Excerpt: ... Decedent Ramsey Perez, and Luis Dones. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a tort action for wrongful death, negligence, premises liability, survivorship, negligent hiring, supervision, and retention of unfit employees, and assault and battery. Plaintiffs allege that Defendants are responsible for a violent altercation involving Plaintiff Dones, Decedent Perez, and Defendant Valero which resulted in Decedent Perez's fatal sta...

Excerpt: ...filed. · 06/15/21: Default entered as to Defendants Valencia Fulfillment, Inc., Jose Corona, and Marisol Corona. · 12/02/21: Default as to Defendants Valencia Fulfillment, Inc., Jose Corona, and Marisol Corona set aside · 04/22/22: Notice of settlement of entire case filed by Plaintiff STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff alleges harassment, discrimination, and other claims against he...

Excerpt: ...filed on April 13, 2018. Plaintiff alleges that, after developing physical and mental disabilities, Defendant terminated Plaintiff because of her age, perceived disabilities, medical condition, use of medical leave, requests for accommodation, and engagement in protected activities. Plaintiff alleges discrimination and retaliation in violation of FEHA, failure to prevent discrimination and retaliation, failure to provide reasonable accommodations...

Excerpt: ...t the parties entered into a contract to sell two parcels of real property that were tied together by a lot-tie agreement. Plaintiff alleges that Defendant refused to close the sale. Defendant demurs to the Complaint in its entirety and moves to strike several paragraphs of allegations in the Complaint. TENTATIVE RULING: Defendant's demurrer to the Complaint is OVERRULED. Defendant's motion to strike is DENIED DISCUSSION: Demurrer to Complaint De...

Excerpt: ...Defendant Ebizadeh were married and joint owners and managers of Ebiza Enterprises, LLC. Plaintiff alleges that, pending their divorce, the parties negotiated the purchase and sale of Ebiza in lieu of dissolution. After the failure of the sale, Plaintiff filed the operative complaint, seeking dissolution, winding up, and an order for sale, and alleging a breach of the operating agreement, constructive trust, accounting, and unjust enrichment. Pla...

Excerpt: ...incenberg & Rhow, P.C. and Benjamin Gluck RESPONDING PARTY(S): May 26, 2022 Status Report filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that the lawyer Defendants made misrepresentations to it so that it would pay them $600,000 to provide services to another of their clients, Paul Turley. Defendants move for terminating sanctions or, in the alternative, evidentiary and monetary sanctions. TENTATIVE RULING: Defendants' r...

Excerpt: ...on STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud, conversion and related claims. Plaintiff alleges that Defendants used their positions as employees of Plaintiff to personally enrich themselves by independently soliciting business transactions and relationships with current business partners of Plaintiff. Defendant Wilfrido Rodriguez moves to quash a subpoena duces tecum to Bank of America c/o CT Corporation System/C...

Excerpt: ...Republic. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Krystin Wills breached an oral agreement to secure a meeting with Netflix regarding a TV show involving Plaintiff and to perform other tasks related to the development of the show. Plaintiff also alleges that Defendants breached another oral agreement to prepare a literary work related to Plaintiff's fitness programs and to produce a website, pop-up, and merchandise ...

Excerpt: ...nc. RESPONDING PARTY(S): (1) Defendant Cast Parts, Inc.; (2) Plaintiff Jessica Magee STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs 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 seeks issue, monetary, and evidentiary sanctions for spol...

Excerpt: ... Phillip Pivovaroff (“Plaintiff”) alleges that, prior to accepting the offered position, Defendants made false promises regarding the nature of the job to induce acceptance. (Compl. ¶¶ 11-12.) Further, Plaintiff alleges that Defendants violated the Fair Employment and Housing Act despite being aware of his disabilities and his requests for accommodation. (Compl. ¶¶ 13-15.) As a result, it is alleged, Plaintiff was subjected to a different...

Excerpt: ...l 3, 2019 alleging that Defendant committed professional malpractice against Plaintiff in 2017. Defendant filed an answer on May 15, 2019, while acting in pro per. Defendant retained legal counsel in January 2022. Defendant moves for leave to amend the answer to add a tenth affirmative defense of statute of limitations. TENTATIVE RULING: Defendant's motion for leave to amend answer is DENIED. DISCUSSION Defendant moves for leave to amend the answ...

Excerpt: ...Beach and is insured by a commercial policy issued by Defendant. Plaintiff alleges that it has made a covered claim for losses due to the necessary suspension of its operations due to Covid-19 and that Defendant has refused to pay the claim. Defendant moves for reconsideration of the Court's April 18, 2022 minute order denying summary judgment. TENTATIVE RULING: Defendant's Motion for Reconsideration is GRANTED. The Court's April 18, 2022 Minute ...

Excerpt: ...his is an action for legal malpractice that was filed on November 25, 2020. Plaintiff alleges he sustained serious injuries after he tripped and fell at the Pechanga Resort & Casino, owned and operated on Tribal land by the Pechanga Band of Luiseño Indians. Plaintiff alleges that Defendants, acting as his attorneys, committed legal malpractice and concealed their mishandling of Plaintiff's case by failing to advise him and concealing that Defend...

Excerpt: ...at was filed on February 28, 2022. Plaintiff alleges that Defendants harassed and discriminated against her, culminating in her wrongful termination, in retaliation for reporting extensive ongoing discrimination in Defendant's offices. Defendants move to transfer the action to Orange County Superior Court. TENTATIVE RULING: Defendants' motion to transfer action to Orange County Superior Court is DENIED. DISCUSSION: Defendants move to transfer thi...

Excerpt: ... III by and through their Guardian Ad Litem, Victor Beltran STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs leased an apartment from Defendants to reside in with their minor children that is alleged to have contained substantial habitability defects, including mold, exposed electrical wiring, and defective plumbing. Plaintiffs seek relief on six causes of action: (1) Breach of Contract; (2) Breach of Implied Warranty of Habitability; (...

Excerpt: ...1. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien. Plaintiffs allege that Defendant failed to do so, despite receiving money in the amount of $102,987.90, the exact amount of the balance on the loan, from escrow. Plaintiffs seek damages in the am...

Excerpt: ...22 Judgment entered against Defendant Sand & Sea Inc. d/b/a Shore Hotel based on Offer to Compromise Pursuant to Code of Civil Procedure section 998. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action. Plaintiff was employed as a dishwasher and then a line cook at the Defendant Sand & Sea Inc. dba Shore Hotel. Plaintiff alleges gender discrimination, sexual harassment, retaliation for complaining about her treat...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and wrongful termination action, filed on July 29, 2021. Plaintiff was a human resources manager in the oil and gas industry. Plaintiff contends that she was subjected to gender, disability, and age discrimination and harassment in retaliation for alerting Defendants to multiple ongoing legal violations. Defendants move for an order compelling the Plaintiff to amend t...

Excerpt: ...reach of contract and related claims. Plaintiff alleges that she entered into an agreement with Defendant Film Foetus to develop a feature-length documentary about her deceased husband's life and that Defendants failed to perform certain obligations under the agreement. Having succeeded in part on their anti-SLAPP motion under CCP § 425.16, Defendants now move for attorney's fees and costs under CCP § 425.16(c)(1). TENTATIVE RULING: Defendants'...

Excerpt: ...olved law corporation. The corporation was dissolved in 2014, and the sole practitioner and shareholder died in 2016. Plaintiff moves to strike the answer of the Estate of William J. Houser in its entirety. TENTATIVE RULING: Plaintiff's Motion to Strike the entirety of the answer filed by the Estate of William J. Houser is GRANTED. DISCUSSION Meet and Confer Before filing a motion to strike, the moving party shall meet and confer in person or by ...

Excerpt: ...th their positions on the appropriate scope of the stay pending appeal. Having reviewed the parties' submissions, the Court now rules. At the outset, the Court notes Defendant Davis' suggestion that the Court lacks the authority to order briefing on the scope of its jurisdiction during the pendency of the appeal, arguing that the stay pending appeal under Code of Civil Procedure section 916(a) is “automatic” and leaves no room for the Court t...

Excerpt: ...Defendant Bank of the West RESPONDING PARTY(S): (1 and 2) CLS Defendants; (1 only) Bank of the West (not opposing; (2 only) Delano Retail Center West, LLC;) CASE HISTORY: • 10/30/14: Complaint filed. • 04/13/15: Notice of removal filed. • 07/14/15: Order for remand filed. • 10/15/15: First Amended Complaint filed. • 01/25/16: Second Amended Complaint filed. • 12/30/20: Remittitur issued. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:...

Excerpt: ... PARTY(S): None (no opposition on eCourt as of 4/26/2022) STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Ana Vaca and her husband, German Valera, allege that in a case entitled Vaca v. Vaca, the court awarded Vaca's brother, Enrique Vaca, a judgment against her in the sum of $158,565.89. Enrique Vaca represented to his attorney Howard that he did not want to sell his mother's house to satisfy the judgment. It is alleged that, despite E...

Excerpt: ...• Correct Address: Yes. • 16/21 (CCP § 1005(b)): OK. Served by email on March 28, 2022. CASE HISTORY: • 06/19/19: Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 10, 2019, Plaintiff, a full-time office manager, filed a lawsuit against Defendants Active Plus Home Health Care, Inc., Marjan Pourharandi and Helen Mohsenzadeh (collectively “Defendants”) alleging the following claims: (1) failure to pay wages pursuan...

Excerpt: ... action for wrongful attachment and abuse of process. Defendant prevailed on an Anti-SLAPP motion to strike under Code of Civil Procedure section 425.16, and now seeks attorney's fees in the amount of $27.618.50 and costs in the amount of $979.25. TENTATIVE RULING: Defendant's motion for attorney's fees and costs is GRANTED in the amount of $25,823.50 in attorney's fees and $979.25 in costs, representing the reasonable fees and costs incurred in ...

Excerpt: ...poration CASE HISTORY: • 06/14/18: Complaint filed. • 07/27/18: Notice of removal filed. • 08/07/18: Order for remand filed. • 08/08/18: Cross-Complaint filed. • 09/10/18: First Amended Cross-Complaint filed. • 09/11/18: “First” Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In the Complaint, Plaintiff alleges that Defendants breached an agreement to compensate Plaintiff for writing software source ...

Excerpt: ... 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 in violation of Penal Code section 496, conversion, intentional interfer...

Excerpt: ...RIAL FACTS AND/OR PROCEEDINGS: On August 26, 2020, Plaintiff filed a complaint against the Housing Authority of the City of Los Angeles (HACLA), erroneously named as 2600 Wilshire Boulevard, alleging fraud. Defendant demurs to the Complaint in its entirety. TENTATIVE RULING: Defendant's demurrer to the Complaint is SUSTAINED with leave to amend. DISCUSSION: Defendant demurs to the Complaint in its entirety on the grounds that the Complaint fails ...

Excerpt: ...PONDING PARTY(S): No opposition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: In their Complaint filed on August 20, 2020, Plaintiffs allege that they were subjected to uninhabitable conditions in an apartment building owned by Defendant Jacqueline Lenore James. Petitioners bring a petition to approve three minors' compromises of their claims in the pending action. TENTATIVE RULING: The Court approves the Petitions to Confirm the Minors'...

Excerpt: ...C; Gibran Begum. RESPONDING PARTY(S): Yoav Botach; YB Real Estate Properties I, LLC. 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 Kyriakos Kerry Bonnis for well below its listed price. Plaintiffs allege causes of action for breach of fiduciary duty, fraud, decl...

Excerpt: ...EEDINGS: On October 28, 2019, plaintiff Ana Liza Filio (“Plaintiff”) filed the instant action's Complaint and on November 9, 2020, filed the instant action's Third Amended Complaint (“TAC”) against defendant Newrez LLC fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing (also erroneously sued as Shellpoint Mortgage, LLC) (hereinafter “Defendant”), among others, asserting the following eight causes of action: (1) Breach Of Co...

Excerpt: ...n Technologies, Inc., Defendant and Cross-Complainant Superior Herbal Health, LLC d/b/a The Clinik LA. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, open book account, and goods sold and delivered. Plaintiff Event Horizon Technologies, Inc. alleges that Defendant Superior Herbal Health, LLC, d/b/a The Clinik LA, has failed to pay Plaintiff for product delivered pursuant to a contract for goods. Defendan...

Excerpt: ...f alleges that he purchased a new 2016 Mercedes-Benz C300W that developed serious defects, including engine problems. Defendant moves to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendant Mercedes-Benz USA, LLC's motion to compel binding arbitration is GRANTED. This litigation is ordered stayed pending arbitration pursuant to CCP § 1281.4. Any and all future dates are advanced and vacated....

Excerpt: ...LAINT MOVING PARTY: (1) Defendants Arnetta Counts, Marina Cooper, and Deitra Whitaker (2) (3) Defendant County of Los Angeles RESPONDING PARTY(S): (1) (2) (3) Plaintiff Robert Ware STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action commenced on February 8, 2021. In his Second Amended Complaint, Plaintiff alleges discrimination, harassment, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealm...

Excerpt: ...CAST PARTS, INC. (3) REQUEST FOR SANCTIONS IN CONNECTION WITH MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION (SET THREE) FROM DEFENDANT CAST PARTS, INC. (4) REQUEST FOR SANCTIONS IN CONNECTION WITH MOTION TO COMPEL FURTHER RESPONSES TO WRITTEN INTERROGATORIES FROM DEFENDANT CAST PARTS, INC. MOVING PARTY: Plaintiff Jessica Magee RESPONDING PARTY(S): Defendant Cast Parts, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...t filed. • 05/26/21: First Amended Complaint filed. • 07/14/21: Dismissal entered as to Connie M. Fickel and Tamar Yeghiayan. • 07/14/21: Dismissal entered as to Tristan Mullis as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Tom Ingrassia as to the third CoA for declaratory relief. • 07/14/21: Dismissal entered as to Pettit Kohn as to the third CoA for declaratory relief. STATEMENT OF MATERIAL FACTS AND/O...

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

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

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

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

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

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

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

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

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

Excerpt: .../OR PROCEEDINGS: This is an employment case filed on April 8, 2020. Plaintiff Phillip Pivovaroff (“Plaintiff”) alleges that, prior to accepting the offered position, Defendants made false promises regarding the nature of job in order to induce acceptance. (Compl. ¶¶ 11-12.) Further, Plaintiff alleges that Defendants violated the Fair Employment and Housing Act despite being aware of his disabilities and his requests for accommodation. (Comp...

Excerpt: ...n as 1415 W. 69th Street, Los Angeles, California 90047 (the “Property”). Plaintiff Ruben Pocasangre (“Plaintiff”) alleges that he and Defendant Eliberto Pocasangre (“Defendant”) jointly own the Property. In this action, Plaintiff seeks to sell the Property, and therefore, seeks a partition of his interests. On February 16, 2021, Plaintiff filed his complaint against Defendant and Does 1 to 10 for: (1) partition; and (2) accounting. P...

Excerpt: ...Group, a medical corporation 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 they contracted with Defendants to help them hav...

Excerpt: ...t as of January 7, 2022. CASE HISTORY: • 08/25/17: Complaint filed. • 06/22/18: Default entered as to The Financial Systems Company, LLC; 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 ...

Excerpt: ...o response on eCourt as of January 7, 2022. PROOF OF SERVICE: • Correct Address: Yes. • 16/21 (CCP § 1005(b)): OK. Served by email on Defendant's then-counsel (who has since been relieved) on November 8, 2021. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wrongful termination action that was filed on October 20, 2020. Plaintiff alleges that Defendant discriminated against him based on his disability and refused to grant reasonabl...

Excerpt: ...retaliation, and harassment by the LAPD after she was found asleep (and intoxicated) in her police vehicle with a subordinate. On June 10, 2019, the Court granted Defendant's motion to stay the proceedings pending resolution of Plaintiff's verified Peremptory Writ of Mandate in another proceeding, Case No. 19STCP00781. The stay was lifted on April 22, 2021. Plaintiff moves for leave to file a first amended complaint. TENTATIVE RULING: Plaintiff N...

Excerpt: ... offer of compromise under CCP § 998. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This was a Song-Beverly Act case, in which Plaintiff alleged that she leased a 2017 Jeep Compass that was defective. The parties settled, and Plaintiff now moves for an award of attorney's fees and costs. TENTATIVE RULING: Plaintiff Jalinous Nehouray's motion for attorney's fees is GRANTED IN PART in the amount of $70,000 in attorney fees and $8,419.40 in costs...

Excerpt: ...GS: This petition relates to a pending arbitration proceeding brought by Respondent Sharmin Hossain against her former employer and supervisors, Petitioners DH Northridge, LLC, Farbod Mazloumi, and Farhood Mazloumi, under an arbitration agreement provided to her during her employment at Petitioners' “Dog Haus” restaurant. Respondent alleges that Farbod Mazloumi and Farhood Mazloumi sexually harassed her and that she was not paid all her earne...

Excerpt: ...tion filed on July 10, 2020. Plaintiff alleges that the 2018 GMC Yukon that he purchased in 2019 had various defects, including a defective engine and defective lighting system. Plaintiff moves to compel the deposition of the PMK for General Motors. TENTATIVE RULING: Plaintiff's motion to compel the deposition of the PMK for General Motors LLC is GRANTED as to Category 5, GRANTED IN PART as to Categories 1-4, 6-12, 14, and 15, and DENIED as to Ca...

Excerpt: ...EMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on June 8, 2020. Plaintiff alleges that the new Chevrolet Equinox she purchased had various defects, including the engine and related systems, check engine light, loud noise on startup, fuel pump, and others that Defendant General Motors, LLC failed to repair despite Plaintiff presenting it for repairs multiple times. Plaintiff alleges breach of express warranty, breach ...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for libel per se. Plaintiffs allege that Defendants have engaged in a campaign to disparage Plaintiff Lozano and his ministry, Plaintiff Changing People's Lives, Inc. Defendant moves to strike the complaint under CCP § 425.16. TENTATIVE RULING: Defendant's special motion to strike (anti-SLAPP) Plaintiff's complaint pursuant to CCP § 425.16 is DENIED. DISCUSSION: Special Motion To Stri...

Excerpt: ...1/20: Cross-Complaint filed by Natural Concepts Marketing Group, Inc. • 04/23/21: EVH, LLC substituted for Doe 1 in Cross-Complaint. • 07/20/21: Dismissal entered on Cross-Complaint as to Cross-Defendants AdSupply, Inc. and Justin Bunnell STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract action. Plaintiff alleges that Defendants have not paid Plaintiff for its advertising and media services. This case is related to ...

Excerpt: ...e Defendants have violated Proposition 65 by selling consumer products containing toxic chemicals. Plaintiff moves to approve and enter a consent judgment between Plaintiff and Defendant TJX Companies, Inc. TENTATIVE RULING: Plaintiff's motion to approve and enter consent judgment between Plaintiff Consumer Advocacy Group, Inc. and Defendant TJX Companies, Inc. is CONTINUED to January 18, 2022, at 9:00 a.m. Plaintiff is to file a supplemental dec...

Excerpt: ...l entered as to Defendant Urth Caffe Corporation. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action for various Labor Code violations. Defendant moves for summary judgment or adjudication. TENTATIVE RULING: Defendant's motion for summary judgment is DENIED. Defendant's alternative motion for summary adjudication is DENIED. DISCUSSION: Motion For Summary Judgment As discussed below, Defendant has not demonstrated that it is ent...

Excerpt: ...ess: Yes. • 16/21 (CCP § 1005(b)): OK. Served by email on September 3, 2021. CASE HISTORY: • 01/31/20: Complaint filed. • 04/30/20: Default entered as to Gustavo M. Ungo, Jr. individually and as trustee. • 10/21/20: Default set aside. • 02/05/21: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendants fraudulently transferred 31 properties to avoid the execution of a judgment and...