Excerpt: ... amended Opposition consistent with this ruling by June 24, 2022. Defendants shall be entitled to file a revised reply on or before July 1, 2022. Defendants City of Los Angeles (“the City”) and Ta'ana Mitchell (“Mitchell”) (collectively “Defendants”) move for summary judgment on the second amended complaint (“SAC”) of Plaintiff James Sharlein (“Plaintiff”). In the alternative, Defendants seek summary adjudication of the 1 st (...

Excerpt: ...e 1, 2022 at 8:30 a.m. Plaintiff's motion to compel further responses to Special Interrogatories, Form Interrogatories, and Demands for Production are granted. Plaintiff's requests for monetary sanctions against Defendant and its prior counsel of record are denied. A. Motion to be Relieved as Counsel Farhad Novian (“Novian”) and Lauren Woodland (“Woodland”) of Novian and Novian LLP (“Firm”) (collectively, “Counsel”) move to be rel...

Excerpt: ...Defendant moves on the grounds its curry powder is exempt from the warning requirements under Proposition 65, and as such, Defendant has a complete defense to the action. (Notice of Motion, pgs. 1-2.) Requests for Judicial Notice Plaintiff's 4/19/22 request for judicial notice is granted as to Nos. 1, 2 and 6 (P-RJN, Exhs. A, B, F.) However, the Court does not take judicial notice of the truth of the matters in the document. Plaintiff's request f...

Excerpt: ...16, in the amount $32,691.69 plus $6,000 in fees incurred in connection with this motion, for a total amount of $38,691.69. (Notice of Motion, pgs. 1-2; C.C.P. §425.16(c)(1); Reply, pgs. 1-2, 8.) In reply, Defendant concedes that fees associated with the pro hac vice motion and the Case Management Conference (“CMC”) are not recoverable, and that fees incurred in connection with these corresponded to $2,922.50 in fees. (Reply, pgs. 1-2.) Defe...

Excerpt: ...s‐Defendants' special motion to strike was “frivolous” or “solely intended to cause unnecessary delay.” C.C.P. §425.16(c)(1). A. Motion for Summary Judgment Plaintiff Zhencai Zhang (“Plaintiff”) moves for summary judgment on his complaint seeking recognition and enforcement of foreign country money judgment in the instant action against Defendant Songtao Luo, now represented by the Estate of Songtao Luo (“Defendant”). (C.C.P. �...

Excerpt: ...and to stay discovery. (Notice re: Reopen Case at pp. 1-2; Notice re: Stay Discovery at pg. 1.) Motion to Reopen Case Background By way of background, on January 5, 2018, the Court granted Defendant Lisa Heiple's (“Defendant”) motion to vacate the default entered against her. (See Court's 1/5/18 Minute Order & Ruling.) Thereafter, on February 5, 2018, the Court granted Defendant's anti-SLAPP motion. Since then Plaintiff has filed multiple cha...

Excerpt: ...ered to provide supplemental responses and produce response documents to RPD Request Nos. 25 and 26 to the extent that they do not contain any privileged communications within 20 days of this order. As to any claim for privilege under Gov. Code § 3253(i), Plaintiff shall also concurrently produce a privilege log. Defendant City of Los Angeles' request for monetary sanctions is denied. Plaintiff's request for monetary sanctions is also denied. De...

Excerpt: ...uary 17, 2023, apprising the Court of the status of the arbitration. Defendants FCA US LLC (“FCA”) and FAB4 LLC d/b/a Russell Westbrook Chrysler Dodge Jeep Ram of Van Nuys (“Service Facility”) (collectively “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Arad Vafaei (“Plaintiff”) and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; 9 U.S.C. §§1 et seq.;...

Excerpt: ...tiff Vanessa Walker (“Plaintiff”) moves for an order approving her March 29, 2022 Private Attorneys General Act Claims Settlement Agreement and Release (“Settlement”) with Defendants Exodus Recovery, Inc. (“Exodus”) and Oasis Outsourcing, Inc. (“Oasis”) (collectively, “Defendants”). (Notice of Motion, pg. 2; Decl. of Bello, Exh. 1 [Settlement].) In connection with requesting the Court's approval of the Settlement, Plaintiff al...

Excerpt: ... th causes of action. Board Members' demurrer to the 5 th, 6 th, and 7 th causes of action is sustained without leave to amend. In addition, Board Members' motion for judgment on the pleadings as to the 8 th and 9th causes of action is granted without leave to amend. Defendants Santa Ana Unified School District (“District”) and its board members Valerie Amezcua (“Amezcua”), John Palacio (“Palacio”), Alfonso Alvarez (“Alvarez”), an...

Excerpt: ...eotha”), Princewill Obinma (“Princewill”), and Eucharia Obinma (“Eucharia”) (collectively, “Plaintiffs”) are barred by res judicata and/or collateral estoppel. In the alternative, Defendant asks that Princewill and Eucharia be struck as plaintiffs and/or that their causes of action be dismissed on the basis of collateral estoppel. (Notice of Motion, pg. 2.) Plaintiff's 3/21/22 request that the Court take judicial notice of the conte...

Excerpt: ...ubmit a joint statement no later than February 14, 2023, apprising the Court of the status of the arbitration. Defendants Volvo Car USA, LLC (“Volvo”) and Galpin Jaguar Lincoln Mercury, Inc. dba Galpin Volvo Cars (“Galpin”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Shoshana Hason (“Plaintiff”) and staying the action pending completion of arbitration. (Notice of Motion...

Excerpt: ...of the Law Offices of Danialpour & Associates (“Counsel”) moves to be relieved as counsel for Plaintiff Public Health & Safety Advocates (“Plaintiff”) in the instant action. (CRC Rule 3.1362.) Counsel filed a Notice and Motion (Form MC-051), Amended Declaration (Form MC-052), and Proposed Order (Form MC-053). Counsel also filed proofs of service indicating these were served on all parties to the action. On March 14, 2022, Shabnam Elyaszad...

Excerpt: ... February 8, 2022, apprising the Court of the status of the arbitration. Defendants TAP Worldwide, LLC (“TAP Worldwide”), Polaris Inc., erroneously sued as Polaris Industries, Inc., (“Polaris”), TAP Delaware Corp. (as the surviving successor of Transamerican Auto Parts Company, Inc.) (“TAP Corp”), and Esteban Alonso (“Alonso”) (collectively “Defendants”) petition for an order compelling arbitration of claims asserted by Plaint...

Excerpt: ...nied as to Paragraphs 12 and 13 and granted as to Paragraphs 1‐5, 18, 23‐27, 29(i)‐(ix) [lines 6‐14], 38‐39, 68, 69(c) [line 16], 69(g) [lines 27‐28], and 70 [lines 4‐5] in the SAC. The motion to strike Paragraphs 63, 111, 116, 62 [lines 14‐15], and 115(i),(ii),(iii),(iv),(v), is moot. A. Demurrer Defendant Hilton & Hyland Real Estate, Inc. (“Defendant”) demurs to the 5 th (violation of Penal Code §502(c)) cause of action ass...

Excerpt: ...judication of the 1 st (violation of the FEHA Gov. Code §12955 – race discrimination) and 2 nd (violation of the Unruh Act, Civil Code §51 – race discrimination) causes of action as asserted by Plaintiff Misael Vargas (“Vargas”) in the complaint filed by Vargas and Plaintiff Francisca Lopez (“Lopez”) (collectively, “Plaintiffs”). Defendants move for summary adjudication on the grounds that Vargas cannot establish a prima facie c...

Excerpt: ...d accordingly, not filed. Cross‐Defendants' demurrer to the first amended complaint, as asserted by Cross‐Complainants WWC Holdings LLC and Jonathan Clark, is sustained without leave to amend. Cross‐Defendants' demurrer to the first amended complaint, as asserted by WWC Corp, is sustained with 20 days leave to amend. Cross-Defendants Raymond Wang (“Raymond”), Victor Wang (“Victor”), and SRS Infrastructure, LLC (“SRS”) (collectiv...

Excerpt: ...and Joe Willard (“Joe”) (collectively “Plaintiffs”) on the complaint. Specifically, KFH moves for summary judgment on the following grounds: (1) KFH did not have an employment/agency relationship with any of physician providers and thus cannot be held vicariously liable for any alleged acts or omissions at issue; (2) Plaintiff cannot establish that KFH's non- physician staff, including nursing and clerical staff, did not meet the standard...

Excerpt: ... of attorneys' fees in the amount of $29,391.27 against Defendant Kamran Broukhim (“Defendant”). (Notice of Motion, pgs. 1-2; Motion pg. 8.) [The Court notes the Court has already awarded costs against Defendant in the amount of $1,851 at the time judgment was entered.] Background On March 3, 2020, Plaintiff filed its complaint in the instant action against Defendant and Defendant Integrated Healthcare Medical (“Borrower”) (collectively, ...

Excerpt: ... Accordingly, the motion for summary adjudication is denied as to the 1 st cause of action based on the VCA Loans and granted as to the 1 st (Cambodian Entities Loans and JV Agreement), 5 th, 7 th, and 8 th causes of action. The Court does not reach Issues Nos. 17, 20, or 21. Plaintiff's motion for leave to file a fourth amended complaint is continued to April 19, 2022 at 9:30 a.m. A. Motion for Summary Judgment/Adjudication Defendant VolumeCocom...

Excerpt: ...endant 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 Defendant's opposition to the motion for summary judgment does not comply with the rules of court. California Rules of Court, Rule 3.1350(e)(1) provides that the opposition to a motion must include “[Opposing party's] memorandum in opposition to [moving party's] motion for summar...

Excerpt: ...Stipulation and Agreement for PAGA Representative Action Settlement (“Settlement”) with Defendant SSB Insurance Services, Inc. (“Defendant”). Specifically, Plaintiff requests the Court issue an order: (1) approving the parties' Settlement of claims brought by Plaintiff pursuant to the PAGA in the total Gross Settlement Amount of $230,000; (2) appointing CPT Group, Inc. as the third-party settlement administrator (“Administrator”) and ...

Excerpt: ...oves for terminating sanctions against Defendants Jose Luis Nazar (“Nazar”) and Land of the Free, L.P. (“LOTF”) (collectively, “Defendants”) by striking their answer. In the alternative, Plaintiff requests the Court allow Defendants 14 days to appear for their deposition prior to striking their answer and entering default against them. Plaintiff also requests the Court sanction Defendants in the amount of $1,000 per day for each day t...

Excerpt: ... narrow down the parameters for the ESI searches consistent with this order. Further responses and production are to be provided within 30 days. Any documents withheld on the basis of attorney‐client privilege are to be identified in a privilege log. The parties' requests for monetary sanctions are denied. Plaintiff's motion to compel Arconic to provide further responses to Special Interrogatories is continued to April 28, 2022 at 9:30 a.m. The...

Excerpt: ... dealing), 2 nd (wrongful termination in violation of public policy), 3 rd (whistleblower retaliation), and 5th (negligence) causes of action in the second amended complaint (“SAC”) of Plaintiff Carl David Mendlow (“Plaintiff”). Defendant argues 2 nd and 5 th causes of action are barred by the applicable statutes of limitations, all the causes of action fail to allege sufficient facts to constitute the causes of action, and all the causes...

Excerpt: ...n with the non‐FEHA claims. Accordingly, the Court strikes the Memorandum of Costs in its entirety and Defendants are ordered to file a new Memorandum of Costs with respect to costs incurred in defending against the non‐FEHA claims only. Plaintiff Jazmin Edith Miramontes (“Plaintiff”) moves for an order striking and/or taxing costs claimed by Defendants Sharmila QuenimHerr (“QuenimHerr”), and Christopher Ryan, LLC dba Integrated Thera...

Excerpt: ...as Yun Ying Li (“Li”), Min Zhou (“Zhou”), Yavuz Ertas (“Ertas”), Nima Razfar (“Nima”), Ali Razfar (“Ali”), Jessica Caldera (“J. Caldera”), Nadia Saban (“Nadia”), Lebiba Saban erroneously sued as Lily Saban (“Lebiba”), Paul Luigi (“Luigi”), Ganchimeg Oyunchimeg erroneously sued as JanChung Ozu (“Oyunchimeg”), Daniel Sacilotto (“Sacilotto”), and Arnaud Larousse erroneously sued as Arnald LaRousse (“Laro...

Excerpt: ... is granted in part and denied in part. Plaintiffs/Cross-Defendants Vito Jacobellis (“Vito”), George Jacobellis (“George”), and Tony Jacobellis (“Tony”) (collectively, “Cross-Defendants”) move to strike the second amended cross- complaint (“SACC”) of Cross-Complainants/Defendants Sammy Jacobellis (“Sammy”), Carmella Jacobellis (“Carmella”), and The Sammy Jacobellis and Carmella Jacobellis Family Trust (“The Trust”)...

Excerpt: ...osed Amendments, the Court dispenses the requirement of 75% approval. Petitioner Casa de Marina Homeowners Association (“Petitioner”) petitions the Court for an order approving the proposed Amendments to the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) pursuant to Civil Code §4275, Orchard Estate Homes, Inc. v. Orchard Homeowner Alliance (2019) 32 Cal.App.5th 471, 476 (“Orchard”), and Fourth La Costa Condominium Ow...

Excerpt: ...es 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 breach of contr...

Excerpt: ... costs is granted in the amount of $760.10. Defendant Donald R. Brogdon, as Successor Trustee of the Brogdon Family Trust, dated July 31, 1989 (“Defendant” or “the Trust”) moves for an order determining that he is the prevailing party under the Fictious Deed of Trust pursuant to Civil Code §1717 and/or under C.C.P. §1021 and is entitled to an award of attorneys' fees in the amount of $96,255, plus costs in the amount of $760.10. (Notice...

Excerpt: ...ompany (“Defendant”) in the total amount of $66,754.03 pursuant to Song-Beverly, Civil Code §1794(d) and C.C.P. §998. (Notice of Motion, pg. i.) The requested amount is based on attorneys' fees in the amount of $45,892.50 for Strategic Law Practices (“SLP”), plus $16,062.38 for a 1.35 “lodestar” enhancement/multiplier, plus $1,299.15 in costs and expenses for SLP, plus $3,500 in anticipated fees for reviewing Defendant's opposition ...

Excerpt: ...n 10 days to narrow down the parameters for the ESI searches consistent with this order. Further responses and production are to be provided within 30 days. Any documents withheld on the basis of attorney‐client privilege are to be identified in a privilege log. The parties' requests for monetary sanctions are denied. Plaintiff Andres G. Ortiz (“Plaintiff”) moves to compel Defendant Arconic, Inc. (“Arconic”) to provide further responses...

Excerpt: ...re Productions, Inc. (“CLP”) (collectively, “Defendants”) demur to the 1st (nuisance), 2 nd (violence in violation of Civil Code §52.4), 3 rd (Tom Bane Act of California), 4 th (Health & Safety Whistleblower – Labor Code §6310), and 5th (Whistleblower Protection – Labor Code §1102.5) causes of action in the complaint of Plaintiff Brian Armstrong (“Plaintiff”). Defendants moves on the grounds the complaint is uncertain and Plain...

Excerpt: ...inst Claimant and Respondent Birdwell California! LLC (“Birdwell”) in the amount of $45,317.28. Valbuena also moves for terminating sanctions against Birdwell. (Notice of Motion, pg. 2; C.C.P. §§ 1281.98 and 1281.99.) Background On May 21, 2020, Birdwell filed a Demand for Arbitration in the American Arbitration Association (“AAA”) (“Underlying Arbitration”) in which Birdwell sought damages for Valbuena's alleged breach of the nondi...

Excerpt: ...of Plaintiffs Erez Jonathan (“Jonathan”), Riva Gambazh (“Gambash”) and Leeanne Ismailcjuc (“Ismailcjuc”) (collectively, “Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient facts to constitute the cause of action and/or the cause of action is uncertain. (Notice of Demurrer, pgs. 1-3; C.C.P. §§430.10(e), (f).) Background On September 8, 2021, Plaintiffs filed their initial complaint against Defendant alleging ca...

Excerpt: ...djudication on two of the pleadings in this action. First, Collins moves for summary adjudication of her 8 th (failure to permit inspection or copying of payroll records in violation of Labor Code §226(c)) [Issues Nos. 1, 2] and 5th (failure to pay all wages due upon separation of employment in violation of Labor Code §203) [Issues Nos. 3, 4] causes of action asserted in her April 29, 2021 first amended cross-complaint (“FACC”) against Plai...

Excerpt: ...”) demur to plaintiff John Owens' (“Plaintiff's”) Complaint in its entirety, on the grounds that: (1) the Complaint does not allege facts sufficient to constitute each of its causes of action (C.C.P., § 430.10(e)) [Grounds 1, 3, 5, 7, 9, 11, 13, 15, 17]; [1] (2) the Complaint is uncertain and unambiguous [Ground 29 (sic)] and (3) the causes of action have been previously dismissed (C.C.P. § 430.70) [Grounds 2, 4, 6, 8, 10, 12, 14, 16, 18]...

Excerpt: ... Appearing Defendants Banhak Koo (“Koo”) and Cuckoo Homesys Co. LTD (“CHCL”) separately move for an order quashing service of the summons and complaint by Plaintiffs Eric Hosuk Yoon (“Yoon”) and Caresys, Inc. (“Plaintiffs”) for lack of personal jurisdiction. (Notices of Motion, pg. 2; C.C.P. §§418.10, 418.10.) Background of Action On March 29, 2021, Plaintiffs initiated this action against Defendants Koo, CHCL, Cuckoo Electronic...

Excerpt: ... amend within 20 days, and DENIED, in part. Defendants Kaufman Dolowich Voluck LLP; Courtney E. Curtis; Barry Z. Brodsky; and Andrew J. Waxler (collectively, the “Defendants”) move to strike portions of plaintiff Edward M. Lyman III's (“Plaintiff's”) Complaint in connection to its allegations for punitive damages (¶ 35, 44, 50, Prayer, lines 6-7), attorney's fees (prayer, line 4), and redacted materials (in ¶¶ 10, 15 and 16.) Mot. to S...

Excerpt: ...nded complaint (“TAC”) against Defendants Sammy Jacobellis (“Sammy”), Carmella Jacobellis (“Carmella”), and The Sammy Jacobellis and Carmella Jacobellis Family Trust (“The Trust”) (collectively, “Defendants”). The TAC will do the following: (1) clarify theories under causes of action already asserted, (2) plead additional legal theories, and (3) assert related causes of action. (Notice of Motion, pg. 2:16-20; C.C.P. §437(a)(1...

Excerpt: ...e of action in the Complaint of Alma Rosa Gurrola (“Plaintiff”). Defendants argue that Plaintiff has failed to allege facts sufficient to constitute a cause of action. (Notice of Demurrer, pg. 1; C.C.P. § 430.10(f).) No opposition to the demurrer was filed. Background On October 13, 2020, Plaintiff filed her Complaint against Defendants alleging one cause of action for intentional tort. Plaintiff alleges the following in her two-page Attachm...

Excerpt: ...tiff's requests for monetary sanctions against Montalvan and its counsel of record are granted in the reduced total amount of $3,180 against Montalvan only, payable within 30 days. Montalvan's requests for monetary sanctions are denied. Plaintiff's unopposed motion to deem Requests for Admission (Set Two) admitted against Defendant Kababayan Development, Inc. is granted. Code compliant responses are due within 15 days. Plaintiff's unopposed reque...

Excerpt: ...ages. Defendant's motion for summary adjudication is granted as to Issues Nos. 9, 11, 12, 13, and 15 and as to the 5 th, 6 th, 7 th, 8 th and 10 th causes of action. The Court does not reach Issue No. 10. Defendants Starry, Inc. (“Starry” or “Defendant”) and Carlos Zuniga (“Zuniga”) (collectively, “Defendants”) move for summary judgment against Plaintiff Val Madrigal (“Plaintiff”), or, in the alternative, for summary adjudicat...

Excerpt: ...rneys' fees plus a $512,322.50 lodestar enhancement (2.0 multiplier), not including costs and expenses) against Defendant Ricky Noh aka Ricky Seong Gon Noh (“Defendant”). Plaintiff moves pursuant to a written contract, Civil Code §1717, C.C.P. §§1021, 1033.5, and CRC Rule 3.1702. (Notice of Motion, pg. I; Trial Exhibit 1.) The Court notes Plaintiff filed a Memorandum of Costs in which she seeks $52,648.70 in costs in addition to the $1,024...

Excerpt: ...' fees and costs. Defendant Louis V. Kosnett (“Defendant”) moves to strike the complaint of Plaintiff Sonya Howard (“Plaintiff”) on the grounds the causes of action arise out of Defendant's protected activities, namely, Defendant's legal representation of his client against Plaintiff in an underlying action. (Notice of Motion, pgs. 1-2; C.C.P. §425.16.) Request for Judicial Notice Defendant's 11/29/21 request for judicial notice is grant...

Excerpt: ...U”) and Frontier Mission Fellowship, Inc. (“FMF”) (collectively, “Defendants”) demur to the 1 st (constructive fraud), 2nd (intentional infliction of emotional distress (“IIED”)), 3 rd (breach of an implied in fact contract), and 4th (quantum meruit) causes of action in the first amended complaint (“FAC”) of Plaintiff Robert Coleman (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the...

Excerpt: ... (collectively, “Defendants” or “Chang Defendants”) move for moves for summary judgment on the third amended complaint (“TAC”) of Plaintiff Andrew Yong Ahn (“Plaintiff”) on the grounds the claims are subject to forum selection clauses and/or are barred by the business judgment rule, the applicable statutes of limitations, one or more elements of the claims fail as a matter of law, and/or Plaintiff cannot submit evidence creating a...

Excerpt: ...tion on February 8, 2023 at 8:30 a.m. Defendant Robinson Helicopter Company, Inc. (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Michael Larose (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pg. 2; C.C.P. §§1281 and 1281.2.) By way of background, on July 6, 2021, Plaintiff filed the instant action for discrimination and retaliation in...

Excerpt: ... 4th (fraudulent inducement – concealment) and 5th (fraudulent inducement – intentional misrepresentation) causes of action in the complaint of Plaintiffs Xavier Richie (“Richie”) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively “Plaintiffs”). Defendant demurs on the grounds Plaintiffs failed to allege sufficient facts to constitute the causes of action, the causes of action are barred by the Economic Loss Ru...