Excerpt: ...reach of a written subcontract between the parties and Onni's alleged failure to pay Precision for pr oducts it provided to Onni, all in connection with Precision's work as a subcontractor at the real property located at 6933 Santa Monica Blvd., Los Angeles (the “Property”). Precision, which recorded a mechanics lien against the Property, has also sued RLI INSURACE BOND (“RLI”) to recover from the lien release bond the amount stated in th...

Excerpt: ...dant NK are general partners of the Group 48 limited partnership, which is controlled by Defendant Hogan. Plaintiffs and Defendants entered into this agreement in connection with the development of the Century Plaza Hotel (the “Project”). On 2/6/24, the Court granted Defendants' motion for judgment on the pleadings with leave to amend only with respect to the three causes of action in the Complaint (rescission -frustration of purpose; breach ...

Excerpt: ... services. (Compl., ¶ 1, Ex. A.) Defendant allegedly breached the contract by publishing behind-the-scenes videos of her work on social media accounts, without written permission as required by the contract. ( Id., ¶¶ 3, 11.) Plaintiff further alleges that Defendant admitted to breaching the contract at her deposition in another case. ( Id., ¶ 4, Ex. B.) Defendant now moves to strike the Complaint pursuant to Code of Civil Procedure Section 4...

Excerpt: ... default entered on 1/19/23 because the motion was untimely under Code of Civil Procedure Section 473(b). The Court entered the default judgment against Defendant on 3/19/24. The Court then de nied Defendant's ex parte application to set the default judgment and entry of default. Defendant now brings a noticed motion to set aside the default judgment and entry of default pursuant to Code of Civil Procedure Sections 473(d) and 473.5, as well as th...

Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...

Excerpt: ...h an option to purchase 2115 N. Upper Krest St., Los Angeles. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (“DMIF”) had foreclosed on a second d eed of trust. Also, Defendant DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as a strawman or alter ego. Plaintiff's causes of action are: 1) Fraud; 2) Violation Of Anti-Harassment Or...

Excerpt: ...he summary judgment hearing so that the Court could first consider Plaintiff's motion to amend the complaint. Plaintiff now moves f or a new trial under Code of Civil Procedure Section 657(1). (Plaintiff's notice of intention to move for new trial also states that Plaintiff moves for new trial under Code of Civil Procedure Section 657(7), but that code section is not referenced in the memorandum of points and authorities or the reply brief.) Defe...

Excerpt: ...ent owed under a lease with non-party HYUNDAE CAR WASH, INC. The cause of action is Breach of a Personal Guaranty. Plaintiffs bring a motion requesting the Court impose terminating or evidentiary sanctions, and $2,760.00 in monetary sanctions, because Defendants did not comply with the Court's 2/7/24 order compelling responses to Plaintiffs' form interrogatories. Defen dants oppose the motion. LEGAL STANDARD Ultimate discovery sanctions are justi...

Excerpt: ...e, electrical, emission, structural, and transmission system defects, which caused dangerous driving conditions. The causes of action are: 1. Violation of Song-Beverly Act - Breach of Express Warranty; 2. Violation of Song- Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; and 4. Negligent Repair. Defendants moved to compel arbitration based on the arbitration clause in the clause in the Retail Instal...

Excerpt: ..., discriminated against Plaintiff due to his disability. Defendants move for an order transferring this case to Ventura County, and requiring Plaintiff's counsel to pay $5,385.00 to Defendants. Plaintiff opposes the motion. LEGAL STANDARD A defendant seeking a change of venue has the burden to show facts justifying transfer of venue. Mission Imports, Inc. v. Sup. Ct . (1982) 31 Cal.3d 921, 929. The defendant must negate all possible bases for pro...

Excerpt: ...eeks an order for preliminary approval of a class action settlement. The settlement class consists of approximately 57 current and former exempt Production Managers, and/or hourly employees of Defendant in California. The agreement would provide them with an overall value of $610,000.00. LEGAL STANDARD Judges are to apply an appropriate standard of review of PAGA case settlements, by inquiring whether settlements are “‘fair, adequate, and rea...

Excerpt: ...n Of Documents, Set One. Plaintiff On Point Builders, Inc.'s Motion To Deem Requests For Admissions As Admitted Or, Alternatively, To Compel Defendant Las Palmas Silver, LLC's Further Responses To Request For Admission, Set One. Background Plaintiff and Cross -Defendant ON POINT BUILDERS, INC. (“On Point”) bring this case against Defendant and Cross -Complainant LAS PALMAS SILVER, LLC (“Las Palmas”) and Defendant DAVID PARTIEL for claims ...

Excerpt: ... of action are: 1. Forcible Entry; and 2. Forcible Detainer. Defendant has filed a motion requesting summary judgment against Plaintiff, or summary adjudication of the Affirmative Defense of Abandonment. Plaintiff opposes the motion. LEGAL STANDARD In moving for summary judgment or summary adjudication, a “defendant . . . has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of...

Excerpt: ...y judgment on its claims, or summary adjudication of the following issues: 1) Defendant Sanderson's obligation under the parties' lease agreement to pay rent to Plaintiff between April 2020 and December 2020 was not excused due to the COVID-19 pandemic and resulting government orders; 2) Defendant Sanderson abandoned the Premises on November 25, 2020; and 3) Defendant Sanderson's fixed- term lease for the premises expired on December 31, 2020. Pl...

Excerpt: ... alleged substandard conditions at the commercial property Plaintiffs leased from Defendant. Defendant has filed a motion to compel Plaintiffs' deposition attendance and document production, and requests monetary sanctions, contending that Defendant met and conferred with Plaintiffs about deposition dates, but Plaintiffs failed to attend. Plaintif fs oppose the motion and request monetary sanctions, arguing that informal discovery efforts and mee...

Excerpt: ...on. Plaintiff alleges that in February 2021 she sent Defendants a demand letter stating her intent to sue Defendants for employment discrimination. (Compl., ¶ 11.) Shortly after receiving the demand letter, Defendants filed a lawsuit against Plaintiff alleging claims for defamation, intentional interference with contractual relations, intentional interference with prospective economic relations, unfair competition, breach of contract, and breach...

Excerpt: ...fraudulently induced Plaintiff to make a loan on a real property investment and they failed to pay back a loan secured by a Gulfstream corporate jet. Plaintiff brings two motions to compel Defendant Niami's deposition attendance and response to document requests. The motions have different reservation numbers but otherwise appear to be duplicative of one another. The Court will refer to Plaintiff's filing as a motion (singular) for purposes of th...

Excerpt: ...laintiff and wrongfully terminated Plaintiff's employment, because of Plaintiff's cancer-related disability and/or medical condition. Defendants have filed a motion to compel arbitration. The Court had previously continued this motion for Plaintiff to have the opportunity to obtain discovery. Plaintiff filed no opposing memorandum to the motion to compel arbitration but did file evidentiary objections to two declarations. LEGAL STANDARD A party s...

Excerpt: ...lated dates. Plaintiff opposes the motion. LEGAL STANDARD Continuances of trial are disfavored and may be granted only on an affirmative showing of good cause. Cal Rules of Ct 3.1332(c). Circumstances that may show good cause include the substitution of trial counsel if there is an affirmative showing that the su bstitution is required in the interests of justice, or a party's excused inability to obtain essential discovery. Cal Rules of Ct 3.133...

Excerpt: ...) , and Roof Supply G&F San Diego (“Defendant Roof Supply”) related to a roof construction project. Defendant Roof Supply filed a First Amended Cross-Complaint (“FACC”) against some of the Plaintiffs as well as Defendants Altura and Garcia. Defendant Garcia has filed a motion to set aside entry of default. Plaintiffs have not opposed the motion. Separately, Defendant Roof Supply has filed a motion to set aside entry of default, which incl...

Excerpt: ...; 5. Harassment In Violation Of Gov't Code §§ 12940 Et Seq.; 6. Retaliation In Violation Of Gov't Code §§ 12940 Et Seq.; 7. Failure To Prevent Discrimination, Harassment, And Retaliation In Violation Of Gov't Code § 12940(K); 8. Violation Of The Ralph Civil Rights Act (Civil Code § 51.7); 9. Violation Of The Tom Bane Civil Rights Act (Civil Code § 52.1); 10. Retaliation (Lab. Code §§ 232.5, 1102.5 And 1102.6); 11. Wrongful Termination In...

Excerpt: ... from working with defendants' products containing crystalline silica. The causes of action are: 1) Negligence; 2) Strict Liability – Warning Defect; 3) Strict Liability – Design Defect; 4) Fraudulent Concealment; 5) Breach of Implied Warranties; and 6) Loss of Consortium. This tentative ruling addresses motions filed by two of the defendants. First, Defendant CAESARSTONE USA, INC. (“Caesarstone”) demurrers to each claim of the Complaint ...

Excerpt: ...wful Business Practices (Bus. & Prof. Code 17200 et. seq.); 2. Failure to Pay Minimum Wage; 3. Failure to Provide Meal Breaks; 4. Failure to Provide Rest Periods; 5. Labor Code Section 203 Wages; 6. Labor Code 226 Damages; and 7. Wrongful Termination in Violation of Public Policy. Defendants demur to the FAC and move to strike allegations regarding appointment of a receiver. Plaintiffs oppose as addressed below. LEGAL STANDARD Demurrers are to be...

Excerpt: ...nvey three parcels of land to Plaintiff in violation of a written settlement agreement between the parties. Plaintiff's First Amended Complaint (“FAC”), filed on 8/28/2023, alleges claims against Defendant for: (1) Breach of Contract/Specific Performance of Contract; (2) Quiet Title; (3) Breach of the Implied Covenant of Good Faith and Fair Dealing; (4) Declaratory Relief; (5) Nuisance; and (6) Negligent Interference with a Prospective Econom...

Excerpt: ...anctions. Plaintiff opposes the motion and seeks sanctions. LEGAL STANDARD Section 2025.450(a) provides that after service of a deposition notice, if a party fails to appear without service of a valid objection, the party giving the notice may move for an order compelling the deposition. A motion to compel deposition attendance m ust include a declaration showing that the moving party inquired about the nonappearance. CCP §2025.450(b)(2). “Imp...

Excerpt: ...ile attending a game on August 20, 2021. Defendant LOS ANGELES DODGERS LLC (“Defendant”) brings a demurrer to the single cause of action for violation of the Unruh Act. Plaintiff opposes the demurrer. Defendant correctly argues that the Unruh Act claim is time -barred under the two- year statute of limitations (Code Civ. Proc., § 335.1) because the face of the Complaint shows that Plaintiff's claim accrued on August 20, 2021, but he did not ...

Excerpt: ...ent Filed on October 13, 2014 in Case No. 05A01698 (CCP 473). Background In this case, plaintiff NAREK AROUTYNYAN (“Plaintiff') seeks to quiet title and for other relief against Defendants BAG FUND, INC. and JASON LYNN (“Defendants”) in connection with a property located at 8943 Telfair Avenue, Los Angeles, and owned by Plainti ff. In its Cross-Complaint, Defendant Bag Fund, Inc. (“Defendant Bag Fund”) seeks declaratory relief and unjus...

Excerpt: ...KMAN and JUDITH LORRAINE RYCKMAN (“Plaintiffs”) brought this case against Defendants LAURA DREXLER and DAVID DREXLER as Trustees of the Drexler Trust (“Drexler Defendants”), and the Drexlers' attorney Michael Schwimer (“Schwimer”) (Drexler D efendants and Schwimer collectively referred to herein as “Defendants”), to preclude enforcement of sanctions orders issued in a separate case between Plaintiffs and the Drexler Defendants. Sc...

Excerpt: ...ant of Good Faith And Fair Dealing; 3) Private Nuisance; 4) Violation of Penal Code 496; 5) Battery; 6) Unfair Business Practices; and 7) Intentional Infliction of Emotional Distress. Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. LEGAL STANDARD Demurrers are to be sustained where a pleading fails to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992) 4 Cal. App. ...

Excerpt: ...Defendants Thomas Block and Sue Emrek (“Defendants”) related to Defendants' involvement with a loan and deed of trust for the property at 4351 La Barca Drive, Tarza na, California (the “Property”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quie...

Excerpt: ...pal Code § 6-1-1010 to impound motor vehicles owned by Plaintiff. The causes of action i n the First Amended Complaint (“FAC”) are: (1) Declaratory and Injunctive Relief Re Vehicle Code Preemption of City Ordinance; (2) Declaratory and Injunctive Relief Re Violation of California Due Process Clauses; (3) Declaratory and Injunctive Relief Re California State Privileges or Immunities; and (4) Declaratory and Injunctive Relief, and for Damages ...

Excerpt: ...LLC (“Defendant”) produces, markets, and sells makeup an d skincare products through its websites and various brick-and-mortar stores. Plaintiff alleges that Defendant's website has access barriers that make it impossible for visually impaired individuals like Plaintiff to utilize the websites. Plaintiff's First Amended Complaint (“FAC”) alleges one cause of action for violation of the Unruh Civil Rights Act (“UCRA”), Civil Code §§ ...

Excerpt: ...401k PLAN, S.B.S. TRUST DEED NETWORK, PENSCO Trust Company LLC, Custodian FBO Sylla McClellan IRA: 080000001321, JAMES C. ELKINS, MELINDA J. ELKINS, ELKINS FAMILY REVOCABLE TRUST OF 2002, LAWRENCE C. HENIG, D.D.S., INC. (“Defendants”) who allegedly fraudulently induced Plaintiff into loan modification agreements regarding the loan on Plaintiff's apartment property at 4757 S. Mansfield, Los Angeles, CA 90026 (the “Property”). Plaintiff mov...

Excerpt: ...”) filed an Unlawful Detainer Complaint against ANSELMO SANCHEZ, alleging service upon Defendant of a notice to pay rent or quit. Defendant filed an Answer alleging that Plaintiff had breached the warranty of habitability by failing to make repairs and the amount in the notice to pay rent or quit included rent not yet due. Defendant previously filed a motion to compel Plaintiff's managing agent Jeet Jogani's deposition, and to impose $1,625.00 ...

Excerpt: ...ses, without objections, to Defendant's Form Interrogatories, Set Three, and for $1,410.00 in sanctions against Plaintiff and counsel. Defendant served Plaintiff with the form interrogatories on May 16, 2023. (Maddock Decl., ¶ 5.) Plaintiff did not serve responses timely, and still did not serve responses even after Plaintiff provided Defendant an extension to serve objection-free responses in July 2023. (Id., ¶ 7.) Prior to the hearing on this...

Excerpt: ...f funds from Plaintiffs when he served as CEO of Hwy Logistic, Inc. The Second Amended Complaint (“SAC”) also alleges that Li, Chih's wife, engaged in fraud by receiving Chih's salary in her name and that she and Chih engaged in a fraudulent scheme to steal and dissipate Plaintiffs' assets and embezzle Plaintiffs' funds. The SAC alleges the following causes of action solely against Chih: First Cause of Action for Breach of Contract; Third Cau...

Excerpt: ...e residential property at 1115 S. Sherboume, Los Angeles, CA 90035 (“Property”), by failing to rent for the years 2020, 2021, and 2022. Cross-Complainants filed a Cross-Complaint seeking damages against Cross-Defendants for allegedly untenantable and substandard conditions at the Property. Cross-Complainants also allege that Cross-Defendants are involved in improper debt collection activities. Cross- Complainants' causes of action are: 1) Bre...

Excerpt: ...hen fraudulently induced him to sign a severance agreement that contained an illegal no-rehire clause. Plaintiff, who is in his early 60s, alleges he began working at Defendants' retail store in Beverly Hills in 2010 and received positive performance reviews from Defendants up until he was terminated in 2019. (First Amended Complaint (“FAC”) ¶¶ 26, 28, 38-39.) Plaintiff alleges that he “frequently” complained to Defendant Kathy Martin (...

Excerpt: ...d LA Apparel terminated her employment after she reported Newman's misconduct to the company. Plaintiff's individual causes of action in the Complaint are: (1) Sexual Harassment (Cal. Civ. Code § 51.9); (2) Sexual Harassment in Violation of FEHA (Hostile Work Environment); (3) Quid Pro Quo Sexual Harassment; and (4) Failure to Prevent Hostile Work Environment and Harassment in Violation of FEHA. Plaintiff's Fifth Cause of Action alleges a PAGA c...

Excerpt: ...GROUND In this case, PATRIZIO MOI (“Plaintiff”), a self-represented litigant, seeks damages against Defendants DLA PIPER LLP (US); DLA Piper attorneys MILES COOLEY; MICHAEL GARFINKEL; JASON LUEDDEKE; and MICHAEL BROWN (collectively, “Moving Defendants”); JABARI's INC.; JABARI MCDAVID (“McDavid,” Jabari Inc.'s owner); and PHILIP LAWRENCE in connection with a lawsuit (“Lawsuit 1”) filed by Plaintiff and Jabari's Inc. against Lawrenc...

Excerpt: ...tiff's former attorney Helen Yu. That arbitration ended with a fee award of more than one million dollars in Yu's favor. In the post-judgment litigation following the arbitration award, the court ultimately ordered a sheriff's sale of two real properties owned by Plaintiff to satisfy the judgment. The causes of action in Plaintiff's Complaint are: 1) Professional Malpractice; and 2) Breaches of Fiduciary Duties. Defendants move for summary judgme...

Excerpt: ...intiff's property. Plaintiff alleges three causes of action: (1) Negligence, (2) Nuisance, and (3) Trespass. Plaintiff seeks punitive damages for the nuisance and trespass causes of action. Defendants filed a motion to strike the punitive damages allegations from the Complaint. Plaintiff opposes the motion. Legal Standard A court properly grants a motion to strike punitive damages when the complaint fails to set forth the elements in the general ...

Excerpt: ...endant has filed a motion seeking a stay of this action pending the outcome of an administrative proceeding Plaintiff filed that it pending before the Los Angeles County Civil Service Commission (the “Administrative Proceeding”). Plaintiff opposes the motion. Legal Standard An employee may, but need not, exhaust a city's internal grievance procedures in addition to FEHA's administrative remedy, before pursuing a FEHA action in superior court....

Excerpt: ...ons Both motions are granted. On or before 2/26/24, Defendant NAI HIFFMAN and Defendant HIFFMAN NATIONAL OF CALIFORNIA, INC. shall serve further responses, and produce documents, without objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents served by Plaintiff KELLEY CLOUD. On or before that same date, Defendant NAI HIFFMAN and Defendant HIFFMAN NATIONAL OF CALIFORNIA, INC. ...

Excerpt: ...RAL INSURANCE COMPANY (“Plaintiff”) seeks a declaratory judgment that an insurance policy it issued to Defendant GO MAPS, INC. (“Defendant Go Maps”) does not provide coverage for an arbitration that Defendant REDPOINT COUNTY MUTUAL INSURANCE COMPANY (“Defendant Redpoint”) noticed against Defendant Go Maps, and that the insurance policy also does not cover other lawsuits between Defendant Go Maps and Defendant TOPA INSURANCE GROUP. Spe...

Excerpt: ...ndant LAUSD (“Defendant”) for head injuries she sustained after she fell at her elementary school playground. Defendant previously conducted independent medical exams (IMEs) of Plaintiff. Defendant has filed a motion requesting leave to have Plaintiff submit to further neurological, psychiatric, and neuropsychological IMEs, and to reopen discovery for the limited purpose of subpoenaing Plaintiff's medical records, and for the deposition of Pl...

Excerpt: ...he 2011 guarantee agreement with regards to the lease. Defendants 1650 SCHRAEDER BLVD., LLC and SBE RESTAURANT GROUP, LLC (“Defendants”) have filed a motion to compel arbitration and stay this case pending the arbitration. Plaintiff opposes the motion. Legal Standard Under CCP § 1281.2, the party moving to compel arbitration bears the burden of demonstrating that “an agreement to arbitrate the controversy exists.” “With respect to the ...

Excerpt: ...audulently obtained loans and additionally misappropriated funds from Plaintiffs. On 8/13/2020, Plaintiffs got default entered against Defendants. On 8/25/2020, Defendant Ozer, individually and derivatively on behalf of Builders and Mayflower (“Defendant”), filed a Cross- Complaint against Plaintiffs as well as HILDA COMBS, alleging that Combs improperly took control of Builders and diverted its funds to herself and asserting claims for conve...

Excerpt: ...“Defendant/Cross- Complainant”) and Defendant DAVID PARTIEL (“Defendant”) for claims arising out of Defendants' alleged failure to pay for Plaintiff's work on a construction project. On 9/22/2022, Defendant/Cross-Complainant filed a Cross-Complaint against Plaintiff and Cross-Defendant ISAAC POSADA, alleging claims based on the alleged failure to complete the construction work, doing substandard work, and abandoning the project. Defendant...

Excerpt: ...he apartment. Defendants filed Answers generally denying the allegations of Plaintiffs' Complaint and asserting twenty-six affirmative defenses. Plaintiffs filed this demurrer to the 7th through-10th, 13th through-15th and 23rd Affirmative Defenses, arguing that they fail to state facts constituting a defense or are uncertain. Defendants oppose the demurrer. Meet and Confer A demurring party must meet and confer with the opposing party in person ...

Excerpt: ...he 2005 lease agreement with Plaintiffs by failing to pay the agreed-upon rent starting in May 2023, and also breached the 2011 guarantee agreement with regards to the lease. Specially Appearing Defendant SBE Ent Holdings, LLC (“Defendant”) filed this motion to quash service of summons, arguing this Court does not have personal jurisdiction over it. Plaintiff opposes the motion. Legal Standard When a defendant files a motion to quash for lack...

Excerpt: ...he Request For Production Of Documents, Set One, And Request For Sanctions; Motion Of Plaintiff To Compel Verified Responses By Irbusiness, Inc. To The Request For Production Of Documents, Set One, And Request For Sanctions. All four motions are granted. Background IMMIGRANT RIGHTS DEFENSE COUNCIL, LLC (“Plaintiff”) filed suit against Defendants for alleged violation of the Immigration Consultant Act (“ICA”) Plaintiff has filed four motio...

Excerpt: ...tary sanctions is denied, the Court finding the motion to set aside has merit. Background Plaintiff JOSE ANTONIO OLIVARES LIRA's (“Plaintiff”) Complaint alleges that Defendant SILVESTRE COSIO (“Defendant”) agreed to produce textile materials in exchange for money tendered by Plaintiff, but Defendant never delivered the materials. On 8/3/2022, the Court granted Plaintiff's motion to compel responses to Plaintiff's Interrogatories (Set 1), ...

Excerpt: ... 2 nd cause of action for sex status discrimination (in violation of Gov. C. §12940, et seq.) and the 8 th cause of action for failure to prevent discrimination. Defendant's Request for Judicial Notice is GRANTED. Defendant ABC Unified School District's Motion for Separate Trial of Plaintiff Montenegro's Fourth, Fifth, Sixth and Seventh Claims is GRANTED pursuant CCP §1048(b). Plaintiffs Maria Cota, Judi Dixon, Linda Harbin, and Theresa Montene...

Excerpt: ..., for damages arising from childhood sexual abuse while under the custody and care of defendants at George Washington Preparatory High School around 2005 or 2006. Plaintiff alleges that, pursuant to Government Code Section 905(m) (“Section 905(m)”), this action brought under Section 340.1 is exempt from the claims presentation requirement in the Government Claims Act. (Complaint, ¶ 29). Plaintiff alleges the following causes of action agains...

Excerpt: ...and representative capacity as Trustee of the Esperanza Molina Revocable Trust – 1995, alleging two causes of action: (1) Violation of the Unruh Civil Rights Act (“Unruh”) and (2) Violation of the California Disabled Persons Act (“CDPA”). Defendant filed a Demurrer and Motion to Strike the Complaint. Plaintiff opposes both. Factual Background – Plaintiff is a high-frequency litigant as defined by CCP § 425.55, and an ADA advocate and...

Excerpt: ... defendants, for the apartment at 7950 W. Sunset Blvd. #337, Los Angeles, but Defendants failed to maintain habitable conditions in spite of repeated notice of uninhabitable conditions, such as lack of heating, infestations, dampness, mold, dilapidation, buckling ceiling, adequate garbage receptacles, broken doors and windows and lack of weatherproofing. Plaintiffs allege five causes of action. Plaintiffs' prayer for relief seeks punitive damages...

Excerpt: ...Court granted summary judgment in favor of Plaintiff and against Defendants, and entered judgment against Defendants. In their motion before the Court, Plaintiff requests an award of attorneys' fees in the amount of $11,391.25 and costs in the sum of $l ,250.00. Bases for those requests include: 1) Plaintiff is the prevailing party against Defendants because the Court filed a Judgment against Defendants; and 2) Plaintiff is entitled to recover it...

Excerpt: ...at Plaintiff BEEMAK PLASTICS, LLC. On 6/24/21, the Court entered default Judgment in the total sum of $1,426,093.43 against Defendant. Defendant filed a motion to set aside/vacate the judgment in June 2023, which the Court granted on 8/3/23. Plaintiff brings this motion for leave to file a First Amended Complaint to add Sandra Romero as an alter ego defendant and to add alter ego allegations. Defendant opposes the motion. The Court may allow a pa...

Excerpt: ...f The Court has considered the moving, opposition and reply papers. BACKGROUND This action was initiated on July 31, 2023 and arises out of an employment relationship. The currently operative first amended complaint (the “FAC”), filed on August 21, 2023, alleges: (1) whistleblower retaliation in violation of Labor Code section 1102.5; (2) age, sex, and gender discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (3)...

Excerpt: ...n allegations that SIOF, as commercial lessor and lender, agreed to provide over $350,000 for Phood Farmacy tenant's improvements to prepare 1000 E. 60th Street, Los Angeles for occupancy, but Phood Farmacy abandoned the premises after about 7 months of possession and refuses to repay the loan or pay the rent. The causes of action are: 1) Breach of Lease; 2) Failure to Repay Loan; 3) Common Counts: Money Owed; 4) Unjust Enrichment; 5) Intentional...

Excerpt: ...und November 24, 2020, and wrongfully terminated about March 7, 2022, without engaging in any interactive process, after she twice suffered work-related injuries, a supervisor harassed her, and she was not allowed meal or rest breaks. Defendants now bring a motion to compel Plaintiff to arbitrate the Complaint, while this case is stayed or dismissed. Plaintiff opposes the motion. FAA As a threshold issue, Defendants contend that the Federal Arbit...

Excerpt: ...�) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a business relationship. On May 4, 2023, a judgment (the “Judgment”) was entered in Moving Cross-Complainants' favor against Plaintiff/...

Excerpt: ... (“Major League”) filed a Complaint alleging that Defendants/Cross-Complainants wrongfully took two trailer chasses, and a shipping container of goods and office equipment, and wrote a check with insufficient funds. Defendants/Cross- Complainants' Cross-Complaint alleges that Major League and other cross-defendants agreed to pay Cross-Complainants for storing items at Cross-Complainants' property but they have failed to pay any of the rent ow...

Excerpt: ...(“Lamb”) request for sanctions is denied, the Court finding substantial justification. E.g., CCP § 2023.030. The motion to compel further responses to the document requests and production of documents is granted. On or before 1/22/24, Lamb shall serve further responses, and produce documents, in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to all requests for documents addressed in the separate statement. On ...

Excerpt: ...sed the subject property to Plaintiffs and that the property has uninhabitable conditions including spider and ant infestation, mold contamination, dysfunctional plumbing systems, dysfunctional electrical outlets, lack of heating, deficient fire protection systems, lack of hot water, offensive odors, and deterioration and dilapidation, and Defendant has been cited by the City for various violations. The causes of action are: 1. Violation of Calif...

Excerpt: ... against Defendant Phood Farmacy 2 LLC (“ Phood Farmacy”), asserting seven claims based on allegations that SIOF, as commercial lessor and lender, agreed to provide over $350,000 for Phood Farmacy tenant's improvements to prepare 1000 E. 60th Street, Los Angeles for occupancy, but Phood Farmacy abandoned the premises after about 7 months of possession and refuses to repay the loan or pay the rent. On 9/25/23, in consolidated case number 22STC...

Excerpt: ... Defendant filed a demurrer and Plaintiff failed to file an opposition. The Court therefore sustained the demurrer with 20 days' leave to amend on 8/15/23. On 10/3/23 (well after the allotted 20 days' leave to amend had passed), Plaintiffs filed a First Amended Complaint, alleging that Plaintiff Mi Young Kim leased premises from Defendant for a retail business but Defendant failed to deliver the premises in good working condition, and to fix the ...

Excerpt: ...arty's request for judicial notice is denied. On 1/9/23, plaintiffs LEO GONZALEZ et al. filed a First Amended Complaint (“FAC”) containing twelve causes of action based on allegations that plaintiffs are tenants at 625 S. Burlington Ave., Los Angeles, which has uninhabitable conditions, including cockroach infestations, widespread mold contamination, open exposure to raw sewage, plumbing issues, faulty and insufficient utilities, structural d...

Excerpt: ...ll serve further responses, and produce documents, without objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents identified in moving party's separate statement filed with the motion. On or before that same date, Defendant COLLEGE VISTA POST-ACUTE and GIOV ANNIELLO LAW GROUP jointly and severally shall pay discovery sanctions in the sum of $5,505.00 to Plaintiff, the Court f...

Excerpt: ...rrer ruling. On 7/13/21, RANDALL BERNARD ALLEN (“Plaintiff”), a self-represented litigant, filed a Complaint against VISTA POINT, INC. (“Defendant”) and PACIFIC LIFE & ANNUITY SERVICES, INC. (“Co-Defendant”). On 8/24/21, Plaintiff filed a First Amended Complaint, alleging: Pacific Life Insurance Company, acting as a subsidiary of the City of Los Angeles, failed to establish a special needs trust of structured annuity payments due mont...

Excerpt: ... property at 4757 S. Mansfield, Los Angeles, CA 90026, were defendants MURAL MEDIA, LLC and S.B.S. TRUST DEED NETWORK that allegedly entered into the original loan and deed of trust while incapable of legally doing business in the State of California, due to their filing LLC cancellations. Defendants BRUETSCH and CAPITALBENEFIT, INC., allegedly acted as agents for defendants. Other defendants allegedly represented themselves as being the lien hol...

Excerpt: ...oor, Los Angeles, and the individual defendant is an alter ego of the entity lessor. The causes of action are: 1) For Breach of Lease; 2) Violation of Civil Code §3439; 3) Fraudulent Transfer in Violation of Civil Code §3439.04(A)(2)(A); 4) Open Book Account; 5) Account Stated; and 6) Unjust Enrichment. Defendants demur to each claim of the First Amended Complaint. Plaintiff opposes the demurrer. 1) Breach of Lease. Defendants contend that the ...

Excerpt: ...ke the elements of claim or issue preclusion). On 6/23/23, “S.W.” (“Plaintiff”) filed a First Amended Complaint (“FAC”) against LOS ANGELES UNIFIED SCHOOL DISTRICT (“Defendant”), alleging that this is a revival action filed pursuant to California Code of Civil Procedure Section 340.1 (“Section 340.1”), for damages arising from childhood sexual abuse while under the custody and care of defendants at George Washington Carver Mid...

Excerpt: ...) filed a Complaint alleging that the employer defendants wrongfully terminated Plaintiff's work as a machine operator and meat packer, in retaliation for Plaintiff's complaints about sexual harassment by a manager. Plaintiff alleges claims under the Fair Employment and Housing Act (FEHA), among others. Moving and joining defendants bring a motion to compel Plaintiff to submit all causes of action to arbitration in accordance with an arbitration ...

Excerpt: ...shall arbitrate the controversies between them, including the entire Cross-Complaint, in accordance with their agreement to arbitrate. This entire case is stayed until such arbitration has been completed or until other further order of the Court. On 1/9/23, plaintiffs filed a First Amended Complaint, alleging that plaintiffs are tenants at 625 S. Burlington Ave., Los Angeles, which has uninhabitable conditions, including cockroach infestations, w...

Excerpt: ... are granted, except for sanctions, without prejudice to serve any proper, narrowed subpoenas. The Court quashes Defendant's subpoenas served on Health Nut, Allied Universal Security Services and Ipic Theaters, LLC. On 10/1/20, Plaintiff JOSE MAGALLON (“Plaintiff”) filed a PAGA Complaint alleging employment at GUS'S WORLD FAMOUS FRIED CHICKEN (“Defendant”), and the employer's violations of Labor Code sections: 201-203 (failure to timely p...

Excerpt: ...sale of Plaintiff's products, by fraudulently representing that they would pay, by delivering certain checks drawn from accounts having no funds. The causes of action are: Common Counts, Promissory Fraud, and Fraudulent Uttering and Delivery of Check or Drafts in Violation of California Penal Code §476a. Defendants have filed a demurrer to the Complaint's Fourth and Fifth Causes of Action, and a motion to strike allegations regarding punitive da...

Excerpt: ...ments is denied in part (as to document request numbers 16, 20, 27, and 29, and as to sanctions), and is otherwise granted. On or before 12/10/23, Plaintiff shall serve further responses, and produce documents, without unsupported objections, and in full compliance with the California Discovery Act, CCP §2016.010 et seq., as to the requests for documents served by Defendant. The motion to compel a deposition is granted, and sanctions in the amou...

Excerpt: ...and induced and interfered with a sublease. On 7/28/23, Cross Complainant filed a Second Amended Cross-Complaint alleging that Cross- Defendant in his capacities as manager, investor and attorney for the Global Hotel Project, breached fiduciary duties and committed fraud, as to investors including Cross- Complainant. The Cross-Complaint's listed causes of action are: 1. Breach of Contract; 2. Breach of the Implied Covenant of Good Faith and Fair ...

Excerpt: ...able for the landlord's attempting to evict plaintiffs in retaliation for inhabitability complaints, Plaintiff's personal injury case, and low rent due to rent control. The causes of action are: 1. Breach of Rental Contract; 2. Breach of Covenant of Good Faith And Fair Dealing; 3. Trespass; 4. Harassment; 5. Retaliation; 6. Wrongful Eviction [CA Civil Code § 789.3(A)]; 7. Uncured Building Violations [Code § 1942.2]; 8. Breach Of Warranty of Hab...

Excerpt: ...“Defendant”), alleging that Plaintiff purchased a new 2018 Chevrolet Silverado, having and developing serious defects and nonconformities to warranty, which Defendant was unable to conform after a reasonable number of attempts. The causes of action are: 1. Violation of Song- Beverly Act- Breach Of Express Warranty; 2. Violation of Song-Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; 4. Violation...

Excerpt: ...eging that defendants and co-conspirators MICHAEL SCHNEIDER, LOUIE CASTRO, and ZAKARI KURTZ (“defendants”), locked Plaintiff out of the Internet business selling sneakers, which he founded. After Plaintiff dismissed Defendants Castro and Kurtz, Plaintiff and Defendant Schneider proceeded to binding arbitration. Plaintiff (“Petitioner”) has filed a petition to confirm an arbitration award, on grounds including these: 1) Petitioner should n...

Excerpt: ...rney fees, negligently handled the matters, including by failing to question witnesses about exorbitant fees, and failing to raise defenses to show a void fee agreement. In January 2021, Plaintiff filed a Doe Amendment adding Defendant Antoinette Susan Waller. On 10/30/23, the Clerk issued a notice of rejection of default documents regarding DOE Defendant Antoinette Susan Waller, partly based on noted defects of the most recent proof of service o...

Excerpt: ...inding the absence of substantial justification. E.g., CCP § 2023.030. On 7/3/17, Plaintiff MARIO LINO MIRAMONTES ("Plaintiff') filed a Complaint. On 8/8/18, Plaintiff MARIO LINO MIRAMONTES filed a First Amended Complaint, alleging that defendants breached a verbal agreement, granting Plaintiff exclusive rights to proprietary custom spice blends, formulations and recipes, in growing the business called “San Pedro Fish Market,” including by i...

Excerpt: ...with prejudice as to Defendant Mauer. The Court reviewed the docket and determined that due to inadvertence, it did not calendar the motion for terminating sanctions filed by Defendant Joseph Carey, M.D. for 11/30/2023 despite the Court's order continuing the motion to 11/30/23. As a result, the Court is not prepared to conduct the hearing on that motion on 11/30/2023. The Court will discuss with the parties on 11/30/2023 a hearing date in Decemb...

Excerpt: ...amend. On 6/20/23, FRANK LARA JR. (“Plaintiff”) filed a Complaint against SOUTHERN CALIFORNIA HOSPITAL AT HOLLYWOOD (“Defendant”), alleging that, on or about 10/29/22 to 11/1/22, Plaintiff was admitted to Defendant's medical center for a routine procedure, but Defendant's nurse and staff would not address his ongoing complaints about an IV inserted in his left hand, even after he repeatedly complained of pain caused by leaking fluids, whi...

Excerpt: ...nst FORD MOTOR COMPANY (“Defendant”), alleging that they purchased a 2018 Ford F- 150 having engine and electrical defects, and the manufacturer failed to replace the vehicle or make restitution after a reasonable number of repair attempts. The causes of action are: 1) Violation Of Song-Beverly Act - Breach Of Express Warranty; 2) Violation Of Song-Beverly Act - Breach Of Implied Warranty. On 6/9/23, plaintiffs filed a notice of settlement of...

Excerpt: ...est for Order Awarding Monetary Sanctions Against Defendant Hogan in the Sum of $800. Both motions are continued for hearing to 1/3/24 at 8:30 a.m. in Department 55. Due to inadvertence, the motion for further responses to form interrogatories was not on the Court's calendar for 11/21/23, but it is moved to 1/3/24 along with the other motion. At least 10 days before that continued hearing date, Plaintiff Fang shall serve and file up-to-date separ...

Excerpt: ...“Defendant” or “VWGoA”), alleging that, on 10/6/20, Plaintiff leased a 2019 Audi E-Tron, having serious defects and nonconformities to warranty. Plaintiff sued Defendant under the Song-Beverly Consumer Warranty Act for breach of the implied and express warranties that Defendant furnished to Plaintiff in connection with the lease of the Subject Vehicle. Plaintiff has filed a motion to compel Defendant to serve further documents and to prod...

Excerpt: ...itions. The causes of action are: 1. BREACH OF CONTRACT 2. BREACH OF IMPLIED WARRANTY OF HABITABILITY 3. BREACH OF COVENANT FOR QUIET ENJOYMENT 4. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING 5. NEGLIGENCE 6. PREMISES LIABILITY 7. NEGLIGENT MISREPRESENTATION 8. INI'ENTIONAL MISREPRESENTATION 9. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 10. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 11. CONCEALMENT 12. UNFAIR BUSINESS BRACTICES 13. DEFAMAT...

Excerpt: ... Amended PAGA Complaint, alleging that defendants employed her to care for their young child and their pets, purchase groceries, cook, run errands, and perform other household duties, while committing various wage-and-hour violations, as to Plaintiff and other aggrieved employees. Plaintiff further alleges that Defendants did not pay overtime compensation at one-and-one-half times her regular rate, provide meal and rest breaks, provide itemized w...

Excerpt: ...�defendants”) of 11827 S. New Hampshire Ave., Los Angeles. On 6/7/22, plaintiffs filed a First Amended Complaint. On 8/31/22, plaintiffs and Co-Defendant Defendant, BRUCE DUREN, administrator of the Estate of ODESSA WARE PORTER stipulated to stay this entire action pending contractual arbitration, and filed the document 9/1/22. On 9/9/22, the Court ordered the entire action stayed, pursuant to the stipulation. On 3/21/23, plaintiffs filed a not...

Excerpt: ...cind the sale and to get amounts for damages, based on Defendants' intentional concealment that the County had red- tagged the property, and that no other improvement could be made on the property without resolving the issues of the permits and the work done by Defendant. Plaintiff filed a motion for leave to file a proposed First Amended Complaint, which amends several causes of action to add additional defendants, adds causes of action to alleg...

Excerpt: ...and Defendant shall arbitrate the controversies between them, including the entire Complaint, and the motion to compel the deposition, in accordance with their agreement to arbitrate. This entire case is stayed until such arbitration has been completed. The Court will set a post-arbitration status conference. On 3/1/23, Plaintiff filed a Complaint alleging that Defendant Hyundai Motor America breached a warranty that it had attached to a new 2022...

Excerpt: ...of over $400,000 in attorneys' fees, costs and interest owed by ELIOT CARMI (“Defendant”) for legal services undertaken on his behalf. Plaintiffs filed two motions to compel further discovery responses, both with monetary sanctions requests. The first motion is to compel further responses to form interrogatory number 15.1 regarding support for certain affirmative defenses. The second motion is to compel production of documents as agreed. Defe...

Excerpt: ...ent was entered against J-M. Walsworth filed a Cross-Complaint against J-M, Outside GC, LLC (“Outside”), counsel Frank Fletcher (“Fletcher”) and others, alleging they are responsible for the unfavorable judgment in the underlying asbestos case. Outside has now filed a motion seeking an order from the Court for a determination that the settlement between Outside, Fletcher and J-M was entered into good faith pursuant to CCP § 877.6. (Fletc...

Excerpt: ...laintiff sued Nissan North America, Inc. (“Nissan”) under the Song-Beverly Consumer Warranty Act for breach of the express and implied warranties that Nissan furnished to Plaintiff in connection with the purchase of the Subject Vehicle. Nissan moved to compel arbitration of Plaintiff's Song-Beverly Act claims based on an arbitration clause in the Retail Installment Sales Contract (“Sales Contract”). Nissan argued that it can enforce the a...

Excerpt: ...4. Also, demurrers are to be sustained where a pleading fails to plead adequately any essential element of the cause of action. Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 879-80. Plaintiff's form Complaint has a box checked for contract breach, but alleges fraud in connection with a contract, without alleging all elements of either cause of action. The elements to allege as to a claim for breach of contract are: 1. Existence of con...

Excerpt: ...ction of Emotion Distress, without leave to amend), and are otherwise overruled. Both motions to strike are denied. Twenty days to answer. Background On 2/2/22, two individual plaintiffs anonymously filed a Complaint using their names initials, H.C. and S.A. On 2/17/22, plaintiffs filed a First Amended Complaint (“FAC”), alleging that plaintiffs were patrons at the Mayfair Hotel at 1256 W 7th Street, Los Angeles, where a hotel security guard ...