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...