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: ...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: ...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: ...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: ...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: ...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: ...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: ...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., ...