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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...