Excerpt: ...aka Sacha Gervasl, alleging (1) sexual battery, (2) battery; (3) assault; (4) intentional infliction of emotional distress ("IIED"); (5) false imprisonment; (6) gender violence; and (7) harassment/hostile work environment On March 1 2023 Defendant filed a motion for sanctions against Plaintiff and counsel under Code of Civil Procedure section 128.7. Defendant seeks terminating sanctions and attorney fees of $66,255.00. EVIDENTIARY OBJECTIONS A. P...

Excerpt: ...aun Memorial-Park Michael Manzanares: Clint Granath_ and Wong. On January 20, 2023 Michael Manzanares, Clint Granath, and Roben Wong (collectively, 'Defendants') filed a combined demurrer and motion to strike. 'Motions to strike and demurrers should be filed as separate dæuments_" (Weil & Brown: Cal. Prac_ Guide- Civil Pr'Redure Before Trial (The Rutter Group June 2022 Update) 7 :162.1 Defendants' request for judicial notice of the Declaration o...

Excerpt: .... Inc. ("Xs Match") and Strada Developments L.P _ ("Strada") On July 20, 2020, Strada filed a cross-complaint against Young Chul Kim: Paradigm: and A's Match, and on June 27, 2022, it filed a first amended cross-complaint. On October 13 2021 A's Match and Kim filed a cross-complaint against Paradigm and William Jun. On December 7, 2022, Paradigm filed a motion to compel Kim's deposition individually and as the person most knowledgeable ("PNIK") f...

Excerpt: ...tiff filed a motion for trial preference. Plaintiff for trial preference on the grounds that she is over the age of 70 and her health is such that a preference is necessary to prevent prejudicing Plaintiffs interest in the litigation. Trial is currently set for July 2023 A party who is over 70 years old may the court for a preference, which the coun shall grant if the court makes both of the following findings: (1) the party has a substantial int...

Excerpt: ...ex rel USAA Casualty Insurance Company, Garrison Property and Casualty Insurance Company, and USAA General Indemnity Company (collectively, ' 'Plaintiffs") filed this qui tam action against Defendants Pedram Sharokhi aka Peter Shah: JR Law Group LLC aka J&R Law Group, Everything Legal LLC, and Socal Legal Alliance LLC (collectively: "Defendants")_ The complaint alleges that Sharokhi has never been authorized to practice law, but he operated the e...

Excerpt: ...uary 25 2022, Star served an amended notice of deposition on Plaintiff, and on March 21: 2022: Plaintiff served objections stating that his counsel would be in trial in another case and was unavailable on the deposition date (Stipulation: Ex. A ["Vidal Decl_"] 5-7 & Exs_ 2: 9; 10.) On May 12: 2022: the parties participated in an Informal Discovery Conference, where Plaintiff agreed to appear for a deposition in July 2022. The same day: Star serve...

Excerpt: ...ancery rendered a final judgment in favor of Nissan North America: Inc. ("Nissan") and against Universal City Nissan: Inc ("UCN%), West Covina Nissan: Inc. ("WCN"): Glendale Nissan/lnfiniti, Inc. C'GNI") (collectively, 'Dealership Entities), Leonard Schrage, Michael Schrage, and the Estate of Joseph Schrage (collectively, "Individual Defendants'). The judgment included 90 against WCN, against IJCN: and against GNI_ It also included against Leonar...

Excerpt: ...d through his Guardian Ad Litem: Lindsey Mueller) filed a first amended complaint ('TAC") against Defendants Preferred Express Towing and Recovery Inc.: Mohammad Alqaza, NantMed1a Holdings LLC (erroneously used as Nant Capital LLC dba Ins Angeles Times), Atlas Capital Group LLC, Alameda & 8th Owner LLC: and Rudin Management Company Inc. On January 11, 2023, Plaintiff served Special Interrogatories: Set No. 1 on Atlas Capital Group LLC ("Defendant...

Excerpt: ...) battery; (3) assault; (4) intentional infliction of emotional distress ("IIED"); (5) false imprisonment; (6) gender violence; and (7) harassment/hostile work environment On December 1 2022, Defendant filed a demurrer to the foulth and fifth causes of action 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,...

Excerpt: ...r. On March 22: 2023: Plaintiff filed a late opposition. Defendants' objection to the late opposition is overruled, as the opposition did not change the Court's ruling. 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 Cen...

Excerpt: ...nst Defendant Chris Doman Enterprises Inc. dba Doman Pools, alleging (1) breach of contract; (2) express indemnity; (3) implied indemnity; (4) equitable indemnity, (5) comparative negligence; (6) implied warranties; (7) express warranties; and (8) negligence. On October 18, 2022, Defendant and Cross-Complainant Chris Doman Enterprises Inc. dba Doman Pools ('Doman") filed a second amended cross-complaint ("SACC') against Cross- Defendants McClean ...

Excerpt: ...ement 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 for P...

Excerpt: ...d through his Guardian Ad Litem: Lindsey Mueller) filed a first amended complaint ('TAC") against Defendants Preferred Express Towing and Recovery Inc.: Mohammad Alqaza, NantMed1a Holdings LLC (erroneously used as Nant Capital LLC dba Ins Angeles Times), Atlas Capital Group LLC, Alameda & 8th Owner LLC: and Rudin Management Company Inc. On January 11, 2023, Plaintiff served Special Interrogatories: Set No. 1 on NantMedia Holdings LLC ('Defendant'...

Excerpt: ...rcos Reyes Vasquez, Azucena Ramirez Salinas, Jose Manuel Hemandez, Elizabeth Agustin, Erick G. Chazari, Geovanni Chazari, Erick F _ Chazari, Emily Chazari, Carmela Cruz Martinez, Jose Tamayo, Elvis Frias: Diana Maninez, Fernando Martinez, and Veronica Maninez (collectively ' 'Plaintiffs") filed this action against Defendants Mariposa 20 LLC, K3 Manager LLC, K3 Holdings LLC: Nathan Kadisha: Michael Kadisha: Luzelba Lozano Mansour, Zaki S. Mansour:...

Excerpt: ...Restoration Unlimited Group: Inc., State National Insurance Company, Inc. ("State National"), RK All Insurance Sen-ices and Rian Kang_ On December 1 2022, the Court sustained in part State National -s demulTer and granted its motion to strike the eighth cause of action for negligent misrepresentation. On February 21 2023 Plaintiff filed a motion for leave to file a fourth amended complaint ("4AC") The Coun may: in its discretion and after notice ...

Excerpt: ...514 North Highland Trust; and Esther Fedida (collectively, "Plaintiffs) filed a foulth amended complaint ("4AC") against Defendant Massachusetts Bay Insurance Company and others. On March 9, 2022, the Coun granted Defendant' s motion for summary judgment, and on September 21 2022, the Court entered judgment in favor of Defendant and against Plaintiffs. On November 17 , 2022, Defendant filed a motion for attorney fees in the amount of S413:556 51....

Excerpt: ...AHK, LLC and General Motors LLC for breach of warranties arising from the purchase of an allegedly defective vehlcle_ On December 7 2022, Plaintiffs noticed the deposition of the person most knowledgeable ("PMK') for General Motors LLC ("Defendant) for December 28, 2022 (Thomas Decl. 4.) On December 21, 2022, Defendant stated that it "will not produce a witness at the date and time noticed but lvill produce a witness at a mutually convenient time...

Excerpt: ...hase of an allegedly defective vehicle from a non-party dealership. On February 1 , 2023 Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. EVIDENTIARY OBJECTIONS Plaintiffs objection to Defendant's Exhibit 4 is overmled_ Plaintiff repeatedly refers to the language of this document and thereby acts upon it as though it is authentic. (Evid. Code, 1414.) REOUEST FOR JUDICIAL NOTICE Defendant asks t...

Excerpt: ...aintiffs' lease of an allegedly defective vehicle uith a non-party dealership. On November 16, 2022, BMW of North America: LLC ("BMW"') filed a motion to compel arbitration and stay the action pending completion of arbitration. EVIDENTIARY OBJECTIONS Plaintiffs' objection to BMW' s Exhibit A is overmled_ Plaintiffs repeatedly refer to the language of this document and thereby act upon it as though it is authentic. (Evid. Code, 1414.) DISCUSSION W...

Excerpt: ...ants UCNP II: LLC ("UCNP¯), West Covina Motor Group LLC ("Trophy"), and Byron Moldo (erroneously sued as Byron Muldo)_ The action arises from a dispute over possession of real property located at 205 North Citms Street, West Covina, Califomia, 91791 ("Property'). Envision alleges that it paid Trophy for all or substantially all of Trophy's assets, as well as an assignment of Trophy' s interests in a commercial lease with UCNP_ (Complaint 1.) UCN...

Excerpt: ...iam Charles Reese and others: as well as all persons unknown claiming any legal or equitable right: title: estate: lien or interest in the real property commonly knoun as 11902 & 11904 Elva Avenue, Ins Angeles: Califomia 90059 with Assessor' s Parcel ID Number 6148-013-018 ("Property") Plaintiff later dismissed all defendants other than William Charles Reese. The Court entered default against William Charles Reese on November 12, 2021 _ On Novemb...

Excerpt: ... Defendants Rebeka Shadpour aka Rebeka Shad, Wealth Road Inc., and Wealth Road Realty the JK Land Tmst_ According to the FAC's allegations, it is brought against Defendants Rebeka Shadpour aka Rebeka Shad, Wealth Road Inc., and The JK Land Trust On November 18, 2022, Rebeka Shadpour aka Rebeka Shad: Wealth Road Inc., and The JK Land Trust (collectively, "Defendants") filed a demurrer and motion to strike DEMURRER A demurrer for sufficiency tests ...

Excerpt: ...ter stipulated to allowing Plaintiffs action to continue through Maria Salazar: his successor-in-interest The complaint alleges (1) discrimination in violation of the Fair Employment and Housing Act ("FEHA"); (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in a good faith interactive proces...

Excerpt: ...on against Defendants The Regents of the University of California, Elizabeth Maister, and Lisa Bishop-Smith alleging (1) retaliation in violation of the Labor Code; (2) discrimination (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (3) harassment in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, harassment, or retaliation. On December 8, 2022, Defendants ...

Excerpt: ...on against Defendants The Regents of the University of California, Elizabeth Maister, and Lisa Bishop-Smith alleging (1) retaliation in violation of the Labor Code; (2) discrimination (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (3) harassment in violation of FEHA; (4) retaliation in violation of FEHA; and (5) failure to prevent discrimination, harassment, or retaliation. On December 8, 2022, Defendants ...

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. Code of Civil Procedure section 187 gr...

Excerpt: ...ecedent Javier Jaime Puerto) filed this action against Defendant Auxiliary Residential Care, Inc. dba Mariposa Homa (erroneously sued as Auxiliary Residential Care Incorporated and Mariposa Home). On July 15, 2022, Defendant filed a motion to strike portions of the first amended complaint (“FAC”). Plaintiff filed the FAC on July 27, 2022. The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or i...

Excerpt: ...s LLC, and Kellermeyer Bergensons Services LLC (collectively, “Defendants”), alleging a single cause of action for civil penalties under the Private Attorneys General Act based on Labor Code violations. On November 15, 2022, Defendants filed a motion to compel arbitration. EVIDENTIARY OBJECTIONS Defendants' objections to the Declaration of Maria Rodriguez De Paz, attached to the Declaration of Bevin Allen Pike, are overruled. LEGAL STANDARD W...

Excerpt: ...na Guerra. On March 14, 2022, Plaintiff filed a first amended complaint (“FAC”). On May 13, 2022, the Court sustained Trevor Candler's demurrer to the FAC without leave to amend. On September 16, 2022, Fabio Guerra and Lorena Guerra filed an answer, and on November 29, 2022, they filed a motion for judgment on the pleadings. Plaintiff did not file an opposition. The request for judicial notice is denied as irrelevant. A motion for judgment on...

Excerpt: ... On October 28, 2022, Plaintiff J.A.M. (a minor, individually and as Successor-In-Interest to the Estate of Decedent Michael McGarry, by and through his Guardian Ad Litem, Lindsey Mueller) filed a first amended complaint (”FAC”) against Defendants Preferred Express Towing and Recovery Inc., Mohammad Alqaza, NantMedia Holdings LLC (erroneously used as Nant Capital LLC dba Los Angeles Times) (“NantMedia”), Atlas Capital Group LLC (“Atlas�...

Excerpt: ... Steven Lin, Keith Hoang, AboveLab Inc., Skisen Corporation, GoJoy Inc., and Kaurat Reserves Ltd. (collectively, “Defendants”). On March 23, 2021, the Court granted Defendants' ex parte application to stay this action pending the resolution of criminal proceedings against Lin. On January 4, 2023, Plaintiffs filed a motion to lift the stay. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the search warrant and c...

Excerpt: ...Appeal of the Order, Decision, or Award of the Labor Commissioner. On September 15, 2022, Respondent filed a motion to dismiss due to Appellant's late appeal and failure to post an undertaking. A. Appellant's Appeal Is Untimely. A party may appeal the Labor Commissioner's order, decision, or award to the superior court within 10 days after service of notice of the order, decision, or award. (Lab. Code, § 98.2, subd. (a).) Appellant was served wi...

Excerpt: ...h America Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On November 2, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUESTS FOR JUDICIAL NOTICE A. Defendant's RJN is Granted in Part. Defendant asks the Court to take judicial notice of the complaint and answer in this action. The Court denies the request as irrelevant; the compl...

Excerpt: ...s Reyes Vasquez, Azucena Ramirez Salinas, Jose Manuel Hernandez, Elizabeth Agustin, Erick G. Chazari, Geovanni Chazari, Erick F. Chazari, Emily Chazari, Carmela Cruz Martinez, Jose Tamayo, Elvis Frias, Diana Martinez, Fernando Martinez, and Veronica Martinez (collectively “Plaintiffs”) filed this action against Defendants Mariposa 20 LLC, K3 Manager LLC, K3 Holdings LLC, Nathan Kadisha, Michael Kadisha, Luzelba Lozano Mansour, Zaki S. Mansour...

Excerpt: ...a Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On December 29, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUESTS FOR JUDICIAL NOTICE A. Defendant's RJN Defendant asks the Court to take judicial notice of the complaint and answer in this action. The Court denies the request as irrelevant; the complaint and answer are already...

Excerpt: ...C”) against Defendant County of Los Angeles. On October 31, 2022, Defendant filed a demurrer to the TAC. 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.) Defendant demurs to ...

Excerpt: ...ield this action against Defendants LA Solar Group Inc. (“LA Solar”)and Denise Villicana. On October 27, 2022, LA Solar filed a demurrer and motion to strike. DEMURRER LA Solar argues that the Complaint is “so ambiguous and unintelligible that Defendant cannot determine against whom Plaintiffs' allegations are directed.” (Demurrer at p. 6.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (20...

Excerpt: ...RRERS ARE SUSTAINED WITH LEAVE TO AMEND. PLAINTIFF TO FILE AND SERVE A SECOND AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO FILE AND SERVE RESPONSES WITHIN 30 DAYS THEREAFTER. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at¿[email protected]¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. The Court considers the mo...

Excerpt: ...of an allegedly defective vehicle. On October 19, 2022, Defendant filed a motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice is granted. EVIDENTIARY OBJECTIONS Plaintiff's Objection No. 1 is sustained for lack of foundation and personal knowledge. Plaintiff's Objection No. 2 is overruled. OTHER PROCEDURAL ISSUES Plaintiff inserted improper argument in their responses to Defendant's separate statement ...

Excerpt: ...On August 23, 2022, Plaintiff TL Veterans Construction, Inc. filed a third amended complaint (“TAC”) against Defendants Eun Hee Song, JNH Roofing, Inc. (“JNH”), Sean Soon Wook Lee, Jay Hahm, Restoration Unlimited Group, Inc. (“RUG”), State National Insurance Company, Inc. (“State National”), RK All Insurance Services, and Rian Kang, alleging (1) breach of contract, (2) express indemnify, (3) fraud: intentional misrepresentation, (...

Excerpt: ... ONE; DENYING MOTION TO COMPEL RESPONSES TO DOCUMENT REQUESTS, SET ONE; DENYING MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS, SET ONE ADMITTED; GRANTING IN PART MOTION TO COMPEL WRITTEN RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; GRANTING IN PART REQUESTS FOR SANCTIONS Dept. 48 8:30 a.m. Feb ruar y 16, 2023 On April 4, 2022, Plaintiff Oscar Valle filed this action against Defendants Santa Clarita Studios Corp. (“Defendant”), Santa C...

Excerpt: ...da and against Defendant Kia Motors America, Inc. The Court entered judgment on September 16, 2022. On November 15, 2022, Plaintiffs filed a motion for attorney fees. A. Evidentiary Objections Defendant's Objection Nos. 1, 3, 4 are sustained. Defendant's Objection No. 2 is overruled. Plaintiffs' Objection Nos. 1, 2, 10, 11 are sustained. Plaintiffs' Objection Nos. 3-9 are overruled. B. Discussion As the prevailing party, Plaintiffs are entitled t...

Excerpt: ...ttorney in good standing in another jurisdiction who is not be a resident of California, regularly employed in California, or regularly engaged in substantial business, professional, or other activities in California may apply to appear as counsel pro hac vice in California. (California Rules of Court, rule 9.40(a).) The attorney must a verified application together with proof of service by mail of a copy of the application and notice of hearing ...

Excerpt: ...inst Defendants Vitacost.com, Inc., Badia Spices, Inc. (“Badia”), and Amazon.com, Inc., alleging violation of Proposition 65. On January 11, 2023, Plaintiff filed a motion to compel the deposition of Bafia's person most knowledgeable (“PMK”). Plaintiff's motion is not accompanied by the required separate statement for discovery motions that sets forth, among other things, “[a] statement of the factual and legal reasons for compelling fu...

Excerpt: ...uar y 9, 2023 On April 21, 2022, Plaintiff First American Title Insurance Company filed this action against Defendants Golden State Holdings LLC (“Golden State”) and Karen Baca (collectively, “Defendants”). On August 1, 2022, Defendants filed an answer, and on August 31, 2022, they filed an amended answer. On September 19, 2022, Plaintiff filed a demurrer to Defendants' amended answer. Defendants did not file an opposition. On December 6,...

Excerpt: ..., Plaintiff David Carranza filed this action against Defendants Mohammad Ali Zareh DDS, Inc. and Charles Chan-Eung Park. On September 21, 2022, Mohammad Ali Zareh DDS, Inc. (“Defendant”) filed a demurrer. Plaintiff filed a late opposition. On December 27, 2022, Plaintiff filed a motion for leave to amend the complaint. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4...

Excerpt: ...��FAC”) against Defendants DCW Logistics Services Inc., Alejandro Rodriguez, Matteo Mevlut Kirisci, and Henry Mandil (collectively, “FAC Defendants”), alleging (1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) failure to provide required meal periods; (4) failure to provide required rest periods; (5) failure to provide accurate wage statements; (6) unfair competition; (7) failure to produce employment file; (8) failur...

Excerpt: ...C”) against Defendant Carlos A. Lainez for violation of the Immigration Consultant Act (“ICA”). On October 26, 2022, Defendant filed a demurrer to the FAC. 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 (...

Excerpt: ...Nathanson Design Inc. (collectively, “Cross-Complainants”) filed a cross- complaint against Cross-Defendants Jessica De Rothschild, Alexander Gervasi, and Industria (USA) LLC (collectively, “Cross-Defendants”), alleging (1) negligence; (2) breach of contract (implied contract); (3) breach of contract (unformalized agreement); (4) breach of contract (common count – goods and services rendered); (5) quantum meruit; (6) defamation (false l...

Excerpt: ...fendants”). On January 12, 2023, Defendants filed a motion to stay the entire action. On January 13, 2023, Defendants filed a motion to compel arbitration and stay the action. Defendants request a stay of the entire action until their motion to compel arbitration is heard on April 6, 2023. When a party moves for a stay until a pending motion to compel arbitration is determined, the Court must stay the action. (Code Civ. Proc., § 1281.4.) “Th...