Excerpt: ...Ruling: Plaintiff's motion for a TRO and OSC re: preliminary injunction is denied. Preliminary Matters The court rejects plaintiff's late service of this motion as a ground for denying this motion because defendants have shown no prejudice and the motion has been fully briefed. Plaintiff filed two motions with identical labels identifying them as “motions for preliminary injunction.” However, the notices and bodies of the motions identify the...

Excerpt: ...ter, the court rejects plaintiff's assertion that the demurrer should be overruled based on any failure by defendant Ya Ping Wang to give proper notice of the continuance of this hearing. Plaintiff has not shown any prejudice, and this demurrer has been fully briefed. Meet and Confer Wang filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Snow Vuong Decl.) Demurrer Wang demurs to plaintiff's ...

Excerpt: ...t (LAUSD) Ruling: Plaintiff's motion for sanctions is denied in full. Defendant's request for sanctions under CCP 128.7 is granted in the amount of $2,580 for fees reasonably incurred in opposing this motion. Background Plaintiff filed this employment action on July 24, 2017. On August 11, 2017, plaintiff served form interrogatories – employment on LAUSD, including number 216.1, which requested that LAUSD identify the facts upon which it bases ...

Excerpt: ...ve 30 days to answer the complaint. Meet and Confer Defendants Robert Clippinger and Clippinger Investment Properties have filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Jana Moser Decl.) Grounds for Demurrer Defendants demur to each cause of action in plaintiffs' complaint for (1) fraud, (2) negligent misrepresentation, (3) breach of contract, and (4) breach of fiduciary duty. The demurr...

Excerpt: ...osts will be granted in the total amount of $9,506.10 if the court is satisfied with plaintiff's counsel's explanation as to what appears to be improper billing entries included with the amended motion. Plaintiff will be given an opportunity to withdraw its amended motion and proceed on the original motion only. Background This action commenced on January 2, 2019 with plaintiff's filing of a complaint alleging two causes of action under the Song-...

Excerpt: ...bitration and stay this action are granted. Motions to Compel Arbitration Defendants BMW and SMBMW each filed a motion to compel arbitration. Both motions are based on the same agreement, which is between plaintiff and BMW/Mini of Monrovia, which is not a party to this action. The court also notes that plaintiff filed two identical oppositions to defendant BMW's motion, but no opposition to SMBMW's motion. Application of the Federal Arbitration A...

Excerpt: ...otion 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' attorney, Stephen Miller, is ordered to pay plaintiff $20,562 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants move for an order setting aside their...

Excerpt: ... This motion concerns voluminous discovery requests, many of which are not properly the subject of a Pitchess motion. The parties are ordered to meet and confer in good faith and to file a joint statement five court days prior to the next hearing date setting forth the requests that are properly the subject of this motion. The California Supreme Court's decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 “established that a criminal def...

Excerpt: ...r asserted therein. Defendant's Evidentiary Objections to Plaintiff's Supplemental Declaration Superior Court of California County of Los Angeles Ronald K. Wiggins, Plaintiff, Case No. BC689933 v. [Tentative] Ruling Wells Fargo Bank, N.A., et al. Defendants. Objection 1 is sustained for lack of foundation. Objection 2 is overruled. Objection 3 is sustained for lack of foundation and speculation. Objection 4 is sustained for lack of foundation. Ob...

Excerpt: ...Defendant has 30 days to file an answer to the complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Tucker Dowling.) Demurrer Defendant demurs to each cause of action in plaintiff's complaint for: (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of section 1793.2; ...

Excerpt: ...nee Thurman Ruling: E&G Property Management Co.'s motion for summary judgment is granted. Brown's motion for summary judgment is also granted. Defendants Floyd Brown Jr. and E&G Property Management Co. filed separate motions for summary judgment, or, in the alternative, summary adjudication of each cause of action in the complaint and plaintiff's claim for punitive damages. Because defendants' motions are made on substantially similar grounds, th...

Excerpt: ...reinstate is granted. Plaintiff's request for attorney fees and costs is also granted in the full amount of $16,998.93, for which amount defendants are jointly and severally liable. Plaintiff moves to reinstate this action in court after defendants refused to pay arbitration fees necessary for the arbitration to proceed. Defendants do not oppose this motion to the extent it seeks to reinstate this action in court. Therefore, the motion is granted...

Excerpt: ...key's demurrer is overruled as to the first, second, third, fourth, seventh eighth, and ninth causes of action and sustained with 30 days leave to amend as to the fifth and sixth causes of action. Taskey's demurrer based on uncertainty is sustained with leave to amend to clarify that Roxbury is not a cross-complainant and to identify which cross- complainant asserts the third cause of action for intentional misrepresentation. Meet and Confer Task...

Excerpt: ... Both defendants' motions to compel arbitration and stay this action are granted. Motions to Compel Arbitration Defendants SAI and BMW each filed a motion to compel arbitration. Both motions are based on the same lease agreement and are addressed below. Application of the Federal Arbitration Act (FAA) Defendants assert that plaintiff's claims are subject to arbitration under the FAA because SAI is an automobile dealership involved in selling and ...

Excerpt: ...d, but reduced from the requested amount of $36,140.01 to what the court deems reasonable, $10,635. Tauscher's motion for attorney fees and costs is granted, but reduced from the amount requested of $69,023.05 to the reasonable amount of $10,635. Anderson Defendants' Motion for Attorney Fees Superior Court of California County of Los Angeles Alex Kyrklund, Plaintiff, Case No. 19STCV26750 v. [Tentative] Ruling Joy Rose Anderson, et al., Defendants...

Excerpt: ... Fees); Plaintiff Anping Zeng (Strike Costs) Ruling: Plaintiff's motion for attorney fees is continued to December 30, 2020 at 8:30 a.m. to allow plaintiff to file supplemental evidence to support an attorney fee award. See briefing schedule within. Defendant's motion to strike costs is also continued to December 30, 2020 at 8:30 to allow plaintiff to file documentation showing expenses incurred for the interpreter's services during trial. Motion...

Excerpt: ...against defendants and their counsel, jointly and severally, in the amount of $3,675. Plaintiff moves for an order deeming requests for admission admitted, all objections to the requests waived, and imposing sanctions on defendants and/or their counsel in the amount of $3,754. Superior Court of California County of Los Angeles Eric Sahakian, Plaintiff, Case No. 18STCV03983 v. [Tentative] Ruling Mercedes, et al. Defendants. Under Code of Civil Pro...

Excerpt: ...otion to compel arbitration is granted. This action is stayed pending the outcome of the arbitration proceeding. Requests for Judicial Notice Defendants' request for judicial notice of the number (59 total) of JAMS employment law arbitrators available in Los Angeles, Century City, and Orange County is granted under Evidence Code section 452, subdivision (h). Defendants' request for judicial notice of the JAMS Employment Arbitration Rules and Proc...

Excerpt: ...Security Services, LLC, Allied Universal Topco, LLC, Irvine Company, The Irvine Company, LLC, Irvine Management Company, Irvine Company Retail Properties, Ali Arasoghli, Navid Adib, and Stephanie Larson Responding Party: Plaintiff La Juana Powers Ruling: The motion to change venue is granted. Defendant's request for attorney fees is denied. Plaintiff's Evidentiary Objections Jill Paley's Declaration Objection 1 is overruled. Peggy Grzywacz's Decl...

Excerpt: ...s Ruling: This court declines to rule on plaintiff's petition for a waiver of arbitration fees. The matter has already been compelled to arbitration such that plaintiff should request such a waiver from the arbitrator. Once a court grants a petition to compel arbitration and stays the action at law, the action at law is abated and the vestigial jurisdiction over matters submitted to arbitration consists solely of making the determination, upon co...

Excerpt: ...istence of the documents, but not as to the truth of any of the matters asserted therein. Background Superior Court of California County of Los Angeles The People of the State of California, Plaintiff, Case No. 19STCV15742 v. [Tentative] Ruling HRB Digital LLC, et al. Defendants. Plaintiff filed its complaint on May 5, 2019, alleging a single cause of action for violation of the Unfair Competition Law and seeking injunctive relief, restitution, a...

Excerpt: ...otion for preliminary settlement is granted. The proposed order, filed on August 13, 2020 will be signed and filed. The initial hearing on this motion took place on July 29, 2020. Due to a discrepancy between the amounts of costs and attorney fees sought in the settlement agreement and the other documents filed in support of this motion, the court continued the hearing to this date to allow the parties to clarify the amounts for which they sought...

Excerpt: ...operative complaint. Defendants move to compel plaintiff to arbitrate all claims in the operative complaint for (1) elder abuse, (2) negligence, (3) violation of Health and Safety section 1430(b), (4) willful misconduct, and (5) wrongful death. Defendants' Objections to Cynthia Robinson's Declaration Superior Court of California County of Los Angeles Harold Wofford, et al., Plaintiffs, Case No. 19STCV38193 v. [Tentative] Ruling AG Lynwood LLC, et...

Excerpt: ...d third causes of action in plaintiff's FAC is sustained with 30 days leave to amend. The motion to strike is denied as moot. As a preliminary matter, the court notes that Amazon filed a notice of supplemental authority regarding the August 3, 2020 decision in Ixchel Pharma, LLC v. Biogen, Inc. (Aug. 3, 2020, S256927) ___P.3d___ [2020 WL 4432623]. This authority could not have been cited in the demurrer and is properly brought to the court's atte...

Excerpt: ...ry judgment or adjudication is denied in full. Defendants' Evidentiary Objections Declaration of Irving Meyer Objection 1 is sustained for failure to authenticate. Objection 2 is sustained for hearsay and failure to authenticate. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of s...

Excerpt: ...ted. Motions to Strike Costs A verified memorandum of costs is prima facie evidence that the costs, expenses, and services therein were necessarily incurred. (Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1557.) It is not enough for the losing party to attack submitted costs by arguing that she Superior Court of California County of Los Angeles Dora Rodriguez, Plaintiff, Case No. BC704250 v. [Tentative] Ruling FCA US LLC, et al. Defen...

Excerpt: ... of Civil Procedure section 430.41. (See Declaration of Kimberly Hisa.) Demurrer Superior Court of California County of Los Angeles Roxy Starr, et al., Plaintiffs, Case No. 19STCV32623 v. [Tentative] Ruling Gary Stein, Defendant. Defendant demurs to the first eleven of plaintiffs' twelve causes of action for (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach of implied covenant of quiet enjoyment, (4) fraud (deceit...

Excerpt: ... of any matters asserted therein. Anti-SLAPP Motion to Strike Superior Court of California County of Los Angeles David R. Wells, Plaintiff, Case No. 19STCV40625 v. [Tentative] Ruling John W. Martin, et al. Defendants. Defendant moves to strike plaintiff's complaint for defamation and unfair business practices under Code of Civil Procedure section 425.16. Anti-SLAPP Two-Pronged Analysis In determining whether to grant or deny a Code of Civil Proce...

Excerpt: ...pite plaintiff's assertion that the opposition was not timely served because plaintiff has not shown prejudice from the opposition having been served no more than several hours late. Requests for Judicial Notice Both parties' requests for judicial notice are granted as to the existence of the documents, but not as to the truth of any matters asserted therein. Superior Court of California County of Los Angeles Josefina Ceja Sanchez, Plaintiff, Cas...

Excerpt: ...ant filed on December 3, 2019 is hereby deemed the operative answer. Plaintiff's request for a penalty under subdivision (c) of section 473 is denied. Code of Civil Procedure section 473, subdivision (b) provides for two distinct types of relief—commonly differentiated as “discretionary” and “mandatory”—from certain prior actions or proceedings in the trial court. Under the discretionary provision, “[t]he court may, upon any Superio...

Excerpt: ... prejudice. Petitioner moves to compel arbitration under Code of Civil Procedure section 1281.2, which 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 to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement t...

Excerpt: ...nc., Faith Buran, and Hallmark Aviation Services, L.P. Responding Party: Plaintiff Sevim Cameron Ruling: Defendants' motions to compel arbitration are both granted. This action is stayed pending the outcome of the arbitration. The court has read and considered plaintiff's “supplemental opposition,” despite its impropriety, and determined that it does not impact the ruling that follows. Defendants' Turkish Airlines, Inc. and Faith Buran's Requ...

Excerpt: ... to compel arbitration is granted. This action is stayed pending the outcome of the arbitration proceedings. Request for Judicial Notice Defendants' request for judicial notice is granted as to the existence of the document, but not as to the truth of any matter asserted therein. Arbitration Agreement California law governs whether an arbitration agreement has been formed in the first instance. (See, e.g, Baker v. Osborne Development Corp. (2008)...

Excerpt: ...ty: Plaintiff Avo Deryousefian Ruling: Defendants' motion to compel arbitration is granted. This action is stayed pending the outcome of the arbitration proceedings. Arbitration Agreement California law governs whether an arbitration agreement has been formed in the first instance. (See, e.g, Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.) Code of Civil Procedure section 1281.2 states, in relevant part: “On petition of a pa...

Excerpt: ...tion for summary judgment is denied. Cha's motion for summary adjudication is granted as to plaintiffs' eighth, ninth, and tenth causes of action for “harassment/retaliation/age discrimination in violation of FEHA,” failure to prevent the same, and wrongful termination in violation of FEHA. The motion for summary adjudication is denied as to plaintiff's first, second, third, fourth, fifth, sixth, and seventh causes of action. Requests for Jud...

Excerpt: ... action is overruled. The motion to strike punitive damages is denied. Defendant has 30 days to answer the complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Danielle Duarte.) Demurrer Defendant demurs to plaintiff's fourth and fifth causes of action for fraudulent concealment and inducement. Because there is...

Excerpt: ...n for preliminary settlement is will be approved by the court upon clarification of the discrepancy between the settlement agreement, which says fees and costs $16,625, and all of the other documentation, which indicates up to $7,500 in costs and $14,000 in attorney fees. The hearing on the final approval of the settlement will be scheduled on this date. Preliminary Approval Standard Approval of class actions settlements occurs in two steps: Firs...

Excerpt: ...s granted in full. Plaintiffs' motion for entry of judgment is denied. These motions were initially scheduled to be heard on March 17, 2020. Due to the covid-19 pandemic, they were continued to this date. Background Superior Court of California County of Los Angeles Dollar Shave Club, Inc., et al., Plaintiff, Case No. BC678761 v. [Tentative] Ruling Edgewell Personal Care Company, et al. Defendants. Plaintiffs filed this action on October 6, 2017,...

Excerpt: ...oaquin v. City of Los Angeles (2012) 202 Cal.App.4th 1207, the holding of which is important to this case and is discussed at length below. The court will hear further argument as to the applicability of Joaquin. After hearing counsel's arguments, the court will determine whether to adopt its analysis or take the matter under submission. Defendant's Evidentiary Objections to Walter Finnigan's Declaration The court will not consider defendant's wr...

Excerpt: ... amend as to the fourth, fifth, sixth, and seventh causes of action for breach of the covenant of good faith and fair dealing, breach of the duty of loyalty, intentional interference with contractual relations, and violation of the unfair competition law. The motion to strike is denied. Meet and Confer Superior Court of California County of Los Angeles Dollar Shave Club, Inc., et al., Plaintiff, Case No. BC678761 v. [Tentative] Ruling Edgewell Pe...

Excerpt: ...ied. Section 403.040 of the Code of Civil Procedure governs motions for reclassification. A defendant may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) A plaintiff's classification of the case as unlimited should remain as long as there is a possibility that the damages might exceed $25,000. (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 2...

Excerpt: ...imilian Hermann, Oleg Hermann, and Hermann SportManagagement, GbR Ruling: Moskal's demurrer is overruled. Moskal has 30 days to answer the complaint. Cross-defendant Melissa Moskal demurs to the fifth cause of action in the first amended cross-complaint for equitable contribution, which is the only cause of action the FACC asserts against Moskal. There is no meaningful difference between equitable indemnity and equitable contribution, at least fo...

Excerpt: ...ants' joint motion to compel arbitration is granted. This action is ordered stayed pending the outcome of the arbitration. The court's records reflect that Thomas Richards was personally served with the summons and complaint on January 21, 2020, but that he has not responded in any way. If Richards is present at this hearing, he should state his position with respect to submitting this matter to binding arbitration. If Richards is not present, pl...

Excerpt: ...nted. This action is ordered stayed pending the outcome of the arbitration. Requests for Judicial Notice Both parties' requests for judicial notice are granted as to the existence of the documents and denied as to the truth of any matters asserted therein. Plaintiff's Evidentiary Objections Bryan Hickey's Declaration Objections 1-13 are overruled. Defendants' Evidentiary Objections Alexis Bullock's Declaration Objections 1-5 are overruled. Object...

Excerpt: ... 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 $20,562 in attorney fees plaintiff reasonably incurred in connection with this motion. Plaintiff's objection to defendants' reply brief is overruled. Defendants move for an order setting aside their defaults entered on February 2...

Excerpt: ...endant's demur to plaintiff's fourth cause of action for fraudulent concealment is overruled. The motion to strike punitive damages is denied. Defendant has 30 days to answer the complaint. Meet and Confer Defendant has filed a declaration showing compliance with the meet and confer requirements set forth in Code of Civil Procedure section 430.41. (See Declaration of Jason M. Avelar.) Demurrer Defendant demurs to plaintiff's fourth cause of actio...

Excerpt: ... Ruling: Defendant Ana Roman's motion for summary adjudication is denied in full. Defendant Yousuf Nabi's motion for summary adjudication is also denied. Defendants' Evidentiary Objections Defendants Yousuf Nabi and Ana Roman jointly objected to the declaration of Jane Un. Objections 1-54 are overruled. Legal Standard “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that...

Excerpt: ...iffs Thomas J. Meza and Helen F. Meza Ruling: Basile defendants' demurrer is sustained with 30 days leave to amend. RFL and MGC's demurrer is sustained with 30 days leave to amend. Dovenmuehle's unopposed demurrer is sustained without leave to amend. Basile Defendants' Demurrer Superior Court of California County of Los Angeles Thomas J. Meza, et al., Plaintiffs, Case No. 19STCV34911 v. [Tentative] Ruling Basile & Associates, et al., Defendants. ...

Excerpt: ...ves for leave to file a cross-complaint alleging causes of action for fraud by intentional misrepresentation, fraud by concealment, negligent misrepresentation, conspiracy to commit fraud, aiding and abetting fraud, conversion, and unjust enrichment. Superior Court of California County of Los Angeles Fatima Patricia Cisneros de Mancia, et al., Plaintiffs, Case No. BC706431 v. [Tentative] Ruling Gary Taglyan, et al. Defendants. Plaintiffs oppose t...

Excerpt: ..., document entitled “Jason's version of incident,” and the text messages included in the “Recent gossip” email. Plaintiff is ordered to produce those documents within 30 days of this ruling. Both parties' requests for sanctions are denied. Meet and Confer Superior Court of California County of Los Angeles Jason Ashley, Plaintiff, Case No. BC629036 v. [Tentative] Ruling Timothy Krehbiel, et al. Defendants. Resident has filed a declaration ...

Excerpt: ...tiffs' complaint. Meet and Confer Defendant has filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Decl. of Thomas Zimmerman.) Request for Judicial Notice The parties' requests for judicial notice are granted as to the existence of the documents, but not as to the truth of any matters asserted therein. Demurrer Plaintiffs' complaint seeks declaratory relief and to quiet title based on a theor...

Excerpt: ...vid Edward Rivera, D.C. and David Rivera Chiropractic, Inc. Ruling: CHPC's motion for summary judgment is denied. The motion for summary adjudication is denied as to the first and second causes of action for breach of contract and violation of fair procedure and granted as to the punitive damages claim. Cross-Complainants' Evidentiary Objections Second Amended Cross-Complaint (Exhibit 1) Objections 1-4 are overruled. Declaration of John Barton Fi...

Excerpt: ... to quashing but granted as to modifying the subpoena to the medical and insurance records as set forth below and limited in time from the date of the subject accident to present. Review of the records produced in accordance with this ruling shall be limited to defendant's counsel and consulting experts only. 2. Plaintiff's motion to compel further is granted. Defendant is ordered to provide further responses and produce responsive documents with...

Excerpt: ... Communications, Inc. and Jeremy Gerson Responding Party: Plaintiffs/Cross-Defendants Kevin Saurer and Jeff Saurer Ruling: (1) Defendants' motion is granted as to the second, third, fourth, fifth, and eighth causes of action for rescission based on illegality or public policy, rescission based on unconscionability, rescission based on mutual mistake, rescission based on unilateral mistake, and negligence. The motion is denied as to plaintiffs' fi...

Excerpt: ...f Korean American Chamber of Commerce, USA Ruling: The motion for reconsideration is denied in full. This motion was initially scheduled to be heard on March 17, 2020, but was continued to this date due to the covid-19 pandemic. Objections All objections by both parties are overruled. Motion for Reconsideration Section 1008, subdivision (a) provides that, within 10 days after service of written notice of the entry of the order, a party may make a...

Excerpt: ...er to plaintiff's fourth cause of action for fraudulent inducement – concealment is overruled. The motion to strike is denied. Defendants have 30 days to answer to the complaint. Meet and Confer Defendants have filed a declaration that meets the requirements set forth in Code of Civil Procedure section 430.41. (See Decl. of Sara Kohgadai.) Demurrer to Fourth Cause of Action for Fraudulent Inducement – Concealment Defendants demur to plaintiff...