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

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: ... 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: ...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: ...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: ...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: ...“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...