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 ...

Excerpt: ... court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs filed this action on June 22, 2020 against defendants, alleging they are responsible for personal injuries suffered by the Plaintiffs from conditions on the property they were leasing. Defendants James Chow and Li Lai Hsia (collectively “Defendants”) move to quash the service of summons pursuant to Code of Civil Procedure section 418.10. Plaintiffs oppose the mo...

Excerpt: ...TIONS MOVING PARTY: Defendant AMLI Residential Partners, LLC RESPONDING PARTY: Plaintiff Sandra Lemare 1. Motion for Summary Judgment The court considered the moving, opposing, and reply papers. MOVING PARTIES: Defendants AMLI Residential Partners, LLC and Western National Builders RESPONDING PARTY: Plaintiff Sandra Lemare 1. Motion for Terminating Sanctions and in the Alternative Motion for Evidentiary Sanctions, to Compel Compliance with Order;...

Excerpt: ...s Jacob Blalock, Benjamin Novak, and Cross- Defendant Orion Precious Metals, Inc. RESPONDING PARTIES: Cross-Complainants Halt Gold Group LLC dba Patriot Gold Group LLC and Mike Celano 1. Cross‐Defendants' Motion to Quash the Business Records Subpoena Issued to Wholesale Direct Metals The court considered the moving, opposition, and reply papers. MOVING PARTIES: Plaintiffs and Cross-Defendants Jacob Blalock, Benjamin Novak, and Cross- Defendant ...

Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. The court has not considered the “Supplemental Declaration of Nelva Rodriguez in Support of Plaintiff's Opposition to Defendant's Motion to Set Aside Default Judgment.” This declaration was filed on September 24, 2021, after Defendant filed her reply papers. BACKGROUND Plaintiff Stevenson Law Office, PC (“Plaintiff”) filed this action against d...

Excerpt: ... RESPONDING PARTIES: Plaintiffs Gene Zilinskas and Dagmar Zilinskas Motion for Summary Judgment, or In the Alternative, Summary Adjudication of Issues The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Gene Zilinskas and Dagmar Zilinskas (“Plaintiffs”) filed this action on September 23, 2019. On February 4, 2021, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against defendants State Farm...

Excerpt: ...lecillo RESPONDING PARTY: Defendant/Cross-Complainant Neilia LaValle Philanthropies Special Motion to Strike Cross‐Complaint Pursuant to Code of Civil Procedure 425.16 The court considered all papers filed in connection with this motion. This includes the original notice and papers filed on January 31, 2020 that indicate John Lawrence Seitz seeks relief, the opposition papers filed on August 27, 2020, the reply papers filed on October 6, 2020, ...

Excerpt: ...Plaintiffs Ye Zhang and KYL Construction, Inc. 1. Demurrer to Complaint 2. Motion to Strike Punitive Damages from Complaint The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiffs Ye Zhang and KYL Construction, Inc. (“KYL”) (collectively “Plaintiffs”) filed a Complaint against Defendants Xiang Ling, Sumiko Abe, and KYL Construction, LLC (“KYL LLC”)...

Excerpt: ...ration RESPONDING PARTY: Defendant Dee Rodrigo Motion to Compel Dee Rodrigo to Provide Further Responses to Special Interrogatories, Set 4 The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND On October 30, 2019, plaintiffs Jason J. Emer, MD, Professional Corporation, and Jason J. Emer, M.D. filed a Complaint against defendants Dee Rodrigo, Exod Arch Inc., Primeability Development Inc., an...

Excerpt: ...e moving, opposition, and reply papers. BACKGROUND On June 6, 2020, plaintiff Miguel Guzman (“Plaintiff”) filed this action against his former employer, defendant Protec Building Services, Inc. (“Defendant”). The Complaint alleges the following causes of action: (1) age discrimination (Govt. Code § 12940 et seq.), (2) harassment/hostile work environment (Govt. Code § 12940 et seq.), (3) failure to prevent harassment/hostile work environ...

Excerpt: ... Nimoy and Steven S. Nimoy Motion for Summary Judgment or, Alternatively, Summary Adjudication The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Jessica M. Nimoy and Steven S. Nimoy (collectively, “Plaintiffs”) filed this action on March 8, 2019, against defendant Safeco Insurance Company of Illinois (“Defendant”), alleging two causes of action: (1) breach of contract and (2) tortious breach of implied c...

Excerpt: ..., Oasis Independent Medical Associates, Inc., Desert Medical Group, Inc., High Desert Medical Corporation, a Medical Group, Affiliated Doctors of Orange County Medical Group, Bakersfield Family Medical Group; Sierra Medical Group, Inc., and Coastal Communities Medical Group, Inc. RESPONDING PARTY: Plaintiff CEP America-California Motion for Summary Adjudication The court considered the moving, opposition, and reply papers. BACKGROUND On February ...

Excerpt: ...a Holdings, LLC, Debra L. Duggan, and Proland Management Company, LLC RESPONDING PARTIES: Plaintiffs Michael N. Koenig and Lauren M. Koenig Demurrer to First Amended Complaint The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Michael N. Koenig and Lauren M. Koenig (collectively, “Plaintiffs”) filed this lawsuit on August 10, 2018. On May 3, 2019, Plaintiffs filed their operative First Amended Complaint (“F...

Excerpt: ...isdiction The court considered the moving papers. No opposition was filed. BACKGROUND Plaintiff Abdul Ahmed (“Plaintiff”) filed this action on July 1, 2021, against defendants Salif Rahman (sued as Saif Rahman) (“Salif”), Christopher Steven Hernandez (“Hernandez”), and Hameed Rahman (“Hameed”) [1] (collectively, “Defendants”), alleging the following causes of action: (1) breach of contract, (2) breach of fiduciary duty, (3) co...

Excerpt: ...on to Set Aside Default Judgment, and to Quash any Writ of Possession/Execution The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Holualoa Mint, LLC (“Plaintiff”) filed this unlawful detainer action on August 27, 2021, against defendant Michael Cunningham (“Defendant”). The Complaint alleges the following. Defendant is in possession of the premises located at 1136 West 6th Street, Unit # 65, Los Angeles, ...

Excerpt: ...de Herbert Motion to Compel Arbitration and Stay Plaintiff's PAGA Claim The court considered the moving, opposition, and reply papers. BACKGROUND On November 12, 2020, plaintiff Olivia Yanez de Herbert (“Plaintiff”) filed this action against defendant Altamed Health Services Corporation (“Defendant”). The Complaint alleges the following fourteen causes of action: (1) disability discrimination (Govt. Code § 12940 et seq.); (2) retaliation...

Excerpt: ...MOVING PARTY: Petitioners March1, LLC and MarchLife3, LLC RESPONDING PARTY: n/a Motion to Confirm Arbitration Award and Enter Judgment Thereon The court considered the moving papers. Respondent Joshuaville, LLC did not file an opposition or response. REQUEST FOR JUDICIAL NOTICE Petitioners filed a request for judicial notice on September 7, 2021. The court grants petitioners' request for judicial notice as to Exhibits B and C. The court also gran...

Excerpt: ... Worldwide Promotions, LLC 1. Motion for Stay of Proceedings The court considered the moving, opposition, and reply papers, and plaintiffs' supplemental opposition, filed May 26, 2021, defendant's response to plaintiffs' supplemental opposition, filed June 15, 2021, and defendant's response to plaintiffs' opposition, filed July 2, 2021. MOVING PARTIES: Defendants Facebook, Inc. and Instagram, LLC RESPONDING PARTIES: Plaintiffs Anthony Aiello and ...

Excerpt: ...t Judgment The court has considered the moving, opposition, and reply papers. BACKGROUND On February 11, 2020, plaintiff Ben Soleimani.com, Inc. (“Plaintiff”) filed this action against defendant Brightpearl, Inc. (“Defendant”), alleging cause of action for breach of contract, common counts, and fraud. On September 29, 2020, Plaintiff filed an amended summons and first amended complaint (the “First Amended Complaint”). Defendant's prim...

Excerpt: ...cross-complainant R.R. Crane Investment Corp, Inc. RESPONDING PARTY: Plaintiff and cross-defendant Brian W. Crane, as Trustee of the Crane Family Trust for the Benefit of Brian W. Crane, and individually R.R. Crane Investment Corporation, Inc.'s Motion for Leave to File First Amended Cross- Complaint The court has considered the moving, opposition, and reply papers. BACKGROUND Prior to the initiation of this action, the sole shareholders of R.R. ...

Excerpt: ...and as co-trustee of the Younan Family Trust, Ratiba F. Younan, an individual and as co-trustee of the Younan Family Trust, and Wayne Ng Motion to Tax Costs The court considered the moving, opposition, and reply papers. BACKGROUND On September 23, 2016, plaintiffs Anthony R. Pineda and Diane Franco (collectively, “Plaintiffs”) filed this wrongful death action, which arises from the death of their son, Anthony Pineda (“Pineda”). On January...

Excerpt: ... PARTIES: Plaintiff Consumer Advocacy Group Motion to Deem Requests for Admissions Admitted as Against Plaintiff Consumer Advocacy Group; Request for Monetary Sanctions The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Consumer Advocacy Group, Inc. (“Plaintiff”) filed this action on November 7, 2019 against, inter alia, defendant OMG Accessories, LLC (“Defendant”). In ...

Excerpt: ...gs The court considered the moving papers. No opposition to the motion was filed. BACKGROUND Plaintiff Shamereal Johnson (“Plaintiff”) filed this action on January 9, 2020, against defendants Southwest Airlines Co. (“Southwest”) and Uate Uele (“Uele”) (collectively, “Defendants”), asserting causes of action for (1) discrimination in violation of FEHA, (2) failure to prevent discrimination, (3) retaliation in violation of FEHA, (4)...

Excerpt: ...oving, opposition, and reply papers. BACKGROUND Plaintiff Maher Memarzadeh (“Plaintiff”) filed this action on May 1, 2018. Plaintiff filed the operative Second Amended Complaint (“SAC”) on June 25, 2019, against defendants Law Office of Lottie Cohen and Lottie Cohen (“Cohen”) (“Defendants”). The SAC asserts causes of action for (1) negligence (legal malpractice), (2) breach of fiduciary duty, (3) fraud (intentional misrepresentati...

Excerpt: ...E DECLARATION OF JONATHAN SHIN MOVING PARTY: Plaintiff CEP America-California RESPONDING PARTY: None Plaintiff's Motion to Seal Portions of Plaintiff's Opposition to Defendant's Motion for Summary Adjudication, Portions of Plaintiff's Statement of Material Facts, and Exhibits to the Declaration of Jonathan Shin The court considered the moving papers. No opposition was filed. I. LEGAL STANDARD Generally, court records are presumed to be open unles...

Excerpt: ...dant Phillips Graduate University RESPONDING PARTY: n/a Motion for Terminating Sanctions or, in the Alternative, Evidentiary Sanctions or, in the Alternative, Issue Sanctions The court considered the moving papers. No opposition was filed. BACKGROUND Plaintiff Beulah Boyd (“Plaintiff”), filed this employment action on December 31, 2019, against defendants Phillips Graduate University (“Phillips”) and Campbellsville University. On February...

Excerpt: ...A Properties, LLC Motion to Compel Arbitration and Stay Proceedings Against Defendant The court considered the moving, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff GOGA Properties, LLC (“Plaintiff”) filed this action on May 31, 2017, against defendants Amy Rafti, Louis Rafti, Nationwide Capital Group, Inc. (“Nationwide”), and North American Title Insurance Company, alleging the first cause of act...

Excerpt: ...van Mendoza (“Plaintiff”) filed his Complaint in this action for wrongful termination, retaliation, and violation of wage and hour laws on April 17, 2019, against defendant Orange Trim, Inc. (“Orange Trim”). Defendant Orange Trim filed an Answer to the Complaint on October 15, 2019. Plaintiff filed the operative First Amended Complaint on July 9, 2020, against defendants Orange Trim and Soon Pill Kim. On January 29, 2021, the court ordere...

Excerpt: ...Y: Plaintiff Rosa C. Lopez RESPONDING PARTY: Defendant Children's Hospital Los Angeles Motion to Compel Defendant to Provide Further Responses and Production to Plaintiff's Request for Production The court considered the moving, opposition, and reply papers. MOVING PARTY: Defendant Children's Hospital Los Angeles RESPONDING PARTY: Plaintiff Rosa C. Lopez Motion to Compel Deposition Testimony of Plaintiff The court considered the moving, oppositio...

Excerpt: ...ember 10, 2021 DISCUSSION I. Background These related cases are construction defect actions brought by The Hotel and Residences at L.A. Live Master Association (“Master Association”) and The Residences at L.A. Live Residential Association (“Residential Association”). The cases are brought against the builders, developers, and contractors who worked on the project. In 20STCV40922, Plaintiff Master Association alleges that it is a Californi...

Excerpt: ... and opposition papers. BACKGROUND On March 4, 2019, plaintiff Eskander Pourgol (“Plaintiff”) filed this “Lemon Law” action against defendants BMW North America, LLC (“BMW”) and Beverly Hills BMW. On July 18, 2019, BMW served an offer to compromise pursuant to Code of Civil Procedure section 998, and, on August 29, 2019, Plaintiff accepted BMW's offer to compromise. (Yashar Decl., filed September 30. 2020, ¶¶ 6-7.) On October 15, 20...

Excerpt: ... Los Angeles (which includes the department, Los Angeles World Airports) Motion for Leave to Amend Her Complaint According to Proof The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Danielle Debise (“Plaintiff”) filed this employment action on May 5, 2017, against defendants Los Angeles World Airports and City of Los Angeles (collectively, “Defendant”). The Plaintiff asserts eight causes of action for vio...

Excerpt: ...AIM FOR PUNITIVE DAMAGES MOVING PARTY: DEFENDANT GALPIN MOTORS, INC. RESPONDING PARTY: PLAINTIFF JESSICA SIMS Motion for Summary Adjudication The court considered the moving, opposition, and reply papers. MOVING PARTY: DEFENDANT GALPIN MOTORS, INC. RESPONDING PARTY: PLAINTIFF JESSICA SIMS Motion for Judgment on the Pleadings as to Plaintiff's Third, Fourth, and Fifth Causes of Action and Claim for Punitive Damages The court considered the moving,...

Excerpt: ... and Major Properties, Inc. RESPONDING PARTY: Plaintiff Alan Faye Special Motion to Strike (Code Civ. Proc. § 425.16) Plaintiff Alan Faye's Retaliatory Defamation and Defamation Per Se Seventh Cause of Action The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Alan Faye (“Faye”) and Sergio Gil (“Gil”) (collectively, “Plaintiffs”) filed this action on October 2, 2018 against defendants Phyllis Fries (�...

Excerpt: ..., and Lantern Asset Management GP, LP RESPONDING PARTIES: Plaintiffs Marvin Peart and Marro Media Company Ltd. Motion for Summary Judgment, or In the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. BACKGROUND On July 2, 2018, plaintiffs Marvin Peart (“Peart”) and Marro Media Company Ltd. (“Marro”) (collectively, “Plaintiffs”) filed this action against defendants Lantern Capital Partners...

Excerpt: ...ees, Costs and Expenses The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiffs Ramon Olivares Zuniga and Flor Aminita Martinez (“Plaintiffs”) filed this “Lemon Law” action on November 15, 2018, against defendants FCA US LLC (“FAC”) and San Fernando Motor Company dba Rydell Chrysler Dodge Jeep (collectively, “Defendants”). On April 24, 2019, FCA served an offer to compromise pursuant to Code of Civil P...

Excerpt: ...e Crystal and Jacob Jaramilla as Successors in Interest for Anthony Jaramilla The court considered the moving papers. No opposition was filed. BACKGROUND Plaintiff Anthony Jaramilla (“Plaintiff”) filed this action on February 28, 2020, against defendant S.CA. Construction Consultants, Inc. Plaintiff passed away on May 14, 2020. (Jaramilla Decl., ¶ 2.) Plaintiff now moves for an order to substitute Plaintiff's children, Crystal Jaramilla and ...

Excerpt: ...apers. No opposition to the motion was filed. DISCUSSION This is an action brought under California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Health & Saf. Code, § 25249.5 et seq.) (the “Act” or “Proposition 65”). The Act was designed to prevent the contamination of drinking water by, and generally protect the public from unknowing exposure to, harmful chemicals. Section 25249.5 provides, in part: “No person in the cours...

Excerpt: ..., or In the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers. On February 26, 2021, defendants filed a supplemental reply in support of their motion. On March 3, 2021, plaintiff filed a reply or supplemental opposition in response to defendants' February 26, 2021 supplemental reply. The court did not grant the parties leave to file any supplemental papers in connection with this motion, and the parti...

Excerpt: ...Plaintiff Marlon Estuardo Mendoza Contreras 1. Demurrer to the Fourth, Fifth, and Sixth Causes of Action in the Complaint; 2. Motion to Strike The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike. BACKGROUND Plaintiff Marlon Estuardo Mendoza Contreras (“Plaintiff”) filed this action on September 20, 2019, against defendant Nissan North America, Inc. (“Defendant”). The Com...

Excerpt: ...nts Productions, LLC, on its own behalf and on behalf of the partnerships commonly known as Rock on the Range and Carolina Rebellion Defendant's Demurrer to Complaint; Defendant's Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with defendant's demurrer and motion to strike. I. BACKGROUND On November 29, 2018, plaintiff AEG Presents Productions, LLC (“AEG”) filed this ac...

Excerpt: ...DIFFERENT JUDGMENT MOVING PARTY: Plaintiff Maureen Taricco RESPONDING PARTY: Defendant Deane Taricco 1. Motion to Change the Statement of Decision, Modify or Vacate the Judgment, and/or Reopen the Case for Further Proceedings; 2. Motion to Set Aside and Vacate the Judgment and to Enter a New and Different Judgment The court considered the moving, opposition, and reply papers. BACKGROUND On April 21, 2016, plaintiff Maureen Taricco, in her individ...

Excerpt: ...eply papers. BACKGROUND Plaintiff John Merino (“Plaintiff”) filed this quiet title action on September 28, 2016, against defendants Manuel Garcia and Maria Garcia (“Defendants”). On November 16, 2016, the court entered the default of defendant Maria Garcia. On November 29, 2016, the court entered the default of defendant Manuel Garcia. On October 9, 2018, the court held an evidentiary hearing on Plaintiff's claim to quiet title pursuant t...

Excerpt: ...ve Damages The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Elizabeth Herrera (“Plaintiff”) filed this wrongful termination action on August 1, 2019, against defendant Hilbert Property Management (“Defendant”). Plaintiff filed the operative First Amended Complaint (“FAC”) on September 3, 2019, which asserts causes of action for violations of the Fair Employment and Housing Act (“FEHA”) (Gov. Code...

Excerpt: ... moving, opposition, and reply papers. The court notes that defendant, in its reply, contends that plaintiff's opposition papers, filed August 14, 2020, were untimely filed and served under Code of Civil Procedure section 1005, subdivision (b). The court agrees with defendant that plaintiff's opposition was filed and served a day late. However, the court exercises its discretion to consider plaintiff's opposition. BACKGROUND Plaintiff Yong Zhou (...

Excerpt: ... Summary Judgment The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Lara Whitten (“Plaintiff”) filed this action against defendants Richard L. Jacobson, D.M.D., M.S. (erroneously sued as Dr. Richard L. Jacobson, D.D.S.) (“Dr. Jacobson”) and Richard L. Jacobson, D.M.D., Inc. (erroneously sued as “Dr. Richard L. Jacobson DDS Inc [sic],” “Dr. Jacobson.com Inc.,” “Orthodontic Center LA, Inc [sic],�...

Excerpt: ...tional, Inc. Motion to Set Aside Default The court considered the moving, opposition, and reply papers. BACKGROUND Plaintiff Donald International, Inc. (“Plaintiff”) filed this action on December 23, 2019, against defendants American Customs Logistics, Inc. (“ACL”), EZ Prep, LLC (“EZP”), and John Kim (“Kim”) (collectively, “Defendants”). On February 2, 2020, Plaintiff filed Proofs of Service Summons as to each defendant, which...

Excerpt: ...ance Company RESPONDING PARTY: n/a Motion for Order Authorizing Service of Summons and Complaint on the Secretary of State The court considered the moving papers. No opposition was filed. DISCUSSION Plaintiffs Federal Insurance Company and Vigilant Insurance Company (“Plaintiffs”) filed this action on February 2, 2020, against defendants Tobo Construction, Inc., Jimi Chae, and Monica S. Oh. Plaintiffs now move for an order authorizing that se...