Excerpt: ...f Limited Scope Representation to represent Behnam Rafalian at the August 24, 2023 hearing on Judgment Creditor's Motion to Amend Judgment to Add Buy Rite Electric, LLC as an Additional Judgment Debtor. On August 29, 2023, Judgment Creditor Michael L. Magasinn filed an Application and Order for Appearance and Examination for Brian L. Davidoff or the PMK at Greenberg Glusker. On September 27, 2023, Greenberg Glusker filed a motion for protective o...

Excerpt: ...s under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay $38,500.00 for Plaintiff's individual, non-PAGA claims. Defendant will also pay $1,000.00 in PAGA penalties, with 75-percent paid to the Labor and Workforce Development Agency (“LWDA”) and 25-percent paid to Plaintiff. A court must review and approve any penalties sought as part of a pr...

Excerpt: .... Geiger filed this action against Defendants National Veterinary Associates Inc., Ethos Veterinary Health LLC, Ethos-California Veterinary Group Inc., Leilani Way, Madisyn Bonestell-Jensen, and Michelle Connearney. On July 14, 2023, National Veterinary Associates Inc., Ethos Veterinary Health LLC, and Ethos-California Veterinary Group Inc. filed a demurrer and motion to strike. On July 20, 2023, Madisyn Bonestell-Jensen filed a notice of joinder...

Excerpt: ...23, Plaintiff Rogelio Bautista Cruz filed this action against Defendants ALAL, LLC dba Kei-Ai Los Angeles Healthcare Center (erroneously sued as Alal LLC), Aspen Skilled Healthcare Inc., and Aspen Healthcare Services, LLC. MOTION TO COMPEL COMPLIANCE WITH DEPOSITION SUBPOENA On August 11, 2023, Plaintiff served a deposition subpoena on Cedars Sinai Medical Center – Billing for personal appearance and production on September 13, 2023. (Crownover...

Excerpt: ...ed Form Interrogatories, Set One and Request for Production, Set One on Defendant. Defendant never served responses, so Plaintiff filed two motions to compel on December 5, 2022. At the May 8, 2023 hearing, Defendant did not appear, but Plaintiff's counsel represented that some late discovery responses were received. The Court ordered Defendant to provide complete responses, without objections, to Form Interrogatories 4.1(e) and 12.1 within 20 da...

Excerpt: ...Clarence Harrell filed this action against Defendant City of Pasadena. The parties have been heavily litigating their discovery disputes. DEFENDANT'S MOTION FOR PROTECTIVE ORDER On August 2, 2023, Plaintiff filed an ex parte application to continue the September 5, 2023 trial date and all related dates, including discovery. On August 3, 2023, the Court granted in part Plaintiff's ex parte application. The Court advanced and continued to September...

Excerpt: ... (1) breach of contract; (2) breach of contract; (3) breach of covenant of good faith and fair dealing; (4) breach of covenant of good faith and fair dealing; (5) breach of fiduciary duty; (6) unfair business practices (erroneously titled Fifth Cause of Action); and (7) declaratory relief (erroneously titled Sixth Cause of Action). On January 4, 2023, Plaintiff recorded a Notice of Lis Pendens for the property commonly known as 126-128-130-132 Or...

Excerpt: ..., 2023, Defendant filed a motion for protective order for Plaintiff's deposition of Defendant's PMK with request for production of documents. Upon a showing of good cause, the Court may issue a protective order to protect a party or deponent from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. (Code Civ. Proc., § 2025.420, subd. (b).) The protective order may include directions that the deposition not be taken, be ...

Excerpt: ...ald Conzonire. On August 11, 2023, Defendant filed a demurrer and a 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 as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A. Plaintiff Sufficiently Allege...

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: ...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: ...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: ...- 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: ...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: ... 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: ...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...