Excerpt: ...int an appraiser. Following an appeal, the parties stipulated to the appointment of an appraiser and agreed that the appraisal process should be stayed pending the Court's resolution of the dispute about the method of appraisal. The parties also stipulated to filing cross-motions for summary judgment. On March 5, 2021, Douglas Emmett and I&G each filed a motion for summary judgment of the cross-complaint. BACKGROUND FACTS Douglas Emmett owns and ...

Excerpt: ... Psykyssyanna Hart and Jesse Morgan Ruling: Demurrers overruled. Motions to strike denied. Plaintiffs to amend within 30 days of this order to set forth the probate court's findings. Demurrers Defendants Walgreens Company (“Walgreens”), American Protection Group, Inc. (“APG”) and Donald Vincent Ciota II (“Ciota”) (collectively, “Defendants”) demur to and move to strike portions of the third amended complaint (TAC) of plaintiffs Ps...

Excerpt: ...action and without leave to amend as to the fourth, sixth, seventh, eighth and ninth causes of action. Defendant City of Los Angeles (“Defendant” or the “City”) demurs to the 4 th, 6 th,7th,8th, 9 th and 10 th causes of action of the second amended complaint (“SAC”) of plaintiff Jacqueline Jones (“Plaintiff”). Background Plaintiff, a former employee of Defendant's agency Los Angeles World Airports, has brought this lawsuit allegin...

Excerpt: ...��Defendant” or “California Box”) moves to compel plaintiff Esthela Ibarra (“Plaintiff”) to arbitrate her claims against California Box and its co-defendants. Background Plaintiff alleges she was an employee of California Box and co-defendant Istaff Solutions, LLC (“Istaff,” and with California Box, “Defendants”). Istaff is a temp agency. Plaintiff alleges that while employed by Defendants, she was subjected to harassment and ph...

Excerpt: ...) moves to compel defendant Hyundai Motors America (“Defendant”) to provide further responses to its Requests for Production Nos. 2, 11, 17, 20, 21, 22, 24, 36, 37, 38, 40, 54, 55, 69, and 70. The parties have met and conferred on these issues, discharging their obligation under Code Civ. Proc. § 2031.310. That said, this is not the first time the parties have involved the Court in motion practice on this same issue, as the parties acknowled...

Excerpt: ... Gary L. Zuckerman, M.D., P.C. (“Defendants”) move to compel plaintiff Laura Barajas (“Plaintiff”) to submit her claims to arbitration. Background Plaintiff alleges that she was an employee of Defendants in a medical practice beginning in June 2020. In September 2020, she was diagnosed with certain medical conditions and disabilities, and advised her employer that the demands of work had taken a toll on her health. Her employer sent her a...

Excerpt: ... compel further responses to her requests for production and form interrogatories from defendant Toi Hundley, a.k.a. Toi Bagnerise (“Defendant”). Background Plaintiff Gloria Chapman alleges that she had a written, notarized agreement with James Hundley, her former husband, to remain a tenant at 7001 7 th Ave. in Los Angeles, California (the “Property”) so long as she paid rent. She alleges that after James Hundley's death, defendants Toi ...

Excerpt: ...action for strict products liability and a claim for punitive damages is DENIED. Plaintiff Motion for Leave to Amend is GRANTED only as to the scrivener's errors. Plaintiff will be allowed to file a Second Amended Complaint, by using a Judicial Council Form Complaint, only for the purpose of checking off the boxes for wage loss, property damage, and loss of earning capacity. a. Request for Judicial Notice Uber's Request for Judicial Notice as to ...

Excerpt: ...n part. Plaintiff the People of the State of California (“Plaintiff”) moves to compel defendants HRB Digital, LLC (“HRB Digital”) and HRB Tax Group, Inc. (“HRB Tax,” and with HRB Digital, “Block”) to 1) expand its search for responsive documents to include the present; 2) search for documents concerning this or other lawsuits; and 3) include a confidentiality metadata field in its document productions. Background Plaintiff contend...

Excerpt: ...nda Marie Novovesky-Hixon and David Hixon (“Plaintiffs”) move for attorney fees following an agreement to settle this Song-Beverly action against defendant Kia Motors America, Inc. (“KMA”). Specifically, Plaintiffs seek $59,463 in attorney fees incurred, $3,456.78 in costs and expenses, a .35% multiplier enhancement ($20,812) and $3,500 in anticipated fees in responding to KMA's opposition. Background This case concerns a 2012 Kia Sorento...

Excerpt: ...tion of arbitration. Defendants BMW of North America, LLC (“BMW”) and McKenna Motors Torrance, Inc., doing business as South Bay BMW (“South Bay” and with BMW, “Defendants”) move to compel plaintiff Michael S. Kim (“Plaintiff”) to arbitrate his claims against them. A. Evidentiary Objections Plaintiff's objections no. 1-3 are overruled. B. Application of the Federal Arbitration Act (FAA) Defendants assert that Plaintiff's claims ar...

Excerpt: ...el, “Plaintiffs”) on the ground that its allegations are barred by the statute of limitations. Background Plaintiffs' operative SAC alleges, in pertinent part, as follows. In 2008, Miguel purchased the property located at 7425 Compton Avenue, a.k.a. 1459 E. 75 th St., Los Angeles, California 90001, APN 6021-003-035 (the “Property”). (SAC, ¶¶ 1, 6.) For credit reasons, Miguel took title through his brother, Manuel Rodriguez Chavez (“Ch...

Excerpt: ...and 996.480 and Labor Code § 98.2. Background This case is one of a number of related and consolidated matters all now assigned to this court. In or around July 2018, the Labor Commissioner awarded Plaintiff and several of her co-workers over $500,000 against Ojogho and A-1 Soccer Warehouse (“A-1”) for unpaid overtime, denied breaks, and the like. Ojogho and A-1 obtained appellate bonds from Surety as provided by the Labor Code intending to ...

Excerpt: ...subd. (a)(1).) California Code of Civil Procedure section 403.040 provides, in relevant part: “(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading. The defendant . . . may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. . . . The court shall grant the motion and enter an order for reclassification, regard...

Excerpt: ...er and Guaranteed Rate, Inc. (“Defendants”) demur to the third cause of action for declaratory relief in the first amended complaint of plaintiff Genevieve Rammelkamp (“Plaintiff”) on the ground that it fails to state a cause of action. Background Plaintiff alleges as follows. In July 2017, Plaintiff approached Defendants to obtain a reverse mortgage for her on certain property in Los Angeles. (First Amended Complaint (“FAC”), ¶ 9.) ...

Excerpt: ... for admissions, set three admitted against defendant Mercedes-Benz USA, LLC (“Defendant”) after Defendant failed to serve verified responses to the requests for admissions. No verified responses were served before the hearing. Plaintiff also moves to compel further responses from Defendant to Plaintiff's requests for production, set two. Under Code of Civil Procedure section 2033.280, subdivision (b), if a party to whom requests for admissio...

Excerpt: ...s”) demur to the cross-complaint of Defendant and Cross-Complainant Tacarra Williams (“Cross-Complainant”) on the ground that all causes of action are uncertain, ambiguous, and unintelligible, and fail to state causes of action. Background Cross-Complainant's form pleading alleges the following, in narrative form. In June of 2019, Cross- Complainant suspected that her daughter had suffered abuse at the hands of Cross-Defendant Barton. Cross...

Excerpt: ...ed the parties to meet and confer and to file a joint statement on their meet-and- confer efforts no later three court days beforehand (i.e. May 13, 2021). The Court ordered Defendant to give notice of the ruling. Defendant did not do so, and instead, Plaintiff gave notice on May 7, 2021. On May 11, 2021, Plaintiff's counsel filed a declaration stating that the parties had met and conferred on the arguments in the demurrer, but that as of May 11 ...

Excerpt: ...ate is denied. Plaintiff Tigran Kazarian (“Plaintiff”) moves for the court to consolidate this action with CAM Venture I REO, LLC v. Kazarian, Los Angeles Superior Court Case No. 20STUD03100, a limited civil unlawful detainer action also pending in the Superior Court. Requests for Judicial Notice Plaintiff requests that the court take judicial notice of the following: 1. the UD Action was filed on or about June 1, 2020; 2. on November 2, 2020...

Excerpt: ...nian Ruling: The motions brought against Defendant Hovannes Sinanian are moot. The motion to compel further responses to form interrogatories against Defendant Hovik Sinanian is granted. Hovik Sinanian shall provide responses without objections within thirty (30) days of this order. Sanctions are imposed against Hovannes Sinanian in the total amount of $2,912.50. Sanctions are imposed against Hovik Sinanian in the total amount of $667.50. Both sa...

Excerpt: ...mpel further responses must always be accompanied by a meet-and confer- declaration (per Code Civ. Proc., § 2016.040) demonstrating a “reasonable and good faith attempt an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2030.300(b), 2031.310(b)(2), 2033.290(b).) They must also be accompanied by a separate statement containing the requests and the responses, verbatim, as well as reasons why a further respons...

Excerpt: ...nded Complaint Moving Party: (1) The Meet Group, Inc. and Initech, LLC (2) Grindr LLC, Grindr Holdings LLC, and San Vincente Acquisition LLC Responding Party: (1)&(2) John Doe Ruling: Defendants' respective demurrers are sustained in their entirety with thirty (30) days leave to amend. The motion to strike is moot. Defendants The Meet Group, Inc. and Initech, LLC (“Growlr”) demur to Plaintiff John Doe's (“Plaintiff”) First Amended Complai...

Excerpt: ...��Defendant”) demurs and moves to strike Plaintiff Bern Benoit's (“Plaintiff”) Complaint. Third Cause of Action for Fraudulent Inducement – Concealment “[T]he elements of an action for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or s...

Excerpt: ...portManagement, GbR Ruling: The demurrer is overruled. The motion to strike is denied. Cross-Defendant K2 Promotions, LLC (“Cross-Defendant”) demurs and moves to strike portions of Cross-Complainants Dr. Maximilian Hermann, Oleg Hermann and Hermann SportManagement, GbR's (“Cross-Complainants”) First Amended Cross-Complaint (“FACC”). Demurrer to the Fifth Cause of Action for Equitable Indemnity On July 20, 2020, the court overruled the...

Excerpt: ...ion to set aside the entries of default shall be granted upon the filing of the proposed answer and proof of service of such. Defendants Tao & Josephine Corp., Tao Chen, Alice Lee, Vincent Wu (“Defendants”) move for orders setting aside the entries of default entered against Defendants, and for an order quashing service of summons. Plaintiff Nicholas Chen (“Chen”) objects to the declarations of Vincent Wu, Tao Chen, Alice Lee, and Evie Je...