Excerpt: ... the Pleadings The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Andres Manzo and Eva Mora (“Plaintiffs”) filed this lemon law action against defendant Hyundai Motor America (“Defendant”) on December 3, 2018, alleging three causes of action for (1) violation of Song-Beverly Act—breach of express warranty, (2) violation of Song-Beverly Act—breach of implied warrant...

Excerpt: ...ervices Corporation Motion to Vacate Order Compelling Case to Arbitration The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants plaintiff Olivia Yanez de Herbert's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Plaintiff Olivia Yanez de Herbert (“Plaintiff”) filed this wrongful termination action against defendant Altamed Healt...

Excerpt: ...ONDING PARTIES: Defendants and cross-complainants Quincy Lee King and Reginald Dowdley (1) Demurrer to Cross‐Complaint (2) Motion to Strike Punitive Damages from Cross‐Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Anchor General Insurance Company (“Anchor General”) filed this action on September 16, 2021, against defendants Quincy Le...

Excerpt: ...ARTY: Defendant Simple Bar, Inc. (joined by defendant Adroit Private Security, Inc. on December 21, 2022) Motion to Quash or Modify Subpoenas The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff David Dallakian (“Plaintiff”) filed his operative First Amended Complaint in this action April 9, 2020, against defendants Simple Bar, Inc. and Adroit Private Security, Inc., based on...

Excerpt: ...ARTY: Defendant/Cross-Complainant Reseda Saticoy Auto Body and Paint, Inc. Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. EVIDENTIARY OBJECTIONS The court rules on defendant and cross-complainant Reseda Saticoy Auto Body and Paint, Inc.'s evidentiary objections, filed on November 28, 2022, as follows: O...

Excerpt: ...fendant American Honda Motor Co., Inc. RESPONDING PARTIES: Plaintiffs Nely Alejandra Correa Flores and Elvia Flores Pena (1) Motion to Compel Arbitration and Stay Proceedings (2) Demurrer to Complaint (3) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with the motion to compel arbitration. BACKGROUND Plaintiffs Nely Alejandra Correa Flores and Elvia Flores Pena (“Plaintif...

Excerpt: ...idered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Arin Yaghoubi (“Plaintiff”) filed this lemon law action against defendant Ford Motor Company on August 19, 2019. Plaintiff filed the operative Second Amended Complaint against defendants Ford Motor Company and Star Ford Lincoln on March 21, 2022, alleging 10 causes of action for (1) breach of the implied warranty of merchantability; (2) ...

Excerpt: ...PARTY: Plaintiff Robert Zettlemoyer RESPONDING PARTY: n/a Motion for Approval of Settlement and Entry of Judgment The court considered the moving papers filed in connection with this motion. No opposition to the motion was filed. BACKGROUND Plaintiff Robert Zettlemoyer (“Plaintiff”) seeks an order approving the settlement of his claim under the Labor Code Private Attorneys General Act of 2004 (Labor Code, § 2698, et seq.) (“PAGA”) set fo...

Excerpt: ...opposed Plaintiff's Motion for Issue, Evidentiary, Terminating, and/or Monetary Sanctions The court considered the moving papers filed in connection with this motion. No opposition papers were filed. BACKGROUND On February 25, 2021, plaintiff Ali Mohsen Saleh (“Plaintiff”) filed this action against defendants CHC Builders, Inc., Abraham Gottlieb, and Zvi Yizhak Kora, alleging five causes of action for (1) breach of contract; (2) fraud; (3) ne...

Excerpt: ...idered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Stephanie Clifford (“Plaintiff”) filed this declaratory relief action against defendants Donald J. Trump and Essential Consultants on March 6, 2018. Defendant Essential Consultants filed a Notice of Removal on March 16, 2018, advising the court that this action was removed to federal court. On March 26, 2018, Plaintiff filed the operativ...

Excerpt: ...TIES: Plaintiffs Addison Marchese and Michelle Marchese Motion to Bifurcate Trial on Statute of Limitations Defense The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants Wellman & Warren, LLP, Scott W. Wellman, and Christopher Wellman (“Defendants”) move the court for an order bifurcating trial to try Defendants' affirmative defense of statute of limitations prior to trying t...

Excerpt: ... Plaintiff Tamara Renee Hemphill (1) Demurrer to First Amended Complaint (2) Motion to Strike Portions of Plaintiff's First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Tamara Renee Hemphill (“Plaintiff”) filed this lemon law action against Kia Motors America, Inc. (“Defendant”) on May 1, 2020. Plaintiff filed the operative ...

Excerpt: ...y Wimmer Presents, LLC RESPONDING PARTY: Plaintiff and Cross-Defendant AEG Presents Productions, LLC Motion to Vacate Trial Date, Hearings on Motions for Summary Adjudication and Hearings on Discovery Motions The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff AEG Presents Productions, LLC (“Plaintiff”) filed this action on November 29, 2018 against defendant Danny Wimmer Pr...

Excerpt: ...NG PARTY: Plaintiff Rick Foster aka Eric Rubenstein Order to Show Cause Why the Court Should Not, on Its Own Motion, Grant a Motion for Judgment on the Pleadings The court considered the Response of Plaintiff re Court's Motion re Judgment on the Pleadings, filed by Plaintiff on October 7, 2022. BACKGROUND Plaintiff Rick Foster aka Eric Rubenstein (“Plaintiff”) filed this action against defendant Laura Rubenstein-Meadows, individually, as trus...

Excerpt: ...S: Plaintiffs Greg Mooradian and Debra A. Mooradian Motion for Order Staying Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Greg Mooradian and Debra A. Mooradian, individually and in their capacaties as trustees of the Greg and Debra Mooradian Family Trust (“Plaintiffs”), filed this action on May 26, 2017. Plaintiffs filed their operative First Amended Comp...

Excerpt: ...otion to Compel Arbitration and Stay Proceedings The court considered the moving, opposition, and reply papers filed in connection with this motion. JUDICIAL NOTICE The court grants Plaintiff's request for judicial notice. (Evid. Code, § 452, subd. (d).) DISCUSSION Plaintiff Curtis Dothard (“Plaintiff”) filed this lemon law action against defendants Ford Motor Company (“Ford”) and Santa Monica Ford Lincoln (“Santa Monica Ford”) (coll...

Excerpt: ...f Haryati T.S. Sentoso RESPONDING PARTIES: Defendants Keiko Hasegawa and Philip Sentoso, as personal representatives of the Estates of Mulyadi Tirto Susielo Sentoso (1) Motion for Leave to File First Amended Complaint MOVING PARTY: Plaintiff Haryati T.S. Sentoso RESPONDING PARTIES: Defendants Keiko Hasegawa and Philip Sentoso, as personal representatives of the Estates of Mulyadi Tirto Susielo Sentoso (2) Ex Parte Application to Continue Hearing ...

Excerpt: ...ration, Inc. RESPONDING PARTY: Plaintiff and Cross-Defendant Brian W. Crane Motion to Set Aside and Vacate Judgment The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court overrules Brian W. Crane's July 15, 2022 evidentiary objections. DISCUSSION Defendant and Cross-Complainant R.R. Crane Investment Corporation (“RRCIC”) moves the court for an order (1) setting asid...

Excerpt: ...laintiff Ivan Mendoza RESPONDING PARTY: Unopposed (1) Motion to Deem Requests for Admission Admitted MOVING PARTY: Plaintiff Ivan Mendoza RESPONDING PARTY: Unopposed (2) Motion to Compel Responses to Special Interrogatories MOVING PARTY: Plaintiff Ivan Mendoza RESPONDING PARTY: Unopposed (3) Motion to Compel Responses to Requests for Production of Documents The court considered the moving papers filed in connection with each motion. No opposition...

Excerpt: ...o Complaint MOVING PARTIES: Defendants Oren Gold, Nataly Gold, and Gold Aesthetic, Inc. RESPONDING PARTY: Plaintiff Micro Art, Inc. (2) Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Micro Art, Inc. (“Plaintiff”) filed this action against defendants Oren Gold (“Oren”), Nataly Gold (“Nataly”), and Gold ...

Excerpt: ... with the demurrer. BACKGROUND On July 27, 2021, plaintiff Christopher Nice (“Plaintiff”) filed a Complaint against defendant Apple, Inc. (“Defendant”)alleging causes of action for (1) discrimination on the basis of sexual orientation, (2) harassment, (3) negligent supervision, hiring, and retention (4) failure to prevent discrimination and retaliation, (5) intentional infliction of emotional distress, (6) retaliation, (7) wrongful termin...

Excerpt: ...Motion for Leave to File First Amended Answer The court considered the moving papers filed in connection with this motion. No opposition has been filed. DISCUSSION AND ORDER Defendants Wellman & Warren, LLP, Scott W. Wellman, and Christopher Wellman (“Defendants”) move the court for an order granting Defendants leave to file a First Amended Answer in response to the Complaint filed by plaintiffs Addison Marchese and Michelle Marchese (“Plai...

Excerpt: ...ition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Bonnie Duboff, on behalf of herself and all other limited partners of 245 Spalding Partners, L.P. (“Plaintiff”), filed this action on April 21, 2016, against defendant Linda Schermer, individually, as trustee of the Surviving Trustor's Trust under the Schermer Family Trust, as trustee of the Deceased Trustor's Trust under the Schermer Family Trust, and as trust...

Excerpt: ...2 COAST FUNDING GROUP, INC. (5) DEMURRER TO FIRST AMENDED COMPLAINT MOVING PARTIES: Defendants Jason Eugene Burt and Ladera Lending, LLC RESPONDING PARTY: Plaintiff Mary Jane Pardo 1. Demurrer to First Amended Complaint MOVING PARTIES: Defendants FortiFi Financial, Inc. and California Municipal Finance Authority RESPONDING PARTY: Plaintiff Mary Jane Pardo 1. Demurrer to First Amended Complaint MOVING PARTY: Defendant NewRez, LLC RESPONDING PARTY:...

Excerpt: ..., John Morris, and Gloria Tibbets RESPONDING PARTY: Plaintiff Roya Ranjbari 1. Demurrer to Complaint MOVING PARTIES: Plaintiff Roya Ranjbari RESPONDING PARTY: Defendant Liberty Mutual Insurance Company 1. Petition to Vacate or Set Aside Arbitration Award MOVING PARTIES: Defendants Liberty Mutual Fire Insurance Company, John Morris, and Gloria Tibbets RESPONDING PARTY: Plaintiff Roya Ranjbari 1. Motion for Stay of Proceedings The court considered ...

Excerpt: ...helle Marchese Motion for Summary Judgment The court considered the moving, opposition, and reply papers filed in connection with this motion. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield...

Excerpt: ...reitas RESPONDING PARTY: Plaintiff David Perry 1. Demurrer to First Amended Complaint 2. Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND On May 5, 2020, plaintiff David Perry (“Plaintiff”) filed the original Complaint in this action. The operative pleading is the First Amended Complaint (“FAC”), which a...

Excerpt: ...for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on Defendant's evidentiary objections material to the disposition of the motion as follows. (Code Civ. Proc., § 437c, subd. (q).) The court rules on Defendant's objections to Plaintiff's declaration as follows: The court overrules Objections No...

Excerpt: ..., and reply papers filed in connection with this motion. BACKGROUND On May 13, 2019, Plaintiff Soo In Kim (“Plaintiff”) filed a Complaint alleging causes of action for (1) violation of Civil Code section 1793.2(D); (2) violation of Civil Code section 1793.2(B); (3) violation of Civil Code 1793.2(A)(3); (4) breach of express warranty; (5) breach of implied warranty of merchantability; and (6) fraudulent inducement – concealment against Defen...

Excerpt: ...f Police Motion for Attorney's Fees The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Penal Code section 148.6 makes it a misdemeanor to file a knowingly false complaint of misconduct against a peace officer. (Pen. Code, § 148.6, subd. (a)(1).) The same statute requires law enforcement agencies to provide those complaining about peace officer misconduct with an advisory which includes ...

Excerpt: ...RODUCTION OF DOCUMENTS (4) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION MOVING PARTIES: Plaintiff Micaela Tobon RESPONDING PARTIES: Defendants DND Portfolio, LLC, and Modern Management Group, LLC 1. Motion to Compel Defendant DND's Further Responses to Form Interrogatories (Set One) 2. Motion to Compel Defendant DND's Further Responses to Requests for Admission (Set One) 3. Motion to Compel Defendant MMG's Further Responses to Req...

Excerpt: ..., Inc. Motion to Compel Compliance Pursuant to C.C.P. § 2031.320 Regarding Plaintiff's Request for Production of Documents, Set One The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff Zachary Martinsek (“Plaintiff”) served his Request for Production of Documents, Set One, on defendant Dave, Inc. (“Defendant”) on June 17, 2020. On September 14, 2020, Defendant responded ...

Excerpt: ...or Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on Plaintiffs evidentiary objections filed November 29, 2021 as follows: The court overrules Objections Nos. 1-5. The court rules on Defendant's evidentiary objections filed December 8, 2021 as follows: The court sustains Objections Nos. 1-3, 5-6. The court overrules Objection No. 4. LE...

Excerpt: ... for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion.[1] EVIDENTIARY OBJECTIONS The court overrules Plaintiffs' evidentiary objections filed August 4, 2020. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to deter...

Excerpt: ...n connection with the demurrer. BACKGROUND On August 12, 2020, plaintiff Angela Rios Miranda (“Plaintiff”) filed a Complaint against defendant WVP Previous Metals, LLC (“Defendant”) alleging fourteen causes of action arising from Plaintiff's employment with Defendant, including discrimination, retaliation, wrongful termination, and failure to pay wages. Defendant has filed a demurrer to the Complaint. REQUEST FOR JUDICIAL NOTICE The court...

Excerpt: ...and Cross-Complainant Kevin VFX, Inc. (formerly known as Brewster Parsons, Inc.) 1. Demurrer to Second Amended Cross‐Complaint 2. Motion to Strike Portions of Second Amended Cross-Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Grounded Nest, LLC filed this action on May 21, 2018, and filed its operative First Amended Complaint against defen...

Excerpt: ...n (2-3) Plaintiff/Cross-Defendant The Law Firm of Fox and Fox and Cross-Defendant Frank O. Fox RESPONDING PARTIES: (1) Plaintiff/Cross-Defendant The Law Firm of Fox and Fox (2-3) Defendant/Cross-Complainant Xing Qin Nelson (1) Motion to Expunge Notice of Pending Action (2) Demurrer to Cross‐Complaint (3) Motion to Strike Cross‐Complaint The court considered the moving, oppositions, and reply papers filed in connection with the demurrer and mo...

Excerpt: ... and Priscilla H. Wright 1. Demurrer to First Amended Complaint 2. Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiffs Michael F. Wright, individually and as trustee of the Michael F. Wright Individual Retirement Account, and Priscilla H. Wright, individually and as trustee of the Priscilla H. Wright Ind...

Excerpt: ...C. Cho Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants Plaintiff's request for judicial notice as to Exhibits 1-10. (Cal. Evid. Code § 452, subd. (d), (h).) The court grants defendant Young C. Cho's request for judicial notice as to Exhibits A through D. (Cal. Evid. Code § 452,...

Excerpt: ...e Equitable Claims The court considered the moving, opposition, and reply papers filed in connection with this motion. On March 8, 2019, Plaintiff/Cross-Complainant/Cross-Defendant Roger Manlin (“Manlin”) filed his complaint in this action against Defendant/Cross-Complainant/Cross-Defendant Steve Milner (“Milner”) alleging causes of action for (1) breach of partnership agreements, (2) breach of fiduciary duty, (3) fraud, concealment, and ...

Excerpt: ... moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court overrules Plaintiffs' evidentiary objections. The court overrules Defendant's evidentiary objections for failure to comply with California Rules of Court, rule 3.1354. Each written objection must “[q]uote or set forth the objectionable statement or material” and follow one of the two formats outlined in the California Rules of Court. (...

Excerpt: ...stic USA, Inc.'s Answer The court considered the moving papers filed in connection with the motion. No opposition was filed. BACKGROUND Plaintiff Design Collection, Inc. filed this action on July 17, 2015, against, inter alia, defendant Korchina Logistics USA, Inc. (“Defendant”). On February 24, 2016, Plaintiff filed the First Amended Complaint, alleging various causes of action for fraudulent transfers and conveyances, breach of contract, an...

Excerpt: ...s, Costs, and Expenses The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Vicente Villagomez (“Plaintiff”) filed this lemon law action on August 2, 2018 against defendant Kia Motors America, Inc. (“Defendant”). A Notice of Settlement of Entire Case was filed on May 19, 2020. Plaintiff moves for an award of $102,297.64, consisting of attorney's fees to Knight Law in the amount of $20,312.50, with an additio...

Excerpt: ...ebouh Donoyan RESPONDING PARTY: Plaintiff Luxurious Properties, LLC 1. Defendant Altounian's Demurrer to Complaint 2. Defendants SCL and Donoyan's Demurrer to Complaint 3. Defendants SCL and Donoyan's Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND On January 2, 2020, plaintiff Luxurious Properties, LLC (“Plaintiff”) filed a Complaint asserti...

Excerpt: ...Eduardo Villareal Demurrer to First Amended Petition and Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer. Petitioner/plaintiff Eduardo Villarreal (“Plaintiff”) filed his Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief on June 14, 2019, against respondents/defendants Los Angeles Unified School District, Austin Beutner, and Board of Education of the L...

Excerpt: ...ngeles World Airports, a department within the City of Los Angeles RESPONDING PARTY: Plaintiff Danielle Debise Motion for Summary Judgment or Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Danielle Debise filed this employment action against defendants Los Angeles World Airports and City of Los Angeles on May 5, 2017. Plaintiff filed her operative Fifth...

Excerpt: ... PARTY: Plaintiffs Jason J. Emer, MD, Professional Corporation and Jason J. Emer, M.D. (1) Demurrer to Complaint (2) Motion to Strike Portions of Plaintiffs' Complaint MOVING PARTIES: Plaintiffs Jason J. Emer, MD, Professional Corporation and Jason J. Emer, M.D. RESPONDING PARTY: Defendants Dee Rodrigo and Exod Arch, Inc. (3) Motion to Compel Further Responses to Special Interrogatories, Set 2 The court considered the moving, opposition, and repl...

Excerpt: ...NATIVE, SUMMARY ADJUDICATION MOVING PARTIES: Defendant Quiet Cannon Montebello, Inc., d/b/a Conference & Event Center RESPONDING PARTY: Plaintiff Dunia Cabrera 1. Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. MOVING PARTIES: Plaintiff Dunia Cabrera RESPONDING PARTY: Defendant Quiet Cannon Montebello, Inc., d/b/a Conferenc...

Excerpt: ... Order re Entry of Judgment in Accordance with Written Settlement Agreement The court considered the moving papers. No opposition papers were filed. BACKGROUND On October 4, 2018, plaintiff Wesco Insurance Company (“Plaintiff”) filed this action against defendants Airport Van Rental, Inc. and AVR PDX Inc. (“Defendants”) to seek damages for the defendants' failure to pay amounts due under a workers compensation insurance policy with Plaint...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Eddie Fleming 1. Demurrer to First Amended Complaint 2. Motion to Strike Portions of First Amended Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer. The court considered the moving papers filed in connection with the motion to strike. No opposition was filed to the motion to strike. BACKGROUND Plaintiff Eddie Fleming (“Plaintiff”) filed his original ...