Excerpt: ...ndants Mar LLC, a California Limited Liability Company, (“Mar LLC”), Mark Lu (“Lu”), and Leo Dang (“Dang”) (collectively, “Defendants”) demur to the 1 st (breach of contract), 2 nd (breach of implied covenant of quiet enjoyment – illegal activity), 3 rd (breach of implied covenant of quiet enjoyment – harassment), 4 th (private nuisance), 5 th (breach of implied covenant good faith and fair dealing), 6 th (intentional inflicti...

Excerpt: ...entiary hearing. Defendants' motion to stay the action pending arbitration is continued to the date of the evidentiary hearing. A. Motion to Compel Arbitration Defendants Young H. Park (“Park”), Ji Taek Lim (“Lim”), and Thomas J. Danforth (“Danforth”), joined by Defendant Silverlake Ramen Holdings, LLC (“Silverlake Ramen” or “Company”) (collectively, “Defendants”) move for an order compelling arbitration of all claims asse...

Excerpt: ...endants' demurrer to the complaint is overruled. A. Maidenberg Defendants' Demurrer Defendants Fred Maidenberg (“Maidenberg”) and Fred Maidenberg, CPA (“MCPA”) (collectively, “Maidenberg Defendants”) demur to the 1 st (breach of oral partnership agreement), 2 nd (professional negligence), 3 rd (breach of fiduciary duty), 4 th (accounting), 5 th (unjust enrichment), 6th (quantum meruit), 7 th (quiet title), 8 th (dissolution and windin...

Excerpt: ... responses to Form Interrogatories as to Defendant Fernando L. Salcedo are granted. Responses are due within 20 days. Plaintiffs' requests for monetary sanctions against Defendants and their counsel of record are granted in the reduced total amount of $2,040, payable within 10 days. Four discovery motions are presently before the Court. Plaintiffs Marvin Santillan (“Marvin”), Genesis Santillan (“Genesis”), and Jocelyn Santillan (“Jocely...

Excerpt: ...Joseph Houshaminian (“Defendant”) moves for an order quashing service of the summons and complaint by Plaintiff Marcelle Shadian (“Plaintiff”) for lack of personal jurisdiction. (Notice of Motion, pg. 1; C.C.P. §418.10(a)(1).) In opposition, Plaintiff requests that, in the alternative, the Court defer resolution of the motion to quash to allow Plaintiff to conduct jurisdictional discovery. (Opposition, pgs. 18-19.) In reply, Defendant re...

Excerpt: ...t Services (“Sterpa REM”) (collectively, “Defendants”) moves for summary judgment against Plaintiffs Hayk Igraryan (“Igraryan”) and Hayk & Vic, Inc., dba Ameci Pizza Kitchen (“H&V”) (collectively, “Plaintiffs”), or, in the alternative, for summary adjudication of the 1 st (breach of lease), 2 nd (breach of express and implied covenants of quiet enjoyment and possession), 3 rd (breach of the covenant of good faith and fair deal...

Excerpt: ...rneys' fees and costs against Defendant Mike Thompson Recreational Vehicles Santa Fe Springs (“MTRV”) in the total amount of $260,439.70, reflecting $220,503 in fees and $39,936.70 in costs. (Notice of Motion, pgs. 1-2; Reply, pg. 8.) The Court notes Plaintiffs reduced their request in reply based on inaccuracies in the original requested amount identified by MTRV in opposition. Evidentiary Objections MTRV's 1/18/22 evidentiary objections to ...

Excerpt: ..., 178, 179, 182, 224, as well as paragraph 11 of the Prayer, which requests punitive damages. A. Demurrer Defendants Higgins Loft aka Higgins Loft Homeowners Association (“the HOA”) and John Agnew (“Agnew”) (collectively, “Defendants”) demur to the 7 th (intentional interference with prospective economic advantage) and 8th (negligent interference with prospective economic advantage) in the first amended complaint (“FAC”) of Plaint...

Excerpt: ...s”) move for an order setting aside the default judgment entered against them in this action brough by Plaintiffs Natalie Vonderburg (“Vonderburg”) and David Quane (“Quane”) (collectively, “Plaintiffs”) pursuant to C.C.P. §§473(b) and (d). Defendants move to set aside the default on the grounds it was taken as the result of inadvertence, surprise, mistake, or excusable neglect and/or that the judgment is void. (Notice of Motion, p...

Excerpt: ...ation, Inc. (“A&R”), Reba Aghchay (“Aghchay”), Fullerton Pacific Interiors, Inc. (“Fullerton”), and Dana Electric and Associates, Inc. (“Dana Electric”) (collectively, “Defendants”). Plaintiff seeks to amend the pleading by: (1) adding the following additional parties as defendants: The Western Surety Company (“Western Surety”), Ali Fadavi individually (“Fadavi”) [A&R's principal], Coast Supply Company (“Coast”), H...

Excerpt: ... is sustained with 20 days leave to amend. The Court grants Plaintiff's request for leave to amend the 6 th and 8 th causes of action as a single cause of action for quantum meruit. Defendants' motion to strike is moot. A. Demurrer Defendants Arshag J. Bohdjelian (“Arshag”) and West Valley Plaza, Inc. (“West Valley”) (collectively, “Defendants”) demur to the 1 st (surplus proceeds from foreclosure sale), 2 nd (fraud), 3rd (conversion)...

Excerpt: ...eadings as to the 5 th (violation of Penal Code §502(c)) cause of action asserted by Plaintiffs Cindy Ambuehl (“Ambuehl”) and Anvis, Inc. (“Anvis”) (collectively, “Plaintiffs”) in their first amended complaint (“FAC”). Defendant moves on the grounds that Plaintiffs fail to state a claim for relief as against Defendant given the only wrongful conduct alleged to constitute violations of Penal Code §502(c) were acts of Defendant Ch...

Excerpt: ...l amount of $5,485, against Plaintiff and his attorney of record, payable within 10 days. Plaintiff's request for monetary sanctions is denied. Defendants VolumeCocomo Apparel, Inc. (“VCA”), for itself and on behalf of its affiliates VolumeCocomo Apparel, Inc. of New York (“VCA NY”), VolumeCocomo Apparel Shanghai Co., Ltd. (“VCA Shanghai”), VolumeCocomo Apparel Cambodia, Inc. (“VCA Cambodia”), and Cocovol Apparel Cambodia Inc. (�...

Excerpt: ...complaint is moot. A. Demurrer Cross-Defendants Augustin Fernandez (“Fernandez”) and Duende Media, Inc. (“DMI”) (collectively, “Fernandez Parties”) demur to the 1 st (intentional interference with prospective economic advantage) and 3 rd (common counts) causes of action in the cross-complaint of Cross-Complainants Robert J. Haber (“Haber”) and Rajah Media Inc. (“Rajah”) (collectively, “Haber Parties”). Fernandez Parties ar...

Excerpt: ...ation of the 6 th cause of action and the request for punitive damages is granted. A. Motion to Seal Defendant FCA US, LLC (“Defendant”) moves to seal documents Plaintiff Fazal Wafadar (“Plaintiff”) filed in support of his opposition to Defendant's motion for summary adjudication. Specifically, Defendant moves to seal Exhibit 5 [excerpts of customer complaints] and Exhibit 6 [warranty claims made] to the Declaration of Rabiya Tirmizi (“...

Excerpt: ...sponses are due within 10 days. Defendants' request for monetary sanctions against Plaintiff and its attorney of record is granted in the reduced amount of $4,061.65, payable within 10 days. Defendants' request the Court lift the stay as to the previously awarded $1,660 in monetary sanctions against Plaintiff and Quintana Law Group, Plaintiff's prior attorney of record, is granted. Payment is due within 10 days. Defendants' motion to compel furth...

Excerpt: ...brough by Plaintiff Weber & Associates, Inc. (“Plaintiff”) pursuant to C.C.P. §473(d) or the Court's equitable power. Defendant moves to set aside the default on the grounds the judgment is void since the service of the complaint and summons was improper, depriving the Court of jurisdiction over Defendant. (Motion, pgs. 1-4.) Plaintiff's 12/29/21 request for judicial notice of the dockets of various cases filed in Los Angeles Superior Court ...

Excerpt: ...y (“Midwell”) moves for cost of proof sanctions against Plaintiff Martin Bertucci (“Plaintiff”). In addition, on December 27, 2021, Defendant His Royal Highness Prince Khalid Bin Faisal Bin Sultan Bin Abdulaziz Al Saud (“Prince Khalid”) filed an application to seal documents Plaintiff lodged conditionally under seal in connection with his opposition to the instant motion. A. Application to Seal Prince Khalid moves to seal the followin...

Excerpt: ...rovide further responses to Requests for Production (Set One) is moot. Plaintiff's requests for sanctions against Defendants and their counsel of record is denied. Three discovery motions are presently before the Court. Plaintiff Elias G. Shiber (“Plaintiff” or “Shiber”) moves for orders compelling Defendant Edwin Movagharian (“Movagharian”) to provide further responses to Special Interrogatories (Set One) and Requests for Production ...

Excerpt: ...ubject to the judicial reference provision in the parties' underlying General Contractor Agreement (the “Agreement”), to JAMS and appointing the Honorable Judith M. Ryan (Ret.) (“Referee”) as judicial referee for all purposes, including trial, as to all claims and cross-claims, pursuant to C.C.P. §638. (Notice of Motion, pg. 2.) Defendant Angeles Contractor, Inc. (“Defendant”) opposes the motion. C.C.P. §638 provides, as follows: A ...

Excerpt: ...Rodriguez (“M. Rodriquez”), Maria Taylor (“M. Taylor”), Alvino Rodriquez (“A. Rodriguez”), and minor plaintiffs Krystalynn Pershing (“Krystalynn”), John Rodriguez (“John”), and Trini Taylor (“Trini”) (collectively, “Plaintiffs”) that pertain to and/or support their request for punitive damages and attorneys' fees and costs. (Notice of Motion, pgs. 1- 2.) Specifically, Defendant moves to strike Paragraphs 7, 74 [harassm...

Excerpt: ... exhibits by lodging only the individual exhibits subject to the protective order. The Court's September 23, 2021 ruling on Plaintiff's motion to seal applies to Exhibit 42 to the Declaration of Erin Coleman conditionally lodged under seal as it is the same Declaration of Gorelick and attached exhibits which the Court has determined is entitled to sealing in part and that sealing order applies to Exhibit 42. To the extent Plaintiff seeks to have ...

Excerpt: ...rsal in support of the motion, that is properly scanned and contains all pages and language of the Sales Contract. The Court sets a non‐appearance case review for August 15, 2022. The parties are directed to submit a joint statement no later than August 5, 2022, apprising the Court of the status of the arbitration. Defendant FCA US LLC (“Defendant”) moves for an order compelling arbitration of all claims asserted by Plaintiff Raymundo Galle...

Excerpt: ...es is denied as to paragraphs 159, 178, 179, 182, as well as paragraph 11 of the Prayer, which requests punitive damages and is moot as to paragraph 224. A. Demurrer Defendants Higgins Loft aka Higgins Loft Homeowners Association (“the HOA”) and John Agnew (“Agnew”) (collectively, “Defendants”) demur to the 7 th (intentional interference with prospective economic advantage) and 8th (negligent interference with prospective economic adv...

Excerpt: ...denied. Defendants US Healthworks Group (“Healthworks”) and Kaochoy Saechao, M.D. (“Dr. Saechao”) (collectively, “Defendants”) demur to the 1st (violation of Labor Code §1102.5), 2 nd (retaliation), and 3 rd (wrongful termination in violation of public policy) causes of action in the first amended complaint (“FAC”) of Plaintiff Amir H. Rad, erroneously named as Amir Hrad (“Plaintiff”). Defendants argue the causes of action ar...

Excerpt: ...as to 25‐64, and granted as to 16‐24. Defendant's motion to strike Plaintiffs' request for punitive damages is granted. A. Demurrer Defendant Parker Milliken Clark O'Hara & Samuelian (“Defendant”) demurs to the 1 st (legal malpractice) and 2nd (breach of fiduciary duty) causes of action in the first amended complaint (“FAC”) of Plaintiffs Benjamin Chui (“Benjamin”) and Margaret Chui-Lee (“Margaret”) as co- trustees of the King...

Excerpt: ...fendant”) moves for summary judgment against Plaintiff Sonya Wilson (“Plaintiff”), or, in the alternative, for summary adjudication of the 1st (employment discrimination in violation of the FEHA) [Issue No. 1], 2 nd (retaliation in violation of the FEHA) [Issue No. 2], 3 rd (failure to prevent discrimination and retaliation) [Issue No. 3], 4 th (failure to provide reasonable accommodation) [Issue No. 4], 5 th (failure to engage in the inter...

Excerpt: ...Shaff and FPCSC and overruled as to defendants Kawasaki, Evans, and Brejtfus, is overruled as to the fifth cause of action, and as to the twelfth cause of action is overruled as to defendant Radell, and sustained with leave to amend within 20 days as to the remaining defendants. PSLA Defendants' motion to strike is denied as moot. Pereira Defendants' demurrer to the seventh cause of action is overruled. Pereira Defendants' motion to strike is den...

Excerpt: ...raph 30 of the second amended complaint is denied. Defendant Fitness International, LLC's demurrer to the first, fourth, and fifth causes of action to the second amended complaint are overruled and is sustained without leave to amend as to the second cause of action. Defendant Fitness International, LLC's motion to strike Paragraphs 5 and 30 of the second amended complaint is granted. A. Background On September 14, 2020, Plaintiff filed her initi...

Excerpt: ...ds the default judgment is void as to him because of a lack of a valid personal guaranty by Defendant for either of the two lease agreements at issue in the first amended complaint (“FAC”) of Plaintiff A.R.D. Service, Inc. (“Plaintiff”). (Notice of Motion, pg. 2.) Defendant's 10/21/21 request for judicial notice is denied as to the documents in the instant case file, for which there is no need to take judicial notice because the Court can...

Excerpt: ...odd”) (collectively “Defendants”) move for an order setting aside and/or vacating the entry of default against them on the complaint filed by Plaintiffs Fawina Cantu, Brittany Hodges, Ashley Jackson, and Tahrim Mageekromah (collectively, “Plaintiffs”). Defendants move on the grounds the service of process of summons has not been validly effectuated and the defaults were accordingly entered on the basis of extrinsic fraud and are therefo...

Excerpt: ...roval on the LWDA in compliance with Labor Code §2699(l)(2) within 10 days. Plaintiff Mario Salgado (“Plaintiff” or “Named Plaintiff”) moves for an order granting preliminary approval of the proposed settlement with Defendants Positive Investments, Inc. (“Defendant”) and Rao Yalamanchili (“Yalamanchili”) (collectively “Defendants”) on the terms and conditions set forth in the “Stipulation of Class Action and PAGA Settlement...

Excerpt: ...to the 2nd (breach of the covenant of good faith and fair dealing) cause of action in the complaint of Plaintiff Asher Lugassi (“Plaintiff”). Defendant demurs on the grounds the complaint fails allege sufficient facts to state the cause of action and the cause of action is uncertain. (C.C.P. §§430.10(e), 430.10(f).) The Court notes Defendants do not demur to the complaint's other causes of action. Background On June 22, 2021, Plaintiff file...

Excerpt: ...tions against Defendant are denied. Three motions to quash business records subpoenas are presently before the Court. Plaintiffs Marvin Santillan (“Marvin”), Genesis Santillan (“Genesis”), and Jocelyn Santillan (“Jocelyn”) (collectively, “Plaintiffs”) move for orders quashing service of the May 19, 2021 Deposition Subpoenas for the Production of Business Records (collectively, “Subpoenas”) served by Defendant SIOF 2 Properties...

Excerpt: ...e PAGA (“Amended Settlement”) with Defendants Sweep Inc. Corporation (“Sweep Inc.”), Sweep, LLC (“Sweep LLC”), and Skinny Labs, Inc. dba Spin (“Skinny Labs”) (collectively “Defendants”). Specifically, Plaintiff requests the Court issue an order: (1) approving the parties' Amended Settlement in the total amount of $150,000; (2) approving PAGA Counsel's attorneys' fees in the amount of $52,500 (35% of Settlement Fund); (3) appro...

Excerpt: ...ntiffs Martin Tate (“Martin”) and Yassi Tate (“Yassi”) (collectively, “Plaintiffs”). Defendant demurs on the grounds the cause of action was resolved in a previous lawsuit in which the Court entered judgment, that the cause of action is barred by the doctrines of res judicata and collateral estoppel, and that Plaintiffs fail to state a claim against Defendant. (Notice of Demurrer, pg. 3; C.C.P. §§664.6, 430.070, 430.10(e).) Defendan...

Excerpt: ...es Group”) and AEG Holdings, LLC (“AEG”) (collectively, “Cross-Defendants”) demur to the 1 st (breach of contract), 2 nd (breach of the covenant of good faith and fair dealing), and 3 rd (declaratory relief) causes of action in the cross-complaint of Cross- Complainants Jon Gimbel (“Gimbel”), Anthony Guagliano (“Guagliano”) (the “Individual Defendants”), and Gallant Capital Partners, LLC (“Gallant”) (collectively, “Cro...

Excerpt: ...o the 2 nd (conversion) and 6 th (breach of fiduciary duty) causes of action in the second amended cross-complaint (“SACC”) of Cross-Complainant McLear & Co. (“McLear US”). (Notice of Demurrer, pg. 3.) Esos Parties demur on the grounds McLear US failed to allege sufficient facts to constitute the causes of action pursuant to C.C.P. §430.10(e). The Court notes the 6th cause of action is only asserted against Silverstein and not Esos. The ...

Excerpt: ...ntiffs”). Defendant argues Plaintiff failed to allege sufficient facts to constitute a cause of action for unlawful detainer and the FAC is uncertain. (Demurrer, pg. 2.) C.C.P. §1166(a) provides, as follows: The complaint shall: (1) Be verified and include the typed or printed name of the person verifying the complaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If ...

Excerpt: .... Code compliant responses are due within 15 days. Plaintiff's unopposed request for monetary sanctions against Montalvan and its counsel of record is granted in the reduced total amount of $2,805, payable within 30 days. 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 request for monetary...

Excerpt: ... within 15 days. Plaintiff's request for monetary sanctions is denied in the amount of $900 is denied. Plaintiff's motion to compel Defendants Avrohom Teichman and Kehilla Kosher Products, Inc.'s compliance is granted. Defendant Teichman is ordered to sit for a second day of deposition as an individual and as PMQ of Kehilla within 15 days. Plaintiff's motion for terminating, evidence, and/or monetary sanctions against Defendants is denied. A. Def...

Excerpt: ...of action only], and 21, and as to the 1 st, 3rd, 6 th, 9 th, 11 th, 13 th and 14 th causes of action. Defendant's motion for summary adjudication is granted as to Issues Nos. 9, 10, 11, 12, 13, 16, 18, 19, and 22, and as to the 2 nd, 4 th, 7 th, 8 th, 10 th, 12 th, 13 th, 14 th causes of action as well as the prayer for punitive damages. The Court does not reach Issue No. 14 and Issue No. 20 [as to the 12 th cause of action]. Defendant Super Cen...

Excerpt: ...ociation, as Trustee, Successor in Interest by Merger to La Salle Bank, National Association, as Trustee for WAMU Mortgage Pass-Through Certificates Series 2007-HY7 Trust (“Defendant”) demurs to the 1 st (declaratory relief) and 2 nd (cancellation of instruments) causes of action in the first amended complaint (“FAC”) of Plaintiff Natasha Espinal (“Plaintiff”). (Notice of Demurrer, pgs. 1-2.) Defendant demurs on the grounds that Plain...

Excerpt: ...omissory note asserted in Plaintiff's complaint. Plaintiff moves on the grounds that there are no triable issues of material fact and Plaintiff is entitled to judgment as a matter of law because it is undisputed that: (1) the parties entered a written agreement pursuant to which Plaintiff loaned Defendant $175,000, evidenced by a promissory note; (2) Defendant defaulted under the promissory note and has refused to cure the default; (3) Defendant ...

Excerpt: ...efendants Bryan Altman (“Altman”) and The Altman Law Group (“ALG”) (collectively, “Defendants”) (Plaintiffs and Defendants together, “the Parties”) jointly move for approval of settlement pursuant to C.C.P. §708.440. (Motion, pg. 1.) The motion, initially heard as an ex parte application on May 14, 2021, was set for hearing on June 15, 2021, and the Court ordered opposition and reply due pursuant to code. The ex parte application...

Excerpt: ...fornia, erroneously sued as University of Southern California Keck Hospital (“Defendant”), demurs to 2 nd (lack of informed consent) and 3rd (Elder Abuse – Welfare & Institutions Code §15657) causes of action in the third amended complaint (“TAC”) of Plaintiff Noni A. Nwasike, an individual for herself and as Successor-in-interest to the Estate of Chike Nwasike, deceased (“Plaintiff”). Defendant argues Plaintiff failed to allege su...

Excerpt: ...ions is denied. Esos's motion for evidence sanctions is denied. Esos's request for monetary sanctions is denied. McLear and Prencipe's requests for monetary sanctions are denied. Two motions for terminating sanctions are presently before the Court. McLear & Co., Inc. (“McLear US”) and McLear, Ltd. (“McLear UK”) (collectively, “McLear”), joined by Joseph Prencipe (“Prencipe”), move for terminating sanctions dismissing the second am...

Excerpt: ...nc. (“Light Beam”), Choice Hospice Care (“CHC”), Robert Mahterian (“Mahterian”), and Diego Valli (“Valli”) (collectively, “Defendants”) move to strike certain portions of the second amended complaint (“SAC”) of Plaintiff Saro Bedikian (“Plaintiff”). Specifically, Defendants move to strike: (1) allegations supporting a request for punitive damages in connection with Plaintiff's 4 th (negligent misrepresentation) cause o...

Excerpt: ...aintiff SDG Associates, LLC (“Plaintiff”). In the alternative, Defendant moves for summary adjudication of the 1 st (breach of contract) [Issues Nos. 1‐6] and 2 nd (common counts – open book account) [Issue No. 7] causes of action in Plaintiff's complaint. Defendant moves for summary adjudication of the 1 st (breach of contract) cause of action on the grounds that the undisputed facts establish that the government closures in connection w...

Excerpt: ...or Admission are moot. However, Plaintiffs are ordered to serve proper verifications that include certificates of translation to their second supplemental responses served on January 20, 2021. Defendant's requests for monetary sanctions are denied. Six discovery motions are presently before the Court. Defendant Rev. Jong Suk Choi aka Olaf J. Choi (“Defendant”) moves for orders deeming Requests for Admission (“RFAs”) (Set One) and RFAs (Se...