Excerpt: ... Plaintiff Stephen J. Walsh IV RESPONDING PARTY(S): (1) Defendant Bijan Davidson; (2) Defendant Babak Davidson CASE HISTORY: · 01/27/22: Complaint filed. · 05/05/22: Cross Complaint filed by Last Minute Ventures as to Stephen J. Walsh IV STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for contractual fraud. The parties entered into a joint venture whereby Defendants would provide the licenses and facilities necessary to operat...

Excerpt: ...es and attorney fees stricken from 1AC without prejudice per stipulation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants were negligent in representing her in an underlying action for medical negligence based on a failed Lasik procedure. Plaintiff alleges that she was forced to settle for $103,000 despite actual damages between $400,000 and $700,000. Defendants Gansen Law Group, P.C. and Christopher J. Gansen mo...

Excerpt: ...TS AND/OR PROCEEDINGS: This is an action, filed on December 8, 2020, for wrongful foreclosure, quiet title, infliction of emotional distress, and fraudulent concealment. Plaintiffs seek to unwind a foreclosure sale which they contend was unlawful and invalid. Defendant The Evergreen Advantage moves for summary judgment, or, in the alternative, summary adjudication on each cause of action asserted against it. TENTATIVE RULING: Defendant's Motion f...

Excerpt: ...LC; EMS Corporation; Carepoint Managed Services, LLC; Four1, LLC. · 08/31/18: Default entered as to Matt Wiltsey as an individual and trustee and Taylor Wiltsey. · 05/13/20: Dismissal entered as to Does 1-50. · 05/19/20: Default judgment entered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs alleged that Plaintiff Frontline had obtained a judgment against Defendants and that Plaintiff Olmo was seeking damages against them, but Def...

Excerpt: ...022. Plaintiff alleges that Defendants failed to perform according to the terms of a contract for services in connection with production of a film. Defendant WARF Productions, LLC demurs to the Complaint for misjoinder of parties, failure to state facts sufficient to constitute a cause of action, and uncertainty. TENTATIVE RULING: Defendant WARF Productions, LLC's demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant WARF Productions, LLC...

Excerpt: ...ry, LLC; Gibran Begum. CASE HISTORY:  08/09/18: Complaint 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 c...

Excerpt: ...istan Mullis; John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief, filed on February 10, 2021, against a liability insurer and the attorneys retained by the insurer to defendant Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs move for summary adjudication on the first cause of ...

Excerpt: ...R PROCEEDINGS: This is a Petition for Writ of Administrative Mandate. Petitioner California Department of State Hospitals (“DHS”) seeks a writ setting aside a decision by Respondent State Personnel Board (“Board”) reducing the discipline for DHS Police Officer Fabian Barraza to a 30-day suspension and ordering the Respondents to adopt the Administrative Law Judge's decision affirming Petitioner's dismissal of Officer Barraza for cause. TE...

Excerpt: ...ence action filed on August 19, 2020. Plaintiffs allege that Defendant, a licensed insurance broker-agent, was negligent in procuring and renewing Plaitniffs' homeowners' insurance policy. Defendant moves for summary judgment. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. DISCUSSION: Defendant moves for summary judgment on Plaintiffs' claim for professional negligence. Plaintiff's Evidentiary Objections Declaration of Micha...

Excerpt: ...ND/OR PROCEEDINGS: This is an action for breach of contract filed on April 25, 2022. Plaintiffs allege that Defendant Ohio Security Insurance Company has failed to pay all insurance owed on a claim pursuant to an insurance policy. Defendant Nahai Insurance Services Inc. moves for sanctions under Code of Civil Procedure section 128.7. TENTATIVE RULING: Defendant's Motion for Sanctions is DENIED. DISCUSSION: Defendant Nahai Insurance Services Inc. ...

Excerpt: ...a defective vehicle purchased in 2016. A notice of settlement was filed in June of 2022. 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 pursuant to a settlement. Entitlement to Fees Civil Code section 1794(d) states: If the buyer prevails in an action under this section, the buyer shall be allowed by the court t...

Excerpt: ...rrears that was filed on March 23, 2022. Defendant demurs to the Complaint and moves to strike portions of the allegations therein. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. Defendant's Motion to Strike is DENIED. DISCUSSION: Request for Judicial Notice Defendant requests that the Court take judicial notice of Article 14.6 of the Los Angeles Municipal Code. Defendant's request is GRANTED pursuant to Evidence Code secti...

Excerpt: ... PROCEEDINGS: This is an employment discrimination and wage and hour action filed on March 9, 2022. Plaintiff alleges that Defendants discriminated against him on the basis of his race, retaliated against him for complaining about his mistreatment, culminating in his wrongful termination, and failed to pay him all wages due and denied him meal and rest breaks as required by law. Defendants move to compel arbitration of Plaintiff's claims and to s...

Excerpt: ...ATERIAL FACTS AND/OR PROCEEDINGS: This is an action for employment discrimination 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. Plaintiff moves to compel the depositions of Erin Jackson, Jacqueline Liberto, and Rebecca Norwood. TENTATIVE RULING: Plaintiff's Motions to Compel Depositions of Rebecca Norwood, Jac...

Excerpt: ...0: 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 filed. ...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for injunctive relief filed on April 27, 2022. Plaintiffs allege that Defendants failed to offer independent study in violation of sections 51745 and 51747 of the Education Code. Defendant demurs to the Complaint in its entirety and moves to strike portions of the Complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's Demurrer to the Complaint is SUSTAINED with lea...

Excerpt: ...on August 24, 2021. Plaintiff alleges that Defendant defaulted on two mortgages on a parcel of property, and, after foreclosure under the senior deed of trust, the deed of trust at issue became unsecured. Plaintiff therefore demands payment of the money owed under the promissory note. Defendant moves to set aside a default and default judgment entered against him. TENTATIVE RULING: Plaintiff's motion to set aside the default and default judgment ...

Excerpt: ...Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code claims, and wrongful termination in violation of public policy. Plaintiff moves to compel further responses to Requests for Production (Set Five) propounded to Defendant Cast Parts, Inc., and for sanctions. TENTATIVE RULING: Plaintiff's Motion to Compel Further Res...

Excerpt: ...� 02/24/22: First Amended Complaint Filed STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of an insurance contract filed on January 21, 2022, with a First Amended Complaint submitted on February 24, 2022. Plaintiff alleges that Defendants wrongfully declined to pay benefits under an insurance policy to which Plaintiff alleges he was entitled. Defendants Peterson International Underwriters and Disability Management Ser...

Excerpt: ...This is an action for breach of contract stemming from a commercial banking agreement filed on February 3, 2022. Defendant moves for an order appointing and selecting a judicial referee, staying the action, and for attorney's fees and costs. TENTATIVE RULING: Defendant's Motion for Judicial Reference is DENIED. Defendant's request for attorney's fees is DENIED. DISCUSSION: Defendant moves for an order appointing and selecting a judicial referee, ...

Excerpt: ...: This was a petition for writ of mandamus filed on December 20, 2020. Plaintiff 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 amended complaint. TENTAT...

Excerpt: ...t discrimination and wrongful termination action filed on July 26, 2021. Plaintiff alleges that Defendant wrongfully terminated Plaintiff on the basis of her age and in retaliation for reporting and opposing illegal activities allegedly conducted by her employer, the Central Basin Municipal Water District. Plaintiffs move to compel further responses to five Requests for Production, and for sanctions. TENTATIVE RULING: Plaintiff's motion to compel...

Excerpt: ...of the parties at the time the contract was executed. (Wolf v. Walt Disney Pictures & Television (2008) 162 Cal.App.4th 1107, 1125-1126.) “Ordinarily, the objective intent of the contracting parties is a legal question determined solely by reference to the contract's terms.” (Ibid. [Citation omitted].) While the Court may not consider extrinsic evidence to contradict the clear and unambiguous terms of a written contract, such evidence is admi...

Excerpt: ...t 82 W. Arbor Street, Long Beach, CA 90805. It was commence on December 21, 2021, with a First Amended Complaint filed on March 21, 2022. Defendant demurs to the First Amended Complaint in its entirety. TENTATIVE RULING: Defendant's Demurrer is SUSTAINED with leave to amend as to the first, third and ninth causes of action. Defendant's Demurrer is SUSTAINED without leave to amend as to the second, seventh, and eighth causes of action. Defendant m...

Excerpt: ...bitability defects filed on July 6, 2021. Defendant filed a cross-complaint against third party Cross-Defendant Joan M. Pierce for equitable indemnity on October 18, 2021. Cross-Defendant Joan M. Pierce demurs to the Cross-Complaint in its entirety. TENTATIVE RULING: Cross-Defendant's Demurrer to the Cross-Complaint is OVERRULED. DISCUSSION: Cross-Defendant Joan M. Pierce demurs to the Cross-Complaint in its entirety for failure to state facts su...

Excerpt: ...DINGS: This is a professional negligence action filed on August 19, 2020. Plaintiffs allege that Defendant, a licensed insurance broker-agent, was negligent in procuring and renewing Plaitniffs' homeowners' insurance policy. Plaintiffs move for sanctions under Code of Civil Procedure section 128.7. TENTATIVE RULING: Plaintiffs' motion for sanctions under Code of Civil Procedure section 128.7 is DENIED. DISCUSSION: Plaintiffs seek monetary sanctio...

Excerpt: ...August 12, 2020. Plaintiff alleges that Defendants executed a forged quitclaim deed to deprive her of a 50% interest in a piece of real property. Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. TENTATIVE RULING: Defendant's motion to set aside the default judgment is GRANTED. DISCUSSION: Defendant Juan M. Cuarenta moves to set aside a default judgment entered on May 16, 2022. Plaintiff's Requests for Judi...

Excerpt: ...ARTY(S): (1)(2) No response on eCourt as of September 19, 2022 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract that was 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 to compel responses to requests for production and to special interrogatories, and for sanctions. TENTAT...

Excerpt: ...n; (2) Defendants Cast Parts, Inc., Consolidated Precision Products Corp., and Freddy Jimenez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the Complaint she filed on September 22, 2020, Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code violations, and wrongful termination in violation of public policy. Plain...

Excerpt: ...FACTS AND/OR PROCEEDINGS: Filed on April 28, 2020, this is an action for employment discrimination and retaliation on the basis of race, age, and gender. Defendant moves for summary judgment, or, in the alternative, summary adjudication as to all causes of action asserted against it. TENTATIVE RULING: Defendant's Motion for Summary Judgment is DENIED. Defendant's alternative Motion for Summary Adjudication is DENIED. DISCUSSION: Defendant moves f...

Excerpt: ...led  03/02/20 Request for dismissal as to class 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 a...

Excerpt: ... 06/22/21: First Amended Complaint filed.  03/22/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract. Plaintiff moves for leave to file a Third Amended Complaint. TENTATIVE RULING: Plaintiff's motion for leave to file a third amended complaint is GRANTED. DISCUSSION: Motion for Leave to File Third Amended Complaint Plaintiff seeks leave to file a third amended complain...

Excerpt: ...ded Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff's brother was killed by Sheriff's Deputies when they were allegedly responding to a domestic dispute call to his home. Plaintiff alleges causes of action for negligent infliction of emotional distress and a Ralph Act violation. Defendant moves for judgment on the pleadings as to both causes of action. TENTATIVE RULING: Defendant's motion for judgment on the pleadings i...

Excerpt: ...F 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. Plaintiff moves for an order deeming the truth of matters stated in their Requests for Admissions as admitted. TENTATIVE RULING: Plaintiffs' Motion for Order Deeming the Truth of Matters Stated in Their R...

Excerpt: ...n December 2, 2021. Plaintiffs allege that they submitted a pitch for a television show to Defendants with an implied contractual obligation to retain Plaintiffs as creators and producers, and Defendants subsequently created a television show using Plaintiffs' pitch without crediting them. Plaintiffs move to compel further responses to four Requests for Production. TENTATIVE RULING: Plaintiffs' motion to compel further responses is GRANTED IN PAR...

Excerpt: ... 04/27/22: First Amended Complaint filed.  07/06/22: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff sued the Housing Authority of the City of Los Angeles (HACLA), erroneously named as 2600 Wilshire Boulevard, alleging that HACLA improperly issued a voucher for a two-bedroom unit and subsequently downgraded her voucher. Plaintiff moves for leave to file a late government claim. TENTATIVE RULING: Plaint...

Excerpt: ...S: This action for fraud, breach of fiduciary duty, negligent misrepresentation, and declaratory relief was filed on December 16, 2011. Judgment was entered on July 21, 2022 after a lengthy appeal process. Defendant moves for an award of attorney's fees in connection with successful defense of an appeal of an award of attorney's fees in connection with an anti-SLAPP motion. Both parties move to strike or tax the opposing party's memorandum of cos...

Excerpt: ... M.D. and Huntington Reproductive Center Medical Group. CASE HISTORY:  01/15/20: Complaint filed.  03/16/20: First Amended Complaint filed.  06/29/20: CooperGenomics substituted in as Doe 1.  10/13/20: Second Amended Complaint filed.  12/01/20: Dismissal entered on First Amended Complaint as to CooperGenomics. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual fraud action. Plaintiffs allege that they contracted ...

Excerpt: ... M.D. and Huntington Reproductive Center Medical Group. CASE HISTORY:  01/15/20: Complaint filed.  03/16/20: First Amended Complaint filed.  06/29/20: CooperGenomics substituted in as Doe 1.  10/13/20: Second Amended Complaint filed.  12/01/20: Dismissal entered on First Amended Complaint as to CooperGenomics. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a contractual fraud action. Plaintiffs allege that they contracted ...

Excerpt: ...bitration award confirmed. · 09/11/20: Notice of Appeal filed. · 04/28/22: Remittitur issued. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges wage and hour violations, as well as disability discrimination and harassment. Defendants move for summary judgment on Plaintiff's sole remaining cause of action under the Private Attorneys General Act of 2004. TENTATIVE RULING: Defendants' motion for summary judgment is GRANTED. DISCUSS...

Excerpt: ...RIAL FACTS AND/OR PROCEEDINGS: In her September 22, 2020 Complaint, Plaintiff alleges that Defendants retaliated against her for reporting their discrimination and harassment of her based on race. She also alleges discrimination, harassment, Labor Code claims, and wrongful termination in violation of public policy. Plaintiff moves to quash a pair of identical deposition subpoenas to Providence St. Jude Medical Center on the grounds that they viol...

Excerpt: ...R PROCEEDINGS: This is an action for fraud, negligence, elder abuse, and breach of contract. Iin his May 6, 2020 complaint, Plaintiff alleges that his brother and his sister-in-law have abused their powers and privileges as managers of an LLC of which Plaintiff is also a member to defraud Plaintiff and the LLC for personal gain. Defendants each move for summary judgment, or in the alternative, summary adjudication on each cause of action asserted...

Excerpt: ...his is a breach of contract action filed on April 13, 2022. Plaintiff seeks to recover a principal of $749,499.42 for a loan on which Plaintiff alleges Defendants defaulted. Plaintiff moves for judicial reference pursuant to Code of Civil Procedure §638. TENTATIVE RULING: Plaintiff's motion for an order appointing the Hon. Victor B. Kenton (Ret.), whose business address is Judicate West, 11601 Wilshire Blvd., Suite 2040, Los Angeles, CA 90025-17...

Excerpt: ...it Kohn Ingrassia Lutz & Dolin, Tom Ingrassia, and Tristan Mullis; (3) Defendants John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief against a liability insurer and the attorneys retained by the insurer to defendant Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs move to compe...

Excerpt: ... Fourth through Eighth Causes of Action, during an initial bench trial and to reserve any remaining issues not resolved during the first phase for a subsequent jury trial. The Court noted that five of Plaintiff's declaratory relief claims appear to raise equitable issues that should be tried to the Court. The issues asserted in the five causes of action at issue are: (1) Whether CSSD failed to register its lien concerning 4033 Fairman Street and ...

Excerpt: ...State Hospitals RESPONDING PARTY(S): No response on eCourt as of August 18, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a Petition for Writ of Administrative Mandate filed on March 3, 2021. Petitioner seeks a writ setting aside a decision by Respondent State Personnel Board and ordering the Respondents to adopt an Administrative Law Judge's decision affirming Petitioner's dismissal of a hospital police officer for cause. Petitio...

Excerpt: ...mplaint 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. Plaintiff moves to compel responses to form interrogatories from Defendant Newrez, LLC, formerly known as New Penn Financial, LLC, doing business as Shellpoint Mortgage Servicing. Plaintiff also requests sanctions from Defendant and its counsel...

Excerpt: ...d Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and enforcement of governing documents for a homeowner's association under the Davis-Stirling Act. Plaintiff sued Formosa Gardens HOA (“Defendant HOA”) and Alexsei Durack and Kevin Ngoc Khuat (“Individual Defendants”) alleging breach of governing documents, multiple violations of the Davis-Stirling Act (Civ. Code § 5200 et seq.), fraud, theft i...

Excerpt: ...mon law action filed on August 24, 2021. Plaintiffs allege that, on April 11, 2017, Plaintiffs purchased a new 2017 Honda Pilot which developed serious defects, including transmission problems. Plaintiffs have sued American Honda Motor Co., Inc., the manufacturer of the vehicle, under the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Defendant American Honda Motor Co., Inc. moves to compel arbitration and stay the case pending t...

Excerpt: ...man STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental lease agreement. Plaintiffs alleges physical, emotional, and mental injuries arising from numerous and serious habitability defects in the property rented by Plaintiffs from Defendants. Defendants move to compel production of records from Dr. Lawrence S. Cohen in compliance with a third-party deposition subpoena. TENTATIVE RULING: Defendants' Motion to Co...

Excerpt: ...nt to care for and race horses, and alleges that Defendant failed to do so properly. Defendant moves to set aside the default entered against him on May 18, 2022. TENTATIVE RULING: Defendant's Motion to Set Aside the default is GRANTED on the condition that Defendant serve and file the answer by August 26, 2022. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant moves under Code of Civil Procedure section 473 to set aside a defaul...

Excerpt: ...IAL FACTS AND/OR PROCEEDINGS: This is a petition, filed on June 28, 2022, to perpetuate testimony and evidence before commencement of litigation. Petitioner is the owner of a vehicle that was involved in a traffic accident and seeks to conduct discovery relating to one of the vehicles involved. TENTATIVE RULING: The Petition for Pre-Commencement Discovery is GRANTED. Petitioner Pablo M. Velez is authorized to take the following discovery: Non-des...

Excerpt: ... Fourth through Eighth Causes of Action, during an initial bench trial and to reserve any remaining issues not resolved during the first phase for a subsequent jury trial. The Court noted that five of Plaintiff's declaratory relief claims appear to raise equitable issues that should be tried to the Court. The issues asserted in the five causes of action at issue are: (1) Whether CSSD failed to register its lien concerning 4033 Fairman Street and ...

Excerpt: ...rst Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination action filed on January 4, 2022. In his First Amended Complaint, filed on March 14, 2022, 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 first...

Excerpt: ...n September 8, 2021. Plaintiff alleges that he has been subjected to extensive discrimination, harassment, and retaliation based on his national origin. Defendant Steve Lam demurs to the first cause of action for harassment. TENTATIVE RULING: Defendant's demurrer is SUSTAINED with leave to amend. Plaintiff shall have 30 days leave to file a First Amended Complaint from the date of this order. DISCUSSION: Defendant Steve Lam demurs to the first ca...

Excerpt: ...Defendant Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. RESPONDING 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: Plaintiff alleges that the lawyer Defendants made misrepresentations to induce Plaintiff to pay them $600,000 to provide services to another of their clients, Paul T...

Excerpt: ... claims for breach of contract, foreclosure of a mechanic's lien, and for common counts. 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 moves to eliminate the mechanic's lien on the property owned by Defendant or to reduce the lien from $80,000 to $1,500. TENTATIVE RULING:...

Excerpt: ...of a felony. (Evidence Code § 788.) This may be done by examination of the witness or by offering the record of the criminal judgment. (Id.) There are exceptions to this rule, but Defendants have not relied on any statutory exceptions in their motion or demonstrated that any such exceptions may apply. “'Misdemeanor convictions ... are not admissible for impeachment, although evidence of the underlying conduct may be admissible subject to the c...

Excerpt: ...property filed on March 4, 2020. Plaintiff and Defendant Richard Castro are co-owners of a piece of real property as tenants in common. Plaintiff seeks the sale of the property and an accounting of all sums for upkeep, maintenance, mortgage, tax, and insurance payments on the property. Plaintiff moves to deem requests for admissions from Defendant Nicole Nunez-Castro admitted and requests sanctions. TENTATIVE RULING: Plaintiff's Motion to Deem Re...

Excerpt: ... 11/29/21: Cross-Complaint filed by Antelope Valley Residential Development, LLC and Steven Goldstein as to Forward Calabasas, Inc. and Jordan Davies · 12/16/21: Cross-Complaint filed by Forward Calabasas, Inc. and Jordan Davies as to Antelope Valley Residential Development, LLC and Steven Goldstein STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud based on the sale of real property. Plaintiffs contends that Defendants ...

Excerpt: ...Association, Inc. as to Aloha Roofing, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for negligence and breach of contract. Plaintiff alleges that Defendants were negligent and breached their contractual obligations by persistently failing to fix a roof leak in Plaintiff's condominium. Plaintiff moves for leave to file an amended complaint. TENTATIVE RULING: Plaintiff's motion for leave to amend is GRANTED. Plaintiff is d...

Excerpt: ...ment Creditor Ex Parte Collection Services, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was an action for violation of the Americans with Disabilities Act, filed on October 13, 2009. On March 2, 2011, an amended final judgment was entered for the Plaintiff. Judgment debtor and Defendant Martin Lee Properties, Inc. moves for entry of satisfaction of the judgment and to quash the writ of execution and Sheriff's levy, and for attorney'...

Excerpt: ...s- Defendant Brookshire Diller Family, LLC RESPONDING PARTY(S): (1) (2) (3) Defendants and Cross-Complainants Barry Weiss and Edmundo Rosenberg CASE HISTORY: · 01/29/18: Complaint filed · 05/19/18: First Amended Complaint filed · 01/29/19: Second Amended Complaint filed. · 07/30/21: Third Amended Complaint filed. · 12/07/21: Cross Complaint filed by Edmundo Rosenberg and Barry Weiss as to Dorothy Diller, Arthur Diller, and Brookshire Diller ...

Excerpt: ...n October 26, 2020. In her First Amended Complaint, filed on April 1, 2021, Plaintiff alleges disability-based discrimination; medical-condition- based discrimination; harassment; failure to prevent discrimination; failure to engage in the interactive process; failure to provide reasonable accommodations; wrongful termination; intentional infliction of emotional distress; unfair business competition; and failure to timely furnish payroll records....

Excerpt: ...R PROCEEDINGS: This is an action for fraud, breach of contract, and professional negligence filed on November 1, 2021. Plaintiff alleges that the parties contracted to participate in the Immigration Investor Visa Program so that Plaintiff could invest in a piece of property, and conspired to forge Plaintiff's signature on immigration documents for the purpose of diverting Plaintiff's invested funds to a different property. Defendants Daquin Zhang...

Excerpt: ...PARTY(S): Plaintiff Frontline Medical Associates, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the First Amended Complaint, filed on December 16, 2021, Plaintiff alleges that the lawyer Defendants made misrepresentations to induce Plaintiff to pay them $600,000 to provide services to another of their clients, Paul Turley. Defendant Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow P.C. moves to preclude the remote trial ...

Excerpt: ...SOLIDATED PRECISION PRODUCTS CORP.; REQUEST FOR SANCTIONS (3) MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN ACCORDANCE WITH STATEMENT OF COMPLIANCE; REQUEST FOR SANCTIONS MOVING PARTY: (1) (2) (3) Plaintiff Jessica Magee RESPONDING PARTY(S): (1) Defendant Cast Parts, Inc.; (2) Defendant Consolidated Precision Products, Inc.; (3) Defendant Robert Benson STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In their Complaint filed on September 22, 2020, P...

Excerpt: ...S AND/OR PROCEEDINGS: This is an action professional negligence for the malpractice of Defendants in representing Plaintiff in an action against her landlord. Judgment was entered for Plaintiff against Defendants for professional negligence and breach of fiduciary duty on October 6, 2021. Defendants appealed the Court's judgment on November 24, 2021. Plaintiff moves to compel responses to judgment debtor interrogatories from Defendant Michael Akh...

Excerpt: .../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 that Finance of America Commercial, LLC is substituted in as Doe 3.  05/03/19:...

Excerpt: ...OCEEDINGS: This is an employment discrimination action filed on October 26, 2020. In his First Amended Complaint, filed on April 1, 2021, Plaintiff alleges disability-based discrimination; medical-condition- based discrimination; harassment; failure to prevent discrimination; failure to engage in the interactive process; failure to provide reasonable accommodations; wrongful termination; intentional infliction of emotional distress; unfair busine...

Excerpt: ...mber 22, 2021. Plaintiffs allege that they leased a new 2019 Honda pilot that developed serious defects, including engine and transmission problems. Defendant moves to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant American Honda Motor Co.'s motion to compel binding arbitration is GRANTED, along with its request to stay the case pending arbitration. DISCUSSION: Motion To Compel Arbitrat...

Excerpt: ...No. 4, LLC. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendant loaned them money on usurious terms. Plaintiffs seek the return of $6,474,186.96 that they paid to Defendant, plus interest. Defendant moves for summary judgment, or, in the alternative, for summary adjudication on all causes of action in the Second Amended Complaint, filed on May 27, 2021. TENTATIVE RULING: Defendant's motion for summary judgment is DENI...

Excerpt: ...ased in 2017. Plaintiff prevailed on a motion to enforce settlement on February 15, 2022, and judgment was entered for Plaintiff and against Defendant on March 2, 2022. Plaintiff moves for attorney's fees and costs. TENTATIVE RULING: Plaintiff's Motion for Attorney's Fees and Costs is GRANTED in the amount of $39,415.75 in attorney's fees after applying a 1.1 multiplier, plus $1,114.15 in costs. DISCUSSION: Requests for Judicial Notice Plaintiff ...

Excerpt: ...is an action for elder abuse, fraud, and breach of fiduciary duty that was filed on April 9, 2020. Plaintiffs contend that Defendants took advantage of Plaintiff Gerald Solomon's advanced age and deteriorating mental state to defraud him of property belonging to him or to the corporation of which he was owner and majority shareholder and then failing to meet the legal and financial obligations of the corporation as an officer of that corporation....

Excerpt: ...S: This is an action for breach of contract and fraud filed on March 22, 2022. Plaintiff alleges that Defendants failed to obtain necessary building permits before conducting renovations on Plaintiff's house and failed to effectuate proper repairs on the property. Defendant filed a Cross-Complaint on April 28, 2022. Plaintiff/Cross-Defendant moves to strike portions of the Cross-Complaint. TENTATIVE RULING: Cross-Defendant's motion to strike port...

Excerpt: ...contract and contractual fraud arising from the purchase of commercial property located at 608 and 611 S. Hobart Blvd, Los Angeles, CA. Plaintiff alleges that Defendants breached the terms of the real estate sales agreement and fraudulently induced Plaintiff to purchase the property by misrepresenting the terms of a lease agreement with a tenant on the property. Defendants Byung No Ree and Jung Hwa Ree move to strike Plaintiff's Phase II Expert W...

Excerpt: .../OR PROCEEDINGS: This is an elder abuse case that was filed on January 10, 2022. Plaintiff, who has impaired mobility and is a resident at a skilled nursing facility operated by Defendants, alleges that Defendants failed to properly monitor his condition, causing him to develop pressure sores that resulted in serious injury. Defendants move to compel arbitration and stay this action. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is G...

Excerpt: ...nded Complaint filed.  12/16/21: Dismissal entered as to Rachel Yoonsun Lee; Detail Escrow, Inc.  12/16/21: Third Amended Complaint filed  02/01/22: Dismissal entered with prejudice as to DG Golden Key, Inc. and Jeeyon Gwon. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was originally a quiet title action, filed on February 5, 2021. Plaintiff alleges that Defendant Jae Woo Lee (Plaintiff's younger brother) fraudulently induced Pla...

Excerpt: ...tiff 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 accommodate her disability (the PTSD). In a cross-complaint, Defendant 901 South Broadway alleges that Plaintiff breached the written lease agreement and that Defendant Royal Security was negligent in performing its duties. Defenda...

Excerpt: ...r husband German Valera alleged that Defendants Howard, Lewenfus and Garrard conspired to deprive Plaintiffs of their property by selling it at public auction to Lewenfus for $10,000. Judgment was entered for Defendant Lewenfus against Plaintiffs. Plaintiffs move to tax Defendant Lewenfus's memorandum of costs, or, in the alternative, strike the memorandum. TENTATIVE RULING: Plaintiffs' motion to strike and/or tax costs is DENIED. DISCUSSION: Pla...

Excerpt: ...facturer of Plaintiff's car, for various violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq., and for fraud by omission. On April 8, 2022, Kia brought a motion for summary judgment or, in the alternative, for summary adjudication. In opposition, Plaintiff submitted various documents, produced in discovery by Kia under a protective order, to show Kia's long-time knowledge of Theta II engine defects and Kia's active co...

Excerpt: ...2022. PROOF OF SERVICE:  Correct Address: Yes.  16/21 (CCP § 1005(b)): OK. Served by mail on June 3, 2022. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action filed on May 20, 2019. Plaintiff claims that Defendants failed to repay loans extended to them by Plaintiff pursuant to the terms of the loan agreement. Attorneys Farhad Novian and Jared Xu of Novian & Novian LLP, Counsel for Defendants, move to be rel...

Excerpt: ...wagen Group of America, Inc.; (2) (3) Plaintiffs Jacob Aaron Morayniss and John David Morayniss RESPONDING PARTY(S): (1) Plaintiffs Jacob Aaron Morayniss and John David Morayniss; (2) (3) Defendant Volkswagen Group of America, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed in January 15, 2021. Plaintiffs leased a new 2021 Audi RS Q8 Quattro which Plaintiffs allege was delivered with serious defects including...

Excerpt: ...eles; Cindy Kim, Deputy Clerk of the Superior Court of California, County of Los Angeles; and Marlene Burris and Debra Rivera, Certified Shorthand Reporters of the Superior Court of California, County of Los Angeles STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a personal injury action. Defendants Buchalter, P.C, Erik Kennedy, and Ashley Milnes removed the action to the United States District Court, Central District of California on No...

Excerpt: ... MATERIAL FACTS AND/OR PROCEEDINGS: This is a landlord-tenant dispute commenced on January 31, 2022. The operative complaint is the First Amended Complaint filed on April 19, 2022. In it, Plaintiffs allege that Defendants have engaged in an ongoing campaign of harassment against them. Plaintiffs allege nine causes of action: (1) trespass, (2) harassment in violation of Civil Code section 1940.2; (3) violation of Tenant Anti- Harassment Ordinance ...

Excerpt: ...is an action for fraud and breach of contract commenced on October 23, 2019. The operative complaint is the Third Amended Complaint filed on November 9, 2020. Defendant moves for evidentiary and monetary sanctions for failure to comply with the Court's March 18, 2022 Minute Order requiring Plaintiff to produce further responses to Defendant's special interrogatories (set one). Defendant also moves for a duplicative order compelling Plaintiff to r...

Excerpt: ...ERIAL FACTS AND/OR PROCEEDINGS: This is an action for legal malpractice filed on October 24, 2017. Plaintiff alleges that Defendants committed legal malpractice in their handling of several matters for Plaintiff. Plaintiff alleges five causes of action: (1) Legal Malpractice; (2) Breach of Contract; (3) Negligent Misrepresentation; (4) Breach of Fiduciary Duty, and (5) Unfair Business Practices pursuant to Business & Professions Code section 1720...

Excerpt: ... theft. Defendants demur to the First Amended Complaint on the grounds that the Third Cause of Action for theft fails to state sufficient facts to constitute a cause of action, and to the Second and Fourth Causes of Action for waiting time penalties and improper wage statements on the grounds that they improperly seek damages against individual defendants. Defendants also move to strike paragraph 20 of the First Amended Complaint as false and imp...

Excerpt: ... discrimination. Plaintiff alleges that Defendant discriminated against him on the basis of his disability. Plaintiff now moves for leave to file a Second Amended Complaint (“SAC”). TENTATIVE RULING: Plaintiff's motion for leave to file a first amended complaint is DENIED. DISCUSSION: Motion for Leave to File Second Amended Complaint Plaintiff seeks leave to file a second amended complaint to add four causes of action: a tenth cause of action...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff alleges harassment, discrimination, and other claims against her former employer. Plaintiff moves to enforce a settlement agreement pursuant to Code of Civil Procedure section 664.6. Plaintiff also moves for attorney's fees and costs under the terms of the settlement agreement. TENTATIVE RULING: Plaintiff's motion to enforce the settlement is GRANTED. Defe...

Excerpt: ...clude is wholly irrelevant to the issues to be litigated in this case under Evidence Code § 210, constitutes inadmissible character evidence under Evidence Code § 1101(a), and is not proper impeachment evidence. Even if there were some marginal relevance, the evidence should be excluded under Evidence Code § 352 as unduly prejudicial and would necessitate undue consumption of time litigating the underlying details from which these irrelevant p...

Excerpt: ... FACTS AND/OR PROCEEDINGS: This is an action for wrongful foreclosure on a property located at 82 W. Abor Street, Long Beach, CA 90805. Plaintiff seeks an order deeming this case related to Unlawful Detainer Case No. 22LBUD00391 and moves to consolidate this case with that unlawful detainer action. TENTATIVE RULING: The Court deems the civil case Smith v. Planet Home Lending, LLC, et al. Case No. 21STCV44056 not related to the unlawful detainer c...

Excerpt: ... Prime, LLC CASE HISTORY:  11/08/17: Complaint filed.  07/20/20: Judgment entered.  08/21/20: Appeal filed by Plaintiff Jenna King  02/23/22: Remittitur of Appeal by Plaintiff Jenna King; Judgment affirmed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of lease action. Plaintiffs sued Defendants for multiple habitability violations. All parties entered into a move-out settlement agreement. Plaintiff Jenna King conte...

Excerpt: ...Labor Code violations, filed on July 1, 2020 with a First Amended Complaint filed on March 10, 2022. Defendant moves to strike several allegations in the First Amended Complaint as unmanageable. TENTATIVE RULING: Defendant Urth Payroll Services moves to strike portions of the First Amended Complaint as unmanageable. Defendant's motion to strike is DENIED in its entirety. DISCUSSION: Legal Standard The court may, upon a motion, or at any time in i...

Excerpt: ...2, 2021. Plaintiffs allege that they leased a new 2019 Honda pilot that developed serious defects, including engine and transmission problems. Defendant moves to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant American Honda Motor Co.'s motion to compel binding arbitration is GRANTED, along with its request to stay the case pending arbitration. DISCUSSION: Motion To Compel Arbitration De...

Excerpt: ...st Amended Complaint filed.  06/08/21: Second Amended Complaint filed.  03/14/22: Third Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff holds legal title to a piece of real property on which the County asserts a lien based on child support it claims Plaintiff owes. He seeks a declaratory judgment that Defendant Matthew Fletcher is the equitable owner of the property and that his ownership is free of the li...

Excerpt: ...n Ingrassia Lutz & Dolin, Tom Ingrassia, and Tristan Mullis; (3) Defendants John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for declaratory and injunctive relief against a liability insurer and the attorneys retained by the insurer to defendant Plaintiffs in an underlying employment discrimination lawsuit. Plaintiffs move to compel a fu...

Excerpt: ... Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff sued the Housing Authority of the City of Los Angeles (HACLA), erroneously named as 2600 Wilshire Boulevard, alleging that HACLA improperly issued a voucher for a two-bedroom unit and subsequently downgraded her voucher. Defendant demurs to the First Amended Complaint in its entirety for failure to state facts sufficient to constitute a cause of action. Defendant ...

Excerpt: ...ry filed on January 26, 2022. Plaintiff alleges that Defendant committed multiple acts of physical and emotional abuse against her. Defendant demurs to the Complaint in its entirety and moves to strike several paragraphs of allegations in the Complaint. Defendant also moves in the alternative to transfer this action to Family Court. TENTATIVE RULING: Defendant's demurrer to the Complaint is OVERRULED. Defendant's motion to strike is DENIED Defend...

Excerpt: ...ondent's use of office space and related services provided by Petitioner. Petitioner moves for confirmation of the arbitration award. TENTATIVE RULING: Petitioner's motion to confirm arbitration award is GRANTED. ANALYSIS: Petitioner moves for confirmation of an arbitration award. Any party to an arbitration award may petition the court to confirm, correct, or vacate the award. (Code Civ. Proc. § 1285.) “If a petition or response under this ch...