Excerpt: ...he alternative, summary adjudication of the 1st (Civil Penalties Pursuant to the Private Attorneys General Act of 2004 (“PAGA”), Labor Code §§2698 et seq.) cause of action as asserted by Plaintiff Manuel Morales (“Morales”) (“Plaintiff”) in his complaint (“Complaint”). Defendant moves for summary judgment, or in the alternative adjudication, on the grounds that (1) Plaintiff's PAGA's cause of action based on Wage Order 14 fails ...

Excerpt: ...tement five court days in advance, apprising the Court of the status of the arbitration. Defendants Mercedes-Benz US, LLC (“Mercedes-Benz”) and Silver Star A.G. Ltd. (“Silver Star”) (collectively “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Mir Rafiq (“Rafiq”) (“Plaintiff”) and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; 9 U.S.C. §§1 et seq....

Excerpt: ... adjudication against Plaintiffs Piper Care Management aka Piper Care Management and Consulting, Inc. (“Piper”) and Geraldine Beutler (“Beutler”) (collectively, “Plaintiffs”) on their fourth amended complaint (“4AC”) on the grounds that the Plaintiffs cannot establish the essential elements of proximate causation and justifiable reliance with respect to their second cause of action for fraud, as well as their related sixth and sev...

Excerpt: ... Design House, Inc. (“Modern Design”) (collectively, “Defendants”) demur to the 5th (fraudulent representation under Civil Code §1710(1)) and 6th (fraud- suppression of fact under Civil Code §1710(3)) causes of action in the first amended complaint (“FAC”) of Plaintiff Carla Barboza (“Barboza”) (“Plaintiff”). Defendants demur on the grounds that the fifth and sixth causes of action fail to allege sufficient facts to constitu...

Excerpt: ...fendants to submit a proposed judgment of dismissal without prejudice within 10 court days. Specially Appearing Defendants Sorto Pallet Corp. (“Sorto Corp.”) and Kevin Sorto (“Sorto”) (collectively, “Defendants”) move for an order quashing the service of summons and complaint (“Complaint”) by Plaintiff Standard Pallets LLC (“Standard LLC”) (“Plaintiff”) for lack of personal jurisdiction. (Notice of Motion, pg. 2; C.C.P. §...

Excerpt: ... first amended complaint is moot. Defendants Carl Shaff (“Shaff”), Edwin Kawasaki (“Kawasaki”), Steven Radell (“Radell”), William Miller (“Miller”), William Janson (“Janson”), Caj Brejtfus (“Brejtfus”), and Lois Evans (“Evans”) (collectively “Moving Defendants”) move for summary adjudication of the 1st (civil conspiracy), 2nd (fraud), 4th (defamation), 5th (invasion of privacy), and 12th (intentional infliction of ...

Excerpt: ...une 12, 2023, at 8:30 a.m. The parties are directed to submit a joint statement five court days in advance, apprising the Court of the status of the arbitration. Defendants MJ Pictures, LLCs (“MJ Pictures”), Jean Elie (“Elie”), and Mike Gayo (“Gayo”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Whistle Sports, Inc. (“Whistle Sports”) (“Plaintiff”) and dismissing ...

Excerpt: ...n on December 21, 2022, regarding the competence of Plaintiff's declaration in support of the motion to expunge lis pendens. They may file simultaneous reply briefs of no more than five pages on or before January 3, 2023. Defendant Shahram Moussazadeh (“Moussazadeh”) (“Defendant”) moves for this Court to reconsider and vacate the Court's Order Dated October 31, 2022, on a motion to expunge lis pendens. (Notice of Motion, pg. 1; C.C.P §10...

Excerpt: ...rds are to appear within 15 days, unless otherwise agreed by the parties. If there is a claim of attorney‐client or work product privilege, Defendant is ordered to produce a privilege log. Plaintiff's request for monetary sanctions is denied. Plaintiff Cesar Cerero Zarate (“Cerero Zarate”) (“Plaintiff”), moves to compel Defendant General Motors, LLC (“General Motors”) (“Defendant”) to produce its Person(s) Most Qualified (“PMQ...

Excerpt: ...ant Kaufman Dolowich Voluck LLP is denied. Plaintiff's request for terminating sanctions is denied. Regarding defendants' request for monetary sanctions, the Court sets a hearing for Order to Show Cause pursuant to C.C.P. §128.5(c) on January 27, 2023 at 8:30 a.m. Plaintiff Edward M. Lyman III (“Lyman”) (“Plaintiff”) moves to strike Defendant Kaufman Dolowich Voluck LLP's (“KDV') verified answer (“Answer”) to Plaintiff's first amen...

Excerpt: ...rtner”), and Eric Steele (“Steele”) (collectively, “Plaintiffs”) move to amend the Judgment to add nonparty Stem Holdings, Inc. (“Stem”) as an additional defendant because Stem is successor in interest to Defendant Driven Deliveries, Inc. (“Driven Deliveries”) (“Defendant”). (Notice of Motion, pg. 2; C.C.P. §187.) Requests for Judicial Notice Plaintiffs' 9/8/22 request for judicial notice of Exh. A, Stem Holdings, Inc.'s, S...

Excerpt: ...n the amount of $5,000.00 within 10 days. Defendant Defendants Marriott International, Inc. (“Marriott”) and Noble-Interstate Management Group—California LLC (“Noble-Interstate”) [1] (collectively, “Defendants”) move for an order requiring an undertaking by Plaintiff Lauren Potter (“Potter”) (“Plaintiff”) to secure an award of Marriott's costs and fees. (Amended Notice of Motion, pg. 2; C.C.P. §1030.) Background On March 25...

Excerpt: ...laintiff”) moves unopposed for an order awarding him attorneys' fees and costs against Defendants Philip Camino (“Camino”), 1071 Glendon Partners, LLC (“1071 Glendon”), Camino Industries, LLC (“Camino Industries”), and Terry Tolba (“Tolba”) (collectively, “Defendants”) in the total amount of $101,745.00, jointly and severally, because Plaintiff is the prevailing party based on the stipulated judgment previously entered in th...

Excerpt: ...unty Superior Court. (See C.C.P. §399(a).) Defendant Cottage Health's motion to transfer venue is granted. Defendant Cottage Health (“Cottage”) (“Defendant”) moves for an order transferring venue of this action filed by Plaintiffs Joe Bourdeau (“Joe”) individually and as administrator of the Estate of Sandra Bourdeau, Sandra Bourdeau (“Sandra”) (“Decedent”) by and through her successor in interest Joe, and Shawna Bourdeau Wol...

Excerpt: ...ring, Inc., DBA Saber Foundations (“Saber”) (“Defendant”) moves for summary judgment, or in the alternative, summary adjudication of the 1st and 2nd causes of action in Plaintiff Oliver Banham's (“Banham”) (“Plaintiff”) second amended complaint (“SAC”). (Notice of Motion, pgs. 1-2.) Defendant moves for summary adjudication of both causes of actions on the following overlapping issues: (1) Plaintiff cannot establish thorough ad...

Excerpt: ... awarding it attorneys' fees and costs against Defendant Edwin Movagharian (“Movagharian”) (“Defendant”) in the total amount of $112,338.50 as the prevailing party in this action on a contract. (Notice of Motion, pg. 2.) Plaintiff's action arises from a $300,000 loan from Plaintiff to Defendant under a written promissory note dated January 1, 2014. (Second Amended Complaint [“SAC”] ¶1.) After a non-jury trial, this Court found Plaint...

Excerpt: ... Doe 1 and John Doe 2 (collectively, “Defendants”) move to vacate this Court's November 10, 2020, ruling (“Ruling”), unseal certificates of merit, and dismiss Plaintiff's action. (Notice of Motion, pg. 2; C.C.P. §§170.1, 340.1, 436, 1008; Code of Judicial Ethics, Canons 2, 3B; Cal. Const. art. I, §3; CRC Rules 2.550, 2.551, 3.1203, 3.1204.) Background Plaintiff James Lott (“Lott”) (“Plaintiff') filed his operative Complaint on Ma...

Excerpt: ...eenfield”) (“Defendant”) makes a special appearance to quash service of the summons and to request this Court to vacate the default entered against him by Plaintiff California Green World, LLC (“Green World”) (“Plaintiff”) on the operative complaint (“Complaint”). (Notice of Motion, pg. 1; C.C.P. §§418.10, 473.) Plaintiff filed the operative Complaint on June 8, 2020. The Complaint alleges three causes of action for (1) fraud,...

Excerpt: ...ff Carla D. Barboza to provide further responses to Construction Interrogatories (Set One) is granted in part. Further responses are to be provided within 15 days. Defendant Henry Garcia's motion to compel Plaintiff Carla D. Barboza to permit inspection of certain real property is granted in part. Inspection is to take place within 15 days. Defendant Henry Garcia's request for monetary sanctions is denied. Defendant Henry Garcia (“Garcia”) (�...

Excerpt: ...osenzweig, Michael Rosenzweig, Myra Rosenzweig, and Helen Schmidt is overruled. Defendant GHC of Upland, SNF, LLC, dba Heritage Park Nursing Center's motion to strike is denied. A. Demurrer Defendant GHC of Upland, SNF, LLC, dba Heritage Park Nursing Center (“Heritage”) (“Defendant”) demurs to the 1st (elder abuse) and 2nd (violations of resident's rights) causes of action in the first amended complaint (“FAC”) of Plaintiffs Elisa Ris...

Excerpt: ...Defendants Oliver Moussazadeh (“Oliver”), Alexander Moussazadeh (“Alexander”), Revilo Realty, Inc. (“Revilo Realty”), Alimon Williams (“Williams”), Garth St. George Davis (“Davis”), and Kyle Lynn Boseman (“Boseman”) (collectively, “Defendants) move to tax costs requested by Plaintiff Alexa Brown (“Brown”) (“Plaintiff”). (Notice of Motion, pg. 1.) Background Plaintiff's complaint arises from the sale of her house ...

Excerpt: ... Milliken, Clark, O'Hara & Samuelian (“Parker Milliken”) (“Defendant”) moves for summary judgment against Plaintiffs Benjamin Chui (“Benjamin”) and Margaret Chui-Lee (“Margaret”) as co-trustees of the King Wah Chui and Chi May Chui Declaration of Trust Dated March 11, 1988 as Amended by Complete Amendment of the Declaration of Trust Dated May 21, 1999, as Amended (collectively, “Plaintiffs”) on their second amended complaint (...

Excerpt: ...ty Mutual Fire Insurance Company's Person(s) Most Knowledgeable is to appear and produce documents within 15 days, unless otherwise agreed by the parties. Petitioners' and Respondent's requests for monetary sanctions are denied. Petitioners Jesse Rios (“Rios”) and Lydia Rodriguez (“Rodriguez”), (collectively, “Petitioners”), move to compel Respondent Liberty Mutual Fire Insurance Company (“Liberty Mutual”) (“Respondent”) to pr...

Excerpt: ...rvenor”) moves for leave to intervene in the instant matter based on Intervenor's claim of an interest relating to the property or transaction that is the subject of the action and Intervenor is so situated that the disposition of the action may impair or impede Intervenor's ability to protect that interest, and Intervenor's interest is not being adequately represented by Plaintiff Adam Ambruso, individually and as Trustee of the Adam Ambruso R...

Excerpt: ..., 2023, 2023 at 8:30 a.m. The Administrator is ordered to submit a report five court days in advance of the hearing. Plaintiffs Luis Pantoja Trujillo (“Trujillo”), Jesus Santos (“Santos”), and Alex Siu Lemus (“Lemus”) (collectively, “Plaintiffs”) move for an order approving their Settlement Agreement and Release of PAGA Claims (“Settlement”) with Defendant Uma Enterprises, Inc. (“Defendant”). (Motion, pg. 2; Supp-Decl. of ...