Excerpt: ...n against Defendants Cole Matthew Harris and Ying Chen. The Complaint alleges (1) fraud, (2) aiding and abetting fraud, (3) breach of fiduciary duty, (4) aiding and abetting breach of fiduciary duty, (5) civil conspiracy, and (6) unjust enrichment. On October 18, 2023, Harris (“Defendant”) filed an answer. On October 6, 2023, Defendant filed a motion for judgment on the pleadings. DISCUSSION A motion for judgment on the pleadings is the funct...

Excerpt: ...s severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On February 26, 2024, Defendant Jamison Realty Advisors LLC filed a motion to compel Plaintiff's further responses to Requests for Admissions and Form Interrogatories (CRS #: 442576881556). Defendant filed a separate Joint Statement for each category of discovery. On February 27, 2024, Defendants Central Plaza LLC and Jamison Services Inc. filed a motion ...

Excerpt: ...he court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California , a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendants seek to strike portions of paragraphs 35, 43, 57, 69, and 79, which repeat the same allegations: �...

Excerpt: ...3) trespass, (4) private nuisance, and (5) injunctive relief. On February 20, 2024, Plaintiff filed a motion for preliminary injunction. The Court does not rule on Plaintiff's objections to Defendant's declaration because Plaintiff did not meet her burden, so the Court did not rely on Defendant's declaration. LEGAL STANDARD “Trial courts traditionally consider and weigh two factors in determining whether to issue a preliminary injunction. They ...

Excerpt: ..., and Mohammad A. Siddiqui for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendants will pay a Gross Settlement Amount of $39,000.00. Of that amount, one-third will be paid as attorney fees ($13,000.00), up to $1,491.00 will be paid as costs/expenses, and up to $3,150.00 will be paid to a settlement administrator. (Messrelian Decl., Ex. 1 [�...

Excerpt: ...sed on violations of Health & Safety Code section 25249.6 et seq. On July 3, 2023, Defendant filed a demurrer. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of several documents. Exhibit A (Complaint in this case): Denied as unnecessary because this document is already part of the case's record. Exhibit B (Final Statement of Reasons 27 CCR (formerly 22 CCR) Safe Drinking Water and Toxic Enforcement Act of 1986): Den...

Excerpt: ...lia MD. On November 30, 2023, Plaintiff filed a motion to compel further responses. According to Plaintiff, “As a matter of calendaring, this motion was original[ly] scheduled for December 28, 2023. Thereafter it was continued by court to February 13 2024. There was no notice that the motion will be heard or continued to March 19 2024.” (Reply at p. 1.) Not so. Plaintiff's motion originally noticed a March 19, 2024 hearing date. On December 2...

Excerpt: ...e of Taking Deposition of Defendant Downey Unified School District's Person Most Knowledgeable and Fact Witness Principal Tom Houts and Request for Production of Documents (“RFPs”) on Defendant Downe y Unified School District. (Baldermann Decl. ¶ 6 Ex. 5.) On January 8, 2024, Defendant served objections. (Baldermann Decl. ¶ 7 & Ex. 6.) After meeting and conferring, Plaintiff filed a motion to compel further responses RFP No. 4 on February 2...

Excerpt: ... and Angela Diaz. Trial is scheduled for April 22, 2024, bifurcated into two phases: Phase One for liability and Phase Two for punitive damages. On February 22, 2024, Plaintiff filed a motion to allow discovery of Defendants' financial conditions to support punitive damages. “An award of punitive damages hinges on three factors: the reprehensibility of the defendant's conduct; the reasonableness of the relationship between the award and the pla...

Excerpt: ...t Defendant on January 22, 2024. On January 26, 2024, Plaintiff filed this request for entry of default judgment. Plaintiff seeks a judgment of $20,264.00, consisting of $16,000.00 in damages, $3,750.00 in attorney fees, and $514.00 in costs. Counsel provides a declaration supporting the request for attorney fees. (Knowles Decl. ¶¶ 12 -13.) The amount of costs is also reasonable, and according to the memorandum of costs, they are allowable. “...

Excerpt: ...oshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc., JSB Holdings LLC, and James S. Bekhor. Plaintiffs dismissed and James S. Bekhor on October 20, 2021. On December 12, 2023, Plaintiff Joshua Sawicki filed a motion for summary adjudication of Defendants' contractual duties and the second cause of action for specific performance. [1] Sawicki seeks an order requiring Defendants to satisfy their contractual ob...

Excerpt: ...Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. The SAC alleges (1) breach of fiduciary duty; (2) fraud; (3) violations of Corporations Code section 25401; and (4) declaratory relief. On April 28, 2023, Defendants filed a motion to dismiss or stay the action. At the November 21, 2023 hearing, the Court concluded that, based on the limited evidence, it was unclear whether the offer to sell securities...

Excerpt: ... action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On January 4, 2024, Plaintiff served a subpoena for the January 18, 2024 deposition of non-party Koen “Ken” Kim. (Compel Motion, Ex. 1.) On January 16, 2024, Kim filed a motion for protective order because participating in a deposition would be an undue burden at this time due to med...

Excerpt: ...rystal Vartaniana, and Nark Vartanian filed this medical malpractice action against Defendants Sarah Badran M.D. and Children's Hospital Los A ngeles. On September 19, 2023, Plaintiffs substituted Children's Hospital Los Angeles Medical Group (“CHLAMG”) for Doe 1. On October 6, 2023, Plaintiffs dismissed Children's Hospital Los Angeles. On January 8, 2024, CHLAMG filed a motion to continue trial, and on January 9, 2024, CHLAMG filed a demurre...

Excerpt: ...dant Community Care Rehab Center LLC. On June 19, 2023, Defendant served its unverified and allegedly deficient responses to Form Interrogatories, Set One. After meeting and conferring, Plaintiff filed a motion to compel further responses on August 31, 2023. Plaintiff seeks further responses to Form Rog Nos. 12.1 and 17.1. Defendant's sole ground for opposition is that Plaintiff's motion is deficient because she did not file a memorandum of point...

Excerpt: ..., 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendant's y Objections to Declaration of Plaintiff Juan Carlos Barahona are overruled. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the plaintiff to prove the falsity of the agr...

Excerpt: ...d Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony Lee dba Lees Intern...

Excerpt: ...ncies Act (“ICRAA”), (2) invasion of privacy, and (3) declaratory relief. Plaintiffs later named Defendant TransUnion Rental Screening Solutions Inc. as Doe 1. On August 11, 2023, Defendant filed a demurrer and a motion to strike. Plaintiffs' request for judicial notice of two other complaints in different actions is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda ...

Excerpt: ...M ARBITRATION AWARD AND DENYING MOTION TO COMPEL ARBITRATION AS MOOT Dept. 48 8:30 a.m. March 7, 2024 On November 2, 2023, Plaintiff Jay Import Company, Inc. filed this action against Defendants Pixior, LLC and Seko Worldwide, LLC. On November 6, 2023, the Court denied an ex parte application by Plaintiff to enforce an arbitrator's temporary order made pursuant to Plaintiff's request for emergency relief under JAMS Rule 2(C) on procedural grounds...

Excerpt: ...tion against Defendant General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On November 2, 2023, Plaintiff served Defendant General Motors LLC with a Request for Production of Documents, Set One. (Yashar Decl. ¶ 4; Exhibit 1.) Plaintiff seeks information regarding Plaintiff's vehicle, recalls and technical service bulletins for the Subject Vehicle, and similar complaints from consumers of the same year, make, a...

Excerpt: ...ONETARY SANCTIONS Dept. 48 8:30 a.m. March 7, 2024 On March 20, 2023, Plaintiff Tracyne Restrepo, by and through her Successor of Interest Catalina Szetela filed this action against Defendants Sun Mar Management Services; Community Care Rehab Center, LLC; Irving Bauman; and DOES 1- 250, inclusive for (1) elder abuse pursuant to the elder abuse and dependent adult civil protection act – Welfare and Institutions Code §§ 15600, et seq ; and (2) ...

Excerpt: ...bility company; AND DOES 1 - 100, Inclusive, Defendants. FAMILY LIVING VINEYARD AVENUE LLC, a limited liability company; FAMILY LIVING AVENUE 53 LLC, a limited liability company; FAMILY LIVING BERRYMAN AVENUE LLC, a limited liability company, Cross -Complainants. vs. COHAUS LLC, a limited liability company, YOUNG MIN CHUN, an individual, SUNG KI MIN, an individual, and LINDON SHIAO, an individual and ROES 1 -100, inclusive. Cross -Defendants. ) )...

Excerpt: ...“FAC”) against Defendants Tammy Y. Wade, Tammy Y. Wade for Serenity Inclusive Family Services LLC, Serenity Inclusive Family Service LLC, Crystal Diane Adams, Tranika Yvette Hickman, South Central Los Angeles Regional Center for Persons with Dev. Disabilities, Inc., Dexter Henderson, Cherylle Mallinson, Isaac Curtis, Monica Mahon, Jetta Turner, Evelyn Galindo, Janice Bloomer Buchanan, Janet Talford, Pamela Brownridge, Tameko Brownridge, Karen...

Excerpt: ...efendant Cannon Constructors South, Inc. for damages in subrogation. On March 23, 2023, Cross-Complainant Cannon Constructors South, Inc. filed a cross -complaint against Cross -Defendant GPS Painting & Wallcovering, alleging (1) Express Indemnity; (2) Implied Indemnity; (3) Equitable Indemnity; (4) Contribution; (5) Declarat ory Relief re Duty to Defend; (6) Declaratory Relief re Duty to Defend; and (7) Breach of Contract. On September 29, 2023,...

Excerpt: ... February 15, 2023, Plaintiff filed a First Amended Complaint against Los Angeles Unified School District and Does 2 through 25, inclusive, alleging Negligence and Negligent Hiring, Retention, and Supervision. On December 7, 2023, Defendant filed the instant motion for judgment on the pleadings. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of exhibits 1- 4, consisting of trial court orders and parties' filings in Jane Doe #...

Excerpt: ...bility company; AND DOES 1 - 100, Inclusive, Defendants. FAMILY LIVING VINEYARD AVENUE LLC, a limited liability company; FAMILY LIVING AVENUE 53 LLC, a limited liability company; FAMILY LIVING BERRYMAN AVENUE LLC, a limited liability company, Cross -Complainants. vs. COHAUS LLC, a limited liability company, YOUNG MIN CHUN, an individual, SUNG KI MIN, an individual, and LINDON SHIAO, an individual and ROES 1 -100, inclusive. Cross-Defendants. ) ) ...

Excerpt: ...is action against Forest Lawn Memorial -Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross -complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (6) declaratory re lief (termination of Soil Agreement); and (7) declaratory relief (Weber subcontractor claims). On O...

Excerpt: ...for breach of contract and breach of implied warranty. On June 15, 2023, IPL filed a demurrer. IPL argued that this action is barred by res judicata and the parties' settlement agreement. On September 19, 2023, the Court overruled the demurrer and ordered IPL to file an answer within 10 days. On September 29, 2023, IPL North America (IPL NA) filed an answer. On October 23, 2023, plaintiff CWS filed the instant motion to strike IPL NA's answer. A....

Excerpt: ...ion against Defendants The Accelerated Schools and Johnathan Williams. Pending before the Court are two discovery motions. MOTION TO QUASH SUBPOENAS On November 7, 2023, Defendants served two subpoenas on Kaiser Permanente for Plaintiff's medical records (Department of Psychiatry) and billing records. On December 5, 2023, Plaintiff filed a motion to quash the subpoenas or for a protective order to limit the subpoenas. Plaintiff argues that the re...

Excerpt: ...THER RESPONSES Plaintiffs WC Insurance Agency LLC, Omni Safe Insurance Agency LLC, and Joshua Sawicki served various discovery requests on Defendants James S. Bekhor Insurance Services Inc. (“JSB Insurance”) and JSB Holdings LLC (“JSB Holdings”). (See Mankey Decl. ¶ 6 & Exs. 2, 5, 6, 9, 10, 12, 13, 15, 16, 18.) The parties granted each other extensions to respond and to file discovery motions. (See Mankey Decl. ¶¶ 7-8, 15; id., Ex. 25 ...

Excerpt: ...nd others. On January 30, 2024, Defendant filed a motion for determination of good faith settlement. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement. (Code Civ. Proc., § 877.6, subd. (a)(1).) The court's approval of the settlement furthers two sometimes -competing policies: (1) the equitable sharing of costs among the parties at fault, and (2) the...

Excerpt: ... as Trustee of the Christine O'Donovan Trust, and Frank McHugh- O'Donovan Foundation Inc. On November 6, 2023, Frank McHugh-O'Donovan Foundation Inc. (“Defendant”) filed a demurrer. Plaintiffs did not file any opposition. REQUEST FOR JUDICIAL NOTICE Defendant asks the Court to take judicial notice of (1) a July 16, 2008 grant deed conveying the property from Frank McHugh as Trustee to Albany Investment Properties LLC; (2) an August 4, 2008 de...

Excerpt: ...this action against Defendant General Motors LLC arising from Plaintiffs' purchase of an allegedly defective vehicle. On February 23, 2023, Plaintiffs served Request for Production of Documents on Defendant. (Thomas Decl. ¶ 5.) On March 27, 2023, Defendant served responses, which Plaintiffs deemed insufficient. (Thomas Decl. ¶ 6.) After attempting to meet and confer (see Thomas Decl. ¶¶ 10- 16, 18, 21-22), Plaintiffs filed a motion to compel ...

Excerpt: ...V LLC (“LAD- V”) and Volkswagen Group of America Inc. (“VW”), arising from Plaintiffs' purchase of an allegedly defective vehicle. On June 21, 2023, Defendants filed a demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedar...

Excerpt: ...ployment records. On September 25, 2023, Bella + Canvas LLC (“Cross -Complainant”) filed a cross - complaint against Tynan Leachman (“Cross -Defendant”), alleging fraud. On November 13, 2023, Cross -Defendant filed a demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, acc...

Excerpt: ...l King Por Wong and Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba Arat Jewelry; Tony L...

Excerpt: ...hristina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendme...

Excerpt: ...i filed this medical malpractice action against Defendant David E. Fermelia MD. On September 15, 2023, Defendant filed a motion to compel further responses. On November 30, 2023, Plaintiff filed a motion to compel further responses. MULTIPLE MOTIONS AND FILING FEES Defendant's single motion seeks to compel production pursuant to three discovery requests. Plaintiff's single motion seeks to compel production pursuant to two discovery requests. Each...

Excerpt: ...tion to strike punitive damages and granted Plaintiff 30 days' leave to amend. On November 9, 2023, Plaintiff filed a first amended complaint (“FAC”). On December 4, 2023, Defendant filed a motion to strike the FAC. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity w...

Excerpt: ...Frazee Law Group. The TAC alleges (1) professional misconduct; (2) breach of contract; (3) breach of contract; (4) breach of fiduciary duty; (5) breach of fiduciary duty; (6) conversion; (7) intentional misrepresentation; and (8) negligent misrepresentation. On October 2, 2023, Defendants filed a demurrer and a motion to strike. Defendants' request for judicial notice is denied as irrelevant. DEMURRER A demurrer for sufficiency tests whether the ...

Excerpt: ...tive Group, LLC dba Hunter Dodge Chrysler Jeep Ram Fiat and HW Hunter Ram (“Hunter Dodge”). On December 11, 2023, Plaintiff filed a motion to compel the deposition of Hunter Dodge's PMK. If a party or an officer, director, managing agent, employee of a party, or person designated as the person most qualified to testify fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and produ...

Excerpt: ...on Inc., Jiang Lin, and Ying Xiong. On June 13, 2023, each Defendant filed nearly identical demurrers and motions to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, ...

Excerpt: ...on Inc., Jiang Lin, and Ying Xiong. On June 13, 2023, each Defendant filed nearly identical demurrers and motions to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, ...

Excerpt: ...ity Plumbing Inc. and Marco Marquez filed a first amended cross- complaint (“FACC”) against Green Court Investors LP and KLS Financial LLC (“KLS”). On July 21, 2023, KLS moved to compel Marquez's further responses to Request for Admissions, Set One (Nos. 1-8, 11) and Form Interrogatories, Set One (No. 17.1). A party may move to compel a further response to interrogatories or requests for admission if the demanding party deems an answer to...

Excerpt: ... as Philmont Management Inc. On November 16, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL CONSIDERATIONS “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to afford due process to opposing parties and to permit trial courts to expeditiously review complex motions for [summary adjudication] and summary judgment to determine quickly and e...

Excerpt: ...a.m. Februar y 1, 2024 On January 4, 2024, Plaintiff Basilia Puerto (individually, and as Successor in Interest of decedent Javier Jaime Puerto) filed a Motion for Order that Deposition Testimony May Be Taken Electronically Instead of Stenographically. Plaintiff seeks an order that applies to all parties in this action. (See Motion at p. 2.) Cross-Defendant CHA Hollywood Medical Center LP opposes the motion. When taking a deposition, “[u]nless ...

Excerpt: ...amended cross- complaint against Green Court Investors LP (“Green Court”) and KLS Financial LLC (“KLS”). On July 21, 2023, KLS moved to compel KLS's further responses to Special Interrogatories, Set One, Nos. 1, 2, 3, 4, 5, 6, 9, 10 and 11. A party may move to compel a further response to interrogatories if the demanding party deems an answer to be evasive or incomplete, if an exercise of the option to produce documents is unwarranted or ...

Excerpt: ...dants AutoZoners LLC, AutoZone Inc., and AutoZone West LLC and against Plaintiff Richard Pastore. On November 30, 2023, Defendants filed a memorandum of costs. On December 6, 2023, Plaintiff filed a Notice of Intent to Move for New Trial, and on December 15, 2023, he filed this memorandum of points and authorities. Plaintiff also filed a motion to tax costs. MOTION FOR NEW TRIAL In ruling on a motion for a new trial after a court trial, the Court...

Excerpt: ...against the law firm Loeb and Loeb, LLP (“Loeb”) for professional negligence and breach of fiduciary duty in Loeb's prior representation of the Sage Entities in the Receivership Estate. On May 3, 2022, the Receiver and Loeb participated in a mediation and were able to reach a settlement in which Loeb agreed to pay the Receiver $450,000.00 and withdraw the Loeb Claim in the Receivership. (Moldo Decl. ¶¶ 12-13.) The Fee Agreement between the ...

Excerpt: ...s LLC to the second amended complaint (“SAC”). On September 5, 2023, Plaintiffs Sok Hun Yun and Sun Yung Ahn filed a third amended complaint (“TAC”). On October 3, 2023, Defendants filed a demurrer to the second, third, and fourth causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberal...

Excerpt: ...lex Livshetz and Regina Livshetz filed this action against Defendant Federal Insurance Company. On July 14, 2023, Plaintiffs filed a second amended complaint (“SAC”). The SAC alleges (1) breach of insurance contract; (2) breach of the implied covenant of good faith and fair dealing; (3) unfair business practices in violation of the Unfair Competition Law (“UCL”); and (4) breach of contract. On July 20, 2023, Defendant filed an answer to t...

Excerpt: ...ndant General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On February 27, 2023, Plaintiff served Request for Production of Documents on Defendant. (Yashar Decl. ¶ 2.) On April 24, 2023, Defendant served responses, which Plaintiff deemed insufficient. (Yashar Decl. ¶¶ 3-4.) After attempting to meet and confer (see Yashar Decl. ¶¶ 4-5), Plaintiff filed a motion to compel further responses on June 5, 2023. FI...

Excerpt: ...ed various discovery requests on Defendants James S. Bekhor Insurance Services Inc. and JSB Holdings LLC. (See Mankey Decl. ¶ 6 & Exs. 2, 5, 6, 9, 10, 12, 13, 15, 16, 18.) The parties granted each other extensions to respond and to file discovery motions. (See Mankey Decl. ¶¶ 7-8, 15; id., Ex. 25 at pp. 4-5.) On December 1, 2023, Plaintiff Joshua Sawicki filed a motion to compel further responses to discovery and for sanctions of at least $18,...

Excerpt: ...Rosas and Nelly Melchor. Eddie Ramon Rosas was placed in default on June 8, 2023. On November 28, 2023, the Court set a December 14, 2023 hearing for Plaintiff's motion for summary judgment. Plaintiff did not file its motion before the December 14, 2023 hearing, so the Court continued the motion. Plaintiff filed its motion for summary judgment on December 26, 2024. Defendant Nelly Melchor did not file a written opposition before the Court posted ...

Excerpt: ...nmaung. On October 10, 2023, the Court granted Plaintiff's unopposed motions to compel discovery and ordered Defendants to serve verified responses, without objection, to Form Interrogatories – General, Form Interrogatories – Employment, and Request for Production, Set One within 30 days. On November 27, 2023, Plaintiff filed a motion for terminating sanctions due to Defendants' failure to comply with the Court's October 10, 2023 discovery or...

Excerpt: ...ty”), UNITE HERE Local 11, and Kevin De Leon, alleging (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) declaratory relief; (4) interference with contract; and (5) interference with prospective economic advantage. On July 28, 2023, City filed a demurrer to the first two causes of action and a motion to strike. REQUESTS FOR JUDICIAL NOTICE City's Request for Judicial Notice and Supplemental Request for Judic...

Excerpt: ... award (the “Award”) finding in favor of Petitioner Hybe America, Inc. (“Petitioner”) and against Respondent Remark Holdings (“Respondent”) in the amount of $350,000.00 plus pre-judgment interest in the amount of $38,526.88 (calculated at 7 percent - $67.12 per day for 574 days from April 18, 2022 through November 13, 2023). Petitioner was also awarded 100 percent of its arbitration fees and expenses. On December 5, 2023, Petitioner f...

Excerpt: ... this action against Defendant VXI Global Solutions, LLC, (“Defendant”) asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to the Defendant's violations of the Labor Code. On April 6, 2023, the Court granted Defendant's motion to compel arbitration. According to Defendant, Plaintiff has taken no other steps at this time, and Plaintiff's counsel has told this Court that he is unaware...

Excerpt: ...olow Construction, Inc. (“Defendant”) for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $42,500.00. Of that amount, up to $14,166.66 (33%) will be paid as PAGA Counsel Fees, up to $6,307.93 will be paid as PAGA Counsel Litigation Expenses, up to $3,000.00 will be paid as Administrator Expenses P...

Excerpt: .... On October 27, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. Plaintiff did not file an opposition. BACKGROUND FACTS On March 4, 2014, Plaintiff reported to Defendant that he was involved in an automobile accident on February 28, 2014. (Undisputed Material Facts “UMF” 1.) Plaintiff was insured under Defendant's Policy Number A2809077, which had Uninsured Motorist (“UM”) Coverage and Med...

Excerpt: ...istina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendment...

Excerpt: ...s Medical Management Inc., and William A. Martinez for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendants will pay a Gross Settlement Amount of $150,000.00. Of that amount, $30,000.00 will be paid directly to PAGA Counsel and Plaintiff, leaving a PAGA Settlement Amount of $120,000.00. (Messrelian Decl., Ex. 1 at p. 5, ¶ 3.1.) From the PAGA...

Excerpt: ... La Colombe Holdings Inc., Rana Seabrook, and Isaiah Gutierrez. On August 8, 2023, Defendants filed a combined demurrer and motion to strike. “Motions to strike and demurrers should be filed as separate documents.” (Weil & Brown, Cal. Prac. Guide: Civil Procedure Before Trial (The Rutter Group June 2022 Update) ¶ 7:162.1.) DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal....

Excerpt: ... have reached a settlement in this Song-Beverly action. On August 4, 2023, Plaintiff filed a motion for attorney fees. Defendants did not file an opposition. As the prevailing party, Plaintiff is entitled to an award of reasonable attorney fees. (Civil Code § 1794, subd. (d).) California courts apply the “lodestar” approach to determine what fees are reasonable. (See, e.g., Holguin v. DISH Network LLC (2014) 229 Cal.App.4th 1310, 1332.) This...

Excerpt: ...mmary judgment or, in the alternative, summary adjudication (“MSA”). The Court denied the motion as to Plaintiff Weber Enterprise Trucking Corporation's First Amended Complaint (“FAC”). The Court granted summary adjudication of Forest Lawn's First Amended Cross-Complaint (“FACC”)'s sixth cause of action for declaratory relief regarding its termination of the Soil Agreement. On December 15, 2023, Weber filed a Motion by Plaintiff to Cl...

Excerpt: ...ober 12, 2023, Defendant filed a motion to strike. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) It appears that Defendant reused a Notice of Motion templa...

Excerpt: ... 4, 2024 On November 27, 2019, Plaintiff Hyung Koo filed this personal injury action. The Complaint alleges that on November 8, 2019, Plaintiff was severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. MOTION TO COMPEL DEPOSITION OF NON-PARTY WITNESS On July 17, 2023, Plaintiff served a subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 20...

Excerpt: ... subpoena for the August 9, 2023 deposition of non- party Koen “Ken” Kim. (S. Kim Decl. ¶ 4 & Ex. 1.) On September 15, 2023, Plaintiff filed a motion to compel Kim's deposition. In addition to Kim being compelled to appear for deposition, Plaintiff seeks an order to show cause why Kim should not be held in contempt and an order providing a “failure to appear” notice informing Kim that the failure to appear in response to the court order ...

Excerpt: ...on against Defendant Long Spring Freight LLC and others. On October 6, 2023, Plaintiff served a Notice of Deposition of Defendant's Person Most Knowledgeable (“PMK”) and an Amended Second Set of Requests for Admission (“RFAs”) on Defendant. (Bressler Decls., Exs. 2.) On October 24, 2023, the Court denied Defendant's counsel's request to withdraw as counsel. Counsel had contended that he was unable to continue representing Defendant Long S...

Excerpt: ...tina L. Gallegos filed this action against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 28, 2023, Defendant filed a motion for summary judgment. On November 27, 2023, Plaintiffs filed a motion for leave to file a first amended complaint (“FAC”). I. PLAINTIFFS' MOTION FOR LEAVE TO AMEND The Court may, in its discretion and after notice to the adverse party, allow an amendment t...

Excerpt: ... settlement with Plaintiff Hyung Koo. With that motion, Defendant also filed a Notice of Lodging and motion to seal records. If a motion requires reliance on confidential and/or lodged filings, the unredacted versions must be emailed to the department resource account at [email protected], in accordance with Department 48's Courtroom Information, available on the court's website (www.lacourt.org). Defendant did not originally follow these pro...

Excerpt: ...ers and Hector Pelayo (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliation in violation of FEHA; (7) dec...

Excerpt: ... 27, 2021, Plaintiff Djamileh Mahjoubi filed a first amended complaint (“FAC”) against Defendant David E. Fermelia M.D. Pending before the Court are several discovery motions. MOTION TO QUASH NOTICE OF DEPOSITION On March 14, 2023, Defendant served a notice of deposition on Plaintiff, noticing a deposition date of May 3, 2023. (Motion, Ex. A.) On May 2, 2023, Plaintiff filed a motion to quash the notice of deposition and request for protectiv...

Excerpt: ... warranties arising from the purchase of an allegedly defective vehicle. On October 11, 2023, Plaintiff noticed the deposition of Defendant's person most knowledgeable (“PMK”), for a deposition on November 1, 2023. On October 25, 2023, Defendant served objections. On October 30, 2023, Plaintiff sent Defendant a meet-and-confer letter requesting alternative deposition dates. Defendant did not provide dates, and it stated that a PMK would be pr...

Excerpt: ...FIVE Dept. 48 8:30 a.m. December 19, 2023 On July 9, 2020, Plaintiff Hilda Rodriguez-Guzman filed this action against Defendants The Accelerated Schools and Johnathan Williams. On October 25, 2023, Defendants filed a motion for summary judgment, noticing a hearing date of January 9, 2023. On November 20, 2023, Plaintiff filed motions to compel Defendants' responses to Requests for Production of Documents, Sets Four and Five. Trial is set for Marc...

Excerpt: ...Defendant Christina Hayek, alleging (1) intentional interference with prospective economic relations, (2) intentional interference with contractual relations, (3) unfair business practices, and (4) defamation per se. On July 23, 2021, the Court denied Defendant's anti-SLAPP motion. On May 8, 2023, the Court of Appeal reversed and remanded for the trial court to conduct a second step anti- SLAPP analysis. Defendant was awarded her costs on appeal....

Excerpt: ...tion against Defendant American Honda Motor Co. Inc., arising from his purchase of an allegedly defective vehicle. On September 1, 2023, Defendant filed a motion to compel Plaintiff's deposition and a motion to compel vehicle inspection. MOTION TO COMPEL DEPOSITION On December 20, 2022, Defendant served a Notice of Deposition for January 17, 2023. (Chang Decl. ¶ 2.) On February 7, 2023, Plaintiff served objections. (Chang Decl. ¶ 3.) From Febru...

Excerpt: ...C dba Mr. Cooper. On October 19, 2023, Defendant filed an answer. Plaintiffs use a form complaint for actions based in contract. At Page 2, Item 8, Plaintiffs checked the boxes for Breach of Contract, Other (specifying “Fraud, Identity Theft”), and “Other Allegations.” The Other Allegations are listed as “negligence,fraud,breachofcontract,breachoftheimpliedconsent of goodfaithandfairdealing,violationCalifornia ConsumerProtectionAct and ...

Excerpt: ... the Court granted Plaintiff's motion for evidentiary sanctions and prohibited Defendant from introducing witnesses regarding the condition of the property, the cause of the conditions of the property, the citations, or any attempts to abate the conditions at the property. Defendant did not oppose that motion or appear at the hearing. On October 25, 2023, Plaintiff noticed the deposition of Defendant's PMK on November 8, 2023. (Littlefield Decl. ...

Excerpt: ...ed a verdict in favor of Defendants AutoZoners LLC, AutoZone Inc., and AutoZone West LLC and against Plaintiff Richard Pastore. On November 13, 2023, Plaintiff filed a motion to disqualify Defendants' counsel's firm. The Court entered judgment on November 21, 2023. EVIDENTIARY OBJECTIONS Defendant's Objections to the Declaration of Anthony Nguyen are overruled. DISCUSSION “‘A trial court's authority to disqualify an attorney derives from the ...

Excerpt: ...er employment. On April 3, 2023, Defendant filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the Declaration of Eric Fox are overruled. “For purposes of a petition to compel arbitration, it is not necessary to follow the normal procedures of document authentication. ‘[T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the co...

Excerpt: ...nts Nina's Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On June 20, 2023, the Court denied Plaintiff's motion to amend the judgment, finding that Plaintiff had not proven that there would be an inequitable result if Nina's Cafe Bar, Inc. was not added as a judg...

Excerpt: ...beth P. filed this action against Downey Unified School District. In response to Form Interrogatories about injuries and the treaters for injuries, Doe L.P. alleged emotional distress, depression, and anxiety, which she sought mental health treatment for. (Motions at p. 3; Ovitz Decl. ¶ 3, Ex. A.) On September 25, 2023, Defendant issued deposition subpoenas for production of business records to non-parties South Central Los Angeles Regional Cent...

Excerpt: ...pany (“Defendant”). Plaintiff alleges that Defendant used the animated television series “American Dad!” to send him coded death threats. (Complaint, 2:14-16.) On November 6, 2023, Plaintiff filed their Motion to Strike[1] (“Motion”). No opposition nor reply brief was filed. DISCUSSION Meet and Confer – “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with...

Excerpt: ...discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) failure to prevent discrimination and retaliation. On August 31, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS A. Plaintiff's Objections Defendant's Separate Statement: Overruled. Declaration of Marlon Marrache: Overruled. To the extent that Plaint...

Excerpt: ...Industrial Inspection and Eduardo Avalos, alleging (1) judicial dissolution of partnership; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) breach of fiduciary duty; (5) failure to produce corporate records; (6) fraud; (7) negligent misrepresentation; (8) conversion (erroneously numbered as seventh cause of action); (9) accounting (erroneously numbered as eighth cause of action); and (10) declaratory relief ...

Excerpt: ...m. The Complaint seeks only declaratory relief about attorney liens in two other cases. On October 31, 2023, Defendants filed a demurrer. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 14...

Excerpt: ...dant The Regents of the University of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, Defendant filed a demurrer and motion to strike. On August 15, 2023, Plaintiff filed both a Notice of Limited Scope Representation and a Substitution of Counsel, identifying Michael J. Callon as Plaintiff's new legal representation. On August 22, 2023, neither Plaintiff nor her counse...

Excerpt: ...plaint against Defendant Joan Plotkin (individually and as trustee of Plotkin Trust Agreement Dated August 28, 1991). On June 1, 2023, Defendant served Request For Production of Documents, Set One; Form Interrogatories, Set One; and Special Interrogatories, Set One. Plaintiffs provided unverified responses on July 2, 2023. Defendant requested verified responses and granted Plaintiffs an extension. When no verified responses were provided, Defenda...

Excerpt: ...ction against Y&Y New Hampshire Inc. (“Y&Y”) and I Park Inc. (“I Park”) for violations of building standards. The complaint alleges that Y&Y was the developer responsible for the construction and sale of the property, and I Park was a builder. On April 12, 2022, I Park filed a cross-complaint against Y&Y, alleging (1) implied contractual indemnity; (2) equitable indemnity; (3) express indemnity; (4) breach of express and implied warrantie...

Excerpt: ...ies LLC to the second amended complaint (“SAC”). On September 5, 2023, Plaintiffs Sok Hun Yun and Sun Yung Ahn filed a third amended complaint (“TAC”). On October 3, 2023, Defendants filed a demurrer to the second, third, and fourth causes of action. Plaintiffs did not file an opposition. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demur...

Excerpt: ...ainst Defendant Barrington Pacific LLC for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). This action was later related and consolidated with Case Nos. 20STCV43014, 20STCV43044, 20STCV45444, 20STCV45446, 20STCV45447, 20STCV45449, 20STCV45453, 20STCV45456, 20STCV45457, 20STCV45497, 20STCV45499, 20STCV45500, 20STCV45506, 20STCV45507, 20STCV45511, 20STCV45513, 20STCV45514, 20STCV45542, 20STCV45554, 20STCV45561, 20STCV4...

Excerpt: ...ng Freight LLC and Grace Hsiao Hui. The motion primarily relied on Defendants' deemed admissions. On March 30, 2023, Defendants filed a motion to withdraw their deemed admissions. On July 27, 2023, the Court denied Plaintiff's motion and granted Defendants' motion “without prejudice to any noticed motion the Plaintiff may bring to make payment of attorney fees and costs to the Plaintiff – by one or both of the Defendants (or the estate of the...

Excerpt: ...rmerly known as California Home Finance Authority) and others. On March 7, 2023, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”). REQUEST FOR JUDICIAL NOTICE The request for judicial notice of Exhibits A-D is denied as irrelevant. The request for judicial notice of Exhibits E-I is also denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center ...

Excerpt: ...inst Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. The SAC alleges (1) breach of fiduciary duty; (2) fraud; (3) violations of Corporations Code section 25401; and (4) declaratory relief. On April 28, 2023, Defendants filed a motion to dismiss or stay the action. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-2, 4-7, 10-13: Overruled. Plaintiff's Objection No. 3: Su...

Excerpt: ...modal Logistics, Inc. and RoadOne LogisticSolutions, Inc. On September 20, 2023, Defendants filed a motion to dismiss pursuant to a contractual forum selection clause. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the parties' contract is granted. The Complaint references the parties' contract, so it is an appropriate matter for judicial notice. (See Align Technology, Inc. v. Tran (2009) 179 Cal.App.4th 949, 956, fn. 6.) ...

Excerpt: ..., and John Swain, alleging (1) wrongful termination in violation of public policy (Star); (2) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act (“FEHA”) (Star); (3) harassment in violation of FEHA (Inman and Swain); (4) meal and rest break violations (Star); (5) whistleblower retaliation (Star); (6) failure to provide accurate wage statements (Star); (7) intentional infliction of emotional distres...

Excerpt: ...st Defendant City of Palmdale. The judgment consists of $ $450,000.00 “made payable jointly to BEHEN and BEHEN's legal counsel, for non-wage based damages and attorneys' fees, with interest thereon at the legal rate from the date of judgment until paid”; $150,161.00 “made payable to BEHEN with interest thereon at the legal rate from the date of judgment until paid”; and $95,000.00 “made payable to BEHEN as a severance payment of salary ...

Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401...

Excerpt: ...eles and UNITE HERE Local 11 (“Union”), alleging (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) declaratory relief; (4) interference with contract; and (5) interference with prospective economic advantage. On August 11, 2023, the Union filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), seeking to strike the fourth and fifth causes of action (the only...