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

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

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

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

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

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

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

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

Excerpt: ...arantee a loan agreement codified in two promissory notes dated March 5, 2020 and June 7, 2020. Plaintiff moves for sanctions for Defendant Jerry Mao's unfounded Motion to Disqualify Counsel. TENTATIVE RULING: Plaintiff's Motion for Sanctions is DENIED. DISCUSSION: Plaintiff moves for sanctions for Defendant Jerry Mao's unfounded Motion to Disqualify Counsel. Statutory Basis For Motion Plaintiff initially brought this motion under both Code of Ci...

Excerpt: ...ction for employment discrimination that was filed on May 6, 2022. Plaintiff alleges that she was wrongfully terminated based on her age and gender. Plaintiff moves for reference of all discovery in this matter. TENTATIVE RULING: Plaintiff's Motion for Reference for Discovery is GRANTED. Appointment of a discovery referee is necessary to mitigate the undue burden on the Court's time and resources from the numerous discovery motions at issue in th...

Excerpt: ...ai, Sumeth, and Narlong Tilakamonkul, T-Team Investments, Inc., Royal Thai Cuisine II, Inc., Royal Thai Cuisine IV, Inc., and Siriratn Tilakamonkul RESPONDING PARTY(S): (1)(2) Defendants/Cross-Complainants Virut, Vichai, Sumeth, and Narlong Tilakamonkul, T-Team Investments, Inc., Royal Thai Cuisine II, Inc., Royal Thai Cuisine IV, Inc., and Siriratn Tilakamonkul; (3) Plaintiffs/Cross-Defendant Vichit and Somsak Tilakamonkul; CASE HISTORY:  07/...

Excerpt: ...2. Plaintiff alleges that Defendant breached the terms of a loan agreement by failing to make payments as required by its terms. Plaintiff moves for summary judgment. TENTATIVE RULING: Plaintiff's Motion for Summary Judgment is GRANTED. DISCUSSION: Plaintiff moves for summary judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine wh...

Excerpt: ...act is not well- taken. Defendant made clear in its Answer and Cross-Complaint that it disputes Plaintiff's construction of the PSA, in that Plaintiff contends that it is a contract to sell both the Ambassador Hotel and the adjacent parking lot, while Defendant argues the PSA was intended to effectuate the sale of the Hotel alone. Thus, the Verified Answer alleges, in response to Plaintiff's cause of action for breach of contract, that “the Sub...

Excerpt: ...on for breach of contract that was filed on April 25, 2022. Plaintiff alleges Defendants failed to perform according to the terms of a contract for services in connection with production of a film. Defendant WARF Productions, LLC moves for an order deeming the truth of matters in Requests for Admissions propounded to Plaintiff and to Cross-Defendant Mansour Bennouna, and for sanctions. TENTATIVE RULING: Defendant's Motions to Deem the Truth of Ma...

Excerpt: ..., 2023. Plaintiff alleges Defendants refused to repair persistent defects at the property where Plaintiff was a tenant, including termite infestations and plumbing issues. Defendants demur to the Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrers to the Complaint are SUSTAINED without leave to amend as to the claims against these named defendants. This ruling is without prejudice to assertion of the cl...

Excerpt: ...ke filed · 11/09/2023: Opposition Papers filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Peter Eunsang Kim (“Plaintiff”) filed a Complaint on April 27, 2023 containing six causes of action against Sung Sik Lim (“Defendant”). The causes of action are: 1. Breach of Contract 2. Fraud 3. Negligent Misrepresentation 4. Unjust Enrichment 5. Breach of Fiduciary Duty 6. Fraud in the Purchase of Securities – Damages The Complaint stems fr...

Excerpt: ..., 2022. Plaintiff alleges that Defendants failed to make payments pursuant to a contract between Plaintiff and their predecessor in interest, Bruce Yasmeh. Defendant Yaniv Yasmeh moves to set aside a default and default judgment taken against him. TENTATIVE RULING: Defendant Yasmeh's Motion to Set Aside Default and Default Judgment is DENIED. DISCUSSION: Defendant Yaniv Yasmeh moves to set aside a default and default judgment taken against him. T...

Excerpt: ...nt discrimination and wage and hour action that was filed on March 15, 2023. Plaintiff alleges that he was discriminated against and ultimately terminated because he took medical leave to recuperate from a back injury. Defendant Staffmark Investment, LLC, joined by Defendant Raul Najar, moves to compel arbitration and stay this action pending resolution of the arbitration. TENTATIVE RULING: Defendant Staffmark Investment, LLC's Motion to Compel A...

Excerpt: ...INGS: This is a toxic tort action, filed on April 18, 2023, alleging that Plaintiff Melendez-Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Global Stone Trading, Inc. demurs to the fourth cause of action for fraudulent concealment and moves to strike portions of the Complaint. TENTATIVE RULING: Defendant'...

Excerpt: ...ive economic advantage. Plaintiff alleges that Defendant made misrepresentations to Plaintiff's employer that caused Plaintiff to be terminated. Defendant demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant's Demurrer to the Complaint is SUSTAINED with 30-days leave to amend as to the first cause of action only and otherwise OVERRULED. Defendant is ordered to file an serve an answer to the Complaint pursuant to code. DISCUSSION: ...

Excerpt: ...an action for disability discrimination and wage and hour violations. Plaintiff alleges that Defendants wrongfully terminated her for taking an extended medical leave of absence. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is GRANTED. Plaintiff is ordered to file a clean standalone copy of the First Amended Complaint within 10 days of this order. DIS...

Excerpt: ...: This is an action for fraud, breach of contract, and violation of the Consumer Legal Remedies Act. Plaintiff alleges that she purchased a used 2009 Toyota Corolla from Defendant, and that Defendant concealed that the vehicle had sustained prior frame and structural damage from an accident. Plaintiff moves to enforce a settlement agreement between the parties. TENTATIVE RULING: Plaintiff's Motion to Enforce Settlement is DENIED. DISCUSSION: Plai...

Excerpt: ...0/28/22: Complaint filed.  07/20/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and unjust enrichment. Plaintiffs allege that Defendants breached their obligations arising from a 2016 loan agreement to finance the production of several film projects and a 2018 settlement agreement intended to resolve some of the disputes arising from those projects. Defendants Atmosph...

Excerpt: ...hat Defendant has violated Proposition 65 by selling consumer products containing toxic chemicals. Plaintiff moves to approve and enter a consent judgment between the parties. TENTATIVE RULING: Plaintiff's Motion for Approval of Proposition 65 Consent Judgment is GRANTED. DISCUSSION: Plaintiff moves to approve and enter a consent judgment between the parties. Missing Proof of Service Plaintiff did not file a proof of service with any of the movin...

Excerpt: ... PAGA action filed on January 28, 2022. Plaintiff alleges that Defendants have systematically underpaid its employees, failed to provide meal and rest breaks and overtime payments, failed to timely pay wages during employment and at the end of employment, and failed to reimburse business expenses. Plaintiff moves for an order (1) approving a proposed PAGA settlement of $130,000; (2) appointing Phoenix Settlement Administrators as the settlement a...