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...

Excerpt: ...nd O Holdings LLC ("Defendant") filed a demurrer to the second, sixth, and thirteenth causes of action with 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, couns read the allegations liberally and in context, accepting the alleged facts as tme_ (Nolte v. Cedars-Sinai Medical Center (2015) 236 1401: 1406.) 'Bec...

Excerpt: ...s action against Defendants Rodrigo Estrada, Rodrigo Estrada Jr_: Julie Leon (individually), Julie Leon (dba 24-7Res01utions); and Brenda Cano (dba 24- 7Res01utions)_ The Complaint alleges (1) violation of Civil Code section 1941.1 and Health and Safety Code section 17920.3; (2) breach of the warranty of habitability, (3) negligence; (4) nuisance; (5) landlord harassmentbreach of the covenant of quiet enjoyment; (6) invasion of privacy; (7) tresp...

Excerpt: ...d Kathy Mehringer_ On May 2: 2023: Compass Califomia Inc. and Or Brodsky filed a motion for determination of good faith settlement with Plaintiff No objections were filed. Any party to an action with two or more joint tortfeasors may petition the court for a determination of the issue of the good faith of a settlement (Code Civ. Proc_: 877.62 subd_ (a)(l)_) The court's approval of the settlement furthers two sometimes-competing policies. (1) the ...

Excerpt: ...dant Seizmic: Inc. On January 30, 2023 Defendant filed a demurrer to the fifth and sixth causes of action. Defendant also filed a motion to strike. On March 2, 2023 Plaintiff s counsel filed this motion to continue the case as a survival action through Michelle Philips: the successor in interest for Plaintiff who is now deceased. No oppositions were filed. MOTION TO CONTLNUE CASE AS SURVIVAL ACTION ' 'A cause of action that survives the death of ...

Excerpt: ...sts and Attomey Fees against Respondents FN'IB Development LLC ("FMB Ilan Kenig: Elim Management Inc. ("Elim"): and Joel Haggin_ On May 12: 2023: FN'fB and Kenig (collectively: "Respondents") filed an opposition. Elim and Haggin did not file any oppositions. On May 18: 2023: Petitioner filed a Notice of Errata that corrected the exhibit numbers to correspond with the Petition's and declarations' citations. The Court uses the exhibit numbers as la...

Excerpt: ... J. Serv-iss, Michael D. Collins: Beitchman & Zekian: P_C_, and David P. Beitchman_ The FAC alleges (1) conversion, (2) intentional interference with contractual relationship, (3) intentional interference with prospective economic advantage: and (4) aiding and abetting fraudulent transfers _ On October 17, 2022, Ford Sen-iss, LLP, CollinsIFord: LLP, William H. Ford 111, Claudia J _ Serviss, and Michael D. Collins (collectively, "Ford Defendants")...

Excerpt: ...t") Plaintiff sought a writ of mandate, damages for breach of contract and whistleblower retaliation, and injunctive relief. After a peremptory challenge to the first assigned judicial officer, the case was assigned to Department 86. On March 2, 2021 Plaintiff filed Jorge Mata v. Los Angeles Community College District, et al. , Case No. 21STCV08255, against Defendants Los Angeles Community College District, Francisco Rodriguez: and Ronald Delahou...

Excerpt: ...d representative claims and a claim for penalties under the Private Attomey General Act ("PAGA")_ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendant will pay a total of Of that amount, $38,500.00 will go to Plaintiff for his individual non-PAGA claims. Of the S 1,000 00 remaining for Plaintiffs individual PAGA claims: 75-percent ($750) will be paid to the Labor and Workforce Development Agency ("LWDA") a...

Excerpt: ...r to the eighth, ninth, tenth, eleventh: and twelfth causes of action, the only causes of action brought against him. Defendant' s request for judicial notice is granted 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, couns read the allegations liberally and in context, accepting the alleged facts as tme_ (Nolte v. Cedars-Sinai Medical Ce...

Excerpt: ...ix causes of action under the Fair Employment and Housing Act ("FEHA") and the Labor Code: (1) discrimination; (2) retaliation; (3) failure to make reasonable accommodations; (4) failure to engage in the interactive process; (5) failure to prevent and/or remedy discrimination; and (6) nonpayment of wages and waiting time penalties. On October 26, 2022, Defendant filed a demurrer to the second through sixth causes of When considering demulTers: co...

Excerpt: ...ttlement with Defendant Yoriko Saneyoshi, individually and as Trustee ofthe Yoriko Saneyoshi Living Trust dated April 7, 1986. On March 29, 2022, Plaintiff filed a motion to enforce settlement and appoint an elisor_ Plaintiff sought an order appointing an elisor to execute (1) the Grant Deed pursuant to that certain Cenificate of Compliance for Int Line Adjustment, Parcel Map Exemption No. AA- 2017-4029 and to Confirm Title, and (2) Grant Deed fo...

Excerpt: ...A")_ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendant will pay a Gross Settlement Amount of $135,000.00. Of that amount, up to S472250 will paid as attorney fees, up to $12,000.00 will be paid as costs, and up to S72500 00 will paid to Plaintiff Some portion will also paid to a settlement administrator. Of the remaining amount: estimated to be $61,645.25 (Bradley Decl. 17), 75- percent will paid to the...

Excerpt: ...elds, a minor by and through her Guardian Ad Litem, filed this action against Defendants Warner Center Summit LTD.; Dori T. Manusevitz; and GHP Management Corporation _ On September 7 , 2022, Plaintiff served a First Amended Notice for Manusevitz' s deposition. (Salahuddin Decl_, Ex. B.) On March 1, 2023, Manusevitz served an objection on the grounds that "the deposition date was unilaterally scheduled and Defendant and/or her counsel is unavaila...

Excerpt: ...Marine Management Inc., and Cindy Chow-Snavely. On May 23: 2022: the parties submitted a stipulation to dismiss Tokio Marine America Insurance Company and Tokio Marine Management Inc. On May 31: 2022: Plaintiff filed a first amended complaint ("FACE) against Defendants HCC Service Company Inc., Tokio Marine America Insurance Company, Tokio Marine Management: Inc., and Cindy Chow-Snavely. Despite the prior stipulation to dismiss them, Tokio Marine...

Excerpt: ...warranties arising from the lease of an allegedly defective 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 Defendant's PNIK with production of documents. If a ...

Excerpt: ...aratory 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 172CH3 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 June 30: 2022: the Court granted Saroyan's motion for judgment on the pleadings on the first and second cause...

Excerpt: ...e & Co. (collectively, "Defendants"), alleging (1) racial discrimination; (2) disability discrimination; (3) retaliation; (4) harassment; (5) failure to prevent discrimination, retaliation, and harassment; (6) negligence and negligent infliction of emotional distress; (7) negligent hiring: supervision, and retention; (S) intentional infliction of emotion distress; (9) wrongåul termination in violation of public policy; and (10) battery _ On Marc...

Excerpt: ...p L_P_), Scenic Industries LLC ("Scenic"), Bevin West LLC: and Does 1-100, alleging negligence and negligence per se. Plaintiff later named Video Tech Services Inc. ("VTS") as Doe 1 and Grandesign Advertising Firm Inc. ("Grandesign") as Doe 2. On November 22, 2019, Scenic filed a cross-complaint for (1) equitable indemnity; (2) contribution; and (3) declaratory relief Scenic later named VTS as Roe 1 _ On December 18, 2020, Scenic filed a first am...

Excerpt: ...intly and several ly On September 15, 2022, the Coun granted CNP Holdings LLC' s motion for an assignment order and ordered that JKr1 Zubaid and his spouse Andrea Pinto Zubald 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 March 3 2023 KH Capital LLC filed a motion for order to obtai...

Excerpt: ... 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. Casa Mexico later dismissed Gerardo Leywa-Buccio_ On October 19, 2022, the Court sustained in part a demurrer to Ruccione' s first amended cross-complaint ("FACC") u.ith leave to amend On November S, 2022, Ruccione filed a second amended cross-comp...

Excerpt: ... U.S. Foodservice, Inc. On December 2, 2022, the Court entered judgment on the verdict On December 19, 2022, Plaintiff filed a verified memorandum of costs, seeking 55,132.80 in costs. On January 2023, Defendant filed a motion to tax costs. On January 10, 2023 Plaintiff filed a motion for attorney fees, seeking $1,292,197.20 in attomey fees On February 9, 2023 the Court granted in part Defendant' s motion for judgment notwithstanding the verdict ...

Excerpt: ... Califomia Inc., Mrs. GoocW s Natural Food Markets Inc., and Keith Manbeck, arising from his employment u.ith Defendants. On January 9, 2023 the parties filed a stipulation for Plaintiff to dismiss Whole Foods Market Califomia Inc. and Keith Manbeck_ They did not file a proposed order for the Court's signature, nor did Plaintiff separately file Requests for Dismissal. Accordingly: on its own motion, the Coun now OR_DERS Whole Foods Market Califor...

Excerpt: ...efendant Schuster Real Estate Co., Ltd. On July 6: 2022: Defendant filed an answer. MOTION FOR LEAVE TO AMEND On March 15 2023 Plaintiff filed a motion for leave to amend the complaint. Defendant did not file an opposition. The Coun may: in its discretion and after notice to the adverse party: allow an amendment to any pleading. (Code Civ. Proc_, 473, subd_ (a)(l)_) A motion to amend a pleading must include a copy of the proposed amendment or ame...

Excerpt: ...tative claim for penalties under the Private Attomey General Act ("PAGAN) _ The parties have agreed on the terms ofa settlement. Under the proposed settlement: Defendants will pay no PAGA penalties in exchange for a dismissal of the PAGA claims with prejudice. A court must review and approve any penalties sought as part of a proposed settlement agreement pursuant to Labor Code section 2699. (Lab. Code S 2699, subd_ "[C]ivil penalties by aggrieved...

Excerpt: ...dants'), alleging (1) trespass to chattels; (2) breach of the implied covenant of quiet enjoyment; (3) negligence; and (4) constmctive eviction. On October 11, 2022, Defendants 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, couns read the allegations liberally and in context, accepting the ...

Excerpt: ...l action through Michelle Philips: the successor in interest for Plaintiff who is now deceased. No oppositions were filed. ' 'A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent' s successor in interest _ _ _ and an action may be commenced by the decedent's personal representatives or, if none, by the decedent' s successor in interest" (Code Civ. Proc_: 377 _30_) After the de...

Excerpt: ...na filed this action against Defendants Limai Education: Inc. and Limai Holdings, Inc., arising from their employment The Complaint alleges (1) breach of contract; (2) promissory estoppel; (3) breach of the covenant of good faith and fair dealing; (4) fraud and concealment; (5) wrongåul termination in violation of public policy; (6) race/national origin discrimination; (7) failure to prevent, investigate, and/or remedy unlawftl harassment; (8) f...

Excerpt: ..."Vista Ford") (collectively: 'Defendants'), arising from Plaintiffs purchase of an allegedly vehicle from a non- party dealer ship. On January 13, 2023 Defendants filed a motion to compel arbitration and stay the action pending completion of arbitration. At the April 6, 2023 hearing, the Court ordered supplemental briefing on the effect of Ford Motor Warranty Cases (Cal. ct App_, Apr. 4: 2023: No. B312261) 2023 WL 2768484 (Ochoa), and continued t...

Excerpt: ... Ram for breach of warranties arising from the purchase of an allegedly and subsequent negligent repair On February 28, 2022, Plaintiff 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 cornrrl åurther responses toRFPNos_ 8: 12: 17: 20: 21: 23: 27: 30: 31: 33: 70-76 FCA did not timely...

Excerpt: ...�TLV”) Construction Inc. and Suretec Insurance Company (“Suretec”). The complaint alleges that TLV failed to pay PRC after PRC performed emergency mitigation services pursuant to a contract. On May 25, 2022, Suretec filed a cross-complaint against Theodore Gregory Lee and TLV for indemnity, reimbursement, and contribution. On July 7, 2022, TLV filed a cross-complaint against Eun Hee Song, JNH Roofing Inc. (“JNH”), and Jay Hahm (collecti...

Excerpt: ... Defendant Razmer #3 LLC. On February 2, 2023, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of pictures/maps (Exhibit A), emails and letters (Exhibit B), and links to websites about Avi Ryzman's real estate experience (Armas Decl. ¶ 13) is denied. These are not proper subjects of judicial notice. Plaintiff's request for ...

Excerpt: ...les and Los Angeles County Department of Children and Family Services, alleging (1) violation of Child Abuse and Neglect Reporting Act (“CANRA”); (2) breach of mandatory duties; (3) breach of special duty arising under special relationship; (4) negligence; (5) negligent supervision; and (6) intentional infliction of emotional distress (“IIED”). On December 16, 2022, County of Los Angeles (“Defendant”) filed a demurrer and motion to st...

Excerpt: ... Nazarian. On January 23, 2020, the Court entered default against Defendant, and on August 2, 2021, the Court entered default judgment. On February 14, 2023, Defendant filed this motion to set aside the default and default judgment. Defendant included a copy of his proposed answer to the complaint. (Simons Decl., Ex. A.) LEGAL STANDARD The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excu...

Excerpt: ...a Perusset filed this action against Defendants Tutor Time Learning Centers LLC (“Tutor Time”) and Danika King. The Complaint alleges that Plaintiff was employed by Tutor Time, and King was Plaintiff's “employer, manager, corporate agent, and/or supervisor.” (Complaint ¶¶ 2, 5.) On March 16, 2023, Plaintiff filed a motion to compel King's deposition with production of documents, including a request for sanctions. On April 12, 2023, Plai...

Excerpt: ...n against Defendant Sunrise Foods LLC, 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 January 11, 2023, Defendant filed a motion to compel arbitration and dismiss the action. No oppositions were filed. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the defendant must allege the existence of an agreement to arbit...

Excerpt: ...Valentin, Scott Brady, James Cavanagh, Antonio Herrera, Justin Bright, Alejandra Montano, Luis Quintana, Saxon Butcher, Alexander Boucher, Aaron Alaniz, Carlos Romero, Marcos Montano, Justin Willis, Gabriel Venegas, Aaron Castillo, Steve Santos, Meghan Caldwell, Keyshia Littleton, Trenton Lee Earnhardt, and OM Jaggi (collectively, “Plaintiffs”) filed this action (then assigned to Department 55) against Defendant T-Mobile USA Inc. The Verified...

Excerpt: ...led this action against Defendants Tutor Time Learning Centers LLC (“Tutor Time”) and Danika King (collectively, “Defendants”). On October 12, 2022, Defendants filed a Request for Informal Discovery Conference regarding, in part, Plaintiff's need to supplement responses to Request for Production Nos. 1, 2, 3-18, 20-31, 35-38, 41-47, 49, 50, 53-55, 58, 60, 61. An IDC was scheduled for December 16, 2022, which was continued to January 13, 2...

Excerpt: ...r 15, 2018, Petitioners and Creditors Keith W. Furlong and David J. Parsons filed a petition to confirm a contractual arbitration award, which required Respondent and Judgment Debtor Karena P. Chuang (also known as Karena Pingju Xie) to pay Petitioners $924,664.28. On March 7, 2019, a judgment was entered in favor of Petitioners in said amount. After a writ of execution was written, on September 29, 2022, the Orange County Sheriff served the requ...

Excerpt: ...with contract; (2) intentional interference with prospective economic advantage; (3) negligent interference with prospective economic advantage; (4) conversion; (5) trespass to chattel; and (6) violations of Penal Code section 502. On December 20, 2022, the clerk entered default. On March 17, 2023, Defendant filed this instant motion to set aside default and quash service of summons. On March 30, 2023, Plaintiff filed an opposition. On April 6, 2...

Excerpt: ...2022, Plaintiff Dylan Anderson filed this action against Defendants The HWood Group, LLC, The Nice Guy, LLC, West Beverly Group, LLC, Change the Channel, LLC, Beverly Sherbourne, LLC, and Sunset Hotel F&B, LLC (collectively, “Defendants”). The Complaint asserts individual claims and seeks civil penalties under the Private Attorneys General Act (“PAGA”) due to Defendants' violations of the Labor Code. On November 21, 2022, Defendant filed ...

Excerpt: ...obalt Construction Company. The Court entered default against Defendant on June 7, 2022. On July 29, 2022, the Court denied without prejudice Plaintiff's request for entry of default judgment. On November 1, 2022, Plaintiff filed this request for entry of default judgment. The November 1, 2022 request is not substantially different from the July 27, 2022 request. Plaintiff seeks a judgment of $4,261,659.54, consisting of $4,233,122.23 in damages,...

Excerpt: ...nts Mohammad Ali Zareh DDS, Inc. (“Dental Office”) and Charles Chan-Eung Park. On February 9, 2023, the Court denied Plaintiff's motion for leave to amend the complaint, finding that the proposed amended complaint contained no facts constituting any causes of action, so it would be subject to a demurrer or the Court's striking of it under Code of Civil Procedure section 436, subdivision (b). However, the Court also sustained Defendant Dental ...

Excerpt: ...G PLAINTIFF TO PROCEED UNDER A FICTITIOUS NAME Dept. 48 8:30 a.m. April 11, 2023 On December 9, 2022, Plaintiff C.P. filed this action against Doe Defendants, arising from childhood sexual assault. On March 6, 2023, Plaintiff filed a motion to seal the certificates of merit and certificate of corroborative facts, approve the certificates of merit and permit service, permit amendment of the complaint to name the defendants, and permit Plaintiff to...

Excerpt: ...filed this action against Defendants UCNP II, LLC (“UCNP”), West Covina Motor Group LLC (“Trophy”), and Byron Moldo (erroneously sued as Byron Muldo). On February 22, 2023, Trophy filed a Cross-Complaint against UCNP and Moldo. On March 16, 2023, Trophy filed a petition to compel arbitration with Envision. On March 20, 2023, Envision filed a Notice of Partial Settlement with UCNP and Moldo. On March 30, 2023, the Court approved a settleme...

Excerpt: ...nst Defendant Southern Califomia Edison Company On October 3 , 2022, Plaintiff served Demands for Inspection on Defendant: and on October 26, 2022, Defendant served responses. (Schwartz Decl. "13-4.) After meeting and conferring: Defendant served supplemental responses to Demand Nos. 2 and 3 on December 19: 2022 (See Schwartz Decl. 11: 13.) The parties further met and conferred: but Defendant did not timely provide its portion of the Joint Stipul...

Excerpt: ...lated to allowing the Plaintiffs action to continue through Maria Salazar: his successor-in-interest On March 9, 2023, ValleyScapes, Inc. ("Defendant") filed a motion to disqualify Kaveh S _ Elihu as counsel of record for Plaintiff The Final Status Conference is scheduled for April 17: 2023: and a jury trial is scheduled for May 1: 2023 LEGAL STANDARD A trial court's authority to disquali$r an attomey derives from the power inherent in every cour...

Excerpt: ... Plant: Inc. On August 15: 2022: Moi served a notice of deposition and deposition subpoena on Plaintiffs counsel (then DLA Piper): who also represented and agreed to accept service for non- party Miles M. Cooley. (LeBoffDecL 9 & Ex_ 2.) Mr. Cooley is an attomey who represented Plaintiffs when relevant agreements were signed. The deposition was scheduled for September 22, 2022. Neither Plaintiffs nor Mr. Cooley objected to the deposition. (LeBoffD...

Excerpt: ...Ford dba Vista Ford Lincoln ("Vista Ford") (collectively: 'Defendants'), arising from Plaintiffs purchase of an allegedly vehicle from a non- party dealer ship. On January 13, 2023 Defendants filed a motion to compel arbitration and stay the action pending completion of arbitration. REOUEST FOR JUDICIAL NOTICE Plaintiffs request for judicial notice of a Ninth Circuit case and a Califomia Coun of Appeal case is granted. (Evid. Code, 451, subd_ (a)...

Excerpt: ...ant VXI Global Solutions, LLC: asserting a Single cause of action for civil penalties under the Private Attomeys General Act ("PAGAD due to Defendant's violations of the Labor Code. On November 30, 2022, Defendant filed a motion to compel arbitration and dismiss the action. No oppositions were filed DISCUSSION When seeking to compel arbitration of a plaintiffs claims: the defendant must allege the existence of an agreement to arbitrate. (Condee v...