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