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: ... 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: ... 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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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...