Excerpt: ...o set aside the judgment entered in this matter on June 29, 2023, and to enter a judgment notwithstanding the verdict on the basis the verdict as a whole and/or in part is not supported by substantial evidence and/or is inconsistent with the law. (Notice of Motion, pgs. 1-2; C.C.P. §§629, 659a; CRC, Rule 3.1600.) Background Plaintiffs filed this lawsuit against defendant Kia America, Inc. (“KA”) on December 23, 2019, alleging five causes of...

Excerpt: ...3 ruling (“3/23/23 Ruling”) on Defendants Westport Properties, Inc.'s (“Westport”), US Storage Centers, Inc.'s (“USSC”), Hawthorne Mini Venture, LLC, dba US Storage Centers – South Bay's (“Hawthorne”), and Benson Williams II's (“Williams”) (collectively, “Storage Defendants”); Lionel Pereira's and Southern California Coin and Stamps (collectively, “Pereira Defendants”); Stephen Pattillo's, individually and dba Qualit...

Excerpt: ...�), Fariba Atighechi (“Atighechi”), and Pink Partners, Inc. (“Pink Partners”) (collectively, “Defendants”) move to tax costs requested by Plaintiffs Kiumars Soleimany (“Kiumars”) and Shanaz Soleimany (“Shanaz”) (collectively, “Plaintiffs”) in the total amount of $34,431.92. (Notice Motion, pg. 2; CRC, Rule 3.1700(b)(1).) Background This action came on regularly for trial in its first phase on October 1, 2018; its second ph...

Excerpt: ...he 1st, 3rd, 4th, and 6th causes of action; and denied as to the 2nd, 5th, and 7th causes of action. Defendant County of Los Angeles (“County”) (“Defendant”) moves for an order granting summary judgment against Plaintiff Michael Barnett's (“Barnett”) (“Plaintiff”) first amended complaint (“FAC”) on the grounds that all causes of action fail as a matter of law. (Notice of Motion, pgs. 2-3; C.C.P. §437c.) In the alternative, De...

Excerpt: ...ntiff National Robertson Carwash Care, Inc. (“National”) (“Plaintiff”) moves unopposed to compel third-party Armen Takyan (“Takyan”) to comply with its March 16, 2023, subpoena to appear and testify at his noticed deposition and produce documents. (Notice of Motion, pg. 2; C.C.P §§1987.1, 2020.010 et seq., 2025.480.) Plaintiff also moves for monetary sanctions against Takyan in the amount of $3,268.33 [1] for willful misuse of the d...

Excerpt: ...The parties are directed to submit a joint statement five calendar days in advance, apprising the Court of the status of the arbitration. Defendant Atlantic Solutions Group, Inc. d/b/a Empire Workforce Solutions [erroneously sued as Empire Workforce Solutions] (“Empire”) (“Defendant”) moves to compel Plaintiff Jonathan O. Sanchez (“Sanchez”) (“Plaintiff”) to arbitrate his individual claims and stay all proceedings in this action p...

Excerpt: ... a first amended complaint (“FAC”). (Notice of Motion, pgs. 1-2; C.C.P. §473(a)(1).) Plaintiff moves on the basis that he seeks to delete references to a dismissed defendant and add a new cause of action for wrongful termination in violation of public policy based on discrimination against Plaintiff's medical condition. (Notice of Motion, pg. 2.) Procedural Background Plaintiff filed the operative complaint (“Complaint”) on July 26, 2022...

Excerpt: ... amount of $1,089.28. Defendant Robert Yager (“Yager”) (“Defendant”) moves unopposed for an order awarding him attorneys' fees and costs against Plaintiff Blackburn Holdings, LLC (“Blackburn”) (“Plaintiff”). (Notice of Motion, pg. 2.) Defendant requests fees in the amount of $86,940.00, reflecting 144.90 hours of attorney time spent on the matter at $600 per hour, and $1,089.28 in recoverable costs, for a total amount of fees and ...

Excerpt: ...est for monetary sanctions on the motion to compel Form Interrogatories (Set One) is granted in the amount of $500.00 against Cleary and his counsel of record. Sanctions are payable within 20 days. Defendant Geico General Insurance Company's unopposed motion to compel Plaintiff Ryan Cleary to provide responses to his Form Interrogatories (Set Two) is granted. Cleary is to provide responses within 20 days. Defendant's request for monetary sanction...

Excerpt: ... Miguel Licea's (“Licea”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pg. 2; C.C.P. §430.10(e).) Requests for Judicial Notice Defendant's 6/23/23 request for judicial notice of the Complaint filed on September 6, 2022, in Licea v. GameStop, Inc., in the United States District Court for the Central District of California, Case No. 5:22-cv-01562-JGB-KK, is granted. (D-RJN, Exh. 1.) However, the Court does not take judic...

Excerpt: ...lainants may file the proposed first amended cross‐complaint with the Court. Cross-Complainants Jorge Bejines (“Jorge”), Karla Rosales Rios (“Karla”), and Cecelia Rios (“Cecelia”) (collectively, “Cross-Complainants”) move for leave to file a first amended cross-complaint (“FAXC”) to include the vehicle owner, U-Haul Co. of California, U-Haul of Arizona. (Notice of Motion, pg. 2.) Motion for Leave to Amend “The court may, i...

Excerpt: ...of record is denied. Defendants Mike Brown Grandstands, Inc. (“Mike Brown”) and Scott Northern (“Northern”) (“Moving Defendants”) move for leave to augment their expert witness list and declaration to include a pain physician. (Notice of Motion Leave, pgs. 1-2; C.C.P. §§20346.10 et seq.) Moving Defendants further seek sanctions against Plaintiffs Craig Nelson (“Craig”) and Stacy Nelson (“Stacy”) (collectively, “Plaintiffs�...

Excerpt: ...ntiff Yair Suarez (“Suarez”) (“Plaintiff”) moves unopposed for an order setting aside the oral stipulation to arbitration on August 25, 2022, nunc pro tunc, based upon the mutual mistake of the parties. (Notice Motion, pgs. 1-2.) Procedural Background On August 23, 2022, Plaintiff filed a motion to compel arbitration pursuant to the arbitration agreement he signed on October 30, 2019, with Defendant California Waste Services, LLC (“Cali...

Excerpt: ...ns, Inc. and Turner's Outdoors Inc. (collectively, “Defendants”) demur to the 1st through 4th causes of action in Plaintiff Kaden Sanchez's (“Sanchez”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pg. 2; C.C.P. §§430.10(e), (f).) Request for Judicial Notice Defendants' 5/8/23 request for judicial notice of Plaintiff's original complaint, the 3/9/23 tentative ruling regarding the 3/10/23 hearing on Defendan...

Excerpt: ...unt of attorneys' fees of $7,187,496.90. The Court awards McLear's request for costs in the amount of $259,984.67. Defendants McLear Ltd. and McLear & Co. (collectively, “McLear”) move unopposed for an order awarding them attorneys' fees and costs against Cross-Defendant Michelle Silverstein (“Silverstein”) (“Cross-Defendant”) in the total amount of $7,210,830.76 as the prevailing party in litigation arising out of Silverstein's breac...

Excerpt: ...tively, “Plaintiffs”) move unopposed for an order awarding them attorneys' fees and costs against Defendant DLI Properties, LLC (“DLI”) (“Defendant”) in the minimum amount of $82,635.00, together with an enhancement in the amount of $34,234.50, for a total amount of fees sought of $116,869.50. (Notice of Motion, pgs. 1-2; CRC Rule 3.1702(b); C.C.P. §1033.5(a)(10)(A).) Background On February 23, 2023, Plaintiffs filed the operative Co...

Excerpt: ...dant's request for attorneys' fees is denied. Plaintiff Miguel Zelidon, (“Zelidon”) (“Plaintiff”) moves to (1) vacate the Court's order on Defendant Ground Services International Inc.'s (“GSI”) (“Defendant”) motion compelling arbitration due to Defendant's (a) material breach pursuant to C.C.P. §1281.97, and (b) waiver pursuant to its bad faith and willful misconduct; (2) lift its prior order imposing a stay; and (3) grant sancti...

Excerpt: ...ded complaint is sustained without leave to amend as to the 6th cause of action for intentional interference with prospective economic advantage and the 9th cause of action for intentional infliction of emotional distress. Defendants Hastee Payman (“Payman”), Rad Khodam (“Khodam”), 2362 Westwood Blvd., LLC's (“2362 Westwood”), and Hastee Payman and Rad Khodam as Trustees of the Faith Hope Justice 2012 Family Trust (“Trust”) (colle...

Excerpt: ... LLC's motion to strike is denied as moot. Defendant Berdé Golf, LLC (“Berdé LLC”) (“Defendant”) demurs to Plaintiff Autumn Communications' (“Autumn”) (“Plaintiff”) second amended complaint (“SAC”). (Notice of Demurrer, pg. 2, C.C.P. §§430.30, 430.10.) Defendant also moves to strike portions of the SAC. (Notice of MTS, pg. 2.) Request for Judicial Notice Plaintiff's 8/9/23 request for judicial notice of Plaintiff's Declara...

Excerpt: ...hase”) (“Defendant”) demurs to the 1st and 2nd causes of action in Plaintiff Emmanuel C. Amuchie d/b/a Caremax Medical's (“Amuchie”) (“Plaintiff”) complaint (“Complaint”). [1] (Notice of Demurrer, pg. 2.) Request for Judicial Notice Defendant's 6/16/23 request for judicial notice of April 16, 2021 Warrant to Seize Property Subject to Forfeiture, signed by United States Magistrate Judge Scott T. Varholak (“Seizure Warrant”), ...

Excerpt: ...ict is granted. Plaintiff's motion to compel further responses to Plaintiff's RFP No. 8 is granted in part only as to as to all documents produced/served in discovery in Anderson v. BHUSD (Case No. 20STCV0496) by both parties relating to, supporting, refuting, discussing, mentioning any concerns/complaints relating to Michael Bregy and/or Don Blake, and otherwise denied. Plaintiff Anthony Eugene Talbert's (“Talbert”) (“Plaintiff”) moves t...

Excerpt: ...orneys' fees and costs incurred on the instant motion is denied. Defendants Amazon.com, Inc. (“Amazon Inc.”), Amazon.com Services LLC [erroneously sued as Amazon.com Services LLC, Inc.] (“Amazon LLC”), David Herrera (“Herrera”), Elizabeth Colmenero (“Colmenero”), Elisa Lopez (“Lopez”), and Beth Galetti (“Galetti”) (collectively, “Defendants”) move to transfer Plaintiff Lachelle Harris' (“Harris”) (“Plaintiff”) ...

Excerpt: ...tt”) and Noble-Interstate Management Group- California, LLC [erroneously sued as The Westin Long Beach] (“NIM Group”) (collectively, “Defendants”) move for an order granting summary judgment against Plaintiff Lauren Potter's (“Potter”) (“Plaintiff”) first amended complaint (“FAC”) on the grounds that there are no triable issues as to any material facts and Plaintiff cannot meet her burden of proof with respect to establishin...

Excerpt: ...d costs incurred on the instant motion is granted in the amount of $4,781.50. Plaintiff's request for evidence, terminating, and contempt sanctions is denied. Plaintiff Arad Vafaei, (“Vafaei”) (“Plaintiff”) moves to vacate Defendants FCA US LLC's (“FCA US”) and Fab4 LLC d/b/a Russell Westbrook Chrysler Dodge Jeep Ram of Van Nuys' (“Fab4”) (collectively, “Defendants”) motion compelling arbitration on the basis Defendants have m...

Excerpt: ..., Susan Goldstein's, Robert Schaffer's, and SSR Apartments' cross‐complaint is denied as moot. Cross-Defendant Marshall Pattison (“Pattison”) (“Cross-Defendant”) demurs to the 3rd, 4th, 5th, and 7th cause of action in Cross-Complainants Steven Schaffer's (“Steven”), Susan Goldstein's (“Goldstein”), Robert Schaffer's (“Robert”), and SSR Apartments' (“SSR”) (collectively, “Cross- Complainants”) cross-complaint (“CC�...

Excerpt: ...ercial, LLC, (“Staples LLC”) (“Defendant”) moves for a protective order against Plaintiff Joyce Allen's (“Allen”) (“Plaintiff”) Request for Admissions (Set Two) (“RFA”) and Form Interrogatory No. 217.1 (“FROG”) on the basis Plaintiff cannot serve any written discovery without leave of the Court. (Notice of Motion, pg. 2.) Background On March 11, 2019, Plaintiff filed a Complaint against Defendant Staples LLC, asserting var...

Excerpt: ...the records requested in Defendant's April 14, 2023, subpoena within 15 days of this order. Defendant's motion for sanctions is granted in the reduced amount of $1,861.65. Sanctions are payable within 30 days. Defendant/Cross-Complainant Gregory Alan Foster (“Foster”) (“Defendant”) moves unopposed to compel third-party Folk Williams Financial Management, Inc. (“Folk Williams”) to comply with its April 14, 2023, subpoena to produce doc...

Excerpt: ...�House of Imports”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Sang Won Byun (“Plaintiff”) and staying the action pending completion of arbitration pursuant to the Federal Arbitration Act (“FAA”) and the California Arbitration Act (“CAA”). (Notice of Motion, pg. 1; 9 U.S.C. §3; C.C.P. §§1280 et seq., 1281.4.) Background On January 6, 2023, Plaintiff filed the inst...

Excerpt: ...to Plaintiff Amanda Sanchez's (“Sanchez”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pg. 1.) Defendant also moves to strike portions of Plaintiff's FAC, namely Plaintiff's demand for punitive damages in Prayer ¶6 at 26:8. (Notice of MTS, pg. 1.) Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to...

Excerpt: ...urphy”) (“Defendant”) demurs to Plaintiffs Craig Steven Roberts' (“Craig”) and Carla Roberts' (“Carla”) (collectively, “Plaintiffs”) complaint (“Complaint”). (Notice of Demurrer, pg. 2.) Defendant also moves to strike portions of the Complaint. (Notice of MTS, pg. 2.) Request for Judicial Notice Plaintiffs' 7/27/23 request for judicial notice of this Court's 10/27/22 Ruling is denied, as this Court does not need to take judi...

Excerpt: ...imited to those described in estoppel certificates they signed, which rights do not include paid parking and utilities; c) Paul Luigi rights are limited to those listed in the AAGLA form lease and do not include the right to have JanChung Ozu co-occupy his unit; d) Rent control laws do not apply to certain Defendants; e) The rent Defendants must pay is the maximum allowable under law; f) (Same as (e), above; g) That Plaintiff has the right to cho...

Excerpt: ...reuter is sustained as to the 2nd cause of action with 20 days leave to amend. Defendants Jack J. Suddarth's, Equity Wave Lending, Inc.'s, Gregory A. Moore's, and Edith Moore's demurrer to the first amended complaint of Plaintiffs Jonathan S. Powers, individually and as attorney‐in‐fact for Phyllis A. Powers and Jonathan S. Powers Roth IRA, and Henry Kreuter is overruled as to the 1st cause of action as to Defendants and 2nd as to EWL and Sud...

Excerpt: ...moves to strike portions of Plaintiff Shirley Alvarado-Del Aguila's (“Alvarado Del-Aguila”) (“Plaintiff”) first amended complaint (“FAC”), specifically the claims for punitive and exemplary damages pursuant to C.C.P. §435(b)(1). (Notice of Motion, pgs. 1-7; C.C.P. §§431.10(b), 436.) Defendant's motion is made on the grounds that the requests for punitive damages are improper because they constitute demands for relief not supported ...

Excerpt: ...to quash Defendant Plaintiff Anthony Eugene Talbert's subpoena for personal appearance of Lisa Korbatov is denied. Defendant Beverly Hills Unified School District (“BHUSD”) (“Defendant”) moves to quash Plaintiff, Anthony Eugene Talbert's (“Talbert”) (“Plaintiff”) subpoena for personal appearance of Kimberly Ludwin, Esq. (“Ludwin”). (Notice Motion Ludwin, pgs. 1-2.) Defendant also moves to quash Plaintiff's subpoena for persona...

Excerpt: ...�10K”) demur to the 1st (fraud- intentional misrepresentation), and 2nd (conspiracy to commit fraud) causes of action in the third amended cross- complaint (“TACC”) of A88 Alkaline 88, LLC and The Alkaline Water Co. (collectively “A88”). (Notice of Motion Demurrer, pg. ii; C.C.P. §§430.10(e), (f).) The demurrer was initially set to be heard on July 31, 2023. The Court issued a tentative ruling on this matter in advance of the July 31,...

Excerpt: ...Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its Form Interrogatories – Employment (Set One) is denied without prejudice. Defendant EGL Properties, Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its Special Interrogatories (Set One) is denied without prejudice. Defendant EGL Properties, Inc.'s motion to compel Plaintiff Malena Gurcinas Nicolini to provide responses to its...

Excerpt: ...e 900, Los Angeles, California 90010, is denied. The Court declines parties' requests to award sanctions. Plaintiff Andrew Yong Ahn's motion to quash Defendant VolumeCocomo Apparel, Inc.'s subpoena duces tecum for personal appearance and production of documents served on the custodian of records for Pacific City Bank, located at 25350 Playa Serena Drive, Valencia, California 91381, is denied. The Court declines parties' requests to award sanction...

Excerpt: ...imited to those described in estoppel certificates they signed, which rights do not include paid parking and utilities; c) Paul Luigi rights are limited to those listed in the AAGLA form lease and do not include the right to have JanChung Ozu co-occupy his unit; d) Rent control laws do not apply to certain Defendants; e) The rent Defendants must pay is the maximum allowable under law; f) (Same as (e), above; g) That Plaintiff has the right to cho...

Excerpt: ...�Tidwell”) (“Defendant”) moves to strike the 2nd and 4th causes of action in the complaint of Plaintiff Art Colony Property, LLC (“Art Colony”) (“Plaintiff”) on the ground the causes of action are predicated on Tidwell's right to petition and Tidwell's right to free speech, including privileged communications made in connection with a pre-litigation settlement demand on issues of public interest. (Notice of Motion, pgs. 1-2; C.C.P. ...

Excerpt: ...ns against Defendant Scott Northern and Defendant/Cross‐ Complainant Mike Brown Grandstands, Inc. is denied. Plaintiffs' request for sanctions against Defendant Scott Northern and Defendant/Cross‐ Complainant Mike Brown Grandstands, Inc. is denied. Defendant Scott Northern (“Northern”) and Defendant/Cross-Complainant Mike Brown Grandstands, Inc. (“MBG”) (collectively, “Northern and MBG”) move to reopen discovery. (Notice of Motion...

Excerpt: ...and The Alkaline Water Co. is overruled as untimely. Cross-Defendants 10K Advertising, LLC (“10K LLC”), 10K Advertising, Inc. (“10K Inc.”), Haugesund Group, LLC (“Haugesund”), Stephen Haugse [erroneously sued as “Steve Haugse”] (“Haugse”), and Francis Fazzina (“Fazzina”) (collectively, “the 10K entities” or “Cross-Defendants”) demur to the 1st (fraud- intentional misrepresentation), and 2nd (conspiracy to commit fr...

Excerpt: ...ollectively, “Plaintiffs”) move for an order allowing leave to file a first amended complaint (“FAC”) to add a cause of action for breach of fiduciary duty with a prayer for punitive damages and to delete parties to reflect prior dismissals and agreements between the parties. (Notice of Motion, pg. 2; C.C.P. §473.) Plaintiffs further request the Court bifurcate the trial of punitive damages. (Notice of Motion, pg. 2.) Motion for Leave to...

Excerpt: ...bert Assil's motion to strike is denied as moot. Defendant Oakwood Holdings LLC's demurrer to Plaintiff Timothy Hennessy's first amended complaint is overruled as to the 1st, 2nd, 3rd, 4th, 5th, 7th, and 8th causes of action and sustained with 20 days leave to amend as to the 6th and 9th causes of action. Defendant Oakwood Holdings LLC's motion to strike is denied as moot. Defendant Robert Assil (“Assil”) (“Defendant”) demurs to Plaintiff...

Excerpt: ... 2; C.C.P. §§473, 576; CRC Rule 3.1324.) Background On May 6, 2022, Plaintiff filed its initial complaint against Defendant Marine Truck Service, Inc. [erroneously sued as Marin Truck Services, Inc.] (“Marine”) (“Defendant”) alleging eight causes of action for (1) possession of personal property and damages (claim and delivery) (C.C.P. §§667, 3379, 3380), (2) conversion, (3) negligence, (4) breach of contract, (5) intentional interfer...

Excerpt: ... 20 days leave to amend. Defendant Mercury Insurance Services, LLC (“Mercury”) (“Defendant”) demurs to Plaintiff Clean Initiative LLC's (“Clean Initiative”) (“Plaintiff”) first amended complaint (“FAC”) as to the 1st and 2nd causes of action on the grounds they are uncertain and the 2nd cause of action does not allege sufficient facts to establish a cause of action and Plaintiff lacks standing. (Notice of Demurrer, pg. 1; C.C....

Excerpt: ...mplaint) is denied. Plaintiff DCK Sales, Corporation (“DCK”) (“Plaintiff”) moves for an order determining Illinois law governs its claims against Defendant Graymills Corporation (“Graymills”) (“Defendant”) in this action, applying the Illinois Sales Representative Act (820 Ill. Comp. Stat. Ann. 120/0.01 et seq.) (“ISRA”) pled as the fourth cause of action in Plaintiff's Complaint. (Notice of Motion, pg. 2; see, e.g., First Sta...

Excerpt: ...of attorneys' fees of $7,237,496.90. The Court awards McLear's request for costs in the amount of $259,984.67. Defendants McLear Ltd. and McLear & Co. (collectively, “McLear”) move unopposed for an order awarding them attorneys' fees and costs against Cross-Defendant Michelle Silverstein (“Silverstein”) (“Cross-Defendant”) in the total amount of $7,210,830.76 as the prevailing party in litigation arising out of Silverstein's breach of...

Excerpt: ... of Carpenters and Joiners of America (“UBC”) (“Defendant”) demurs to the 1st (gender discrimination in violation of the Gov. Code §§12940 et seq.), 2nd (gender harassment in violation of Gov. Code §§12940 et seq.), 3rd (wrongful termination in violation of public policy), 4th (negligent supervision, hiring, and retention), 5th (failure to take all reasonable steps to prevent harassment and discrimination in violation of §§12940(j)(...

Excerpt: ...f Plaintiffs Jack Gurule and Ludmila Elgourt is sustained without leave to amend as to the 2nd, 4th, 5th, 6th, 7th, and 8th causes of action. Defendant Boston Scientific Corporation (“BSC”) (“Defendant”) moves unopposed for an order admitting Aleena Wilson to appear pro hac vice. (Notice of Motion, pg. 1.) BSC demurs to Plaintiffs Jack Gurule's (“Gurule”) and Ludmila Elgourt's (“Elgourt”) (collectively, “Plaintiffs”) first ame...

Excerpt: ...ended complaint (“SAC”) of Plaintiff Blackburn Holdings, LLC (“Blackburn”) (“Plaintiff”) as to the causes of action for unlawful detainer of the on the grounds that the claim fail to allege facts sufficient to constitute a viable cause of action (1) is based on the same defective Notice to Cure or Quit and Notice to Quit (“Notices”) the court has already found cannot support unlawful detainer; (2) allegations that Defendant “und...

Excerpt: ...ith 20 days leave to amend as to the 3rd cause of action. Defendant's motion to strike is denied as moot. Defendant David Aschkenasy (“Aschkenasy”) (“Defendant”) demurs to the 1st, 2nd, and 3rd causes of action in the first amended complaint (“FAC”) of Plaintiffs Metro Entertainment, Inc. (“Metro”) and Gold Star Hospitality, LLC (“Gold Star”) (collectively, “Plaintiffs”) on the grounds that the various causes of action fai...

Excerpt: ...irm 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 Order ...

Excerpt: ...second amended complaint (“SAC”) of Plaintiff Carla Barboza (“Barboza”) (“Plaintiff”) as to the 5th and 6th causes of action of the on the grounds that the various causes of action fail to allege facts sufficient to constitute viable causes of action. (Notice of Demurrer, pg. 1; C.C.P. §430.10(e).) Background On September 30, 2021, Plaintiff filed her initial complaint (“Complaint”) against Defendant. On May 9, 2022, Plaintiff fi...

Excerpt: ...s. To the extent responses are subject to privilege, Defendant must produce a detailed privilege log specify the date of the document; the type of document; the name of the documents author(s); the names of the recipient(s), including the names of those receiving copies; and the nature and basis of the privilege claimed. (C.C.P. § 2031.240(c)(1).) Plaintiff Eileen Vines (“Vines”) (“Plaintiff”) moves to compel Defendant American Honda Mot...

Excerpt: ...fendant as to ¶¶457, 681, 702, 709, and 715(b). Defendant's motion to strike Plaintiff's claim for attorneys' fees is denied as to ¶¶682 and 715(c). Defendant's motion to strike Plaintiff's claim for treble damages is denied as to ¶¶458, 681, and 715(a). Defendant David Cobb dba Newport Harbor Stamp Co. (“Cobb”) (“Defendant”) demurs to the 7th and 15th causes of action in Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) s...

Excerpt: ...ndividually and dba Law Offices of Frank H. Whitehead, III's motion in the alternative to strike portions of Plaintiffs' complaint is denied as to the 1st cause of action and granted as to the 2nd cause of action. Defendant may separately move for an award of attorneys' fees and costs. Defendant Frank H. Whitehead, III, individually and dba Law Offices of Frank H. Whitehead, III (“Whitehead”) (“Defendant”) moves to strike the complaint of...

Excerpt: ...�Defendant's motion to 5th cause of action (FACC ¶¶57‐61) is granted along with the prayer for reasonable attorney's fees and costs under Business & Professions Code §7160 (FACC ¶65). Cross‐Defendant's motion to strike Cross‐ Complainant's prayer for punitive damages (FACC ¶63) is granted with 20 days leave to amend. Cross‐Defendant's motion to strike general and special damages (FACC ¶62) and interest (FACC ¶64) is denied. Plainti...

Excerpt: ...of action. Defendant Los Angeles Unified School District's motion to strike is denied as moot. Defendant Los Angeles Unified School District [erroneously sued as Los Angeles Unified School District Accounting & Disbursements Division Payroll Administration Branch] (“LAUSD”) (“Defendant”) demurs to Plaintiff Victoria Suarez's (“Suarez”) (“Plaintiff”) complaint (“Complaint”) as to the 5th, 6th, 7th, and 8th causes of action on t...

Excerpt: ... California's (“WCHC”) and Rosemary Lord (“Lord”) (collectively, “Defendants”), demur to Plaintiffs Sara Van Horn's (“Sara”) and Patrick Van Horn's (“Patrick”) (collectively, “Plaintiffs”) 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, and 10th causes of action in their complaint (“Complaint”) on the basis they lack standing and are barred by judicial estoppel from bringing their claims therefore fail to state facts suff...

Excerpt: ...tion for judgment claiming her damages (alleged physical and emotional injuries, medical treatment or work disabilities) stem from causes other than her car accident occurring in October 2018 for failure to produce Court‐ordered records pertaining to that same serious car accident in response to RFP No. 30. Defendant's request for issue sanctions is denied. Plaintiff is ordered to produce Code‐compliant responses to SROG Nos. 27‐29 within 2...

Excerpt: ...d K-Motors SJC, LLC dba Glendale Nissan (“Glendale Nissan”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiffs Luis Duenas (“Duenas”) and Valerie Brenes (“Brenes”) (collectively, “Plaintiffs”) and staying the action pending completion of arbitration pursuant to the Federal Arbitration Act (“FAA”). (Notice of Motion, pg. 2; 9 U.S.C. §3; C.C.P. §1281.4.) Evidentiary O...

Excerpt: ...ayne Law Group, APC's and Shannon Payne's motion to strike is denied as moot. Defendants Payne Law Group, APC (“Payne Law”) and Shannon Payne (“Payne”) (collectively, “Payne Defendants”) demur to Plaintiff Melissa Zelenovic's (“Zelenovic”) (“Plaintiff”) 1st, 2nd, and 3rd causes of action in her second amended complaint (“SAC”) on the basis they fail to state facts sufficient to allege causes of action and are impermissibly...

Excerpt: ...h 20 days leave to amend. Defendant Carlton Forge Works (“Carlton”) (“Defendant”) [1] demurs to the 1st, 2nd, 3rd, and 4th causes of action in Plaintiffs Alfredo Contreras Sierra's (“Sierra”) and Carlos Nava Vega's (“Vega”) (collectively, “Plaintiffs”) complaint (“Complaint”). (Notice of Demurrer, pg. 2.) Request for Judicial Notice Plaintiffs' June 7, 2023, request for judicial notice of the Complaint in the instant matte...

Excerpt: ... and Orcoexpo, (“Pattillo”) (“Defendant”) moves for a protective order against Plaintiff Wesley Robbins' (“Robbins”) (“Plaintiff”) Special Interrogatories (Set Two) (“SROG”) on the basis Plaintiff has exhausted the number of allowed specially prepared interrogatories and to protect Defendant from unwarranted annoyance, embarrassment, oppression, and undue burden and expense. (Notice of Motion, pg. 2; C.C.P. §2030.090.) Backgr...

Excerpt: ...Defendant”) demurs to Plaintiff Kellyn Zuniga's (“Zuniga”) (“Plaintiff”) complaint (“Complaint”). (Notice of Demurrer, pgs. 1-2.) Defendant also moves to strike Plaintiff's claim for punitive damages. (Notice of MTS, pgs. 1-4; C.C.P. §436(a).) Background On December 8, 2022, Plaintiff filed the operative complaint in the instant action against Defendant alleging nine causes of action: (1) declaratory relief; (2) Business and Profes...

Excerpt: ...Defendants”) move for an order awarding attorneys' fees against Plaintiffs Coffee + Food, LLC (“ Coffee + Food ”) and Art Works Studio & Classroom, LLC (“Art Works”) (collectively, “Plaintiffs”) in the amount of $149,924.90.00 as the prevailing party for attorneys' fees other than those related to their anti-SLAPP motion. (Notice of Motion, pgs. 1-2; Civ. Code §1717(a); C.C.P. §1032.) Background On April 25, 2019, Plaintiffs filed...

Excerpt: ...ich it argues materially affected its substantial rights and prevented a fair trial: (1) irregularity in the proceedings of the Court (C.C.P. §657(1)); (2) improper orders of the Court (C.C.P. §657(1)); (3) abuse of discretion by the Court (C.C.P. §657(1)); (4) the evidence was insufficient to justify the Decision (C.C.P. §657(6)); (5) the Decision is contrary to law (C.C.P. §657(6)); and (6) error in law occurring at the trial and objected ...

Excerpt: ...t's, Rebecca Proo's, and Michael Proo's motion to strike Plaintiffs' claim for punitive damages is granted. Defendants Willabee Property Management, Rebecca Proo, and Michael Proo (collectively, “Willabee Defendants”) demur to Plaintiffs Sherry Smith's (“Sherry”), Marquis Smith's (“Marquis”), Jeremiah Smith's (“Jeremiah”), Faith Smith's (“Faith”), Joseph Smith's (“Joseph”), and Nehemiah Smith's (“Nehemiah”) (collective...

Excerpt: ...10% interest from August 20, 2020, to the present, against Defendants Mostafa Narimanzadeh, aka Thomas Nariman; Fariba Atighehchi; and GQ Fresh, Inc., dba Pinkberry aka Pinkberry Sunset and Fuller is denied. Plaintiffs Kuimars Soleimany (“Kuimars”) and Shanaz “Suzy” Soleimany, aka Shahnaz Soleimany (“Shanaz”) (“Plaintiffs”) move to amend the Judgment to include restitution, or in the alternative, an order of restitution in the amo...

Excerpt: ...iff Five Points, LP, is sustained as to the 5th cause of action with 20 days leave to amend. Defendant City of Irwindale (“City”) (“Defendant”) demurs to Plaintiff Five Points, LP's (“Five Points”) (“Plaintiff”) 1st, 2nd, 3rd, 4th, and 5th causes of action in its first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2.) Request for Judicial Notice Defendant's 4/25/23 request for judicial notice of (1) City of Irwindale ...

Excerpt: ...ross‐Complainants Alkaline 88, LLC's and The Alkaline Water Company, Inc.'s second amended cross‐complaint is denied as moot. Cross-Defendants Castello Sales, LLC (“Castello Sales”); Castello Profile, LLC (“Castello Profile”); and David White (“White”) (collectively “Cross-Defendants”) move for an order dismissing Cross- Complainants Alkaline 88, LLC's and The Alkaline Water Company, Inc.'s (collectively, “Alkaline”) (coll...

Excerpt: ...C's and Lorna Mouton Riff's unopposed motion to strike is denied as moot. Defendants Payne Law Group, APC's and Shannon Payne's demurrer to the second amended complaint is sustained as to the 3rd cause of action with 20 days leave to amend and overruled as to the 1st and 2nd causes of action. Defendants Payne Law Group, APC's and Shannon Payne's motion to strike is denied as moot. Defendants CBIZ MHM, LLC (“CBIZ”) and Lorna Mouton Riff (“Ri...

Excerpt: ...”) demurs to Plaintiff Brandon Kwak's (“Kwak”) (“Plaintiff”) 1st, 2nd, 3rd, and 4th causes of action in his complaint (“Complaint”) on the basis they fail to state facts sufficient to allege causes of action. (Notice of Demurrer, pg. 2.) Background On November 7, 2022, Plaintiff filed his operative Complaint against Defendant alleging four causes of action: (1) professional negligence; (2) negligence; (3) breach of fiduciary duty; a...

Excerpt: ...ey as to the 1st cause of action with 20 days leave to amend. Defendant's motion to strike is denied as moot. Defendant Guerra & Gutierrez Mortuary, Inc. (“G&G”) (“Defendant”) demurs to Plaintiffs Helen Kostic's (“Kostic”), Robert Zoric's (“Robert”), Ivan Butoral's (“Butoral”), Aleksandra Zorich Hunt's (“Aleksandra”), and Ashley Hunt's (“Ashley”) (collectively, “Plaintiffs”) 1st cause of action in their first amend...

Excerpt: ...ntiff's September 2022 subpoena within 15 days of this order. Plaintiff's motion for sanctions is denied. Plaintiff Right Brothers Management, LLC (“Right Brothers”) (“Plaintiff”) moves unopposed to compel third-party San Fernando Valley Patients' Cooperative (“SFVPC”) to comply with its September 2022 subpoena to produce documents. (Notice of Motion, pg. 2; C.C.P §2031.320.) Plaintiff also moves for monetary sanctions against SFVPC....

Excerpt: ...posed for an order sealing portions of Exhibit 2 and Exhibit 5 to the Declaration of Joseph Aronsohn in Support of Defendants' Opposition (“Lodged Documents”). (Notice of Motion, pg. 2; CRC, Rules 2.550-2.551.) Plaintiff moves on the basis that (a) there exists an overriding interest that outweighs the right of public access; (b) the overriding interest supports sealing the documents described above; (c) a substantial probability exists that ...

Excerpt: ...t Staff Pro, Inc.'s motion in the alternative for summary adjudication of Issue Nos. 1, 2, and 3 is denied. Cross-Complainant/Defendant Staff Pro, Inc. (“Staff Pro”) (“Cross- Complainant”) moves for summary adjudication against Cross-Defendant BMW Nationwide Security, Inc. (“BMW”) (“Cross-Defendant”) on Cross- Complainant's first amended cross-complaint (“FACC”). (Notice of Motion, pg. 2; C.C.P. §437c.) In the alternative, Cr...

Excerpt: ...Slater (“Slater”) (collectively, “G&T Parties”) (collectively, “Plaintiffs”) request the Court confirm its February 21, 2023, Arbitration Award, rendered by the Arbitrators Daniel L. Germain, Roseanne Hubbard, and Ani Garibyan against Defendants Aliso Properties LLC (“Aliso Properties”) and James Joseph Corrigan (“Corrigan”) (collectively, “Aliso Parties”) (collectively, “Defendants”), and enter judgment according to i...

Excerpt: ...d 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 granted in the...

Excerpt: ...CH Enterprises, LLC (“BCH”) and Brett Harrison (“Harrison”) (collectively, “Defendants”) in the amount of $43,672.00 as the prevailing party. (Notice of Motion, pgs. 1-2; Civ. Code §1717.) Background On June 7, 2022, Plaintiff moved for this Court to grant summary judgment against Defendants and included in their motion a request for reasonably attorneys' fees and costs. On February 9, 2023, this Court granted Plaintiff's motion for ...

Excerpt: ... Hope Imaging Services, LLC's and Adam Avelardo Perez's demurrer to the first amended complaint of Plaintiff Allstate Insurance Company is sustained as to the 1st and 2nd causes of action without leave to amend. Defendant George Mednik, M.D. (“Mednik”) (“Defendant”) demurs to the first amended complaint (“FAC”) of Plaintiff Allstate Insurance Company's (“Allstate”) (“Plaintiff”) 1st (violation of California Insurance Frauds Pr...

Excerpt: ...costs requested by Plaintiff James Sharlein (“Sharlein”) (“Plaintiff”) in his memorandum of costs. (Notice of Motion, pg. 2; CRC, Rule 3.1700.) Specifically, Defendant seeks to tax (1) Item 4, deposition costs, totaling $35,668.18 by $3,000.00 to $32,668.18, because the correct total of the depositions identified in Items 4a-d and Attachment 4e is $32,668.18; and (2) Item 12 (or Item 11 Memorandum of Costs Worksheet), models, enlargements...

Excerpt: ... of Motion, pgs. 1-2; C.C.P. §598.) Defendant moves to bifurcate trial on the grounds that the convenience of witnesses, the ends of justice, and the economy and efficiency of handling the litigation would be promoted by bifurcation in this case. (Notice of Motion, pg. 2.) Background On July 6, 2021, Plaintiff filed its initial complaint against Defendant. On February 23, 2023, Plaintiff filed its operative first amended complaint (“FAC”) al...

Excerpt: ...efault, for leave to defend the action, and for leave to file a proposed answer to Plaintiff's Complaint in this action is granted. Defendant Leonis Real Estate Holdings LLC's motion to vacate/set aside entry of default, for leave to defend the action, and for leave to file a proposed answer to Plaintiff's Complaint in this action is granted. Defendant Golden Holding Corp.'s motion to vacate/set aside entry of default, for leave to defend the act...

Excerpt: ...action without leave to amend. Defendants' motion to strike is denied as moot. Demurrer Defendants Hollywood North LP (“Hollywood”) and Yohann Bensimon DBA Ikon Advisors (“Ikon”) (collectively, “Defendants”) demur to the 4th (intentional infliction of emotional distress) and 5th (private nuisance) causes of action in the complaint (“Complaint”) of Plaintiff Anna Szimhart (“Szimhart”) (“Plaintiff”). Defendants demur on the ...

Excerpt: ...mend. Defendant's motion to strike is denied as moot. A. Demurrer Defendant American Honda Motor Co., Inc. (“AHM”) (“Defendant”) demurs to Plaintiffs Raymundo Flores Silva's (“Silva”) and Mercedes Casillas Pina (“Pina”) (collectively, “Plaintiffs”) 2nd (fraudulent inducement – concealment) cause of action in their first amended complaint (“FAC”). Defendant demurs on the grounds Plaintiffs failed to allege sufficient fact...

Excerpt: ... its person most qualified for deposition within 15 days. Claimants Jesse Rios (“Rios”) and Lydia Rodriguez (“Rodriguez”) (collectively, “Claimants”) move to compel Defendant Liberty Mutual Fire Insurance Company (“Staples”) (“Respondent”) to produce its person most qualified (“PMQ”) for appearance and testimony at their Second Noticed Deposition and to produce all responsive documents without objection. (Notice of Motion,...

Excerpt: ...laintiff') moves for an order granting relief from the Court's October 3, 2022 Ruling which deemed admitted Defendant Ventura Investment Company, LLC's ("Ventura") ("Defendant') Request for Admissions ("RFA"), Set One. (Notice of Motion, pg. 1; C.C.P. S 2033.300.) Plaintiff moves on the basis that Plaintiffs failure to respond to the RFAs was the result of former counsel's mistake, inadvertence, or excusable neglect (Notice of Motion, pg. 1; C.C....

Excerpt: ...Y') ("Plaintiff'), in pro per, in the amount ofS28,168.46 as the prevailing party on a motion to expunge lis pendens. (Notice of Motion, pg. 1; C.C.P. 5405.38; 1/11/23 Ruliny) Background On December 15, 2022, this Court, issued a ruling that pursuantto Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108, it would, sua sponte, reconsider its 10/31/22 ruling denymg Defendant's motion to expunge Plaintiffs Notice of Pendency of Action. (12/15/22 Ruling...

Excerpt: ...ainants R.O.A.R. Management Company, Inc., and Ari Resnik is granted. Moving Cross-Defendants may separately move for an award of attorneys' fees and costs. Joining Cross-Defendants Ismael Silva Jr. M.D.'s; Ismael Geli Silva's; James Aviles'; Starbase, Inc.'s; and American Financial Investment Services, Inc.'s joinder to Cross-Defendants' special motion to strike the first amended cross-complaint of Cross-Complainants R.O.A.R. Management Company,...

Excerpt: ...y, pending a judicial determination on Plaintiff Robert J. Kilpatrick, Jr.'s ("Kilpatrick") ("Plaintiff') Verified Petition for Writ of Mandate, LASC Case No. 22STCP01992. (Notice of Motion, pg. 1.) Defendant moves on the basis that this Court has the power to provide for the orderly conduct of proceedings. (Notice of Motion, pg. 1; CRC, Rule 3.515; C.C.P. Cottle v. Superior Court (1992) 3 CalApp.4th 1367, 1376-13770 CRC Violations CRC, Rule 3.11...

Excerpt: ...llum ("Gastellum"), Mano A. Cardenas ("Cardenas"), Global Investments Net•vvork LLC CGIN'), and Gabriel A. Albanez LLC ("GA-A") (collectively, "Defendants") move for leave to file an amended answer to the complaint of Plaintiff Ezequiel Sierra ("Sierra") ("Plaintiff'). (Notice of Motion, pgs. 1-2; C.C.P. 576.) CRC Violations CRC Rule 3.1324(a) provides: A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment...

Excerpt: ...moves for summary judgment or, in the alternative, for summary adjudication of Plamtiffs Rosalinda Garcia CRosalinda") and Juan Garcia's ("luan") (collectively, "Plaintiffs") complaint on the following grounds: (1) Plaintiffs' first cause of action for violation of Song-Beverly Act - breach of implied warran%,• because Plaintiffs cannot pursue breach of implied warranty claims against GM under Song-Beverly based upon a vehicle they bought "used...

Excerpt: ...oughi is overruled as to the 1st, 3rd, 8th, and 10th causes of action, and sustained as to the 6th and 9th causes of action with 20 days leave to amend. Defendants' motion to strike is denied as moot. Defendants Hastee Payman ("Payman"), Rad Khodam ("Khodam"), 2362 West•vvood Blvd., LLC ("West-wood"), and Hastee Payman and Rad Khodam, as Trustees of the Faith Hope Justice 2012 Family Trust CTrust') (collectively, "Defendants") demur to Plaintif...

Excerpt: ...'s, Ebony Hazel Mijares', Jacob Rick Perez's, Ismirah Bella Chavarria Perez's, and Layla Marie Chavarria Perez's first amended complaint is denied. Defendants' motion in the alternative for summary adjudication is denied as to the 1st, 2nd, 3rd, 4th, and 5th causes of action. Defendants U .S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust ("LSF9') and ResiHome CA, Inc. f/k/a WRI Property Management CA, Inc. ("Resihome") (collect...

Excerpt: ...Angeles CCitY') ("Defendant") demurs to the 1st (retaliation in violation of the FEHA), 2nd (retaliation in violation of Labor Code 51102.5), 3rd (failure to prevent discrimination, harassment, and retaliation in violation of the FEHA), and 4th (violation of the Firefighter Bill of Rights under Gov. Code 53250, et seq.) causes of action in the first amended complaint ("FAC") of Plaintiff James Sharlein ("Plaintiff'). (Notice of Motion Demurrer, p...

Excerpt: ...murs on the grounds that Plaintiff has failed to allege that Plaintiff has standing to sue in Plaintiffs Complaint and pursuant to Article 14.6 of Chapter IV ofthe Los Angeles Municipal Code ("LAMC") "Temporary Protection of Tenants During Covid-19 Pandemic" and the County of Los Angeles Eviction Moratorium. (Notice of Demurrer, pg. 2; c.c.p. 5430.10.) On April 12, 2023, Plaintiff filed its complaint in the instant action for unlawful detainer CU...

Excerpt: ... without objections in 30 days. Defendant Shahram Moussazadeh's motion for sanctions is denied. Defendant Shahram Moussazadeh's unopposed motion to compel Plaintiff Pourandokht Pourat's responses to form interrogatories (Set Two) is granted. Plaintiff is ordered to provide verified responses to the interrogatories compliant with C.C.P. "2030.210(a) and 2030.220 without objections in 30 days. Defendant Shahram Moussazadeh's motion for sanctions is...

Excerpt: ...f-in-Intervention 54 Dyer LP's ("54 Dyer") ("Intervenor") complaint in intervention CCI"). (Notice of Demurrer, pgs. 1-2; C.C.P. S430.10(e).) Specifically, Defendant Xtremepreneuer demurs on the basis that Intervenors 1st, 2nd, and 3rd causes of action fail to state facts sufficient to constitute causes of action agamst Defendant Xtremepreneuer because Intervenor lacks standing, and demurs generally to the CI as failing to set forth facts suffici...

Excerpt: ... thereunder, to Judgment Creditor Mintz to the extent necessary to pay the Judgment Creditor's Judgment in full, including accrued interest through the date of payment is granted. Judgment Creditor's motion for an order restraining Judgment Debtor Denis and any servant, agent, employee, or attorney for the Judgment Debtor and any person(s) in active concert and participating with the Judgment Debtor from encumbering, assigning, disposing, or spen...