Excerpt: ...ario Galicia (“Galicia”) and Daniela Espinosa De Los Monteros Gonzalez aka Daniela Espinosa (“Espinosa”) (collectively, “Plaintiffs”) move for an order compelling Defendant American Honda Motor Co. (“Defendant”) to provide further responses to Requests for Production of Documents (Set One) Nos. 30, 31, 32, and 33. (Notice of Motion pg. 1; Separate Statement.) In addition, Plaintiffs request monetary sanctions against Defendant and...

Excerpt: ...��McLear US”) moves for leave to file an amended answer to the second amended complaint (“SAC”) of Plaintiff Esos Rings, Inc. (“Plaintiff” or “Esos Rings”). McLear US moves to amend its answer to assert an additional affirmative defense of “a good faith transferee pursuant to C.C.P. §3439.08” to Plaintiff's fraudulent transfer claim. Defendant filed the instant motion on March 29, 2022. On June 8, 2022, Defendant filed a Notice...

Excerpt: ...0 days and as to the 3 rd and 4 th (as to Steve, Randi, and CMS) causes of action without leave to amend. A. Motion to Strike Cros-Defendants Craig Steven Den Besten (“Steve”), Randi Den Besten (“Randi”), KGM3 LLC (“KGM3”), and CMS Construction, Inc. (“CMS”) (collectively “Cross-Defendants”) move to strike the first amended cross-complaint (“FACC”) of Cross-Complainant Lewis Seiden (“Seiden”). Cross- Defendants move to...

Excerpt: ... motion. Plaintiff is to submit a Proposed Judgment within 10 Court days. Plaintiff Michael Morris (“Plaintiff”) moves for an order enforcing the settlement between Plaintiff and Defendants BaronHR Security, Inc. (“BaronHR”), Fortress Worldwide, Inc. (“Fortress”), BaaronHR Group, LLC (“BHR Group”), and BaronHR, LLC (“BHR LLC”) (collectively, “Defendants”) (“Settlement”). (Notice of Motion, pg. 2; C.C.P. §664.6.) Speci...

Excerpt: ...ainst Defendants Yo Yo Amon (“YYA”) and Amber Farr (“Farr”) (collectively, “Defendants”). Plaintiff moves on the grounds that there are no triable issues of material fact. (Notice of Motion, pgs. 1-2.) Defendants' 7/20/22 evidentiary objection to evidence Plaintiff submitted in support of its reply is sustained. The Court notes Plaintiff moves only for summary judgment and does not, in the alternative, move for summary adjudication of...

Excerpt: ...s action brough by Plaintiff Westlake (“Plaintiff”). [1] Defendant moves to set aside default on the following grounds: (1) it was entered as a result of his mistake, inadvertence, surprise, and/or excusable neglect; (2) service of the summons did not result in actual notice; and/or (3) the judgment and/or entry of default is void . (Motion, pg. 1; C.C.P. §§473(b), 473.5, 473(d).) The Court notes the instant motion is brought by Defendant a...

Excerpt: ...Claimant Andrew Xavier Sandoval Najera (“Andrew”), Petitioner Elva Hernandez (“Hernandez”), on behalf of Claimants Atzli Lizbeth Najera (“Atzil”), Liam Adrian Najera (“Liam”), and William Rafael Najera (“William”), Petitioner Alfredo Najera Bahena (“A. Bahena”), on behalf of Claimant Dylan Alfredo Najera Erazo (“Dylan”), and Petitioner Mayra Calleja Bahena (“M. Bahena”) on behalf of Claimants Leilany Michelle Farfa...

Excerpt: ... the Amended Consent Judgment on September 1, 2022. Plaintiff Ecological Alliance, LLC (“Plaintiff”) moves for an order approving and entering the [Proposed] Stipulated Consent Judgment (“Consent Judgment”) between Plaintiff and Defendant Colart Americas, Inc. (“Defendant”) in the instant Proposition 65 (“Prop 65”) action pursuant to Health & Safety Code §25249.7(f). (Notice of Motion, pg. 2.) Plaintiff seeks the Court's approval...

Excerpt: ...ember 27, 2022. A final status conference is set for September 16, 2022. A. Motion to Set Aside Default Cross-Defendant Howard Fuchs (“Fuchs”) moves to set aside the default entered against him on the cross-complaint of Cross-Complainants Joel Wertman (“Wertman”) and Mustard Pancakes (“MP”) (collectively, “Cross- Complainants”). Fuchs moves on the grounds that extrinsic mistake existed in taking the default against him and that th...

Excerpt: ...roposed order (and attached Class Notice) correcting the issues addressed in the ruling by August 29, 2022. Plaintiffs Jorge Montes aka Jorge Montes Silva (“Silva”) and Edgar Montes (“Edgar”) (collectively, “Plaintiffs” or “Named Plaintiffs”) move for an order granting preliminary approval of the proposed settlement with Defendant AG Construction aka AG Construction, Inc. (“Defendant”) on the terms and conditions set forth in ...

Excerpt: ...ons, Inc. fka Solarcity Corporation (“Defendant”) moves to compel Plaintiff General Insurance Company of America, as subrogee of Weizong Huang (“Huang”) and Xiaohua Li (“Li”) (collectively, “Plaintiff”) to produce documents requested in Defendant's Request for Production (“RFP”) (Set One) pursuant to C.C.P. §2031.310. (Notice of Motion, pgs. 1-2.) Defendant also requests monetary sanctions in the amount of $2,200 in connectio...

Excerpt: ...ide Default Defendant Stephen Snyder (“Defendant”) moves the Court to set aside the default entered against him on July 2, 2021 as to the Complaint. The court notes that Defendant's motion to set aside is moot, as Plaintiff Mary Elizabeth Wade (“Plaintiff”) filed the First Amended Complaint (“FAC”) after default was entered against Defendant as to the Complaint. Accordingly the Court orders the default entered as to the complaint vaca...

Excerpt: ...Leon Elster, Inc. (“LEI”) (“Defendants”) move for an order striking the first amended complaint (“FAC”) of Plaintiff Leon Elster on behalf of himself and other shareholders of Leon Inc. (“Plaintiff”) in its entirety based on Plaintiff's failure to comply with the Court's January 7, 2022 ruling compelling Plaintiff to add indispensable party Leon Elster, Inc. Defined Benefit Pension Plan (“Pension Plan”) as a defendant within 1...

Excerpt: ...or judgment on the pleadings as to the 1 st (declaratory relief) and 2 nd (equitable estoppel) causes of action in the complaint of Plaintiffs Integral Associates Dena, LLC (“Integral”) and Harvest of Pasadena, LLC (“Harvest”) (collectively, “Plaintiffs”). The Court notes in opposition Plaintiffs concede “equitable estoppel” is not a valid cause of action and argue that they intended to assert a cause of action for promissory esto...

Excerpt: ...n to strike is moot. A. Demurrer Defendants Raydien Wu, erroneously sued as Mr. R. Wu, (“Raydien”) and Ming Ping Wu, erroneously sued as Mr. M. Wu, (“Ming”) (collectively, “Defendants”) demur to the 1 st (breach of contract), 2 nd (theft of property), 3rd (retaliatory harassment), and 4 th (intentional infliction of emotional distress (“IIED”)) causes of action in the complaint of Plaintiff Sherman C. White (“Plaintiff”). Defe...

Excerpt: ...e corrected Award. Petitioners Patricia Ramirez (“Ramirez”) and Maxres, Inc. (“Maxres”) (collectively, “Petitioners”) petition the Court to confirm the February 10, 2021 Arbitration Award (“Award”) rendered by the Arbitrator the Honorable David H. Brickner (“Arbitrator”) against Respondent Il Ju Hur (“Respondent”) and enter judgment in accordance therewith. (Petition, ¶¶1, 6, 8, 10.) Specifically, Petitioners move the Co...

Excerpt: ...ys. Defendant's unopposed request for an award of monetary sanctions against Ball Cross‐ Defendants is granted in the reduced amount of $1,861.65, payable within 10 days. Defendant and Cross-Complainant Gregory Alan Foster (“Foster”) moves to enforce the Court's April 11, 2022 Order (“Order”) against Plaintiff and Cross-Defendant Big Baller Brand, LLC (“BBB”), and Cross-Defendants Lavar Anderson Ball (“Lavar”), Ball Sports Group...

Excerpt: ...s trustee of Frederick S. Latsko Declaration of Trust dated November 30, 2006 (“Defendant”) in the total amount of $378,052.50 purportedly reflecting $249,435 of fees incurred plus $2,600 in fees anticipated to be incurred ($252,035 total), plus a lodestar enhancement multiplier of 1.5, equal to an enhancement of $126,017.50. (Notice of Motion, pg. 2, Motion, pg. 7.) The Court notes the invoice attached as Exhibit A does not include the 4 hou...

Excerpt: ...set forth in the Amended Judgment of Defendant Midwell Estates Holdings Company (“Midwell”) against Plaintiff. (Notice of Motion, pg. C.P. §473(b). [The Court notes while the Notice of Motion refers to striking the Amended Judgment in its entirety, the motion makes clear that Plaintiff seeks to strike the costs awarded in Midwell's favor in the Amended Judgment, the key difference between it and the initial Judgment.] In addition, on June 15...

Excerpt: ...ysco Corporation (“Sysco Corp.”) moves for an order transferring venue from the Los Angeles Superior Court to the Riverside County Superior Court, pursuant to C.C.P. §§395, 395.5, 397 and Gov. Code §12965(a). (Notice of Motion, pg. 2.) Defendant also requests an award of reasonable expenses and attorneys' fees against Plaintiff Christine L. Westfall (“Plaintiff”) and her counsel Strategic Legal Practices, APC (“SLP”) in the amount ...

Excerpt: ...cate the default entered against her in this action brought by Plaintiff Mary Basurto (“Plaintiff”) pursuant to C.C.P. §473(b). Defendant moves to vacate the default on the grounds it was taken as the result of Defendant's inadvertence, surprise, mistake, or excusable neglect. (Motion, pg. 1-2.) Background On October 29, 2021, Plaintiff filed her complaint against Defendant, her daughter, alleging causes of action for resulting trust, constr...

Excerpt: ...(collectively, “Defendants”) move for summary judgment against Plaintiff Edna Herrarte-Giron (“Plaintiff”) on the first amended complaint (“FAC”). In the alternative, Defendants move for summary adjudication on the 1 st (negligence) [Issues Nos. 1‐3] and 2 nd (premises liability) [Issues Nos. 4‐6] causes of action. Specifically, Defendants moves for summary adjudication of both causes of action on the following overlapping issues:...

Excerpt: ...oves to compel Defendant Arconic, Inc. (“Defendant” or “Arconic”) to provide further responses to Special Interrogatories (Set One) Nos 1-151. Plaintiff also requests an award of monetary sanctions against Defendant and its attorneys of record in the total amount of $5,500. In opposition, Defendant requests monetary sanctions against Plaintiff in the amount of $3,268. (Opposition, pg. 19.) Plaintiff's 9/7/21 request for judicial notice is...

Excerpt: ...n error, Court directs Plaintiff file an amended Proposed Judgment that removes references to “Atticus” and instead refers to the administrator as Simpluris, within 5 court days; or provide an explanation as to Atticus's role in the instant action. Plaintiff Mario Salgado (“Plaintiff” or “Named Plaintiff”) moves for an order granting final approval of the proposed settlement with Defendants Positive Investments, Inc. (“Defendant”)...

Excerpt: ...rmerly known as Kia Motors America, Inc., (“Defendant”) in the total amount of $560,702.25 reflecting $373,801.50 of fees incurred plus a lodestar enhancement multiplier of 0.5, equaling $186,900.75 (Notice of Motion, pg. i.) The Court notes the Notice of Motion also refers to Plaintiff's costs request; however, costs were addressed and awarded in the reduced total amount of $73,312.06 in the Court's June 22, 2022 Ruling on Defendant's Motion...

Excerpt: ...�) moves for leave to amend the complaint and file a proposed first amended complaint (“FAC”) to add a single cause of action for fraudulent conveyance pursuant to C.C.P. §473(a)(1) and C.C.P. §3439.04 on the grounds good cause exists for such amendment. (Notice of Motion, pg. 2.) Background Plaintiff, who is self-represented, filed his initial complaint in the instant action on May 15, 2018. On November 12, 2019, Plaintiff obtained a judgm...

Excerpt: ...emur to the 1 st (constructive fraud) and 2nd (breach of an implied in fact contract) causes of action in the second amended complaint (“SAC”) of Plaintiff Robert Coleman (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action and/or Defendants cannot ascertain whether the alleged contract was written, oral, or implied-in-fact. (Notice of Demurrer, pgs. 1, 7; C.C.P. §§430.10(e), (g)...

Excerpt: ...d, Inc. (“Defendant”) in the instant Proposition 65 action pursuant to Health & Safety Code §25249.7(f). (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 the following six ceramic mugs with exterior decorations: (1) “Cabana Living In Paradise”, Item 91060; (2) “Love”, Item 69924, 7-86460-69924-3; (3) “St...

Excerpt: ...efendant”) moves to tax costs in the amount of $44,930.20 from the $88,591.07 costs request of Plaintiff Sonia De Leon (“Plaintiff”). (Notice of Motion, pg. 1.) Background On January 18, 2022, the Court entered Judgment in favor of Plaintiff and against Defendant. Entry of Judgment followed a jury trial on Plaintiff's remaining cause of action for breach of express warranty under Song-Beverly against Defendant. On October 27, 2021, the jury...

Excerpt: ...ts”) move to quash the four Deposition Subpoenas for Production of Business Records served on loanDepo, Inc. (“LoanDepot”), Rocket Mortgage (“Rocket”), CMG Financial (“CMG”), and United Wholesale Mortgage (“United”) (collectively, “Mortgage Companies”) by Plaintiff A.C.A. LLC (“Plaintiff”) for the four Defendants' records held across those institutions. (C.C.P. § 1987.1.) [The Court notes all Defendants do not have reco...

Excerpt: ...r Parties is sustained on the grounds the Haber Action constitutes another action pending between the Fernandez Parties and Haber Parties involving the same claims between them. Accordingly, abatement is warranted as to the Haber Parties' cross‐complaint pending the outcome of the Haber Action. The case is not stayed as to the first amended complaint filed by Plaintiff. Plaintiff Mary Elizabeth Wade (“Plaintiff”) moves for reconsideration o...

Excerpt: ...(collectively, “Plaintiffs”) move for leave to file a Fourth Amended Complaint in this action. Specifically, the Fourth Amended Complaint will make changes to the pleading as set forth in the Addendum to the Notice of Motion. (Notice of Motion.) Background This action arises from contracts entered into between Plaintiffs and Defendant Pacific Alliance Medical Center, a California corporation (“PAMC”) to provide would care services for pat...

Excerpt: ...mount of $ 3,098.30. Plaintiff Yoon's request for monetary sanctions is denied. A. Background On April 26, 2022, Plaintiffs Eric Hosuk Yoon (“Yoon”) and Caresys, Inc. (“CI”) (collectively “Plaintiffs”) filed the operative second amended complaint (“2AC”) against Defendants Cuckoo Rental America, Inc. (“CKRA”), Cuckoo Electronics America, Inc. (“CEA”), Michael Won Jun Yi (“Yi”) (collectively, “Defendants”), and Does...

Excerpt: ... within 30 days of this ruling. Plaintiff's request to compel Defendant to produce all documents responsive to Requests Nos. 1‐2, 6‐7, and 16‐23, as set forth in Plaintiff Barboza's Notice of Deposition and Production of Documents previously served on Defendant on March 23, 2022, is granted. Plaintiff's request to compel Defendant to produce documents responsive to Requests Nos. 32 and 33 is granted, subject to a protective order. Defendant...

Excerpt: ...action asserted by Plaintiffs Cindy Ambuehl (“Ambuehl” or “Plaintiff”) and Anvis, Inc. (“Anvis”) (collectively, “Plaintiffs”) in their second amended complaint (“SAC”). Defendant moves on the grounds Plaintiffs failed to allege sufficient facts to state the cause of action because the purported contract is unlawful and violates California's public policy against restraints of trade set forth in Business & Professions Code §16...

Excerpt: ...ttorneys' fees against Plaintiff Armen Ayvazyan (“Plaintiff”) in the amount of $26,925 on the grounds he is the prevailing party in this action entitled to recover attorneys' fees reasonably incurred in his defense. (Notice of Motion, pgs. 1-2; Amended Notice of Motion, pgs. 1-2; Civil Code §1717.) Background On February 25, 2020, Plaintiff filed his initial complaint alleging causes of action for (1) breach of contract, (2) anticipatory bre...

Excerpt: ...s demurrer to the 3 rd and 9 th causes of action is sustained without leave to amend. Defendants Frazier Watts and George Lewis's demurrer is overruled as to the 8 th cause of action and sustained without leave to amend as to the 9 th cause of action. A. Demurrer of City of Gardena and Roderick Goldman Defendants City of Gardena (“the City”) and Roderick Goldman (“Goldman”) (collectively, “Defendants”) demur to the to the 3 rd (age di...

Excerpt: ...t is ordered to file a supplemental declaration setting forth facts justifying the sealing of the documents subject to the motion. Defendant's motion to seal documents filed by Plaintiff in support of her opposition to the motion for summary judgment is continued to June 23, 2022. Defendant is ordered to file: (1) a supplemental declaration that: (a) identifies material Defendant seeks sealed within documents for which Defendant only moves to sea...

Excerpt: ... under CRC Rule 7.950 and discusses applicable factors listed in Rule 7.955(b) supporting the reasonableness of the attorneys' fees request. Petitioner Dulse Esmeralda Najera Erazo (“Erazo”), on behalf of Claimant Andrew Xavier Sandoval Najera (“Andrew”), Petitioner Elva Hernandez (“Hernandez”), on behalf of Claimants Atzli Lizbeth Najera (“Atzil”), Liam Adrian Najera (“Liam”), and William Rafael Najera (“William”), Petiti...

Excerpt: ...dant Ardas Yanik (“Defendant”). Plaintiff moves on the grounds that there are no triable issues of material fact. (Notice of Motion, pgs. 1-2.) Procedural Issues The instant motion initially came for hearing on April 7, 2022, during which, the Court noted Defendant's failure to file an opposition and that the Declaration of Defendant filed in opposition was unsigned. The Court continued the hearing to June 2, 2022, set a filing deadline for P...

Excerpt: ...This is a construction defect case. On October 3, 2019, Plaintiff Ara Manoukian (“Plaintiff”) filed the operative first amended complaint (“1AC”) against Defendants Prime Construction & Development, Inc. (“Prime”), Rafie Behesnilian (“Rafie”) individually and doing business as Prime Construction General Building Contractors, Hovig Behesnilian (“Hovig”) individually and doing business as Prime Construction General Building Cont...

Excerpt: ...tinez. Plaintiff Daisy Segura‐ Campos is granted 20 days leave to file a First Amended Complaint. Defendants Performance Composites, Inc., and Gabriel Martinez move to strike the prayer for, and allegations in support of, the request for punitive damages within Plaintiff Daisy Segura-Campos' Complaint. Defendants contend that Plaintiff has not pleaded ultimate facts in support of her request for punitive damages, instead relying on improper and...

Excerpt: ...es for judgment on the pleadings as to the 3 rd (violation of Business & Professions Code §17200), 4 th (intentional interference with prospective economic advantage), and 5 th (violation of Penal Code §502(c)) causes of action asserted by Plaintiffs Cindy Ambuehl (“Ambuehl”) and Anvis, Inc. (“Anvis”) (collectively, “Plaintiffs”) in their second amended complaint (“SAC”). Defendant moves on the grounds the causes of action on th...

Excerpt: ...ou”), DOE 112 Yavuz Ertas (“Ertas”), DOE 113 Nima Razfar (“Nima”), DOE 114 Ali Razfar (“Ali”), DOE 116 Nadia Saban (“Nadia”), DOE 118 Paul Luigi (“Luigi”), DOE 120 Daniel Sacilotto (“Sacilotto”), and DOE 121 Arnaud Larousse erroneously sued as Arnald LaRousse (“Larousse”) (collectively, “Defendants”) move to quash the eleven Deposition Subpoenas for Production of Business Records served on Wells Fargo Bank, N.A. ...

Excerpt: ...ling in Viking River. This matter is set for a status conference on August 17, 2022 at 8:30 a.m. Defendants are ordered to submit a status report 5 days in advance of the hearing. Defendants Sally Beauty Holdings, Inc. (“Sally Holdings”), Sally Beauty Supply, LLC (“Sally Supply”), and Beauty Systems Group, LLC (“Beauty Systems”) (collectively, “Defendants”) move to compel Plaintiff John Coles (“Plaintiff”) to arbitrate his ind...

Excerpt: ...the reduced amount of $1,500 against Defendant P&I Transportation and its counsel of record. Plaintiff Alejandro Molina's motion to compel Defendant Vardan Gevorgyan to provide further responses to Form Interrogatories (Set One) and Special Interrogatories (Set One) is moot. Defendant Gevorgyan is ordered to provide copies of the responses verified on February 9, 2021 to Plaintiff within 5 days. Plaintiff's motion to compel Defendant Vardan Gevor...

Excerpt: ...estment Company LP's motion for summary adjudication as to fourth cause of action is granted. Defendants Nicholas Keros, Trousdale NK, LLC, 460 Trousdale, LLC, 2545 Bowmont, LLC, Thrasher NK, LLC, Trousdale US Aussie, LLC, and Trousdale Development, LLC's joinder of motion for summary judgment is granted. In the alternative, for appeal purposes, Defendants Nicholas Keros, Trousdale NK, LLC, 460 Trousdale, LLC, 2545 Bowmont, LLC, Thrasher NK, LLC,...

Excerpt: ...ents shall be filed by July 11, 2022. Defendants DOE 101 Paola Caldera (“P. Caldera”), DOE 102 Mian Guo erroneously sued as Mian Gvo (“Guo”), DOE 103 Jia Shen (“Shen”), DOE 104 Yunying Li erroneously sued as Yun Ying Li (“Li”), DOE 105 Min Zhou (“Zhou”), DOE 112 Yavuz Ertas (“Ertas”), DOE 113 Nima Razfar (“Nima”), DOE 114 Ali Razfar (“Ali”), DOE 115 Jessica Caldera (“J. Caldera”), DOE 116 Nadia Saban (“Nadia�...

Excerpt: ...17, 25, 26, 28, 48‐58, Prayer Paragraph 5. The Estate's motion to amend its answer to the complaint is moot. A. Demurrer Cross-Defendants Zhencai Zhang (“Plaintiff” or “Zhencai”), Bo Hu, and Yuying (collectively, “Cross-Defendants”) demur to the 2 nd (intentional interference with prospective economic advantage) cause of action in the third amended cross-complaint (“TACC”) brought by Cross-Complainant Chaoying Luo, as Administra...

Excerpt: ...nding the verdict rendered by the jury, pursuant to C.C.P. §629. Defendant moves on the grounds that the verdict is not supported by substantial evidence. (Notice of Motion, pgs. 1-2; Motion, pg. 5.) Background On January 14, 2020, Plaintiff Art Colony Property LLC (“Plaintiff”) filed the instant unlawful detainer action against Defendant in connection with Defendant's tenancy at the premises located at 2401 S. Santa Fe Avenue, #2401-B07, Lo...