Excerpt: ...iled. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an uninsured motorist action. Petitioner sustained injuries to her sternum and wrists in a car accident. Petitioner's claim proceeded to arbitration, in which the arbitrator awarded Petitioner damages in the amount of $189,000. Petitioner seeks an order confirming the arbitration award and an order awarding costs of proof on three requests for admissions. TENTATIVE RULING: Petition to ...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ...T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that his employer discriminated against him based on his religion and retaliated against him for complaining about being assaulted by a co-worker. Plaintiff moves to rescind a settlement agreement purportedly reached by the parties. TENTATIVE RULING: Plaintiff's Motion to Rescind Settlement Agreement is GRANTED. DISCUSSION: Plaintiff moves to re...

Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...

Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...

Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...

Excerpt: ...on action filed on January 23, 2024. Plaintiff alleges that she was denied accommodations for her medical condition and was terminated because she needed those accommodations. Defendant demurs to and moves to strike the eighth, ninth, and tenth causes of action in the Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Demurrer to Complaint Defendant demurs to the ei...

Excerpt: ...ion to compel arbitration that was filed on December 4, 2023. Petitioner seeks to compel arbitration of a grievance involving a firefighter whose probational promotion was revoked pursuant to a memorandum of understanding between the parties . TENTATIVE RULING: The Petition to Compel Arbitration is GRANTED . DISCUSSION: Petitioner seeks to compel arbitration of a grievance pursuant to a Memorandum of Understanding between the parties. Timeliness ...

Excerpt: ...an 2013 Family Trust; (2) Plaintiff Hollywood Lanai Apartments, LLC RESPONDING PARTY(S) : (1) Plaintiff Hollywood Lanai Apartments, LLC; (2) Defendant Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust; CASE HISTORY: • 09/13/22: Complaint filed. • 10/03/22: Case deemed related to 22STCV30055 Kabala v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case). • 01/12/24: R...

Excerpt: ...n that was filed on August 23, 2023. Plaintiff alleges that she was sexually harassed by a colleague and terminated in retaliation for her complaints and for requiring accommodations for a disa bility. Plaintiff moves to set aside a stipulation to arbitrate filed on December 12, 2023. TENTATIVE RULING: Plaintiff's Motion to Set Aside Stipulation to Arbitrate is GRANTED. DISCUSSION: Plaintiff moves to set aside a stipulation to arbitrate filed on ...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant Concord Farms, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant Concord Farms, Inc.'s Motion to Set Aside Default is DENIED. DISCUSSION: Defendant Concord Fa...

Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...

Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...

Excerpt: ...ry, LLC; (3) Specially Appearing Defendant Consentino Group, S.A. RESPONDING PARTY(S) : Defendant Dal-Tile Distribution, LLC, joined by C&C North America, Inc.; WilsonArt LLC; Best Cheer Stone, Inc.; Walker & Zangler, LLC; Surface Warehouse, L.P.; Cambria Company, LLC; Global Stone Trading, Inc.; LX Hausys America, Inc.; Elite Stone & Cabin et, Inc.; Home Depot USA, Inc.; Caesarstone USA, Inc.; Arizona Tile LLC; Francini, Inc.; Lilly Industries; ...

Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...

Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...

Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...

Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...

Excerpt: ...3: Complaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially A...

Excerpt: ...7: Appeal filed by Defendant Ralphs Grocery Co • 12/09/19: Remittitur received, reversing in part and remanding. • 09/19/23: Special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Following an appeal, the remaining claims are FEHA claims for failure to accommodate and engage in the interactive process and a defamation claim. Defendant moves to tax the memorandum of costs filed by Plaint...

Excerpt: ...ion that was filed on December 13, 2023. Plaintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Specially Appearing Defendant Kimball, Tirey, & St. John LLP moves to quash service of the summons and complaint. TENTATIVE RULING: Defendant Kimball, Tirey, & St. John, LLP's Motion to Quash Service of Summons is GRANTED. DISCUSSIO...

Excerpt: ...plaint filed. • 04/01/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive harassment by Defendant Gustavo Valencia while they were both employees at California State University Northridge. Defendant Board of Trustees of the California State University moves to dismiss the action against individual Defendant Gustavo Va...

Excerpt: ...ifornia, LLC CASE HISTORY : • 12/04/23: Complaint filed. STATEMEN T OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on December 4, 2023. Plaintiff alleges that he was denied accommodations and wrongfully terminated for taking medical leave for cancer treatment. Plaintiff moves to specially set this matter for trial pursuant to Code of Civil Procedure section 36(d). TENTATIVE RULING: Plaintiff's M...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on August 9, 2023. Plaintiff alleges that he was harassed and ultimately terminated for sustaining a work -related injury and requiring accommodations for his resulting disability. Defendants move to compel this matter to binding arbitration pursuant to an arbitration agreement. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. All fut...

Excerpt: ... PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant Amy Pham brings a renewed motion to require Plaintiff to furnish security as a vexatious litigant. TENTATIVE RULING: Defendant Amy Pham's Renewed Motion to Order Plaintiff to Furnish Security is DENIED. DISCUSSION: Defend...

Excerpt: ...ss-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Caesarstone Ltd moves to withdraw its ...

Excerpt: ...R PROCEEDINGS: This is an employment discrimination action that was filed on June 28, 2023. Plaintiff alleges that she was harassed and terminated based on her gender and a perceived disability. Defendant moves to compel further responses to Requests for Production and Special Interrogatories propounded to Plaintiff. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant's Motion to Compe...

Excerpt: ... derivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs bring a renewed motion for preliminary injunction seeking the removal of Defendant Egbert from control of both nominal Defendants and the appointment of David Moss or another qualified person as receiver to take control of the...

Excerpt: ...Amended Complaint filed. • 10/17/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered as to all Defendants with prejudice this date. DISCUSSION: Defendants move ...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action that was filed on December 6, 2021. Plaintiff seeks coverage for the loss of inventory destroyed by a fire while in the care of the insured non -party Pro -Com Products, Inc. Defendant Great Northern Ins. Co moves to compel further responses to requests for admissions and form interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to...

Excerpt: ... PROCEEDINGS: This is an action for breach of contract that was filed on December 14, 2023. Plaintiff alleges that Defendant, as the landlord of property leased by Plaintiff, refused to approve Plaintiff's request to install new playground equipment without adequate jus tification. Defendant specially moves to strike the Complaint in its entirety under Code of Civil Procedure section 425.16. TENTATIVE RULING: Defendant's Special Motion to Strike ...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant OSI Staffing, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant OSI Staffing, Inc.'s Motion to Set Aside Default is GRANTED. Defendant is ordered to file and ...

Excerpt: ... 04/03/23: Dismissal pursuant to settlement. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wage and hour action. Plaintiffs allege that they were not adequately compensated for overtime nor provided meal or rest breaks. Plaintiffs move to enforce a settlement agreement. TENTATIVE RULING: Plaintiffs' Motion to Enforce Settlement is GRANTED. Judgment is entered this date for Plaintiffs and against Defendant J.D. Meints in the amount of ...

Excerpt: ...24j that was filed on April 13, 2023. Plaintiff alleges that Defendant failed to properly disburse the proceeds from a Trustee's Sale. Defendant moves for leave to file a cross -complaint in interpleader. TENTATIVE RULING: Defendant's Motion for Leave to File Cross -Complaint in Interpleader is GRANTED. Defendant is ordered to file a clean, stand -alone copy of the proposed cross -complaint and deposit the disputed funds with the Court within 10 ...

Excerpt: ...mplaint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appear...

Excerpt: ...TEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez- Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appearing Defendant Stylenquaza, LLC moves to quash service of the summons and complaint for lack of personal jurisdiction. TENTATIVE RULING: Specially ...

Excerpt: ...of 3/20/24; (2) Defendant Benedict Sirimanne CASE HISTORY: • 09/12/22: Complaint filed. • 10/26/22: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This action involves a cancelled transaction to purchase a cargo aircraft, wherein the parties entered into a Cancellation Agreement and Plaintiff alleges that Defendants failed to repay a $5 million balance. Plaintiff asserts the following causes of actio n: (1) breach of c...

Excerpt: ...successor in interest to Robert E. Thacker CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. • 08/03/21: Third Amended Complaint filed. • 01/22/24: Judgment on special verdict entered. STATEMENT O...

Excerpt: ...8/24: Complaint in Intervention filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action. Plaintiff alleges that it subleased a commercial property from Defendants to operate a cannabis business. The property allegedly had serious structural and habitability defects which Defendants nei ther disclosed nor remedied. Plaintiffs further allege that Defendants subsequently locked Plaintiffs out ...

Excerpt: ...�� 06/01/21: First Amended Complaint filed • 11/23/21: Second Amended Complaint filed • 10/10/22: Third Amended Complaint filed. • 09/13/23: Judgment entered on summary judgment against Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action in which Plaintiff alleges discrimination, harassment, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealment arising from his employment w...

Excerpt: ...ARTY(S) : (1) Defendants Amazon.com Inc., Amazon.com Services LLC, and Prime Now, LLC; (2) Plaintiff Angelica Duarte STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action that was filed on November 20, 2021. Plaintiff alleges that she was harassed, penalized, and ultimately terminated for having a disability that caused her to miss work. Plaintiff moves to quash two third party subpoenas for business records ...

Excerpt: ...CEEDINGS: This is a petition to confirm an arbitration award on a contract dispute. Petitioner Director's Guild of America, Inc. petitions to confirm an arbitration award. TENTATIVE RULING: Petitioner Director's Guild of America, Inc. petitions to confirm an arbitration award against Respondent On Smoother Dirt Movie LLC. Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc. § 1285.) ...

Excerpt: .... Plaintiff alleges that Defendants agreed to finance Plaintiff's purchase of video equipment and defaulted on the payments set forth in the agreement. Plaintiff moves to strike the unverified answer of Defendant Shalita Ladson to the verified Complaint. TENTATIVE RULING: Plaintiff's Motion to Strike the Answer is GRANTED. Defendant Ladson's February 13, 2024 answer is also stricken as improper on the Court's own motion. Defendants shall have 20 ...

Excerpt: ...023. Plaintiff alleges that he purchased a 2020 Audi Q8 which subsequently manifested electrical, engine, and steering system defects. Defendant moves to compel Plaintiff's deposition, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Deposition is GRANTED. Plaintiff is ordered to appear for remote deposition by Defendant at a time of Defendant's choosing within 10 days of this order. Defendant's request for sanctions is GRANTED i...

Excerpt: ...DRNK Coffee + Tea Franchising, LLC; and (2) Thomas Nariman; Declaration filed on behalf of Plaintiffs Ryan Suavet, Laetitia Suavet Vinciguerra, and Think I Got It, LLC CASE HISTORY: · 01/29/20: Complaint filed. · 12/10/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiffs allege that Defendants breached a franchise agreement with Plaintiffs to open a coffee shop. ...

Excerpt: ...led to pay regular wages and overtime, and to provide meal and rest periods as required by law. Defendant Abel Orozco demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant Abel Orozco demurs to the Complaint in its entirety. On December 19, 2022, Defendant filed a demurrer contending that Plaintiffs' claims should be dismissed because (1) the action was subject to a bankruptcy stay in a bankruptcy proceeding concerning Next Stage E...

Excerpt: ...hin Patel, and Defendant Miguel Soltero CASE HISTORY: · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT ...

Excerpt: ...RY: • 03/23/22: Complaint filed. • 03/14/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for quiet title and injunctive relief. Plaintiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant U.S. Bank moves to dismiss for Plaintiff's failure to furnish security pursuant to the Court's May 24, 2023...

Excerpt: ...� 10/24/22: Complaint filed. • 08/04/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff contracted with Defendants to manage and operate a farm owned by Defendants. Plaintiff alleges that he was terminated in violation of the terms of his contract. Plaintiff moves to deem the truth of matters in requests for admissions, and for sanctions. TENTATIVE RULING: Plain...

Excerpt: ...DINGS: This is an employment discrimination action that was filed on November 20, 2021. Plaintiff alleges that she was harassed, penalized, and ultimately terminated for having a disability that caused her to miss work. Defendants move for summary judgment, or, in the alternative, summary adjudication of all causes of action. TENTATIVE RULING: Defendants' Motion for Summary Judgment is DENIED. Defendants' Motion for Summary Adjudication is GRANTE...

Excerpt: ...: Complaint filed. • 12/26/13: First Amended Complaint filed. • 07/30/14: Second Amended Complaint filed. • 05/19/15: Third Amended Complaint filed. • 06/06/16: Judgment of dismissal entered in favor of Defendants Wilshire Bank, James Hyojin Ahn, and Robert Ahn and against all Plaintiffs. • 12/03/18: Judgment of dismissal reversed as to Plaintiff Green Mutual Property & Investment Co.'s claims against Defendants Wilshire Bank, James Hyo...

Excerpt: ... of rent that was filed on September 19, 2023. Defendants move for judgment on the pleadings. TENTATIVE RULING: Defendants' Motion for Judgment on the Pleadings is GRANTED. Dismissal is entered this date as to all Defendants with prejudice. DISCUSSION: Defendants move for judgment on the pleadings. Legal Standard A motion for judgment on the pleadings is the functional equivalent to a general demurrer. ( Lance Camper Mfg. Corp. v. Republic Indemn...

Excerpt: ...rajas CASE HISTORY: • 04/18/23: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez -Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendants Elite Stone & Cabinet Inc. demurs to all causes of action and moves to strike portions of the Com...

Excerpt: ...& Management LLC; (2) Defendant 8210 Sunset, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action that was filed on January 12, 2024. Plaintiff alleges it subleased a commercial property from Defendants in order to operate a cannabis business. The property allegedly had serious structural and ha bitability defects which Defendants neither disclosed nor remedied. Plaintiffs further allege th...

Excerpt: ...TERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and habitability defect action filed on October 11, 2023. Plaintiffs allege Defendants refused to replace the roof of Plaintiff's condominium, causing extensive water damage and mold throughout the unit. Plaintiffs also allege Defendants improperly issued special assessments in violation of the operative covenants, conditions, and restrictions on the property, and retaliated against Pl...

Excerpt: ...p, Inc. CASE HISTORY: • 12/04/19: Complaint filed. • 12/11/19: The Ensign Group, Inc. substituted for The Flagstone Group, Inc. • 02/21/20: Third cause of action for willful misconduct dismissed with prejudice. • 12/04/20: First Amended Complaint filed. • 01/06/21: Second Amended Complaint filed. • 08/03/21: Third Amended Complaint filed. • 01/22/24: Judgment on special verdict entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS...

Excerpt: ...HISTORY: • 12/11/20: Complaint filed. • 04/26/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and fraud action. In its complaint, Plaintiff alleges that the Villegas Defendants retained Plaintiff to represent them in a potential lawsuit against the County of San Bernardino and then breached their retainer agreement with Plaintiff. Plaintiff also alleges that Defendant Desimone an...

Excerpt: ...loyment discrimination action that was filed on December 14, 2022. Plaintiff alleges that he was subjected to extensive harassment by his immediate supervisor throughout his employment, and that he was terminated for taking time off from work to recover from a shoulder injury. Defendant moves to compel further responses to special interrogatories, and for sanctions. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Special Inter...

Excerpt: ...y 27, 2022. Plaintiff alleges that Defendant breached the terms of a loan agreement by failing to make payments as required by its terms. Plaintiff moves for attorney's fees and costs. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees and Costs is GRANTED. DISCUSSION: Plaintiff moves for attorney's fees and costs. Entitlement to Fees Civil Code section 1717 provides, in relevant part: In any action on a contract, where the contract specifi...

Excerpt: ... filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya-Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Tri-Stone & Tile, Inc. demurs to the Complaint for ...

Excerpt: ... Eider Run property occurred before, during and after the negotiations with Plaintiffs that culminated in an alleged agreement on July 6, 2018 to sell their partnership interest to Plaintiffs. Defendants' parallel actions to secure a loan instead of performing on the sales agreement constitute evidence of their lack of intent to sell the partnership interest. Further, that Defendants allegedly forged a lease to give to Logix Credit Union and the ...

Excerpt: ... PROCEEDINGS: This is an action for fraud that was filed on October 30, 2020. Plaintiff alleges that he was the victim of a fraud scheme based in Nigeria. The Court issued an order to show cause re: proof of service on Defendants Kenneth and Paul Corkum in compliance with the Hague Service Convention. Plaintiff moves for an order for issuance of letters rogatory. TENTATIVE RULING: On December 18, 2023, the Court issued an Order to Show Cause rega...

Excerpt: ... Complaint filed. • 03/22/22: Second Amended Complaint filed. • 09/15/22: Third Amended Complaint filed. • 04/04/23: Default judgment against BLTN, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Defendant BLTN, Inc. moves to set aside the default and default judgment entered against it. TENTATIVE RULING: Defendant's Motion to Set Aside the Default and Default Judgment is DENIED. DISCUSSION: De...

Excerpt: ...0: Complaint filed in lead case • 06/14/21: First Amended Complaint filed in lead case. • 09/13/21: Second Amended Complaint filed in lead case. • 06/07/22: Complaint filed by Plaintiff Nancy Allen in this case • 05/24/23: First Amended Complaint filed by Plaintiff Nancy Allen in this case. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, fraud, product liability, and negligence arising from a defe...

Excerpt: ...aint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya-Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant M S Intern...

Excerpt: ...endant #1 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability defect action. Plaintiff leased an apartment from Defendants that she alleges contained toxic mold. Defendant Solimar Homeowner's Association moves to transfer this action to Orange County. TENTATIVE RULING: Defendant Solimar Homeowner's Association's Motion to Transfer Venue to Orange County is DENIED. DISCUSSION: Defendant Solimar Homeowner's Association moves to t...

Excerpt: ...RIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action filed on August 15, 2023. Plaintiff is an actress starring in a series of horror films who alleges that Defendants have not properly compensated her for the use of her likeness in merchandising pursuant to the terms of her employment agreement. Defendants move to compel this matter to binding arbitration pursuant to the terms of an arbitration agreement within the employment contr...

Excerpt: ...mended Complaint filed. • 07/14/21: Dismissal entered as to Connie M. Fickel and Tamar Yeghiayan. • 07/14/21: Dismissal entered as to Tristan Mullis as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Tom Ingrassia as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Pettit Kohn as to the third CoA for declaratory relief. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an acti...

Excerpt: ...PROCEEDINGS: This is an action for breach of contract filed on September 30, 2022. A First Amended Complaint was filed on July 25, 2023. Plaintiff alleges that Defendants have failed to pay money owed for the installation of HVAC equipment at a hospital facility owned and operated by Defendants. Defendants Alta Los Angeles Hospitals, Inc. and Prospect Medical Holdings, Inc. move for leave to file a compulsory cross-complaint. TENTATIVE RULING: De...

Excerpt: ... entered as to Platinum Motorsports, Inc. • 03/18/22: Default entered as to Top Speed, Inc. • 04/04/22: Default entered as to Hakop and Gevork Keshishyan • 03/30/23: Default Judgment entered. • 10/24/23: Amended Judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for forgery, conversion, and theft. Plaintiff alleges that Defendants forged her signature on a check from Plaintiff's vehicle insurance for repai...

Excerpt: ...laint filed.  12/04/23: Judgment entered on jury verdict. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for disability discrimination. Plaintiff alleges that Defendant demoted her and placed her on an unpaid leave of absence because of her disability which prevent her from working in the office full-time. Plaintiff moves for Judgment Notwithstanding the Verdict, or, in the alternative, for a new trial. TENTATIVE RULING: Pla...

Excerpt: ...aintiff alleges that Defendants are attempting to evict him from his rental unit under color of a judgment in an unlawful detainer action which Plaintiff contends is invalid. Plaintiff moves for a preliminary injunction restraining Defendants from removing Plaintiff or his belongings from the rental property pending the conclusion of this action. TENTATIVE RULING: Plaintiff's Motion for Preliminary Injunction is GRANTED. Defendants are enjoined f...

Excerpt: ... 03/12/19: Complaint in Intervention filed by Royal Thai Cuisine II  04/29/19: First Amended Complaint filed.  08/21/19: Second Amended Complaint filed.  04/07/20: Cross-Complaint filed by T-Team Investment  11/02/20: First Amended Cross-Complaint filed by T-Team Investment.  03/05/21: Second Amended Cross-Complaint filed by T-Team Investment.  06/30/22: Statement of Decision Rendered  10/11/22: Amended Statement of Decision ...

Excerpt: ...confusing and time-consuming under Evidence Code § 352. In Lowenthal v. Mortimer (1954) 125 Cal. App. 2d 636, 643, our Court of Appeal reversed a jury verdict in favor of defendant, based on an improper ruling allowing evidence on 15 prior lawsuits in which the plaintiff and her husband were involved. The appellate court ruled that these lawsuits were irrelevant to the issue of plaintiff's alleged negligence in the case that was tried, not proba...

Excerpt: ...ent its responses when new information comes into its possession. (Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1318–1319, 1328.) “[A]bsent unusual circumstances, such as repeated and egregious discovery abuses,” courts will not impose an evidentiary sanction for a failure to disclose unless there has been a “willful” failure to disclose. (Id., at p. 1327.) Here, there has been no showing that any of Defendant's discovery res...

Excerpt: ...ivative action that was filed on October 31, 2023. Plaintiffs allege that Defendants Bryce Egbert and Taisiia Popova conspired to raid the assets of a pair of LLCs in the business of cannabis oil manufacture. Plaintiffs move for an order (1) confirming a majority vote of stakeholders in nominal Defendant Deeper Dive LA, LLC for the removal of Defendant Egbert from control of both nominal Defendants and his replacement with Matthew Novello as mana...

Excerpt: ...EDINGS: This is an action for breach of contract, fraud, and elder abuse. Plaintiff alleges that Defendants failed to repay Plaintiff pursuant to the terms of a loan agreement. Plaintiff moves to specially set this action for trial pursuant to Code of Civil Procedure section 36(a). TENTATIVE RULING: Plaintiff's Motion for Trial Preference is GRANTED. Trial in this matter is set for Tuesday, May 14, 2024 at 10:00 AM pursuant to Code of Civil Proce...

Excerpt: ...laint filed.  12/18/23: Judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: The City of Los Angeles alleged that Defendant owes transient occupancy taxes totaling $1,349,359.74, including penalties and interest. Defendant moves for a stay of enforcement of the judgment under Code of Civil Procedure section 918. TENTATIVE RULING: Defendant moves for a stay of enforcement of the judgment under Code of Civil Procedure section 918. C...

Excerpt: ... seeking specific, general, and punitive damages and other relief for breach of fiduciary duty and conversion. Torres filed a First Amended Complaint on September 14, 2021, asserting the same claims with a prayer for the same damages. Saied answered and filed a Cross-Complaint on or about October 19, 2021. In his Cross- Complaint, Saied asserted claims for common counts, breach of contract, breach of fiduciary duty, promissory fraud, and declarat...

Excerpt: .... Plaintiff alleges that Defendants committed numerous errors in filing a trademark application on Plaintiff's behalf, including, inter alia, filing the mark under the wrong class. As a result, Plaintiff alleges that he was forced to settle a trademark infringement action against Nike, Inc. for less than would have otherwise been possible. Defendants Tommy SF Wang and Wang IP Law Group, P.C. demur to the Complaint in its entirety as barred by the...

Excerpt: ...� 1005(b)): NOT OK. Served by electronic service on October 5, 2023. No consent to electronic service filed by Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for intentional interference with contractual relations. Plaintiff alleges that Defendant interfered with a series of agreements for Plaintiff to act as agent for the sale of several pieces of real property. Defendant specially moves to strike the Complaint in i...

Excerpt: ...07/20/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and unjust enrichment. Plaintiffs allege that Defendants breached their obligations arising from a 2016 loan agreement to finance production of several film projects and a 2018 settlement agreement intended to resolve some of the disputes arising from those projects. Defendants Atmosphere Entertainment MM, Inc. and Mar...

Excerpt: ...rvices, LLC and Operational Technical Services, Inc. RESPONDING PARTY(S): No response on eCourt as of 01/11/24 CASE HISTORY:  02/07/23: Complaint filed [23STCV05100]  04/20/23: Complaint filed. [23STCV08810]  04/20/23: Complaint filed [23STCV08820]  08/29/23: Cases deemed related; 23STCV05100 designated as lead case.  01/08/24: Cross-Complaint filed [23STCV05100] STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: These are wage and ho...

Excerpt: ...NGS: This is a toxic tort action, filed on April 18, 2023, alleging that Plaintiff Melendez-Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Specially Appearing Defendant Consentino Group, S.A. moves to quash service of the summons and complaint for defective service, or, alternatively, lack of personal jurisdiction....

Excerpt: ...This is a fraud action filed on August 4, 2021. Plaintiff alleges that Defendants are engaged in a scheme to defraud homeowners, including Plaintiff, by inducing them to agree to predatory loans funded by California's PACE program and falsely promising that the loans could be used for home renovations and additions. Plaintiff moves to compel further responses to requests for production propounded to Defendant PACE Funding Group, and for sanctions...

Excerpt: ... Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on August 24, 2021. Plaintiffs allege that, on April 11, 2017, Plaintiffs purchased a new 2017 Honda Pilot which developed serious defects, including transmission problems. Plaintiffs have sued American Honda Motor Co., Inc., the manufacturer of the vehicle, under the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Plaintiffs move to compel furt...

Excerpt: ... action, filed on April 18, 2023, and alleging that Plaintiff Melendez-Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal-Tile Distribution, Inc. moves to strike portions of the Complaint. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED without leave to amend as to the allegation “[o]ther ston...

Excerpt: ...) Defendants 118 Wadsworth Avenue Homeowners Association; Carl Kubitz STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and habitability defect action that was filed on October 11, 2023. Plaintiffs allege that Defendants refused to replace the roof of Plaintiff's condominium, causing extensive water damage and mold throughout the unit. Plaintiffs allege that Defendants improperly issued special assessments in violation ...

Excerpt: ... Garcia, et al. (43 plaintiffs) CASE HISTORY:  01/25/23: Complaint filed.  04/25/23: Case deemed related to Case No. 23STCV02188. This case designated as lead case. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a habitability action filed on behalf of 43 Plaintiffs, consisting of 22 adults and 21 children across eight families. Plaintiffs, who are and were tenants at the Chesapeake Apartments, a residential apartment complex, alle...

Excerpt: ... PAGA action that was filed on January 28, 2022. Plaintiff alleges that Defendants have systematically underpaid its employees, failed to provide meal and rest breaks and overtime payments, failed to timely pay wages during employment and at the end of employment, and failed to reimburse business expenses. Plaintiff moves for an order (1) approving a proposed PAGA settlement; (2) appointing Phoenix Settlement Administrators as the settlement admi...

Excerpt: ...iled.  06/26/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and negligence case. Plaintiffs contend that Defendants failed to pay the entirety of Plaintiffs' insurance claims following the loss of their home in the Woolsey Fire, and mishandled Plaintiffs' insurance coverage. Plaintiffs move to compel further responses to two identical sets of Requests for Production propounded to...

Excerpt: ...PONDING PARTY(S): No response on eCourt as of 12/13/23 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on April 25, 2022. Plaintiff alleges that Defendants failed to perform according to the terms of a contract for services in connection with production of a film. Defendants move to compel further responses to form interrogatories propounded to Cross- Defendant Mansour Bennouna and to Plaintiff, and ...

Excerpt: ...nifer Rivas. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In her Complaint, filed on March 28, 2018, Plaintiff alleges that she was harassed and terminated based on her disability. The case was ordered to arbitration on August 15, 2018. Plaintiff petitions to confirm an arbitration award. Defendant petitions to vacate the arbitration award. TENTATIVE RULING: Plaintiff's Petition to Confirm the Arbitration Award is GRANTED. Defendant's Petition...

Excerpt: ...OCEEDINGS: This is a wage and hour action that was filed on April 20, 2023. Plaintiff alleges that she was misclassified as an exempt employee and paid a salary rather than hourly wages, and thus was deprived of overtime, minimum wages, indemnification for business expenses, wage and hour statements, and meal and rest periods. Plaintiff also alleges that she was terminated in retaliation for complaining about this treatment. Defendants move to st...

Excerpt: ...DINGS: This is a wage and hour action that was filed on April 20, 2023. Plaintiff alleges that she was misclassified as an exempt employee and paid a salary rather than hourly wages, and thus was deprived of overtime, minimum wages, indemnification for business expenses, wage and hour statements, and meal and rest periods. Plaintiff also alleges that she was terminated in retaliation for complaining about this treatment. Defendants move to strike...

Excerpt: ...EEDINGS: This is a wage and hour action that was filed on March 7, 2023. Plaintiff alleges that she was misclassified as an exempt employee and paid a salary rather than hourly wages, and thus was deprived of overtime, minimum wages, indemnification for business expenses, wage and hour statements, and meal and rest periods. Plaintiff also alleges that she was terminated in retaliation for complaining about this treatment. Defendants move to strik...

Excerpt: ...d Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a medical malpractice action. Plaintiff alleges that Defendant failed to adhere to the standard of care while performing cardiac surgery on Plaintiff in October of 2018. Defendant moves for summary judgment. TENTATIVE RULING: Defendant's Motion for Summary Judgment is GRANTED. DISCUSSION: Defendant moves for summary judgment on Plaintiff's claim for professional ne...

Excerpt: ...S: This is an action for disability discrimination and wage and hour violations. Plaintiff alleges that Defendants wrongfully terminated her for taking an extended medical leave of absence. Plaintiff moves for a protective order limiting Defendant TPX Communication's special interrogatories. TENTATIVE RULING: Plaintiff's Motion for Protective Order is DENIED. DISCUSSION: Plaintiff moves for a protective order limiting Defendant TPX Communication'...

Excerpt: ...l Krzemuski, as Trustee of the Violette Krzemuski AKA Violette Adamian 2013 Family Trust RESPONDING PARTY(S): Plaintiff George Adam Adamian, individually and as Trustee of the George Adamian Living Trust CASE HISTORY: · 09/12/22: Complaint filed. · 04/18/23: First Amended Complaint filed. · 09/08/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff alleges that Defendants i...