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...

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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ..., 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: ...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: ...�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: ...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: ...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: ...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: ...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: ...�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...