Excerpt: ...mployment discrimination that was filed on January 16, 2020. Plaintiff alleges that she was subjected to extensive discrimination over a period of more than 30 years based on her national origin, gender, age, and disability. Plaintiff pursued the same claims within the Civil Service Commission which denied her claim. Plaintiff then filed an appeal of the denial to the Civil Service Commission on April 7, 2021. The hearing on the appeal is pending...

Excerpt: ...2/05/21: Second Amended Complaint filed.  04/12/21: Third Amended Complaint filed.  01/17/23: Fourth Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that they were peacefully protesting outside Defendants' home when Defendants conspired to compel them to leave by having Defendant David Lacey threaten Plaintiffs with a handgun when they rang Defendants' doorbell. Plaintiffs also allege that Defendan...

Excerpt: ...� 10/13/21: Answer filed.  2/21/23: Plaintiffs' instant motion for judgment on the pleadings filed.  03/17/23: Defendants filed amended answer. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action, filed on January 27, 2021, for breach of a rental lease contract, breach of the implied warranty of habitability, fraud, and negligence. Plaintiffs move for judgment on the pleadings on defendant's amended answer. TENTATIVE RULING: P...

Excerpt: ...mployment discrimination that was filed on January 16, 2020. Plaintiff alleges that she was subjected to extensive discrimination over a period of more than 30 years based on her national origin, gender, age, and disability. Plaintiff pursued the same claims within the Civil Service Commission which denied her claim. Plaintiff then filed an appeal of the denial to the Civil Service Commission on April 7, 2021. The hearing on the appeal is pending...

Excerpt: ..., 2022. Plaintiffs Surgical Needs, LLC (Surgical Needs) and Nicholas Loloee (Loloee) (collectively, Plaintiffs) allege Defendants Catherine Llavanes (Defendant) and Century Park Ambulatory Surgery Center, LLC (Century Park) (collectively, Defendants) breached the operating agreement with Plaintiffs regarding a $50,000 investment from Surgical Needs and a $30,000 loan from Loloee. Plaintiffs allege Defendants received and retained money and conver...

Excerpt: ...intiff Maria Dolores Juarez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In her complaint filed on November 5, 2021, Plaintiff alleges she entered into a loan agreement with Century Mortgage secured by the Property through a Deed of Trust. In 2019, Plaintiff began having trouble making her mortgage payments and applied for a loan modification with PHH. Plaintiff continued to follow up with attempts for a loan modification, but PHH could not pr...

Excerpt: ...l, Inc. 01/17 /23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is toxic tort case. Plaintiff alleges that he was exposed to various toxic chemicals while working in construction. Defendant Masterchem Industries LLC moves for an order continuing the current trial date of September 19, 2023, and all related dates. TENTATIVE RULING: Defendant's motion to continue trial is GRANTED. The Final Status Conference s...

Excerpt: ...raceli Garcia Diaz CASE HISTORY: 08/24/19: Complaint filed. 09/27/21 : Answer by Defendant American Honda Motor Co., Inc. filed. 08/23/22: The Court denied Defendant American Honda Motor Co.: Inc.' s opposed Motion to Compel Arbitration. 10/31 /22: Motion to Strike and Motion for Judgment on the Pleadings for the Fourth Cause of Action by Defendant American Honda Motor Co. Inc. filed. 03/27/23: Oppositions to Motion to Strike and Motion for Judgm...

Excerpt: ...0: First Amended Complaint filed 03/04/22: Second Amended Complaint filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action in real property. Plaintiff and Defendant Richard Castro are co-owners of a piece of real properv as tenants in common. Plamtiff seeks a sale of the property and an accounting of all sums for upkeep, maintenance, mortgage, tax, and insurance payments on the property. Plamtiffs move to enforce an oral settleme...

Excerpt: ...Y: 11/24/20: Complaint filed. 04/09/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plamtiffs allege age and disability discrimination, harassment and retaliation and various Labor Law claims and related causes of action. Plaintiffs move for leave to file a second amended complaint TENTATIVE RULING: Plamtiffs' Motion for Leave to File a Second Amended Complaint is GRANTED. ...

Excerpt: ...for Plaintiffs installation of solar panels on his property. Defendant moves to compel this matter to arbitration. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. DISCUSSION: Defendant moves to compel this matter to binding arbitration. Missing Proof of Service Defendant has not provided the Court with proofthat this motion was served on Plaintiff pursuant to Code of Civil Pruedure section 1005(b). However, as Plaintiff has ...

Excerpt: ...6/24/09: Complaint filed. 09/06/18: Default judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a breach of contract action. Plaintiff alleged that he loaned money to the defendant trust that Defendants never paid back. Plamtiff moves to amend the judgment to add Glen Pyle as Trustee of the Pyle Irrevocable Trust as a judgment debtor. TENTATIVE RULING: Plamtiffs Motion to Amend the Judgment is GRANTED. DISCUSSION: Plamtiff ...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This is an action for fraud, elder abuse, and breach of contract that was filed on February 2 7, 2020. Plamtiff moves for leave to amend the Complaint TENTATIVE RULING: Plaintiffs Motion for Leave to File a First Amended Complaint is DENIED. DISCUSSION: Plamtiff moves for leave to file an amended complaint Title of Motion Plamtiff filed this motion as a "motion for reconsideration" and handwrote "reconsideration" in ...

Excerpt: ...ery. The Court cannot grant this motion in limine because it fails to identi$ any specific evidence 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 dut•yto supplement its responses when new information comes into its possession. (Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, ...

Excerpt: ...act that was filed on November 17, 2021. Plaintiff alleges that Defendant has failed to pay insurance premiums in association mth a set of workers compensation insurance policies. Plamtiff moves for terminating sanctions for failure to comply with the Court's previous orders on Plaintiffs Motions to Compel Responses, and for monetary sanctions. TENTATIVE RULING: Plamtiffs Motion for Terminating Sanctions is GRANTED and Defendant's answer is stric...

Excerpt: ...d. 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 Plamtiffs' insurance coverage. Defendant State Farm General Insurance Co„ Inc. moves for summary adjudication on a single issue of duv. TENTATIVE RULING: Defendant's Motion for Summary...

Excerpt: ... on June 14, 2022. Plaintiffs allege that, on September 4, 2017, Plaintiffs purchased a 2017 Chrysler Pacifica which had transmission, engine, and electrical defects. Defendants move to compel this matter to binding arbitration and stay proceedings pending resolution of the arbitration. TENTATIVE RULING: Defendant FCA US, LLC's Motion to Compel Arbitration is DENIED. Defendant Glenn E. Thomas Co's Motion to Compel Arbitration is MOOT. DISCUSSION:...

Excerpt: ...t was filed on January 16, 2020. Plaintiff alleges that she was subjected to extensive discrimination over a period of more than 30 years on the basis of her national origin, gender, age, and disability. Defendant moves for summary judgment, or, in the alternative, summary adjudication of all causes of action. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Defendant's alternative Motion for Summary Adjudication is DENIED. DI...

Excerpt: ... retaliation that was filed on September 21, 2020. Plaintiff alleges that she was sexually harassed by her supervisor, and that her employers refused to investigate or take action, permitting the supervisor to retaliate against her for her complaints. Defendants move to compel a defense mental examination of Plaintiff. TENTATIVE RULING: Defendants' motion to compel the defense mental examination of Plaintiff is GRANTED in part. The Court will per...

Excerpt: ...OCEEDINGS: This is an action for breach of contract that was filed on August 11, 2022. In the First Amended Complaint, Plaintiff alleges that Defendant Uyeda breached an implied-in-fact agreement to place Plaintiff on the title for the property in which they resided in exchange for Plaintiff's coverage of mortgage payments. Defendant Uyeda demurs to the First Amended Complaint in its entirety. TENTATIVE RULING: Defendant's Demurrer to the First A...

Excerpt: ...ntiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. 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 is DENIED. DISCUSSION: Defendant's Request for Judicial Notice Defendant requests that the Court take judicial notice of (1) a Grant Deed tr...

Excerpt: ...intiff alleges that Defendant is liable as guarantor for the outstanding debt on a mortgage following a foreclosure sale. Defendant moves to set aside the default judgment entered against him under the mandatory relief provision of Code of Civil Procedure section 473(b). TENTATIVE RULING: Defendant's Motion to Set Aside Default Judgment is GRANTED. Defendant is to file and serve his answer within five court days of this order. Plaintiff's request...

Excerpt: ...TS AND/OR PROCEEDINGS: This was an action arising out of an underinsured motorist claim. Petitioner sought a court order appointing an arbitrator to adjudicate the underlying dispute. Petitioner moves to set aside her dismissal of the Petition and to reopen this case to allow Petitioner to litigate the issue of fees and costs. TENTATIVE RULING: Petitioner's Motion to Set Aside Dismissal is GRANTED. Petitioner is to file her memorandum of costs wi...

Excerpt: ... Complaint filed.  03/25/20: First Amended Complaint filed.  08/12/20: Second Amended Complaint filed.  11/09/20: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract stemming from an allegedly wrongful foreclosure on a parcel of real property owned by Plaintiff. Defendants Statebridge Co., LLC and Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as ...

Excerpt: ... Bibi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, breach of fiduciary duty, and fraud arising from the breakdown of a joint venture between the parties in the beauty supply and spa business. Plaintiff alleges that Defendants entered into unauthorized partnership agreements and misappropriated company assets. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff's Mot...

Excerpt: ...ort action for battery, trespass, and negligence, filed on September 3, 2019. Plaintiff alleges that Defendant Hyland was employed by the other Defendants as a property manager, and, while so employed, sexually harassed and physically attacked Plaintiff, who was a tenant at a property owned by Defendants. Plaintiff moves for issue sanctions and for monetary sanctions for failure to comply with the Court's October 3, 2022 order requiring Defendant...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and negligent misrepresentation. Plaintiff alleges that Defendants failed to pay Plaintiff compensation for work done as agreed in a contract between the parties. Defendant Jack Fierstadt demurs to the First Amended Complaint. TENTATIVE RULING: Defendant Jack Fierstadt's Demurrer to the First Amended Complaint is SUSTAINED. Plaintiff shall have 30 days leave to amend the Compl...

Excerpt: ... Mullis; John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP PROOF OF SERVICE:  Correct Address: OK.  75/77/80 (Code Civ. Proc. § 437c): OK. Served by email on August 20, 2022 CASE HISTORY:  02/10/21: Complaint 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 ...

Excerpt: ...AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel the deposition of Plaintiff John David Morayniss. TENTATIVE RULING: Defendant's Motion to Compel Deposition of Plaintiff John David Morayniss is GRANTED. Plaintiff is ordered to appear for deposi...

Excerpt: ...ung CASE HISTORY:  09/24/21: Complaint filed.  10/20/21: The Quikrete Companies, LLC substituted in as Doe 1  11/29/21: Dismissal entered as to Quikrete International, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort and survival action. Plaintiffs allege that Timothy Joseph Toups, now deceased, was exposed to various toxic chemicals while working in construction, which ultimately caused his fatal illness. Defend...

Excerpt: ...oe 1. Henry Company LLC substituted in as Doe 2. ITW Polymers Sealants North America Inc. substituted in as Doe 3. MBTechnology substituted in as Doe 4. Smalley & Company substituted in as Doe 5. Sunshine Supply Co., Inc. substituted in as Doe 6. Top Industrial, Inc. substituted in as Doe 7. Tropical Roofing Products of California, LLC substituted in as Doe 8.  05/09/19: Gardner-Gibson Manufacturing, Inc. substituted in as Doe 9. Bostik, Inc. ...

Excerpt: ...: Complaint filed.  10/25/21: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff alleges that Defendants have refused to pay Plaintiff money owed on a contract for remediation of biohazardous material. Defendant/Cross-Complainant Ocean Properties, Inc. moves for an order compelling Plaintiff/Cross-Defendant Sterile Pros LLC to provide further responses to Requests for Prod...

Excerpt: ...Anticouni Trust”), and Ralph Schiavone (“Schiavone”) (collectively, “Demurring Parties”) RESPONDING PARTY(S): Plaintiffs Antaliah Thomas Vinnai, Antoinette Thomas Love, individually and as successors in interest to the Estate of Carrie Thomas (collectively, “Plaintiffs”) STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs initiated this action on July 1, 2022 against Defendants Total Lender; AMB; Lawrence; McDonough Trust; An...

Excerpt: ...rora RESPONDING PARTY(S): (1)(2) Defendant Daljeet Singh CASE HISTORY:  12/28/18: Complaint filed.  06/24/19: First Amended Complaint filed.  02/24/20: Cross-Complaint filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising from a dispute concerning a buyout of a partnership for the management of rental properties. Plaintiff moves to compel further responses to requests for product...

Excerpt: ... CASE HISTORY:  02/25/19: Complaint filed.  04/16/19: Crossfield Products Corp. substituted in as Doe 1. Henry Company LLC substituted in as Doe 2. ITW Polymers Sealants North America Inc. substituted in as Doe 3. MBTechnology substituted in as Doe 4. Smalley & Company substituted in as Doe 5. Sunshine Supply Co., Inc. substituted in as Doe 6. Top Industrial, Inc. substituted in as Doe 7. Tropical Roofing Products of California, LLC substit...

Excerpt: ... a 2018 Jeep Grand Cherokee on which subsequently developed brake, engine, and electrical defects. Plaintiff moves to compel further responses to requests for production propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is to provide verified, code-compliant responses without objections within 30 days of the date of this order. DISCUSSION: Plaintiff moves to ...

Excerpt: ...EDINGS: This is an action for fraud and breach of contract filed on May 29, 2020. In the First Amended Complaint, filed November 16, 2020, Plaintiff alleges that Defendants entered into a contract for goods with Plaintiff, but that Defendants misrepresented their ability to pay while nevertheless accepting the goods. Defendants JR Group, Inc., Siu Kwan Lam, and Ruby Lam move for leave to file a cross-complaint against Plaintiff. TENTATIVE RULING:...

Excerpt: ...S AND/OR PROCEEDINGS: The complaint in this action was filed on November 4, 2022, asserting claims for breach of contract, conversion, and money had and received. Plaintiff alleges that the parties entered into an agreement concerning the development and management of real property located in Dallas, Texas. Plaintiff alleges that, when the property was sold, Defendants refused to compensate Plaintiff for his investment into the property from the ...

Excerpt: ...PECIAL INTERROGATORIES; (4) MOTION TO COMPEL RESPONSES FROM 17th STREET COMPLEX LLC TO REQUESTS FOR PRODUCTION MOVING PARTY: (1)-(4) Defendant Ohio Security Insurance Co. RESPONDING PARTY(S): (1)-(4) Plaintiffs 17th Street Complex, LLC and 17th Street, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on April 25, 2022. In their First Amended Complaint, filed on December 9, 2022, Plaintiffs allege ...

Excerpt: ... related to 22SMCP00239 (this is lead case). STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This legal malpractice case was filed on April 9, 2022, alleging that Defendants misled Plaintiff as to the fees for drafting a partnership agreement for a residential project. A First Amended Complaint was filed on October 27, 2022. Defendants move to compel this matter to arbitration and stay proceedings pending resolution of the arbitration. TENTATIVE ...

Excerpt: ... a breach of contract and misappropriation of trade secrets action involving multiple consolidated and related actions and cross-actions. Plaintiff Solutech Pharmaceuticals moves to continue the trial date and statutory motion and discovery cutoff dates from March 28, 2023 to a date after October 2023. TENTATIVE RULING: Plaintiff's motion to continue trial is GRANTED. The jury trial set for March 28, 2023 is advanced and continued to November 14,...

Excerpt: ...Plaintiffs signed a Retail Installment Sales Contract for a 2015 Nissan Rogue which developed transmission, electrical, and engine defects. Plaintiffs sued the manufacturer, Nissan North America, Inc., for breach of warranty under the Song Beverly Act. Defendant moves to compel arbitration and to stay the proceedings pending resolution of the arbitration. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. DISCUSSION: Request fo...

Excerpt: ...ARTY(S): (1)-(2) Plaintiff Nabors Corporate Services, Inc. CASE HISTORY:  05/08/21: Complaint filed.  03/24/22: First Amended Complaint filed.  08/03/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was subcontracted certain work to be performed for Defendant City of Long Beach. Defendants, including the contractors, did not inform Plaintiff that the work was subject to prevailing wage laws. W...

Excerpt: ...filed on October 1, 2020. Plaintiff contends that he was wrongfully terminated in retaliation for complaining because his supervisor pushed him during an argument. Judgment was entered against Plaintiff on his claims against Defendant Michael Kovach on September 30, 2022. Plaintiff moves to tax select costs in the amount of $4,918.57 in Defendant Michael Kovach's memorandum of costs. TENTATIVE RULING: Plaintiff's motion to tax costs is GRANTED. D...

Excerpt: ...) OK.  16/21 (Code Civ. Proc. § 1005(b)): (1)(2) OK. (1)(2) Served by mail and email on November 14, 2022. CASE HISTORY:  03/05/18: Complaint filed.  09/07/18: Dismissal entered as to Defendant Ker Lu.  09/15/21: Judgment entered for Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was an employment action in which Plaintiff alleged various Labor Code violations, a PAGA claim, and unfair business practices. Plaintiff h...

Excerpt: ...AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel the deposition of Plaintiff Jacob Aaron Morayniss. TENTATIVE RULING: Defendant's Motion to Compel Deposition of Plaintiff Jacob Aaron Morayniss is GRANTED. Plaintiff is ordered to appear for depo...

Excerpt: ...n filed on June 1, 2022. Plaintiff alleges he purchased a 2019 Honda Odyssey which had electrical, transmission, and engine defects. Defendant demurs to the fifth cause of action for fraudulent concealment and moves to strike the allegations relating to that cause of action. TENTATIVE RULING: Defendant's Demurrer to the fifth cause of action is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Plaintiff's Request for Judicial Notice ...

Excerpt: ... AND/OR PROCEEDINGS: This legal malpractice case was filed on April 9, 2022. In the First Amended Complaint, filed on October 27, 2022, Plaintiff alleges that Defendants misled Plaintiff as to the fees for drafting a partnership agreement for a residential project. Defendants specially move to strike the first cause of action for fraud in the inducement and third cause of action for breach of contract under Code of Civil Procedure section 425.16....

Excerpt: ...histleblower retaliation that was filed on May 23, 2020. Plaintiff alleges that he was retaliated against for making internal complaints regarding racially discriminatory remarks made by one of his superiors as an officer of the Los Angeles Police Department. Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 1043. TENTATIVE RULING: Plaintiff's Pitchess motion is GRANTED. The Court sets an in camera...

Excerpt: ...w Roton STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was filed on November 19, 2019. Plaintiff alleges that she contracted with Defendants to execute a lien loan agreement on her home, and that the Defendants falsely recorded a notice of default and are pursuing a foreclosure sale on the property. Plaintiff, along with non-parties Streetropical Media LLC and Musicares Foundation, Inc, move to quash...

Excerpt: ...alleges that Defendant knowingly cashed a check from Plaintiff to the IRS that was intercepted and forged to direct payment to a third party. Defendant moves to strike Plaintiff's allegations related to punitive damages and to strike Plaintiff's request for treble damages pursuant to Penal Code section 496. TENTATIVE RULING: Defendant's Motion to Strike is GRANTED as to page 3, paragraph 14, lines 8 through 11 of the First Amended Complaint, and ...

Excerpt: ...ntiff alleges that Defendant Casa Serena refused to refund a $10,000 fee for an in-patient rehabilitation program which Plaintiff's daughter terminated early. Plaintiff further alleges that Defendant Bank of America, N.A. (BANA) refused to claw back the fee and instead has pursued Plaintiff as owing the fee to BANA. Defendant Bank of America, N.A. moves for judgment on the pleadings on the third cause of action for declaratory relief. TENTATIVE R...

Excerpt: ...each of contract filed on November 17, 2021. Plaintiff alleges that Defendant has failed to pay insurance premiums in association with a set of worker's compensation insurance policies. Plaintiff moves for terminating sanctions for failure to comply with the Court's previous order on Plaintiff's Motions to Compel Responses, and for monetary sanctions. TENTATIVE RULING: Plaintiff's Motion for Terminating Sanctions is DENIED. Defendant is ordered t...

Excerpt: ...rmination, and wage and hour violations that was filed on January 4, 2022. Plaintiff moves for leave to file an amended complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to Amend the Complaint is GRANTED. Plaintiff is to file and serve a First Amended Complaint within 10 days of the date of this order. DISCUSSION: Plaintiff moves for leave to file an amended complaint. Legal Standard The Court may, “at any time before or after commencem...

Excerpt: ...that she was subjected to extensive sexual harassment and retaliation for complaining about the harassment to which she was subjected, culminating in her termination. Plaintiff demurs to certain affirmative defenses raised in the answer of Defendant Rahn Industries, Inc. TENTATIVE RULING: Plaintiff's Demurrer to the Answer of Defendant Rahn Industries, Inc. is OVERRULED as to the sixth, twenty-ninth, thirty-third through thirty-fourth, thirty-six...

Excerpt: ...on December 8, 2022. CASE HISTORY:  05/09/19: Complaint filed (lead case).  07/18/19: First Amended Complaint filed (lead case).  08/07/19: Cross-Complaint filed (lead case).  01/16/20: Petition filed (this case).  12/04/20: Cases consolidated  08/05/22: Verdict returned. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that Defendant engaged in elder abuse by inducing Plaintiff's father to make Defendant the so...

Excerpt: ...TORY: · 12/20/20: Petition filed · 12/06/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a petition for writ of mandamus. Plaintiff now alleges that Defendants engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicl...

Excerpt: ...d. · 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 Re...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This action was filed on March 21, 2022, alleging breach of contract, foreclosure of a mechanic's lien, and for common counts. In the First Amended Complaint filed on October 25, 2022, Plaintiff alleges that Defendants breached a contract for rental of construction equipment by allowing the equipment rented to be stolen and refusing to reimburse Plaintiff for the lost equipment. Defendant Joshua Road, LLC demurs to t...

Excerpt: ...omissory note. In their Complaint filed on May 3, 2022, Plaintiffs allege that Defendant failed to make any payments on a security agreement executed by the parties in August of 2012. Defendant demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant's demurrer is SUSTAINED without leave to amend as to the second and third causes of action and otherwise OVERRULED. DISCUSSION: Defendant demurs to the Complaint in its entirety. Legal St...

Excerpt: ...rst Amended Complaint, filed on November 22, 2022, Plaintiffs allege that they were hired to broker a lease agreement with their client and Defendants, who own the property. Plaintiffs allege that they are entitled to a commission on the lease agreement which was improperly withheld. Defendants demur to the First Amended Complaint in its entirety. TENTATIVE RULING: Defendants' demurrer to the First Amended Complaint is SUSTAINED without leave to ...

Excerpt: ... 11/05/20: First Amended Complaint filed.  02/05/21: Second Amended Complaint filed.  04/12/21: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that they were peacefully protesting outside of Defendants' home when Defendants conspired to compel them to leave by having Defendant David Lacey threaten Plaintiffs with a handgun when they rang Defendants' doorbell. Plaintiffs also allege that Defe...

Excerpt: ...  12/20/20: Petition filed  12/06/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a petition for writ of mandamus. Plaintiff now alleges that Defendant engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicle wa...

Excerpt: ...PONDING PARTY(S): Plaintiff Frontline Medical Associates, Inc CASE HISTORY:  07/30/19: Complaint filed.  12/16/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In its First Amended Complaint filed on December 16, 2021, Plaintiff alleges that the lawyer Defendants made misrepresentations to induce payment of $600,000 to provide services to another of their clients, Paul Turley. Defendants move for a protecti...

Excerpt: ...NT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Defendant moves to compel production of Plaintiffs' vehicle for inspection under Code of Civil Procedure section 2031.310. TENTATIVE RULING: Defendant's Motion to Compel Further Responses to Demand fo...

Excerpt: .../22: First Amended Complaint filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was terminated by the Los Angeles Police Department following a Board of Rights hearing regarding alleged misconduct by Plaintiff. Plaintiff alleges that her termination was in retaliation for whistleblowing regarding misconduct of other police officers. Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 104...

Excerpt: ... part of an ongoing arbitration proceeding between Petitioner Ontrak, Inc. and two of its former employees who allegedly misappropriated trade secrets and confidential information and disclosed them to the non- party Respondent, Dariohealth Corp. TENTATIVE RULING: Petitioner Ontrak Inc.'s petition to enforce a third-party deposition subpoena is GRANTED. Respondent is to designate a person most qualified and produce the documents or things describ...

Excerpt: ...r whistleblower retaliation and assault and battery that was filed on October 1, 2020. Plaintiff contends that he was wrongfully terminated in retaliation for complaining because his supervisor pushed him during an argument. Plaintiff Rodolfo Sanchez moves for an order compelling Defendant Hub Metals and Trading, Inc. to appear and produce documents at trial. TENTATIVE RULING: Plaintiff's Motion to Compel Defendant Hub Metals and Trading, Inc. to...

Excerpt: ...mplaint filed.  01/10/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants conspired to induce Plaintiff Yoav Botach to sell the Garfield Building at 403 W. 8th Street, Los Angeles, CA (hereafter “the subject property”) to sell the subject property to Kyriakos Kerry Bonnis for well below its listed price. Plaintiffs allege causes of action for breach of fiduciary duty, fraud, ...

Excerpt: ... FOR SANCTIONS MOVING PARTY: (1)(2)(3) Defendant Panavision, Inc. RESPONDING PARTY(S): No response on eCourt as of 12/15/22 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on February 18, 2021. Plaintiff alleges that Defendant breached a contract whereby Defendant was to lease camera equipment from Plaintiff for the purpose of sublease to third parties. Plaintiff alleges that he was entitled to 60% o...

Excerpt: ...PONDING PARTY(S): (1)(2) Defendant Alfredo Hernandez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was commenced on September 10, 2021. In his First Amended Complaint, filed on February 14, 2022, Plaintiff alleges that he contracted orally with Defendants for the sale of a parcel of real property. Plaintiff contends that Defendants did not pay him the entirety of the proceeds to which he was entitle...

Excerpt: ...was filed on April 26, 2022. Plaintiff alleges that she was subjected to extensive harassment and discrimination as a result of her pregnancy and was ultimately wrongfully terminated. Defendants move to compel arbitration and stay this matter pending resolution of the arbitration. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. This matter is ordered stayed pending resolution of the arbitration. All hearings are advanced to...

Excerpt: ...rez RESPONDING PARTY(S): (1)(2) Defendant Alfredo Hernandez CASE HISTORY: · 09/10/21: Complaint filed. · 02/14/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract filed on September 10, 2021. In his operative First Amended Complaint, Plaintiff alleges that he contracted orally with Defendants for the sale of a parcel of real property. Plaintiff contends that Defendants did ...

Excerpt: ... fifth causes of action dismissed without prejudice.  10/10/22: Judgment Entered STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleged that Defendants breached a contract to sell all their Western-themed memorabilia to Plaintiff and have kept some items that Plaintiff purchased. Judgment was awarded to Plaintiff in the amount of $82,500. Plaintiff now moves for an award of prejudgment interest in the amount of $60,891.78 TENTATIVE ...

Excerpt: ...at Defendant Lam entered into a settlement agreement with Plaintiff in January 2022 to resolve an action for breach of contract and domestic tort. Plaintiff contends that Defendant refused to pay Plaintiff the money owed under the settlement agreement. Defendant IFS Infosure, Inc., demurs to the Complaint as to each cause of action asserted against it. TENTATIVE RULING: Defendant's Demurrer is SUSTAINED with leave to amend as to the fourth, seven...

Excerpt: ...ister-State Judgment filed. · 08/17/22: Judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This case involves a petition for entry of judgment on a sister-state judgment. The County Court of Harris County, Texas entered judgment for Plaintiff on December 12, 2019. Judgment was entered against all defendants in this Court on August 17, 2022. Defendant Vann Heflin Holdings, Inc. moves to set aside the judgment as void. TENTATIVE RUL...

Excerpt: ...resentative of Family 1; Harry Lumer, Sr., individually and as the Designated Family Representative of Family 2; Stuart Rubin, individually and as a Representative of Family 4; and David Wank, individually and as the Representative of Family 5. CASE HISTORY: · 05/21/19: Petition to Vacate or Alter Arbitration Award filed. · 06/28/19: Cross-Petition to Confirm Arbitration Award filed.  12/06/21 Remittitur issued STATEMENT OF MATERIAL FACTS AN...

Excerpt: ...MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Plaintiffs move to compel further responses to certain requests in Plaintiffs' Requests for Production (Set Two). TENTATIVE RULING: Plaintiffs' Motion to Compel Further Responses to Requests for Production ...

Excerpt: ...: Plaintiff Ozelia Harris (Untimely) STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for employment discrimination that was filed on November 3, 2020. Plaintiff alleges that Defendants engaged in retaliation and harassment against her on the basis of her use of medical leave and/or her perceived disability. Defendants move to quash a set of subpoenas for personal appearances and production of documents. TENTATIVE RULING: Defenda...

Excerpt: ...ield Products Corp. substituted in as Doe 1. Henry Company LLC substituted in as Doe 2. ITW Polymers Sealants North America Inc. substituted in as Doe 3. MBTechnology substituted in as Doe 4. Smalley & Company substituted in as Doe 5. Sunshine Supply Co., Inc. substituted in as Doe 6. Top Industrial, Inc. substituted in as Doe 7. Tropical Roofing Products of California, LLC substituted in as Doe 8.  05/09/19: Gardner-Gibson Manufacturing, Inc....

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action that was filed on March 23, 2021. Plaintiff alleges that Defendant intentionally misclassifies its California sales employees as exempt employees to deprive them of wage and hour law protections. Plaintiff moves to compel further responses to Plaintiff's Amended Special Interrogatories (Set One) and for sanctions. At the initial hearing on this motion on November 14, 2022, the Court ...

Excerpt: ... 2020. Plaintiffs purchased a new 2016 Kia Sorrento which had serious engine and powertrain defects. Plaintiff alleges multiple violations of the Song- Beverly Consumer Warranty Act and fraudulent omission by Defendant in concealing the engine defects. Defendant now moves for summary judgment, or, in the alternative, summary adjudication as to the first, fourth, fifth, sixth, and seventh causes of action. TENTATIVE RULING: Defendant's Motion for ...

Excerpt: ...ion filed on May 27, 2020. Plaintiff purchased a new 2016 Kia Optima which had serious engine defects. Plaintiff alleges multiple violations of the Song- Beverly Consumer Warranty Act and fraudulent omission by Defendant in concealing the engine defects. Defendant now moves for summary judgment, or, in the alternative, summary adjudication as to Plaintiff's second cause of action, violation of Civil Code section 1793.2(b), fourth cause of action ...

Excerpt: ...Broadway, LP as to Susan Primorac and Royal Security Group, Inc. · 01/13/22: Appeal filed by Defendant 901 South Broadway, LP. · 11/17/22: First Amended Complaint filed. 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 space to accomm...

Excerpt: ...Salazar; Michael Salazar; Caroline Salazar, a minor by and through her Guardian ad Litem Jeanette Maria Salazar; Samantha Salazar, a minor by and through her Guardian ad Litem Jeanette Maria Salazar; and Phillip Edward Neil Jr. RESPONDING PARTY(S): Defendants Robin St. George Richards and Teresita Ivet Richards STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant action filed on August 12, 2022 and alleging breach of the impl...

Excerpt: ... MATERIAL FACTS AND/OR PROCEEDINGS: This was filed as a petition for writ of mandamus. Plaintiff now alleges that Defendants engaged in a criminal conspiracy to illegally tow vehicles and force their owners to pay extortionate fees to retrieve the vehicles from impoundment. Plaintiff alleges that he was personally injured and his civil rights violated when his vehicle was allegedly unlawfully towed. Plaintiff moves for leave to file a first amend...

Excerpt: ...n that was filed on August 31, 2022. Plaintiff alleges Defendants wrongfully terminated him and then refused to rehire him on the basis of his age and perceived disability. Defendants demur to the Complaint in its entirety. TENTATIVE RULING: Defendants' Demurrer to the Complaint is SUSTAINED without leave to amend. DISCUSSION: Defendants demur to the Complaint in its entirety. Legal Standard A demurrer tests whether the complaint states a cause o...

Excerpt: ...MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on January 25, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including engine and electrical system defects. Plaintiffs move to compel further responses to certain requests in Plaintiffs' Requests for Production (Set Two). TENTATIVE RULING: Plaintiffs' Motion to Compel Further Responses to Requests for Production ...

Excerpt: ...(S): Plaintiffs Yoav Botach and YB Real Estate Properties I, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs commenced this action on August 9, 2018, alleging that Defendants conspired to induce Plaintiff Yoav Botach to sell the Garfield Building at 403 W. 8th Street, Los Angeles, CA (hereafter “the subject property”) to sell the subject property to Kyriakos “Kerry” Bonnis for well below its listed price. In their operativ...

Excerpt: ...S): Defendant Pueblo Restaurant, Inc., CASE HISTORY: · 04/7/21: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff filed this action on April 7, 2021 alleging employment discrimination, whistleblower retaliation, and wage and hour violations. Plaintiff moves to compel further responses to form interrogatories and requests for production, and for sanctions. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses t...

Excerpt: ...04/17/20: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action for wage and hour violations. Following the Court's September 19, 2022 order granting Defendant's Motion to Compel Arbitration with respect to Plaintiff's individual claims, the Court ordered briefing on the question of whether the Court should stay litigation of Plaintiff's representative PAGA claims. TENTATIVE RULING: Plaintiff's repre...

Excerpt: ...NGS: Plaintiff Gary Varterian, an experienced jeweler who also bought and sold precious metals, commenced this lawsuit on November 30, 2018, against Defendants Gold Depot, Inc., and its president, Kevork Kacharian, who were long-time dealers of precious metals operating in Downtown Los Angeles. Plaintiff asserted claims for breach of contract and fraud arising out of the parties' dealings on an open position contract in which Plaintiff provided s...

Excerpt: ...plaint filed. · 08/19/22: Second Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action. Plaintiff alleges that he was subjected to extensive racial discrimination while employed by Defendants and was subsequently terminated in retaliation for reporting racial discrimination by the individual defendants. Defendants demur to the second and fourth causes of action for failure to state fa...

Excerpt: ...exclude opinion testimony from non-retained experts who have “formed opinions in anticipation of litigation” is not an accurate description of the restrictions placed on non-retained experts. A treating physician may provide “both fact and opinion testimony,” just like any other expert; “what distinguishes the treating physician from a retained expert is not the content of the testimony, but the context in which he became familiar with ...

Excerpt: ...INGS: This is a libel action. Plaintiff alleges that Defendants falsely tweeted, among other things, that he preyed on young women at Dragon Con, the comic book convention held in Atlanta. Defendant moves for an award of attorney's fees in the amount of $133,340, plus $4,848.75 in costs, following appellate vacatur of the Court's denial of Defendant's Motion to Quash Service of Summons and Special Motion to Strike. TENTATIVE RULING: Defendant's M...

Excerpt: ...ACTS AND/OR PROCEEDINGS: CASE HISTORY (Aghajanian): · 08/30/18: Complaint filed. · 09/14/21: Aghajanian and Haddadian deemed related. Aghajanian designated the lead case. CASE HISTORY (Haddadian): · 09/20/18: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Aghajanian is a wrongful termination action (although Plaintiff does not allege a cause of action for wrongful termination in violation of public policy). Plaintiff was empl...

Excerpt: ...ban · 10/21/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff alleges that Defendants agreed to purchase Plaintiff's ownership interest in an LLC and failed to pay pursuant to the terms of the agreement as modified. Cross-Defendant Mikhail Cheban demurs to the Cross-Complaint. TENTATIVE RULING: Cross-Defendant's Demurrer to the Cross-Complaint is OVERRULED. DISC...

Excerpt: ...each of contract that was filed on April 25, 2022. Plaintiffs allege that Defendant Ohio Security Insurance Company has failed to pay all insurance proceeds owed on a claim pursuant to an insurance policy. Defendant Nahai Insurance Services Inc. demurs to the fourth cause of action for negligence for failure to state facts sufficient to constitute a cause of action. TENTATIVE RULING: Defendant's Demurrer to the Complaint is SUSTAINED with leave t...

Excerpt: ...arred under Evidence Code § 352, and that it constitutes improper character evidence excludable under Evidence Code § 1101. Defendant argues that evidence that Plaintiff filed a previous discrimination and retaliation case under the Fair Employment and Housing Act (“FEHA”) is relevant to her subjective good faith belief that her complaints about “operational disputes” were about race discrimination. To be specific, Defendant contends th...

Excerpt: ... for breach of contract that was file on December 29, 2020. Plaintiff alleges that Defendants failed to pay for fabric goods sold by Plaintiff and accepted by Defendants. Plaintiff moves for an order deeming the truth of matters stated in its Requests for Admissions propounded to Defendant Hun Young An as admitted. TENTATIVE RULING: Plaintiff's Motion for Order Deeming the Truth of Matters Stated in Their Requests for Admission as Admitted is GRA...