Excerpt: ...ndants RK All Insurance Services, Rian Kang, and others. On April 3, 2023, Defendants filed a demurrer to the eighth cause of action, the only brought against them. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Cente...

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

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

Excerpt: ...ights Defense Council LLC's first amended complaint (“FAC”). On February 27, 2023, Plaintiff filed a second amended complaint (“SAC”). On March 27, 2023, Defendants Carlos A. Lainez and Guadalupe Lainez filed a demurrer to the SAC. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context...

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

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

Excerpt: ...e of action for civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendant's violations of the Labor Code. On July 14, 2023, Defendant filed a motion to compel arbitration and stay the action. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the ...

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

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

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

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

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

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

Excerpt: ... purchase of an allegedly defective vehicle from a non-party dealership. On March 4, 2022, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On June 8, 2023, Plaintiff filed a motion for reconsideration. Within ten days of service of an order, a party may move for reconsideration based on new facts, circumstances, or law. (Code Civ. Proc., § 1008, subd. (a); see also Mink v. ...

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

Excerpt: ...s LLC dba PB Fasteners (“SPS”) and Hector Pelayo (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in the interactive process in violation of FEHA; (6) failure to prevent discrimination and retaliatio...

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

Excerpt: ...t may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds. (a)-(b).) Defendant moves to strike allegations related to punitive damages (Complaint ¶¶ 30, 41, 53, 59, 71, 79, 87, 108, an...

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

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

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

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

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

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

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

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

Excerpt: ...USTAINING DEMURRER OF GLORIA CORRALES; SUSTAINING DEMURRER OF PILOT TRAVEL CENTERS LLC Dept. 48 8:30 a.m. September 7, 2023 On August 22, 2022, Plaintiffs Theresa Chang dba Treasure Connection; Forty-Seventh & Fifth, Inc.; Paul King Por Wong and Leona Wai Fong Lam Wong dba Lams Jade Center, Inc.; Ming Chang dba Bonita Pearl, Inc.; Shahram Lavian and Sioun Lavian dba S&N Diamond; Sarkis Kegeyan dba Luvell, Inc.; Fariborz Frank Petri dba Petri Gems...

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

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

Excerpt: ...r 5, 2023 On March 25, 2021, Plaintiff Cameron Kaminski filed this action against Defendant Christina Hayek, alleging (1) intentional interference with prospective economic relations, (2) intentional interference with contractual relations, (3) unfair business practices, and (4) defamation per se. On May 28, 2021, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”). On July 7, 2021, Pl...

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

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

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

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

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

Excerpt: ...IN PART SHANE WEBER'S DEMURRER TO FACC; GRANTING MOTION TO CONTINUE TRIAL Dept. 48 8:30 a.m. Au gust 29, 2023 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”) and others. On October 21, 2022, Forest Lawn filed a first amended cross-complaint (“FACC”) against Weber and Shane Josef Weber alleging (1) breach of contract; (2) nuisance; (3) tres...

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

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

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

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

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

Excerpt: ...ts of the University Of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, Defendant filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts a...

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

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

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

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

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

Excerpt: ...ding LLC and Carol Baker Real Estate Inc. Respondents' request for judicial notice is denied as irrelevant. When seeking to compel arbitration, the movant must allege the existence of an agreement to arbitrate. (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.) The burden then shifts to the opponent to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers...

Excerpt: ...y Jung, Propent Real Estate Inc., B&B Investment Properties LLC (collectively, “Defendants”), and others dismissed with prejudice. On August 15, 2022, the Court of Appeal reversed the dismissal with directions to permit the filing of an amended complaint. Remittitur issued on October 20, 2022. On November 14, 2022, Plaintiffs Sok Hun Yun and Sung Yun Ahn filed a second amended complaint (“SAC”) alleging (1) fraudulent conveyance; (2) acco...

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