Excerpt: ...wport Landing) for violation of the Jones Act. On May 15, 2023, Defendant filed a motion to transfer venue. Under Code of Civil Procedure section 395, subdivision (a), the general venue rule is that “‘the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.' [Citation.]” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 837 (Fontaine...

Excerpt: ...ase of an allegedly defective vehicle from a non-party dealership. On March 21, 2023, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On May 11, 2023, Plaintiff filed a motion for reconsideration. Within ten days of service of an order, a party may move for reconsideration based on new facts, circumstances, or law. (Code Civ. Proc., § 1008, subd. (a); see also Mink v. Super...

Excerpt: ...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 December 16, 2022, Plaintiff filed a motion to amend the judgment to add Nina's Cafe Bar, Inc. as a joint employer and alter ego judgment debtor. No oppositions were filed. Before the original March 9, 2023 hear...

Excerpt: ... General Motors LLC for breach of warranties arising from the lease of an allegedly defective vehicle. On February 24, 2022, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (“PMK”). On March 3, 2022, Defendant served objections. After meeting and conferring, the parties participated in an informal discovery conference on August 12, 2022. On April 17, 2023, Plaintiffs filed a motion to compel the deposition of Defend...

Excerpt: ...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 December 16, 2022, Plaintiff filed a motion to amend the judgment to add Nina's Cafe Bar, Inc. as a joint employer and alter ego judgment debtor. No oppositions were filed. Before the original March 9, 2023 hear...

Excerpt: ... filed this action against Diana Lands aka Diana Lands Nathanson (“Lands”) and Diana Lands Nathanson Design Inc. (“Design”), alleging (1) conversion/theft/embezzlement; (2) trespass to personal property; (3) breach of fiduciary duty; (4) fraudulent misrepresentation; (5) negligence; and (6) negligent misrepresentation. On September 26, 2022, Lands filed Case No. 22STCV31501 against Gervasi, alleging claims arising from sexual assaults. On...

Excerpt: ...Adolfo Figueroa, Individually and as Administrator Of The Estate of Adiel Figueroa, Deceased. The Complaint alleges (1) breach of contract; (2) specific performance; (3) breach of good faith and fair dealing; (4) declaratory relief; and (5) injunctive relief. On December 20, 2022, 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 consi...

Excerpt: ...dging of documents under seal. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to a...

Excerpt: ...V16977 and 22STCV31501. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court ef...

Excerpt: ...la. On May 16, 2023, Plaintiff filed a motion for judgment pursuant to the settlement. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 C...

Excerpt: ...mount of $805,000.00, jointly and severally. On September 15, 2022, the Court granted CNP Holdings LLC's motion for an assignment order and ordered that Joel Zubaid and his spouse Andrea Pinto Zubaid assign the right to rental income from certain properties to CNP Holdings LLC. On February 9, 2023, an acknowledgment of assignment was filed for CNP Holdings LLC's assignment of the judgment to KH Capital LLC. On May 12, 2023, KH Capital LLC filed a...

Excerpt: ...ion to seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certific...

Excerpt: ...against Defendants Angela Diaz, Angela Yolanda Diaz, Dolores Fay Myrie (individually and trustee), and all persons unknown with an interest in the property. On March 29, 2023, Angela Diaz and Angela Yolanda Diaz (collectively, “Defendants”) filed a motion for summary judgment, or in the alternative summary adjudication. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we ref...

Excerpt: ... Western Law Connection Corp., and others dismissed with prejudice. On August 15, 2022, the Court of Appeal reversed the dismissal with directions to permit the filing of an amended complaint. Remittitur issued on October 20, 2022. On November 14, 2022, Plaintiffs Sok Hun Yun and Sung Yun Ahn filed a second amended complaint (“SAC”) alleging (1) fraudulent conveyance; (2) accounting; (3) intentional infliction of emotional distress (“IIED�...

Excerpt: ...ions 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 warranties; (5) breach of written contract; (6) breach of oral contract; (7) breach of implied cont...

Excerpt: ... named as Brandywine Pharamceuticals LLC) entered into a settlement agreement with Maxum Indemnity Company, BioZone Laboratories dba BioZone, Inc., Creative Concepts Holdings LLC, CCH Acquisition Group LLC, Evan Warshawsky, Jeffrey Kranzdorf, and Brent Godfrey, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. On May 9, 2023, Plaintiff filed a motion to enforce the settlement. Cou...

Excerpt: ...er and Ida Marie Brun Folmann filed a first amended complaint (“FAC”) against Defendants An Feng aka Andrew Feng, Capriwell Construction Inc., Capriwell Development and Construction, Michelle Jones, and Graff Real Estate dba Ashby & Graff Real Estate. On January 9, 2023, An Feng, Capriwell Construction Inc., and Capriwell Development and Construction filed a demurrer to the third and fourth causes of action and a motion to strike. On January ...

Excerpt: ...is action against Defendants Wilshire Manning Homeowners Association, Sofia Dacarett-Char, and Bahar Davidoff. On April 21, 2023, Bahar Davidoff filed an application for determination of good faith settlement with Plaintiffs. No objections were filed. On May 5, 2023, Wilshire Manning filed a motion for determination of good faith settlement with Plaintiffs. No objections were filed. Any party to an action with two or more joint tortfeasors may pe...

Excerpt: ...rning Centers LLC and Danika King. On May 5, 2023, Defendants filed a motion to compel the medical examination of Plaintiff. A party must obtain leave of court when seeking to obtain discovery by a physical examination by a mental examination. (Code of Civ. Proc., § 2032.310, subd. (a).) A motion for an examination shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty, if a...

Excerpt: ...ant Southern California Edison Company. Plaintiff noticed the deposition of Defendant's Person Most Knowledgeable (“PMK”). Defendant served a response with objections, and the parties met and conferred. On February 9, 2023, Defendant served a supplemental response to the PMK Notice. On March 21, 2023, Plaintiff moved to compel further responses to the PMK Notice and to compel the deposition of Defendant's PMK. If a party or an officer, direct...

Excerpt: ...efendants Anand Gopalsami MD MBA, Hrak Derderian MD, and Sassan Davoudi MD, following the death of Bilquis Begum. Sean Karim and Muntarin Karim dismissed their claims. Defendants Hrak Derderian and Sassan Davoudi were later dismissed. On March 20, 2023, Defendant Anand Gopalsami filed a motion for summary judgment. Plaintiff Enamul Karim did not file an opposition. FACTUAL BACKGROUND Bilquis Begum presented to the CSMC emergency department on the...

Excerpt: ...rrer to the first cause of action for quiet title, the only cause of action brought against him. 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, 1406.) “Because a demurrer challeng...

Excerpt: ...edly defective vehicle from a non-party dealership _ On November 29, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. Plaintiff did not file an opposition. DISCUSSION When seeking to compel arbitration of a plaintiffs claims: the defendant must allege the existence of an agreement to arbitrate. (Condee v. L.ongwood Management Corp. (2001) 88 215, 219.) The burden then shifts to the plaint...

Excerpt: ... (collectively, 'Defendants'), alleging (1) discrimination in violation of the Fair Employment and Housing Act ("FEHR); (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) declaratory judgment, and (8) wro...

Excerpt: ...023 On June 23, 2021, Heather Scott filed a first amended complaint against Polly's Inc. and Polly's Pies Inc. in Case No. 21STCV09769_ On June 22: 2021: Sergio Palicio filed a first arnended complaint against Polly' s Inc., Polly's Pies Inc., Polly's Gourmet Coffee Inc., and Kentucky Fried Chicken of Polly' s Inc. (collectively, 'Defendants") in Case No. 21STCV11093 _ Both actions included a representative claim for penalties under the Private A...