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 ...

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: ...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: ...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: ...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: ...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: ...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...