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