Excerpt: ... Amended Complaint filed. 09/01/16: Second Amended Complaint filed. 02/06/23: Judgment entered for Defendants. STATEMENT OF FACTS Plaintiff alleged that Defendants breached their fiduciary duties to a limited liability company by giving an easement to an entity Defendants owned which benefited Defendants. Plaintiff moves to tax select costs identified in Defendant Leebove's memorandum of costs. TENTATIVE RULING: Plamtiffs Motion to Tax Costs is G...

Excerpt: ...as filed on August 23, 2022. Plaintiff alleges that the corporate Defendants allowed individual Defendant Pierre Williams to install a hidden camera in the women's restroom at Plaintiffs place of employment Defendant Apex Protection Service, Inc. moves for a determination of good faith settlement TENTATIVE RULING: Defendant Apex Protection Sewice, Ines motion for determination of good faith settlement is GuNTED. DISCUSSION: Defendant Apex Protect...

Excerpt: ...23 CASE HISTORY: 07 /01/20: Complaint filed. 09/21/20: Dismissal entered as to Defendant Urth Caffe Corporation. 03/10/22: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a PAGA action for various Labor Code violations. Plamtiffs move for an order approving a proposed PAGA settlement TENTATIVE RULING: For all the reasons explained below, the Court finds that the proposed settlement is fair and reasonable and...

Excerpt: ...N PART with respect to the request for a broad exclusion order but GRANTED IN PART, in that the Court orders Plaintiff to identify in wr-ting the witnesses and exhibits she will be offering to demonstrate discrimination, harassment and/or retaliation allegedly suffered by Plaintiffs coworkers. Defendant's motion fails to identify the specific evidence it seeks to exclude so the Court cannot determine whether any evidence should be barred as irrel...

Excerpt: ...tter STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action that was filed on June 15, 2022. Plaintiff alleges that Defendants unlawfully withheld an employee's back pay and wrongfully terminated her in retaliation for contacting the Labor Commission. Defendant Leon Turner filed a Cross-Complainton September 12, 2022 against Cross-Defendant Teresa Trotter. Cross Defendant demurs to the Cross-Complaint in its entirety. TENTAT...

Excerpt: ...n 2013 Family Trust RESPONDING PARTY(S): Plaintiff George Adam Adanuan, individually and as Trustee of the George Adamian Living Trust CASE HISTORY: 09/12/22: Complaint filed. 04/18/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a quiet title action. Plaintiff alleges that Defendants improperly foreclosed on a parcel of real property owned by Plaintiff through the use of a fraudulent deed of trust Defen...

Excerpt: ...D/OR PROCEEDINGS: This was a petition for writ of mandamus filed on December 20, 2020. Plaintiff now alleges through his First Amended Complaint filed on December 6, 2022, 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 in] ured and his civil rights violated when his vehicle was allegedly un...

Excerpt: ...STORY: 07 /31/20: Complaint filed (this case) 12/11/20: First Amended Complaint filed (this case) 04/18/22: Complaint filed (consolidated case) 07/11/22: Consolidation ordered. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a personal injury action. Plaintiffs allege that a gas line in the house they rented exploded because the plastic gas pipe which was installed in the house was defective. Plamtiffs bring a petition to appmve a minor's...

Excerpt: .../a Regents Point— Windcrest and Humangood STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an elder abuse action that was filed on Februaty 6, 2023. Plaintiffs allege that Shirin Amighi, who is elderly, was a short-term resident of a nursing home operated by Defendants while recovering from surgery for a fractured hip sustained from a fall at her home. Plaintiffs allege that, during her stay, Amighi suffered a second fracture to the same...

Excerpt: ...Cross-Petitioners The Enterprise; Gilad Lumer, individually and as the Designated Family Representative of Family 1; Harry Lumer, Sr., individually and as the Designated Family Representative of Family 2; Stuart Rubin, individually and as a Representative of Family 4; and David Wank, individually and as the Representative of Family 5. 05/21/19: Petition to Vacate or Alter Arbitration Award filed. 06/28/19: Cross-Petition to Confirm Arbitration Aw...

Excerpt: ...ded Complaint, filed 22: 201 S: Plaintiff alleged that he purchased a new 2011 Kia Optima ivhich had serious engine defects. Plaintiff alleges multiple violations of the Song-Beverly Consumer Warranty Act and fraudulent omission by Defendant in concealing the engine defects Plaintiff now mowe for an award of attorney's fees, costs: and expenses pursuant to a settlement _ TENTATIVE RULING: Plaintiffs Motion for Attomey's Fees, Costs, and Exrrnses ...

Excerpt: ...n lead case. 06/14/21: First Amended Complaint filed in lead case. 09/13/21: Second Amended Complaint filed in lead case. 06/07/22: Complaint filed by Plaintiff Nancy Allen in this case. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract, fraud, product liability, and negligence arising from a defective stair lift. Defendants demur to the Complaint filed by Nancy Allen in its entirety as it pertams to Lloyd K...

Excerpt: ...ESPONDING PARTY(S): Defendants/Cross-Complainants George Zakharia and Hoda Zakharia CASE HISTORY:  10/14/15: Complaint filed.  11/16/15: Cross-Complaint filed.  04/23/18: Compulsory Cross-Complaint filed.  06/07/18: First Amended Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action to quiet title by adverse possession. Plaintiff/Cross-Defendant Paul Krzemuski moves for summary judgment on the first ...

Excerpt: ...FACTS AND/OR PROCEEDINGS: Plaintiffs, a podiatrist and an ENT doctor, filed this action 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 its manager, Gary Bellman, move for summary judgment or summary adjudication of all causes of action TENTATIVE RULING: Defendants'...

Excerpt: ... for employment discrimination that was filed on November 2, 2021. Plaintiff alleges that she was terminated for attendance issues related to her disabilities of debilitating menstrual cramps and epilepsy. Plaintiff is claiming damages for emotional distress, stress, anxiety, depression, menstrual pain or other abnormalities associated with menstruation, and epilepsy. Defendant issued a subpoena to Kaiser Permanente to obtain all records from Pla...

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...ery. The Court cannot grant this motion in limine because it fails to identi$ any specific evidence or documents sought to be excluded. Nor has Plaintiff shown that specific evidence was sought and withheld during discovery. In general, a party who has responded to formal written discovery has no affirmative dut•yto supplement its responses when new information comes into its possession. (Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, ...

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

Excerpt: ...d. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and negligence case. Plaintiffs contend that Defendants failed to pay the entirety of Plaintiffs' insurance claims following the loss of their home in the Woolsey Fire, and mishandled Plamtiffs' insurance coverage. Defendant State Farm General Insurance Co„ Inc. moves for summary adjudication on a single issue of duv. TENTATIVE RULING: Defendant's Motion for Summary...

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

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

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

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

Excerpt: ...ntiff contends that Defendant is fraudulently claiming ownership of the property in which Plaintiff resides and which he contends that he owns. Defendant specially moves to strike the complaint in its entirety under Code of Civil Procedure section 425.16 TENTATIVE RULING: Defendant's Special Motion to Strike is DENIED. DISCUSSION: Defendant's Request for Judicial Notice Defendant requests that the Court take judicial notice of (1) a Grant Deed tr...

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

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

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

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

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

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

Excerpt: ... Mullis; John Haubrich, Jr., John L. Barber, Armine Antonyan, and Lewis Brisbois Bisgaard & Smith, LLP PROOF OF SERVICE:  Correct Address: OK.  75/77/80 (Code Civ. Proc. § 437c): OK. Served by email on August 20, 2022 CASE HISTORY:  02/10/21: Complaint filed.  05/26/21: First Amended Complaint filed.  07/14/21: Dismissal entered as to Connie M. Fickel and Tamar Yeghiayan.  07/14/21: Dismissal entered as to Tristan Mullis as to ...

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

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

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

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

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

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

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