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: ...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: ...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: ...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: ...alleges (1) disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; (3) failure to participate in the interactive process; (4) failure to provide a reasonable accommodation; (5) failure to prevent discrimination and harassment; and (6) failure to provide employment records. On June 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudi...

Excerpt: ..., Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC. The complaint alleged breach of contract by Aguila and tortious interference of contract by the other defendants. On May 24, 2021, RDS dismissed Joseph Shabani, Kamyar D. Shabani, Mercury Bowl LLC, Green Rivera LLC, and Optimus Properties LLC with prejudice. On September 23, 2021, Aguila filed a cross-complaint against Joseph Shabani, Kamyar D. Shabani, Mercury B...

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...

Excerpt: ...ty Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. Marco Marquez and Infinity Plumbing Inc. later filed a cross-complaint against KLS Financial LLC, Kim Shapiro, and Green Court Investors LP. Green Court Investors LP also filed a cross-complaint against Marco Marquez, Infinity Plumbing Inc., and Maria Carmen Marquez. On October 12, 2022, Hajoca Corporation filed Case No. 22STLC06776 against Infinity Plumbing Inc., Marco Marquez, Maria Car...

Excerpt: ...melia M.D. On March 29, 2023, Defendant served a deposition subpoena for business records on Los Angeles County DPSS-IHSS. On April 28, 2023, Plaintiff filed a motion to quash the subpoena. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settle...

Excerpt: ...ermelia M.D. On March 29, 2023, Defendant served similar deposition subpoenas for business records on Eiriny T. Eskander M.D., Marshall Grossman M.D., and Cedars-Sinai Medical Center. On April 28, 2023, Plaintiff filed motions to quash those subpoenas. Plaintiff argues that Defendant does not have the right to her entire medical history and records. “‘[F]or discovery purposes, information is relevant if it might reasonably assist a party in e...

Excerpt: ... to Request for Inspection. A party may demand to inspect, copy, test, or sample electronically stored information in the possession, custody, or control of the party on whom demand is made. (Code Civ. Proc., § 2031.010, subd. (d).) Upon receipt of a response, the demanding party may move to compel a further response if a statement of compliance with the demand is incomplete; a representation of inability to comply is inadequate, incomplete, or ...

Excerpt: ...AC”) 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 March 14, 2023, Cross-Complainants Michelle Jones and Graff Real Estate dba Ashby & Graff Real Estate filed a Cross-Complaint against Cross-Defendant Philippe Til aka Philippe Til Tomaszewski, seeking comparative equitable indemnity, contribution, and declar...

Excerpt: ...C and J.K. Residential Services Inc. On April 7, 2023, Defendants 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).) Defendants move t...

Excerpt: ...intiff served Request for Production, Set One on Defendant. (Naudi Decl. ¶ 2.) After receiving several extensions of time, on April 14, 2023, Defendant served responses. (Naudi Decl. ¶ 3.) Plaintiff unsuccessfully attempted to meet and confer with Defendant, so Plaintiff filed a motion to compel on May 30, 2023. (Naudi Decl. ¶ 4.) Defendant did not oppose the motion and did not appear at the August 31, 2023 hearing. The Court ordered Plaintiff...

Excerpt: ...l Services, Inc.; PHH Mortgage Corporation, individually and as successor by merger to Ocwen Loan Servicing, LLC (erroneously sued as PHH Mortgage Services and Ocwen Loan Services, LLC); and Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-FR1 (erroneously sued as Deutsche Bank National Trust Company, Deutsche Bank National Trust Company, as Trustee for ...

Excerpt: ...ended complaint (“FAC”) and a second amended complaint (“SAC”). On June 27, 2023, Plaintiff filed an Amendment to Complaint (Fictitious/Incorrect Name), naming Sal Fateen as Doe 1. On July 27, 2023, Fateen filed a motion to quash service of summons and complaint. A. Plaintiff Properly Named Fateen Under Section 474. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to name a Doe in a compla...

Excerpt: ...s under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay $38,500.00 for Plaintiff's individual, non-PAGA claims. Defendant will also pay $1,000.00 in PAGA penalties, with 75-percent paid to the Labor and Workforce Development Agency (“LWDA”) and 25-percent paid to Plaintiff. A court must review and approve any penalties sought as part of a pr...

Excerpt: ...f Limited Scope Representation to represent Behnam Rafalian at the August 24, 2023 hearing on Judgment Creditor's Motion to Amend Judgment to Add Buy Rite Electric, LLC as an Additional Judgment Debtor. On August 29, 2023, Judgment Creditor Michael L. Magasinn filed an Application and Order for Appearance and Examination for Brian L. Davidoff or the PMK at Greenberg Glusker. On September 27, 2023, Greenberg Glusker filed a motion for protective o...

Excerpt: ..., Velinda Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi filed this action against Defendant T-Mobile USA Inc. On April 5, 2023, Defendant filed a motion to quash service of summo...

Excerpt: .... Geiger filed this action against Defendants National Veterinary Associates Inc., Ethos Veterinary Health LLC, Ethos-California Veterinary Group Inc., Leilani Way, Madisyn Bonestell-Jensen, and Michelle Connearney. On July 14, 2023, National Veterinary Associates Inc., Ethos Veterinary Health LLC, and Ethos-California Veterinary Group Inc. filed a demurrer and motion to strike. On July 20, 2023, Madisyn Bonestell-Jensen filed a notice of joinder...

Excerpt: ...23, Plaintiff Rogelio Bautista Cruz filed this action against Defendants ALAL, LLC dba Kei-Ai Los Angeles Healthcare Center (erroneously sued as Alal LLC), Aspen Skilled Healthcare Inc., and Aspen Healthcare Services, LLC. MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA On August 11, 2023, Plaintiff served a deposition subpoena on Cedars Sinai Medical Center – Billing for personal appearance and production on September 13, 2023. (Crownover...

Excerpt: ...ed Form Interrogatories, Set One and Request for Production, Set One on Defendant. Defendant never served responses, so Plaintiff filed two motions to compel on December 5, 2022. At the May 8, 2023 hearing, Defendant did not appear, but Plaintiff's counsel represented that some late discovery responses were received. The Court ordered Defendant to provide complete responses, without objections, to Form Interrogatories 4.1(e) and 12.1 within 20 da...

Excerpt: ...Clarence Harrell filed this action against Defendant City of Pasadena. The parties have been heavily litigating their discovery disputes. DEFENDANT'S MOTION FOR PROTECTIVE ORDER On August 2, 2023, Plaintiff filed an ex parte application to continue the September 5, 2023 trial date and all related dates, including discovery. On August 3, 2023, the Court granted in part Plaintiff's ex parte application. The Court advanced and continued to September...

Excerpt: ... (1) breach of contract; (2) breach of contract; (3) breach of covenant of good faith and fair dealing; (4) breach of covenant of good faith and fair dealing; (5) breach of fiduciary duty; (6) unfair business practices (erroneously titled Fifth Cause of Action); and (7) declaratory relief (erroneously titled Sixth Cause of Action). On January 4, 2023, Plaintiff recorded a Notice of Lis Pendens for the property commonly known as 126-128-130-132 Or...

Excerpt: ..., 2023, Defendant filed a motion for protective order for Plaintiff's deposition of Defendant's PMK with request for production of documents. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may include directions that the deposition not be taken, be ...

Excerpt: ...ald Conzonire. On August 11, 2023, Defendant filed a demurrer and a motion 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, 1406.) A. Plaintiff Sufficiently Allege...

Excerpt: ...ndants RK All Insurance Services, Rian Kang, and others. On April 3, 2023, Defendants filed a demurrer to the eighth cause of action, the only brought against them. 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 Cente...

Excerpt: ...d a demurrer to the first cause of action for quiet title, the only cause of action brought against him. At the original June 6, 2023 hearing on the motion, the Court granted Plaintiff leave to amend, continued the hearing on the demurrer, and allowed supplemental briefing. Plaintiff filed a first amended complaint (“FAC”) on September 15, 2023. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2...

Excerpt: ...On March 8, 2023, the Court entered default against Defendant. On March 15, 2023, Defendant filed an answer, and on July 6, 2023, Plaintiff moved to strike the answer. On August 23, 2023, Defendant filed a motion to set aside/vacate default. The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) The application for relief must be made wit...

Excerpt: ...ights Defense Council LLC's first amended complaint (“FAC”). On February 27, 2023, Plaintiff filed a second amended complaint (“SAC”). On March 27, 2023, Defendants Carlos A. Lainez and Guadalupe Lainez filed a demurrer to the SAC. 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...

Excerpt: ...- Newport Landing) for violation of the Jones Act. On May 15, 2023, Defendant filed a motion to transfer venue. At the original June 22, 2023 hearing, the Court continued the matter at Plaintiff's request to allow discovery and supplemental briefing on venue issues only regarding (1) the actual location of the Plaintiff's injury; (2) where the Plaintiff performed his work for the Defendant; (3) where do witnesses to the case reside and what would...

Excerpt: ...t General Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On December 9, 2022, Plaintiff served Request for Production of Documents on Defendant. (Yashar Decl. ¶ 4.) On January 24, 2023, Defendant served responses, which Plaintiff deemed insufficient. (Yashar Decl. ¶ 6.) After attempting to meet and confer (Yashar Decl. ¶¶ 7-10), Plaintiff filed a motion to compel further responses on March 10, 2023. E-FILING D...

Excerpt: ...e of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On July 14, 2023, Defendant filed a motion to compel arbitration and stay the action. 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 ...

Excerpt: ...roductions Inc., and The Record Plant Inc. (“Moi Parties”). On November 29, 2021, the Moi Parties filed an answer and cross-complaint against the Philmar Parties. On January 18, 2022, the Philmar Parties filed an answer to the cross-complaint. On July 21, 2023, the Philmar Parties filed a motion for judgment on the pleadings. REQUESTS FOR JUDICIAL NOTICE The Philmar Parties' request for judicial notice of records from Case No. 18STCV08191 is ...

Excerpt: ...a LLC) filed a Petition to Compel Arbitration, Nominating and Appointing Arbitrator, and For Costs against Respondents FMB Development LLC (“FMB”), Ilan Kenig, Elim Management Inc. (“Elim”), and Joel Haggin, with 7760 Romaine LLC and 1159 Formosa LLC as Nominal Respondents. On July 21, 2023, Petitioner filed an amended petition. No oppositions were filed. REQUEST FOR JUDICIAL NOTICE Petitioner's request for judicial notice of grant deeds ...

Excerpt: ...plaint alleges (1) breach of oral agreement; (2) breach of implied-in-face contract; (3) promissory estoppel; (4) restitution (unjust enrichment); (5) conversion; (6) fraud; (7) promissory fraud; (8) quiet title; (9) intentional infliction of emotional distress (“IIED”); (10) false imprisonment; (11) assault and battery; (12) sexual battery; (13) negligence; (14) defamation per se; (15) defamation per quod; (16) trade libel; (17) declaratory ...

Excerpt: ...ew cause of action for violation of Penal Code section 496. At the original August 15, 2023 hearing on the motion, the Court continued the hearing and ordered Plaintiff's counsel to file a supplemental declaration further explaining why the proposed new cause of action could not be alleged earlier, including (1) the delay in reviewing the chain of title for the property; (2) why the information from the chain of title in fact gave rise to the fac...

Excerpt: ... later substituted Adriana Sahar LLC for Doe 1 and Adriana Sahar Meiri for Doe 3. On August 28, 2023, Plaintiff filed a motion for leave to file a first amended complaint. The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to...

Excerpt: ...ed three motions to compel Defendant Miguel Arteaga's further responses to discovery. On August 10, 2023, the Court continued the hearings on the motions and ordered the parties to meet and confer and file the required joint statements. E-FILING ISSUES Under the Court's First Amended General Order for electronic filing, “[e]lectronic documents must be electronically filed in PDF, text searchable format when technologically feasible without impa...

Excerpt: ...s LLC dba PB Fasteners (“SPS”) 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 retaliatio...

Excerpt: ... purchase of an allegedly defective vehicle from a non-party dealership. On March 4, 2022, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On June 8, 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. ...

Excerpt: ...ollins|Ford, LLP, William H. Ford III, Claudia J. Serviss, Michael D. Collins, Beitchman & Zekian, P.C., and David P. Beitchman. The SAC alleges (1) conversion, (2) intentional interference with contractual relationship, (3) intentional interference with prospective economic advantage, and (4) aiding and abetting fraudulent transfers. On June 30, 2023, Ford Serviss, LLP, Collins|Ford, LLP, William H. Ford III, Claudia J. Serviss, and Michael D. C...

Excerpt: ... contract and breach of implied warranty. On June 15, 2023, IPL filed a demurrer. IPL argues that this action is barred by res judicata and the parties' settlement agreement. As an initial matter, CWS argues that IPL's current corporate status with the California Secretary of State is “Forfeited – SOS,” so it cannot defend itself in this action. (Opposition at pp. 2-3.) In reply, IPL contends that it merged with another entity, which assign...

Excerpt: ...t 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).) Defendant moves to strike allegations related to punitive damages (Complaint ¶¶ 30, 41, 53, 59, 71, 79, 87, 108, an...

Excerpt: ...fendant Cobalt Construction Company. The Court entered default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023, the Court denied without prejudice Plaintiff's requests for entry of default judgment. On July 17, 2023, Plaintiff filed this request for entry of default judgment. This request is not significantly different from the prior requests. Plaintiff seeks a judgment of $3,011,659.54, consisting of $1,000,000.00 in actua...

Excerpt: ...Inc. ("Nova-seller"), Julita P. Fraley aka Julie Fraley, and Carol Vega aka Carol Vega Aguilar. On February 3, 2023, Nova-seller, Julita P. Fraley, Carol Vega, and Nelson Rolando Aguilar (collectively, "Cross-complainants") filed a cross-complaint against Nova-Buyer, Jonathan Sassover, Michael Davidov, and Pine Street Healthcare Holdings LLC ("Pine Street") (collectively, "Cross- Defendants"). On March 2, 2023, Cross-Defendants filed a demurrer a...

Excerpt: ...cuments, Set One, on Plaintiff Oscar Valle. (Gershfeld Decl. ¶ 4.) On May 9, 2023, Plaintiff served objections. (Gershfeld Decl. ¶ 5.) The parties met and conferred before Defendant filed a motion to compel further responses to RFP Nos. 20-22 on July 7, 2023. (Gershfeld Decl. ¶¶ 6-10.) A party may move to compel a further response to a demand for production of documents if the demanding party deems that the statement of compliance with the de...

Excerpt: ... action against Defendants Rosa Saenz and Bertha Saenz. Defendants later filed a cross-complaint. On September 15, 2022, the Court granted Plaintiff's motion to compel arbitration. On May 31, 2023, Arbitrator Robert Mann of ADR Services Inc. issued a written award that awarded nothing to Plaintiff and voided Plaintiff's mechanic's lien. Defendants were also awarded $25,000.00 from Plaintiff. On June 28, 2023, Plaintiff filed a motion to vacate th...

Excerpt: ...Kiely and MDMK Ltd. filed a second amended complaint against Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. On April 28, 2023, Defendants filed an amended motion to quash service of summons for lack of personal jurisdiction. Defendants also filed an amended motion to dismiss or stay on forum non conveniens grounds. On June 15, 2023, Plaintiffs filed a motion to continue ...

Excerpt: ...ha Gold, and John Kelle Courtney for legal malpractice. John Kelley Courtney filed a demurrer, and all other Defendants filed answers. On May 23, 2023, the Court sustained Courtney's demurrer with leave to amend. On June 15, 2023, Plaintiff filed a first amended complaint (“FAC”). On July 18, 2023, Samantha Gold (“Defendant”) filed a demurrer to the FAC's fourth, fifth, eighth, ninth, tenth, eleventh, and twelfth causes of action. A demur...

Excerpt: ...warranties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFPs. FCA did not timely file an opposition, and instead, it filed a declaration at 11:18 p.m. the night before the hearing. At the April 20, 2023 hearing, the Court directed the parties to prepare and file a joint statement no later than April 26, 2023. The Court con...

Excerpt: ...USTAINING DEMURRER OF GLORIA CORRALES; SUSTAINING DEMURRER OF PILOT TRAVEL CENTERS LLC Dept. 48 8:30 a.m. September 7, 2023 On August 22, 2022, Plaintiffs Theresa Chang dba Treasure Connection; Forty-Seventh & Fifth, Inc.; Paul 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...

Excerpt: ...onire. On November 1, 2022, Plaintiff served Requests for Production, Set One on Defendant. Defendant served responses, but Plaintiff believed they were deficient. After meeting and conferring, on June 9, 2023, Plaintiff filed a motion to compel further responses to RFP Nos. 3, 12-17, 19, and 20. On July 12, 2023, Plaintiff filed a first amended complaint (“FAC”) alleging (1) breach of fiduciary duty, (2) fraud, and (3) accounting. A party ma...

Excerpt: ...endant General Motors LLC for breach of warranties arising from the purchase of an allegedly defective vehicle. On July 14, 2023, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (“PMK”). On July 24, 2023, Defendant served objections. On August 2, 2023, Plaintiffs filed a motion to compel the deposition of Defendant's PMK with production of documents. EVIDENTIARY OBJECTIONS Plaintiffs' objections to the Declaration o...

Excerpt: ...r 5, 2023 On March 25, 2021, Plaintiff Cameron Kaminski filed this action against 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 May 28, 2021, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”). On July 7, 2021, Pl...

Excerpt: ...onire. On November 1, 2022, Plaintiff served to Special Interrogatories, Set One on Defendant. Defendant served responses, but Plaintiff believed they were deficient. After meeting and conferring, on June 9, 2023, Plaintiff filed a motion to compel further responses to Special Interrogatories, Set One. On July 12, 2023, Plaintiff filed a first amended complaint (“FAC”) alleging (1) breach of fiduciary duty, (2) fraud, and (3) accounting. A pa...

Excerpt: ...tton Sales Corp., and Kimberly Guard. The Complaint alleges (1) failure to provide meal breaks; (2) failure to provide rest breaks; (3) failure to pay wages; (4) failure to pay overtime; (5) failure to provide accurate itemized wage statements; (6) violations of the California Unfair Competition Law (“UCL”); (7) medical disability discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (8) failure to accommodate; (9) ...

Excerpt: ...ties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFPs. FCA did not timely file an opposition, and instead, it filed a declaration at 11:18 p.m. the night before the hearing. At the April 20, 2023 hearing, the Court directed the parties to prepare and file a joint statement no later than April 26, 2023. The Court continued...

Excerpt: ...h filed a motion to compel production of documents from Defendant Schuster Land Corporation. On June 1, 2023, Plaintiff filed a motion for an order to show cause re: contempt. Defendant did not file any oppositions. MOTION TO COMPEL PRODUCTION OF DOCUMENTS On August 30, 2022, Plaintiff served Request for Production of Documents, Set One on Defendant. (Naudi Decl., Ex. B.) After receiving several extensions of time, on April 14, 2023, Defendant se...

Excerpt: ...lio Resendiz filed this action against Defendant General Motors LLC. On March 9, 2023 Plaintiff served Defendant with Demand for Inspection and Copying, Set One, and Request for Admissions, Set One. (Yashar Decl. ¶ 2.) Defendant did not serve responses. On June 23, 2023, Plaintiff filed a motion to compel written responses to Demand for Inspection and Copying, Set One and a motion to deem the truth of all matters in Request for Admissions, Set O...

Excerpt: ...also ordered Plaintiff to pay sanctions of $1,260.00 within ten days. Plaintiff did not timely pay the sanctions, despite Defendant's further reminders. (See Rynerson Decl. ¶¶ 3-5.) On July 28, 2023, Defendant filed a motion for contempt and sanctions due to Plaintiff's failure to comply with the November 3, 2022. A court may find a person in contempt for disobedience of a lawful court order. (Code Civ. Proc., §§ 1209, subd. (a)(6), 1218.) �...

Excerpt: ...IN PART SHANE WEBER'S DEMURRER TO FACC; GRANTING MOTION TO CONTINUE TRIAL Dept. 48 8:30 a.m. Au gust 29, 2023 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this 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) tres...

Excerpt: ..., Marco Antonio Marquez, Maria Carmen Marquez, and Green Court Investors LP (“Green Court”). On December 13, 2022, Green Court filed an answer and a cross-complaint against Infinity and Marco Marquez. On February 21, 2023, Infinity and Marco Marquez filed an answer to Green Court's cross-complaint. On August 3, 2023, Green Court filed a motion for leave to file a first amended cross- complaint (“FACC”). The Court may, in its discretion an...

Excerpt: ...P (“Green Court”), Infinity Plumbing Inc. (“Infinity”), and others. On November 3, 2022, Green Court filed an answer and a cross-complaint against Infinity and Marco Marquez. On January 6, 2023, Infinity and Marco Marquez filed an answer to Green Court's cross-complaint. On August 2, 2023, Green Court filed a motion for leave to file a first amended cross- complaint (“FACC”). The Court may, in its discretion and after notice to the ad...

Excerpt: ...car Valle filed this action against Defendants Santa Clarita Studios Corp. (“Defendant”), Santa Clarita Studios Inc., and Santa Clarita Studios. Plaintiff later dismissed Santa Clarita Studios Inc. and Santa Clarita Studios. On June 24, 2022, Plaintiff served Request For Production, Set One on Defendant. Defendant did not timely serve responses, and when it did on November 28, 2022, Plaintiff contended that the responses were deficient. After...

Excerpt: ... Services Inc., asserting a single cause of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On February 14, 2023, Defendant filed a motion to compel arbitration and dismiss the action. Plaintiff's request for judicial notice is denied as irrelevant. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to ...

Excerpt: ...iled an answer. The Complaint seeks injunctive relief for (1) unlawful business practices under the Unfair Competition Law (“UCL”), (2) unfair business practices under the UCL, (3) violation of the False and Misleading Advertising Law (“FAL”), and (4) violation of the Consumer Legal Remedies Act (“CLRA”). On November 8, 2022, the Court granted Defendant's motion for a stay pending the resolution of Henry v. Nissin Foods (U.S.A.) Co., ...

Excerpt: ...utory judgment for partition by sale of the property commonly known as 440 South Wilton Place, Los Angeles, CA 90020 (“Property”). On February 16, 2023, the parties stipulated to the appointment of Kevin A. Singer as Partition Referee. On July 24, 2023, the Partition Referee filed a motion for confirmation of the sale of the Property. Defendant Old Republic National Title Insurance Company (“Old Republic”) filed an objection. LEGAL STANDA...

Excerpt: ... judgment on May 13, 2021. On May 3, 2022, the Court granted in part Defendant's motion to vacate default and default judgment. The Court vacated the May 13, 2021 default judgment. The Court denied the request to vacate the December 3, 2020 entry of default, finding that the motion was untimely under Code of Civil Procedure section 473 and that Defendant did not show extrinsic fraud, extrinsic mistake, a meritorious defense, or diligence in seeki...

Excerpt: ...ts 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. 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 a...

Excerpt: ...c. and T.J. Maxx of CA LLC for civil penalties and injunctive relief based on violations of Health & Safety Code section 25249.6 et seq. On June 30, 2023, Plaintiff filed this motion to approve a consent judgment entered into with Defendant GMA Accessories, Inc . Plaintiff asserts that the consent judgment is fair and reasonable to the parties, serves the public interest, has been submitted for review to the Office of the Attorney General of Cali...

Excerpt: ... On November 19, 2019, Defendant filed an answer. On July 13, 2023, Defendant filed a motion for leave to file an amended answer. The Court may, in its discretion and after notice to the adverse party, allow an amendment to any pleading. (Code Civ. Proc., § 473, subd. (a)(1).) A motion to amend a pleading must include a copy of the proposed amendment or amended pleading which must be serially numbered to differentiate it from previous pleadings ...

Excerpt: ...first amended complaint, and on August 5, 2021, he filed a second amended complaint. The SAC alleges legal malpractice arising from Defendants' representation of him and his wife in Riverside County Case No. RIC1719974. (E.g., SAC ¶¶ 15 & Ex. 2.) On July 18, 2023, Plaintiff filed a motion for leave to file a third amended complaint (“TAC”). Defendants' request for judicial notice of documents including the Notice of Appeal in Jennifer Peiyi...

Excerpt: ...ding LLC and Carol Baker Real Estate Inc. Respondents' request for judicial notice is denied as irrelevant. When seeking to compel arbitration, the movant 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 opponent to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers...

Excerpt: ...y Jung, Propent Real Estate Inc., B&B Investment Properties LLC (collectively, “Defendants”), 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) acco...

Excerpt: ...“Defendant”). On September 27, 2021, Plaintiff filed a first amended complaint that added Cedars Sinai Medical Center as a defendant and alleged additional causes of action. Default was entered against Defendant on August 2, 2022. On December 8, 2022, Defendant filed a motion to set aside the default. On January 13, 2023, the Court (Department 30) granted the motion. Defendant also filed a demurrer and later filed an answer. On March 15, 2023...

Excerpt: ...tion Department) alleging (1) failure to provide accommodation in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to engage in the interactive process in violation of FEHA; (3) disability and age discrimination in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, retaliation, and harassment in violation of FEHA. On June 9, 2022, Defendant filed a motion for summary judgm...

Excerpt: ...d Inc., and Jason Shadpour as Trustee of the JK Land Trust (erroneously sued as JK Land Trust). The complaint alleged breach of lease, fraud, unjust enrichment, and rescission/restitution. On January 28, 2022, the parties filed a stipulation for Plaintiff to file a first amended complaint (“FAC”) adding a new cause of action for breach of fiduciary duty. Following Defendants' demurrer to the FAC, Plaintiff filed a second amended complaint (�...

Excerpt: ...Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $300,000.00. Of that amount, up to $105,000.00 (35%) will be paid as attorney fees, up to $20,000.00 will be paid as costs, and up to $20,00.00 will be paid to a settlement administrator. (Moon Decl., Ex. 1 at p. 5, ¶ 3.2.) Of the remaining amount, 75-percent will be paid to the Labor and Workforc...

Excerpt: ... 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 certificates o...

Excerpt: ... a Request for Inspection and Production of Documents and Other Things, Set Six, Requests Nos. 186-199. (Anglin Decl. ¶ 4.) Defendant responded on August 31, 2022, but Plaintiff believed the responses were deficient. (Anglin Decl. ¶ 5; see Anglin Decl. ¶ 6.) On October 3, 2022, Plaintiff filed a Notice of Hearing Date on Motion to Compel Further Responses. On July 7, 2023, Plaintiff filed a joint statement and a memorandum of points and author...

Excerpt: ... 8:30 AM Au gust 1, 2023 On January 12, 2023, Plaintiffs Victor Coronado and Philip Dimaggio (collectively, “Plaintiffs”) filed this action against Defendant General Motors, LLC (“Defendant”) and Does 1 through 20, inclusive, asserting two causes of action under the Song-Beverly Consumer Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges that on September 4, 2017, the ...

Excerpt: ...e custody and care of Defendants. On July 27, 2023, Plaintiff filed an ex parte application to seal the certificates of merit and certificate of corroborative facts, permit service on Doe Defendants, 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 ...

Excerpt: ...ORDER GRANTING IN PART MOI'S MOTION TO COMPEL LAWRENCE'S FURTHER RESPONSES TO RFPs, SET THREE; ORDER GRANTING IN PART MOTION TO COMPEL DEPOSITION Dept. 48 8:30 a.m. Jul y 27 2023 On July 22, 2021, Philip Lawrence and Philmar Studios Inc. filed this action against Patrizio Moi, Moi Productions Inc., and The Record Plant, alleging (1) intentional misrepresentation; (2) false promise; (3) fraudulent inducement; (4) violation of the Unfair Competitio...

Excerpt: ...ions of Plaintiffs Boris Gorbis and Eda Gorbis. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to them by their first names and intend no disrespect.” (Cruz v. Superior Court (2004) 120 Cal.App.4th 175, 188, fn. 13.) If a party fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and production. (Code Ci...

Excerpt: ...Plaintiff filed a motion for attorney fees and a memorandum of costs. 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 inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended ...

Excerpt: ...Cordova filed this action against Defendants Long Spring Freight LLC, A&D Hauling Services, Grace Hsiao Hui, and Vincent Hui. The Complaint alleges (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) whistleblower retaliation; (4) violation of Labor Code section 6310; (5) negligence; (6) constructive discharge in violation of public policy; (7) violation of Labor Code sections...

Excerpt: ...hobanian, M.D. On November 21, 2022, Defendant filed a demurrer and motion to strike. On May 3, 2023, Plaintiff filed a Notice of Errata re: FAC. 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) 2...

Excerpt: ... Rosa Barry as personal representative of the Estate of Francisco Edgardo Paredes. The Complaint alleges (1) breach of contract, (2) account stated, and (3) promissory estoppel arising from Paredes's failure to pay all amounts due for legal services. On March 17, 2023, Defendant filed a demurrer. Defendant's request for judicial notice of the proof of service is granted. A demurrer for sufficiency tests whether the complaint states a cause of act...

Excerpt: ...ISMISS; CONTINUING HEARINGS ON DEMURRER AND MOTION TO STRIKE; CONTINUING CASE MANAGEMENT CONFERENCE Dept. 48 8:30 a.m. Jul y 20, 2023 On March 30, 2023, Plaintiffs Michael J. Kiely and MDMK Ltd. filed a second amended complaint against Defendants Hyph (USA) Inc., Xhail Inc., Hyph Corporation, Max Renard, Anders Thorsell, Andreas Carlsson, and Alex Dessauer. On April 28, 2023, Defendants filed an amended motion to quash service of summons for lack...

Excerpt: ...fie & Khoshbin Dental Corp. and Torrance Dental Center, alleging (1) discrimination based on sex/pregnancy; (2) retaliation; (3) failure to prevent discrimination; and (4) wrongful termination based on public policy. On May 5, 2023, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL DEFICIENCIES “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to...

Excerpt: ... ADMISSIONS ADMITTED Dept. 48 8:30 a.m. July 20, 2023 On September 27, 2021, Plaintiff Brandy Lynn Sparks filed this action against Defendant General Motors, LLC On April 27, 2023, Plaintiff filed (1) a motion to compel production of documents for Request for Production, Set One (CRS #: 038926198601); (2) a motion to compel written responses to Interrogatories (Special and Form), Set One (CRS #: 676766873693); and (3) a motion to deem Requests fo...

Excerpt: ...ey General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $195,000.00. Of that amount, up to $65,000.00 will be paid as attorney fees, $6,321.01 will be paid as costs, up to $6,689 will be paid to a settlement administrator, and $15,000.00 will be paid to Plaintiff. Of the remaining amount, 75-percent ($76,492.49) will be paid to the Labor and Workforce Developm...