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: ...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...

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 ...

Excerpt: ...ed. Zajac opposes the motion. In considering a motion to reclassify a case as limited pursuant to CCP §403.040, “the superior court must deny the motion to reclassify the case as limited (and thus keep the matter in the unlimited civil court) unless it appears to a legal certainty that the plaintiff's damages will necessarily be less than $25,000.” Ytuarte v. Sup. Ct. (2005) 129 Cal. App. 4th 266, 277. Accord Stern v. Sup. Ct. (2003) 105 Cal...

Excerpt: ... & SAE CODE S 1342.2 10. DECLARATORY AND INJUNCTIVE RELIEF. According to the allegations, Plaintiff performed COVID-19 and PCR testing patient specimens at its laboratory, and Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Promise Health Plan (collectively, "Defendants") are a group health plan and/or a health insurance issuer. Plaintiff alleges that Defendants failed to pay Plaintiff $38,400...

Excerpt: ...y and partially disabled by a work injury to his finger, he requested medical accommodations, he took disability leave, he had medical restrictions, and he filed a worker's compensation claim. Defendant Right Size Plumbing & Drain Co., Inc. dba Tip Top Drain Pro (“Defendant”) demurs to the first, second, fifth, sixth, seventh, eighth and ninth causes of action in Plaintiff's Complaint. Defendant separately moves to strike: (1) Plaintiff's req...

Excerpt: ... activities on an adjacent property. Plaintiffs brought this case against Defendants City Wall Construction, Inc. (City Wall) and 621 Rodeo Drive, LLC (621 Rodeo), among others. City Wall has reached a settlement with Plaintiffs. On May 19, 2023, City Wall filed the instant motion for a determination that this settlement was entered into in good faith per Code of Civil Procedure section 877.6. 621 On June 8, 2023, Rodeo opposed the motion. On Jun...

Excerpt: ...and Carpenter Zuckerman (erroneously sued and served as Carpenter Zuckerman & Rowley) (collectively, Defendants) for declaratory relief, breach of fiduciary duty, breach of contract – fee agreement, breach of contract – personal injury lien, unfair competition and unfair and deceptive acts and practices, fraud, conversion, breach of the implied covenant of good faith and fair dealing, money had and received, and accounting. Defendants previou...

Excerpt: ... attorney's fees is granted in part. The court awards Wolfsdorf Rosenthal a total of $78,263.00. Wolfsdorf Rosenthal is to provide notice. BACKGROUND This action arises out of an alleged conspiracy by Defendants to defraud investors in connection with an investment visa program under the United States Government's EB-5 investment visa program. Plaintiffs Zhao Hui Shi (“Shi”) and Jun Lu (“Lu”) seek to bring a class action on behalf of them...