Excerpt: ...tion Department) alleging (1) failure to provide accommodation in violation of the Fair Employment and Housing Act (“FEHA”); (2) failure to engage in the interactive process in violation of FEHA; (3) disability and age discrimination in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, retaliation, and harassment in violation of FEHA. On June 9, 2022, Defendant filed a motion for summary judgm...

Excerpt: ...d Inc., and Jason Shadpour as Trustee of the JK Land Trust (erroneously sued as JK Land Trust). The complaint alleged breach of lease, fraud, unjust enrichment, and rescission/restitution. On January 28, 2022, the parties filed a stipulation for Plaintiff to file a first amended complaint (“FAC”) adding a new cause of action for breach of fiduciary duty. Following Defendants' demurrer to the FAC, Plaintiff filed a second amended complaint (�...

Excerpt: ...Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a Gross Settlement Amount of $300,000.00. Of that amount, up to $105,000.00 (35%) will be paid as attorney fees, up to $20,000.00 will be paid as costs, and up to $20,00.00 will be paid to a settlement administrator. (Moon Decl., Ex. 1 at p. 5, ¶ 3.2.) Of the remaining amount, 75-percent will be paid to the Labor and Workforc...

Excerpt: ... seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certificates o...

Excerpt: ... a Request for Inspection and Production of Documents and Other Things, Set Six, Requests Nos. 186-199. (Anglin Decl. ¶ 4.) Defendant responded on August 31, 2022, but Plaintiff believed the responses were deficient. (Anglin Decl. ¶ 5; see Anglin Decl. ¶ 6.) On October 3, 2022, Plaintiff filed a Notice of Hearing Date on Motion to Compel Further Responses. On July 7, 2023, Plaintiff filed a joint statement and a memorandum of points and author...

Excerpt: ... 8:30 AM Au gust 1, 2023 On January 12, 2023, Plaintiffs Victor Coronado and Philip Dimaggio (collectively, “Plaintiffs”) filed this action against Defendant General Motors, LLC (“Defendant”) and Does 1 through 20, inclusive, asserting two causes of action under the Song-Beverly Consumer Warranty Act: (1) breach of implied warranty of merchantability and (2) breach of express warranty. The Complaint alleges that on September 4, 2017, the ...

Excerpt: ...e custody and care of Defendants. On July 27, 2023, Plaintiff filed an ex parte application to seal the certificates of merit and certificate of corroborative facts, permit service on Doe Defendants, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in ...

Excerpt: ...ORDER GRANTING IN PART MOI'S MOTION TO COMPEL LAWRENCE'S FURTHER RESPONSES TO RFPs, SET THREE; ORDER GRANTING IN PART MOTION TO COMPEL DEPOSITION Dept. 48 8:30 a.m. Jul y 27 2023 On July 22, 2021, Philip Lawrence and Philmar Studios Inc. filed this action against Patrizio Moi, Moi Productions Inc., and The Record Plant, alleging (1) intentional misrepresentation; (2) false promise; (3) fraudulent inducement; (4) violation of the Unfair Competitio...

Excerpt: ...ions of Plaintiffs Boris Gorbis and Eda Gorbis. “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.) If a party fails to appear for examination or produce documents, the demanding party may move to compel attendance, testimony, and production. (Code Ci...

Excerpt: ...Plaintiff filed a motion for attorney fees and a memorandum of costs. 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 inquiry “begins with the ‘lodestar,' i.e., the number of hours reasonably expended ...

Excerpt: ... Rosa Barry as personal representative of the Estate of Francisco Edgardo Paredes. The Complaint alleges (1) breach of contract, (2) account stated, and (3) promissory estoppel arising from Paredes's failure to pay all amounts due for legal services. On March 17, 2023, Defendant filed a demurrer. Defendant's request for judicial notice of the proof of service is granted. A demurrer for sufficiency tests whether the complaint states a cause of act...

Excerpt: ...hobanian, M.D. On November 21, 2022, Defendant filed a demurrer and motion to strike. On May 3, 2023, Plaintiff filed a Notice of Errata re: FAC. 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) 2...

Excerpt: ...Cordova filed this action against Defendants Long Spring Freight LLC, A&D Hauling Services, Grace Hsiao Hui, and Vincent Hui. The Complaint alleges (1) retaliation in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) whistleblower retaliation; (4) violation of Labor Code section 6310; (5) negligence; (6) constructive discharge in violation of public policy; (7) violation of Labor Code sections...

Excerpt: ...ISMISS; CONTINUING HEARINGS ON DEMURRER AND MOTION TO STRIKE; CONTINUING CASE MANAGEMENT CONFERENCE Dept. 48 8:30 a.m. Jul y 20, 2023 On March 30, 2023, Plaintiffs Michael J. 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...

Excerpt: ...fie & Khoshbin Dental Corp. and Torrance Dental Center, alleging (1) discrimination based on sex/pregnancy; (2) retaliation; (3) failure to prevent discrimination; and (4) wrongful termination based on public policy. On May 5, 2023, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication. PROCEDURAL DEFICIENCIES “Separate statements are required not to satisfy a sadistic urge to torment lawyers, but rather to...

Excerpt: ... ADMISSIONS ADMITTED Dept. 48 8:30 a.m. July 20, 2023 On September 27, 2021, Plaintiff Brandy Lynn Sparks filed this action against Defendant General Motors, LLC On April 27, 2023, Plaintiff filed (1) a motion to compel production of documents for Request for Production, Set One (CRS #: 038926198601); (2) a motion to compel written responses to Interrogatories (Special and Form), Set One (CRS #: 676766873693); and (3) a motion to deem Requests fo...

Excerpt: ...ey General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $195,000.00. Of that amount, up to $65,000.00 will be paid as attorney fees, $6,321.01 will be paid as costs, up to $6,689 will be paid to a settlement administrator, and $15,000.00 will be paid to Plaintiff. Of the remaining amount, 75-percent ($76,492.49) will be paid to the Labor and Workforce Developm...

Excerpt: ...lleging breach of fiduciary duty and breach of contract. On February 28, 2022, Casa Mexico Enterprises LLC filed a first amended complaint. On April 19, 2022, Ruccione filed a cross-complaint against Casa Mexico Enterprises LLC, Michael A. Gooch, Robert Crossan, DV Capital Partners LLC (collectively, “Cross- Defendants”), and others. Ruccione's cross-complaint alleged, in part, hostile work environment, sexual harassment, sexual battery, gend...

Excerpt: ... (1) sexual harassment in violation of the Fair Employment and Housing Act (“FEHA”); (2) retaliation in violation of FEHA; and (3) harassment and hostile work environment in violation of FEHA. On February 2, 2023, County of Los Angeles (“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 consideri...

Excerpt: ...tures, Inc., and Vincent Zadeh (erroneously sued as Vincent Mehdizadeh). The Court later entered default against Pineapple Park, LLC. On March 28, 2023, the Court granted Plaintiff's motions to compel Pineapple Ventures's and Zadeh's responses to Plaintiff's (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; and (3) Requests for Production of Documents, Set One. The Court ordered responses within 21 days. The Court also orde...

Excerpt: ...TO FACC Dept. 48 8:30 a.m. Jul y 13, 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) trespass; (4) fraudulent concealment; (5) implied equitable indemnity; (...

Excerpt: ...documents, or portions thereof, filed in connection with (1) Defendant's opposition to Plaintiffs' motion for preliminary injunction; (2) Plaintiffs' complaint; and (3) Plaintiffs' motion for preliminary injunction. On April 13, 2023, the Court granted Plaintiffs' ex parte application to seal certain documents, or portions thereof, filed in connection with (1) Plaintiffs' complaint; and (2) Plaintiffs' motion for preliminary injunction. On April ...

Excerpt: ... and Scott Robinson Chrysler Dodge Jeep Ram for breach of warranties arising from the purchase of an allegedly defective vehicle and subsequent negligent repair. On February 28, 2022, Plaintiff served Requests for Production of Documents, Set One on FCA. On March 30, 2022, FCA served responses but did not produce documents other than the subject vehicle records. On November 18, 2022, Plaintiff filed a motion to compel further responses to RFP Nos...

Excerpt: ... unknown). The Complaint alleges (1) sexual battery; (2) gender violence; (3) civil rights violation; (4) sexual harassment; (5) unlawful retaliation; (6) unlawful discrimination; (7) wrongful termination in violation of public policy; (8) wrongful termination; (9) failure to prevent harassment, discrimination, and retaliation; (10) unlawful retaliation; (11) intentional infliction of emotional distress; (12) negligent supervision and retention; ...

Excerpt: ...ase of an allegedly defective vehicle from a non-party dealership. On March 21, 2023, the Court granted Defendant's motion to compel arbitration and stayed this action pending the completion of arbitration. On May 11, 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. Super...

Excerpt: ...wport Landing) for violation of the Jones Act. On May 15, 2023, Defendant filed a motion to transfer venue. Under Code of Civil Procedure section 395, subdivision (a), the general venue rule is that “‘the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.' [Citation.]” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 837 (Fontaine...

Excerpt: ...kerage Company et al. (Case No. 22CV02809) against Coldwell Banker Residential Brokerage Company aka Coldwell Banker Realty, Realogy Brokerage Group LLC, and Jamie Duran in Santa Barbara County Superior Court. The Complaint alleges age and gender discrimination, hostile work environment harassment, failure to prevent and/or correct discrimination, wrongful constructive termination in violation of public policy, and intentional infliction of emoti...

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. Before the original March 9, 2023 hear...

Excerpt: ... General Motors LLC for breach of warranties arising from the lease of an allegedly defective vehicle. On February 24, 2022, Plaintiffs noticed the deposition of Defendant's person most knowledgeable (“PMK”). On March 3, 2022, Defendant served objections. After meeting and conferring, the parties participated in an informal discovery conference on August 12, 2022. On April 17, 2023, Plaintiffs filed a motion to compel the deposition of Defend...

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. Before the original March 9, 2023 hear...

Excerpt: ... filed this action against Diana Lands aka Diana Lands Nathanson (“Lands”) and Diana Lands Nathanson Design Inc. (“Design”), alleging (1) conversion/theft/embezzlement; (2) trespass to personal property; (3) breach of fiduciary duty; (4) fraudulent misrepresentation; (5) negligence; and (6) negligent misrepresentation. On September 26, 2022, Lands filed Case No. 22STCV31501 against Gervasi, alleging claims arising from sexual assaults. On...

Excerpt: ...Adolfo Figueroa, Individually and as Administrator Of The Estate of Adiel Figueroa, Deceased. The Complaint alleges (1) breach of contract; (2) specific performance; (3) breach of good faith and fair dealing; (4) declaratory relief; and (5) injunctive relief. On December 20, 2022, 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 consi...

Excerpt: ...dging of documents under seal. The Court may order that a record be filed under seal only if it finds that (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced absent sealing, (4) the proposed sealing is narrowly tailored, and (5) no less restrictive means exists to a...

Excerpt: ...V16977 and 22STCV31501. “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court ef...

Excerpt: ...la. On May 16, 2023, Plaintiff filed a motion for judgment pursuant to the settlement. Courts may enter judgments pursuant to written settlements signed by the parties. (Elyaoudayan v. Hoffman (2003) 104 Cal.App.4th 1421, 1428; Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agreement. (Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 C...

Excerpt: ...mount of $805,000.00, jointly and severally. On September 15, 2022, the Court granted CNP Holdings LLC's motion for an assignment order and ordered that Joel Zubaid and his spouse Andrea Pinto Zubaid assign the right to rental income from certain properties to CNP Holdings LLC. On February 9, 2023, an acknowledgment of assignment was filed for CNP Holdings LLC's assignment of the judgment to KH Capital LLC. On May 12, 2023, KH Capital LLC filed a...

Excerpt: ...ion to seal the certificates of merit and certificate of corroborative facts, permit service, permit amendment of the complaint to name the defendant, and permit Plaintiff to proceed under a fictitious name. A. The Court Will Seal the Certificates of Merit and Certificate of Corroborative Facts. A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file a certificate of corroborative fact and certific...

Excerpt: ...against Defendants Angela Diaz, Angela Yolanda Diaz, Dolores Fay Myrie (individually and trustee), and all persons unknown with an interest in the property. On March 29, 2023, Angela Diaz and Angela Yolanda Diaz (collectively, “Defendants”) filed a motion for summary judgment, or in the alternative summary adjudication. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we ref...

Excerpt: ...er and Ida Marie Brun Folmann filed a first amended complaint (“FAC”) against Defendants An Feng aka Andrew Feng, Capriwell Construction Inc., Capriwell Development and Construction, Michelle Jones, and Graff Real Estate dba Ashby & Graff Real Estate. On January 9, 2023, An Feng, Capriwell Construction Inc., and Capriwell Development and Construction filed a demurrer to the third and fourth causes of action and a motion to strike. On January ...

Excerpt: ... Western Law Connection Corp., 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) accounting; (3) intentional infliction of emotional distress (“IIED�...

Excerpt: ... named as Brandywine Pharamceuticals LLC) entered into a settlement agreement with Maxum Indemnity Company, BioZone Laboratories dba BioZone, Inc., Creative Concepts Holdings LLC, CCH Acquisition Group LLC, Evan Warshawsky, Jeffrey Kranzdorf, and Brent Godfrey, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. On May 9, 2023, Plaintiff filed a motion to enforce the settlement. Cou...

Excerpt: ...ions of building standards. The complaint alleges that Y&Y was the developer responsible for the construction and sale of the property, and I Park was a builder. On April 12, 2022, I Park filed a cross-complaint against Y&Y, alleging (1) implied contractual indemnity; (2) equitable indemnity; (3) express indemnity; (4) breach of express and implied warranties; (5) breach of written contract; (6) breach of oral contract; (7) breach of implied cont...

Excerpt: ...is action against Defendants Wilshire Manning Homeowners Association, Sofia Dacarett-Char, and Bahar Davidoff. On April 21, 2023, Bahar Davidoff filed an application for determination of good faith settlement with Plaintiffs. No objections were filed. On May 5, 2023, Wilshire Manning filed a motion for determination of good faith settlement with Plaintiffs. No objections were filed. Any party to an action with two or more joint tortfeasors may pe...

Excerpt: ...rning Centers LLC and Danika King. On May 5, 2023, Defendants filed a motion to compel the medical examination of Plaintiff. A party must obtain leave of court when seeking to obtain discovery by a physical examination by a mental examination. (Code of Civ. Proc., § 2032.310, subd. (a).) A motion for an examination shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and specialty, if a...

Excerpt: ...ant Southern California Edison Company. Plaintiff noticed the deposition of Defendant's Person Most Knowledgeable (“PMK”). Defendant served a response with objections, and the parties met and conferred. On February 9, 2023, Defendant served a supplemental response to the PMK Notice. On March 21, 2023, Plaintiff moved to compel further responses to the PMK Notice and to compel the deposition of Defendant's PMK. If a party or an officer, direct...

Excerpt: ...efendants Anand Gopalsami MD MBA, Hrak Derderian MD, and Sassan Davoudi MD, following the death of Bilquis Begum. Sean Karim and Muntarin Karim dismissed their claims. Defendants Hrak Derderian and Sassan Davoudi were later dismissed. On March 20, 2023, Defendant Anand Gopalsami filed a motion for summary judgment. Plaintiff Enamul Karim did not file an opposition. FACTUAL BACKGROUND Bilquis Begum presented to the CSMC emergency department on the...

Excerpt: ...rrer to the first cause of action for quiet title, the only cause of action brought against him. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) “Because a demurrer challeng...

Excerpt: ...edly defective vehicle from a non-party dealership _ On November 29, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. Plaintiff did not file an opposition. DISCUSSION When seeking to compel arbitration of a plaintiffs claims: the defendant must allege the existence of an agreement to arbitrate. (Condee v. L.ongwood Management Corp. (2001) 88 215, 219.) The burden then shifts to the plaint...

Excerpt: ... (collectively, 'Defendants'), alleging (1) discrimination in violation of the Fair Employment and Housing Act ("FEHR); (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 retaliation in violation of FEHA; (7) declaratory judgment, and (8) wro...

Excerpt: ...023 On June 23, 2021, Heather Scott filed a first amended complaint against Polly's Inc. and Polly's Pies Inc. in Case No. 21STCV09769_ On June 22: 2021: Sergio Palicio filed a first arnended complaint against Polly' s Inc., Polly's Pies Inc., Polly's Gourmet Coffee Inc., and Kentucky Fried Chicken of Polly' s Inc. (collectively, 'Defendants") in Case No. 21STCV11093 _ Both actions included a representative claim for penalties under the Private A...