Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ...haun Sharabi, Trace Rucarean, Patrick Butler, Michael Cavaleri, and Jeremy Nicholson. This case was later related to fifteen other cases: 24STCV02767, 24STCV02782, 24STCV02797, 24STCV02805, 24STCV02933, 24STCV02935, 24STCV02936, 24STCV02937, 24STCV02942, 24STCV02950, 24STCV02955, 24STCV02961, 24STCV02968, 24STCV03051, and 24STCV03097. On March 29, 2024, Defendants filed a motion to consolidate. PROCEDURAL ISSUES A Notice of Motion containing a li...

Excerpt: ... reached a settlement in this Song -Beverly action. On February 26, 2024, Plaintiffs filed a motion for attorney fees. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney fees and expenses. (Civ. 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 t...

Excerpt: ...ges breach of lease and account stated. On November 30, 2023, Defendant filed a demurrer. 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.) “Because a demurrer chall...

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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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) ...