Excerpt: ...py of the Settlement and instant motion to the LWDA at the same time they were submitted to the Court. 2. Plaintiff is to attach a copy of the Settlement Agreement for the Court's Plaintiff Edgar Montes ("Montes") ("Plaintiff') moves for a final order approving the class action and PAGA penalty settlement with A G Construction aka AG Construction, Inc. ("AG Construction") ("Defendant"). (Notice of Motion, pg. 1.) Mohon to Approve PAGA Settlement ...

Excerpt: ...tions of the Declaration of Wagner in support of Motion in Limine No. 1 filed 9/21/22, Exhibits 15, 16, 17, and 18; (2) Portions of the Declaration of Wagner in support of Motion in Limine No. 2 filed 9/21/22, Exhibits 3, 4, and 6; (3) Portions of the Declaration of Wagner in support of Motion in Limine No. 3 filed 9/21/22, Exhibits 1, 2, and 3; (4) Portions of the Declaration of Wagner in support of Motion in Limine No. 4 filed 9/21/22, Exhibits...

Excerpt: ...dants/Cross Complainants Jon Gimbel ("Gimbel"), Anthony Guagliano ("Guagliano"), and Gallant Capital Partners, LLC ("Gallant) (collectively, "Defendants'), move to compel non-party Tom Gores ("Gores") to appear for deposition on the basis that he (1) possesses unique knowledge of material disputed facts, his testimony is both "relevant to the subject matter of the action" and "reasonably calculated to reveal admissible evidence," and thus discove...

Excerpt: ...oenas that are recoverable in this action. Defendants Robert K. Barth ("Barth") and East-wind Financial, LLC ("Eastwind") (collectively, "Defendants") move to tax costs requested by Plaintiffs Haderway PTC, LLC ("Hadervvaf) and BPSB Portfolio, LP ("BFSB") (collectively, "Plaintiffs") on grounds that depositions taken in the Brighton case and subpoenas issued in the Brighton case are not recoverable in this action. (Motion Tax Costs, pgs. 9- 11.) ...

Excerpt: ...n, pgs. 2-3.) Plaintiff moves for prejudgment interest from Defendants YoY o Amon ("Amon") and Amber Farr ("Faro (collectively, "Defendants") followmg a court trial held on September 20, 21, and October 7, 2022, and this Court's filing of its Statement of Decision on February 27, 2023, for Plaintiff against Defendants in $163,239.06 in damages. (Motion, pg. 1; Statement of Decision; Proposed Judgment) Civil Code 553287@) and 32890 Civil Code 5328...

Excerpt: ...est of $173,675.67, pursuant to Civil Code SS3287, et seq. (Notice of Motion, pg. 2; Reply Decl. of Garcia Plaintiffs move for prejudgmentinterest from Defendants Monica Acosta CAcosta"), DLI Properties, LLC ("DLI"), and Strategic Realty, Inc. ("Strategic Realty') (collectively, "Defendants") following this Courts entry of its Final Statement of Decision on February 16, 2023. (Motion, pg. 1.) Plamtiffs filed the instant motion on March 13, 2023. ...

Excerpt: ...nst Defendants Oliver Moussazadeh ("Olivero, Alexander Moussazadeh ("Alexander"), Revilo Realty, Inc. ("Revilo Realty"), Alimon Williams ('Williams"), Garth St George Davis ("Davis"), and Kyle Lynn Boseman ("Boseman") (collectively, the "Broker Defendants'), jointly and severally, in the amount of $238,134.00 representing a lodestar of S158,756.00 and a 1.5 multiplier enhancement, pursuant to C.C.P. 5998 settlements reached bet•vveen Plaintiff ...

Excerpt: ...and Defendant Urban Expressions, Inc. ("Urban Expressions") ("Defendant) in the mstant Proposition 65 action pursuant to Health & Safety Code "25249.5, etseq. (Notice of Motion, pg. 2.) Plaintiff seeks the Courts approval of the settlement reached in an action involving alleged violations of Proposition 65 by Defendant regarding Defendants (1) Handbag with Plastic Components; (2) Shoulder Bag with PVC Components; (3) Totebag with Polymer Componen...

Excerpt: ...rst amended complaint for Plaintiffs failure to post a bond is denied. Defendant Defendants Marriott International, Inc. ("Marriott") and Noble-interstate Management Group—California LLC ("Noble-Interstate") (collectively, "Defendants") moved for an undertaking, which motion was granted in January, and thereafter moved for dismissal of Plaintiff Lauren Potter's ("Potten ("Plaintiff') operative first amended complaint ("FAC") against Defendants ...

Excerpt: ...hant Banque, Inc.'s motion to set aside/vacate judgment is denied. Plaintiff KMI Group, Inc. ("KMI") ("Plaintiff') moves unopposed for an order awarding it attorneys' fees in the amount of $85,488.00 and fixing prejudgment interest in the amount of $1,452,536.99 against Defendants PostD Merchant Banque, Inc. ("PDMB"), Richard Scott Dvorak ("Dvorak"), Donald Demery Diaz ("Diaz"), GEC Explorations, Inc. ("GEC"), Coleman Ferguson ("Ferguson"), and S...

Excerpt: ...h causes of action with 20 days leave to amend. Defendant's demurrer is sustained as to the 5th and 6th causes of action without leave to amend. Defendant McDonald's Restaurants of California ("McDonald's") ("Defendant') demurs to the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 10th, and 11th causes of action in their entirety in Plaintiff Amelia Arevalo's first amended complaint and demurs to the 9th and 12th causes of action in part. (Notice of Demurrer...

Excerpt: ...n (Issue Nos. 1-7, 9-15, 17-23 and 25-31). Given the Court's ruling, the Court does not address Issue Nos. 8, 16, 24 and 32. Defendants Kaufman Dolowich Vorluck LLP CKDV"), Courtney E. Curtis aka Courtney Cutis-Ives ("Curtis"), Barry Z. Brodsky ("Brodsky"), and Andrew Waxler ('Waxlef) (collectively, "Defendants") move for summary judgment against Plaintiff Edward M. Lyman III ("Lyman") ("Plaintiff) on his first amended complaint ("FAC") on the gr...

Excerpt: ...rtiz") ("Plaintiff') moves to quash the subpoena for production of business records sewed on The Gill Corporation ("Gill") by Defendants Arconic Inc., Arconic Global Fasteners & Rings Inc., Howmet Aerospace, Inc., and Arconic Corp. (collectively, "Arconic") (collectively, "Plaintiffs") on the grounds that the subpoena seeks employment records from a witness that is not Plaintiffs current or former employer in violation of C.C.P S1985.6(a)(3), and...

Excerpt: ...ional Robertson Carwash Care Inc.'s (“NRCCI”) (“Plaintiff”) first amended complaint (“FAC”) in its entirety on the grounds that the person who filed the pleading does not have legal capacity to sue, the FAC fails to state facts sufficient to constitute a cause of action, the pleading is uncertain, and it cannot be ascertained from the pleading whether the contract is written, oral, or implied by conduct. (Demurrer, pg. 1; C.C.P. §§4...

Excerpt: ... in part. The following portion shall not be sealed: pgs. 1 and 11. Otherwise the motion is granted. Defendants Jon Gimbel (“Gimbel”), Anthony Guagliano (“Guagliano”), and Gallant Capital Partners, LLC (“GCP”) (collectively, “Defendants”) move unopposed for an order sealing several exhibits supporting their motion for summary judgment, or, in the alternative, summary adjudication. (Notice of Defendants' Motion, pg. 2; CRC, Rules 2...

Excerpt: ...t, 7th and 15th causes of action. Defendants Benson Williams II's, US Storage Centers, Inc.'s, Westport Properties, Inc.'s, and Hawthorne Mini Venture, LLC's demurrer to Plaintiff Wesley Robbins' 6th and 7th causes of action in his second amended complaint is sustained without leave to amend as to the allegation of Defendant Williams acting in his official capacity, which is disregarded by the Court, and the Court takes judicial notice of the ori...

Excerpt: ...lls, LLC (“SAS”) (“Plaintiff”) moves unopposed for an order awarding attorneys' fees and costs against Defendant Barbara Jones (“Jones”) (“Defendant”). (Notice of Motion, pg. 1.) Specifically, Plaintiff seeks attorneys' fees in the total amount of $46,740.00 as well as costs and expenses in the amount of $4,249.55 for a total amount requested by this motion of $50,989.55. (Notice of Motion, pg. 1.) Background On July 8, 2020, Plai...

Excerpt: ...amates (“Teresa”) (collectively, “Defendants”) demur to Plaintiff Leticia Gonzalez's (“Gonzalez”) (“Plaintiff”) Complaint. (Notice of Demurrer, pgs. 1-2.) This action arises out of Plaintiff's alleged tenancy at residential property located at 430 Sloat Street, Los Angeles, California, 90063 (“Subject Property”). (Complaint ¶1.) Plaintiff alleges at all times she satisfied her respective lease and was in lawful possession of ...

Excerpt: ...set aside the unlawful detainer entry of default, default judgment entered against her, and writ of possession brought by Plaintiff Hobart Properties, LLC (“Hobart”) (“Plaintiff”) in this action. (Notice of Motion, pgs. 1-2; C.C.P. §§473(b), (d), §473.5, §128(a)(8).) Defendant Hilda moves to set aside the default and judgment on the grounds of Defendant's “surprise, mistake, excusable neglect, or inadvertence,” that default was en...

Excerpt: ...moval Specialist, Inc. (“IRS”) (“Defendant”), moves for an order compelling arbitration of Plaintiff Jose Campos' (“Campos”) (“Plaintiff”) individual claims and individual California Private Attorneys General Act of 2004 (“PAGA”) claim in this action and dismissing Plaintiff's representative claims on behalf of other allegedly aggrieved employees. (Notice of Motion, pg. 2.) C.R.C. Violations The C.R.C. contemplates only moving...

Excerpt: ...��Antillon”) (“Plaintiff”) moves for an order awarding attorney fees and costs pursuant to Civil Code §1794(d) against Defendant Kia America, Inc. [fka Kia Motors America, Inc.] (“KA”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §1794(d).) Specifically, Plaintiff seeks attorneys' fees in the total amount of $34,727.00 with no lodestar multiplier as well as costs and expenses in the amount of $2,362.36 for a total amount req...

Excerpt: ...s 12/9/2022 Minute Order is granted. Plaintiff is to produce responsive documents and provide Defendant with code‐compliant responses within 15 days of this Court's ruling. Defendant's request for sanctions against Plaintiff is granted in the reduced amount of $2,000.00. Plaintiff's request for sanctions against Defendant is denied. Defendant Philippine Foodtrade Corporation (“PFC”) (“Defendant”) moves for an order compelling Plaintiff ...

Excerpt: ...ation on March 4, 2024, at 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendant Nissan North America, Inc. (“Nissan”) (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiffs Jessica Ceren aka Jessica Bail (“Jessica”) and Raul Ceren Bolanos aka Raul Ceren (“Raul”) (collectively, “Plaintiffs”) and staying the action pending compl...

Excerpt: ...orp d/b/a Wellspring Meds (“Wellspring”) (“Defendant”) in the instant Proposition 65 action pursuant to Health & Safety Code §§25249.5, et seq. (Notice of Motion, pg. 2.) Plaintiff seeks the Court's approval of the settlement reached in an action involving alleged violations of Proposition 65 by Defendant with respect to “WELMATE Urinary Pain Relief” (“Covered Product”) sold by Defendant that allegedly exposes consumers to Phena...

Excerpt: ...equest for sanctions is denied. Plaintiff Jennifer Hua (“Hua”) (“Plaintiff”) moves for an order compelling Defendant Western Asset Management, LLC (“WAM”) (“Defendant”) to provide further responses to Plaintiff's Request for Production of Documents (Set Six) (“RFP”), Nos. 250-257, 260-261, and 262-263. (Notice of Motion, pg. 2; Reply, pg. 6; C.C.P. §2031.280 et seq.) Plaintiff further requests sanctions against Defendant and ...

Excerpt: ...Tukes”) (“Defendant”) moves for an order awarding her attorney's fees and costs on appeal against Plaintiff Pierre Richard (“Richard”) (“Plaintiff”) in the total amount of $56,898.00. (Notice of Motion, pg. 2; C.C.P. §425.16(c).) Background Plaintiff and Defendant Tukes' mother are each 50% beneficiaries of the Adeline R. Bennett, M.D. Trust (“the Bennett Trust”). Defendant Tukes is not a beneficiary of the Trust. (Decl. of Fri...

Excerpt: ...“Plaintiff Randy”), in their capacities as individuals and Trustees of the Patricia A. Colby Trust, (collectively, “Plaintiffs”) move for an Order entering judgment, in favor of Plaintiffs and against Defendant Juan Puga Suarez (“Defendant Suarez”), pursuant to the terms of the settlement agreement signed by the parties on approximately August 8, 2020, and pursuant to the legal authority enumerated within Code of Civil Procedure secti...

Excerpt: ...tiffs are ordered to pay $2,268.75 to Defendant within 15 days. Defendant Jaguar Land Rover North America, LLC (“Defendant”) moves for an Order compelling Plaintiffs Thomas and Ilana Jones (collectively, “Plaintiffs”) to produce the Subject Vehicle for expert inspection, in compliance with the Court's previous October 12, 2022 Order. Background The present action arises from Plaintiffs' lease of a new 2019 Land Rover RR SPT HSE MHEV (here...

Excerpt: ..., at 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendants Monsters Ink, LLC (“Monsters”) and Philip Kim (“Kim”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Dominie Lee (“Lee”) (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §12...

Excerpt: ...udgment. Specifically, Plaintiff requests the Court seal Exhibits 3, 7, 11, 12 and 18 of Defendant's Opposition to Summary Judgment. (Supplemental Brief, pg. 3, Revised/Reduced Exh. A.) Plaintiff offers proposed redactions for the public file. Request for Judicial Notice Plaintiff's 10/6/2022 request for judicial notice of the 8/23/22 Stipulation and Order to Seal Records in Chraghchian v. Erickson International, LLC, Case No. A-20-823779-B in th...

Excerpt: ...., jointly and severally, to pay monetary sanctions in the amount of $3,850 to Defendant, by and through counsel for Defendant, within 30 days of notice of the Court's orders. Defendant Geico General Insurance Company (“Defendant”) moves the Court for terminating sanctions and monetary sanctions against Plaintiffs Ryan Thomas Cleary and Lora Peterson (collectively “Plaintiffs”) pursuant to Code of Civil procedure section 128.7 because Pla...

Excerpt: ...n 473, subdivision (a)(1). (Code Civ. Proc., § 473, subd. (a)(1).) Plaintiff's operative Complaint presently alleges the following two (2) causes of action under the Song-Beverly Consumer Warranty Act (Civ. Code, §§ 1790, et seq.): (1) Breach of Implied Warranty of Merchantability; and (2) Breach of Express Warranty. By virtue of Plaintiff's present Motion, Plaintiff seeks to amend the operative Complaint by adding a third cause of action for ...

Excerpt: ...s Jyla Elsa Corral, Rafael Corral, Jonaven Hess Corral, Rafael Corral, Jayben Cali Corral, and Jocelyn Corral (collectively “Plaintiffs”). Defendant argues that each cause of action is uncertain and fails to state facts sufficient to state a cause of action. Judicial Notice Defendant requests the court to take judicial notice of (1) California Highway Patrol's Traffic Crash Report of the incident; (2) Records obtained from the U.S. Department...

Excerpt: ...of action, and sustained without leave to amend as to the seventh cause of action. Defendants' motion to strike is denied as moot. Defendants Blue Lagoon Textile, Inc. (“Blue Lagoon”) and Kamran Amirianfar (“Amirianfar”) (collectively, “Defendants”) demur to the first (breach of contract), sixth (dishonored check) and seventh (breach of contract by dishonored check) causes of action in the complaint of Plaintiff Payman Fabric, Inc. (�...

Excerpt: ...ts Cuckoo Homesys Co. Ltd (“Homesys”), Cuckoo Rental America, Inc. (“CKRA”), Cuckoo Electronics America, Inc. (“CEA”), and Michael Won Jun Yi (“Yi”) (collectively, “Defendants”) demur to the 4 th (fraud), 6 th (intentional misrepresentation), 7 th (concealment), 8 th (negligent misrepresentation), 10 th (conspiracy to defraud), 11 th (breach of fiduciary duty), 12 th (constructive fraud), and 13 th (misappropriation of trade s...

Excerpt: ...ushi, counsel for Defendant Husni Othman (“Defendant”), in the amount of $6,660.00. (Notice of Motion, pg. i.) Plaintiff moves pursuant to California Code of Civil Procedure § 128.7. Background On July 21, 2021, Plaintiff Westlake Services, LLC dba Westlake Financial Services (“Plaintiff”) filed a complaint against Husni Othman (“Defendant” for purposes of this motion) and Roxanne Auto (collectively, “Defendants”), alleging cause...

Excerpt: ...ting $34,223.00 in fees and a 1.5 lodestar multiplier of $17,111.50. (Notice of Motion, pg. 1.) Evidentiary Objections Defendant's evidentiary objections to the Exhibits attached to the Declaration of Richard M. Wirtz and the Exhibits attached to the Declaration of Norman Taylor are overruled. Plaintiff's evidentiary objections Nos. 1-5, 7-16, 17 (sustained as to “This isn't negotiating. . ., otherwise overruled), and 18 are overruled and Nos. ...

Excerpt: ... days, and overruled as to the 2nd cause of action. Defendant Alfred Palafox (“Palafox”) (“Defendant”), in pro per, demurs generally to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action in Plaintiff John Murray's (“Murray”) (“Plaintiff”) second amended complaint (“SAC”). Defendant Palafox demurs on the grounds that the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action of the SAC fail to state sufficient facts to constitute...

Excerpt: ...rt enter an order of dismissal with prejudice of Defendants is granted. This action is a commercial landlord-tenant dispute. Plaintiffs Coffee + Food, LLC, (“Coffee”) and Art Works Studio & Classroom, LLC, (“Art”) (collectively, “Plaintiffs”) filed their First Amended Complaint (“FAC”) on August 12, 2019, alleging breach of contract (1st and 2nd causes of action), specific performance (3rd and 4th causes of action), intentional in...

Excerpt: ...�) and R.O.A.R. Management Company, Inc. (“ROAR”) (collectively, “Cross-Complainants”) move for leave to file a first amended cross-complaint (“FACC”) in this action. (Second Notice of Revised Motion, pgs. 1-2; C.C.P. §§473, 576; C.R.C., Rule 3.1324.) Background On March 29, 2022, Plaintiff Healthcare Management Associates, Inc., individually and derivatively on behalf of Healthcare Financial Solutions, LLC, (“HMA”) (“Plaintif...

Excerpt: ...bmit a proposed judgment of dismissal with prejudice within 10 court days. Plaintiff Miguel Zelidon's request for sanctions against Defendant Gail Dandy is denied. Defendant Dandy's motion to compel arbitration of Plaintiff's claims in this action is denied as moot. Defendant Ground Services International Incorporated's motion to compel arbitration of Plaintiff's claims in this action is granted. The case is stayed pending arbitration. The matter...

Excerpt: ...”) and BCH Enterprises, LLC (“BCH”) (collectively, “Defendants”) on its complaint. (Notice of Motion, pg. 2; C.C.P. §437c; Evid. Code §§451(e), (f); §§452(c), (d), (g), (h); §§453(a), (b); §454(a); §§455(a), (b).) Request for Judicial Notice Plaintiff's 6/7/2022 request for judicial notice of the Certificate of Status as to BCH Enterprises LLC issued by the California Secretary of State is granted. (P-RJN, Exh. F.) Procedural ...

Excerpt: ...ion on February 8, 2024, at 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendant Nissan North America, Inc. (“NNA”) (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiffs Maritza Parra (“Maritza”) and Samuel Parra (“Samuel”) (collectively, “Plaintiffs”) and staying the action pending completion of arbitration. (Notice of Motio...

Excerpt: ...“Complaint”) of Plaintiff Alwants, LLC (“Alwants”) (“Plaintiff”). (Notice of Demurrer, pgs. 1-2.) Background On September 20, 2022, Plaintiff filed its operative against Defendant BloqUV and non-moving Defendant APS El Salvador S.A. de C.V. (“APS”) in the instant action alleging two causes of action: (1) declaratory relief, and (2) damages and indemnity arising from a series of orders Plaintiff alleges Defendant BloqUV placed with...

Excerpt: ... Inc.'s request for monetary sanctions is granted in the amount of $1,025.00. Cross‐Defendant KGM3's motion to compel Cross‐Complainant to provide further responses to its Special Interrogatories (Set One) is granted. Further responses are to be provided within 15 days. Cross‐Defendant KGM3's request for monetary sanctions is granted in the amount of $2,625.00. Cross-Defendant CMS Construction, Inc. (“CMS”) (“Cross-Defendant”) moves...

Excerpt: ...efendant Carla Barboza (“Barboza”) (“Cross-Defendant”) demurs generally and unopposed, to the cross-complaint (“CC”) of Cross-Complainant H&E Builders Services, Inc. (“H&E”) (“Cross-Complainant”) and demurs specially to the 1st, 2nd, 3rd, 4th, 5th, and 6th causes of action of the CC on the grounds that the various causes of action fail to allege facts sufficient to constitute viable causes of action. (Notice of Demurrer, pg. 1...

Excerpt: ...t for sanctions is denied. Plaintiff Kaden Sanchez (“Sanchez”) (“Plaintiff”) moves for an order compelling Defendant Turner's Operations, Inc. (“Turner”) (“Defendant”) to comply with its responses to Plaintiff's Requests for Production of Documents (Set One). (Notice of Motion, pg. 1; C.C.P. §2031.320.) Plaintiff also requests an award of sanctions against Defendant in the amount of $8,181.65. (Notice of Motion, pg. 1.) Backgroun...

Excerpt: ...- Complainant”) moves unopposed for leave to file a first amended cross-complaint (“FACC”) in this action. (Notice of Motion, pgs. 1-2; C.C.P. §473; C.R.C., Rule 3.1324(a).) Specifically, the FACC will: (1) add BMW Nationwide Security, Inc. as a named Cross-Defendant in the FACC's third cause of action for contribution; (2) add BMW Nationwide Security, Inc. as a named Cross-Defendant in the fifth cause of action for contractual indemnity; ...

Excerpt: ...t 8:30 a.m. The parties are ordered to file a joint status report five court days in advance of the hearing. Defendants Monsters Ink, LLC (“Monsters”) and Philip Kim (“Kim”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Dominie Lee (“Lee”) (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §1281....

Excerpt: ...to file a second amended complaint (“SAC”) in this action. (Notice of Motion, pg. 2; C.C.P. §§473, 576.) Specifically, the SAC will: (1) add a fourth cause of action for breach of contract against Defendants Jon Gimbel (“Gimbel”) and Anthony Guagliano (“Guagliano”), and (2) adds Gallant Capital Partners I, LP, Gallant Capital Partners GP I, LP, and Gallant Capital Partners GP II, LP as additional defendants to the existing second ca...