Excerpt: ...rivacy), 2 nd (defamation), and 5 th (intentional infliction of emotional distress (“IIED”)), causes of action in the first amended complaint (“FAC”) of Plaintiff Michelle Arianna Garza (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action. (Notice of Demurrer, pgs. 1-2.) The Court notes Defendant does not demur to the 3 rd (negligence) and 4 th (negligent hiring) causes of acti...

Excerpt: ...Two) Nos. 33 and 35 is granted. Further responses are to be provided within 10 days. Plaintiff's request for an order of issue sanctions against the County is denied. Plaintiff The People of the State of California, acting by and through the Department of Transportation (“Plaintiff” or “State”) moves to compel Cross- Defendant The County of Los Angeles (“the County”) to provide further responses to Requests for Production (Set Two) No...

Excerpt: ...�) moves to amend the Judgment to add nonparty ZHC Logistics, Inc. (“ZHC”) as an additional defendant based on the fact it is the alter ego of Defendant Zhongshou Hu aka Zongshou Hu (“Hu”) pursuant to C.C.P. §187. (Notice of Motion, pg. 2.) [The Court notes the Notice of Motion refers to Civil Code §187; however, it appears Plaintiff intended to refer to C.C.P. §187.] The Court notes Plaintiff is a self-represented litigant and filed t...

Excerpt: ...Manukyan (“Gary”), Liliya Manukyan (“Liliya”), Arcstone Financial, Inc. (“Arcstone”), and Chicago Title Company, Inc. (“CTC”) (collectively, “Defendants”) for trial pursuant to C.C.P. §36(a). Plaintiffs moves on the grounds that at 74 and 76 years old they are over the age of 70 and Smith's health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Notice of Motion, pg. ii.) Plaintiffs...

Excerpt: ... (Notice of Motion, pg. 1.) Background On February 25, 2020, Plaintiff filed his initial complaint alleging causes of action for (1) breach of contract, (2) anticipatory breach of contract, (3) promissory estoppel, (4) negligent interference with prospective economic advantage, and (5) violation of Business & Professions Code §17200 based on allegations he and Defendant entered into a lease agreement for the first floor of the building located a...

Excerpt: ...move to compel arbitration of claims asserted by Plaintiff Anthony Trankiem (“Plaintiff”). (Notice of Motion, pgs. 1-2; C.C.P. §§1281, 1281.2; 9 U.S.C. §4.) In addition to requesting the Court compel arbitration, Defendants request the Court either dismiss the action or stay proceedings. (Notice of Motion, pgs. 1-2; Reply, pg. 11.) Evidentiary Objections Plaintiff's 5/3/21 evidentiary objections to the Declaration of Lina Alcala (“Alcala...

Excerpt: ...rike is moot as to ¶¶271 and 273(a)-(k) and the Prayer ¶¶7 and 8. The motion to strike is granted as to ¶¶91, 116, 132, 167, 187, 250 without leave to amend, and as to allegations of and references to conspiracy with leave to amend (¶¶49, 52, 55, 65, 67,68, 90, 109, 131, 188, 196, 221, 226, 237, 245, 255). The motion to strike is denied as to allegations that purportedly conflict with the Assignment (¶¶50, 56, 59, 61, 84, 85, 90, 107, 1...

Excerpt: ...bitration of claims asserted by Plaintiff Susan Niemann (“Plaintiff”) and a stay of proceedings. (Notice of Motion, pgs. 1-2; C.C.P. §§1281, 1281.2.) Defendants also request an award of $9,131 in attorneys' fees incurred in connection with the instant motion. (Notice of Motion, pg. 2.) Evidentiary Objections Defendants' 4/26/21 evidentiary objections to the Declaration of Plaintiff are overruled as to No. 1 and sustained as to Nos. 2 and 3....

Excerpt: ... Inc. dba Saber Foundations (“Defendant”) demurs to the 1 st (fraud), 2 nd (negligent misrepresentation), and 3 rd (recission based on fraud), causes of action in the first amended complaint (“FAC”) of Plaintiff Oliver Banham (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action and the causes of action are uncertain, ambiguous, and unintelligible. (Notice of Demurrer, pgs. 1-2....

Excerpt: ...wo motions to compel arbitration are presently before the Court. Defendants StaffChex, Inc. (“StaffChex”) and Horizon Personnel Services, Inc. (“Horizon”) (collectively “Defendants”) each move to compel arbitration of claims asserted by Plaintiff Maria Celmira Garcia (“Plaintiff”) in this action and a stay of proceedings. (Notices of Motion, pgs. 1-2; C.C.P. §§1281 and 1281.2.) The motions and their supporting evidence are the s...

Excerpt: ...th (forcible entry), and 8 th (forcible detainer) causes of action asserted by Plaintiff Carlis Pegues (“Plaintiff”), pursuant to C.C.P. §425.16. (Notice of Motion, pg. 2.) Evidentiary Objections Plaintiff's 4/14/21 evidentiary objections to the Declaration of Daniel Hernandez (“Hernandez”) are sustained as to Nos. 1 and 2. Plaintiff's evidentiary objections to the Declaration of Chris Evans (“Evans”) are overruled as to Nos. 1 and 3...

Excerpt: ...and Daniel Ryu (“Defendant Daniel”) (collectively “Defendants”) demur to the sole (financial elder abuse) cause of action in the Third Amended Complaint (“TAC”) filed by Plaintiff Chong Hui Rhee (“Plaintiff”). Defendants demur on the grounds that Plaintiff failed to state sufficient facts to constitute a cause of action and that the cause of action is uncertain. (Notice of Dem., p. 3.) Financial Elder Abuse Financial elder abuse o...

Excerpt: ...Y Investments LLC. Plaintiff alleges that Defendant breached a written agreement with Plaintiff by failing to pay to Plaintiff $133,000 due on October 6, 2017, and $100,000 due on April 1, 2018. Thus, Plaintiff seeks damages in the sum of $233,000 allegedly due under the contract, plus interest. Plaintiff filed this action on January 31, 2019. On June 10, 2019, the Court overruled Defendant's demurrer to the 1st (breach of contract) cause of acti...

Excerpt: ...to meet and confer in good faith over the discovery disputes. The parties shall file a joint separate statement ten days before the continued hearing. The joint separate statement shall identify each discovery dispute that remains an issue after meet and confer, if any. Defendant D&B Wallace (“Defendant”) moves to compel further responses to its first and second sets of Requests for Production of Documents (“RFP”) propounded on Clique Her...

Excerpt: ...ent, within 10 days. Defendant William W. Oxley's Demurrer is overruled as to the 1 st cause of action and sustained with 20 days leave to amend as to the 4 th cause of action. Defendants Allan P. Loewe and Annette R. Kulik's Demurrer is sustained without leave to amend as to the 2 nd cause of action and sustained with 20 days leave to amend as to the 5 th cause of action. Motion for a Judicial Reference Defendant Michael Lance Trope and Howard A...

Excerpt: ...y Properties, Inc. (“Thomboy”), DeeAnn R. McCoy (“McCoy”), and Jacqueline A. Thomas (“Thomas”) (collectively, “Defendants”) move for an order transferring venue from the Los Angeles Superior Court to the Riverside Superior Court, Desert Division (Palm Springs) pursuant to C.C.P. §§395(a), 395.5, 396b, and 398. Defendants also request an award of reasonable expenses and attorneys' fees against Plaintiffs Brian J. Headman (“Head...

Excerpt: ...ntiffs David Briones and Irene Briones (collectively “Plaintiffs”) move for an order awarding them attorneys' and costs against Defendants FCA US LLC (“FCA”) and San Fernando Motor Company dba Rydell Chrysler Dodge Jeep Ram (“Dealer”) (collectively “Defendants”) in the total amount of $81,187.99, pursuant to the Song-Beverly Consumer Warranty Act (“Song-Beverly”) and accepted C.C.P. §998 offer. The requested amount is based o...

Excerpt: ...s to emotional distress damages, and granted as to the Successor-in- Interest Declaration. A. Demurrer Defendant University of Southern California, erroneously sued as University of Southern California Keck Hospital (“Defendant”), demurs to 2 nd (lack of informed consent), 3rd (violation of Unruh Civil Rights Act – Civil Code §51) and 4th (elder abuse – Welfare & Institutions Code §15657) causes of action in the second amended complaint...

Excerpt: ...De Bose (“Plaintiff”). Defendant demurs on the grounds that Plaintiff's request for declaratory relief is barred for lack of an actual controversy over Defendant's attorney lien, the complaint is not justiciable, and Plaintiff fails to allege facts to state a claim for declaratory relief against Defendant. (Notice of Demurrer, pgs. 1- 2; C.C.P. §431.10.) Background On December 10, 2020, Plaintiff filed her complaint against Defendant allegin...

Excerpt: ...rogatories are granted. Supplemental code-compliant responses to the discovery are to be provided within 20 days. Plaintiff's requests for monetary sanctions against Defendant are granted in the reduced total amount of $4,971.60. Four discovery motions are presently before the Court. Plaintiff Jose Machuca (“Plaintiff”) moves to compel Defendant BaronHR, LLC (“Defendant”) to provide further responses to Requests for Production (Set One) (...

Excerpt: ...s moot. A. Demurrer Defendant Michael Lawrence Cimmarrusti (“Defendant”) demurs to 1st (affirmative misrepresentation), 2 nd (fraudulent inducement), 3 rd (concealment), and 4 th (negligent misrepresentation) causes of action in the third amended complaint (“TAC”) of Plaintiff David Schwartz (“Plaintiff”). Defendant demurs on the grounds that the causes of actions are uncertain, ambiguous, and unintelligible and that Plaintiff fails t...

Excerpt: ...t for issue and evidentiary sanctions is denied. Plaintiff Sara Hough (“Plaintiff”) moves to compel Defendant County of Los Angeles (“Defendant”) to provide further responses and documents in response to Plaintiff's Requests for Production. Specifically, Plaintiff moves to compel Defendant to produce the OIG Investigation Report (“OIG Report”) in response to Request for Production (Set One and Three) Nos. 79, 80, 20-22, 26-27, 29. Pla...

Excerpt: ...hterian (“Mahterian”), and Diego Valli (“Valli”) (collectively, “Defendants”) demur to the 1 st (breach of contract), 2 nd (breach of good faith and fair dealing), 3 rd (promissory estoppel), 4 th (negligent misrepresentation), and 5 th (fraudulent misrepresentation) causes of action in the first amended complaint (“FAC”) of Plaintiff Saro Bedikian (“Plaintiff”). Defendants argue the causes of action are uncertain and fail to ...

Excerpt: ...tners, only. The demurrer is sustained without leave to amend as to the 4 th and 5 th causes of action as to Defendants Jon Gimbel and Anthony Guagliano, and sustained with leave to amend within 20 days as to the 1 st, 3 rd, and 6 th causes of action as to all Defendants. Defendants Jon Gimbel (“Gimbel”), Anthony Guagliano (“Guagliano”) (the “Individual Defendants”), and Gallant Capital Partners (collectively, “Defendants”) demur ...

Excerpt: ...each of the implied covenant of good faith and fair dealing) cause of action in the complaint of Plaintiff Yon Park, LLC (“Plaintiff”). Defendants argues the cause of action is entirely duplicative of Plaintiff's 1 st (breach of written contract) cause of action, and as such, the cause of action is uncertain, ambiguous, and unintelligible. (Notice of Demurrer, pgs. 1-3; C.C.P. §430.10(f).) The Court notes Defendants have only brought a speci...

Excerpt: ...tiffs”) move for an order approving their Amended Settlement and Release of PAGA Claims (“Settlement”) with Defendants Marco A. Bonilla (“Marco”), Maria Bonilla (“Maria”), and Superior Window Coverings, Inc. (“Superior”) (collectively, “Defendants”). (Notice of Motion, pg. II; Supp-Brief, Exh. A (“Settlement”).) At the initial hearing on the motion on March 24, 2021, the Court requested Plaintiffs provide the following i...

Excerpt: ...y Properties, Inc. (“Thomboy”), DeeAnn R. McCoy (“McCoy”), and Jacqueline A. Thomas (“Thomas”) (collectively, “Defendants”) move for an order transferring venue from the Los Angeles Superior Court to the Riverside Superior Court, Desert Division (Palm Springs) pursuant to C.C.P. §§395(a), 395.5, 396b, and 398. Defendants also request an award of reasonable expenses and attorneys' fees against Plaintiffs Brian J. Headman (“Head...

Excerpt: .... §415.10. Evidentiary Objections Perel's 4/2/21 evidentiary objection to the Amended Proof of Service is overruled. Perel's objection is misplaced. Perel appears to object to the Amended Proof of Service attached as Exhibit A to Plaintiff's March 30, 2021 Notice of Errata Re: Opposition. However, this Amended Proof of Service was filed on February 1, 2021, and is the proof of service Plaintiff intended to attach to the Opposition, which instead...

Excerpt: ... to the first amended complaint (“FAC”) that substitutes as plaintiff proposed successor-plaintiff Haderway PTC, LLC (“HPTC”) as Trustee of the Stanley Black Trust (“SB Trust”), the Black Marital Trust (“BM Trust”), the Black Irrevocable 2020 Trust No. 1 (“BI Trust No. 1”), and the Black Irrevocable 2020 Trust No. 2 (“BI Trust No. 2”) (collectively, the “Black Family Trusts”), which hold interests in nominal defendants...

Excerpt: ...chea”), Lashawn Poitier (“Lashawn”), and Aja Harris (“Aja”) (collectively “Petitioners”), on behalf of their respective claimants Beyonce Logan (“Beyonce”), Tyanah Sims (“Tyanah”), Kash Davis (“Kash”), Kaylee Clanton (“Kaylee”), Aaron Poitier (“Aaron”), and Alaysia Allen (“Alaysia”) (collectively “Claimants”) petition the Court to approve minors' compromises in the settlement of the instant action. I. Bac...

Excerpt: ... of PAGA Claims (“Settlement”) with Defendant F & W Grand Auto Care, Inc. (“Defendant”). (Motion, pg. 1; Decl. of Moon ¶1, Exh. 1 (“Settlement”); Supp-Decl. of Feghali, Exh. B.) At the initial hearing on the motion on March 16, 2021, the Court requested Plaintiff provide the following information: (1) An explanation as to why the release of claims is to be effective prior to the payment date; (2) An explanation as to whether the lode...

Excerpt: ...dgment on the pleadings as to the 1 st (quiet title), 2 nd (injunctive relief), 3 rd (just compensation for taking of property), 4 th (damages for breach of contract) causes of action in the cross-complaint of Cross-Complainant Litchfield Capital, LLC (“Litchfield”). Requests for Judicial Notice County's 12/3/21 request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted within...

Excerpt: ... Demurrer Defendants Rev. Jong Suk Choi aka Olaf J. Choi (“Choi”), Nathanael Yun aka Neung Gu Yun (“Yun”), Samuel Kim aka Seung Gon Kim (“Rev. Kim”), Chang Rok Kim (“Chang Kim”), and The Western Presbytery of the Hapdong in USA (“Hapdong”) (collectively “Defendants”) demur to all causes of action asserted in the first amended complaint (“FAC”) filed by Plaintiffs Korean Western Presbyterian Church of Los Angeles (“KW...

Excerpt: ...netary sanctions against Defendants and their counsel of record are granted in the reduced total amount of $3,430.85. Seven discovery motions made as to seven different defendants are presently before the Court. Plaintiff Tanya Kabiri Rahni (“Plaintiff”) moves to compel Defendants 1424 Amherst Avenue Owners Association (“Association”), HOA Premier Management (“Premier”), Allstate HOA Management (“Allstate”), Benjamin Hyles (“Hyl...

Excerpt: ... evidentiary sanctions against Defendant is denied. Plaintiff's unopposed request for monetary sanctions against Defendant is denied. Plaintiff Matthew Greene (“Plaintiff”) moves for an order enforcing the Court's October 1, 2019 Order (“Order”) compelling Defendant William Joelson (“Defendant”) to provide further responses to Special Interrogatories Nos. 33 and 34 and Requests for Admission Nos. 39, 41, and 42, subject to a protectiv...

Excerpt: ...3, 4, 5, 6, 7.) The motion to strike is granted as to paragraph 32 of the Complaint with leave to amend within 10 days. A. Demurrer Defendant Forbix Ventures, LLC (“Forbix”) demurs to the 1st (violation of Civil Code §1942.4), 2 nd (tortious breach of warranty of habitability), 3 rd (private nuisance), 4 th (Business & Professions Code §17200), and 5 th (negligence) causes of action in the complaint of Plaintiffs Andrew Joel Perez, Jose Ada...

Excerpt: ...n to compel further responses to demand for production of documents is moot as to Nos. 24 and 28 and denied as to Nos. 6, 7, 10, and 30. To the extent Defendant withheld documents on the basis of privilege, the Court orders Defendant to provide a privilege log, to be provided within 15 days. The parties' requests for monetary sanctions are denied. Two discovery motions are presently before the Court. First, Plaintiff Tahja Hust (“Plaintiff”) ...

Excerpt: ...es in this case pursuant to C.C.P. §597.5. Defendant also requests the statute of limitations defense be tried before a separate jury than the liability and damages issues. (Notice of Motion, pgs. 1-2.) Background On August 2, 2018, Velia Gonzalez-Willard (“Velia” or “Plaintiff”) and Joe Willard (“Joe”) (collectively “Plaintiffs”) filed a complaint against Defendants Beverly Community Hospital, erroneously named as Beverly Hospit...

Excerpt: ...Motion, pg. 1.) The Court notes Plaintiff's motion is not made as to Defendant United Care Residential, Inc. (“UCR”), the other named defendant in the action. Background On September 15, 2020, Plaintiff filed her initial complaint against Defendant and UCR (collectively “Defendants”) alleging causes of action for fraud, breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, unfair business practi...

Excerpt: ... action in the first amended complaint (“FAC”) of Plaintiff John Armour (“Plaintiff”). (Notice of Demurrer, pgs. 1-3.) Defendant demurs on the grounds that Plaintiff fails to allege sufficient facts to constitute the causes of action. Background of Allegations On August 12, 2020, Plaintiff filed his initial complaint in the instant action against Defendant alleging causes of action for negligence and strict liability and on October 2, 202...

Excerpt: ...aduate Institute (“Keck”) demurs to the 1 st (foreclosure of mechanic's lien) and 4 th (reasonable value of materials furnished) causes of action in the first amended complaint (“FAC”) of Plaintiff Courtesy Electric Wholesale Corp. (“Plaintiff”). Keck demurs on the grounds the original complaint does not allege Defendant is an owner or reputed owner of the subject property, the causes of action are barred by the statute of limitations...

Excerpt: ...dants Five Below, Inc. (“Five Below”) and 1616 Holdings, Inc., formerly known as Five Below Merchandising, Inc. (“1616”) (collectively, “Defendants”). (Motion, pg. 1.) At the initial hearing on the motion on February 3, 2021, the Court requested Plaintiff provide the following information: (1) An explanation of the amount to be paid by each settling defendant; (2) An explanation as to why the release of claims is to be effective prior...

Excerpt: ... as to his entitlement to an order to seal. Supplemental briefing is due 10 days before the hearing on May 4, 2021. To the extent Plaintiff seeks to seal documents filed in connection with the motion for summary judgment filed by Defendant Rivetage, Inc., Plaintiff is ordered to file an application to seal pursuant to CRC Rule 2.551, which, if filed shall be heard on May 14, 2021 with the instant application. Defendants Robert K. Barth and Eastwi...

Excerpt: ... the continued hearing on the motion: 1. Support for the assertion that the estimated range of recovery is reasonable based on the maximum and minimum estimated penalty amounts recoverable in the instant action, the number of aggrieved employees, and the estimated number of applicable pay periods. 2. An explanation as to why the Released Claims as defined in the Settlement are limited to allegations in support of the sixth cause of action. 1. An ...

Excerpt: ...st, Plaintiff moves for preliminary injunction “in the amount of $200,000.” Second, Plaintiff moves for reconsideration of the Court's order dismissing Defendant Chris Jordan (“Defendant”) and in favor of Plaintiff to enter default in the amount of $200,000. Finally, Plaintiff moves to enforce a settlement in the amount of $200,000, which Plaintiff contends Defendant needs to pay her. On September 27, 2019, Plaintiff, who is acting in pro...

Excerpt: .... §415.10. Perel filed the instant motion on January 25, 2021. On February 1, 2021, Plaintiff filed an Amended Proof of Service of Summons indicating service of summons and the complaint on Perel by substituted service on December 23, 2020. [The Court notes Plaintiff had previously filed a Proof of Service of Summons on January 7, 2021, indicating personal service on Perel on December 23, 2020, which is the proof of service addressed in Perel's ...

Excerpt: ...espondent United Teachers Los Angeles (“UTLA”) to the 5 th (breach of contract) cause of action in Plaintiff's second amended petition (“SAP”) without leave to amend. On March 9, 2021, UTLA filed an opposition as a specially appearing defendant on the grounds the Court dismissed UTLA from the action with prejudice, and as such, the Court lacks jurisdiction over UTLA. (Opposition, pgs. 2-3.) UTLA's opposition does not address the merits of...

Excerpt: ...nce and the filing fee). Plaintiff's request for monetary sanctions is denied. Defendant Wells Fargo Bank National Association (“Defendant”) moves to compel Plaintiff Samuel Reece (“Plaintiff”) to appear for deposition and produce documents at the soonest date available since trial in the instant action is scheduled for June 18, 2021. (Notice of Motion, pgs. 2-4; C.C.P. §2025.450.) Defendant requests an award of monetary sanctions agains...

Excerpt: ...ant County of Los Angeles (“Defendant”) moves for summary judgment against Plaintiff Jermaine LaFear (“Plaintiff”) on the first amended complaint (“FAC”). In the alternative, Defendant moves for summary adjudication of the 1 st (disability discrimination), 2 nd (harassment), 3 rd (FEHA retaliation), 4th (failure to accommodate), 5 th (failure to engage in the interactive process), 6th (failure to prevent discrimination, harassment, an...

Excerpt: ...nd disability harassment), 8 th (wrongful termination) and 9 th (intentional infliction of emotional distress (“IIED”)) causes of action in the first amended complaint (“FAC”) of Plaintiff Sergio Delgadillo (“Plaintiff”). Defendant argues Plaintiff failed to allege sufficient facts to constitute the causes of action. (C.C.P. §§430.10(e), Notice of Demurrer, pg. 2.) Defendant does not demur to the 1 st (disability discrimination), 3r...