Excerpt: ...tion is moot. A. Defendant's Motion for Summary Judgment/Adjudication Defendant Aegis Security Insurance (“Defendant”) moves for summary judgment against all causes of action asserted in the complaint of Plaintiff Maryam Ghukasian (“Plaintiff”). In the alternative, Defendant moves for summary adjudication of the following issues: (1) the intentional tort of bad faith [Issue No. 1]; and (2) punitive damages [Issue No. 2]. Defendant moves f...

Excerpt: ...tion is granted as to removing the General Objection/Prefatory Statement from the supplemental response, and in part as to Nos. 17 and 18, as limited by the ruling. The motion is denied as to Nos. 19, 20, 21 and 22. Supplemental discovery to be provided within 10 days. Plaintiff's request for monetary sanctions is denied. I. Motion for Leave to Amend Complaint Plaintiff Mary Valance (“Plaintiff”) moves for leave to file a first amended compla...

Excerpt: ...e of action for breach of contract in the complaint of Plaintiff Mari Mendez (“Plaintiff”) on the grounds the complaint fails to state a cause of action against Defendant. (Notice of Motion, pgs. 1-2; C.C.P. §438.) Background On September 27, 2019, Plaintiff, who is acting in pro per, filed her form complaint in the instant action for a single cause of action of breach of contract against Defendant. On October 11, 2019, the Court received Pl...

Excerpt: ... order imposing monetary sanctions against Dorian L. Jackson, Esq. (“Jackson”), counsel for Cross-Defendants Nathaniel White, Jr. (“Junior”) and Donetta Taylor (“Donetta”) (collectively “Cross-Defendants”), for contempt under C.C.P. §§128, 177, 1208 and 1218 in the amount of $3,760 and for bad faith tactics under C.C.P. §128.5 in the amount of $3,160, in the total amount of $6,920 for the following conduct: (1) failing to follo...

Excerpt: ...h, and 11 th causes of action and the claim for punitive damages (Issues Nos. 1-5, 7, 9-19.). Defendant Drive Shops, Inc. (“Defendant”) moves for summary judgment against Plaintiff Ronny Grunwald (“Plaintiff”). In the alternative, Defendant moves for summary adjudication of the following issues: (1) Plaintiff was an independent contractor as a matter of law under the Dynamex ABC Test codified by AB-5 [Issue No. 1]; (2) Plaintiff is exempt...

Excerpt: ...second amended complaint (“SAC”) of Plaintiff Elias G. Shiber (“Plaintiff”). Defendant argues Plaintiff failed to properly identify the contract at issue and failed to allege sufficient facts to constitute the causes of action. (Notice of Demurrer, pgs. 2-3.) Defendant's 10/8/20 request for judicial notice is granted. (D-RJN No. 1; Decl. of Hurey, Exh. 4.) Background of Allegations On September 30, 2019, Plaintiff filed his initial compla...

Excerpt: ...gle cause of action for intentional interference with contractual relations, pursuant to C.C.P. §425.16. (Notice of Motion, pg. 2.) Defendant moves to strike the complaint on the grounds the cause of action falls within the scope of C.C.P. §425.16(e), and Plaintiff cannot meet his burden of establishing a probability of prevailing on the cause of action. (Notice of Motion, pg. 2.) Defendant also reserves the right to request attorneys' fees and...

Excerpt: ... instant as to Defendant Marvin A. Perer, M.D. (“Perer”), 1-800-Get-Thin, LLC (“Get-Thin”), Modern Institute for Plastic Surgery, Inc. (“Modern Institute”), Valencia Ambulatory Surgery, LLC (“Valencia Ambulatory”), Top Surgeons, LLC (“Top Surgeons”), New Life Surgery, LLC (“New Life”), and Nuri Sabbagh (“Sabagh”) (collectively, “Defendants”). Plaintiffs move to lift the stay on the grounds that the arbitration of P...

Excerpt: ... for Attorneys' Fees Plaintiff Yossi Sabag (“Plaintiff”) moves for an order awarding him attorney fees and costs against Defendants FCA US LLC (“FCA”) and San Fernando Motor Company (“SFMC”) (collectively, “Defendants”) in the total amount of $102,130.63 pursuant to Song-Beverly, Civil Code §1794(d) and the California Court of Appeals Remittitur in this matter (“Remittitur”). (Notice of Motion, pg. 1; Notice of Errata, pg. 1....

Excerpt: ...��Defendant”) demurs to the 1 st (breach of written contract), 2 nd (money had and received), and 3 rd (breach of contract) causes of action in the second amended complaint (“SAC”) of Plaintiff Elias G. Shiber (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action. (Notice of Demurrer, pgs. 2-3.) Defendant's 4/13/20 request for judicial notice is granted. (D-RJN Nos. 1, 2; Decl. of...

Excerpt: ... HCT Europe Limited (“Plaintiffs” or “HCT”) move the court to continue the stay previously imposed on May 22, 2019 at the requests of Defendants Nicholas Gardner (“Gardner”), Derrick Chang (“Chang”), Cindy Lim (“Lim”), Cognisant LLC, (“Cognisant”), Cognisant Real Estate (“CRE”), Cognisant Limited (“CL”), and Broad Court Partners LLC (“BCP”). The United States of America (the “United States”) has intervened ...

Excerpt: ...Inc. (“Defendant”) in the total amount of $103,955.10, pursuant to the Song-Beverly Consumer Warranty Act (“Song-Beverly”) and accepted C.C.P. §998 offer. The requested amount is based on the total of: (1) $62,045 in attorneys' fees for Strategic Legal Practices, APC (“SLP”); (2) $5,115 in attorneys' fees for California Consumer Attorneys, PC3 (“CCA”); (3) $5,789.10 in costs and expenses for SLP; (4) $23,506 for a 1.35 multiplier...

Excerpt: ...estern Presbytery of the Hapdong in USA (“Hapdong”) (collectively “Defendants”) move for an order disqualifying W. Dan Lee and his firm METAL Law Group, LLP (collectively “Counsel”) as attorney of record for Plaintiffs Korean Western Presbyterian Church of Los Angeles (“KWPC”), Joo Mo Ko (“Ko”), Bong Kyu Kim (“Elder Kim”), and Muyng Chul Ra (“Ra”) (collectively “Plaintiffs”). Defendants move for disqualification ba...

Excerpt: ... judgment is denied. Ciclavia's motion for summary adjudication is also denied. Defendants are ordered to file the documents “lodged” as to both motions on March 16, 2020. The Defendants City of Los Angeles and Ciclavia have both filed motions for summary adjudication and summary judgment. As part of each motion, the Defendants lodged their exhibits and gave notice of the lodgment on March 16, 2020. These documents were improperly lodged and ...

Excerpt: ...t statement regarding requests that remain in dispute by January 4, 2021. Plaintiff's request for monetary sanctions is denied. Plaintiff Elvira Martinez (“Plaintiff”) moves for an order compelling Defendant Mercedes-Benz USA, LLC (“Defendant”) to produce its Person Most Knowledgeable (“PMK”) for deposition and to produce documents identified in the deposition notice. (Notice of Motion, pg. i.) Specifically, Plaintiff seeks an order c...

Excerpt: ...eys' fees in the amount of $136,826 against Defendants and Cross-Complainants James A. Allen (“James”) and Denise M. Allen (“Denise”) (collectively “Defendants” or “Cross-Complainants”) as the prevailing party on the Second Amended Complaint (“SAC”) in this action. (P- Notice of Motion, pgs. 1-2; Civil Code §1717.) The instant motion came for hearing before the Court on September 23, 2020, along with a motion brought by Defen...

Excerpt: ...��Armstrong”) (collectively, “Intervenors”) move for leave to intervene in the instant matter because they each claim an easement interest in the real property parcel identified by Defendant and Cross- Complainant Litchfield Capital, LLC (“Litchfield”) in its cross-complaint that is adverse to Litchfield's asserted interest. Intervenors move to intervene on the grounds that disposition of the action without their involvement will impair...

Excerpt: ...ar Rental, LLC, dba Budget Rent-A-Car (“G&A”) and Danny Bustos (“Bustos”) (collectively “Defendants”) move for an order compelling non-party treating facility Los Angeles Department of Mental Health (“LACDMH”) to comply with a subpoena for the production of documents pursuant to C.C.P. §§2025.480 and 2017.010. (Notice of Motion, pgs. 1-2.) Defendants filed the instant motion and supporting documents on June 10, 2020. On June 18,...

Excerpt: ...Anne Golsan (“Golsan”), Hali E. Ziff (“Hali”), and Golsan, Ziff, & Ziff (“GZ&Z”) (collectively “Defendants”) move for summary judgment against Plaintiff Aura Iglesias (“Plaintiff”) on her operative second amended complaint (“SAC”). In the alternative, Defendants move for summary adjudication of the following issues: (1) the 1 st (negligence) cause of action is barred by the statute of limitations and has no merit because P...

Excerpt: ...and Requests for Production (Set Two) are moot. Plaintiff's requests for monetary sanctions against Defendant and its counsel of record are granted in the reduced total amount $2,130. Three discovery motions are presently before the Court. Plaintiff Maria Nunez (“Plaintiff”) moves for orders compelling Defendant Wonderland Montessori, LLC (“Defendant”) to provide initial responses to Special Interrogatories (Set One), Requests for Product...

Excerpt: ...5, 53, 54, 56-59, 62, 64-67. Plaintiff's motion to compel further responses to Requests for Production (Set One) is granted as to Nos. 41 and 60 and denied as to Nos. 33, 46-48. If any documents are withheld from discovery on the ground of privilege, Defendant shall serve a privilege log. In addition, Defendant is ordered to produce documents responsive to Nos. 5, 6, 10, 11, 13, 14, 16, 18-20, 36, 40, 62 and 63. Plaintiff's motion to compel furth...

Excerpt: ...1 and 14.2. Plaintiff's motion to compel further responses to Form Interrogatories – Employment (Set One) is granted as to Nos. 207.2(d)-(j), 216.1(c), and 209.2 [in the limited scope as agreed to by Plaintiff]. Plaintiff's requests for monetary sanctions are granted in the reduced amount of $2,495. Defendant's requests for monetary sanctions are denied. Plaintiff's motions to compel further responses to Special Interrogatories (Set One), Reque...

Excerpt: ...st C.W. Driver, Inc. is denied. Legendary's motion for summary adjudication is denied. Defendant Legendary Structures, Inc. (“Legendary”) moves for summary judgment against two separate complaints involving the same underlying allegations and damages. First, Legendary moves for summary judgment against the Fourth Amended Cross-Complaint (“4ACC”) of Cross-Complainants 18131 Ventura Boulevard, LLC, Ventana Medical Center, LP, and TriStar Re...

Excerpt: ...o be paid within 15 days. Plaintiff's request for additional relief is denied. Plaintiff Marco Vallejos (“Plaintiff”) moves to compel Defendant Ben Akbary (“Akbary”) to appear for a deposition. Plaintiff also requests monetary sanctions against Akbary and his counsel of record Mitchell Kaufman, Stephen McAndrew, Kaufman McAndrew LLP (collectively “Kaufman McAndrew LLP”) and/or any new Counsel of Record that opposes this motion in the ...

Excerpt: ...f Deposition. Defendant shall serve a privilege log if any documents are withheld from production on the ground of privilege. Plaintiffs Erika Flores and Jose Flores (collectively “Plaintiffs”) move for an order compelling Defendant General Motors LLC (“Defendant”) to produce its Person Most Knowledgeable (“PMK”) for deposition and to produce documents identified in the deposition notice. (Notice of Motion, pg. i.) Specifically, Plain...

Excerpt: ...e parties' requests for attorneys' fees are denied. Petitioners Sharab Siegel and Joel Siegel (“Petitioners”) petitions the Court for an order compelling Respondents Farhad Farahmand (“Farahmand”), Madison Real Estate Investments, Inc. aka Madison Real Estate Investment (“MREI”), and Madison Investment Group, Inc. (“MIG”) (collectively, “Respondents”) to participate in an arbitration. (Petition, pg. 1; C.C.P. §1281.) Petition...

Excerpt: ...nia, erroneously sued as University of Southern California Keck Hospital (“Defendant”), demurs to 2 nd (violation of Unruh Civil Rights Act – Civil Code §51) and 3 rd (elder abuse – Welfare & Institutions Code §15657) causes of action in the first amended complaint (“FAC”) of Plaintiff Noni A. Nwasike (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute a cause of action against Defendant. (N...

Excerpt: ...�Defendant”) and FAA Beverly Hills, Inc. dba Beverly Hills BMW (“Dealer”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asserted by Plaintiff Lauren Heajin Kim (“Plaintiff”) and staying the action pending completion of arbitration. (Notice of Motion, pg. 1; 9 U.S.C. §§1 et seq.; C.C.P. §§1281.2, 1281.4.) Defendants' 10/15/20 request for judicial notice is denied as to Exhibits A- K. (See B.F...

Excerpt: ...n light of Plaintiff's stipulation to withdraw the request. Defendant B.A.G. Investments, Inc. (“B.A.G.”) and Abra Management, Inc. (“Abra”) (collectively, “Defendants”) move for an order striking certain portions of the complaint of Plaintiff Lucy Kim (“Plaintiff”) that pertain to and/or support her request for punitive damages and attorneys' fees and costs. (Notice of Motion, pgs. 1-2.) Specifically, Defendants move to strike ¶...

Excerpt: ...rification to the supplemental responses served on October 20, 2020 within 10 days; it is otherwise moot. Howard's request for an award of monetary sanctions is granted in the reduced total amount of $1,825, payable within 10 days. Dilip Vithlani's Motions to be relieved as counsel for Cross-Complainant H.B.Surgery Center, Inc. and Silver Lake Spine Institute, LLC are continued to 12/17/20 at 9:30 a.m. Motion to Compel Further Production Cross-De...

Excerpt: ...ties' requests for attorneys' fees and expenses in connection with the motion are denied. Defendants Walt Disney Parks and Resorts U.S., Inc. (“WDPR”), Disney Worldwide Services, Inc., (“DWWS”), Disney Human Resources Strategies and Services, LLC (“DHRSS”), and The Walt Disney Company (“TWDC”) (collectively “Defendants”) move for an order transferring the instant action filed by Plaintiff Jennifer Adams (“Plaintiff”) to th...

Excerpt: ...Plaintiff Aura Iglesias (“Plaintiff”) on her operative second amended complaint (“SAC”). In the alternative, Defendants move for summary adjudication as to the 2 nd (legal malpractice) cause of action. Requests for Judicial Notice Defendants' 8/17/20 request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted in the 2/23/09 stipulated judgment in the Family Law Action, the ...

Excerpt: ...aintiffs' requests for production stands. Plaintiffs' request for monetary sanctions is granted in the reduced amount of $860. Plaintiffs Elias Gonzalez Lorenzo aka Elias Gonzalez-Lorenzo and Ana Lazo (collectively “Plaintiffs”) move for an order compelling Defendant Kia Motors America, Inc. (“Defendant”) to comply with the Court's January 16, 2020 discovery ruling pursuant to C.C.P §2031.320. Plaintiffs also request an award of monetary...

Excerpt: ... th causes of action is sustained with leave to amend, and is sustained with 20 days leave to amend to the 11 th cause of action. Defendants' motion to strike is granted. A. Demurrer Defendants Laura Ryu (“Laura”) and Daniel Ryu (“Daniel”) (collectively “Defendants”) demur to the 1 st (quiet title), 2 nd (imposition of resulting trust), 3rd (constructive trust), 4 th (breach of agreement to convey real estate), 5 th (breach of contrac...

Excerpt: ...b) and/or 473.5(a) and the equitable powers of the Court. (Notice of Motion, pg. 2.) Plaintiff Eli Angelino (“Plaintiff”) filed a complaint on November 30, 2018, against Defendant and Defendants Sungjin Kim, Raymond Kim, Kim KS Family Trust, and Trustees of the Kim Family Trust (collectively, “Kim Defendants”). On December 18, 2018, Plaintiff filed a Second Amended Complaint (“SAC”) against Defendant and Kim Defendants. Plaintiff file...

Excerpt: ...rst demurs to the Complaint on the grounds that it is uncertain and unintelligible. Specifically, the contract on which Plaintiff's claims are premised cannot be ascertained from the allegations. Second, Defendant demurs to the 2 nd cause of action for anticipatory breach, 3 rd cause of action for promissory estoppel, 4 th cause of action for negligent interference with prospective economic advantage, and 5 th cause of action for violation of the...

Excerpt: ...dant Shirikrushn, Inc. (“Plaintiff” or “Cross-Defendant”) demurs to the 1st (breach of oral contract), 2 nd (conversion), 3 rd (breach of the covenant of good faith and fair dealing), and 4 th (unjust enrichment) causes of action in the Cross-Complaint of Cross-Complainant Dreamspace Enterprises, LLC (“Defendant” or “Cross- Complainant”). Cross-Defendant argues Cross-Complainant failed to state facts sufficient to constitute the c...

Excerpt: ...otice of Motion, pgs. 1-2.) Specifically, Plaintiff moves for an order setting aside the order of dismissal based on the Request for Dismissal filed on April 27, 2020, on the grounds that Defendants Law Offices of David R. Denis, P.C. (“LOD”) and David R. Denis (“Denis”) (collectively “Defendants”) filed the Request for Dismissal without authorization and without completing the settlement agreement and paying the settlement funds ther...

Excerpt: ..., and sustained with 10 days leave to amend as to the 7 th and 8 th causes of action. Defendants' demurrer as to the 9th and 10 th causes of action is sustained with leave to amend, within 10 days, punitive and exemplary damages as damages. Defendants' motion to strike is moot. A. Demurrer Defendants Nancy Jean Jones (“Jones”) and Timothy W. Burgess (“Burgess”) (collectively “Defendants”) demur to the 1 st (violation of criminal statu...

Excerpt: ... overruled and sustained without leave to amend as to the second and third causes of action. Defendants' motions to strike is granted. Two demurrers and motions to strike are presently before the Court. Defendants Title Recovery Services LLC (“TRS”) and Temidayo Akinyemi (“Akinyemi”) (collectively “Defendants”) have each filed separate demurrers to the 1 st (wrongful eviction [violation of the Los Angeles Rent Stabilization Ordinance ...

Excerpt: ...atories and requests for inspection are denied as moot. Info Tech's requests for monetary sanctions are denied. A. Info Tech's Motion to Compel Acknowledgement of Satisfaction of Judgment Plaintiff and Cross-Defendant Info Tech Corporation (“Info Tech”) moves to compel the acknowledgement of satisfaction of judgment by Defendant California Lawyers Group LLP (“CLG”). Specifically, Info Tech moves for an order deeming CLG's award of damages...

Excerpt: ...”) rendered by the Arbitrator, Mark Burstein, (“Arbitrator”) against Respondents SBIB Productions Limited (“SBIB”) and InternationalMedia AG (“IMAG”) (collectively, “Respondents”) and to enter judgment in accordance therewith, in favor of Petitioner and against Respondents. (Petition, pgs. 1-2, 3; Notice of Hearing, pg. 2.) Petitioner brings the petition pursuant to the Directors Guild of America Basic Agreement of 2005 (“Basi...

Excerpt: ...ad Wasif Riaz's motion to quash service of summons and complaint is granted. A. Motion to Enforce Settlement Plaintiff Angel Mazas (“Plaintiff”) moves for an order enforcing the settlement and entering judgment according to the terms of the Settlement Agreement between Plaintiff and Defendant Qamar Hassan dba Junior Market (“Defendant”) (“Settlement”), or, in the alternative, entry of judgment against Defendant in accordance therewith...

Excerpt: ...II, Inc.; Bear Stearns Alt-A Trust 2006-2; Mortgage Pass-Through Certificates, Series 2006-2 (“BNYM”) (collectively “Defendants”) demur to the 1st (temporary restraining order (“TRO”) and preliminary injunction), 2 nd (unfair business practices), 3 rd (declaratory relief), and 4 th (violation of California Homeowners Bill of Rights (“HBOR”)) causes of action in the complaint of Plaintiff Tracy Fontenette Allen (“Plaintiff”). D...

Excerpt: ...d rest periods, (3) unsafe workplace violation, (4) whistleblower violation, and (5) retaliation and wrongful termination in violation of public policy. The Complaint alleges in pertinent part as follows. From April 20, 2018 to May 6, 2019, Diaz was employed by PHC as a Grow Technician. During her employment, Diaz protested PHC's unsafe working conditions. On at least one occasion, Diaz informed her manager Taryn that “[w]e can't work around al...

Excerpt: ...dant Richard Garcia M.D. (“Dr. Garcia”) moves for summary judgment against Plaintiffs Velia Gonzalez-Willard (“Velia” or “Plaintiff”) and Joe Willard (“Joe”) (collectively “Plaintiffs”) on the complaint. Specifically, Dr. Garcia moves on the grounds that undisputed material facts establish the causes of action are barred by the applicable statute of limitations as set forth in C.C.P. §340.5. (Notice of Motion, pgs. 1-2.) The ...

Excerpt: ...th America, Inc. (“Defendant”) demurs to the 3rd (fraudulent inducement – concealment) cause of action in the first amended complaint (“FAC”) of Plaintiffs Arturo Sanchez (“Sanchez”) and Silvia Almendarez (“Almendarez”) (collectively, “Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient facts to constitute the causes of action and that the cause of action is uncertain. (Notice of Demurrer, pgs. 1-2.) Defend...

Excerpt: ...Covering, Inc. (“Defendant”) moves for an order compelling Plaintiff Miguel Dorantes (“Plaintiff”) to arbitration, and to stay the proceeding. On October 8, 2019, Plaintiff filed the instant complaint against Defendant. The complaint alleges eight causes of action: (1) discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) failure to provide reasonable accommodation; (5) failure to engage in a good fai...

Excerpt: ...ary 1, 2012 to present for Plaintiff's Alleged Injuries, including symptoms related to her claim for emotional distress, and related to Plaintiff's ability to work, need for medical leave, and need for accommodation. Plaintiff's request for monetary sanctions is denied. Plaintiff Edith James (“Plaintiff”) moves for an order quashing service of the deposition subpoenas issued by Defendant DDA Holdings Inc. (“Defendant”) on Plaintiff's heal...

Excerpt: ... th cause of action to allow Plaintiff to amend resulting trust as a remedy. Defendants Vatche Elmedjian (“Vatche”) and Silva Elmedjian (“Silva”) (collectively “Defendants”) demur to the 4 th (breach of personal guaranty), 5th (intentional voidable transfer), 6 th (constructive voidable transfer), 7 th (voidable transfer during or resulting in insolvency), 8 th (express trust), and 9 th (resulting trust) causes of action in the compla...

Excerpt: ... Superior Court to Orange County Superior Court pursuant to C.C.P. §§395.5, 395, and 397(a). Defendant also requests an order requiring Plaintiffs Xavier Richie (“Richie”) and Karime Aguilar Richie aka Karime Aguilar (“Aguilar”) (collectively “Plaintiffs”) to pay all transfer fees under C.C.P. §§396b(b) and 399. (Notice of Motion, pgs. 1-2.) In opposition, Plaintiffs request an award of monetary sanctions against Defendant in the ...

Excerpt: ...efendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Irma Anderson (“Plaintiff”) in this action and staying the action pending completion of arbitration. (Notice of Motion, pgs. 1-2; C.C.P. §1281, et seq.; 9 U.S.C. §1.) Defendant's 9/29/20 evidentiary objections to the Declaration of Plaintiff are overruled as to Nos. 1-5 and sustained as to No. 6. On November 26, 2019, Plaintiff filed the instant actio...

Excerpt: ...nding arbitration and staying the case pending the outcome of the arbitration based on a provision in a signed Lease contract between Plaintiffs and Defendant. Plaintiffs Latasha Mcgrew (“McGrew”), Lance Deshone, and Syn'cere Deshone (collectively, “Plaintiffs”) oppose the petition on the grounds of waiver and procedural and substantive unconscionability. Background of Action On October 7, 2019, Plaintiffs filed a complaint against Defend...

Excerpt: ...sts for Admission (Set Two) admitted against Hak Im is granted. Hak Im is ordered to provide responses within 10 days. Plaintiff's unopposed requests for monetary sanctions against Hak Im are granted in the reduced total amount $500. Plaintiff's unopposed motions to compel Defendant Kyung Im to provide responses to Special Interrogatories (Set Two) and Requests for Production (Set Two) are granted. Plaintiff's unopposed motion to deem Requests fo...

Excerpt: ...C”), and Johnny Ortiz (“Ortiz”) (collectively, “Defendants”) for trial pursuant to C.C.P. §36(a). Plaintiff moves on the grounds that at 84 years old she is over the age of 70 and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Notice of Motion, pg. 2.) Plaintiff filed the instant action on May 18, 2020 against Defendants for causes of action for elder abuse/neglect, negligence, a...

Excerpt: ...aintiffs”) move for summary adjudication on Plaintiffs' complaint for partition against Defendants Rafiq Islam Mollah (“Mollah”) and Mat Bilkis Akter (“Akter”) (collectively, “Defendants”). (Notice of Motion, pgs. 1-2.) The Court notes Plaintiffs' complaint includes a single cause of action for partition by sale. The Court has reviewed Plaintiffs' Motion and supporting documents including the Declarations of Farhana and Ahad, Reques...

Excerpt: ...tive order exempting her from answering any deposition questions regarding documents Defendant Western Asset Management Company, LLC (“Defendant”) did not produce in response to Plaintiff's discovery requests. (Notice of Motion, pg. 2.) Plaintiff moves on the ground that forcing her to answer questions regarding documents she requested but that Defendant has refused to produce would prejudice Plaintiff and permit Defendant to gain an unfair a...

Excerpt: ...on (“Plaintiff”) moves for an order appointing counsel to represent him on the grounds that he is unable to afford counsel, the issues in this action are complex, he is a disabled prisoner, the Disabled Advocacy Group and Prison Law Office have turned down his request for assistance, and Plaintiff has limited knowledge with the law. (Notice of Motion, pgs. 1-2.) The trial court has the discretionary authority to appoint counsel to Plaintiff i...

Excerpt: ...ntiff Eduardo Martinez (“Plaintiff”) seeks in this action. (Notice of Motion, pgs. 1-2.) Costs and expenses may be recovered by a prevailing buyer under the Song- Beverly Consumer Warranty Act (“Song-Beverly”). (See Civil Code §1794(d).) Section 1794(d) provides: If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs an...

Excerpt: ...imed no later than 10 Court days prior to the hearing date. Defendants James A. Allen and Denise M. Allen's motion for attorneys' fees is denied. Two motions for attorneys' fees are presently before the Court. First, Plaintiff and Cross-Defendant Lex Herwen G. Barte (“Plaintiff” or “Cross- Defendant”) moves for an award of attorneys' fees in the amount of $136,826 against Defendants and Cross-Complainants James A. Allen (“James”) and ...

Excerpt: ...LLC (“Defendant”) moves for an order transferring venue from the Los Angeles Superior Court to the Ventura County Superior Court, pursuant to C.C.P. §§395(b), 395.5, 396b, and 397(a). 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 of $1,685 pursuant to C.C.P. §396b(b). Finally, Defe...

Excerpt: ...aintiffs”) move for summary adjudication on Plaintiffs' complaint for partition against Defendants Rafiq Islam Mollah (“Mollah”) and Mat Bilkis Akter (“Akter”) (collectively, “Defendants”). (Notice of Motion, pgs. 1-2.) The Court notes Plaintiffs' complaint includes a single cause of action for partition by sale. The Court has reviewed Plaintiffs' Motion and supporting documents including the Declarations of Farhana and Ahad, Reques...

Excerpt: ...use of action in the complaint of Plaintiff Melita Steward (“Plaintiff”). Defendant demurs on the grounds that the FAC fails to allege sufficient facts to constitute the cause of action, that the cause of action is barred by the applicable statute of limitations, the cause of action is uncertain, and that the cause of action is barred by the Economic Loss Rule. (Notice of Demurrer, pgs. 1- 2; C.C.P. §§338(d), 430.10(e).) [Defendant's Notice...

Excerpt: ...e of the deposition subpoena for personal appearance on non-party Kris Herzog (“Herzog”), Plaintiff's expert consultant, issued by Defendant His Royal Highness Prince Khalid Bin Faisal Bin Sultan Bin Abdulaziz Al Saud (“Defendant”) pursuant to C.C.P. §1987.1, or alternatively, a protective order preventing said deposition. (Notice of Motion, pgs. 1-2.) Plaintiff also requests an award of monetary sanctions against Defendant and his attor...

Excerpt: ...alternative, VW and Defendant LAD-V, LLC dba Volkswagen of Downtown LA (“Dealer”) (collectively “Defendants”) move for summary adjudication of the following issues: (1) VW complied with the Song-Beverly Consumer Warranty Act (the “Song-Beverly”) by offering to repurchase or replace Plaintiff's vehicle, entitling VW to summary judgment and Dealer to summary adjudication [Issue No. 1]; (2) Plaintiff has no viable claim for civil penalty...

Excerpt: ...parties stipulate to the filing of an amended petition, the parties are to file supplemental briefing demurring to the Second Amended Petition for Writ of Mandate, the operative pleading in this action. Defendant/Respondent United Teachers Los Angeles (“UTLA”) demurs to the 1 st (bill of attainder Cal. Ed. Code §44500 et. seq.), 2 nd (PAR Panel violation of California Constitution Art. 1 §3), 3 rd (disability discrimination), 4 th (violatio...

Excerpt: ...y “Defendants”) move for an order compelling Plaintiff Kevin Willis (“Plaintiff”) to submit to a complete independent mental examination pursuant to C.C.P. §§2032.210 and 2032.310 by defense counsel's medical expert, Dr. Ari Kalechstein, PhD (“Dr. Kalechstein”). (Notice of Motion, pgs. 1-3.) Defendants' 9/2/20 evidentiary objections are unnumbered and fail to cite to the evidence objected to. Defendants' evidentiary objection to ¶6...

Excerpt: ...t of JWSE is sustained with leave to amend. A. JWSE's Demurrer Cross-Defendant Jessen-Wright Structural Engineers (“JWSE”) demurs to the 1 st (comparative (equitable) indemnity) and 2nd (declaratory relief) causes of action in the first amended cross- complaint (“FACC”) of Defendant and Cross-Complainant Reinforcing Ready, Inc. dba JD Reinforcing Ready Company (“Reinforcing”). (Notice of Demurrer, pgs. 1-2.) JWSE demurs on the grounds...

Excerpt: ...to the 1 st and 2 nd causes of action and overruled as to the 3 rd cause of action. A. Motions to Strike Cross-Defendants Renato Robison (“Robison”) and Alexandre Viana Abreau (“Abreau”) (collectively, “Cross-Defendants”) have each filed a motion to strike the second amended cross-complaint (“SACC”) of Cross-Complainant Marianah Crevoiserat (“Crevoiserat”) in the grounds the SACC is unauthorized and untimely. (Notices of Motio...

Excerpt: ...elling arbitration of the claims asserted by Plaintiff Mary McLean (“Plaintiff”) in this action and staying the action pending the completion of arbitration. Plaintiff filed the instant action on May 18, 2020 against Defendants for causes of action for elder abuse/neglect, negligence, and financial elder abuse relating to Plaintiff's treatment at Defendants' Residential Care Facility of the Elderly, Atria. Atria was served by personal service...

Excerpt: ...nnetta Taylor (“Donnetta”) and Nathaniel White, Jr. (“Junior”) (collectively “Cross-Defendants”) move for summary judgment against the Second Amended Cross-Complaint of Cross-Complainants Wendy Taylor (“Wendy”) and Nathaniel White Senior (“Senior”) (collectively, “Cross- Complainants”). In the alternative, Cross-Defendants move for summary adjudication of the 1 st (undue influence/elder abuse) and 2 nd (breach of fiduciary...

Excerpt: ...nnetta Taylor (“Donnetta”) and Nathaniel White, Jr. (“Junior”) (collectively “Cross-Defendants”) move for summary judgment against the Second Amended Cross-Complaint of Cross-Complainants Wendy Taylor (“Wendy”) and Nathaniel White Senior (“Senior”) (collectively, “Cross- Complainants”). In the alternative, Cross-Defendants move for summary adjudication of the 1 st (undue influence/elder abuse) and 2 nd (breach of fiduciary...

Excerpt: ...endants”) move for judgment on the pleadings as to the single cause of action for libel per se in the complaint of Plaintiff Austin Baul (“Plaintiff”). (Notice of Motion, pgs. 1-2.) While not indicated in the Notice of Motion, a review of the motion indicates Defendants move on the grounds that Plaintiff failed to allege sufficient facts to constitute the cause of action due to the cause of action being barred by the applicable statute of l...

Excerpt: ...OWN: Oprah Winfrey Network, LLC's motion for summary judgment is moot. In light of the ruling on ABC Defendants' motion for summary judgment, the Court does not reach the issue of ABC Defendants' joinder in Defendant OWN: Oprah Winfrey Network, LLC's motion for summary judgment. Plaintiff's request for a continuance is moot. ABC Defendants' motion for sanctions is denied. A. Motion for Summary Judgment/Adjudication Defendants American Broadcastin...

Excerpt: ...endants Kamyar Penhashi (“Penhasi”) and Jean Jacket Clothing, Inc. (“JJC”) (collectively “Defendants”) demur to the 1 st (breach of contract), 2nd (intentional misrepresentation), 3 rd (negligent misrepresentation), 4 th (money had and received), 5 th (conversion), 6 th (promissory estoppel), and 7 th (unjust enrichment) causes of action in the first amended complaint (“FAC”) of Plaintiff Natural Collection, Corp. (“Plaintiff”...

Excerpt: ... concealment) cause of action in the second amended complaint (“SAC”) of Plaintiff Celeste Mariano (“Plaintiff”). Defendant demurs on the grounds that the FAC fails to allege sufficient facts to constitute the cause of action, that the cause of action is barred by the applicable statute of limitations, and that the cause of action is barred by the Economic Loss Rule. (Notice of Demurrer, pgs. 1-2; C.C.P. §338(d).) Plaintiff filed her ini...

Excerpt: ...Jeffrey Crevoiserat, erroneously sued as Jeffery Crevioserat, (“Defendant”) moves for an award of attorneys' fees and costs against Plaintiffs Renato Robison (“Robison”) and Alexandre Viana Abreu (“Abreu”) (collectively “Plaintiffs”), pursuant to C.C.P. §425.16(c), in the amount of $42,320.02. Defendant's 1/17/20 request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters a...

Excerpt: ...ounsel pursuant to their fee-splitting arrangement is granted. Plaintiffs Marcia Marquina (“Marquina”), Wisela S. Benton (“Benton”), and Gloribel Turcios (“Turcios”), on behalf of themselves and others similarly situated (collectively “Plaintiffs”), move for an order granting final approval of the proposed class action settlement with Defendants Country Villa Services Corp. dba Country Villa Health Services; AG Arcadia, LLC; AG La...

Excerpt: ...urrer Defendant Nissan North America, Inc. (“Defendant”) demurs to the 4th (fraudulent inducement – concealment), 5 th (fraudulent inducement – intentional misrepresentation), and 6 th (fraudulent inducement – negligent misrepresentation) causes of action in the first amended complaint (“FAC”) of Plaintiff Miguel Conchas Garcia aka Miguel Conchas (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to cons...

Excerpt: ... petitions this Court to approve minor's compromise in the settlement of the instant action. I. Background Claimant, a minor by and through his guardian ad litem Petitioner, filed a Complaint against Defendant Think Operations, LLC (“Defendant”) on February 10, 2020, for (1) common law misappropriation of likeness and (2) violation of California Civil Code §3344 (statutory misappropriation of likeness for Defendant's alleged unauthorized use...

Excerpt: ...October 21, 2020. Defendants' demurrers and motions to strike portions of the FAC are deemed demurrers and motions to strike the 1 st and 2nd causes of action of the SAC. Defendants may file supplemental briefing demurring to and moving to strike the FEHA claim in the SAC. Oppositions and replies are due pursuant to code. A. Plaintiff's Motion for Leave to File SAC Plaintiff Barry Kellman (“Plaintiff”) moves for leave to file a second amended...

Excerpt: ... for an order striking certain portions of the complaint of Maria Amparo Tapia (“Maria” or “Tapia”), individually and as guardian ad litem for Jade Suzanne Campuzano Tapia, a minor child (“Jade”), Kevin Campuzano, a minor child (“Kevin”), Kiara Campuzano, a minor child (“Kiara”), and Milo Sebastian Campuzano Tapia, a minor child (“Milo”), as well as Jasmine Guadalupe Campusano Tapia (“Jasmine”) (collectively, “Plaint...

Excerpt: ...�), George Jacobellis (“George”), and Tony Jacobellis (“Tony”) (collectively, “Cross-Defendants”) demur to the 1st (involuntary dissolution of Jacobellis Sausage Co. Inc.), 2 nd (breach of fiduciary duty and accounting), 3 rd (breach of implied covenant of good faith and fair dealing), 4 th (elder abuse), 5 th (involuntary dissolution of Jacobellis Properties, LLC) causes of action in the cross-complaint of Cross-Complainants Sammy Ja...

Excerpt: ...�) move for judgment on the pleadings as to the single cause of action for libel per se in the complaint of Plaintiff Austin Baul (“Plaintiff”). (Notice of Motion, pgs. 1-2.) While not indicated in the Notice of Motion, a review of the motion indicates Defendants move on the grounds that Plaintiff failed to allege sufficient facts to constitute the cause of action due to the cause of action being barred by the applicable statute of limitation...

Excerpt: ... and FedEx Supply Chain, Inc. (“FSC”) (collectively “Defendants”), move for summary judgment on the Third Amended Complaint (“TAC”) of Plaintiff Ralph Martel (“Plaintiff”). In the alternative, Defendants move for summary adjudication on the issue of whether Plaintiff can establish that Defendants had a duty to comply with the daily overtime requirements of Labor Code §510(a). Specifically, Defendants move for summary adjudication...

Excerpt: ...Mostafa Narimanzadeh aka Thomas Nariman (“Narimanzadeh”), Fariba Atighehchi, GQ Fresh, Inc. dba Pinkberry aka Pinkberry Sunset and Fuller, and Pink Partners, Inc. (collectively “Defendants”) move for an award of attorneys' fees in the amount of $60,620, pursuant to Civil Code §1717 and C.C.P. §1033.5 against Plaintiffs Kiumars Soleimany and Shanaz “Suzy” Soleimany aka Shahnaz Soleimany (collectively “Plaintiffs”). (Notice of Mot...

Excerpt: ...er abuse) cause of action in the third amended complaint (“TAC”) of Plaintiff Rose Sarkisian (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the cause of action and/or the cause of action is uncertain. On January 23, 2018, Plaintiff filed the instant action against Defendants A- G Wise, Inc, (“AG Wise”), Eric Mireles (“Mireles”), and Defendant, alleging a sole cause of action for breach of...

Excerpt: ...ave to amend as to the 2 nd and 9 th causes of action within 10 days. Cross-Defendant Joshua Dubinsky's demurrer to 1 st and 2 nd causes of action in Cross-Complainant 7476, Inc.'s first amended cross-complaint is overruled. A. Defendant 7476, Inc.'s Demurrer to Plaintiff Joshua Dubinsky's First Amended Complaint Defendant 7476, Inc. dba AmbassadHer (“7476”) demurs to the 4th (breach of implied in fact contract to not demote or terminate exce...

Excerpt: ... AG were timely and properly served with the petition, supporting documents, and notice of hearing and/or properly serve Respondents with the documents, and so Petitioner can file and serve a proposed order. Petitioner Directors Guild of America (“Petitioner”) petitions the Court to confirm the arbitration award (“Award”) rendered by the Arbitrator, Mark Burstein, (“Arbitrator”) against Respondents SBIB Productions Limited (“SBIB”...

Excerpt: ...ovig Behesnilian (“Hovig”), and Prime Construction & Development, Inc. (“Prime”) (collectively, “Defendants”) demur to the 2 nd (breach of oral contract) cause of action of the first amended complaint (“FAC”) of Plaintiff Ara Manoukian (“Plaintiff”). Defendants demur on the grounds that the cause of action is time barred by the applicable statute of limitations, that Plaintiff fails to allege facts sufficient to constitute the...

Excerpt: ...mwork Systems, Inc. (“Peri”) moves for summary adjudication of the 2 nd (breach of contract – subcontracts), 3 rd (breach of warranty), and 8 th (express indemnity) causes of action in the fourth amended cross-complaint (“operative cross-complaint” or “4ACC”) filed by Cross-Complainants 18131 Ventura Boulevard, LLC, Ventana Medical Center, LP, and TriStar Realty Group, LLC (“Tristar”) (collectively, “Owners”), on the grounds...

Excerpt: ...een Plaintiff and Defendants Henkel Capital S.A. de C.V. (“Henkel”), Mexilink, Inc. (“Mexilink”), and Nattura Laboratorios S.A. de C.V. (“Nattura”) (collectively “Defendants”). Plaintiff's motion is made with respect to Wetline Xtreme Professional Styling Gel (UPC 871217007416), Wetline Xtreme Reaction Styling Gel (UPC 871217004316), and Moco De Gorila (Gorilla Snot Gel) Galan By Natturalabs (UPC 878971000028) (collectively “Cov...

Excerpt: ...f Los Angeles (“Defendant”) pursuant to the January 16, 2020 Settlement Agreement between Plaintiff and Defendant. (Notice of Motion, pgs. 1-2; C.C.P. §664.6) Background of Action On January 18, 2017, Plaintiff and his wife Christina L. Sidrow (“Sidrow”) (collectively, “Plaintiffs”) filed their complaint against Defendant and Defendant Sergeant Frank Rothe (“Rothe”) (collectively, “Defendants”) asserting causes of action for:...

Excerpt: ...�SAC”) of Plaintiff Roldulfo Sandoval (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the cause of action. (Notice of Demurrer pgs. 1-2.) By way of background, Plaintiff filed this action on January 31, 2019, and on June 10, 2019, the Court overruled Defendant's demurrer to the 1 st (breach of contract) cause of action in the complaint and sustained the demurrer as to the 2nd (fraud) cause of action...

Excerpt: ...ca, Inc. (“Defendant”) demurs to the 3rd (violation of the Song Beverly Act §1793.2(a)(3)), 5 th (breach of the implied warranty of merchantability under Song-Beverly), 6 th (fraud by omission), and 7th (violation of the Consumer Legal Remedies Act (“CLRA”)) causes of action in the first amended complaint (“FAC”) of Plaintiffs Paul Wargo and Kimberly Wargo (“Plaintiffs”). Defendant argues Plaintiffs failed to allege sufficient fa...

Excerpt: ...sability discrimination in violation of the FEHA), 2 nd (disability harassment in violation of the FEHA), 3 rd (retaliation in violation of the FEHA), 4 th (failure to prevent discrimination, harassment, and retaliation in violation of the FEHA), 5th (failure to provide reasonable accommodation in violation of the FEHA), 6th (failure to engage in good faith interactive process in violation of the FEHA), 8th (wrongful termination in violation of p...

Excerpt: ...e the Court. The motions are separately brought by Defendants James A. Frieden (“Frieden”) and Denise Tukes (“Tukes”) (collectively, “Defendants”) and seek to strike the complaint for malicious prosecution filed by Plaintiff Pierre Richard (“Plaintiff”) against Defendants in this action. Given that the motions set forth predominately the same arguments and authority, the Court will address the motions collectively. Defendants move...

Excerpt: ... causes of action. Defendants Garo Mardirossian (“Mardirossian”) and Mardirossian & Associates, Inc. (“Mardirossian Firm”) (collectively, “Defendants”) move for summary judgment on the complaint of Plaintiff Gary S. Cassleman (“Plaintiff”). In the alternative, Defendants move for summary adjudication of the following issues: (1) the 1 st (breach of contract), 2 nd (breach of implied covenant of good faith and fair dealing), 3 rd (...

Excerpt: ...t amended complaint is sustained with leave to amend. Plaintiff's motion for leave to file a second amended complaint is improvidently taken in light of the Court's rulings on the demurrers. The Court orders the motion off-calendar. A. Demurrer and Motion to Strike by SPS, MERS, and US Bank Defendants Select Portfolio Servicing, Inc. (“SPS”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and U.S. Bank N.A. as Trustee, on Behalf...

Excerpt: ...r costs is granted in the reduced amount of $1477.15. A. Motion to Tax Costs Defendants Audi of America, Inc. (“Audi”) and Audi Beverly Hills (“Dealer”) (collectively “Defendants”) move for an order taxing the $3,208.45 in costs Plaintiff Shirin Kamani (“Plaintiff”) seeks in this action. (Notice of Motion, pg. 2; C.C.P. §1033.5, CRC Rule 3.1700(b).) Defendants' 7/17/20 evidentiary objections to the Declaration of Nadia Yashar (�...