Excerpt: ...gligence claim. The Motion to Strike is GRANTED WITHOUT LEAVE TO AMEND as to the prayer for punitive damages and supporting allegations of fraud, oppression and malice. Plaintiffs shall file a First Amended Complaint within 20 days of this Order. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On February 23, 2021, Plaintiffs Freida Jackson and Michael Jay Jackson filed a Complai...

Excerpt: ...as a whole and the reference in Paragraph 33 to “Atlas and Hwang.” Defendants to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person due to the COVID‐19 Pandemic. BACKGROUND On October 3, 2019, Plaintiff First Law Group, APC filed a Complaint against Defendants Hugo Granadeno (“Hugo”), Doris Granadeno (“Doris”), Hugo Granadeno Drywall Company (“HG...

Excerpt: ... a Complaint against Defendant Jason Streatfeild and Does, seeking declaratory relief that Defendant may not pursue FINRA arbitration which Defendant initiated against Plaintiff. On May 14, 2021, Defendant filed a Motion to Compel Arbitration. On August 18, 2021, Plaintiff filed an Opposition to the Motion to Compel. On August 24, 2021, Defendant filed a Reply in support of his Motion to Compel. DISCUSSION Applicable Law A trial court is required...

Excerpt: ...ACKGROUND On July 2, 2019, Plaintiff Alberto Andrade Aguilar filed a Complaint against Defendant FCA US LLC and Does 1-10 stating causes of action under the Song-Beverly Act. On March 17, 2021, Plaintiff filed a Memorandum of Costs. On June 14, 2021, Plaintiff filed a Notice of Settlement of Entire Case. On August 9, 2021, Plaintiff filed a Motion for Attorney's Fees and Costs. On August 18, 2021, FCA filed an Opposition. On August 24, 2021, Plai...

Excerpt: ...stating causes of action for partition of real property, accounting, and breach of fiduciary duty seeking to partition and sell 23338 Wagon Trail Road, Diamond Bar, CA 91765 (the “Property”). Plaintiff alleges he and Defendant are joint owners of the Property. On December 20, 2019, default was entered against Defendant. On August 10, 2021, Plaintiff filed a request for entry of default judgment against Defendant seeking an interlocutory judgm...

Excerpt: ...NED WITHOUT LEAVE TO AMEND as to the unjust enrichment claim. The Demurrer is OVERRULED as to the breach of fiduciary duty claim. Plaintiff shall file a Second Amended Complaint within 20 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely by LA Court Connect. BACKGROUND On September 3, 2020, Plaintiff SK Rossgosstrakh PAO (“RGS”) filed a Complaint against De...

Excerpt: ...ihan and its counsel, Barzin Barry Sabahat, payable to Etehad Law within 30 days of this Order. Plaintiff to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear remotely rather than in person in view of COVID-19. BACKGROUND On May 20, 2019, Plaintiff Shahram Mirzaei filed a First Amended Complaint against Defendants Pejman Behkar, Law Offices of Pejman Behkar, Mihan Corporation and Does 1-10 stating caus...

Excerpt: ...ctive order. The Motion to Compel Further Responses is GRANTED as to Form Interrogatories 2.2, 2.3, 2.5 and 2.6. The Motion is otherwise GRANTED subject to the protective order. Further responses are due within 30 days of entry of the Proposed Protective Order. Yamaguchi to give notice. Counsel are strongly encouraged to appear by LA Court Connect rather than in person if they do not submit on the tentative, in view of the COVID-19 Pandemic. BACK...

Excerpt: ... sanctions is DENIED. Plaintiffs to give notice. BACKGROUND On February 1, 2021, Plaintiffs Samuel Kim and Cali Blue Sky Investment, Inc. filed a Complaint against Defendants Vape Pens Wholesale, U.S. Fulfillment, Inc., James Paul Davis, Luis Mundo Garcia, Josue Danilo Osorio and Does 1-50 stating causes of action for statutory trademark infringement, common law trademark infringement, trademark dilution, unfair competition and deceptive business...

Excerpt: ...onal distress, wrongful termination and negligent hiring and supervision. The Motion is GRANTED as to the cause of action for breach of implied-in- fact contract as stated against Defendants generally. The Motion is DENIED as to the causes of action against Defendants generally for failure to accommodate, failure to engage in the interactive process, failure to prevent harassment, and DENIED as to each of the FEHA claims against Arce. Defendants ...

Excerpt: ...easonable attorney's fees and costs, and settlement administrator's fees. Settlement of PAGA claims requires court approval. (Labor Code sec. 2699(l)(2) (“The superior court shall review and approve any settlement of any civil action pursuant to” PAGA.)) However, “[n]either the California legislature, nor the California Supreme Court, nor the California Courts of Appeal, nor the California Labor & Workforce Development Agency (‘LWDA') has...

Excerpt: ... DENIED otherwise. Defendants to give notice. If counsel do not submit on the tentative, they are encouraged to appear remotely rather than in person. BACKGROUND On December 18, 2018, Plaintiffs ART Reproductive Center, Inc. (“ART”) and Advanced Reproductive Technologies of Santa Barbara, LLC (“ART SB”) filed a Complaint against Defendants Embryonics, Inc. and David Hill, M.D. (“Defendants” herein) stating causes of action for aiding ...

Excerpt: ...rance contract; (2) breach of implied covenant of good faith and fair dealing; (3) violation of California Insurance Code section 790, et seq.; (4) violation of California Business and Professions Code section 17200; and (5) fraud. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respo...

Excerpt: ...Further Responses to the Requests for Production and Form and Special Interrogatories without objection within 30 days of this Order. The Court imposes monetary sanctions of $1,934.95 jointly and severally against Defendant and counsel of record. Plaintiff to give notice. The parties are encouraged to appear remotely via LA Court Connect rather than in person. BACKGROUND On April 7, 2020, Plaintiff Wardell Maurice Tinsley filed a Complaint agains...

Excerpt: ...of contract claim; SUSTAINED WITH LEAVE TO AMEND as to the fraud, negligent misrepresentation, promissory estoppel, reformation, and financial elder abuse claims; and OVERRULED as to the promissory estoppel claim. Escalate's Demurrer is OVERRULED. Defendant shall file a First Amended Cross-Complaint within 25 days of this Order remedying the identified defects. Defendant to give notice. If counsel do not submit on the tentative, they are strongly...

Excerpt: ...tely rather than in person. BACKGROUND On June 5, 2019, Madison Kaplan (“Madison”) filed a Complaint against Justin Gimelstob and Does 1-10 stating causes of action for loss of consortium and intentional and negligent infliction of emotional distress arising out of an alleged assault by Gimelstob on her husband Randall Kaplan (“Randall”) on October 31, 2018.[1] On February 28, 2020, Gimelstob filed a Cross-Complaint against Randall Kaplan...

Excerpt: ...ies shall submit the necessary materials for the MSC in accordance with CRC 3.1380(c). Kia to give notice. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On January 29, 2020, Kin Nghiem filed a Complaint against Defendants Kia Motors America, Inc. ("Kia"), Kia of Downtown, and Does 1-20 stating causes of action under the...

Excerpt: ...le the proposed Fourth Amended Complaint within 10 days of this Order. If the parties do not submit on the tentative, they are encouraged to appear remotely rather than in person in view of rising COVID-19 rates in Los Angeles County. BACKGROUND On September 29, 2020, Plaintiff Tenesshua Adams filed a Complaint against Defendants Pacific Villa, Inc., Glendora Grand, Inc., Centinela Grand, Inc., and Century Villa, Inc. (together “Defendants”),...

Excerpt: ... tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On July 1, 2020, Plaintiffs David Reed and Connie Reed filed a Complaint against Defendants Cal. Homes Group, Inc., Eddie Salinas, and Does stating claims for breach of contract and fraudulent promise based on Defendants' nonperformance of a Stipulation for Settlement and Mutual Release of Claims entered into by the parties on January 10, 2020. Plainti...

Excerpt: ...own to give notice. If counsel do not submit on the tentative, they are encouraged to appear by LA Court Connect rather than in person. BACKGROUND On May 20, 2020, Plaintiff Abel A. Betancourth Caceres filed a Complaint against Defendants Crown Building Maintenance Co., Able Building Services Group, Inc. and Does 1- 20 stating causes of action under the Labor Code for failure to pay wages, pay sick time, provide itemized wage and hour statements,...

Excerpt: ...d with prejudice. The Motion is CONTINUED to November 2, 2021 for supplemental briefing as to whether the GCA applies to Counts I, III, V and VII (the federal USERRA claims) or is preempted. Plaintiff shall file a Supplemental Brief presenting her arguments on this point at least ten (15) days before the hearing. Any Response thereto shall be filed at least five (5) days before the hearing. The Supplemental Brief and Response shall not exceed twe...

Excerpt: ...f counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of the COVID‐19 pandemic. BACKGROUND On December 30, 2020, Plaintiff SP Investment Fund I, LLC (“SPIF”) filed a Complaint against Defendant Fred F. Levinson and unnamed Does stating causes of action for breach of contract, conversion, and deceit (fraud) arising out of an agreement for Levinson to sell to SPIF a ...

Excerpt: ... LA Court Connect rather than in person in view of rising COVID-19 rates in L.A. County. BACKGROUND On October 29, 2019, Plaintiffs J&J Tax, Inc., Justin Young Raw Kim, and Jong Hyun Kim filed a Complaint against Defendants Universal CPA, Inc., Do Kyun Kim, and Does 1-10, stating causes of action for fraud, breach of fiduciary duty, and breach of the implied covenant of good faith and fair dealing, seeking damages and unspecified injunctive relie...

Excerpt: ...hey are encouraged to appear remotely rather than in person. BACKGROUND On September 4, 2019, Plaintiff Art of Management LLC ("AOM" or "AOM LLC") filed a Complaint against Defendants Fawaz Istwani, Jackson Cafe, Inc. and Does 1-20, stating causes of action for goods sold and delivered, open book account, and account stated. On January 31, 2020, Defendants filed a Cross-Complaint against Art of Management, LLP ("AOM" or "AOM LLP") and Roes 1-20, ...

Excerpt: ...881.60 in attorney's fees. Plaintiff is entitled to costs and expenses of $8,831.28 after taxing $1,424.65 in costs. Plaintiff to give notice and submit a Proposed Judgment consistent with the same. If counsel do not submit on the tentative, they are strongly encouraged to appear by LA Court Connect rather than in person in view of rising COVID-19 rates. BACKGROUND On December 28, 2018, Plaintiff Sandra Maldonado filed a Complaint against Kia Mot...