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