Excerpt: ...med to be open.” The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No le...

Excerpt: ...25, 2024. The request for default judgment contains several problems which prevent the Court from entering the requested judgment at this time. · First and most dispositively, Plaintiff's operative complaint contains no amount of damages or attorney fees prayed for. There are no particulars in the complaint from which a defaulting party could ascertain the damages sought. The Court cannot enter a judgment in an amount exceeding that demanded in ...

Excerpt: ...ring which employment Defendants committed various violations of labor law. Defendants move to compel Plaintiff to submit his claims to binding arbitration pursuant to an arbitration agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party the...

Excerpt: ...o an agreement Plaintiff purportedly signed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate t...

Excerpt: ...idually and as trustee of the Trust) (collectively, Defendants). Plaintiff alleges that Defendants own and operate a residential hotel in which they engage in a “28-day shuffle,” wherein tenants were required to move out temporarily before 30 days of occupancy to prevent the tenants from obtaining certain protections and tenancy rights. Plaintiff brings causes of action for violation of Civil Code §§ 1940.1 and 52.1, for negligence, and und...

Excerpt: ... This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge and research attorney rev...

Excerpt: ... of labor law. Defendant BluSky Restoration Contractors LLC (Defendant) moves to compel Plaintiff to submit her individual claims to arbitration, dismiss her class claims, and stay any remaining claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). The motion is unopposed. Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:¿ On petition of a party to an arbitration agreement alleging the exist...

Excerpt: ...having to be continued. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the motion may be promptly ruled upon. The content of the motion should follow the same order as this checklist, as that is how the judge an...

Excerpt: ... (2019) 34 Cal.App.5 th 1056, 1071. This is a proposed employment class action. Plaintiff Bianca Ball (Plaintiff) alleges that she and others were employed by defendants CDC Restaurant Group, Inc. (CDC) and Jeremiah Cillpam (collectively, Defendants), during which employment Defendants committed various violations of labor law. Defendants moved to compel Plaintiff to submit her claims to arbitration, including her class claims, pursuant to an arb...

Excerpt: ...ed by defendant Midas Trucking (Defendant), during which employment Defendant committed various violations of labor law. Plaintiff also alleges that Defendant wrongfully terminated him, retaliated against him, and defamed him. Defendant moves to compel Plaintiff to submit his individual claims to arbitration and to dismiss his class and non-individual PAGA claims pursuant to an arbitration agreement Plaintiff signed (the Agreement). Legal Standar...

Excerpt: ...ants), during which employment Defendants committed various violations of labor law. Defendants move to compel Plamtiffto submit her claims to arbitration, including her class claims, pursuant to an arbitration agreements Plaintiff signed (the Agreement). Legal Standards Code of Civil Procedure section 1281.2 states, in relevant part:i On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a ...

Excerpt: ...ual claims to arbitration and to dismiss his class pursuant to an arbitration agreements Plaintiff signed (the Agreement). On April 20, 2023, the Court continued the hearing on the motion to allow supplemental briefing on the issues of 1) Defendants standing to enforce an agreement by "Subaru Pacific" when the fictitious business name registration had apparently expired and 2) Plaintiff being equitably estopped to deny the operation of the Agreem...

Excerpt: ...lass claims are dismissed. Counsel for Plaintiff should be prepared to address its intentions regarding Defendant Well Care. This is a wage-and-hour proposed class and private attorney general (PAGA) action. Plaintiff Florencio Legaspi (Plaintiff) alleges that he and others were employed by defendants LaVista Congregate Living Health Facility, Inc., Paradise Point Care Center, Inc., and Well Care Congregate Living Health Facility, Inc. (Defendant...

Excerpt: ...n. Plaintiff William Davis (PlaintifO alleges thathe and others were employed by defendant CPHS Holdings, Inc„ doing business as Cedars Sinai Marina Del Rey Hospital (Defendant), during which employment Defendant committed various violations of labor law. Defendant moves to compel Plaintiff to submit his individual claims to arbitration, and to dismiss his class and non-individual PAGA claims, pursuant to an arbitration agreement (the Agreement...

Excerpt: ...eficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to awid the hearing having to be continued. This checklist provides direction on what information and argument the court requires to grant a moton for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case in order that the...

Excerpt: ...on for Preliminary Approval. With all the bolded items addressed, the Motion should be granted when next before the court. The amount of attorney's fees and service award will be determined at the time of final approval. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comp...

Excerpt: ...s may enforce arbitration agreements. This is a wage-and-hour proposed class action. Plaintiff Raffi Aghiarian (Plaintiff) alleges that he and others were employed as mechanics by defendant Miller-DM Inc., doing business as Mercedes Benz of Beverly Hills (Defendant), during which time Defendant committed various violations of labor law against him and other putative class members. Background Plaintiff began his employment on or about April 5, 201...

Excerpt: ...herefore not entitled to a new trial due to newly discovered evidence or surprise. The amount of the indemnity this Court ruled on was not excessive, because the only finding on the Regents' negligence was that it was zero. The Court's observation that Icon West had refused to defend the Regents prior to the Regents settling with Plaintiff cannot constitute an error in law, because the Court did not rely on that observation in ruling on the judgm...

Excerpt: ... to correct the deficiencies set forth in the checklist and file all supplemental documents as soon as possible for the Court's review to avoid the hearing having to be continued. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the cas...

Excerpt: ...lass claims and appear to be proceeding to arbitration of the individual claims. Defendant Budget Wireless California, LLC (Defendant) now moves in this action to compel plaintiff Michelle Mejia (Plaintiff) to arbitrate her individual PAGA claims, and to dismiss her representative PAGA claims. Plaintiff worked as a manager for Defendant beginning in June 2020. At that time, she signed an arbitration agreement (the Agreement). She stopped working ...

Excerpt: ...s declaration (Dec. of Singh at ¶ 11) states that there were 3 valid requests for exclusion out of 4 total (1 being a duplicate). However, she doesn't specify the names. She merely attaches the long package of documents (see Exhibit B to Singh Decl.) that Objectors' counsel submitted that were intended to encompass the opt-outs as well as the objections. The cover sheet for the contents that Objectors' counsel sent to the administrator (see page...

Excerpt: ...ants Surgical Neurophysiology, Inc. (SNI) and Vahid Soltani (collectively, “Defendants”) move to compel plaintiff Mana Hamzeh, also known as Ashley Amirhamzeh (“Plaintiff”) to submit her individual claims to arbitration, including her individual PAGA claims, and to dismiss her class claims and representative PAGA claims. Preliminarily, the Court notes that there was apparently some problem with the electronic filing of Plaintiff's opposit...

Excerpt: ...to the computer. Plaintiff and judgment creditor Vickers Holding & Finance, Inc. (“Plaintiff”) opposes the claims of exemption of defendants Jossiv Kim and Angelina Kim (“Defendants”) and their son, Alex Anton Kim. Because Alex Anton Kim has the same last name as Defendants, the Court will at times refer to him as “Alex.” No disrespect is intended. Background The Court entered judgment against Defendants on November 6, 2018. On March ...

Excerpt: ... fees against plaintiff and cross-defendant LP Kilts, LLC (“LP Kilts”) and cross-defendants Rick Luthra and Farid Popal. Pertinent Background This action arises out of a dispute between LP Kilts and Slauson over a property in Northridge that LP Kilts leased from Slauson in order to operate a sports bar. LP Kilts contended that Slauson and affiliated parties made false representations to induce it to lease the property and otherwise breached t...

Excerpt: ... placed off calendar. Your hearing date set for June 20, 2022, is continued to the first available date of October 03, 2022, at 10:30 a.m. in Department 1. No need to appear on June 20, 2022. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applie...

Excerpt: ... September 10, 2015 Moving Party: Defendant and Cross-Complainant Ford E.C., Inc. (“Defendant”) Responding Party: Plaintiff Eccono Tree Care (“Plaintiff”) Ruling: Motion granted in part. Costs awarded in the reduced amount of $1,288.01. Background Plaintiff's operative First Amended Complaint alleges as follows. This is a business dispute concerning certain tree work done on the Wilmington Drain Multiuse Project (the “Project”). Ford ...

Excerpt: ...Demurrer overruled in its entirety. Defendant Lisa Fancher (“Fancher” or “Defendant”) demurs to Plaintiff Louis Mayorga's (“Plaintiff”) Order to Show Cause for Contempt filed on January 31, 2020. Pertinent Factual and Procedural Background This case concerns a dispute between Plaintiff and Defendant over royalties due to Plaintiff based on his work in the band Suicidal Tendencies. On August 13, 2019, the Court issued an order on Plain...

Excerpt: ...signed by the Court was a final adjudication as to Siegrist, from which no motion for reconsideration may lie. Plaintiffs Chop Won Park and Bonnie Nguyen (“Plaintiffs”) move for reconsideration of the November 26, 2019 order granting the Section 425.16 Anti-SLAPP motion of defendant David Torres- Siegrist (“Siegrist”). Background This is an action for fraudulent transfer, quiet title, and declaratory relief. Plaintiffs allege as follows. ...

Excerpt: ...rbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code of Civ. Proc. §1281.2, subds. (a), (b).) Under California law, arbitration agreements are valid, irr...

Excerpt: ... for Judicial Notice on the ground that courts may not take judicial notice of the truth of the matters stated therein. The Court grants Plaintiff's Request for Judicial Notice pursuant to California Evidence Code section 452 subdivision (d) as court records. B. Objections The Court sustains FCA's evidentiary objections numbered 1, 2, 3, 4 and 5 to the declaration of Daniel Law. C. Arbitration Agreement There does not appear to be a dispute that ...

Excerpt: ...ng $300,000.00 through a loan for a total purchase price of $565,000.00. (Id. ¶ 6.) Plaintiff and her former husband separated in January of 2016. (Id. ¶ 8) Plaintiff and Defendant began a romantic relationship in 2016, and on June 21, 2016, Defendant moved into the subject property and took over management of Plaintiff's finances, utilities, taxes, legal documents, and mail. (Id. ¶ 10.) Plaintiff had received similar assistance from her forme...

Excerpt: ... meet and confer requirements set forth in Code of Civil Procedure §§ 430.41 and 435.5. (Martin Decl. ¶¶ 3-5; Exhs. A-B.) Demurrer Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In ...

Excerpt: ...ummary adjudication. TENTATIVE RULING Plaintiffs' motion for leave to file a Third Amended and Supplemental Complaint and Defendant's request to continue trial until March 1, 2022 at 10:00 AM, with a Final Status Conference on February 22, 2022 at 10:00 AM, are granted, provided that both parties stipulate to extend the 5-year rule through and including December 31, 2022. Plaintiffs are to file their Third Amended and Supplemental Complaint withi...

Excerpt: ...a proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim aga...

Excerpt: ...ttached as Exhibits 3, 4, 14 to the moving papers) obtained by Plaintiff are true and correct copies of lintonimmigration.com. Defendant and Defense counsel, jointly and severally, are ordered to pay monetary sanctions in the amount of $4,000 within 30 days of this order. Plaintiff's request pursuant to California Rules of Court, rule 3.1306 to introduce testimonial evidence is DENIED. ANALYSIS Plaintiff Immigration Rights Defense Council, LLC (�...

Excerpt: ...court declines to award sanctions. ANALYSIS Legal Standard Interrogatories On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that (1) an answer to a particular interrogatory is evasive or incomplete, (2) an exercise of the option to produce documents under Code of Civil Procedure section 2030.230 is unwarranted or the required specification of thos...

Excerpt: ...and Emergency Preparedness Act (“PREP Act”) confers exclusive federal jurisdiction to the claims; (2) as pleaded, Plaintiffs' Complaint raises a substantial federal question; and (3) federal jurisdiction is present based on the Federal Officer Removal Statute. On March 25, 2021, the Honorable Judge Dale Fischer of the United States District Court for the Central District of California issued an Order remanding the case to the Los Angeles Coun...

Excerpt: ...y may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) A motion to compel further responses to a request for production “shall set forth specific...

Excerpt: ... into by the plaintiff . . . and one or more alleged tortfeasors or co-obligors . . . .” (Code. Civ. Proc., § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fau...

Excerpt: ...,958.47 in costs, for a total of $60,828.47. Plaintiff Rami Ramez Kranfli (“Plaintiff”) moves for an award of attorney fees and costs against defendant Ford Motor Company (“Defendant”). Background This is a case arising under the Song-Beverly Act (the “lemon law”). Plaintiff alleges that in 2016, he purchased a new Ford C-MAX Energi which contained defects that Defendant was unable to remedy, and that Defendant did not replace the veh...

Excerpt: ...Davidyan Ruling: Motion for summary adjudication granted as to the first, second, third, fourth, fifth, and eighth causes of action. Motion denied as to the sixth and seventh causes of action, and as to summary judgment overall. Cross-Defendants Carlton D. Edwards, Juanita D. Edwards, [1] and Pasadena Community Christian Fellowship Church (“Fellowship”) (collectively, the “Edwards Parties”) move for summary judgment or summary judication ...

Excerpt: ...LLC Ruling: Defendants' motion to set aside entries of default based on section 473, subdivision (b)'s mandatory provision is granted. The responsive pleading(s) should be filed forthwith as separate documents. Defendants are ordered to pay plaintiff $21,062 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants Yuk Sin Yuen and 158 Global Management...

Excerpt: ...es: Plaintiffs Companion Animal Protection Society and Alexis Sandoval Ruling: Motion granted. The Court will set aside Defendants' defaults. Defendants and their counsel are to pay $4,295.50 to Plaintiffs through their counsel within 30 days. Defendants Puppy Heaven, Inc., Ben Eshel a/k/a Ben Ashel, Keren Eshel a/k/a Keren Ashel, Michal Eshel a/k/a Michal Ashel (“Defendants”) move to set aside their defaults and permit them to file a demurre...

Excerpt: ...ng. Defendants AWBCO, LLC and SBS Trust Deed Network (“Defendants”) move to set aside their defaults in this action. Plaintiff Vista Land LLC (“Plaintiff”) opposes. Legal Standards Under Code Civ. Proc. § 473(b), The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise,...

Excerpt: ...hin 20 days of this order. Defendant Gerald Platt (“Defendant”) demurs to and moves to strike portions of the second amended complaint (“SAC”) of plaintiff Anna Kristina Becher (“Plaintiff”). SUMMARY OF COMPLAINT AND CASE STATUS Plaintiff alleges as follows. In mid-2016, Defendant took over Plaintiff's financial affairs following Plaintiff's divorce from her husband. Following the divorce, Plaintiff became the sole owner of her reside...

Excerpt: ...nterrogatories 1, 2, 12, 38, 47, 49, 50, 54 and 59 as further set forth herein within 30 days. Plaintiff Saif Hussain (“Plaintiff”) moves to compel further responses to his special interrogatories, set two from defendant Los Angeles Unified School District (“LAUSD” or “Defendant”). Background This is an employment discrimination case. Plaintiff alleges as follows: LAUSD hired him as a supervising structural engineer. He performed his ...

Excerpt: ...r summary adjudication is denied as to the first and second causes of action, and granted as to the third and fourth causes of action. Defendant Sarah Stuppi (“Defendant”) moves for summary judgment or summary adjudication as to Plaintiff Courtney Noel Finney's (“Plaintiff”) Complaint as Administrator of the Estate of Nancy Underwood (aka Nancy Westrup). Objections to Evidence Defendant objects to evidence submitted by Plaintiff in suppor...

Excerpt: ...y 6, 2020 sentencing order is extended to January 24, 2022. The request to purge the contempt and the request to modify or purge the sentencing order are denied. Defendants and Judgment Debtors Marina Demirchyan and Grigor Demirchyan (“Defendants”) move alternatively to 1) purge the civil contempt order dated December 17, 2019; or 2) purge the sentencing order issued in February, 2020; or 3) maintain the current stay on the sentencing order u...

Excerpt: ...move for leave to file a first amended complaint (“FAC”) against defendant Gary Stein (“Defendant”). Background This is a landlord-tenant dispute between Plaintiffs and Defendants over a property in Malibu (the “Property”) Defendant rented to Ms. Starr. Plaintiffs allege that the Property was not delivered to them in a habitable condition, that promised repairs were not done, and that Defendant failed to remediate the property. Plaint...

Excerpt: ...Ruling: Motion granted. The Court will enter judgment in favor of Plaintiff and against Defendants for the remaining $2,500 per the settlement agreement, as well as $2,258 in fees and costs, for a total of $4,758. Plaintiff to submit a proposed form of judgment for the Court's signature. Plaintiff Andy Ramirez (“Plaintiff”) moves to enforce the settlement agreement between him and defendants Renaissance Construction Group, Inc., Youssef Mikha...