Excerpt: ...laintiffs shall file a First Amended Complaint within 20 days of this Order. Plaintiffs to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On April 13, 2019, Plaintiffs Alicia Nix and Marisa Nix purchased a 2018 Nissan Sentra. Plaintiffs thereafter experienced issues with the vehicle's CVT transmission and gear shift. On March 6, 2020, Plaintiffs filed a Complaint agai...

Excerpt: ...rred on the facts alleged. The Motion to Compel is DENIED WITHOUT PREJUDICE AS MOOT. Plaintiff's Motion for Relief from Waiver is TAKEN OFF CALENDAR AS MOOT. Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect. BACKGROUND On March 3, 2003, Plaintiff purchased the Vehicle which is the subject of this action. Between March 3, 2003 and September 1, 2016, Plaintiff took the ...

Excerpt: ...er than in person in view of the COVID-19 state of emergency. BACKGROUND On February 1, 2017, Defendants CHS34 Productions and Consortium, Inc. entered into a Production Design Agreement (“PDA”) providing that Anton Goss, the President and owner of Consortium and a set designer, would provide set design for CHS34 for a TV show called Love Connection. The PDA provides CHS34 “all final creative controls and the right to approve the Materials ...

Excerpt: ...fs' prayer for fees and public injunctive relief. The motion is GRANTED WITH PREJUDICE as to the prayer for monetary damages on Plaintiffs' UCL claim. The motion is DENIED as to Plaintiffs' prayer for punitive damages. Plaintiffs shall file a Third Amended Complaint within 20 days of this Order. Plaintiffs to give notice. BACKGROUND On August 22, 2019, Plaintiffs Jeffrey Sapp and Renae Sapp (“Plaintiffs”) filed a First Amended Complaint (“F...

Excerpt: ...ays of this Order. APU to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On April 19, 2019, Plaintiff Blanca Portillo filed a Second Amended Complaint (the operative complaint) against Defendants Azusa Pacific University (“APU”), Ryan Bailey, Marta Serrato, and Does, stating claims for harassment, discrimi...

Excerpt: ...emental briefing on (1) whether this case and case no. BC661351 should be deemed related, (2) the status of ATI's wind up and whether ATI may litigate during the wind up, and (3) the extent of a 50% shareholder's authority to act independently in the name of the corporation in litigation. ATI to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-1...

Excerpt: ...Defendant to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person in view of the COVID-19 state of emergency. BACKGROUND On March 12, 2019, Plaintiff Linda Fisher, an employee at the Parks and Recreation Department of the City of Los Angeles, filed a sexual orientation harassment complaint with Defendant City of Los Angeles's Equal Employment Opportunity (EEO) office. O...

Excerpt: ...e is GRANTED as to Plaintiff's requests for the documents identified in the Reply Declaration of John L. Hosack, paragraph 3. CTC and CTIC are ordered to respond, without objection, as to each identified document by either producing the document or stating that it is not within their possession, custody, or control. The Motion to Compel Compliance is GRANTED as to Plaintiff's request for CTC and CTIC to designate a person most qualified to testif...

Excerpt: ...Amend Judgment and Motions to Quash are CONTINUED to December 3, 2020 at 8:30 a.m. in Dept. 20 pending the status of Kim's appeal. Larson to give notice. BACKGROUND On April 26, 2011, Plaintiff Sandoval filed a Complaint against Law Offices of Kim stating claims for pregnancy discrimination arising out of her employment at the Law Offices. Nominal defendant Moon Ki Kim practiced law through the Law Offices of Kim until 2013. On April 18, 2013, fo...

Excerpt: ...ithin 20 days of this Order. Nissan to give notice. BACKGROUND On November 1, 2019, Plaintiff Gabriel Romero filed a Complaint against Defendant Nissan North America, Inc. stating three claims for violations of the Song-Beverly Act and one claim for fraudulent inducement by concealment. Plaintiff's claims arise out of the purchase of an allegedly defective used Nissan Sentra from a Honda dealership. On December 3, 2019, Nissan filed a demurrer an...

Excerpt: ...r. Plaintiff to give notice. BACKGROUND On January 14, 2020, Plaintiff EPX Elite Performance, LLC filed a Complaint against Defendants Bryan Green, Harut Tovmasyan, and Joshua Engle stating claims for breach of contract, intentional interference with contractual relations and prospective advantage, conversion and civil theft, breach of fiduciary duty, and unlawful business practices. Plaintiff's claims arose out of Plaintiff's operation of a gym ...

Excerpt: ...ober 2016, Plaintiff Cesar E. Echeverria (“Plaintiff”) was represented by Defendant Scott L. Whitman (“Defendant”) in Fred Shaham, et al. vs. Cesar Echeverria (case no. BC536220, the underlying action), a landlord-tenant dispute pertaining to a commercial medical building owned by Plaintiff. On May 2, 2018, Plaintiff filed a disciplinary complaint with the State Bar of California against Defendant for negligent conduct and excessive fees....

Excerpt: ...e notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by court call rather than in person. BACKGROUND On December 11, 2018, Plaintiff Dan Ma filed her original Complaint against Defendant Vista Del Mar Child and Family Services, Inc. On April 3, 2019, Plaintiff filed her First Amended Complaint (“FAC”). On October 22, 2019, Plaintiff's previous counsel substituted out of the action after submitting a decl...

Excerpt: ...equirements. The Demurrer is OVERRULED as to Defendants' arguments that Plaintiff failed to plead facts sufficient to state claims. Plaintiff is granted leave to amend and file a Second Amended Complaint within 20 days of this Order. Defendants to give notice. BACKGROUND On July 31, 2019, Plaintiff Ajmal Mumtaz filed a Complaint against Defendants Deeba Khan and Muhammad Khan, stating claims for breach of contract, breach of the implied covenant ...

Excerpt: ...Fees is CONTINUED to January 6, 2021 at 8:30 am. Zhou's Motion to Tax Costs is GRANTED IN PART as to Martel's legal research costs. The remainder of the motion is DENIED as to Martel's filing fees, gas, and parking costs. Plaintiff to give notice. BACKGROUND On April 23, 2018, Plaintiff Tracey Zhou and Defendant William Martel, Jr. entered into a Purchase Agreement for a condo. The agreement provided for arbitration and provided that the prevaili...

Excerpt: ... not at issue in this action. The Motion is CONTINUED as to Barnes' new allegations regarding Luke's specific misrepresentations before close of escrow regarding properties 6457 and 6459. The Court sets an OSC re: why the Court should not grant Barnes leave to file a TAC for July 16, 2020 at 8:30 am. The parties are ordered to informally meet and confer to determine whether they can stipulate to the filing of a TAC without further involvement of ...

Excerpt: ...ction for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a First Amended Complaint. SVS to give notice. If counsel do not submit on the tentative, they are ...

Excerpt: ...ed wage statements, failure to permit inspection of personnel and payroll records, waiting time penalties, and unfair competition under the California Business and Professions Code. On September 26, 2018, Plaintiff amended her complaint to substitute Doe 1 for Ana Maria Leyva. The Parties reached a settlement on July 8, 2019. The parties stipulated to settlement on the record before this Court. The Court retained jurisdiction pursuant to CCP sect...

Excerpt: ...contract and declaratory relief cross-claims is GRANTED. Moving party to give notice. BACKGROUND In March 2018, Cenegenics, LLC and Triton Pacific Capital Partners, LLC entered into a Confidentiality Agreement to protect the details of the potential acquisition. On April 4, 2018, Triton submitted to Cenegenics' financial advisor a non-binding Indication of Intent (“April IOI”) to acquire Cenegenics. The April IOI provided its acquisition woul...

Excerpt: ...th cause of action for violation of the California Family Rights Act. Iweze's Notice of Voluntary Dismissal filed December 11, 2019 is STRICKEN. Iweze is granted 15 days leave to amend and file a Second Amended Complaint. Moving party to give notice. BACKGROUND In February 2007, Defendant Woodward HRT, Inc. (“Woodward”) hired Plaintiff John Iweze (“Iweze”) as an assembler and tester of auto brakes and actuators. In December 2014, Iweze be...

Excerpt: .... The Court sets a status conference re: the status of arbitration for December 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on December 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his emplo...

Excerpt: ...at 8:30 am in Dept. 20. Both parties shall concurrently submit supplemental briefing on whether the CDA bars claims based on misrepresentations in the product listing by March 30, 2020. Amazon's Motion to Strike is CONTINUED to April 6, 2020. Moving party to give notice. AMA's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the seventh and eighth causes of action. AMA's Motion to Strike is MOOT. Plaintiffs are given 30 days leave to amend and fil...

Excerpt: ...ED WITH LEAVE TO AMEND as to Plaintiff's prayer for punitive damages. The Demurrer is OVERRULED as to Defendant's statute of limitations argument. Plaintiff to file a Third Amended Complaint within 20 days of this Order. Moving party to give notice. BACKGROUND On March 25, 2013, Plaintiff Jorge Perez leased the Subject Vehicle, which is manufactured by Defendant Kia Motors America, Inc. (“KMA”). On November 11, 2015, Plaintiff purchased the S...

Excerpt: ...RANTED. Trial is (tentatively) set for October 22, 2020. Defendants are hereby authorized to reserve a hearing for a summary judgment motion set for one week before trial. Plaintiff to give notice. BACKGROUND On January 29, 2016, Plaintiff Eduardo Menezes, Sr. (“Plaintiff”), now 82 years old, executed a durable power of attorney for health care decisions (the “AHCD”) naming his daughter Jiumara Menezes (“Jiumara”) as his agent. The AH...

Excerpt: ...efore the undersigned. Lamb & Kawakami, by Michael K. Slattery, appeared on behalf of the County. Wade E. Norwood appeared on behalf of plaintiff Paramount Pictures Corporation (“Paramount”). INTRODUCTION This case involves a very significant difference in views concerning the valuation of personal property and fixtures at the Paramount lot for ad valorem tax purposes. Paramount contends based on an income valuation the value of the personal ...

Excerpt: .... The Court sets a status conference re: the status of arbitration for October 21, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on October 21, 2020. Moving party to give notice. BACKGROUND On March 29, 2009, Plaintiff C. Thomas Vangsness, M.D. (“Vangsness”) signed an Agreement to Arbitrate Claims (the “2009 Agreement”) with Defendant University of Southern California (“USC”) related to his employm...

Excerpt: ...ry process. Moving party to give notice. BACKGROUND On July 3, 2017, Plaintiff Mahmed Mohamud (“Mohamud”), a truck driver, was engaged to transport cargo allegedly loaded onto the truck by Defendants J.B. Hunt Transport, Inc. (“Hunt”), J.B. Hunt Intermodal, and Prime Wheel Corporation. The cargo allegedly shifted while Mohamud was driving, causing the truck to tip over and crash, injuring Mohamud. On October 11, 2018, Mohamud filed a Comp...

Excerpt: ... status conference for June 18, 2020 at 8:30 AM in Dept. 20 re: the District Court of Arizona's ruling on the petition to compel arbitration. Moving party to give notice. All parties shall appear by court call if they do not submit on the tentative. The parties should not attend in person. If all parties do not agree to argue by Court Call, the hearing will need to be continued for 30 days in view of the Governor's emergency directives related to...

Excerpt: ...f action for intentional infliction of emotional distress. SVS's Motion to Strike is GRANTED IN FULL WITH LEAVE TO AMEND. Meza's third cause of action for negligence against SVS is DISMISSED without prejudice. ELARC's Demurrer is SUSTAINED WITH LEAVE TO AMEND as to the third cause of action for negligence. Meza is given 15 days leave to amend and file a Third Amended Complaint. Moving parties to give notice. All parties shall appear by court call...

Excerpt: ...ffected. The Court has reviewed the motion. There was no opposition filed. The Court denies the motion for the following reasons: 1. The two settlement agreements do not contain any trade secrets or proprietary information warranting sealing. The Court was not persuaded by the argument related to moving parties being put in any potential tactical disadvantage by reason of the disclosure of these agreements. 2. The two agreements do not contain sp...

Excerpt: ... SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action. Plaintiff is granted 20 days leave to amend and file a First Amended Complaint. Moving party to give notice. BACKGROUND On October 23, 2017, Plaintiff Mina Suh (“Suh”) entered into a business investment contract (the “Contract”) with Chef Kang Atelier Catering Company (“CKA”) for a lease and purchase of a food truck from Jessica Benson (“Benson”), who is not a part...

Excerpt: ...ndant Raj Saini. Plaintiff's Motion is DENIED WITHOUT PREJUDICE as to the first, second, and third causes of action against Defendant 2-Way Wireless, Inc. The Court sets an OSC re: default judgment for May 13, 2020 at 8:30 am in Dept. 20. in this Department. Plaintiff is ordered to file a default judgment package in compliance with CRC Rule 3.300 and CCP § 585 et seq. within 15 days of this ruling. Moving party to give notice. BACKGROUND On Augu...

Excerpt: ... AMEND. Plaintiffs are granted 15 days leave to amend file a Third Amended Complaint. Moving party to give notice. BACKGROUND On May 14, 2019, Plaintiffs Carlos Alberto Hernandez and Jessica Hernandez (“Plaintiffs”) filed a Complaint against Defendants FCA US LLC and Ellis Family Stores (“Defendants”). On August 14, 2019, Plaintiffs filed their First Amended Complaint (“FAC”). On October 10, 2019, Defendants filed a Demurrer to the FA...

Excerpt: ...nsolidation for May 6, 2020 at 8:30 am in Dept. 20, concurrent with the Final Status Conference. Moving party to give notice. BACKGROUND On April 6, 2018, TNIS Systems, Inc. (“TNIS”) filed a complaint against HJ Communication, LLC and HJA PNA, Inc., initiating case BC701011 (the “First Action”). On May 29, 2018, HJ Communication, LLC. filed a cross-complaint against TNIS and Kim. On September 17, 2019, Kim filed the Complaint against Defe...

Excerpt: ...ND as to the fourth cause of action. LADWP's Demurrer is OVERRULED as to the first, second, and third causes of action. LADWP's Motion to Strike is GRANTED. Gonzales is granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 11, 2019, Plaintiff Thomas Gonzales (“Gonzales”) filed a First Amended Complaint against Defendant Los Angeles Department of Water and Power (“LADWP”...

Excerpt: ...spondent re: Demurrer to Cross‐ Complaint) Notice: OK Ruling: Defendants' Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND as to the first, third, and fourth causes of action. Defendants' Demurrer is OVERRULED as to the second and fifth causes of action. Plaintiffs are granted 15 days leave to amend and then file a First Amended Complaint. Moving party to give notice. Plaintiffs' Demurrer to the Cross‐Complaint is SUSTAINED WITH LEA...

Excerpt: ...o's right to oppose the deposition subpoena. CLM's request for monetary sanctions is GRANTED in the total amount of $800.00 payable to CLM within 30 days of this order by Blended's counsel, LPL Lawyers. Moving party to give notice. BACKGROUND On January 18, 2019, Plaintiff Blended Clothing, Inc. (“Blended”) issued a written purchase order to Defendant CLM California Design Co. (“CLM”) for printing services on fabric provided by Blended. F...

Excerpt: ...dants CCAP Auto Lease LTD and Champion Dodge, LLC. Defendants' Demurrer is OVERRULED as to Ochoa's claims against FCA US LLC. Defendants' Motion to Strike is DENIED. Ochoa is granted 15 days leave to amend and then file a Third Amended Complaint. Moving party to give notice. BACKGROUND On April 24, 2018, Plaintiff Felix Israel Ochoa (“Ochoa”) leased a 2018 Jeep Wrangler from Defendant Champion Dodge, LLC. Defendant FCA US LLC is the manufactu...

Excerpt: ...or fraudulent inducement by intentional misrepresentations. Defendant's Demurrer is OVERRULED as to all other claims. Defendant's Motion to Strike is DENIED. Plaintiffs are granted 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On October 20, 2013, Judith Vargas and Cecilia Ramirez (“Plaintiffs”) purchased a 2014 Kia Optima (the “Vehicle”) from an authorized dealership of Defendant...

Excerpt: ... impartial arbitrator of the AAA. All matters in this case are now STAYED pending arbitration. The Court sets a status conference re: the status of arbitration for September 10, 2020, at 8:30 a.m. Moving party is ordered to file a status report re: arbitration on September 1, 2020. Moving party to give notice. BACKGROUND On September 6, 2017, Plaintiff Soheil Davood (“Davood”) applied for a job with Defendant Westlake Services, LLC (“Westla...

Excerpt: ...AVE TO AMEND as to causes of action one through five. Smithway shall file an Answer to the remainder of the Cross- Complaint within 15 days of this order. GCC shall file a Motion for Leave before filing an amended cross-complaint. The Demurrer is OVERRULED as to the sixth cause of action for declaratory relief. GCC's First Amended Cross-Complaint is STRICKEN as untimely, without prejudice to GCC filing a Motion for Leave to File the First Amended...

Excerpt: ...ndant MOR Financial Services, Inc. hired Plaintiff Rosalba Bonilla as an office administrator. On February 4, 2019, Plaintiff slipped and fell while working, injuring her wrist. Plaintiff filed a worker's compensation claim and was placed on medical leave from February 5 to February 7, 2019. On March 11, 2019, Plaintiff was again placed on medical leave when her injury worsened. On April 30, 2019, Plaintiff returned to work. Thereafter, Plaintiff...

Excerpt: ... 27, 2020. Defendant's records conditionally lodged under seal must be refiled under temporary seal—pending the March 27, 2020 hearing—within 15 days of this Ruling, Plaintiff's attempted Motion to Set Aside Notice of Settlement is VOID. Plaintiff's supporting filings and Defendant's Opposition and supporting filings are VOID. Moving party to give notice. BACKGROUND On October 29, 2018, Plaintiff Scott Ora filed a Complaint against Defendants...

Excerpt: .... Defendant is ordered to serve responses to Plaintiff's First Set of Special Interrogatories within 30 (thirty) days of this Ruling. Plaintiff's request for monetary sanctions is DENIED. Plaintiff's Motion to Deem First Set of Requests for Admission Admitted is GRANTED. Plaintiff's request for monetary sanctions against Defendant is GRANTED in the amount of $683.30. Defendant Joel Chun is ordered to pay $683.30 to the Law Offices of Nico N. Tabi...

Excerpt: ...rder of Joinder is DENIED. VRX is ordered to bear all Daher's arbitration fees and costs, including arbitrators' fees, in the arbitration of Daher's FEHA claims pursuant to this Order. All matters in this case are now STAYED pending arbitration. Moving party to give notice. BACKGROUND On September 14, 2018, Plaintiff Iyad Daher (“Daher”) entered into an Employment Agreement (the “Agreement”) with Defendant VRX Labs. The Agreement contains...

Excerpt: ...re ordered to meet and confer further regarding whether the proposed Third Amended Complaint would remedy the defects of the SAC identified in the Demurrer and whether the parties will stipulate to the filing of the TAC. If the parties are able to fully resolve the dispute, the Court will take the Demurrer and Motion to Strike off calendar. If the parties are unable to resolve part or all of the dispute, the Court will hear the dispute remaining ...

Excerpt: ... TO AMEND. Defendants' Motion to Strike is GRANTED as to Page 8, Lines 3‐5 and 22 of the FAC. Plaintiffs are given 15 days leave to amend and then file a Second Amended Complaint. Moving party to give notice. BACKGROUND On January 10, 2017, Lisa Ramirez (“Decedent”) was murdered by Michael Rogers, the boyfriend of tenant Jennifer Tallent, in Tallent's rented unit at the Flower Street Lofts apartment/condo complex owned by Defendant Flower S...

Excerpt: ...g Party: Plaintiffs William S. Nye, James KcKenna, Erren Gottlieb, Ablesoft, Inc., and Cascade Public Media Notice: OK Ruling: Both of Defendants' Motions to Strike and/or Quash Doe Amendments are GRANTED. Plaintiffs are not thereby precluded from seeking leave to amend under CCP §§ 472‐473. Moving party to give notice. BACKGROUND On August 23, 2017, Plaintiff William S. Nye sued Defendants The Walt Disney Company (“TWDC”), Touchstone Tel...

Excerpt: ...otice. ANALYSIS The court may order a case reclassified as a limited civil case upon finding to a “legal certainty” that a judgment over $25,000 cannot be obtained. (CCP §§ 403.040(a), 86(a)(1); Walker v. Superior Court (1991) 53 Cal.3d 257, 269 (reclassification proper when “lack of jurisdiction is clear,” a sufficient verdict is “virtually unattainable,” or such a verdict “simply could not be obtained”); Ytuarte v. Superior Co...

Excerpt: ...r separate cover within 10 days of this ruling. The Court now sets a hearing re: service of the cross- complaint for June 4, 2020 at 8:30 a.m. in Department 20. Moving party to give notice. ANALYSIS Defendant Justin Gimelstob seeks leave to file a cross-complaint under CCP § 428.10(b) and 428.50(c) on the grounds that (1) the proposed cross-complaint states related causes of action arising out of the same “transaction, occurrence, or series of...