Excerpt: ... Marcelus Laidler ex rel Debra Legans' second amended complaint is overruled as to the 1 st cause of action and sustained with 20 days leave to amend as to the 2nd, 4th, and 6th causes of action; and sustained without leave to amend as to the 5th cause of action. Defendants' motion to strike is denied as moot. The Court, sua sponte, strikes Plaintiff's allegations in the 7th, 8th, and 9th causes of action against USC, as Plaintiff was not granted...

Excerpt: ...n's, and William Lee's demurrer to Plaintiff LACAA, LLC's first amended complaint is overruled as to the 1st, 2nd, and 4th causes of action. Defendants Redpoint Investments, Inc. (“Redpoint”), Arthur Yoon (“Yoon”), and William Lee (“Lee”) (collectively, “Moving Defendants”) demur to the 1st, 2nd, 3rd, and 4th causes of action [1] in Plaintiff LACAA, LLC's (“LACAA”) (“Plaintiff”) first amended complaint (“FAC”). (Notice...

Excerpt: ...nd severally, is denied. Defendant Arakelian Enterprises, Inc. dba Athens Services (“Athens”) (“Defendant”) moves for an order of monetary and nonmonetary sanctions against Plaintiff WasteXperts, Inc. (“WasteXperts”) (“Plaintiff”) and its attorney of record, Christopher Frost, and the law firm, Frost LLP, jointly and severally. (Notice of Motion, pg. 1; C.C.P. §128.7.) Defendant requests this Court impose terminating sanctions, m...

Excerpt: ...Cecile Victorian 2005 Trust (“Randall”) (“Petitioner”) moves for an order awarding her attorneys' fees and costs in the amount of $28,962.37 against Respondent Sheldon McKinzie (“McKinzie”) (“Respondent”) as the prevailing party on her Petition to Cancel Mechanics' Lien. (Notice of Motion, pgs. 1-2; CRC, Rule 3.1702; Civ. Code §8488(c); C.C.P. §§1032, 1033.5.) Petitioner seeks to recover $28,221.25 in attorneys' fees and expens...

Excerpt: ...Constantine Z. Pamphilis (“Pamphilis”) to appear pro hac vice. (Notice Pro Hac Vice, pg. 2; CRC, Rule 9.40.) Petitioners Dr. Paul C. Broun's (“Broun”), Sheri Gilligan's (“Gilligan”), and Voter GA's (“Voter GA”) (collectively, “Petitioners”) petition for an order compelling Non-party Los Angeles District Attorney's Office's (“LADA”) Custodian of Records and Evidence to comply with Petitioners' second subpoena duces tecum, s...

Excerpt: ...ervice of the summons on the grounds Plaintiff Jeffrey Ito (“Ito”) (“Plaintiff”) erroneously named “USC Department of Public Safety,” which is an improperly named party, and service of Summons and Complaint was not made according to any of the statutorily authorized methods for service. (Notice of Motion, pg. 2; C.C.P. §418.10(a)(1).) Background On July 25, 2023, Plaintiff filed the operative Complaint and Summons on Complaint agains...

Excerpt: ... Defendants Ford Motor Company (“Ford”) and Bob Wondries Ford (“Bob Wondries”) (collectively, “Defendants”) demur to Plaintiffs Virginia Diaz's (“Virginia”) and Juan Diaz's (“Juan”) (collectively, “Plaintiffs”) complaint (“Complaint”). (Notice of Demurrer, pg. 1.) Meet and Confer Before filing a demurrer, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to...

Excerpt: ... is granted against Plaintiff and his counsel, Robert Gentino, in the reduced amount of $1,868.91. Sanctions are payable within 20 days. Defendant Robert Yager's motion to compel further responses from Plaintiff Blackburn Holdings, LLC, to Defendant's Special Interrogatories (Set One) is granted. Plaintiff is to provide further responses within 20 days. Defendant's request for sanctions is granted against Plaintiff and his counsel, Robert Gentino...

Excerpt: ...against Defendant Sergio Villanueva-Arrivillaga (“Villanueva-Arrivillaga”) (“Defendant”) on the grounds that Defendant entered into a Stipulation for Settlement with Plaintiff (“Settlement”) but has failed to comply with the terms of the Settlement. (Notice of Motion, pg. 1; C.C.P. §664.6.) Background On March 8, 2022, Plaintiff filed its complaint against Defendant alleging a single cause of action for breach of contract. On May 11,...

Excerpt: ...st for monetary sanctions against Defendant is granted in the amount of $3,911.65, payable within 20 days. Plaintiff Timothy Hennessy (“Hennessy”) (“Plaintiff”) moves to compel the deposition of Defendant Robert Assil (“Assil”) (“Defendant”) to appear for deposition and produce documents. (Notice of Motion, pgs. 1-2; C.C.P §2025.480.) Plaintiff also moves for an order awarding monetary sanctions against Defendant in the amount of...

Excerpt: ...d cause of action, and overruled as to the 3rd, 4th, and 5th causes of action. Cross‐Defendants Pinnacle Estate Properties, Inc.'s and Jeremy Rodriguez's motion to strike is denied as moot. The Court, sua sponte, strikes Cross‐Complainant's allegations against Pinnacle Cross‐ Defendants in the 1st, 6th, 7th, and 8th causes of action and strikes Cross‐Complainant's 9th cause of action in its entirety, as Cross‐Complainant was not granted...

Excerpt: ...causes of action. Defendants' demurrer to Plaintiff's 7th cause of action is sustained without leave to amend as to Headway. Defendants' demurrer to Plaintiff's 3rd cause of action is sustained without leave to amend. Defendants JHPDE SPV II, LLC [erroneously sued as JHPDE SVP II, LLC] (“SPV II”), Paradigm Assets Management, LLC (“PAM”), and Headway Capital, LLC (“Headway”) (collectively, “Defendants”) demur to pro per Plaintiff W...

Excerpt: ...st for sanctions is granted in the reduced total amount of $2,365.00 against Jisuk Kim and her counsel of record, Gary A. Laff. Sanctions are payable within 30 days. Plaintiff Eok Jin Kim's motion to compel further responses from Defendant Chris J. Lee to Plaintiff's Form Interrogatories‐ General (Set One) No. 15.1 is granted. Defendant Chris J. Lee is to provide further responses within 7 days. Plaintiff's request for sanctions is granted in t...

Excerpt: ...Robert Gentino (“Gentino”) (“Cross-Defendant”) moves unopposed against pro per Cross-Complainant Hormoz Pourat (“Hormoz”) (“Cross-Complainant”) for an order awarding reasonable expenses and attorney's fees in the amount of $6,437.82 against Cross-complainant on the basis the first amended cross-complaint (“FACC”) is (1) presented primarily for an improper purpose; and (2) the claims and legal contentions are not warranted by e...

Excerpt: ...ard, and Jacob only. Moving Defendants' demurrer to Plaintiff's 3rd cause of action is overruled. Moving Defendants' demurrer to Plaintiff's 4th, 5th, and 6th causes of action are sustained with 20 days leave to amend. Moving Defendants' demurrer to Plaintiff's 7th cause of action is sustained with 20 days leave to amend, with the condition that Moving Defendants reallege alter ego in its general factual allegations and not as a standalone cause ...

Excerpt: ...dant Mercedes-Benz USA, LLC (“Mercedes-Benz”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §§1794(d), 1780(e).) Background This is a lemon law action brought under the Song-Beverly Consumer Warranty Act (“Song- Beverly Act”). Plaintiff accepted Defendant's C.C.P. §998 offer of compromise (“998 Offer”) on May 4, 2023, in the amount of $20,000.00 plus attorney's fees, costs, and expenses by motion. (P-COE, Exh. 1.) On Augus...

Excerpt: ...'s, and Nehemiah Smith's first amended complaint is granted with 20 days leave to amend. Defendants Henry Arce's and Elizabeth Arce's unopposed motion to strike portions of Plaintiffs Sherry Smith's, Marquis Smith's, Jeremiah Smith's, Faith Smith's, Joseph Smith's, and Nehemiah Smith's first amended complaint is granted with 20 days leave to amend. Moving Defendants Willabee Property Management (“WPM”), Rebecca Proo (“Rebecca”), and Micha...

Excerpt: ... counsel of record is denied. The Court, sua sponte, reconsiders its March 15, 2023, Ruling granting Petitioner's unopposed motions to compel Navid Faizi to provide responses to Petitioner's Special Interrogatories (Set One), Form Interrogatories (Set One), and Request for Production (Set One). Petitioner's Motions to Compel Special Interrogatories (Set One), Form Interrogatories (Set One), and Request for Production (Set One) is denied. Petition...

Excerpt: ...ant Robert Gentino (“Gentino”) (“Cross-Defendant”) moves unopposed against pro per Cross-Complainant Hormoz Pourat (“Hormoz”) (“Cross-Complainant”) for an order awarding reasonable expenses and attorney's fees in the amount of $6,437.82 against Cross-complainant on the basis the first amended cross-complaint (“FACC”) is (1) presented primarily for an improper purpose; and (2) the claims and legal contentions are not warranted ...

Excerpt: ...d amount of $618.15. Plaintiff Robert Palos (“Palos”) (“Plaintiff”) moves for an order awarding his attorneys' fees, costs, and expenses against Defendant General Motors, LLC (“GM”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §1794(d); C.C.P. §998.) Plaintiff requests the following fees and costs: (1) $28,282.91 in attorney time billing and costs; and (2) $5,000.00 Plaintiff has already incurred or will incur associated w...

Excerpt: ...unopposed demurrer to the complaint of Plaintiffs Supershuttle International, Inc. and Supershuttle Franchise, Corporation is sustained as to the 2nd cause of action without leave to amend. Defendant Arcadia Transit, Inc.'s unopposed motion to quash Plaintiffs' deposition subpoena for business records issued to East West Bank is granted. Defendant Arcadia Transit, Inc.'s request for attorneys' fees incurred in connection with its motion is grante...

Excerpt: ... is denied on the basis this Court does not find that Defendants' special motion to strike was frivolous or solely intended to cause unnecessary delay. Defendants Janelle Holden, D.D.S. (“Holden”) and Janelle Holden, D.D.S., Inc. (“Holden Practice”) (collectively, “Defendants”) move to strike the complaint of Plaintiff Dr. Maryam Bakhtiyari, D.D.S. (“Bakhtiyari”) (“Plaintiff”) on the grounds that (1) each cause of action in Pl...

Excerpt: ...ni (“Hooman”), and Ebrahim Nissani (“Ebrahim”) (collectively, “Plaintiffs”) move to tax costs requested by Defendant Broadway Federal Bank f.s.b. (“BFB”) (“Defendant”) in their entirety on the basis Defendant's costs memorandum is entirely vague and fails to outline the items encompassed in the $5,382.73 figure such that it cannot be established that such costs are reasonably necessary to the litigation or whether the costs ar...

Excerpt: ...considers its February 8, 2023, order (“2/9/23 Ruling”) granting Defendant Nissan North America, Inc.'s (“Nissan”) (“Defendant”) motion to compel arbitration. (Notice of Motion, pg. 2.) Request for Judicial Notice Plaintiffs' 10/13/23 request for judicial notice of (1) Plaintiff's complaint filed on June 4, 2021, in the matter of Mark Kielar v. Hyundai Motor America, Alameda County Case No. RG21101556 (P-RJN, Exh. 1); (2) the Court Or...

Excerpt: ...rs its September 20, 2022, order (“9/20/22 Ruling”) granting Defendant American Honda Motor Co.'s (“AHM”) (“Defendant”) motion to compel arbitration. (Notice of Motion, pg. 2.) Procedural Background On September 23, 2021, Plaintiff filed operative complaint against AHM alleging two causes of action under the Song-Beverly Consumer Warranty Act, Civil Code §§1790 et seq. (“Song-Beverly”): (1) violation of Song-Beverly- breach of e...

Excerpt: ...ent Navid Faizi and his counsel of record is granted in the reduced amount of $560.00. Sanctions are payable within 20 days. Petitioner State Farm Automobile Insurance Co. (“State Farm”) (“Petitioner”) moves unopposed for terminating sanctions to dismiss and further bar Respondent Navid Faizi's (“Faizi”) (“Respondent”) demand for arbitration. (Notice of Motion, pg. 2.) Petitioner further moves for monetary sanctions in the amount ...

Excerpt: ...f the property designated in the complaint on file in this proceeding as Parcel 81710‐1 is granted. Plaintiff is authorized to take possession of Parcel 81710‐1 on Tuesday, January 30, 2024. Plaintiff The People of the State of California, acting by and through the California Department of Transportation (“State”) (“Plaintiff”) moves unopposed for an order for possession of the property designated in the complaint on file in this proc...

Excerpt: ...' request for attorneys' fees is granted in the reduced amount of $70,043.50, and Plaintiffs' costs is granted in the amount of $22,446.70. Plaintiffs Mario Galicia Rangel aka Mario Galicia (“Galicia”) and Daniela Espinosa De Los Monteros Gonzalez aka Daniela Espinosa (“Espinosa”) (collectively, “Plaintiffs”) move for an order awarding their attorneys' fees, costs, and expenses against Defendant American Honda Motor Co., Inc. (“AHM�...

Excerpt: ... Defendant's demurrer is sustained without leave to amend as to the 6th cause of action. Defendant's demurrer is overruled as to the 3rd cause of action. Defendant David Aschkenasy's motion to strike is denied as moot. Defendant David Aschkenasy (“Aschkenasy”) (“Defendant”) demurs to the 1st, 2nd, 3rd, and 6th causes of action in Plaintiffs Metro Entertainment, Inc.'s (“Metro”) and Gold Star Hospitality, LLC's (“Gold Star”) (colle...

Excerpt: ... matter as it pertains to Williams pending the resolution of pro per Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) pending appeal in the Second Appellate District (Case No. B331035). (Notice Motion, pg. 1; C.C.P. §916.) Procedural Background On March 23, 2023, this Court sustained in part and overruled in part Defendants Williams', US Storage Centers, Inc.'s, Westport Properties, Inc.'s, and Hawthorne Mini Venture, LLC's (collectiv...

Excerpt: ...“Castle Creek”) (“Defendant”) demurs to Plaintiff Dominick Martin's (“Martin”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pg. 1; C.C.P. §§430.10(e), (f); CRC, Rule 3.1320.) Defendant also moves to strike portions of the Complaint. (Notice of MTS, pgs. 2-2; C.C.P. §436.) Request for Judicial Notice Plaintiff's 11/28/23 request for judicial notice of “Guidance on Web Accessibility and the ADA” published o...

Excerpt: ...7 is granted. Defendants are to comply within 20 days of this ruling. Plaintiff's request for monetary sanctions is granted against Defendant is the amount of $2,160.00. Plaintiff Eileen Vines (“Vines”) (“Plaintiff”) moves to compel Defendant American Honda Motor Company, Inc. (“AHMC”) (“Defendant”) to comply with this Court's July 12, 2023 Ruling compelling Defendant to provide further responses to Plaintiff's Request for Product...

Excerpt: ...for December 9, 2024, at 8:30 a.m. The parties are directed to submit a joint statement five calendar days in advance, apprising the Court of the status of the arbitration. Defendant The Estate of Legacy EJY, Inc. f/k/a Enjoy Technology Inc. by and through Alan D. Halperin as Plan Administrator (“ETI”) (“Defendant”) moves to compel Plaintiff Hashani Pipersburgh (“Pipersburgh”) (“Plaintiff”) to arbitrate her claims and for an order...

Excerpt: ...s its December 20, 2022 order (“12/20/22 Ruling”) granting Defendants Mercedes-Benz USA LLC's (“MBZ”) and Silver Star A.G. Ltd.'s (“Silver Star”) (collectively, “Defendants”) motion to compel arbitration. (Notice of Motion, pg. 2.) Procedural Background On April 28, 2022, Plaintiff filed his operative complaint against Defendants alleging five causes of action under the Song-Beverly Consumer Warranty Act, Civil Code §§1790 et se...

Excerpt: ...fees and costs. Defendants Fox Normandie LP (“Fox Normandie”), Jeffrey Mitchell (“Mitchell”), and Belinda Hatcher (“Hatcher”) (collectively, “Defendants”) move unopposed to strike portions of the complaint (“Complaint”) of pro per Plaintiff Derrick Lamont Beverly (“Beverly”) (“Plaintiff”) on the grounds that Plaintiff's Complaint contains at least one allegation or more arising out of protected activity and Plaintiff c...

Excerpt: ... Navid Faizi and his counsel of record is granted in the reduced amount of $560.00. Sanctions are payable within 20 days. Petitioner State Farm Automobile Insurance Co. (“State Farm”) (“Petitioner”) moves unopposed for terminating sanctions to dismiss and further bar Respondent Navid Faizi's (“Faizi”) (“Respondent”) demand for arbitration. (Notice of Motion, pg. 2.) Petitioner further moves for monetary sanctions in the amount of ...

Excerpt: ...)(1)(B). Non‐Party Konnech Inc.'s motion for reconsideration is granted. The Court will reconsider Petitioners' petition to enforce subpoena duces tecum. Konnech is ordered to file its opposition to the petition by December 21, 2023. Petitioners are ordered to file their reply by January 11, 2024. The Court will hear the petition on Wednesday, January 17, 2024, at 8:30 am. Non-Party Konnech Inc. (“Konnech”) applies unopposed to permit Const...

Excerpt: ...ley Ulisky's unopposed demurrer to Plaintiff Swamp Capital LLC's complaint is sustained with 20 days leave to amend as to the 1st, 2nd, and 3rd causes of action. Defendants' demurrer is sustained without leave to amend as to the 4th cause of action. Defendants H.O.T.N. Holdings, LLC (“Holdings”), H.O.T.N. Club, Inc. (“Club”), Libra Hollywood, LLC (“Hollywood”), Libra Crenshaw, LLC (“Crenshaw”), Zaremy Inc. (“Zaremy Inc.”), J. ...

Excerpt: ...t confirm its contractual arbitration award issued in its favor and against Respondents 702 Saint Andrews, LLC (“702”), Manuel Bernal (“Bernal”), and Bernal Capital Group (“BCG”) (collectively, “Respondents”). (Notice of Petition, pg. 1.) Request for Judicial Notice Respondents' 4/6/23 request for judicial notice of (1) City of Los Angeles – Safer at Home (Exh. A); (2) City of Los Angeles Rent Freeze (Exh. B); (3) Safer at Home ...

Excerpt: ...0 days. Plaintiff's request for monetary sanctions against Defendant and its counsel of record, Erskine Law Group, is granted in the amount of $2,310.00. Defendant Jose Tapia (“Tapia”) (“Plaintiff”) moves to compel the deposition of Defendant General Motors LLC's (“GM”) (“Defendant”) person(s) most qualified and custodian of records (“PMQ”) to appear for deposition. (Notice of Motion, pg. 1; C.C.P §2025.450(a).) Plaintiff als...

Excerpt: ... of documents served on the custodian of records for Bank of the West (BMO Harris Bank, NA) c/o CT Corporation System, located at 330 N. Brand Blvd., Suite 700, Glendale, CA 91203, is denied. Allstate is directed to submit a protective order to the Court. The Court declines Healthcare Financial Solutions, LLC's request to award sanctions. Third‐Party Witness Healthcare Financial Solutions, LLC's motion to quash Plaintiff People of the State of ...

Excerpt: ...ssica Caldera, Min Zhou, Nadia Saban, Lily Saban, Arnaud Larousse, and Nima Razfar. Defendants DOE 101 Paola Caldera (“P. Caldera”), DOE 102 Mian Guo erroneously sued as Mian Gvo (“Guo”), DOE 103 Jia Shen (“Shen”), DOE 104 Yunying Li erroneously sued as Yun Ying Li (“Li”), DOE 105 Min Zhou (“Zhou”), DOE 112 Yavuz Ertas (“Ertas”), DOE 113 Nima Razfar (“Nima” or “N. Razfar”), DOE 114 Ali Razfar (“Ali” or “A. Ra...

Excerpt: ...ndent Navid Faizi. Background On November 12, 2021, Petitioner/Respondent State Farm Automobile Insurance Company (“Petitioner”) filed a petition so as to move to compel discovery responses in its uninsured motorist arbitration action. On December 6, 2021, Petitioner filed 3 separate motions to compel discovery, all of which were GRANTED. On October 18, 2022, Petitioner filed a Motion for Terminating Sanctions, which was DENIED. Petitioner fi...

Excerpt: ...reditor of all funds held under levy. Plaintiff Eric Mintz (“Mintz”) (“Judgment Creditor”) petitions for a hearing to determine the validity of the third-party claim of Third-Party Claimant Euro Spec Motoring (“Euro Spec”) and for proper disposition of the property that is the subject of the Third-Party Claim. (Notice of Motion, pgs. 1- 2; C.C.P. §720.270.) Judgment Creditor seeks an order directing payment to be made directly to Jud...

Excerpt: ...e reduced total of $30,235.18. Plaintiffs Xavier Richie (“Richie”) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively, “Plaintiffs”) move to tax costs requested by Defendant Kia America, Inc. fka Kia Motors America, Inc. (“KA”) (“Defendant”) in the total amount of $25,433.72. (Notice Plaintiff Motion, pg. 1.) Plaintiffs move in the alternative to tax Defendant's costs as excessive, unreasonable and/or not r...

Excerpt: ...(“Yoon”), Yoon Chung Design, Inc. (“YCD”), and Ona by Yoon Chung, LLC (“Ona”) (collectively, “Defendants”) demur to the 1st through 6th causes of action in Plaintiff Adam Cohen's (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pg. 2.) Meet and Confer Before filing a demurrer, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agre...

Excerpt: .... Holdings, LLC (“Holdings”), H.O.T.N. Club, Inc. (“Club”), Libra Hollywood, LLC (“Hollywood”), Libra Crenshaw, LLC (“Crenshaw”), Zaremy Inc., J. Mills, Inc. PMOrdonez Company, Bau Inc., John Greenwood, Howard J. Mills, Pedro Ordonez and Bradley Ulisky alleging (1) breach of contracts; (2) fraud; (3) conversion; and (4) appointment of a receiver. A dispute arose between non-party Robert Fierro and the Defendants relating to Fierro...

Excerpt: ...nied as moot. Defendant FPI Management Inc. (“FPI”) demurs to the complaint of Plaintiffs Larisha Perkins and Isaiah Sampson (collectively, “Plaintiffs”) on the basis the complaint fails to state facts sufficient to constitute a cause of action against Defendants. (Notice of Demurrer at pp. 2-3.) FPI also moves to strike various portions of the complaint that compose of the following prayers for relief and their related allegations: “pu...

Excerpt: ...xpenses. Background On October 14, 2020, Plaintiffs Jack Simantob and 8451 Melrose LLC, (“Plaintiffs” or “Judgment Creditors”) filed a complaint against Defendants Michael S Drucker, Esq., Ian J. Singer, Esq., Foley, Bezek, Behle & Curtis, LLP (“Defendants” or “Judgment Debtors”). The complaint alleged one cause of action: Malicious Prosecution. On December 24, 2020, Plaintiffs filed a First Amended Complaint, which added Sina Akh...

Excerpt: ...s Inc. dba Athens Services (“Athens”) (“Defendant”) moves to strike the sole cause of action in the complaint of Plaintiff WasteXperts, Inc. (“WasteXperts”) (“Plaintiff”) on the ground this same dispute was previously determined to be subject to C.C.P. §425.16, resulting in an order striking the complaint in the previous dispute and the entry of judgment in favor of Athens. (Notice of Motion, pg. 1; C.C.P. §425.16.) Specifically...

Excerpt: ...ied as moot. Defendant Parsoda U.S.A., Inc. DBA Pacifica Wholesale Tile and Stone (“Parsoda”) (“Defendant”) demurs to Plaintiff Adan Gomez-Rivera's (“Gomez-Rivera”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §430.10(e).) Defendant also moves to strike portions of the FAC. (Notice of MTS, pgs. 2-3.) Background Plaintiff filed his initial Complaint on January 25, 2023. On March 2, 2023,...

Excerpt: ...intiffs' subpoena within 20 days of this motion, subject to a protective order that (1) limits use of the documents produced to only this action, and (2) limits access to the documents to the parties, their counsel, expert witnesses, court staff, and jurors. Defendant's request for sanctions is denied. Plaintiffs' request for reasonable costs in opposing this motion is denied. Defendant GM Gutierrez Construction Company, Inc. (“GM Gutierrez”)...

Excerpt: ... (“FMC”) (“Defendant”) on behalf of Quill and Arrow, LLP (“QA”) in the total amount of $123,701.39, reflecting (1) $82,282.50 in attorney fees for QA; (2) a 1.35 multiplier enhancement on the attorney fees (or $28,798.87); (3) $6,620.02 in costs incurred by QA; and (4) an additional $6,000.00 for Plaintiff's counsel to review Defendant's Opposition, draft the Reply, and attend the hearing on this Motion. (Notice of Motion, pg. 2; Civ....

Excerpt: ...ys leave to amend as to the 2nd, 3rd, 4th, 6th, 17th, and 25th causes of action, and overruled as to the 5th cause of action. Defendants Home Run Builders Inc.'s, Valley Vista 18 Project LLC's, Shachar Shabtay's, Anette Sharvit's, Shachar Sharvit's, and Asaf Asi Azami's motion to strike is denied as moot. Defendants Home Run Builders Inc. (“HRB Inc.”), Valley Vista 18 Project LLC (“Valley 18 LLC”), Shachar Shabtay (“S. Shabtay”), Anet...

Excerpt: ...f record, Law Offices of Maryann Gallagher, is denied. Defendant County of Los Angeles (“County”) (“Defendant”) demurs to Plaintiff Gia Nguyen's (“Nguyen”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pgs. 2-3; C.C.P. §§430.10(e), 430.30(a), 430.40(a), 430.41; CRC, Rule 3.1320.) County moves for sanctions against Plaintiff and her counsel of record, Law Offices of Maryann Gallagher, for bad faith tacti...

Excerpt: ... Control, Inc. (“Defendant”) moves for summary adjudication against Mario Joseph Espinosa and Gail Denise Espinosa (“Plaintiffs”) on the fourth cause of action for fraudulent concealment, fifth cause of action for breach of implied warranties, and punitive damages. Preliminarily, the reply is untimely. (Code Civ. Pro., § 1005.) Background On February 11, 2021, Plaintiffs Raymond Leyba, Karen Castillo-Leyba, Mario Joseph Espinosa, and Gai...

Excerpt: ...aint is: (1) overruled as to the 1st cause of action as to Victor Wang only; 2nd cause of action; 3rd cause of action as to Victor Wang only; 4th cause of action; 5th cause of action; 6th cause of action; and 7th cause of action; and (2) sustained without leave to amend as to the 1st cause of action as to Cyrus Investment, LLC, Optimal Property, LLC, Cub Capital, LLC, and SRS Infrastructure, LLC; 3rd cause of action as to Cyrus Investment, LLC, O...

Excerpt: ...ualified Domestic Trust [erroneously sued in his individual capacity] (“Rubin”) and Thomas K. Bourke (“Bourke”) (collectively, “Defendants”) move for an order quashing service of the summons on the grounds Plaintiff Michael Tusken (“Tusken”) (“Plaintiff”) has failed to obtain jurisdiction over Defendants in that the purported service upon Defendants was defective. (Notice of Motion, pg. 2; C.C.P. §418.10(a)(1).) Background On...

Excerpt: ...nted. Defendant Kia Motors America, Inc.'s request to be reimbursed $1,083.00 for fees reasonably incurred in opposing the instant motion is granted. Plaintiffs Elias Gonzelez Lorenzo aka Elias Gonzalez-Loreno (“Lorenzo”) and Ana Lazo (“Lazo”) (collectively, “Plaintiffs”), bring a motion for relief from this Court's May 11, 2023, order granting Defendant Kia Motors America, Inc.'s (“Kia”) motion for summary judgment or summary adj...

Excerpt: ...arousse's motion to quash trial subpoenas 3) Hearing on A.C.A.'s motion to quash trial subpoenas 4) Requests for Remote Appearances 5) Hearing on Motion for Judgment on the Pleadings 6) Statement of Decision 7) Final Status Conference 1) Order to Show Cause Why Min Zhou should not be sanctioned for failing to appear at trial in person Background Plaintiff timely served Min Zhou's counsel with a Notice to Appear at the trial of this matter. Ms. Zh...

Excerpt: ... enforcing compliance with the deposition subpoena it served nonparty witness Sunbelt Realty Services (“Sunbelt”). Defendant also seeks sanctions of $1,464 against plaintiff's counsel, The Morgan Law Group, for reasonable attorneys' fees and costs incurred as a result of this motion. Background On August 16, 2022, Plaintiff Clean Initiative LLC (“Plaintiff”) filed the instant action. On October 16, 2023, Plaintiff filed the operative Seco...

Excerpt: ...LLC, Inc. Plaintiff Harris argues these sanctions are justified based on (1) Defendants' refusal to timely and properly respond to Plaintiff's Form Interrogatories-Employment Law and Requests for Production of Defendants, (2) Defendants' assertion of invalid objections and conditions to production and (3) Defendants' refusal to properly meet and confer on those responses that were given. Plaintiff argues that, to date, Defendants still have not p...

Excerpt: ... denied as moot. Defendant Dev Air Solutions, Inc. (“Dev Air”) (“Defendant”) demurs to Plaintiffs Krysta Jamie's (“Jamie”) and Kaleb Gonzalez's (“Gonzalez”) (collectively, “Plaintiffs”) first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §§430.10(e), (f).) Defendant also moves to strike portions of the FAC. (Notice of Demurrer, pg. 2.) Background Plaintiffs filed their initial Complaint on May 3, 2023....

Excerpt: ...d of attorneys' fees and costs. Cross-Defendant Robert Gentino (“Gentino”) (“Cross-Defendant”) moves unopposed to strike the first amended cross-complaint (“FACC”) of pro per Cross-Complainant Hormoz Pourat (“Hormoz”) (“Cross-Complainant”) on the grounds that Cross-Complainant's FACC seeks damages arising out of the exercise rights of petition and free speech under the U.S. Constitution, and Cross- Complainant cannot establish...

Excerpt: ... unopposed motion to strike is denied as moot. Defendant Malin Asset Management, Inc. (“Malin Asset”) (“Defendant”) demurs unopposed to Plaintiff Billie Jean Whittenberg's (“Whittenberg”) (“Plaintiff”) [1] first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §§430.10(e), (f).) Defendant also moves to strike portions of the FAC. (Notice of MTS, pgs. 1-2; C.C.P. §§435, 436.) Background Plaintiff filed her i...

Excerpt: ... this ruling. Petitioner Blue Hill Specialty Insurance Company (“Blue Hill”) (“Petitioner”) moves unopposed for this Court to compel Non-party Arash Yaghoobian, M.D., to release Respondent Kian Rad's (“Rad”) (“Respondent”) medical records and medical billing records pursuant to the Deposition Subpoena for Production of Business Records personally served on January 9, 2023. (Notice of Motion, pgs. 1-2; C.C.P. §§1985.3, 2020.410; ...

Excerpt: ...Person concerning its financial condition appear at trial (Notice to Appear). The Court grants the motion to quash. Code of Civil Procedure section 1987 provides in relevant part, “In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or pers...

Excerpt: ...ays in advance, apprising the Court of the status of the arbitration. Defendant Feast Foods, LLC (“Feast Foods”) moves to compel Plaintiff Alejandra Padilla (“Padilla”) (“Plaintiff”) to arbitrate her claims and stay all proceedings in this action pending completion of arbitration. (Notice Compel Arbitration, pg. 1.) Evidentiary Objections Plaintiff's 10/17/23 evidentiary objections to the Reply Declaration of Jessica Warne (“Warne�...

Excerpt: ...ficial capacity as a Los Angeles County employee, demurs to pro per Plaintiff Robert Ware's (“Ware”) (“Plaintiff”) second amended complaint (“SAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §430.10.) Request for Judicial Notice Defendant's 7/6/23 request for judicial notice as to (1) the second amended complaint in LASC Case No. BC675757, Ware v. County of Los Angeles (D-RJN, Exh. A); (2) the Declaration of John Julian (“Julian”) in...

Excerpt: ...k, Ste. 100, Irvine, CA 92606, within 60 days of the hearing of this motion, on a date convenient to Moving Defendant's counsel's calendar. Defendant Benson Williams II's request in the alternative for issue, evidence, or terminating sanctions against Plaintiff is denied. Defendant Benson Williams II (“Williams”) (“Moving Defendant”) moves to compel Plaintiff Wesley Robbins (“Robbins”) (“Plaintiff”) to appear for an additional dep...

Excerpt: ...Blanke) is not privileged, is denied. Cross‐Defendants Jonathan Clark's, Adam Blanke's, and William Wilmarth's motion for a protective order and Cross‐Defendant/Cross‐Complainant WWC Corp's joinder to the motion for a protective order is granted. Cross-Complainant/Cross-Defendant Raymond Wang (“Raymond”) moves for an order determining that a June 8, 2023, email chain (“Email Chain”) between counselors Michael Narvid (“Narvid”) a...

Excerpt: ...even A. Medina (“Medina”) (“Plaintiff”) to arbitrate his individual claims and dismiss the underlying representative PAGA action. (Notice Compel Arbitration, pg. 2; C.C.P. §§1281 et seq., 1281.2; Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906.) Background On February 17, 2022, Plaintiff filed his operative Complaint in the instant action Defendant alleging one cause of action for civil penalties pursuant to the Private Att...

Excerpt: ...Commercial, LLC's, (“Staples LLC”) (“Defendant”) 38th affirmative defense, Equal Pay, to her complaint for damages (“Complaint”) on the basis there is no genuine issue as to any material fact, and Plaintiff is entitled to judgment in her favor as to the affirmative defense as a matter of law. (Notice of Motion, pg. 2; C.C.P. §437c(f).) Background On March 11, 2019, Plaintiff filed a Complaint against Defendant Staples LLC, asserting ...

Excerpt: ...of action. Defendants' demurrer to Plaintiff's complaint is sustained without leave to amend as to the 3rd and 7th causes of action with regards to Defendant Headway Capital, LLC. Defendants JHPDE SPV II, LLC [erroneously sued as JHPDE SVP II, LLC] (“SPV II”), Paradigm Assets Management, LLC (“PAM”), and Headway Capital, LLC (“Headway”) (collectively, “Defendants”) demur to pro per Plaintiff Wook Kim's (“Kim”) (“Plaintiff”...

Excerpt: ... depositions and produce documents within 10 days of this ruling. Defendants Pinnacle Estate Properties, Inc.'s, Jeremy Rodriguez's, and Sylvia Ena's request for sanctions is granted in the reduced amount of $1,390.00. Defendants Pinnacle Estate Properties, Inc.'s (“Pinnacle”), Jeremy Rodriguez (“Rodriguez”), and Sylvia Ena (“Ena”) (collectively, “Defendants”) move to compel Cross-Complainant Jose Solano [1] (“Solano”) (“Cro...

Excerpt: ...y, “Cross-Defendants”), in pro per, bring a motion to set aside and/or vacate the entries of default in this case as to Hormoz and Pourandokht for Cross-Complainant Shahram Moussazadeh's (“Moussazadeh”) (“Cross-Complainant”) Cross-Complaint (“Cross-Complaint”). (Notice of Motion, pg. 2.) Background Cross-Complainant's Cross-Complaint alleges three causes of action against Cross- Defendants Pourandokht, Hormoz, and Non-moving Cross...

Excerpt: .... Defendants Ratner Riverside Investment, LLC [erroneously sued as Ratner Riverside Investment] (“Ratner”) and Shaya Stauber (“Stauber”) (collectively, “Defendants”) request the Court confirm the final arbitration award in this matter and enter a judgment confirming the award. (Notice of Motion, pg. 2; C.C.P. §§1285, 1286, 1287.4, 1290.2.) Background This case arises out of multiple commercial tenancies concerning the real property ...

Excerpt: ... an order quashing service of the summons and complaint upon it on the grounds this Court lacks personal jurisdiction over it because Orica USA is a corporation formed under the laws of Delaware with its principal place of business in Colorado. (Notice of Motion, pg. 2; C.C.P. §418.10(a)(1).) Orica USA argues this Court lacks specific jurisdiction over it because Plaintiffs Craig Steven Roberts (“Craig”) and Carla Roxanna Roberts (“Carla�...

Excerpt: ...'s motion in the alternative for summary adjudication as to Plaintiff Slauson Gas Station, LLC's causes of action in their first amended complaint is denied on the basis its separate statement of fact is in violation of CRC, Rule 3.1350(d) and (h). Defendant Broadway Federal Bank, FSB, currently known as City First Bank (“Bank”) (“Defendant”) moves for summary judgment of Plaintiff Slauson Gas Station, LLC's (“Slauson”) (“Plaintiff�...

Excerpt: ... of the summons in C.C.P. §2025.210(b). (Notice of Motion, pg. 2.) Plaintiff filed the instant motion on October 2, 2023. On October 9, 2023, Non-party Davidson Kempner Capital Management, LP (“Davidson Kempner”) specially appeared to file an untimely opposition. On October 10, 2023, Plaintiff filed a response. Plaintiff objects to consideration of Davidson Kempner's untimely opposition. The Court, in its discretion, considers Davidson Kempn...

Excerpt: ...of $919.35. Defendants Toyota Motor Sales, U.S.A., Inc. (“TMS”) and John Elway's Crown Toyota (“Crown Toyota”) (collectively, “Defendants”) move to tax costs requested by Plaintiff Rhonda Savage (“Savage”) (“Plaintiff”) in their entirety. (Notice Motion, pg. 1; CRC, Rule 3.1700(b)(1).) Defendants move in the alternative to tax costs for Item 1 (filing and motion fees), Item 2 (jury fees), Item 4 (deposition costs), Item 5 (ser...

Excerpt: ...an order quashing service of the summons and complaint upon it on the grounds this Court lacks personal jurisdiction over it because Orica USA is a corporation formed under the laws of Delaware with its principal place of business in Colorado. (Notice of Motion, pg. 2; C.C.P. §418.10(a)(1).) Orica USA argues this Court lacks specific jurisdiction over it because Plaintiffs Craig Steven Roberts (“Craig”) and Carla Roxanna Roberts (“Carla”...

Excerpt: ... Plaintiff's request for sanctions is denied. Defendant's request for sanctions is denied. Plaintiff Eric Hosuk Yoon (“Yoon”) (“Plaintiff”) moves to compel the deposition of Defendant Cuckoo Homesys Co. Ltd.'s (“Cuckoo Homesys”) (“Defendant”) person(s) most knowledgeable (“PMK”), Bonhak Koo (“Koo”), to appear for deposition and produce documents. (Notice of Motion, pgs. 1-2.) CRC Violations CRC Rule 3.1354(b) provides in p...

Excerpt: ...ices after service of the summons in C.C.P. §2025.210(b). (Notice of Motion, pg. 2.) Plaintiff filed the instant motion on October 2, 2023. As of the date of this hearing, no opposition has been filed. Discussion Plaintiff requests that the Court issue an Order (1) granting leave to serve third-party discovery in this action, and (2) approving the Subpoena issued out of LASC directed at Davidson Kempner Capital Management, LP (“Davidson Kempne...

Excerpt: ..., Genchun Park, and Tony Park is sustained without leave to amend as to Reverend Park and Open Door. Moving and Joining Defendants' demurrer to Pastor Seo, Yong Ki, Chris, Genchun, and Tony on the basis of legal capacity to sue is sustained as to the SAC without leave to amend. Defendants Hun Sung Park's and LA Open Door Presbyterian Church's motion to strike is denied as moot. Defendants Hun Sung Park (“Reverend Park”) and LA Open Door Presb...

Excerpt: ...ight's, Frank Chessman's, and Ryan Chessman's motion in the alternative for summary adjudication as to Plaintiffs 10K Advertising LLC's and 10K Advertising, Inc.'s 1st, 2nd, 3rd, 4th, 5th, 6th, 8th, 9th, and 10th causes of action in their first amended complaint is denied. Defendants' motion for summary adjudication is granted as to the 7th cause of action. Defendants Alkaline 88, LLC (“A88”), Richard Wright (“Wright”), Frank Chessman (�...

Excerpt: ...nal Robertson Carwash Care Inc.'s (“NRCCI”) (“Plaintiff”) second amended complaint (“SAC”) in its entirety. (Notice of Demurrer, pg. 1.) Request for Judicial Notice Defendant's 9/28/23 request for judicial notice of the printout of the entity information obtained for Car Consultants, Inc. from the Nevada Secretary of State Business Entity Search Website, located at https://esos.nv.gov/EntitySearch/OnlineEntitySearch/ (D-RJN, Exh. 1), ...

Excerpt: ...mit simultaneous briefs on November 20, 2023, regarding Yeh v. Superior Court of Contra Costa County (Cal. Ct. App., Sept. 6, 2023, No. A166537) 2023 WL 5741703; Kielar v. Superior Court of Placer County (Cal. Ct. App., Aug. 16, 2023, No. C096773) 2023 WL 5270559; Montemayor v. Ford Motor Company (2023) 92 Cal.App.5th 958, review filed (Aug. 1, 2023); and Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324, review granted (July 19, 2023). Plaint...

Excerpt: ... cause of action in her complaint is denied. Defendant Staples Contract & Commercial, LLC, (“Staples LLC”) (“Defendant”) moves for a summary judgment Plaintiff Joyce Allen's (“Allen”) (“Plaintiff”) complaint for damages (“Complaint”) on the basis there is no genuine issue as to any material fact, and Defendant is entitled to judgment in its favor as a matter of law. (Notice of Motion, pg. 2; C.C.P. §§437c(a), (c).) Defendant...

Excerpt: ...ve to amend. Defendants Clyde Turner (“Turner”) and Alfred Luciani (“Luciani”) (collectively, “Defendants”) move unopposed for judgment on the pleadings asserted by Plaintiff Impact Solutions, LLP (“Impact Solutions”) (“Plaintiff”) in its first amended complaint (“FAC”). (Notice of Motion, pg. 2; C.C.P. §438; Evid. Code §452.) Defendant Val Serebryany (“Serebryany”) (“Defendant”) joins Turner's and Luciani's moti...

Excerpt: ...�) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively, “Plaintiffs”) move for an order awarding them attorneys' fees and costs against Defendant Kia America, Inc. fka Kia Motors America, Inc. (“KA”) (“Defendant”) on behalf of Knight Law Group (“KLG”) [1] in the total amount of $367,295.92, reflecting (1) $207,579.50 in attorney fees; (2) a 0.5 multiplier enhancement on the attorney fees (or $103,789.75); an...

Excerpt: ..., sua sponte, reconsiders its January 4, 2023, order (“1/4/23 Ruling”) granting Defendant Toyota Motor Sales, U.S.A., Inc.'s (“Toyota”) (“Defendant”) motion to compel arbitration. (Notice of Motion, pg. 2.) Procedural Background On February 14, 202, Plaintiff Omar Hernandez Santiago (“Santiago”) (“Plaintiff”) filed his operative complaint against Defendant alleging three causes of action under the Song-Beverly Consumer Warrant...

Excerpt: ...iffs to Defendant in discovery on or about May 5, 2021, is denied. Defendant is to provide Plaintiffs with all privileged documents inadvertently produced. Plaintiffs Benjamin Chui's and Margaret Chui‐Lee's as co‐trustees of the King Wah Chui and Chi May Chui Declaration of Trust Dated March 11, 1988, as Amended by Complete Amendment of the Declaration of Trust Dated May 21, 1999, as Amended, motion to quash the deposition subpoena for person...

Excerpt: ...complaint is denied as to Issue Nos. 1 and 2. Defendant BMW Nationwide Security, Inc. (“BMW”) (“Defendant”) moves for summary adjudication of Plaintiff Edna Herrarte-Giron's (“Herrarte-Giron”) (“Plaintiff”) complaint (“Complaint”) on the basis BMW did not have a duty to Plaintiff, BMW is protected under the special employee relationship, BMW had no notice of a dangerous condition, and BMW's actions were not the proximate cause...

Excerpt: ...21.50, and costs in the reduced amount of $4,005.40. Plaintiff Wilber Gomez Diaz (“Gomez Diaz”) (“Plaintiff”) moves for an order awarding him attorneys' fees in the amount of $87,846.50, and costs in the amount of $8,797.80, against Defendant Tricolor California Auto Group, LLC, dba Ganas Auto (“Ganas”) (“Defendant”) for a total amount of $96,644.30. (Notice of Motion, pg. 1; Civ. Code §§1780(e), 1794(d).) Background Plaintiff G...

Excerpt: ...ved on Non‐party on March 14, 2023, to produce and permit inspection and copying of forensically sound evidence drives containing information from Konnech, Inc. is granted. LADA is to produce the items responsive to Petitioners' request within 30 days of this ruling. Petitioners Dr. Paul C. Broun (“Broun”), Sheri Gilligan (“Gilligan”), and VoterGA (“VoterGA”) (collectively, “Petitioners”) move for an order compelling Non-party L...

Excerpt: ...omplainants' allegations of Common Counts contained at ¶CC‐1(b)(2), which survives this motion. Cross‐Defendants may separately move for an award of attorneys' fees and costs. Cross-Defendants Mechellet Armelin-Martin (“Armelin-Martin”) and Perry Martin Jr. (“Martin”) (collectively, “Cross-Defendants”) move to strike the cross-complaint (“CC”) of Cross-Complainants Michael Lurence (“Lurence”) and LEI Electrical Contractor...

Excerpt: ...D.'s, motion to strike is denied as to the 2nd cause of action for Violation of Elder Abuse and Dependent Adult Civil Protection Act, in its entirety, as to Wirshing, 18:16‐27:9 (¶¶75‐106), which includes claims for attorneys' fees, 22:6, 26:22 (¶¶83, 104), and for punitive damages, 22:12, 26:28‐27:9, (¶¶83, 106); Plaintiffs' prayer for relief, “For punitive damages according to proof,” 38:8, Prayer ¶iv; and Plaintiffs' prayer fo...

Excerpt: ...��) demurs to Plaintiff Andy Wu's (“Wu”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pgs. 1-2.) Meet and Confer Before filing a demurrer, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer. (C.C.P. §430.41.) Defendant's counsel filed a declar...

Excerpt: ...) (collectively, “Defendants”) move unopposed to strike and/or tax costs requested by Plaintiff Eric Mintz's (“Mintz”) (“Plaintiff”) in his “Memorandum of Costs After Judgment, Acknowledgement of Credit, and Declaration of Accrued Interest [MC-012]” served on Defendants by mail on March 21, 2023. (Notice Motion, pg. 2; CRC, Rule 3.1700; C.C.P. §1033.5.) In the alternative, Defendants move to strike Item No. 3, “Accrued Interest...