Excerpt: ...y will be offering by stipulation or otherwise and the witnesses whose testimony will be offered at trial by videotaped deposition or live, no later than by noon on April 5, 2022 – the day before the Final Status Conference. As Plaintiffs argue in their supplemental briefing, the kind of evidence Plaintiffs reference in their Compendium of Evidence may be admissible to corroborate Plaintiff Page's allegations that he was subjected to sexual har...

Excerpt: ...20. Plaintiff alleges that she leased a new 2020 Mercedes-Benz A220 that developed serious defects, including various engine, electrical, and structural defects. Plaintiff moves to lift the stay and reinstate this case, vacating the Court's previous order compelling arbitration and staying the action. TENTATIVE RULING: Plaintiff Stephanie Trujillo's motion to lift the stay and reinstate the case is GRANTED. The Court's October 6, 2021 order compe...

Excerpt: ...r, David, Dahn, and Austin Dahn STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual fraud action. In the operative Second Amended Complaint, Plaintiffs allege that they contracted with Defendants to help them have children via a surrogate with specific characteristics known to increase the chances for a successful surrogacy, but Defendants concealed their surrogate's health problems and falsely represented she was free of any he...

Excerpt: ... contract action filed on November 23, 2021. Plaintiff sued Carlos VanNatter as the Director of the Housing Authority of the City of Los Angeles (HACLA) alleging that HACLA breached a contract with him by terminating his Section 8 Housing subsidy. Plaintiff sought ex parte relief in the form of an order that HACLA continue lease payments. The matter was set for a separate hearing with briefing permitted by the opposing party and a reply, if neede...

Excerpt: ...fendant has identified no expert or lay testimony sought to be excluded. Nor has it been shown that expert designations were ever demanded in this case pursuant to CCP § 2034.210. Defendants' MIL #3 – to exclude evidence or argument about any medical billing amounts that were provided on a lien basis from any health care provider. RULING: DENIED, the medical bills provided to Plaintiff and the amounts on those bills are relevant even if the se...

Excerpt: ...s, Lincenberg & Rhow, P.C. and Benjamin Gluck RESPONDING PARTY(S): No opposition on eCourt as of March 24, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that the lawyer Defendants made misrepresentations to it so that it would pay them $600,000 to provide services to another of their clients, Paul Turley. Defendants move for terminating sanctions or, in the alternative, evidentiary and monetary sanctions. TENTATIVE RULIN...

Excerpt: ...enenberg, M.D. (2) (3) Defendant Cedars-Sinai Medical Center RESPONDING PARTY(S): (1) (2) (3) Plaintiff Agostino Vaccaro STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for medical malpractice, negligent hiring, lack of informed consent, elder abuse, and negligence. Plaintiff alleges that Defendants left a foreign object in his knee following right knee arthroplasty revision surgery, resulting in numerous surgeries and revisions...

Excerpt: ...fendant ASMB, LLC d/b/a Berkely East Healthcare Center. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death case. Plaintiff Antoinette Anton was admitted to Berkley East Convalescent Hospital for dementia and generalized weakness. Plaintiffs allege that Defendants failed to provide necessary basic care, leading to Antoinette Anton suffering multiple falls, a fractured left hip, multiple infections, and dehydr...

Excerpt: ... their initial August 11, 2020 Complaint and their December 20, 2020 First Amended Complaint, Plaintiffs Albert Pogosyan and Marina Avetisyan Seward alleged breach of contract, negligence, fraud, and negligent misrepresentation against numerous individuals and corporate entities. Defendants Cal Land Engineering d/b/a Quartech Consultants and Jack Chien-Sheng Lee move for judgment on the pleadings as to the First Amended Complaint. TENTATIVE RULIN...

Excerpt: ...'S MOTION SEEKING ORDER DEEMING ADMITTED CERTAIN FACTS AND GENUINENESS OF DOCUMENTS MOVING PARTY: (1) Defendant Robert Knight; (2)-(4) Plaintiff Ron Kari RESPONDING PARTY(S): (1) Plaintiff Ron Kari; (2)-(4) Defendant Robert Knight. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for wrongful eviction. Plaintiff is suing Defendants Robert Knight and Band J. Builders for breach of the warranty of habitability, breach of the rental...

Excerpt: ...izon Technologies, Inc., Defendant and Cross-Complainant Superior Herbal Health, LLC d/b/a The Clinik LA. CASE HISTORY: • 01/08/21: Complaint filed. • 02/23/21: Cross-Complaint filed by Superior Herbal Health d/b/a The Clinik LA against Eaze Technologies, Inc. • 12/07/21: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, open book account, and goods sold and delive...

Excerpt: ...21 (CCP § 1005(b)): Yes. Served by email on February 23, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on February 16, 2021, with a First Amended Complaint submitted on June 22, 2021. Plaintiff moves for leave to file a Second Amended Complaint (2AC). TENTATIVE RULING: Plaintiff's motion for leave to file a second amended complaint is GRANTED. DISCUSSION: Motion for Leave to File Second Amen...

Excerpt: ...�� 08/12/20: Second Amended Complaint filed. • 11/09/20: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 28, 2019, plaintiff Ana Liza Filio (“Plaintiff”) filed her Complaint in this action, and on November 9, 2020, filed here Third Amended Complaint (“TAC”) against defendant Newrez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing (also erroneously sued as Shellpoint Mortgage, LL...

Excerpt: ...plaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff corporation alleges that Defendants embezzled from the corporation. Plaintiff moves to enforce a settlement agreement entered into by the parties on January 28, 2021. TENTATIVE RULING: Plaintiff's motion to enforce settlement is CONTINUED to May 23, 2022. The parties are ordered to return to mediation to resolve this dispute pursuant to the terms of the settlement agreement. ...

Excerpt: ...terest Megan Anton RESPONDING PARTY(S): Defendant ASMB, LLC d/b/a Berkely East Healthcare Center. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse and wrongful death case filed on January 7, 2021. Plaintiff Antoinette Anton was admitted to Berkley East Convalescent Hospital for dementia and generalized weakness. Plaintiffs allege that Defendants failed to provide necessary basic care, leading to Antoinette Anton suffering mu...

Excerpt: ...STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 28, 2019, plaintiff Ana Liza Filio (“Plaintiff”) filed her Complaint in this action, and on November 9, 2020, filed here Third Amended Complaint (“TAC”) against defendant Newrez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing (also erroneously sued as Shellpoint Mortgage, LLC) (hereinafter “Defendant”), among others. Plaintiff asserts the following eight caus...

Excerpt: ...21 (CCP § 1005(b)): OK. Served by personal service on Respondent Rudy Langlais on August 2, 2021. Served by personal service on Defendant Filmworks Content, LLC's agent for service on August 20, 2021. Additional documents also served by mail on October 26, 2021. Notice of continued hearing date also served by mail on November 8, 2021. CASE HISTORY: • 07/21/21: Petition To Confirm Arbitration Award filed. STATEMENT OF MATERIAL FACTS AND/OR PROC...

Excerpt: ...o specific documents or records identified or shown to have been withheld during discovery. The Court cannot grant these MILs because they fail to identify any specific evidence, testimony, witnesses or documents sought to be excluded. Nor has Plaintiff shown that specific evidence was sought and withheld during discovery. In general, a party who has responded to formal written discovery has no affirmative duty to supplement its responses when ne...

Excerpt: ...Completed” in the Payment Certifications. TENTATIVE: Granted in part and denied in part. The Court grants the MIL as to the public disclosure bar as it is an issue for the Court to resolve and should not be addressed at trial. Further, Defendant has provided no basis for dismissal in the face of LA Metro's clear opposition to the motion. (Govt. Code § 12652(d)(3).) The Court denies the MIL with respect to factual issues as to which the Court f...

Excerpt: ...st RESPONDING PARTY(S): No opposition on eCourt as of March 8, 2022. PROOF OF SERVICE: • Correct Address: Yes. • 16/21 (CCP § 1005(b)): OK. Served by email on February 14, 2022. CASE HISTORY: • 02/14/20: Complaint filed. • 02/25/21: First Amended Complaint filed. • 10/05/21: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiff claims one-fourth of the estate of h...

Excerpt: ...7/20: Petition to Quash Service of Subpoena and Protective Order filed. • 01/13/21: Petition to Quash Service of Subpoena and Protective Order Granted • 03/19/21: Petition of Judgment Creditors for Order Directing Compliance with Deposition Subpoena and Subpoena for Production of Business Records filed. • 04/19/21: Petition granted in part. • 02/09/22: Second Petition of Judgment Creditors for Order Directing Compliance with Subpoena file...

Excerpt: ...as to Defendant Urth Caffe Corporation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action for various Labor Code violations. Plaintiff now moves for leave to file a First Amended Complaint (“FAC”). TENTATIVE RULING: Accordingly, Plaintiff's motion for leave to file a first amended complaint is GRANTED subject to the limitation that claims alleging health and safety violations under Labor Code §6400 et seq shall be limited...

Excerpt: ... Valley Residential Development, LLC and Steven Goldstein as to Forward Calabasas, Inc., Keller Williams Realty Calabasas, and Jordan Davies • 12/16/21 Cross-Complaint filed by Forward Calabasas, Inc., Keller Williams Realty Calabasas, and Jordan Davies as to Antelope Valley Residential Development, LLC and Steven Goldstein STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants intentionally misrepresented and conceal...

Excerpt: ... as to Defendant Nicole Ann Nunez-Castro on the complaint.  09/23/20: First Amended Complaint filed.  11/05/20: Default vacated as to Nicole Ann Nunez-Castro.  11/05/20: Answer filed by Nicole Ann Nunez-Castro.  11/05/20: Minute Order indicates that Defendant Ricardo Castro is deceased.  04/09/21: First Amended Complaint improperly served on Ricardo Castro by mail.  06/11/21: Proof of substituted service on Ricardo Castro filed....

Excerpt: ...ress contract, breach of an implied in fact contract, and fraudulent misrepresentation, and seeking to quiet title and establish a constructive trust, and requesting declaratory relief. Plaintiff alleges that, after beginning a romantic relationship with Defendant, the parties entered into an oral contract in 2015 in which Plaintiff agreed to act as Defendant's companion, confidante, advisor, helpmate, and partner, and care for Defendant's person...

Excerpt: ...action claims filed. • 03/03/20 First Amended Complaint Filed • 11/30/21 Second Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Tawajanae Stevenson filed a complaint on October 11, 2019 against Defendant Mother's Nutritional Center, Inc., alleging unfair competition, failure to pay overtime wages, failure to provide required rest periods, failure to provide accurate itemized wage statements, failure to provid...

Excerpt: ...Doe 1; Gabriel Perez substituted in as Doe 2 in a caption purporting to identify Doe 1 only. • 04/18/19: Finance of America Commercial, LLC purportedly substituted in as Doe 1 in a document with a caption purporting to identify Doe 2. • 04/23/19: Errata filed indicating that Finance of America Commercial, LLC is substituted in as Doe 3. • 05/03/19: First Amended Complaint filed. • 06/07/19: Macoy Capital Partners, Inc. substituted in as D...

Excerpt: .../OR PROCEEDINGS: In his June 16, 2020 complaint, Plaintiff alleges several Labor Code violations against his former employer and its CEO. Plaintiff moves to amend the complaint. TENTATIVE RULING: Plaintiff's motion for leave to amend complaint is GRANTED. Plaintiff is to file a stand-alone copy of the first amended complaint on the date of this order. The first amended complaint shall be deemed served as of the date of this order. Defendants are ...

Excerpt: .... (80 days from hearing date) CASE HISTORY: • 02/15/12: Complaint filed. • 03/01/12: First Amended Complaint filed. • 08/29/12: Los Angeles County Sheriff's Department substituted in as Doe 1. • 02/27/13: Second Amended Complaint filed. • 03/28/13: Order granting motion to expunge lis pendens entered. • 07/01/13: Notice of appeal filed. • 10/07/13: Third Amended Complaint filed. • 04/21/15: Remittitur filed. • 03/16/16: Tiffany ...

Excerpt: ...P. CASE HISTORY: • 02/08/21: Complaint filed. • 06/25/21: Cross-Complaint filed by Defendant 901 South Broadway, LP. • 01/13/22: Appeal filed by Defendant 901 South Broadway, LP. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff rented an apartment in Defendants' building. She alleges that the building's security guard physically attacked her, which caused her to suffer from PTSD, and that Defendants refused to rent her a parking sp...

Excerpt: ...N FIRST SET OF REQUESTS FOR ADMISSIONS; AND FOR SANCTIONS MOVING PARTY: Defendant Pamela Tierney, individually and as trustee of the Hubba Bubba Trust RESPONDING PARTY(S): No opposition on eCourt as of February 22, 2022. CASE HISTORY: • 02/14/20: Complaint filed. • 02/25/21: First Amended Complaint filed. • 10/05/21: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintif...

Excerpt: ...Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant, an attorney, engaged in abuse of process by excessively attaching Plaintiff's assets based on legal fees he claims he was owed. Defendant moves to strike the first amended complaint under CCP § 425.16. TENTATIVE RULING: Defendant's special motion to strike the first amended complaint is GRANTED. DISCUSSION: Special Motion To Strike Timeline...

Excerpt: ...on January 10, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS This was a lemon law action involving the lease of an allegedly defective Mercedes-Benz SL450R. Plaintiff moves to enforce the parties' settlement. TENTATIVE RULING: Plaintiff's motion to enforce settlement is GRANTED. Judgment is entered upon the settlement in the amount of $83,816.34. Defendant Mercedes-Benz USA, LLC is also ordered to confirm, within 10 days of the date of thi...

Excerpt: ...se. In his First Amended Complaint, Plaintiff alleges that the 2017 Kia Forte he purchased in 2017 had powertrain system defects, including engine and transmission defects. The Court previously sustained Defendant's demurrer to the complaint with leave to amend as to the third cause of action. Defendant now demurs to the third cause of action in the first amended complaint. TENTATIVE RULING: Defendant's demurrer is OVERRULED. DISCUSSION: Demurrer...

Excerpt: ...missals and defaults): • 02/05/15: Complaint filed. • 05/18/16: First Amended Complaint filed. • 05/12/17: Second Amended Complaint filed. • 06/28/17: Cross-Complaint filed by United Refrigeration, Inc. • 09/12/17: Third Amended Complaint filed. • 04/24/18: Cross-Complaint filed by Geosystems, Inc. • 03/05/21: Default judgments entered as to Defendants GeoBar, Inc., Ruben Aguilar, Antonio Reyes, Emilio Escalante, Rodolfo Lazaro, Sur...

Excerpt: ...D/OR PROCEEDINGS: Plaintiffs, a podiatrist and an ENT doctor, filed a complaint on July 2, 2021 alleging they were orally expelled from membership in Defendant Avanguard Surgery Center without receiving a written buyout notice, contrary to the terms of Avanguard's operating agreement. Defendants Avanguard and Gary Bellman, the manager of Avanguard, demur to the complaint. TENTATIVE RULING: Defendants Avanguard Surgery Center, LLC and Gary Bellman...

Excerpt: ... by email on January 7, 2022. CASE HISTORY:  11/30/20: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action that includes a PAGA claim. Plaintiff was employed by Defendant Cali-Fame as a general laborer. Plaintiff alleges that he and other employees were denied meal and rest periods and that Defendant engaged in other Labor Code violations. He also alleges that Defendant Brian Kennedy harassed ...

Excerpt: ...C (separate oppositions) CASE HISTORY: • 04/12/19: Complaint filed. • 04/15/19: Amended notice of lis pendens filed. • 04/16/19: GNP Enterprise, LLC substituted in as Doe 1; Gabriel Perez substituted in as Doe 2 in a caption purporting to identify Doe 1 only. • 04/18/19: Finance of America Commercial, LLC purportedly substituted in as Doe 1 in a document with a caption purporting to identify Doe 2. • 04/23/19: Errata filed indicating th...

Excerpt: ...termination case filed on December 8, 2020. Plaintiff alleges disability and age discrimination, retaliation, and related claims. Defendant moves to compel an independent mental examination of Plaintiff. TENTATIVE RULING: Defendant Performance Engineered Products, Inc.'s motion to compel the mental examination of Plaintiff is GRANTED IN PART. The Court will permit Dr. Judy Ho to examine Plaintiff remotely via videoconferencing on February 24, 202...

Excerpt: ...ffs alleges violations of the Song-Beverly Act and fraudulent inducement/concealment in connection with his purchase of a 2016 Dodge RAM 2500 (the “vehicle”). Plaintiff moves to compel further responses to requests for production of documents and for sanctions. FINAL RULING: Plaintiff's motion to compel further responses to requests for production of documents, set eight, from Defendant Rockport Administrative Services, LLC is DENIED as to Re...

Excerpt: ...t filed. • 05/26/21: First Amended 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/O...

Excerpt: ... (1) No opposition on eCourt as of February 1, 2022. (2) Plaintiff/Cross-Defendant Sheldon Widuch PROOF OF SERVICE:  Correct Address: (1)-(2) Yes.  16/21/26 (CCP § 1005(b)): (1)-(2) OK (by email). Served by mail and email on January 6, 2022 (although the typed part of each proof of service states that it was served on December 14, 2021, and presumably Defendants did serve the motion for sanctions then to comply with the “safe harbor” p...

Excerpt: ...have violated Proposition 65 by selling consumer products (organic beet chips) containing cadmium without an adequate warning. Plaintiff moves to approve and enter a consent judgment between Plaintiff and Defendant Rhythm Superfoods, LLC. TENTATIVE RULING: Plaintiff's motion to approve and enter consent judgment between Plaintiff Tamar Kaloustian and Defendant Rhythm Superfoods, LLC is CONTINUED to March 2, 2022, at 9:00 a.m. Plaintiff is to file...

Excerpt: ...tively on behalf of 123 Los Robles, LLC CASE HISTORY: • 12/23/15: Complaint filed. • 07/08/16: First Amended Complaint filed. • 08/24/16: 105 LR, LLC substituted in as Doe 41 and Doe 44. • 09/01/16: 105 LR, LLC substituted in as Doe 47. • 09/01/16: Second Amended Complaint filed. • 09/19/16: Case stayed pending hearing on motion to compel arbitration. • 02/16/17: Stay lifted and case referred to referee. • 11/22/17: Twelfth, thirt...

Excerpt: ...TORY: • 07/27/18: Complaint filed. • 07/27/18: Cross-Complaint filed. • 12/10/18: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contract dispute in which Plaintiff alleges that it took possession of Defendant's vehicle after he defaulted on his vehicle loan and sold it, leaving a balance due of $9,401.41. Defendant filed a cross-complaint alleging that Plaintiff's actions, including reporting...

Excerpt: ...ongful death action that was filed on December 13, 2019 against Defendants Berkley Valley Convalescent Hospital, Inc., and Kaiser Foundation Hospital. Plaintiff Barbara Rock-Lewis's successor in interest alleges that Defendants committed elder abuse while she was an inpatient at the Defendant facility. Defendant Berkley Valley Convalescent Hospital, Inc. applies for a determination by this Court that its settlement with Plaintiff was entered into...

Excerpt: ... OK. The authorized agent for service of process for Respondent Fidelity Builders and Design, Inc. was personally served, as required by the applicable statute, on January 4, 2022. CASE HISTORY: • 12/20/21: Petition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Petitioner owns real property in Los Angeles. Respondent Fidelity Builders and Design, Inc. claims a mechanic's lien on the property. Respondent has refused to execute a release...

Excerpt: ...t appear in it outside of the circumstances under which a special appearance is allowed). (2) Plaintiff Lauren Moriah Castro. RESPONDING PARTY(S): (1)-(2) No response on eCourt as of January 18, 2022. PROOF OF SERVICE: • Correct Address: (1)-(2) Yes. • 16/21 (CCP § 1005(b)): (1)-(2) Yes. Served by mail and email on December 21, 2021. CASE HISTORY: • 01/21/20: Complaint filed. • 04/28/20: Default entered as to Defendant Nicole Ann Nunez-C...

Excerpt: ...eCourt as of January 13, 2022. PROOF OF SERVICE: • Correct Address: Yes. • 16/21 (CCP § 1005(b)): OK. Served by email on December 21, 2021. CASE HISTORY: • 04/02/19: Complaint filed. • 09/20/19: First Amended Complaint filed. • 01/26/21: Cross Complaint filed by AdSupply, Inc. and Justin Bunnell. • 07/22/21: Dismissal entered as to Defendants AdSupply, Inc. and Justin Bunnell. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff...

Excerpt: ... violated Proposition 65 by selling consumer products containing toxic chemicals. Plaintiff moves to approve and enter a consent judgment between Plaintiff and Defendant TJX Companies, Inc. On December 15, 2021, this matter was previously heard, and questions arose concerning the reasonableness of the penalty amount. Given this concern, the Court instructed the parties to submit a supplemental declaration by January 11, 2022. TENTATIVE RULING: Pl...