Excerpt: ...d by Plaintiffs Anibal Jose Colindres Perez and Yermin Alexander Pineda (collectively, “Plaintiffs”) and Defendant Versa Products, Inc. On May 6, 2022, Plaintiffs entered into a settlement agreement with Defendant, with the Court retaining jurisdiction under Code of Civil Procedure section 664.6 for enforcement of the settlement. (Okunor Decl. ¶ 2.) On September 27, 2022, Plaintiffs filed a motion to enforce their settlement with Versa Produ...

Excerpt: ... and Tetra Tech SWE. The complaint alleges (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”); (2) hostile work environment in violation of FEHA; (3) retaliation in violation of FEHA; (4) failure to prevent discrimination, harassment, or retaliation; (5) whistleblower retaliation under the Labor Code; (6) wrongful termination in violation of public policy; (7) intentional infliction of emotional distress; and (8) ...

Excerpt: ...tiffs Audelia Velasquez and Lena Velasquez-Carreras (collectively, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendants Montebello Care Center, LLC dba Montebello Care Center (“Montebello Care Center”); Genesis Healthcare, LLC; Genesis Healthcare, Inc.; Genesis Administrative Services, LLC; Summit Care, LLC; NewGen, LLC; and NewGen Operations Management, LLC (collectively, “Defendants”) arising from Ms. Velasqu...

Excerpt: ... and High Times Holding Corp. (collectively, “Defendants”), alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) promissory fraud, (4) open book account, and (5) account stated. On July 12, 2022, Plaintiff filed a motion for summary adjudication of the first, second, fourth, and fifth causes of action. EVIDENTIARY OBJECTIONS Plaintiff's Objection Nos. 1-16 are overruled. The evidence about a ...

Excerpt: ...ntiff Maricela Vargas and Defendant Ocwen Loan Servicing LLC. The jury made specific factual findings, including that Plaintiff did not suffer damages but Defendant's misconduct was intentional, reckless, or willful. The jury also awarded $40,000.00 in statutory damages. The Court ordered the parties to brief the issue of the form of Proposed Judgment to be entered based on the jury verdict and stayed the entry of judgment. On September 21, 2022,...

Excerpt: ...”) filed this action against Defendant Toyota Motor Sales, U.S.A., Inc., arising from Plaintiffs' purchase of an allegedly defective vehicle from a non-party dealership. On August 4, 2022, Defendant filed a motion to compel arbitration and stay the action pending completion of arbitration. On August 30, 2022, the Court granted Defendant's ex parte application for an order staying proceedings pending Defendant's motion to compel arbitration, and...

Excerpt: ...ke Chavarrie and County of Los Angeles (“County”). On November 24, 2020, Mike Chavarrie was dismissed as a defendant. On June 14, 2021, the parties stipulated to the filing of a first amended complaint because two of the four plaintiffs had settled their claims, one defendant had been dismissed, and the remaining plaintiffs wished to add allegations regarding conduct that occurred after filing the action. On June 17, 2021, Ryan Greenup and Gi...

Excerpt: ...S, LLC and B&W Automotive, Inc. (collectively, “Defendants”) in this Song- Beverly case. Under the settlement, Defendants agreed to pay Plaintiffs' reasonable attorney fees and costs. (Wirtz Decl., Ex. Y, ¶ 3.) On September 6, 2022, Plaintiff filed a memorandum of costs and a motion for attorney fees, costs, and expenses. EVIDENTIARY OBJECTIONS Defendants' Objection Nos. 1-2 are overruled. Plaintiff's counsel declared that he used these docu...

Excerpt: ...ation, retaliation, and failure to take all reasonable steps to prevent discrimination/retaliation. On July 28, 2022, Plaintiff filed a Pitchess motion under Evidence Code section 1043 et seq. and Penal Code section 832.5. At the original August 25, 2022 hearing on the motion, the Court continued the hearing and ordered supplemental briefing. Only Plaintiff filed a brief. A party may discover a law enforcement officer's personnel file through a P...

Excerpt: ...C”). AMC filed an answer on January 17, 2020, and a Case Management Statement on March 20, 2020. AMC's July 28, 2020 Notice of Filing of Case Management Statement stated, “No activity in the case has occurred since the originally filed Case Management Statement.” Plaintiff posted jury fees on August 11, 2020. At the August 12, 2020 Case Management Conference, the Court ordered Plaintiff to file a Case Management Statement and continued the ...

Excerpt: ...OMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS Dept. 48 8:30 a.m. September 22, 2022 On May 13, 2021, Weber Enterprise Trucking Corporation (“Weber”) filed this action against Forest Lawn Memorial-Park Association (“Forest Lawn”), and on July 13, 2021, Forest Lawn filed a cross-complaint. On July 12, 2022, the parties participated in an informal discovery conference. On August 23, 2022, Forest Lawn filed a motion to compel...

Excerpt: ...CROSS-COMPLAINT) Dept. 48 8:30 a.m. September 20, 2022 On December 17, 2021, Casa Mexico Enterprises, LLC field this action against Eric Gerardo Leyva-Buccio and Gina Ruccione, and on February 28, 2022, it filed a first amended complaint alleging breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach of contract, conversion, conspiracy to commit conversion, and unjust enrichment. Leyva-Buccio and Ruccione each filed cross-...

Excerpt: ... and Elizabeth Ringer filed this action against Doe 1 (a public entity) and Doe 2 (an individual), arising from childhood sexual assault. On September 14, 2022, Plaintiffs filed an ex parte application to approve the certificates of merit and permit service, permit amendment of the complaint to name the defendants, and seal the certificates of merit and certificate of corroborative facts. A. Seal Certificates of Merit and Certificate of Corrobora...

Excerpt: ...nalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendant will pay a total of $490,000.00. Of that amount, up to $215,000.00 will be paid as attorney fees, up to $19,000.00 will be paid as costs, and $10,000.00 will be paid to Plaintiff. Some portion will also be paid to a settlement administrator. Of the remaining amount, 75-percent will be paid to ...

Excerpt: ...ed opposition, and second amended opposition. BACKGROUND FACTS Candler's counsel declares that Hillman filed Hillman v. Owner Manager, Case No. 21STCV19384, on May 20, 2021 (“First Action”), and the complaint alleged only, “Defendant refused to refund money back to plaintiff.” (Ness Decl. ¶ 2 & Ex. A.) Hillman failed to respond to discovery, did not serve certain filings, and did not meet and confer. (Ness Decl. ¶¶ 3- 7.) Before the co...

Excerpt: ... and Bertha Saenz alleging breach of contract and mechanics' lien foreclosure, with an application for a stay of proceedings pending mandatory arbitration. “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 July 25, 2022, Rosa and Bertha filed a C...

Excerpt: ...hong (collectively, “Plaintiffs”) filed this action against Defendants Healthy Land Inc., Theresa H. Hwang, and Ambrosio Hwang (collectively, “Defendants”), alleging (1) breach of written contract, (2) breach of oral contract, (3) promissory fraud, (4) negligent misrepresentation, and (5) conspiracy to defraud. “The parties and relevant individuals share a last name. For clarity, convenience, and in order to avoid confusion, we refer to...

Excerpt: ...G Direct Real Estate 10, LP (“I&G”) for appointment of an appraiser. On July 5, 2018, I&G filed a cross-complaint for declaratory relief and an injunction prohibiting further efforts to continue the appraisal process. On November 21, 2018, the Court granted Douglas Emmett's motion to appoint an appraiser. Following an appeal, the parties stipulated to the appointment of an appraiser and agreed that the appraisal process should be stayed pendi...

Excerpt: ...t Nguyen (collectively, “Petitioners”) filed a petition to compel arbitration against Teri VanLandingham, and to stay her unpaid wages and retaliation claims with the Labor Commissioner, State of California, Department of Industrial Relations, Division of Labor Standards Enforcement (“DLSE”). On October 6, 2020, the Court granted the petition and ordered the DLSE proceeding stayed as to Seviinth Wave and Nguyen. The DLSE proceeding agains...

Excerpt: ...ified Labor Staffing Solutions Inc., alleging claims related to the termination of his employment, arising under the Fair Housing and Employment Act (“FEHA”) and public policy. On July 5, 2022, Defendant filed a petition to compel arbitration and stay the action, and on August 12, 2022, it filed a memorandum of points and authorities and supporting evidence. When seeking to compel arbitration of a plaintiff's claims, the defendant must allege...

Excerpt: ...ration filed a first amended complaint (“FAC”) against Defendants 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 April 7, 2022, Defendant and Cross-Complainant Chris Doman Enterprises Inc. dba Doman Pools filed a first amended cross-complaint (...

Excerpt: ...or Company's section 998 offer in this Song-Beverly case. Under the settlement, Defendant agreed to pay Plaintiff's reasonable attorney fees and costs. On July 12, 2022, Plaintiff filed a motion for attorney fees, costs, and expenses. Defendant did not file an opposition. Plaintiff's request for judicial notice is denied, as attorney fees orders in other cases are not relevant. As the prevailing party, Plaintiff is entitled to an award of reasona...

Excerpt: ...) breach of oral contract, (2) fraud, (3) conversion, (4) receipt of stolen property, and (5) unfair business practices. On June 20, 2022, Defendant filed a motion to dismiss for lack jurisdiction. At the original July 27, 2022 hearing, the Court continued the hearing and ordered supplemental briefing. Plaintiff's objections to the Third Declaration of Oscar Hackett are overruled. LEGAL STANDARD “A court of this state may exercise jurisdiction ...

Excerpt: ...isparate 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 June 17, 2022, Defendant filed a ...

Excerpt: ...ackman, Shapiro, Marshall & Harlan (erroneously sued as Lewitt Hackman); Fred Berger; Sarai Estupinian; Sarai Nursing Hospice Staffing, Inc.; and Avieli Itah. “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.) The FAC alleges (1) breach of contract, ...

Excerpt: ...t. 48 8:30 a.m. Au gust 31, 2022 On March 9, 2022, Silver Star Construction Engineering Inc. (“Silver Star”) filed this action against Amanda Ruch, Nicolas Ruch, and U.S. Bank National Association. On March 21, 2022, Amanda Ruch and Nicolas Ruch (collectively, “Cross-Complainants”) filed a cross- complaint, and on April 25, 2022, they filed a first amended cross-complaint (“FACC”) against Silver Star, John A. Tatoulian, and Steven Bra...

Excerpt: ... retaliation, and failure to take all reasonable steps to prevent discrimination/retaliation. On July 28, 2022, Plaintiff filed a Pitchess motion under Evidence Code section 1043 et seq. and Penal Code section 832.5. A party may discover a law enforcement officer's personnel file through a Pitchess motion. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531.) The Pitchess motion has been partly codified in Evidence Code, section 1043, which make...

Excerpt: ...y, “Plaintiffs”) filed this action against Defendants Diana Lands and Diana Lands Nathanson Design Inc. (collectively, “Defendants”). On July 25, 2022, Defendants filed a motion to strike. The Court 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 Califor...

Excerpt: ...12, 2019, the Court entered judgment in favor of Plaintiff Leonard Schrage and against Defendants Michael Schrage and Joseph Schrage. On September 2, 2021, the Court of Appeal reversed Leonard Schrage's monetary judgment against Michael Schrage. Remittitur issued on January 11, 2022. On August 1, 2022, the Receiver filed a motion for an order authorizing him to retain Mitchell Silberberg & Knupp (“MSK”) as probate counsel nunc pro tunc. Micha...

Excerpt: ...On 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 recor...

Excerpt: ...st Doe 1, arising from childhood sexual assault. On August 17, 2022, Plaintiff filed an ex parte application to approve and 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 and by a lic...

Excerpt: ...inst Plaintiff Marcello Palmieri. On March 23, 2022, the Court entered judgment in favor of Defendant, awarding him his costs “at a later date, pursuant to the filing of a memorandum of costs.” On April 4, 2022, Defendant filed a verified memorandum of costs, seeking $117,754.84 in costs. Plaintiff was electronically served with the memorandum of costs on the same date. Plaintiff did not file a motion to tax costs within 15 days after service...

Excerpt: ...ral Motors LLC for breach of warranties arising from the purchase of an allegedly defective vehicle. On October 12, 2021, Plaintiff propounded Request for Production, Set One, on Defendant. (Bohloul Decl., Ex. C.) Plaintiff received Defendant's unverified responses on November 15, 2021. (Bohloul Decl., Ex. E.) After meeting and conferring via letter, on December 21, 2021, Defendant signed a Joint Statement of Discovery in Dispute that indicated t...

Excerpt: ...m. Au gust 18, 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 judgment, or ...

Excerpt: ... of Larry J. Schoncite Trust, filed this action against Defendants Scott D. Fisher; Scott D. Fisher, A Professional Law Corporation; Michael L. Magasinn; and Law Offices of Michael L. Magasinn, arising from alleged legal malpractice. On June 1, 2022, Scott D. Fisher and Scott D. Fisher, A Professional Law Corporation (collectively, “Fisher Defendants”) filed a motion to compel arbitration. On June 6, 2022, Michael L. Magasinn and Law Offices ...

Excerpt: ...xia Lopez, Genesis Lopez, and Renando Mixon (collectively, “Plaintiffs”) filed a first amended complaint (“FAC”) against Defendants Leonidas Ramirez, Dolores Ramirez, Rafael Ramirez, Leo Baltazar Ramirez & Dolores Ramirez Living Trust, Leo Baltazar Ramirez as Trustee, and Dolores Ramirez as Trustee (collectively, “Defendants”). On June 2, 2022, Defendants filed a motion for summary judgment, or in the alternative, summary adjudication...

Excerpt: ...Joseph Schrage. In June 2019, Plaintiff served an order on Wells Fargo and levied $18,252.36 from Michael Schrage's bank accounts. (M. Schrage Decl. ¶ 2(a) & Exs. H, I.) On January 15, 2020, Plaintiff's counsel filed a Notice of Judgment Lien with the California Secretary of State. (RJN, Ex. C.) On July 29, 2020, the Court issued an Order of Seizure of Personal Property in a Private Place, authorizing the seizure and surrender of Michael Schrage...

Excerpt: ...A. and Khalid Shafiq (“Dr. Shafiq”) (collectively, “Shafiq”), alleging Khalid Shafiq, M.D., P.A. breached a Master Lease Agreement by not reimbursing TIAA for $52,420.26 in property taxes paid in Texas, both defendants were unjustly enriched based on that alleged failure to reimburse TIAA, and Dr. Shafiq breached a guaranty in connection with the Master Lease Agreement. TIAA also alleged an account stated against both defendants for $52,4...

Excerpt: ...ed this action against Defendants Select Portfolio Servicing, Inc. and Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Certificate Trustee Of Bosco Credit U Trust Series 2010-1 c/a Franklin Credit Management Corporation, alleging (1) violation of Civil Code section 2924, (2) wrongful foreclosure, (3) unfair business practices, and (4) cancellation of written instruments. On May 20, 2022, the Court sustained a de...

Excerpt: ...Murphy filed this action against Defendants Curtis Sand & Gravel and Ben Curtis, alleging wage and hour violations, failure to maintain and provide records, unfair competition, breach of contract, retaliation, wrongful termination, harassment, and gender discrimination. On May 3, 2021, Defendants filed a cross-complaint alleging breach of duty of loyalty and conversion. On June 2, 2022, the parties participated in an Informal Discovery Conference...

Excerpt: ... Motor Group of Valencia LLC dba Mercedes-Benz of Valencia (“Mercedes-Benz of Valencia”) (collectively, “Defendants”), arising from Plaintiff's lease of an allegedly defective vehicle. On March 28, 2022, Defendants filed a motion to compel arbitration and stay the action pending completion of arbitration. Defendants' request for judicial notice of the Complaint is granted. At the original hearing on June 8, 2022, Plaintiff's counsel state...

Excerpt: ...l Engineering Company Inc. (“Vista”), Scott Saunders, Elite Waterproofing and Coating Inc. (“Elite Inc.”), Jorge Casillas, Andrez Frias, and Elio Gould. Casillas and Frias (“Settling Defendants”) have now settled with Plaintiffs for $30,000 and filed this application for determination of good faith settlement. Vista and Saunders have opposed the motion. Vista's and Saunders's Objection to the Declaration of Jorge Casillas is overruled...

Excerpt: ...��SAC”) against Defendants City of Alhambra, Scott Burnside, Michael Brown, and JCC Venture LLC. On April 25, 2022, Plaintiff served a Deposition Subpoena For Production of Business Records on Los Angeles County District Attorney's Office (“LACDAO”), seeking “Any and all documents related to the Los Angeles County's District Attorney's file regarding criminal case number GA106008-02 . . . .” (Conlogue Decl., Ex. 1.) On May 13, 2022, LAC...

Excerpt: ..., Plaintiff Neman Brothers & Associates, Inc. renewed its judgment against Defendants Blue Point Textile, Inc. dba Magna Fabric; Farhad Kangavari aka Frahad Kangavari aka Farhad Kangavary, individually and dba CA Collection, and dba Magna Fabric; Veronica Gonzales aka Veronica G. Lozano; Farhad Kangavari and Veronica G. Lozano, The Trustees of the Veronica Living Family Trust Dated October 10, 2008; and White Coast, Inc. On April 28, 2022, Plaint...

Excerpt: ...paunchit Wiwatniwong aka Posey Chan (“Chan”), Bunthiwa Sae Tang, and Joy King. Plaintiff later dismissed King. On June 21, 2022, Plaintiff filed a motion for terminating sanctions and monetary sanctions against Chan. Chan did not file an opposition. On July 27, 2022, Plaintiff filed a second amended complaint Plaintiff seeks a terminating sanction Chan's answer and entering default against her due to misuse of the discovery process. A court m...

Excerpt: ...ion against Defendants United States Liability Insurance Company Inc. (“USLI”) and Schifrin Gagnon & Dickey Inc. On May 25, 2022, Schifrin Gagnon & Dickey Inc. (“Defendant”) filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Defendant's Objection Nos. 1-3 are overruled. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the Complaint, Answer, and Quitclaim Deed is g...

Excerpt: ...ed complaint (“SAC”) against Defendants Eun Hee Song, Restoration Unlimited Group, Inc., JNH Roofing, Inc. (“JNH”), Sean Soon Wook Lee, and Jay Hahm, alleging (1) breach of contract, (2) express indemnify, (3) fraud: intentional misrepresentation, (4) negligent misrepresentation, (5) negligence, (6) intentional misrepresentation, (7) bad faith breach of contract, (8) negligence, and (9) contribution. On July 6, 2022, Sean Soon Wook Lee (�...

Excerpt: ...s HCC Service Company Inc., Tokio Marine American Insurance Company, Tokio Marine Management Inc., and Cindy Chow-Snavely, alleging (1) disability discrimination; (2) violation of California Family Rights Act; (3) failure to reasonably accommodate disability; (4) failure to engage in a timely, good faith, interactive process; (5) retaliation; (6) failure to prevent discrimination and retaliation; (7) wrongful termination in violation of public po...

Excerpt: ...on against Defendants United States Liability Insurance Company Inc. and Schifrin, Gagnon & Dickey Inc. On May 24, 2022, United States Liability Insurance Company Inc. (“Defendant”) filed a motion for summary judgment, or in the alternative, summary adjudication. EVIDENTIARY OBJECTIONS Defendant's Objection Nos. 1-5 are overruled. REQUEST FOR JUDICIAL NOTICE Defendant's request for judicial notice of the Complaint, Answer, and Quitclaim Deed ...

Excerpt: ...ts LLC, Sherebourne Properties Inc., Ebson International Inc., Metropolis Beauty LLC, and others, alleging (1) breach of contract, (2) contribution, (3) money lent, and (4) unjust enrichment. On December 9, 2021, the Court sustained a demurrer as to Jason Dodo, Nicolas Bobroff, Sherebourne Properties Inc., Ebson International Inc., and Metropolis Beauty LLC without leave to amend. The Court sustained the demurrer as to Daniel Bobroff and Pro Conc...