Excerpt: ...Restoration Unlimited Group: Inc., State National Insurance Company, Inc. ("State National"), RK All Insurance Sen-ices and Rian Kang_ On December 1 2022, the Court sustained in part State National -s demulTer and granted its motion to strike the eighth cause of action for negligent misrepresentation. On February 21 2023 Plaintiff filed a motion for leave to file a fourth amended complaint ("4AC") The Coun may: in its discretion and after notice ...

Excerpt: ...514 North Highland Trust; and Esther Fedida (collectively, "Plaintiffs) filed a foulth amended complaint ("4AC") against Defendant Massachusetts Bay Insurance Company and others. On March 9, 2022, the Coun granted Defendant' s motion for summary judgment, and on September 21 2022, the Court entered judgment in favor of Defendant and against Plaintiffs. On November 17 , 2022, Defendant filed a motion for attorney fees in the amount of S413:556 51....

Excerpt: ...hase of an allegedly defective vehicle from a non-party dealership. On February 1 , 2023 Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. EVIDENTIARY OBJECTIONS Plaintiffs objection to Defendant's Exhibit 4 is overmled_ Plaintiff repeatedly refers to the language of this document and thereby acts upon it as though it is authentic. (Evid. Code, 1414.) REOUEST FOR JUDICIAL NOTICE Defendant asks t...

Excerpt: ... Defendants Rebeka Shadpour aka Rebeka Shad, Wealth Road Inc., and Wealth Road Realty the JK Land Tmst_ According to the FAC's allegations, it is brought against Defendants Rebeka Shadpour aka Rebeka Shad, Wealth Road Inc., and The JK Land Trust On November 18, 2022, Rebeka Shadpour aka Rebeka Shad: Wealth Road Inc., and The JK Land Trust (collectively, "Defendants") filed a demurrer and motion to strike DEMURRER A demurrer for sufficiency tests ...

Excerpt: ...aintiffs' lease of an allegedly defective vehicle uith a non-party dealership. On November 16, 2022, BMW of North America: LLC ("BMW"') filed a motion to compel arbitration and stay the action pending completion of arbitration. EVIDENTIARY OBJECTIONS Plaintiffs' objection to BMW' s Exhibit A is overmled_ Plaintiffs repeatedly refer to the language of this document and thereby act upon it as though it is authentic. (Evid. Code, 1414.) DISCUSSION W...

Excerpt: ...iam Charles Reese and others: as well as all persons unknown claiming any legal or equitable right: title: estate: lien or interest in the real property commonly knoun as 11902 & 11904 Elva Avenue, Ins Angeles: Califomia 90059 with Assessor' s Parcel ID Number 6148-013-018 ("Property") Plaintiff later dismissed all defendants other than William Charles Reese. The Court entered default against William Charles Reese on November 12, 2021 _ On Novemb...

Excerpt: ...ants UCNP II: LLC ("UCNP¯), West Covina Motor Group LLC ("Trophy"), and Byron Moldo (erroneously sued as Byron Muldo)_ The action arises from a dispute over possession of real property located at 205 North Citms Street, West Covina, Califomia, 91791 ("Property'). Envision alleges that it paid Trophy for all or substantially all of Trophy's assets, as well as an assignment of Trophy' s interests in a commercial lease with UCNP_ (Complaint 1.) UCN...

Excerpt: ...ter stipulated to allowing Plaintiffs action to continue through Maria Salazar: his successor-in-interest The complaint alleges (1) discrimination in violation of the Fair Employment and Housing Act ("FEHA"); (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in a good faith interactive proces...

Excerpt: ...on against Defendants The Regents of the University of California, Elizabeth Maister, and Lisa Bishop-Smith alleging (1) retaliation in violation of the Labor Code; (2) discrimination (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (3) harassment in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, harassment, or retaliation. On December 8, 2022, Defendants ...

Excerpt: ...on against Defendants The Regents of the University of California, Elizabeth Maister, and Lisa Bishop-Smith alleging (1) retaliation in violation of the Labor Code; (2) discrimination (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (3) harassment in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, harassment, or retaliation. On December 8, 2022, Defendants ...

Excerpt: ...s Cafe, Inc. and Libasky Johanina Gutierrez-Tobar. On April 1, 2022, the Court entered judgment in favor of Plaintiff and against Defendants, jointly and severally, in the amount of $54,500.00 plus $1,685.00 in attorney fees and costs. On December 16, 2022, Plaintiff filed a motion to amend the judgment to add Nina's Cafe Bar, Inc. as a joint employer and alter ego judgment debtor. No oppositions were filed. Code of Civil Procedure section 187 gr...

Excerpt: ...s LLC, and Kellermeyer Bergensons Services LLC (collectively, “Defendants”), alleging a single cause of action for civil penalties under the Private Attorneys General Act based on Labor Code violations. On November 15, 2022, Defendants filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendants' objections to the Declaration of Maria Rodriguez De Paz, attached to the Declaration of Bevin Allen Pike, are overruled. LEGAL STANDARD W...

Excerpt: ...ecedent Javier Jaime Puerto) filed this action against Defendant Auxiliary Residential Care, Inc. dba Mariposa Homa (erroneously sued as Auxiliary Residential Care Incorporated and Mariposa Home). On July 15, 2022, Defendant filed a motion to strike portions of the first amended complaint (“FAC”). Plaintiff filed the FAC on July 27, 2022. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or i...

Excerpt: ... On October 28, 2022, Plaintiff J.A.M. (a minor, individually and as Successor-In-Interest to the Estate of Decedent Michael McGarry, by and through his Guardian Ad Litem, Lindsey Mueller) filed a first amended complaint (”FAC”) against Defendants Preferred Express Towing and Recovery Inc., Mohammad Alqaza, NantMedia Holdings LLC (erroneously used as Nant Capital LLC dba Los Angeles Times) (“NantMedia”), Atlas Capital Group LLC (“Atlas�...

Excerpt: ...na Guerra. On March 14, 2022, Plaintiff filed a first amended complaint (“FAC”). On May 13, 2022, the Court sustained Trevor Candler's demurrer to the FAC without leave to amend. On September 16, 2022, Fabio Guerra and Lorena Guerra filed an answer, and on November 29, 2022, they filed a motion for judgment on the pleadings. Plaintiff did not file an opposition. The request for judicial notice is denied as irrelevant. A motion for judgment on...

Excerpt: ... Steven Lin, Keith Hoang, AboveLab Inc., Skisen Corporation, GoJoy Inc., and Kaurat Reserves Ltd. (collectively, “Defendants”). On March 23, 2021, the Court granted Defendants' ex parte application to stay this action pending the resolution of criminal proceedings against Lin. On January 4, 2023, Plaintiffs filed a motion to lift the stay. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the search warrant and c...

Excerpt: ...Appeal of the Order, Decision, or Award of the Labor Commissioner. On September 15, 2022, Respondent filed a motion to dismiss due to Appellant's late appeal and failure to post an undertaking. A. Appellant's Appeal Is Untimely. A party may appeal the Labor Commissioner's order, decision, or award to the superior court within 10 days after service of notice of the order, decision, or award. (Lab. Code, § 98.2, subd. (a).) Appellant was served wi...

Excerpt: ...h America Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On November 2, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUESTS FOR JUDICIAL NOTICE A. Defendant's RJN is Granted in Part. Defendant asks the Court to take judicial notice of the complaint and answer in this action. The Court denies the request as irrelevant; the compl...

Excerpt: ...s Reyes Vasquez, Azucena Ramirez Salinas, Jose Manuel Hernandez, Elizabeth Agustin, Erick G. Chazari, Geovanni Chazari, Erick F. Chazari, Emily Chazari, Carmela Cruz Martinez, Jose Tamayo, Elvis Frias, Diana Martinez, Fernando Martinez, and Veronica Martinez (collectively “Plaintiffs”) filed this action against Defendants Mariposa 20 LLC, K3 Manager LLC, K3 Holdings LLC, Nathan Kadisha, Michael Kadisha, Luzelba Lozano Mansour, Zaki S. Mansour...

Excerpt: ...a Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On December 29, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUESTS FOR JUDICIAL NOTICE A. Defendant's RJN Defendant asks the Court to take judicial notice of the complaint and answer in this action. The Court denies the request as irrelevant; the complaint and answer are already...

Excerpt: ...C”) against Defendant County of Los Angeles. On October 31, 2022, Defendant filed a demurrer to the TAC. 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.) Defendant demurs to ...

Excerpt: ...RRERS ARE SUSTAINED WITH LEAVE TO AMEND. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE RESPONSES WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the mo...

Excerpt: ...ield this action against Defendants LA Solar Group Inc. (“LA Solar”)and Denise Villicana. On October 27, 2022, LA Solar filed a demurrer and motion to strike. DEMURRER LA Solar argues that the Complaint is “so ambiguous and unintelligible that Defendant cannot determine against whom Plaintiffs' allegations are directed.” (Demurrer at p. 6.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (20...

Excerpt: ...of an allegedly defective vehicle. On October 19, 2022, Defendant filed a motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice is granted. EVIDENTIARY OBJECTIONS Plaintiff's Objection No. 1 is sustained for lack of foundation and personal knowledge. Plaintiff's Objection No. 2 is overruled. OTHER PROCEDURAL ISSUES Plaintiff inserted improper argument in their responses to Defendant's separate statement ...

Excerpt: ... ONE; DENYING MOTION TO COMPEL RESPONSES TO DOCUMENT REQUESTS, SET ONE; DENYING MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS, SET ONE ADMITTED; GRANTING IN PART MOTION TO COMPEL WRITTEN RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; GRANTING IN PART REQUESTS FOR SANCTIONS Dept. 48 8:30 a.m. Feb ruar y 16, 2023 On April 4, 2022, Plaintiff Oscar Valle filed this action against Defendants Santa Clarita Studios Corp. (“Defendant”), Santa C...

Excerpt: ...On August 23, 2022, Plaintiff TL Veterans Construction, Inc. filed a third amended complaint (“TAC”) against Defendants Eun Hee Song, JNH Roofing, Inc. (“JNH”), Sean Soon Wook Lee, Jay Hahm, Restoration Unlimited Group, Inc. (“RUG”), State National Insurance Company, Inc. (“State National”), RK All Insurance Services, and Rian Kang, alleging (1) breach of contract, (2) express indemnify, (3) fraud: intentional misrepresentation, (...

Excerpt: ...da and against Defendant Kia Motors America, Inc. The Court entered judgment on September 16, 2022. On November 15, 2022, Plaintiffs filed a motion for attorney fees. A. Evidentiary Objections Defendant's Objection Nos. 1, 3, 4 are sustained. Defendant's Objection No. 2 is overruled. Plaintiffs' Objection Nos. 1, 2, 10, 11 are sustained. Plaintiffs' Objection Nos. 3-9 are overruled. B. Discussion As the prevailing party, Plaintiffs are entitled t...

Excerpt: ...ttorney in good standing in another jurisdiction who is not be a resident of California, regularly employed in California, or regularly engaged in substantial business, professional, or other activities in California may apply to appear as counsel pro hac vice in California. (California Rules of Court, rule 9.40(a).) The attorney must a verified application together with proof of service by mail of a copy of the application and notice of hearing ...

Excerpt: ...uar y 9, 2023 On April 21, 2022, Plaintiff First American Title Insurance Company filed this action against Defendants Golden State Holdings LLC (“Golden State”) and Karen Baca (collectively, “Defendants”). On August 1, 2022, Defendants filed an answer, and on August 31, 2022, they filed an amended answer. On September 19, 2022, Plaintiff filed a demurrer to Defendants' amended answer. Defendants did not file an opposition. On December 6,...

Excerpt: ..., Plaintiff David Carranza filed this action against Defendants Mohammad Ali Zareh DDS, Inc. and Charles Chan-Eung Park. On September 21, 2022, Mohammad Ali Zareh DDS, Inc. (“Defendant”) filed a demurrer. Plaintiff filed a late opposition. On December 27, 2022, Plaintiff filed a motion for leave to amend the complaint. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4...

Excerpt: ...inst Defendants Vitacost.com, Inc., Badia Spices, Inc. (“Badia”), and Amazon.com, Inc., alleging violation of Proposition 65. On January 11, 2023, Plaintiff filed a motion to compel the deposition of Bafia's person most knowledgeable (“PMK”). Plaintiff's motion is not accompanied by the required separate statement for discovery motions that sets forth, among other things, “[a] statement of the factual and legal reasons for compelling fu...

Excerpt: ...��FAC”) against Defendants DCW Logistics Services Inc., Alejandro Rodriguez, Matteo Mevlut Kirisci, and Henry Mandil (collectively, “FAC Defendants”), alleging (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide required meal periods; (4) failure to provide required rest periods; (5) failure to provide accurate wage statements; (6) unfair competition; (7) failure to produce employment file; (8) failur...

Excerpt: ...C”) against Defendant Carlos A. Lainez for violation of the Immigration Consultant Act (“ICA”). On October 26, 2022, Defendant filed a demurrer to the FAC. 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 (...

Excerpt: ...Nathanson Design Inc. (collectively, “Cross-Complainants”) filed a cross- complaint against Cross-Defendants Jessica De Rothschild, Alexander Gervasi, and Industria (USA) LLC (collectively, “Cross-Defendants”), alleging (1) negligence; (2) breach of contract (implied contract); (3) breach of contract (unformalized agreement); (4) breach of contract (common count – goods and services rendered); (5) quantum meruit; (6) defamation (false l...

Excerpt: ...fendants”). On January 12, 2023, Defendants filed a motion to stay the entire action. On January 13, 2023, Defendants filed a motion to compel arbitration and stay the action. Defendants request a stay of the entire action until their motion to compel arbitration is heard on April 6, 2023. When a party moves for a stay until a pending motion to compel arbitration is determined, the Court must stay the action. (Code Civ. Proc., § 1281.4.) “Th...

Excerpt: ...Defendant Jaguar Land Rover North America LLC for breach of warranties arising from the purchase of an allegedly defective vehicle. On August 30, 2022, Plaintiff propounded her second of written discovery, including Requests for Production of Documents, Set Two. On September 28, 2022, Defendant served unverified responses that consisted entirely of objections. On October 25, 2022, Plaintiff filed a motion to compel further responses. A party may ...

Excerpt: ...utomobile Insurance Company. On June 30, 2022, Defendant filed this motion for summary adjudication. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice of the Complaint is granted. EVIDENTIARY OBJECTIONS A. Plaintiffs' Objections to the Declaration of Tina Bhatia Nos. 1, 3, 11-24: Sustained as hearsay and for lack of personal knowledge. Nos. 2, 4-10, 25: Sustained as improper legal conclusion. B. Plaintiffs' Objections to the Dec...

Excerpt: ...c., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On May 6, 2022, Plaintiff filed a first amended complaint (“FAC”). On October 20, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the ...

Excerpt: ...8:30 a.m. Februar y 2, 2023 On July 25, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed a first amended complaint (“FAC”) against Defendant Carlos A. Lainez for Violation of the Immigration Consultant Act. On October 27, 2022, the Court granted Plaintiff's motion to compel a further response to Form Interrogatory No. 17.1 and Plaintiff's motion to compel further responses to Requests for Production (“RFP”) Nos. 1, 2, 4, 6, and...

Excerpt: ...gainst Defendant FCA US LLC, arising from Plaintiff's purchase of an allegedly defective vehicle. On October 26, 2022, Defendant filed a motion to compel responses to Requests for Production of Documents (“RFPs”). 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 demand is incomplete; the representation of inability to comply is inadequa...

Excerpt: ... 8:30 a.m. December 29, 2022 On September 14, 2020, Plaintiffs Jane HA Doe, Jane TG Doe, Jane RM Doe, Jane JR Doe, and Jane JN Doe (collectively, “Plaintiffs”) filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Alice Ballard-Treptow, and Joyce Johnson (collectively, “Defendants”). On July 26, 2022, the Court granted LAUSD's motion for leave to perform mental examinations of the plaintiffs. On July 28, ...

Excerpt: ...otors America, Inc., arising from Plaintiff's purchase of an allegedly defective vehicle. On September 20, 2022, Defendant filed a motion for summary adjudication of the second, third, fifth, and sixth causes of action. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice is denied. A different court's unpublished and non- binding order denying summary adjudication in a different case is not relevant. DOCUMENTS LODGED CONDITIONALLY...

Excerpt: ...2, 2022, Plaintiff D.E. filed this action against Doe 1, arising from childhood sexual assault. On August 23, 2022, the Court granted Plaintiff's ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a fictitious name. On December 13, 2022, Plaintiff filed another ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a...

Excerpt: ...ugust 26, 2020, Plaintiff Fabiola Yani (“Plaintiff”) filed this action against Defendants Burlington Coat Factory Direct Corporation and Laura Charles (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) unlawful retaliation under Labor Code section 1102.5; (5) wrongful discharge in violatio...

Excerpt: ...g and Chong Hui Chong (collectively, “Plaintiffs”) filed this action against Defendants Healthy Land, Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”). “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.) MOTION TO COMPEL...

Excerpt: ...efendant Seizmic, Inc. On October 19, 2022, Defendant filed a demurrer and amotion to strike. DEMURRER Defendant demurs to the fifth through tenth 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 liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Cente...

Excerpt: ...le Tirsoaga, granting Defendant's motion for summary judgment and declaring Defendant the prevailing party with regard to the claims between them. On October 25, 2022, Defendant filed a memorandum of costs, seeking $12,874.89 in costs. On November 7, 2022, Plaintiff filed a motion 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...

Excerpt: ...of Decedent Michael McGarry by and through his Guardian Ad Litem, Lindsey Mueller) filed a first amended complaint (”FAC”) against Defendants Preferred Express Towing and Recovery Inc., Mohammad Alqaza, Nantmedia Holdings LLC (erroneously used as Nant Capital LLC dba Los Angeles Times) (“NantMedia”), Atlas Capital Group LLC (“Atlas”), Alameda & 8th Owner LLC, and Rudin Management Company Inc. (“Rudin”). On November 3, 2022, Plaint...

Excerpt: ...ainst Tania Saroyan, alleging (1) violation of Los Angeles Municipal Code sections 151.04 and 151.10, (2) declaratory relief, and (3) unlawful business practices in violation of Business and Professions Code section 17200. On February 23 and 24, 2022, the Court tried the section 17200 cause of action first in a bench trial, and on May 2, 2022, the Court issued its Statement of Decision, finding in favor of Saroyan on the third cause of action. On...

Excerpt: ...rley A. Hong (“Harley”); Does 1-10, Trustee of the Young Ae Hong Living Trust dated December 20, 2018; and Does 11-20, Personal Representative on behalf of and for the estate of Fay Wha Hong (“Fay”), alleging (1) intentional misrepresentation; (2) concealment; (3) conversion/embezzlement; (4) larceny; (5) breach of contract; and (6) unjust enrichment. “The parties and relevant individuals share a last name. For clarity, convenience, and...

Excerpt: ...E NATIONAL INSURANCE COMPANY INC.'S MOTION TO STRIKE Dept. 48 8:30 a.m. December 1, 2022 On May 27, 2022, Plaintiff TL Veterans Construction, Inc. filed a second amended complaint (“SAC”). On August 3, 2022, the Court sustained Defendant Sean Soon Wook Lee's demurrer to the sixth cause of action for intentional misrepresentation, with leave to amend. The Court overruled Lee's demurrer to the ninth cause of action for contribution. On August 2...

Excerpt: ...filed this action against Defendants Healthy Land, Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”). “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.) On November 1, 2022, Plaintiffs filed a motion for terminating sanction...

Excerpt: ...n (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (2) discrimination (disparate impact) in violation of FEHA; (3) harassment (sexual favoritism) in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent harassment, discrimination, or retaliation; and (6) retaliation in violation of the Labor Code. Plaintiff later dismissed the second cause of action. On September 1, 2022, the Court ...

Excerpt: ...against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 8, 2022, Defendant filed a motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice is granted. EVIDENTIARY OBJECTIONS Plaintiffs' Objection No. 1 is sustained for lack of foundation and personal knowledge. OTHER PROCEDURAL ISSUES Plaintiffs inserted improper argument in their responses to...

Excerpt: ...rth America Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On October 27, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is also granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the ...

Excerpt: ... 48 8:30 a.m. November 28, 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary j...

Excerpt: ...gege, and Les Ateliers Bueno LLC (collectively, “Defendants”). The Court entered default against Les Ateliers Bueno LLC on April 30, 2021, and against Serge Bueno and Rene Hagege on October 18, 2021. On May 17, 2022, the Court denied Plaintiff's request for entry of default judgment without prejudice. Plaintiff filed this amended request for entry of default judgment on November 16, 2022 Plaintiff again did not file the mandatory Form CIV-100...

Excerpt: ...ng breach of contract and negligence. On September 2, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the complaint is granted. EVIDENTIARY OBJECTIONS Plaintiff and Defendant each inserted improper objections and argument in their responses to the other party's separate statement of material facts. That is not the proper place ...

Excerpt: ...tice of settlement of this case, which alleged breach of warranty under the Song-Beverly Warranty Act. Under the settlement, Plaintiffs are the prevailing party, and Defendant agreed to pay Plaintiff's reasonable costs, expenses, and attorney fees. (Ledbetter Decl., Ex 1, ¶ 3.) On October 21, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney...

Excerpt: ...”) filed this action against Defendants Stacey Summers and Gursey Schneider LLP. On July 8, 2022, Summers (“Cross-Complainant”) filed a cross-complaint against Gursey Schneider LLP (“Cross-Defendant”) for indemnification. On August 30, 2022, 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...

Excerpt: ...detainer action against Defendants Chris Neary and Tuere McCall (collectively, “Defendants”). Defendants filed an answer on October 13, 2022. On October 17, 2022, Defendants filed a motion for judgment on the pleadings. At the November 10, 2022 hearing on the motion, the Court continued the hearing and ordered supplemental briefing. MEET AND CONFER Plaintiffs argue that the motion must fail due to Defendants' failure to meet and confer under ...

Excerpt: ...herchi; Compass, Inc.; Or Brodsky; and Kathy Mehringer. On October 17, 2022, 833 N. Spaulding OTMH, LLC and Omri Tcherchi (collectively, “Defendants”) filed a demurrer and amotion 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 tru...

Excerpt: ...th & 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, 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...

Excerpt: ...Ellington and M&C Development LLC (“M&C”), alleging (1) statutory elder financial abuse, and (2) conversion. The complaint alleges that the defendants requested loans of $100,000 and $50,000 from Baneer and failed to repay them as promised. On September 14, 2021, M&C filed an answer and a cross-complaint against Brandon Paxton, alleging (1) equitable indemnity, (2) contribution, (3) declaratory relief, and (4) fraud. The cross-complaint alleg...

Excerpt: ...Defendant FCA US LLC arising from Plaintiffs' purchase of an allegedly defective vehicle from a non-party dealership. On April 20, 2021, Defendant filed an answer. Following removal to and remand from federal court, Defendant filed a motion to compel arbitration. On January 7, 2022, the Court granted Defendant's motion to compel arbitration and stayed the action pending completion of arbitration. On October 14, 2022, Plaintiffs filed a motion to ...

Excerpt: ...complaint (“SAC”) against Defendants Roseann Frazee and Frazee Law Group (collectively, “Defendants”), and Defendant Karen B. Miller, alleging legal malpractice during their representation of him in Jennifer Peiying Lin, et al. vs. Xing Wu, et al. (Riverside County, No. RIC1719974) (“Riverside Action”). (See SAC ¶¶ 12-19; Baris Decl. ¶ 3.) On July 26, 2022, Defendants served a subpoena for production of business records (“Documen...

Excerpt: ...C in this Song-Beverly case. Under the settlement, Defendant agreed to pay Plaintiff's reasonable attorney fees and costs. (Moroe Decl., Ex. 3.) On October 13, 2022, Plaintiff filed a memorandum of costs, and on October 21, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. REQUEST FOR JUDICIAL NOTICES Plaintiff's request for judicial notice is denied, as the total fee awards in other cases and other ...

Excerpt: ...d Alex M. Pineda (collectively, “Plaintiffs”) and against Defendant Kia Motors America, Inc. On September 30, 2022, Plaintiffs filed a verified memorandum of costs, seeking costs of $35,074.61. On October 14, 2022, Defendant filed a motion to tax costs. A prevailing plaintiff in a Song-Beverly action may recover all “costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commenc...

Excerpt: ... Dobbins, Big Breakfast, Artists First, and Touchstone Television Productions d/b/a ABC Studios for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) promissory estoppel; (4) breach of implied in fact contract; (5) breach of confidence; (6) intentional misrepresentation; (7) intentional interreference with contract; and (8) inducing breach of contract. (Complaint.) Defendants Tracee Ross, Kenya Barris,...

Excerpt: ...August 13, 2021, Plaintiff T.H. filed a first amended complaint (“FAC”) against Defendant County of Los Angeles arising from childhood sexual abuse. On June 29, 2022, the parties participated in an informal discovery conference. On July 13, 2022, Defendant filed a motion to compel further responses to special interrogatories. On July 14, 2022, Defendant filed a motion to compel third party Orange County Mental Health to comply with a records ...

Excerpt: ...st Defendants Walgreen Co. and American Protection Group, Inc. (“APG”), alleging (1) breach of duty to indemnify under Labor Code section 2802; (2) breach of duty to indemnify under Corporations Code section 317; and (3) declaratory relief/quantum meruit. On August 29, 2022, Walgreen Co. (“Defendant”) filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. M...

Excerpt: ...ons of Business and Professions Code section 17200 and Civil Code section 1750. On October 12, 2022, Defendant filed a motion to stay this action pending the resolution of Henry v. Nissin Foods (U.S.A.) Co., Inc. (No. 1:22-cv-363) (Henry), which is pending in the United States District Court, Eastern District of New York. Defendant's request for judicial notice is granted. A. Legal Standard When nearly identical actions are in courts of different...

Excerpt: ...48 8:30 a.m. November 8 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary judg...

Excerpt: ...tructured settlement payment rights. The petition seeks transfer of certain structured settlement payment rights held by Jonathan Laricci (“Payee”) arising from a personal injury claim. (Petition ¶¶ 2-3.) If approved, Payee will transfer to Petitioner one payment of $11,114.92 on September 5, 2024, and one payment of $19,114.92 on September 5, 2025. (Petition ¶ 4.) In exchange, Petitioner will pay Payee $17,146.99. (Petition at p. 4.) A di...

Excerpt: ...Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On August 19, 2022, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the fifth cause of action for fraudulent inducement – concealment. A. Specificity Defendant argues this cause of action is not pleaded with the required specificity. (Demurrer at p. 8.) Fraud based on concealment requires that “(1) the defendant must have concealed or...

Excerpt: ...ly, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendant Jamshid Niknam M.D. and others. On November 12, 2021, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), a motion to file documents under seal, and a demurrer. On July 25, 2022, the Court granted the anti-SLAPP motion, granted the motion to seal, and sustained the demurrer. On August 1, 2022, Defendan...

Excerpt: ...ust, and against Defendant Behnam Rafalian. On August 19, 2022, Plaintiff filed a memorandum of costs, reflecting $40,389.92 in costs. On September 6, 2022, Defendant filed a motion 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 reasonable or necessary.” (Adams v. Ford Motor Co. (2011)...

Excerpt: .... The Court entered default against Defendant on May 16, 2022. On July 11, 2022 and July 27, 2022, the Court denied Plaintiff's request for entry of default judgment without prejudice and explained the many deficiencies in Plaintiff's request. On August 10, 2022, the Court again denied Plaintiff's amended request for entry of default judgment without prejudice. The Court's order again detailed the many deficiencies in Plaintiff's request for defa...

Excerpt: ...and breach of implied-in-fact contract. On July 26, 2022, Plaintiff filed a motion for summary judgment, or in the alternative, adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the June 8, 2020 Order of Liquidation in Commissioner of the Department of Financial Regulation v. Global Hawk Insurance Co. Risk Retention Group (Vermont Superior Court, Washington Unit, Case No. 196-5-20 Wncv) is granted. FACTUAL BACKG...

Excerpt: ...ONS ADMITTED; GRANTING MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES; GRANTING PLAINTIFF'S MOTION TO COMPEL FURTHER PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. October 27, 2022 On April 25, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed this action against Defendant Carlos A. Lainez for Violation of the Immigration Consultant Act. On May 18, 2022, Plaintiff served its Request for Production of Documents, Set One; Request ...

Excerpt: ...ants Compton Unified School District and Marco Godinez (collectively, “Defendants”) and against Plaintiff I.C. The same day, the Court entered judgment in favor of Defendants and against Plaintiff. On May 27, 2022, Defendants filed a verified memorandum of costs and a motion for recovery of post-offer expert costs. On June 10, 2022, Plaintiff filed a motion to strike or tax costs. On June 17, 2022, Defendants filed a notice of errata re: cost...

Excerpt: ...RESPONSES TO SPECIAL INTERROGATORIES; GRANTING IN PART PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; GRANTING IN PART REQUESTS FOR SANCTIONS Dept. 48 8:30 a.m. October 25, 2022 On September 25, 2020, Plaintiff Central Metal, Inc. filed this action against Defendants Antonio Bernard Whitley aka Bernard Whitley; BW Transportation Solutions, Inc. dba BW Capital Solutions; Daniel E. Park; and Daniel E. Park Law Corporation. Defendants D...

Excerpt: ...led this action against Defendants FCA US, LLC (“FCA”) and Rydell Chrysler Dodge Jeep Ram. On May 2, 2022, Plaintiff propounded Request for Production, Set One, on FCA. (Neubauer Decl. ¶ 19 & Ex. 7.) FCA served responses on June 3, 2022. (Neubauer Decl. ¶ 21 & Ex. 8.) After meeting and conferring (Neubauer Decl. ¶¶ 28-34 & Exs. 9-11, 14-15), the parties scheduled an Informal Discovery Conference. On August 12, 2022, FCA failed to appear a...

Excerpt: ...led this action against Doe 1, arising from childhood sexual assault. On October 14, 2022, Plaintiff filed an ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a fictitious name. A. Seal Certificates of Merit A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file certificates of merit executed by the attorney for the plaintiff an...

Excerpt: ...lye Richards (collectively, “Plaintiffs”) filed this action against Defendant Brentwood Investment, LLC. The Complaint alleges (1) breach of contract; (2) breach of the implied warranty of habitability; (3) intentional infliction of emotional distress; (4) private nuisance; (5) negligence; (6) wrongful eviction; (7) violation of Civil Code section 1950.5(1); and (8) violation of Civil Code section 1942.4. On August 24, 2022, Defendant filed a...

Excerpt: ...d by Plaintiffs Anibal Jose Colindres Perez and Yermin Alexander Pineda (collectively, “Plaintiffs”) and Defendant Versa Products, Inc. On May 6, 2022, Plaintiffs entered into a settlement agreement with Defendant, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. (Okunor Decl. ¶ 2.) On September 27, 2022, Plaintiffs filed a motion to enforce their settlement with Versa Produ...

Excerpt: ... and Tetra Tech SWE. The complaint alleges (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent discrimination, harassment, or retaliation; (5) whistleblower retaliation under the Labor Code; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; and (8) ...

Excerpt: ...tiffs Audelia Velasquez and Lena Velasquez-Carreras (collectively, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendants Montebello Care Center, LLC dba Montebello Care Center (“Montebello Care Center”); Genesis Healthcare, LLC; Genesis Healthcare, Inc.; Genesis Administrative Services, LLC; Summit Care, LLC; NewGen, LLC; and NewGen Operations Management, LLC (collectively, “Defendants”) arising from Ms. Velasqu...

Excerpt: ... and High Times Holding Corp. (collectively, “Defendants”), alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory fraud, (4) open book account, and (5) account stated. On July 12, 2022, Plaintiff filed a motion for summary adjudication of the first, second, fourth, and fifth causes of action. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-16 are overruled. The evidence about a ...

Excerpt: ...ntiff Maricela Vargas and Defendant Ocwen Loan Servicing LLC. The jury made specific factual findings, including that Plaintiff did not suffer damages but Defendant's misconduct was intentional, reckless, or willful. The jury also awarded $40,000.00 in statutory damages. The Court ordered the parties to brief the issue of the form of Proposed Judgment to be entered based on the jury verdict and stayed the entry of judgment. On September 21, 2022,...

Excerpt: ...”) filed this action against Defendant Toyota Motor Sales, U.S.A., Inc., arising from Plaintiffs' purchase of an allegedly defective vehicle from a non-party dealership. On August 4, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. On August 30, 2022, the Court granted Defendant's ex parte application for an order staying proceedings pending Defendant's motion to compel arbitration, and...

Excerpt: ...ke Chavarrie and County of Los Angeles (“County”). On November 24, 2020, Mike Chavarrie was dismissed as a defendant. On June 14, 2021, the parties stipulated to the filing of a first amended complaint because two of the four plaintiffs had settled their claims, one defendant had been dismissed, and the remaining plaintiffs wished to add allegations regarding conduct that occurred after filing the action. On June 17, 2021, Ryan Greenup and Gi...

Excerpt: ...S, LLC and B&W Automotive, Inc. (collectively, “Defendants”) in this Song- Beverly case. Under the settlement, Defendants agreed to pay Plaintiffs' reasonable attorney fees and costs. (Wirtz Decl., Ex. Y, ¶ 3.) On September 6, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. EVIDENTIARY OBJECTIONS Defendants' Objection Nos. 1-2 are overruled. Plaintiff's counsel declared that he used these docu...

Excerpt: ...ation, retaliation, and failure to take all reasonable steps to prevent discrimination/retaliation. On July 28, 2022, Plaintiff filed a Pitchess motion under Evidence Code section 1043 et seq. and Penal Code section 832.5. At the original August 25, 2022 hearing on the motion, the Court continued the hearing and ordered supplemental briefing. Only Plaintiff filed a brief. A party may discover a law enforcement officer's personnel file through a P...

Excerpt: ...C”). AMC filed an answer on January 17, 2020, and a Case Management Statement on March 20, 2020. AMC's July 28, 2020 Notice of Filing of Case Management Statement stated, “No activity in the case has occurred since the originally filed Case Management Statement.” Plaintiff posted jury fees on August 11, 2020. At the August 12, 2020 Case Management Conference, the Court ordered Plaintiff to file a Case Management Statement and continued the ...

Excerpt: ...OMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. September 22, 2022 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”), and on July 13, 2021, Forest Lawn filed a cross-complaint. On July 12, 2022, the parties participated in an informal discovery conference. On August 23, 2022, Forest Lawn filed a motion to compel...

Excerpt: ...CROSS-COMPLAINT) Dept. 48 8:30 a.m. September 20, 2022 On December 17, 2021, Casa Mexico Enterprises, LLC field this action against Eric Gerardo Leyva-Buccio and Gina Ruccione, and on February 28, 2022, it filed a first amended complaint alleging breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, conversion, conspiracy to commit conversion, and unjust enrichment. Leyva-Buccio and Ruccione each filed cross-...

Excerpt: ... and Elizabeth Ringer filed this action against Doe 1 (a public entity) and Doe 2 (an individual), arising from childhood sexual assault. On September 14, 2022, Plaintiffs filed an ex parte application to approve the certificates of merit and permit service, permit amendment of the complaint to name the defendants, and seal the certificates of merit and certificate of corroborative facts. A. Seal Certificates of Merit and Certificate of Corrobora...

Excerpt: ...nalties 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 total of $490,000.00. Of that amount, up to $215,000.00 will be paid as attorney fees, up to $19,000.00 will be paid as costs, and $10,000.00 will be paid to Plaintiff. Some portion will also be paid to a settlement administrator. Of the remaining amount, 75-percent will be paid to ...

Excerpt: ...ed opposition, and second amended opposition. BACKGROUND FACTS Candler's counsel declares that Hillman filed Hillman v. Owner Manager, Case No. 21STCV19384, on May 20, 2021 (“First Action”), and the complaint alleged only, “Defendant refused to refund money back to plaintiff.” (Ness Decl. ¶ 2 & Ex. A.) Hillman failed to respond to discovery, did not serve certain filings, and did not meet and confer. (Ness Decl. ¶¶ 3- 7.) Before the co...