Motion to Compel Responses to Special Interrogatories (4) Motion to Compel Responses to Requests for Production of Documents (5) Motion to Deem Requests for Admissions Admitted The court considered the moving and opposition papers. RULING The motions are DENIED as moot. The court orders that plaintiffs' attorney of record, Vincent Real, pay sanctions in the amount of $900 in total for the five motions, within 30 ...

Excerpt: ...elling Mental Examination of Plaintiff Hugo Aceves The court considered the moving, opposition, and reply papers. The court also considered oral argument at the hearing on May 10, 2022. RULING The motions are GRANTED. See order below. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent...

Excerpt: ...The hearing was continued from April 20, 2022 to allow plaintiff to file a supplemental declaration and supporting evidence. RULING The motion is GRANTED. BACKGROUND On November 23, 2020, plaintiff George West filed a complaint against defendant Silvercar, Inc. for civil penalties pursuant to Labor Code § 2699, et seq. for violations of the Labor Code. LEGAL AUTHORITY Labor Code §2699 states: “(a) Notwithstanding any other provision of law, a...

Excerpt: ...E. Plaintiff is ordered to file a notice of related case in each case and serve all parties in each case. BACKGROUND On December 14, 2021, plaintiff Paul Markley ind. and as Law Offices of Paul R. Markley filed a complaint against Don Weaver and Whole Foods Market California, Inc. dba Whole Foods Market for declaratory relief. On March 17, 2022, defendant Mrs. Gooch's Natural Food Markets, Inc. dba Whole Foods Market filed a cross-complaint. LEGA...

Excerpt: ...The hearing was continued from April 20, 2022 to allow plaintiff to file a supplemental declaration and supporting evidence. RULING The motion is GRANTED. BACKGROUND On November 23, 2020, plaintiff George West filed a complaint against defendant Silvercar, Inc. for civil penalties pursuant to Labor Code § 2699, et seq. for violations of the Labor Code. LEGAL AUTHORITY Labor Code §2699 states: “(a) Notwithstanding any other provision of law, a...

Excerpt: ...ent is GRANTED. BACKGROUND On December 16, 2021, plaintiff Upside Crenshaw Holding LLC filed an unlawful detainer complaint against Pegasus Trucking, LLC. On January 12, 2022, a default was entered against defendant. On January 31, 2022, a stipulation and order was filed setting aside the default. On May 4, 2022, defense counsel filed a motion to be relieved as counsel set for hearing on May 25, 2022. LEGAL AUTHORITY The purpose of a motion for s...

Excerpt: ...rty: Plaintiff Frank Martinez Motion to Expunge Lis Pendens The court considered the moving and opposition papers. The hearing was continued from April 14, 2022 to the herein date to allow plaintiff to file an opposition. RULING The motion to expunge lis pendens is GRANTED. Attorney's fees and costs are awarded against plaintiff Frank Martinez and in favor of defendant Jay Dharmasuriya in the sum of $2,950.00. BACKGROUND On April 26, 2021, plaint...

Excerpt: ... Motion for an Order that Requests Be Deemed Admitted (Set Four) The court considered the moving, opposition, and reply papers. RULING The motions are MOOT. The court orders defendant Tung Ming to pay sanctions to plaintiff in the amount of $930, within 30 days. BACKGROUND On March 1, 2021, plaintiff Jesse Franklin Esphorst, ind. and as successor in interest to the estate of Jesse Eric Esphorst for Uniform Voidable Transactions Act. On April 14, ...

Excerpt: ...elling Mental Examination of Plaintiff Hugo Aceves The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED. See order below. BACKGROUND On June 12, 2020, plaintiffs Davon Dean, Hugo Aceves, and Juan Abel Gomez filed a complaint against Lennox School District, Estate of Kent Taylor, deceased, and Janet Taylor, successor in interest of Kent Taylor for (1) sexual harassment quid pro quo, (2) hostile work environ...

Excerpt: ...D IN PART. The court orders that the date of BRP' PMK's deposition is June 17, 2022, at 10 AM at the offices of Defense counsel and that the deposition shall not be continued or changed unless both counsel agree in writing to commit to a continued date certain. BACKGROUND On March 12, 2020, plaintiff South Bay Credit Union filed a complaint against Citibank US NA dba BRP Credit Card and BRP US Inc. for (1) breach of agreement, (2) conversion, and...

Excerpt: ...) Motion to Compel Responses to Requests for Production, Set One (4) Motion to Compel Responses to Requests for Admission, Set One The court considered the moving papers. No opposition was filed. RULING The motions to compel are GRANTED. Plaintiff Robert Davis is ordered to respond without objections to defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Admission, Set One, within 20 days. Plaintiff is or...

Excerpt: ... 2, 2021, plaintiff Lori Phillips filed an unlawful detainer complaint against Tom Carrico. LEGAL AUTHORITY The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. Code of Civil Procedure (“CC...