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

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