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 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 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 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: ...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: ..., 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: ... 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: ... 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: ... (“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: ...�) 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: ...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: ...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: ...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: ...(“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: ...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: ...) 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: ... 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 ...