Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ... Summary Adjudication as to RD Construction, Inc. TENTATIVE RULING Atkinson and Associates' Motions for Summary Adjudication are denied. Background Plaintiff filed the Complaint on September 3, 2019. Plaintiff alleges the following facts. This matter involves contractual and construction defect related claims arising from a multi- family development project located at or about 8740 La Tijera Blvd. (“Pr oject”) owned by 8740 La Tijera Blvd. LA...

Excerpt: ...Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. TENTATIVE RULING Janell Hendricksen, et al.'s Motion for Leave to File First Amended Complaint is granted. Conor Flynn and David William Terry's Applications to Appear as Counsel Pro Hac Vice for Plaintiffs Janell Hendricksen, et al. are denied without prejudice. Background Plaintiffs' Complaint was filed on March 20, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent, ...

Excerpt: ... the Complaint on March 24, 2023. Plaintiff alleges the following facts. Plaintiff was involved in a motor vehicle accident with Defendant. Motion for Leave to File Complaint in Intervention Code Civ. Proc., § 387(b) states: “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by doing any of the following: (1) Joining a plaintiff in claiming what is sought by the ...

Excerpt: ...wing facts. Defendant owes Plaintiff for legal services rendered. On July 13, 2023, Defendant filed a Cross-Complaint. Cross -Complainant alleged the following causes of action based on Cross - Defendant's representation of Cross-Complainant in the prior legal action: 1. Fraud; 2. Breach of Fiduciary Duty; 3. Breach of Contract; 4. Slander of Title; 5. Cancellation/Expungement of Lien and Quiet Title/Injunctive Relief. Meet and Confer Cross-Defen...

Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...

Excerpt: ...d with 20 days leave to amend, in part. McDonald's Corporation, et al.'s Motion to Strike Portions of Complaint is granted with 20 days leave to amend. Background Plaintiff filed the Complaint on December 6, 2023. While at McDonald's in Harbor City, Plaintiff K.J., a minor, was attacked by another patron of McDonald's. Plaintiff alleges the following causes of action. 1. Premises Liability 2. Negligence 3. Negligent Hiring, Training, Supervision ...

Excerpt: ...Fourth Amended Complaint is overruled. Farmers Insurance Exchange's Motion for Determination of Good Faith Settlement is granted. Background Plaintiffs filed the Complaint on February 26, 2021. Plaintiffs' First Amended Complaint was filed on July 15, 2022. Plaintiffs' Second Amended Complaint was filed on February 27, 2023. Plaintiffs' Third Amended Complaint (“TAC”) was filed on October 17, 2 023. Plaintiffs' Fourth Amended Complaint (“4A...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “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, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ... granted. Kenton Lane's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication is denied. Background Plaintiffs Christopher Leach and Daniel Cunningham filed their Complaint on July 6, 2020. Plaintiffs allege the following facts. Defendant Kenton Lane became a tenant in Plaintiffs' home. Defendant Lane is a marriage and family therapist. Defendant Lane pr ovided therapy services to Plaintiffs. However, Defendant Lane breached h...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...int on May 26, 2022. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff filed the instant Private Attorney General Act of 2004 ("PAGA") action on behalf of all current and former California- based hourly-paid or non -exempt employees of Defendant within the State of California. Plaintiff alleges the following violations: Failure to Pay Minimum and Overtime Wages; Failure to Provide Paid Sick Leav...

Excerpt: ...aintiff alleges that her 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach of...

Excerpt: ...acts. Plaintiffs' decedent, Jonathan Flagler, a firefighter, died while fighting a fire at 30751 Tarapaca Road Rancho Palos Verdes – a residence owned by Defendant Racisz . Plaintiffs allege causes of action for: 1. Wrongful Death; 2. Survival Action. Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl. Robert M. Juskie.) Request for Judicial Notice Defendant's request for judicia...

Excerpt: ...22, and the First Amended Complaint was filed on May 9, 2022. Plaintiff alleges the following facts. Plaintiff alleges that Defendant breached the contract wherein Defendant was required to service Plaintiff's propellers. Defendant filed a Cross -Complaint on June 30, 2022. Request for Judicial Notice Plaintiff's request for judicial notice is granted pursuant to Evidence Code § 452(d). Motion for Leave to Amend The court may, in furtherance of ...

Excerpt: ...on to Strike Portions of Complaint is denied, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' Complaint was filed on June 20, 2023. Plaintiffs allege the following facts. Defendant Kyle Bergstresser (“Bergstresser”) owns a home (856 Cypress Ave. Hermosa Beach, California) adjacent to Plaintiffs' home (852 Cypress Ave.). Plaintiffs, thro ugh misrepresentations of Defendants regarding the scope and completion t...

Excerpt: ...ffordable Multi -Family, LLC's Petition to Confirm Arbitration Award is granted. Baronet & Co., Inc.'s Petition to Vacate Arbitration Award is denied. Background Victorville/Desert Springs, L.P. and Affordable Multi- Family, LLC (“Petitioner”) filed the petition on November 15, 2023. The underlying dispute involved a settlement agreement in which petitioner was to make certain payments in exchange for respondent's d ismissal of three breach o...

Excerpt: ... Plaintiff alleges that his 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach...

Excerpt: ...ty of Torrance's Motion to Strike Portions of Third Amended Complaint is moot. Background Plaintiff's Complaint was filed on January 28, 2022. Plaintiff's Third Amended Complaint (“TAC”) was filed on July 12, 2023. Plaintiff alleges the following facts. Plaintiff is a firefighter paramedic for Defendant City of Torrance. In 2011, Plaintiff was diagnosed with a “physical disability, mental disability, or protected condition.” (TAC, ¶ 8.) ...

Excerpt: ...July 13, 2023, and the First Amended Complaint was filed on July 21, 2023. Plaintiff alleges the following facts. While a student at El Segundo Middle School, Plaintiff was groomed and sexually abused by a teacher beginning in 2001 through 2003. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligent Supervision and Retention; 3. Sexual Battery; 4. Sexual Harassment. Meet and Confer Defendant set forth a meet and confer decl...

Excerpt: ...ined with 20 days leave to amend, sustained without leave to amend, in part, and overruled, in part. Background Plaintiff's Complaint was filed on September 12, 2023. Plaintiff alleges the following facts. In September 2020, Plaintiff purchased real property commonly known as 8301 Wiley Post Ave., Los Angeles, CA 90045 (“8301 Wiley Post”). Plaintiff made a down paym ent of 25% of the purchasing price and obtained a loan for the balance with F...

Excerpt: ...end, in part, and overruled, in part. KLM, Inc., et al.'s Motion to Strike Portions of Second Amended Complaint is denied. Background Plaintiffs filed the Complaint on December 16, 2022, the First Amended Complaint was filed on March 24, 2023, and the Second Amended Complaint was filed on November 6, 2023. Plaintiffs allege the following facts. Plaintiffs retained Defendants to do work r egarding Plaintiffs' residential remodel project including ...

Excerpt: ...r employee of Defendants. Plaintiff was discriminated against based on a disability. Plaintiff was misclassified as an exempt employee. Plaintiff was not paid all required wages, including overtime pay. Plaintiff was not provided the required rest and meal breaks during his employment with Defendants. Plaintiff was not provided with accurate payroll records. Plaintiff was not compensated for using his cell phone and personal vehicle for the benef...

Excerpt: ...ATIVE RULING Janis Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, Individually, and Jan Wilson's Motion to Compel Further Responses to Special Interrogatories, Set One, from Jan Overman, as Co -Trustee are denied, in p art, and moot, in part. The Court notes that numerous other motions are scheduled for hearing on this date. However, pursuant to the stipulation filed on February 26, 2024, all ot...

Excerpt: .... Plaintiffs allege the following facts. Plaintiffs are tenants of a property located at 5408 W. 149th Pl. Unit #3 Hawthorne, California, 90250. The property suffers from numerous habitability problems inclu ding electrical issues, leaks, and mold. Plaintiffs allege the following causes of action: 1. Breach of Contract; 2. Breach of Implied Warranty of Habitability; 3. Refund for Security Deposit and Penalty for Bad Faith Retention; 4. Negligence...

Excerpt: ...and to Dismiss Action as to Artiano Appetizers, only is granted. Background Plaintiff filed the Complaint on January 24, 2019. Plaintiff alleges the following facts. This is a commercial unlawful detainer action. Motion to Set Aside Default CCP § 473(b) states, in relevant part: “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 ...

Excerpt: ...laintiff filed the Complaint- in-Interpleader on October 17, 2022. Plaintiff alleges the following facts. Plaintiff represented Pamela Hutchins in a motor vehicle injury action. Hutchins sought medical treatment. The medical providers provided services pur suant to a lien. Eventually, Hutchins' action settled for $250,000. Plaintiff filed the instant interpleader action and deposited all monies allocated to the medical providers with the Court. C...

Excerpt: ...omplaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. Code §§ 905 and 945; and Various California Statutes; 2. Liability P...

Excerpt: ...d Plaintiff filed the Complaint on July 13, 2023. Plaintiff alleges the following facts. Plaintiff leased property at 400 East Manchester Boulevard, Suite B, Inglewood, CA 90301 for her bail bond business. The property began to have a foul odor and flood. Th ere was also a broken window that Defendant refused to repair. Plaintiff repaired it herself. In retaliation for Plaintiff deducting the expenses of the repairs from the monthly rental amount...

Excerpt: ...Hospital, Inc.'s Motion to Strike Portions of Complaint is moot, in part, and granted with 20 days leave to amend. Background Plaintiff filed the Complaint on June 21, 2023. The only named Plaintiff is “Damian Eduardo Sarabia, an individual.” Plaintiff alleges the following facts. Plaintiff makes the following allegation: “Plaintiff, at all relevant times herein, was a minor male who was a patient/resident at the Del Amo Behavioral Health S...

Excerpt: ...d with 20 days leave to amend. Background Plaintiff's Complaint was filed on January 3, 2024. Plaintiff alleges the following facts. The Complaint is uncertain and nonsensical in many aspects. However, it appears that the allegations stem from luggage belonging to Plaintiff that Plaintiff contends went missing when it was in the care and custody of Orock Orock. As to the other two named Defendants, it appears that Plaintiff is alleging that these...

Excerpt: ...round Plaintiff filed the Complaint on June 30, 2023. Plaintiff alleges the following facts. Plaintiff fell from a wheelchair because Defendants failed to ensure safe transport from the airport terminal to the parking garage. Plaintiff alleges the following caus es of action: 1. Negligence 2. Negligent Hiring, Training, and Supervision 3. Premises Liability. Motion for Sanctions Pursuant to Code of Civil Procedure section 128.7, subdivision (a), ...

Excerpt: ...e following facts. Plaintiff was being transported by Defendant Westmed Ambulance. She was injured when her leg struck an object. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligence; 3. Medical Malpractice. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Lusine Arshakyan.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and ra...

Excerpt: ...lege the following facts. Plaintiffs allege that their 2016 Chrysler 300, which was manufactured and distributed by Defendant, suffers from widespread defects, including transmission and engine defects, and that Defendant has been unable to repair their vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehic...

Excerpt: ... Complaint on March 27, 2023. Plaintiff alleges the following facts. Plaintiff is a former employee of Defendant. Plaintiff alleges that she was subjected to discriminatory and retaliatory conduct based on her pregnancy status. Plaintiff alleges the following causes of action: 1. Sex and Pregnancy Discrimination in Violation of FEHA Cal. Gov. Code § 12945 2. Failure to Prevent Discrimination, Harassment, or Retaliation in Violation of FEHA Cal. ...

Excerpt: ... to Compel Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions TENTATIVE RULING Jamshied Pourtemour's Motions to Compel Peter Maginnis' and Stephanie Maginnis' Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Set One, and for Monetary Sanctions are deemed moot, in part, and granted, in part. ...

Excerpt: ...ce. Background Plaintiff filed his Complaint on June 11, 2019. Plaintiff was employed by O'Rourke Construction (“O'Rourke”), a subcontractor hired by the general contractor Defendant Beach House Design & Development (“Beach House”) for a construction project. On June 16, 2017, Plaintiff fell from a scaffold on the jobsite located at 1727 Monterey Boulevard, Hermosa Beach, California 90254. Plaintiff alleged a sole cause of action for Gene...

Excerpt: .... Plaintiffs allege that their 2017 Ford Explorer, which was manufactured and distributed by Defendant, suffers from widespread defects — including the power train defect — and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiffs further allege that Defendant knew that the vehicle suffered from the prevalent defects, but nevertheless refused to repurchase the vehicle—a wil lful violation of...

Excerpt: ... filed its Complaint on June 13, 2023. Plaintiff alleges the following facts. This is an action for recognition of a foreign money judgment pursuant to the California Uniform Foreign -Country Money Judgments Recognition Act (“Act”), CCP § 1713, et. seq. Plaintiff obtained six money judgments against Defendant in Singapore. The underlying dispute stemmed from Defendant's repudiatory breach of a contract for the sale of a Boeing 777 -212 aircr...

Excerpt: ...to Sever is denied without prejudice. Background Plaintiff filed the Complaint on April 11, 2023, and the First Amended Complaint was filed on May 15, 2023. Plaintiff alleges the following facts. On April 14, 2021, Plaintiff tripped and fell trying to board a Gardena Transit bus. On April 18, 2021, Plaintiff slipped and fell trying to exit a Gardena Transit bus. Plaintiff alleges the following causes of action: 1. Liability Pursuant to Cal. Gov. ...

Excerpt: ...on of Documents, Set One, and Request for Sanctions is moot, in part, granted, in part, and denied, in part. Background Plaintiff filed the Complaint on February 17, 2023. Plaintiff alleges the following facts. Plaintiff alleges that his 2020 Honda Accord suffers from defects in the computerized driver assistant safety systems. Plaintiff sets forth a cause of action under the Song -Beverly Act for Breach of Express Warranty as well as a cause of ...

Excerpt: ...aint 4. Runway Vista LLC's Motion to Strike Portions of Third Amended Complaint TENTATIVE RULING Beach Front Property Management, Inc.'s and Runway Vista LLC's Demurrers to Third Amended Complaint are sustained with 20 days leave to amend. Beach Front Property Management, Inc.'s and Runway Vista LLC's Motions to Strike Portions of Third Amended Complaint are moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiffs' C...

Excerpt: ...wartz's Motion for Protective Order TENTATIVE RULING Claudette Spinelli Schwartz's Demurrer to Complaint is overruled. Claudette Spinelli Schwartz's Motion to Strike Portions of Complaint is denied. Theodore G. Schwartz's Motion to Compel Defendant's Deposition is granted. Claudette Spinelli Schwartz's Motion for Protective Order is denied, in part, and granted, in part. Background Plaintiff filed the Complaint on September 14, 2023. Plaintiff al...

Excerpt: ... and sustained with 20 days leave to amend, in part. James Raack, et al.'s Motion to Strike Portions of First Amended Complaint is moot, in part, and denied, in part. Background Plaintiffs filed the Complaint on November 18, 2022. Plaintiffs' First Amended Complaint was filed on August 9, 2023. Plaintiffs allege the following facts. Plaintiffs are 25 percent owners of the partnership Westchester Triangle 8. The partnership owns commercial propert...

Excerpt: ... 3. Liberty Mutual Insurance Company's Demurrer to Third Amended Complaint 4. Liberty Insurance Corporation's Demurrer to Third Amended Complaint 5. Rainbow International of Buena Park and Mark Lingurar's Demurrer to Third Amended Complaint 6. Rainbow International of Buena Park and Mark Lingurar's Motion to Strike Portions of Third Amended Complaint 7. Rainbow International LLC's Demurrer to Third Amended Complaint 8. Rainbow International LLC's...

Excerpt: ...fficer Personnel Records (Pitchess) is granted. City of Torrance, et al.'s Motion to File Peace Officer Records Under Seal is granted. Background Plaintiff filed the Complaint on January 15, 2020. The Second Amended Complaint was filed on September 10, 2021. Plaintiff alleges the following facts. Plaintiff was employed as a police officer with the City of Torrance. Plaintiff was investigated for an arrest he made. Thereafter, he was improperly in...