Excerpt: ...dual arbitration and dismiss representative claims. Plaintiff opposed this motion. On April 1, 2022, this Court held a hearing on the motion and stayed the case in its entirety pending resolution of the U.S. Supreme Court case Viking River Cruises. On July 25, 2022, Defendant filed a notice of new authority regarding the motion to compel individual arbitration and dismiss representative claims, as the Viking River Cruises decision had been releas...

Excerpt: ...es 1 through 40 for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act – Section 1793.2; and (4) negligent repair. On June 14, 2022, Plaintiff filed a notice of settlement of entire case. On September 27, 2022, Plaintiff filed the instant motion for attorneys' fees and costs. Defendant filed opposition papers on October 11, 2022. P...

Excerpt: ...tiffs oppose Defendant's motion. Discussion I. Motion to Compel Arbitration Defendant has moved to compel arbitration as to Plaintiffs' individual PAGA claims. (Motion at p. 2.) California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972.) The petitioner bears the burden of prov...

Excerpt: ...serted in the Plaintiff's Complaint are for (1) Possession of Personal Property; (2) Conversion; (3) Negligence; (4) Promissory Fraud; and (5) Unfair Competition. Plaintiff filed this motion on September 2, 2022. The Discovery Two of the three motions addressed in this ruling were originally on calendar in this department on September 28, 2022. No substantive responses were provided to the Special Interrogatories. No Responses were provided to th...

Excerpt: ... Plaintiffs do oppose the motion to dismiss their representative PAGA claims. The Motion to Compel Arbitration of the individual PAGA claims is GRANTED. REPRESENTATIVE PAGA CLAIMS Defendants have requested that the Court dismiss Plaintiffs' representative PAGA claims based on the recent U.S. Supreme Court (SCOTUS) ruling in Viking River Cruises, Inc. v. Moriana. Plaintiffs, in opposition, have asked the Court to either deny Defendants' request, o...

Excerpt: ...ant's delay; and (3) Defendant's delay has prejudiced Plaintiffs. In determining whether a party waived contractual arbitration rights by participating in litigation, court s usually consider the amount of litigation, the time elapsed from the commencement of litigation to the request for arbitration, the proximity of a trial date when arbitration is sought, and whether the party filing the lawsuit intended to elect a judicial forum rather than t...

Excerpt: ...ost an undertaking in the reduced amount of $33,350 (rather that $43,350 as requested by moving party). Legal Standard “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an u...

Excerpt: ...s non-individual, or representative, PAGA claims and STAYS proceedings pending the California Supreme Court's decision in Adolph v. Uber Technologies, Inc., Case Number S274671. Judicial Notice Plaintiff asks the Court to take to take judicial notice of seven recent Superior Court of California rulings considering motions to compel arbitration after Viking River. Plaintiff desires to have this Court receive the benefit of the thinking of other Su...

Excerpt: ...ficiency of the evidence supporting the award, or the validity of the arbitrator's reasoning.... Indeed, with limited exceptions, ‘an arbitrator's decision is not generally reviewable for errors of fact or law, whether or not such error appears on the face of the award and causes substantial injustice to the parties.'” (Dept. of Personnel Admin. v. Cal. Correctional Peace Officers Ass'n (2007) 152 Cal.App.4th 1193, 1200. Accord California Sch...

Excerpt: ...st both in the amount of $2,000 plus $240 for filing fees against each of the two Defendants for their failure to comply with their discovery obligation. The discovery was served on June 28, 2022. Responses were due in early August 2022. No timely response were served. No request for an extension was sought. Moving party sent Defendants' counsel an email inquiring about the discovery responses. There was no reply. These motions were then filed in...

Excerpt: ... Fifth, Sixth and Seventh Causes of Action in the Second Amended Complaint. As to each Cause of Action, the basis for the demurrer is the claim that Plaintiff has not alleged sufficient facts to hold Trader Joe's vicariously liable for the conduct of its employee. A demurrer tests the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of t...

Excerpt: ...ewart (“Plaintiff”) filed this employment action against Defendants Dr. V Productions, Inc. (“DVP.”), Venus Nicolino (“Nicolino”), and Matthew Johnson (“Johnson”) (collectively, “Defendants”). The Complaint alleges the following causes of action cause of action: (1) Disability Discrimination in Violation of California Fair Employment and Housing Act; (2) Failure to Accommodate a Disability in Violation of California Fair Emplo...

Excerpt: ...gainst Defendants Drake Buchanan (“Buchanan”), Civic Financial Services, LLC (“Civic Financial”), Civic Securitization Trust II (“Civic Trust”), Entra Default Solutions (“Entra”), Fay Servicing LLC (“Fay”), Contempo Escrow (“Contempo”), Fast Action Mortgage, Inc. (“Fast Action”), Shanshan Xu (“Xu”), and Does 1 through 50 inclusive (collectively “Defendants”). Plaintiff alleges that Defendant Buchanan made mater...

Excerpt: ...�) rented an apartment from Defendant Kent Apts., LLC (“Defendant”) at 732 S. Normandie Ave., Los Angeles, CA 90005 (the “Property”). (Compl. ¶ 2.) Plaintiff alleges that the Property was “slum housing”, and that Defendant allowed a bed bug infestation to spread unabated, among other violations of the Civil Code. (Compl. ¶ 3.) Plaintiff was caused physical and emotional damage as a result of these housing conditions. (Compl.¶ 5.) P...

Excerpt: ... FACTUAL BACKGROUND This is an action about the unlawful towing of a vehicle. The operative First Amended Complaint (“FAC”) alleges as follows. Defendant Tow Zone Towing & Recovery (“Tow Zone”) unlawfully towed Plaintiff's vehicle (the “Subject Vehicle”). (FAC at p. 2.) Defendant Antonio Martinez (“Martinez”) owns Tow Zone. (Ibid.) Tow Zone then unlawfully sold the Subject Vehicle. (FAC at p. 6.) Plaintiff alleges that Defendant D...

Excerpt: ...WERS TO PLAINTIFF'S FORM INTERROGATORIES AS TO DEFENDANT PNP PRECIOUS METALS, INC. AND FOR MONETARY SANCTIONS. Plaintiff Cyrus Chady's Motion Compelling Responses to Plaintiff's First Request for Production of Documents as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Motion for Order Compelling Answers to Plaintiff's Form Interrogatories as to Defendant PNP Precious Metals, Inc. is GRANTED. Plaintiff Cyrus Chady's Re...

Excerpt: ...nswer. FACTUAL BACKGROUND This is an action for Breach of an Oral Contract for Joint Venture. The operative First Amended Complaint (“FAC”) alleges as follows. John Park (“Park”) founded Parkwest Casino in 1997. (FAC ¶ 6.) In 2020, Park purchased a minority share of a local Southern California casino with the intent to ultimately acquire the entire casino. (FAC ¶ 7.) The intended acquisition comprised of two parts; the operating company...

Excerpt: ...e Complaint alleges as follows. In April, 2017, Plaintiff Leon Snell (“Snell”) entered Defendant Numero Uno Market (“Numero Uno”) The security guard, later identified as being employed by Defendant Unified Protective Service, Inc. (“Unified”) proceeded to follow Snell and his friend around the store. (Compl. ¶ 7.) Snell alleges that the extra attention was due to his race; Snell is an African American man. (Ibid.) Snell paid for his ...

Excerpt: ...om the Bankruptcy Court, should it so choose. FACTUAL BACKGROUND This is an action for Quiet Title. The operative First Amended Complaint alleges as follows. Plaintiff MMZ Holdings, LLC (“MMZ”) owns property located at 1213, 1217, and 1223 Centinela Way, Inglewood, California (“Subject Property”). (FAC ¶ 2.) MMZ obtained a loan from Defendant Melissa Thomas (“Thomas”) in the amount of $2,400,000.00. (FAC ¶ 8.) The loan was secured b...

Excerpt: ...s follows. Plaintiffs 17421 Magnolia, LLC (“Magnolia”), Shai Cohen (“Cohen”) and Avraham Peretz (“Peretz”) (collectively “Buyers”) purchased real property (“Subject Property”) from Defendants Darlene Solotkin (“Solotkin”), Pam L. Van Cott (“Van Cott”), and Wendy Guggenheim (“Guggenheim”) (collectively “Trustees”). (FAC ¶¶ 2-5.) Defendants Mary Tempel (“Tempel”) and Rodeo Realty, Inc. (“Rodeo”) (collec...

Excerpt: ...int alleges as follows. Plaintiff Miesha Ellie (“Ellie”) was employed as a Group Home Counselor by Defendant Wayfinder Family Services, Inc. (“Wayfinder”). (Compl. ¶ 12.) While Ellie was employed there, Wayfinder engaged in a variety of labor code violations, including break violations, wage and hour violations, and failure to indemnify employees for necessary expenditures. Plaintiff brings this suit pursuant to PAGA, which allows her to...

Excerpt: ...CKGROUND This is an action for breach of contract. The operative Second Amended Complaint (“SAC”) alleges as follows. Defendants Danny Gerardi (“Gerardi”) and Thomas Atwood (“Atwood” collectively with Gerardi, the “Sellers”) hired Defendant Rodeo Realty, Inc. (“Rodeo”) in 2011-2013 and 2017 to help sell their house. (SAC ¶¶ 12- 13.) Defendant Douglas Elliman of California, Inc. (erroneously sued as Douglas Elliman, Inc.) (�...

Excerpt: ...OUT LEAVE TO AMEND on the basis that the claims must be asserted by the personal representative, Richard Cordova. Defendant Bank of America's demurrer to all claims asserted by Plaintiff Maria Poroy is SUSTAINED WITHOUT LEAVE TO AMEND on the basis that she has no individual claims in this case. Defendant Bank of America's demurrer to all claims asserted by Richard Cordova as individual claims (as opposed to claims asserted by him in his represent...

Excerpt: ...h Cause of Action in the First Amended Complaint is SUSTAINED. Plaintiff is requested to inform the Court if she seeks leave to amend and she is requested to be prepared at the hearing to state what additional facts she believes she may properly allege that would be sufficient to state a claim for intentional infliction of emotional distress. FACTUAL BACKGROUND This is an action for employment discrimination. The operative First Amended Complaint...

Excerpt: ... Cross-Defendants. On May 11, 2021 Edwin Kendrick, MD and California Vein Vascular and Diagnostic, Inc. filed a “First Amended Cross-Complaint.” That was filed by Allan Perry of the Law Office of Allan E. Perry, APC. At issue before this Court is the January 28, 2022 “First Amended Cross Complaint of Edwin Kendrick.” The only identified cross complainant to that action is “Edwin Kendrick, MD.” The cross complaint was filed by Edwin Ke...

Excerpt: ...ended Complaint within 5 days. Defendants shall have 20 days after service to file a responsive pleading. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The Second Amended Complaint (“SAC”) alleges as follows. Nominal Defendant 10801 National LLC (“National”) was formed to control real property at 10801 National Boulevard, Los Angeles, California 90064. (SAC ¶ 7.) Defendant Farhad “Frank” Rahban (“Defendant”...

Excerpt: .... FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Defendant Fernando Tours, Inc. (“Fernando Tours”) entered into a Vehicle Promissory Note and Security Agreement (the “Agreement”) with Plaintiff United Leasing, Inc. (“United Leasing”). (Compl. ¶ 7.) Defendant Fernando Aguilar (“Aguilar”) was a guarantor to the agreement. (Compl. ¶ 17.) Pursuant to the agreement, Fernando Tours agree...

Excerpt: ... (“Santopietro”) entered into a contract with Defendant James Harden (“Harden”) and his agents, Defendants Jeff Wiseman (“Wiseman”), Patrick Michael (“Michael”), Lia Vasdekis (“Vasdekis”), LA Real Estate Rentals, LLC (“LA Real Estate”), and Solimar Management, LLC (“Solimar”), for Harden to rent Santopietro's home (“the Property”) for one week. (Compl. ¶ 5.) Included in the rental contract was a provision forbiddi...

Excerpt: ...ACKGROUND This is an action for employment discrimination and retaliation. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Julie Sevigny (“Sevigny”) suffers from severe anxiety and other mental and physical impairments. (FAC ¶ 7.) Additionally, her daughter suffered from a disability. (FAC ¶ 6.) Sevigny requested leave to care for her daughter, as well as leave recommended by her doctor for her own medical co...

Excerpt: ...f Thelmo Garcia (“Plaintiff”) entered into a lease agreement (“Agreement”) with Solar City Corporation (now Defendant Tesla) (“Defendant”). (Comp. ¶ 8.) Plaintiff agreed to pay $23,600.00, with total lease payments of about $26,126.00, in exchange for a 20-year lease of Defendant's solar panel system (“System”). (Ibid.) Plaintiff's main reason to obtain the System was to lower his electricity bill. (Compl. ¶ 10.) Defendant assur...

Excerpt: ...inued until a date to be determined at hearing. Plaintiff's Request for Sanctions against Danny Gomes Homes, Inc. and its Counsel of Record is DENIED. FACTS OF THE CASE This is an action for breach of contract. The Complaint alleges as follows. Plaintiffs leant $200,000.00 to Defendants to fund the opening of their Real Estate Business, Danny Gomes Homes (“DGH”). (Comp. ¶ 13.) Plaintiffs loaned this money to Defendants pursuant to an oral ag...

Excerpt: ...d as to Defendant Harari only. Defendants' Demurrer to the Fourth Cause of Action is SUSTAINED with leave to amend. Defendants' Demurrer to the Eighth, Ninth, and Tenth Causes of Action are SUSTAINED without leave to amend as to all Defendants. FACTUAL BACKGROUND This is a wrongful foreclosure action concerning the residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (TAC ¶ 1.) The operative Third Amen...

Excerpt: ... of reasonable attorney fees will be determined at hearing. FACTUAL BACKGROUND This is a petition to deposit to the Court disputed surplus funds resulting from a foreclosure sale. Petitioner First American Title Insurance Co. is the trustee under a Home Equity Conversion Deed of Trust executed by Effie M. Porter on July 25, 2012. (Petitioner's Appendix of Exhibits, Exh. A.) The Deed was secured by real property located at 19006 Belshaw Ave., Cars...

Excerpt: ...for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud in accordance with Section 3294. Evidence of profit and financial condition shall be admissible only as to the defendant or defendants found to be liable to the plaintiff and to be guilty of malice, oppression, or fraud. Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and f...

Excerpt: ...is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The operative First Amended Complaint alleges as follows. The Rahban family owns three commercial properties in the Los Angeles area. (FAC ¶ 1.) Defendant Farhad “Frank” Rahban (“Defendant”), until recently, managed all three properties. (FAC ¶ 2.) Defendant misused the properties' funds for his own personal benefit. (FAC ¶ 2.) He also misused the companies...

Excerpt: ...nd do so under Code of Civil Procedure section 581(c)? Nominal Defendant 10801 National, LLC's Motion to Dismiss Derivative Claims in Plaintiff's Second Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of fiduciary duties. The operative Second Amended Complaint alleges as follows. Nominal Defendant 10801 National LLC (“National”) was formed to control real property at 10801 National Boulevard, Los Angeles, Californ...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of insurance policy. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Plaintiff”) had an insurance policy with Defendant Tokio Marine America Insurance Company (“Defendant.”) (Compl. ¶ 7.) The policy compensated direct physical loss to Plaintiff's Property by a covered peril. (Ibid.) Plaintiff hired non-party Build a Dream Construction (“BAD”) to build a deck on his proper...

Excerpt: ...or breach of contract. The Complaint alleges as follows. Plaintiff 608 Mateo, LLC (“Mateo”), as lessor, and Defendants Arts District Patient Collective, Inc. (“ADPC”) and James Shaw (“Shaw”), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but...

Excerpt: ...DENIED. FACTUAL BACKGROUND This is an action for legal malpractice. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Linda Whitcombe (“Whitcombe”) filed a personal injury lawsuit following an injury in October 2011. (SAC ¶ 6.) On March 30, 2017, Whitcombe's attorney (non-Defendant John Howard) (“Howard”) referred the case to Defendant David Raphael Olan at the Olan Law Corporation (collectively, “Olan”. (SAC ¶ ...

Excerpt: ...UND This is a discrimination and wage/hour action. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Salvador Orozco (“Plaintiff”) was hired by Defendant Landscape Development, Inc. (“Defendant”) as a foreman in March of 2013. (FAC ¶ 9.) While working for Defendant, Plaintiff was regularly denied his due meal and lunch breaks, was required to work overtime hours without compensation, and was asked to purchas...

Excerpt: ... Demurrer to all Causes of Action in the First Amended Complaint is OVERRULED. Defendants Lara Sinitsin and Del Sol Property Management, Inc.'s Motion to Strike Portions of the First Amended Complaint is PARTIALLY GRANTED AND PARTIALLY DENIED. FACTUAL BACKGROUND This is a breach of contract, breach of fiduciary duty, and contractual fraud action. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Encino Newcastle Home...

Excerpt: ...liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various products and machines as a Machinist that caused him to be exposed to toxins, fibrogens, or carcinogens during the course of his employment. (SAC ¶ 30.) The exposure to these substances caused toxic injury to Decedent, ultimately leading to his death. (SAC ¶ 30.) Defendants are suppliers, distributors, and/or...

Excerpt: ...GA action. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked;...

Excerpt: ...eges fraudulent transfers meant to circumvent enforcement of said prior judgment. On September 27, 2021, Plaintiff bow Tie Realty & Investment, Inc. (“Plaintiff”) filed the instant action's Complaint against defendants Chung Soonkyo, LLC, Comet Hyesung, LLC, and Caroline S. Lee (collectively, the “Defendants”), alleging causes of action for (1) Declaratory Relief; (2) Fraudulent Transfer; (3) Civ. Code section 3412; and (4) Aiding and Abe...

Excerpt: ... LLC's Motion for Summary Adjudication of Plaintiff's Claim for Punitive Damages is GRANTED. FACTUAL BACKGROUND This is an action for wrongful termination. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Christian Cruz (“Plaintiff”) was hired by Defendant fusionZONE Automotive, LLC (“Defendant”) in April of 2017. (FAC ¶ 11.) Defendant is a website developer that creates digital dealership websites for car manufactur...

Excerpt: ...ESTMENT, LLC'S FIRST AMENDED CROSS-COMPLAINT Cross-Defendant CSE Safeguard Insurance Company's Demurrer to Cross- Complainant Dek Loma Investment, LLC's First Amended Cross-Complaint is SUSTAINED. FACTUAL BACKGROUND This is an action for insurance coverage. The Complaint alleges as follows. Plaintiff CSE Safeguard Insurance (“CSE”) issued a commercial liability insurance policy to Defendant Dek Loma Investment, LLC (“Dek Loma”) in connect...

Excerpt: ...UND This is an action for Fraudulent Conveyance. The Complaint alleges as follows. Plaintiff Shahrokh Mokhtarzadeh (“Plaintiff”), a law firm, represented Defendant Elnaz Houshmand Naghasan (“Defendant” or “Elnaz”) in her divorce proceedings from August 2015 to May 2017. (Complaint ¶ 7.) Defendant has not paid Plaintiff for services rendered and owes Plaintiff over $714,000.00. (Compl ¶ 8.) Throughout the course of the proceedings, t...

Excerpt: ...GA action. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked;...

Excerpt: ...RANTED. FACTUAL BACKGROUND This is an action for breach of an insurance policy and breach of contract. The Complaint alleges as follows. Plaintiff Airborne Wireless Network (“Plaintiff) entered into a contract with Defendant ViaLight Communications GMBH (“ViaLight”) to purchase two laser-based communication terminals, which are designed and/or manufactured by Defendant Mynaric Lasercom GMBH (“Mynaric”). (Comp. ¶¶ 14- 15.) Plaintiff th...

Excerpt: ...mployed by Defendant Harte, LLC (“Defendant”) as a member of the kitchen staff. (Compl. ¶¶ 18-20.) Plaintiff alleges Defendant engaged in multiple wage and hour violations throughout the course of her employment. PROCEDURAL HISTORY Plaintiff filed the Complaint on May 2, 2019, asserting 13 Causes of Action: 1. Violation to Pay Minimum Wage; 2. Failure to Compensate for All Hours Worked; 3. Failure to Pay Overtime Compensation; 4. Failure to...

Excerpt: ... on the face of the pleading itself without consideration of any extrinsic evidence. With very limited exceptions, none of which are applicable to this demurrer, defendant may not challenge the factual allegations in the complaint nor raise new factual matter. Instead, a demurrer makes the assertion that even if all of the facts alleged in the complaint are true, the plaintiff still loses. See, Serrano v. Priest (1971) 5 Cal.3d 584, 591: “We tr...

Excerpt: ...e to comply. The property involved is a mobilehome and the action is governed by Civil Code § 798 et seq., the Mobilehome Residency Law. Defendant filed two answers, both filed December 17, 2019. (Defendant had been defaulted and moved to vacate the default and judgment. That motion was granted on December 17, 2019, and trial was scheduled for December 23, 2019.) On December 23, 2019 the matter was called for trial and Defendant filed his Motion...

Excerpt: ... of action and is uncertain. “In particular, the FAC is fatally defective in that it is not verified as required by law, fails to correctly identify the plaintiff and plaintiff's capacity, and the underlying notice misstates the amount due and was not properly served.” (Demurrer P&As pg. 2:15-17.) A general demurrer tests the legal sufficiency of the allegations of the complaint. A demurrer must be based on defects that appear on the face of ...