Excerpt: ...Defendant Jaguar Land Rover North America LLC for breach of warranties arising from the purchase of an allegedly defective vehicle. On August 30, 2022, Plaintiff propounded her second of written discovery, including Requests for Production of Documents, Set Two. On September 28, 2022, Defendant served unverified responses that consisted entirely of objections. On October 25, 2022, Plaintiff filed a motion to compel further responses. A party may ...

Excerpt: ...8:30 a.m. Februar y 2, 2023 On July 25, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed a first amended complaint (“FAC”) against Defendant Carlos A. Lainez for Violation of the Immigration Consultant Act. On October 27, 2022, the Court granted Plaintiff's motion to compel a further response to Form Interrogatory No. 17.1 and Plaintiff's motion to compel further responses to Requests for Production (“RFP”) Nos. 1, 2, 4, 6, and...

Excerpt: ...c., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On May 6, 2022, Plaintiff filed a first amended complaint (“FAC”). On October 20, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the ...

Excerpt: ...utomobile Insurance Company. On June 30, 2022, Defendant filed this motion for summary adjudication. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice of the Complaint is granted. EVIDENTIARY OBJECTIONS A. Plaintiffs' Objections to the Declaration of Tina Bhatia Nos. 1, 3, 11-24: Sustained as hearsay and for lack of personal knowledge. Nos. 2, 4-10, 25: Sustained as improper legal conclusion. B. Plaintiffs' Objections to the Dec...

Excerpt: ...gainst Defendant FCA US LLC, arising from Plaintiff's purchase of an allegedly defective vehicle. On October 26, 2022, Defendant filed a motion to compel responses to Requests for Production of Documents (“RFPs”). 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 demand is incomplete; the representation of inability to comply is inadequa...

Excerpt: ... 8:30 a.m. December 29, 2022 On September 14, 2020, Plaintiffs Jane HA Doe, Jane TG Doe, Jane RM Doe, Jane JR Doe, and Jane JN Doe (collectively, “Plaintiffs”) filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Alice Ballard-Treptow, and Joyce Johnson (collectively, “Defendants”). On July 26, 2022, the Court granted LAUSD's motion for leave to perform mental examinations of the plaintiffs. On July 28, ...

Excerpt: ...otors America, Inc., arising from Plaintiff's purchase of an allegedly defective vehicle. On September 20, 2022, Defendant filed a motion for summary adjudication of the second, third, fifth, and sixth causes of action. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice is denied. A different court's unpublished and non- binding order denying summary adjudication in a different case is not relevant. DOCUMENTS LODGED CONDITIONALLY...

Excerpt: ...2, 2022, Plaintiff D.E. filed this action against Doe 1, arising from childhood sexual assault. On August 23, 2022, the Court granted Plaintiff's ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a fictitious name. On December 13, 2022, Plaintiff filed another ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a...

Excerpt: ...ugust 26, 2020, Plaintiff Fabiola Yani (“Plaintiff”) filed this action against Defendants Burlington Coat Factory Direct Corporation and Laura Charles (collectively, “Defendants”), alleging (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) harassment in violation of FEHA; (3) retaliation in violation of FEHA; (4) unlawful retaliation under Labor Code section 1102.5; (5) wrongful discharge in violatio...

Excerpt: ...g and Chong Hui Chong (collectively, “Plaintiffs”) filed this action against Defendants Healthy Land, Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”). “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.) MOTION TO COMPEL...

Excerpt: ...efendant Seizmic, Inc. On October 19, 2022, Defendant filed a demurrer and amotion to strike. DEMURRER Defendant demurs to the fifth through tenth causes of action. 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 Cente...

Excerpt: ...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”), Alameda & 8th Owner LLC, and Rudin Management Company Inc. (“Rudin”). On November 3, 2022, Plaint...

Excerpt: ...le Tirsoaga, granting Defendant's motion for summary judgment and declaring Defendant the prevailing party with regard to the claims between them. On October 25, 2022, Defendant filed a memorandum of costs, seeking $12,874.89 in costs. On November 7, 2022, Plaintiff filed a motion to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these...

Excerpt: ...ainst Tania Saroyan, alleging (1) violation of Los Angeles Municipal Code sections 151.04 and 151.10, (2) declaratory 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 17200 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...

Excerpt: ...rley A. Hong (“Harley”); Does 1-10, Trustee of the Young Ae Hong Living Trust dated December 20, 2018; and Does 11-20, Personal Representative on behalf of and for the estate of Fay Wha Hong (“Fay”), alleging (1) intentional misrepresentation; (2) concealment; (3) conversion/embezzlement; (4) larceny; (5) breach of contract; and (6) unjust enrichment. “The parties and relevant individuals share a last name. For clarity, convenience, and...

Excerpt: ...filed this action against Defendants Healthy Land, Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”). “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.) On November 1, 2022, Plaintiffs filed a motion for terminating sanction...

Excerpt: ...n (disparate treatment) in violation of the Fair Employment and Housing Act (“FEHA”); (2) discrimination (disparate impact) in violation of FEHA; (3) harassment (sexual favoritism) in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent harassment, discrimination, or retaliation; and (6) retaliation in violation of the Labor Code. Plaintiff later dismissed the second cause of action. On September 1, 2022, the Court ...

Excerpt: ...E NATIONAL INSURANCE COMPANY INC.'S MOTION TO STRIKE Dept. 48 8:30 a.m. December 1, 2022 On May 27, 2022, Plaintiff TL Veterans Construction, Inc. filed a second amended complaint (“SAC”). On August 3, 2022, the Court sustained Defendant Sean Soon Wook Lee's demurrer to the sixth cause of action for intentional misrepresentation, with leave to amend. The Court overruled Lee's demurrer to the ninth cause of action for contribution. On August 2...

Excerpt: ...rth America Inc., arising from Plaintiff's purchase of an allegedly defective vehicle from a non-party dealership. On October 27, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice is granted. Plaintiff's request for judicial notice is also granted. DISCUSSION When seeking to compel arbitration of a plaintiff's claims, the ...

Excerpt: ...against Defendant General Motors LLC, arising from Plaintiffs' purchase of an allegedly defective vehicle. On September 8, 2022, Defendant filed a motion for summary judgment. REQUEST FOR JUDICIAL NOTICE Plaintiffs' request for judicial notice is granted. EVIDENTIARY OBJECTIONS Plaintiffs' Objection No. 1 is sustained for lack of foundation and personal knowledge. OTHER PROCEDURAL ISSUES Plaintiffs inserted improper argument in their responses to...

Excerpt: ... 48 8:30 a.m. November 28, 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary j...

Excerpt: ...gege, and Les Ateliers Bueno LLC (collectively, “Defendants”). The Court entered default against Les Ateliers Bueno LLC on April 30, 2021, and against Serge Bueno and Rene Hagege on October 18, 2021. On May 17, 2022, the Court denied Plaintiff's request for entry of default judgment without prejudice. Plaintiff filed this amended request for entry of default judgment on November 16, 2022 Plaintiff again did not file the mandatory Form CIV-100...

Excerpt: ...ng breach of contract and negligence. On September 2, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the complaint is granted. EVIDENTIARY OBJECTIONS Plaintiff and Defendant each inserted improper objections and argument in their responses to the other party's separate statement of material facts. That is not the proper place ...

Excerpt: ...tice of settlement of this case, which alleged breach of warranty under the Song-Beverly Warranty Act. Under the settlement, Plaintiffs are the prevailing party, and Defendant agreed to pay Plaintiff's reasonable costs, expenses, and attorney fees. (Ledbetter Decl., Ex 1, ¶ 3.) On October 21, 2022, Plaintiffs filed a motion for attorney fees, costs, and expenses. As the prevailing party, Plaintiffs are entitled to an award of reasonable attorney...

Excerpt: ...”) filed this action against Defendants Stacey Summers and Gursey Schneider LLP. On July 8, 2022, Summers (“Cross-Complainant”) filed a cross-complaint against Gursey Schneider LLP (“Cross-Defendant”) for indemnification. On August 30, 2022, Cross-Defendant filed a 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...

Excerpt: ...detainer action against Defendants Chris Neary and Tuere McCall (collectively, “Defendants”). Defendants filed an answer on October 13, 2022. On October 17, 2022, Defendants filed a motion for judgment on the pleadings. At the November 10, 2022 hearing on the motion, the Court continued the hearing and ordered supplemental briefing. MEET AND CONFER Plaintiffs argue that the motion must fail due to Defendants' failure to meet and confer under ...

Excerpt: ...Defendant FCA US LLC arising from Plaintiffs' purchase of an allegedly defective vehicle from a non-party dealership. On April 20, 2021, Defendant filed an answer. Following removal to and remand from federal court, Defendant filed a motion to compel arbitration. On January 7, 2022, the Court granted Defendant's motion to compel arbitration and stayed the action pending completion of arbitration. On October 14, 2022, Plaintiffs filed a motion to ...

Excerpt: ...Ellington and M&C Development LLC (“M&C”), alleging (1) statutory elder financial abuse, and (2) conversion. The complaint alleges that the defendants requested loans of $100,000 and $50,000 from Baneer and failed to repay them as promised. On September 14, 2021, M&C filed an answer and a cross-complaint against Brandon Paxton, alleging (1) equitable indemnity, (2) contribution, (3) declaratory relief, and (4) fraud. The cross-complaint alleg...

Excerpt: ...herchi; Compass, Inc.; Or Brodsky; and Kathy Mehringer. On October 17, 2022, 833 N. Spaulding OTMH, LLC and Omri Tcherchi (collectively, “Defendants”) filed a demurrer and amotion 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 as tru...

Excerpt: ...th & 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, Inc.; Amy Kit Tsing Leung dba Hawaiian Design Jewelry Company; Shung Man Simon Lam and Woon Mai Lam Quek dba El Dorado Jewelry, Inc.; Victor Wu and Anita Wu dba Pan Lovely Jewelry Company; Birol Arat dba...

Excerpt: ...complaint (“SAC”) against Defendants Roseann Frazee and Frazee Law Group (collectively, “Defendants”), and Defendant Karen B. Miller, alleging legal malpractice during their representation of him in Jennifer Peiying Lin, et al. vs. Xing Wu, et al. (Riverside County, No. RIC1719974) (“Riverside Action”). (See SAC ¶¶ 12-19; Baris Decl. ¶ 3.) On July 26, 2022, Defendants served a subpoena for production of business records (“Documen...

Excerpt: ...C in this Song-Beverly case. Under the settlement, Defendant agreed to pay Plaintiff's reasonable attorney fees and costs. (Moroe Decl., Ex. 3.) On October 13, 2022, Plaintiff filed a memorandum of costs, and on October 21, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. REQUEST FOR JUDICIAL NOTICES Plaintiff's request for judicial notice is denied, as the total fee awards in other cases and other ...

Excerpt: ...d Alex M. Pineda (collectively, “Plaintiffs”) and against Defendant Kia Motors America, Inc. On September 30, 2022, Plaintiffs filed a verified memorandum of costs, seeking costs of $35,074.61. On October 14, 2022, Defendant filed a motion to tax costs. A prevailing plaintiff in a Song-Beverly action may recover all “costs and expenses . . . determined by the court to have been reasonably incurred by the buyer in connection with the commenc...

Excerpt: ... Dobbins, Big Breakfast, Artists First, and Touchstone Television Productions d/b/a ABC Studios for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) promissory estoppel; (4) breach of implied in fact contract; (5) breach of confidence; (6) intentional misrepresentation; (7) intentional interreference with contract; and (8) inducing breach of contract. (Complaint.) Defendants Tracee Ross, Kenya Barris,...

Excerpt: ...August 13, 2021, Plaintiff T.H. filed a first amended complaint (“FAC”) against Defendant County of Los Angeles arising from childhood sexual abuse. On June 29, 2022, the parties participated in an informal discovery conference. On July 13, 2022, Defendant filed a motion to compel further responses to special interrogatories. On July 14, 2022, Defendant filed a motion to compel third party Orange County Mental Health to comply with a records ...

Excerpt: ...st Defendants Walgreen Co. and American Protection Group, Inc. (“APG”), alleging (1) breach of duty to indemnify under Labor Code section 2802; (2) breach of duty to indemnify under Corporations Code section 317; and (3) declaratory relief/quantum meruit. On August 29, 2022, Walgreen Co. (“Defendant”) filed a demurrer and motion to strike. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. M...

Excerpt: ...ons of Business and Professions Code section 17200 and Civil Code section 1750. On October 12, 2022, Defendant filed a motion to stay this action pending the resolution of Henry v. Nissin Foods (U.S.A.) Co., Inc. (No. 1:22-cv-363) (Henry), which is pending in the United States District Court, Eastern District of New York. Defendant's request for judicial notice is granted. A. Legal Standard When nearly identical actions are in courts of different...

Excerpt: ...48 8:30 a.m. November 8 2022 On October 20, 2021, Plaintiff EBF Holdings, LLC filed this action against Defendants YNE Fabric Wholesale Inc. (“YNE”) and Steve Byunghoon Rhee. On December 21, 2021, the Court entered default against YNE. On December 30, 2021, Plaintiff filed a request for entry of default judgment against YNE, which the Court denied without prejudice on January 19, 2022. On May 2, 2022, Plaintiff filed a motion for summary judg...

Excerpt: ...tructured settlement payment rights. The petition seeks transfer of certain structured settlement payment rights held by Jonathan Laricci (“Payee”) arising from a personal injury claim. (Petition ¶¶ 2-3.) If approved, Payee will transfer to Petitioner one payment of $11,114.92 on September 5, 2024, and one payment of $19,114.92 on September 5, 2025. (Petition ¶ 4.) In exchange, Petitioner will pay Payee $17,146.99. (Petition at p. 4.) A di...

Excerpt: ...Motors LLC arising from Plaintiff's purchase of an allegedly defective vehicle. On August 19, 2022, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the fifth cause of action for fraudulent inducement – concealment. A. Specificity Defendant argues this cause of action is not pleaded with the required specificity. (Demurrer at p. 8.) Fraud based on concealment requires that “(1) the defendant must have concealed or...

Excerpt: .... The Court entered default against Defendant on May 16, 2022. On July 11, 2022 and July 27, 2022, the Court denied Plaintiff's request for entry of default judgment without prejudice and explained the many deficiencies in Plaintiff's request. On August 10, 2022, the Court again denied Plaintiff's amended request for entry of default judgment without prejudice. The Court's order again detailed the many deficiencies in Plaintiff's request for defa...

Excerpt: ...ust, and against Defendant Behnam Rafalian. On August 19, 2022, Plaintiff filed a memorandum of costs, reflecting $40,389.92 in costs. On September 6, 2022, Defendant filed a motion to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasonable or necessary.” (Adams v. Ford Motor Co. (2011)...

Excerpt: ...ly, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendant Jamshid Niknam M.D. and others. On November 12, 2021, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16 (“anti-SLAPP motion”), a motion to file documents under seal, and a demurrer. On July 25, 2022, the Court granted the anti-SLAPP motion, granted the motion to seal, and sustained the demurrer. On August 1, 2022, Defendan...

Excerpt: ...and breach of implied-in-fact contract. On July 26, 2022, Plaintiff filed a motion for summary judgment, or in the alternative, adjudication. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the June 8, 2020 Order of Liquidation in Commissioner of the Department of Financial Regulation v. Global Hawk Insurance Co. Risk Retention Group (Vermont Superior Court, Washington Unit, Case No. 196-5-20 Wncv) is granted. FACTUAL BACKG...

Excerpt: ...ONS ADMITTED; GRANTING MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES; GRANTING PLAINTIFF'S MOTION TO COMPEL FURTHER PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. October 27, 2022 On April 25, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed this action against Defendant Carlos A. Lainez for Violation of the Immigration Consultant Act. On May 18, 2022, Plaintiff served its Request for Production of Documents, Set One; Request ...

Excerpt: ...ants Compton Unified School District and Marco Godinez (collectively, “Defendants”) and against Plaintiff I.C. The same day, the Court entered judgment in favor of Defendants and against Plaintiff. On May 27, 2022, Defendants filed a verified memorandum of costs and a motion for recovery of post-offer expert costs. On June 10, 2022, Plaintiff filed a motion to strike or tax costs. On June 17, 2022, Defendants filed a notice of errata re: cost...

Excerpt: ...RESPONSES TO SPECIAL INTERROGATORIES; GRANTING IN PART PLAINTIFF'S MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; GRANTING IN PART REQUESTS FOR SANCTIONS Dept. 48 8:30 a.m. October 25, 2022 On September 25, 2020, Plaintiff Central Metal, Inc. filed this action against Defendants Antonio Bernard Whitley aka Bernard Whitley; BW Transportation Solutions, Inc. dba BW Capital Solutions; Daniel E. Park; and Daniel E. Park Law Corporation. Defendants D...

Excerpt: ...led this action against Defendants FCA US, LLC (“FCA”) and Rydell Chrysler Dodge Jeep Ram. On May 2, 2022, Plaintiff propounded Request for Production, Set One, on FCA. (Neubauer Decl. ¶ 19 & Ex. 7.) FCA served responses on June 3, 2022. (Neubauer Decl. ¶ 21 & Ex. 8.) After meeting and conferring (Neubauer Decl. ¶¶ 28-34 & Exs. 9-11, 14-15), the parties scheduled an Informal Discovery Conference. On August 12, 2022, FCA failed to appear a...

Excerpt: ...led this action against Doe 1, arising from childhood sexual assault. On October 14, 2022, Plaintiff filed an ex parte application to seal the certificates of merit, permit service on Doe 1, and permit Plaintiff to proceed under a fictitious name. A. Seal Certificates of Merit A plaintiff who is 40 years of age or older in an action arising from childhood sexual assault must file certificates of merit executed by the attorney for the plaintiff an...

Excerpt: ...lye Richards (collectively, “Plaintiffs”) filed this action against Defendant Brentwood Investment, LLC. The Complaint alleges (1) breach of contract; (2) breach of the implied warranty of habitability; (3) intentional infliction of emotional distress; (4) private nuisance; (5) negligence; (6) wrongful eviction; (7) violation of Civil Code section 1950.5(1); and (8) violation of Civil Code section 1942.4. On August 24, 2022, Defendant filed a...