Excerpt: ...ts”) alleging, among other claims, a claim for declaratory relief in connection with a Partnership Agreement and Operating Agreement pur portedly entered into between Plaintiff and Darlene J. Upchurch-Friedman for properties located on La Brea Avenue and W. Jefferson Boulevard in Los Angeles (the “Property”). Defendants' Cross-Complaint alleges claims against Plaintiff for trespass, intentional interference with prospective economic relatio...

Excerpt: ...t of Quiet Enjoyment, (4) Breach of the Implied Warranty Of Habitabili ty - Civ Code §1941.1, (5) Intentional Infliction of Emotional Distress, (6) Intentional Misrepresentation (Civ Code§1709), (7) Abuse of Process, (8) Landlord Retaliation (Civ. Code § 1942.5), (9) Violation Of Bus. & Prof. Code § 17200 et. seq., Unlawful, Fraudulent and Unfair Business Acts and Practices, and (10) Negligence. Plaintiff now seeks leave to file a proposed Fi...

Excerpt: ...ient utilities, structural defects, and deficient security. Cross -Defendant/Cross -Complainant INGENIOUS ASSET GROUP, INC. (“Ingenious”) filed a First Amended Cross -Complaint (“FACC”), alleging that it was harmed by Plaintiffs and the new property owners due to their failure to timely correct the habitability issues that allegedly existed during or before the property transfer on 3/4/20. Plaintiffs demur to the First, Fourth, Fifth and ...

Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...

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: ...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: ...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: ..., 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...