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., ...

Excerpt: ... judgment on May 13, 2021. On May 3, 2022, the Court granted in part Defendant's motion to vacate default and default judgment. The Court vacated the May 13, 2021 default judgment. The Court denied the request to vacate the December 3, 2020 entry of default, finding that the motion was untimely under Code of Civil Procedure section 473 and that Defendant did not show extrinsic fraud, extrinsic mistake, a meritorious defense, or diligence in seeki...

Excerpt: ...utory judgment for partition by sale of the property commonly known as 440 South Wilton Place, Los Angeles, CA 90020 (“Property”). On February 16, 2023, the parties stipulated to the appointment of Kevin A. Singer as Partition Referee. On July 24, 2023, the Partition Referee filed a motion for confirmation of the sale of the Property. Defendant Old Republic National Title Insurance Company (“Old Republic”) filed an objection. LEGAL STANDA...

Excerpt: ...ts of the University Of California (erroneously also named as UCLA Health Systems and Ronald Reagan Hospital Department of Pharmacy). On May 10, 2023, 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 considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts a...

Excerpt: ...c. and T.J. Maxx of CA LLC for civil penalties and injunctive relief based on violations of Health & Safety Code section 25249.6 et seq. On June 30, 2023, Plaintiff filed this motion to approve a consent judgment entered into with Defendant GMA Accessories, Inc . Plaintiff asserts that the consent judgment is fair and reasonable to the parties, serves the public interest, has been submitted for review to the Office of the Attorney General of Cali...

Excerpt: ... On November 19, 2019, Defendant filed an answer. On July 13, 2023, Defendant filed a motion for leave to file an amended answer. 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 differentiate it from previous pleadings ...

Excerpt: ...first amended complaint, and on August 5, 2021, he filed a second amended complaint. The SAC alleges legal malpractice arising from Defendants' representation of him and his wife in Riverside County Case No. RIC1719974. (E.g., SAC ¶¶ 15 & Ex. 2.) On July 18, 2023, Plaintiff filed a motion for leave to file a third amended complaint (“TAC”). Defendants' request for judicial notice of documents including the Notice of Appeal in Jennifer Peiyi...

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: ...“Defendant”). On September 27, 2021, Plaintiff filed a first amended complaint that added Cedars Sinai Medical Center as a defendant and alleged additional causes of action. Default was entered against Defendant on August 2, 2022. On December 8, 2022, Defendant filed a motion to set aside the default. On January 13, 2023, the Court (Department 30) granted the motion. Defendant also filed a demurrer and later filed an answer. On March 15, 2023...

Excerpt: ...y Jung, Propent Real Estate Inc., B&B Investment Properties LLC (collectively, “Defendants”), 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) acco...

Excerpt: ...ding LLC and Carol Baker Real Estate Inc. Respondents' request for judicial notice is denied as irrelevant. When seeking to compel arbitration, the movant 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 opponent to prove the falsity of the agreement. (Ibid.) After the Court determines that an agreement to arbitrate exists, it then considers...

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: ...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: ...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: ... 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: ...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...