Excerpt: ...ED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 3, 2019, Plaintiff Marcella McMahon (“Plaintiff”) filed a complaint against Defendants California Automobile Insurance Company, formerly known as Mercury Indemnity Company, Accurate Leak Locators and Does 1 through 100. The complaint alleged four causes of action: (1) Breach of Written Contract (Policy of Insurance), (2) Negligence, (3) Breach of Implied Covenant of Good Faith and Fa...

Excerpt: ...ike is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 14, 2022, Plaintiff Gilbert Ceballos (“Plaintiff”) filed a complaint against Defendants Walker R. Flores and Veronica Rodriguez (“Defendants.”) The operative First Amended Complaint was filed on March 15, 2022. The complaint alleged six causes of action: (1) Trespass, (2) Private Nuisance, (3) Ejection, (4) Damage to Real Property, (5) Declaratory Relief, and (6) ...

Excerpt: ...o Strike is GRANTED, with leave to amend as to Paragraphs 30 and Paragraph 11 of Prayer for Relief – Punitive Damages. Motion to Strike is GRANTED, with leave to amend, as to Paragraph 8: Attorney fees. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 19, 2021, Plaintiff Janice R. Boyd (“Plaintiff”) filed a complaint against VIP Princess Court HOA and First Light Property Management (“Defendants.”) The complaint alleged two cause...

Excerpt: ...TATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 23, 2020, Plaintiff Tracy Stewart (“Plaintiff”) filed a complaint against Defendants County of Los Angeles, Timothy Murakami, and Does 1 through 99 (“Defendants”). The complaint alleges five cause of action: (1) FEHA Discrimination – Disparate Treatment, (2) FEHA Discrimination – Disparate Impact, (3) FEHA Work Environment Harassment, (4) FEHA Retaliation, and (5) FEHA Failure...

Excerpt: ...iking, or alternatively, taxing, the Defendant's Memorandum of Costs TENTATIVE RULING: 1. Motion to Tax/Strike Costs is DENIED, in part, as to Items 1, 5, 12, and 14. 2. Motion to Tax/Strike Costs is GRANTED, in part, as to Item 16. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 22, 2019, Plaintiff Elizabeth Acosta, D.C. (“Plaintiff”) filed a complaint against Defendants State of California, acting by and through its Department o...

Excerpt: ...2) In the alternative, to stay the instant action until the United States Supreme Court adjudicates Viking River Cruises, Inc., v. Moriana, No. 20+1573 TENTATIVE RULING: (1) The Motion to Compel Arbitration is GRANTED, as to the individual PAGA claim. Plaintiff's representative claim is STAYED Request for Judicial Notice is GRANTED. Request for Sanctions is GRANTED. (2) The request for alternative relief is MOOT, pursuant to Supreme Court's rulin...

Excerpt: ...na for production of business records TENTATIVE RULING: 1. Motion to Enforce Deposition Subpoena for Production of Documents is GRANTED. STATEMENT OF MATERIAL FACTS AND PROCEEDINGS: Plaintiffs Endanicha Bragg, Tracy Plummer, and Marisol Romero (“Plaintiffs”) filed an initial Complaint on October 7, 2019, and the operative First Amended Complaint on April 16, 2020. The FAC alleges that the Plaintiffs all became pregnant during the course of th...

Excerpt: ... (“Plaintiff”) filed a complaint against Defendants Molina Healthcare, Inc., Zahrah Green and Does 1 through 20 (“Defendants”), asserting 13 causes of action: (1) Wrongful Termination in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Discrimination in Violation of the CFRA, (3) Retaliation in Violation of the CFRA, (4) Interference with, Restraint, and Denial of Medical Leave in Violation the CFRA, (5) FEHA Violations ...

Excerpt: ...of action TENTATIVE RULING: 1. Demurrer is SUSTAINED, with leave to amend, as to Causes of Action One, Four, Five, Ten, Eleven and Twelve, as well as actions pertaining to Deidre Watson. 2. Demurrer is SUSTAINED, without leave to amend, as to Causes of Action Two and Seven. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 21, 2021, Plaintiff Persevero, LLC, Diedre Watson, Alexander Cavano, LLC, and Daina Randle (“Plaintiffs”) filed ...

Excerpt: ... Monetary Sanctions is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 28, 2021, Plaintiff Esonie Cain (“Plaintiff”) filed a complaint against Defendant Centinela Hospitalist Medical Gropu Inc. (“Defendant”). The complaint was for two causes of action: (1) Defamation per se and (2) Intentional Infliction of Emotional Distress. The complaint alleges that Plaintiff was visiting her mother at Centinel Hospital Medical Cent...

Excerpt: ...An evidentiary hearing TENTATIVE RULING: 1. Petition to Confirm Arbitration Award is GRANTED. 2. Petition to Vacate Arbitration Award is DENIED. 3. Petition to Correct Arbitration Award is DENIED. 4. Request for Evidentiary Hearing is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 20, 2022, Petitioner Steven Levy filed a Petition to Confirm Arbitration Award. Petitioner moves to confirm the arbitration award that was entered on Ap...

Excerpt: ...TAINED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2019, Plaintiffs Griselda Bonilla and Lucero Lopez (“Plaintiffs”) filed a complaint against Defendants One Stop Internet, Inc., One Stop LLC, Alfonso Rodriguez, Juan Beltran, and Does 1 through 100. Plaintiffs filed a First Amended Complaint on September 19, 2019. The FAC alleges 17 causes of action: (1) Actual/Perceived Disability Harassment, Violation ...

Excerpt: ...o the first, second, and third causes of action. TENTATIVE RULING: 1. Motion for Summary Adjudication is GRANTED, in part as to the first and second causes of action, and DENIED, as to the third cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 23, 2021, Plaintiff Ayo Remodeling & Design (“Plaintiff”) filed a complaint against Defendant Cherlyn Joanne Patterson (“Defendant”). The complaint alleged three causes of ac...

Excerpt: ...CTS AND/OR PROCEEDINGS: On December 4, 2020, Plaintiffs Norma Celik and Saro Tomasian (“Plaintiffs”) filed a complaint against Defendant California FAIR Plan Association (“Defendant”). The complaint alleged two causes of action: (1) Breach of Contract and (2) Breach of Duty of Good Faith and Fair Dealing. The complaint alleges that both Plaintiffs had been insured by Defendant. As a result of the Saddleridge Wildfire, both Plaintiffs suff...

Excerpt: ...S: On October 4, 2019, Plaintiffs John DeLong and Judith DeLong, as individual and co-trustees of the DeLong Family Trust, Dated May 20, 2005, filed a complaint against Defendants Engel & Engel, LLP, Douglas Chadwick Biggins, First American Title Company, and Does 1 through 10 (“Defendants”). The complaint was for declaratory relief. Plaintiffs alleged that defendants' collection efforts were improper because they were undertaken against the ...

Excerpt: ...omplaint TENTATIVE RULING: 1. Demurrer is OVERRULED. 2. Motion to Strike is GRANTED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April , 2022, Edgard Marroquin (“Plaintiff”) filed a complaint against Defendant American Honda Motor Co., Inc., (“Defendant”). The complaint alleged two causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty and (2) Fraudulent Inducement – Concealment. T...

Excerpt: ...SPONDING PARTY(S): Plaintiff J. Steed Inc. REQUESTED RELIEF: 1. An order setting aside default entered on March 23, 2022, as to both Defendants Ronald Nolan and Donna Nolan TENTATIVE RULING: Motion to Set Aside Default is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 12, 2022, Plaintiff J. Steed Inc., a California Corporation, dba Brooke's Garage Doors Painting and General Contracting (“Plaintiff”) filed a complaint agai...

Excerpt: ...to Compel Arbitration is GRANTED. 2. Request for Stay of the Proceedings is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 15, 2022, Plaintiff Larry Chavez (“Plaintiff”) filed a complaint against Defendant ABM Industry Groups, LLC, Bridgette Goins, and Does 1 through 20 (“Defendants”). The complaint alleged multiple causes of action for discrimination, harassment, retaliation under California Fair Employment and Housing...

Excerpt: ...ATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 7, 2018, Plaintiff Marshonda Whitaker (“Plaintiff”) filed a complaint against Defendants Abraham Mayer; Afton Properties, Inc.; Afton Holdings, LLC; Afton Holdings II, LLC; CMIF Fountains LP; Canyon Partners Real Estate LLC; and Does 1 through 30. This action arises out of a landlord-tenant dispute. Plaintiff alleges she reported a leak in the ceiling from the roof in the master bedroom,...

Excerpt: ...Nos. 1.1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 4.1, 4.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 16.6, 16.8, 16.9, 16.10, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6 3. Further responses to Requests for Admissions Nos. 1-29 4. Further Requests to Requests for Production Nos. 1-20 5. Request for Monetary Sanctions TENTATIVE RULING: 1. Motion to Compel Further Responses as to the Special Interrogator...

Excerpt: ...tion to Strike portions of the FAC TENTATIVE RULING: 1. Demurrer is SUSTAINED, without leave to amend. 2. Motion to Strike is MOOT. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 2, 2022, Plaintiffs Tracey Fontenette Allen (“Plaintiff”) filed a complaint against Defendants Ashely Nicole Fontenette, Anthony H. Ruey, an individual and Sureties on his Bond, and Does 1 through 10. Plaintiff filed a Motion for Leave to File First Amended...

Excerpt: ...and sixth causes of action 2. An order granting the motion to strike TENTATIVE RULING: 1. Demurrer is SUSTAINED, as to all causes of action, without leave to amend. 2. Motion to Strike is Moot. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 6, 2020, Plaintiff CA Bijoux Bijoux (“Plaintiff”) filed a complaint against Defendants Behrouz Messian and Sharona Yeshoufar Messian (“Defendants”) seeking damages arising from the defendant...

Excerpt: ...onses to Special Interrogatories Nos. 10- 16 2. Request for Monetary Sanctions against Sheppard Mullin Richter & Hampton LLP, Paul S. Cowie, Esq., Brian S. Fong, Esq., Peter Y. Lee, Esq., and Defendant, Barton Brands of California, Inc., jointly, in the sum of $1,400.00 TENTATIVE RULING: Motion to Compel Further is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Chris Stout (“Plaintiff”) filed a complaint against Defendant ...

Excerpt: ...ction, without leave to amend. TENTATIVE RULING: 1. Demurrer as to the first cause of action is SUSTAINED, without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 8, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“plaintiff” or “LADWP”) filed this action against Defendant Yunhee Min, alleging causes of action for: C/A 1: Account Stated C/A 2: Book Accou...

Excerpt: ... OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 30, 2018, Plaintiff Efren Marquez filed a complaint against Defendant Kia Motors America, Inc., alleging violations of the Song-Beverly Act. Defendant filed an Answer on August 30, 2018. Plaintiff filed a Notice of Settlement on January 5, 2022. This current Motion for Attorneys' Fees was filed on May 12, 2022. Defendant filed an Opposition on July 21, 2022. Plaintiff's reply was filed on July 28, 20...

Excerpt: ...ion for Attorneys' Fees is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Julio Cruz Topete aka Julio Topete and Carlos Manuel Topete (“Plaintiffs”) filed a complaint against Defendant Ford Motor Company, Central Ford Automotive, and Does 1 through 10 (“Defendants”) on February 8, 2019. The complaint alleged three violations of the Song-Beverly Act, breach of an express and an implied warranty, and a violation of Sect...

Excerpt: ...1. Defendant's Motion to Compel Arbitration is GRANTED 2. The current proceedings is STAYED, pending the outcome of the arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Kyunam Shim (“Plaintiff”) filed a complaint against Defendant Hyundai Motor America (“Defendant”) on March 29, 2022. The complaint alleged four violations for breach of an express and an implied warranty under both the Song-Beverly Act and the Magnuso...

Excerpt: ...ttlement between the parties was entered in good faith TENTATIVE RULING: 1. The Motion for Determination of Good Faith Settlement is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Bell Gardens Avenue, LLC entered into an agreement of purchase and sale of real property and escrow instructions (“Purchase and Sale Agreement”) with 8000 Bell Gardens, LLC to purchase an undeveloped land which is located at 8000 Bell Gardens Ave...

Excerpt: ...Plaintiff Laura Michelle Spadaro (“Plaintiff”) filed a complaint against Defendants County of Los Angeles (“County”), County of Los Angeles Sheriffs Department (“Sheriff's Department”), Simeon Daniels, Juan Alverez, Sydney Crocket, Lance Verdugo, and Steve Sheridan. (“Defendants”) on June 8, 2020. The complaint is based on allegations that Plaintiff suffered discrimination and harassment due to her gender while employed with the S...

Excerpt: ...Indemnity and (2) Equitable Indemnity or Contribution TENTATIVE RULING: 1. Demurrer as to the First Cause of Action is OVERRULED 2. Demurrer as to the Second Cause of Action is OVERRULED 3. Request for Judicial Notice is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Timed Out LLC (“Plaintiff”) filed a complaint against Defendant Chippewa dba Much and House Public Relations and Marketing Management (“Defendant”) on Jan...

Excerpt: ...: 1. Further responses to Special Interrogatories Nos. 2, 3, and 10 2. Further responses to Requests for Admissions Nos. 1, 2, 8, 9, 10, 12-17, 19-29 3. Further Requests to Requests for Production Nos. 1-29 4. Request for Monetary Sanctions TENTATIVE RULING: Motion to Compel Further Responses as to the Special Interrogatories is DENIED. Motion to Compel Further Responses as to the Requests for Admissions is CONTINUED. Motion to Compel Further Res...

Excerpt: ...provide further responses to Request for Production of Documents Nos. 12-36 2. An order granting monetary sanctions to Defendants TENTATIVE RULING: 1. Motion to Compel Further Responses as to Requests for Production of Documents is GRANTED, as to Nos. 12-16, and 25-36 2. Motion to Compel Further Responses as to Requests for Production of Documents is DENIED, as to Nos. 17-24. 3. Request for Sanctions is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR...

Excerpt: ...y, an order granting evidentiary and issue sanctions 3) An order directing Defendant to pay $3,860 in monetary sanctions TENTATIVE RULING: 1) Motion for Terminating Sanctions is DENIED. 2) Motion for Evidentiary Sanctions is GRANTED. 3) Motion for Issue Sanctions is DENIED. 4) Motion for Monetary Sanctions is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Moossa Naim, as Trustee of the Moossa and Laura Naim Family Trust Dated ...

Excerpt: ...itive damages TENTATIVE RULING: 1. Demurrer as to the first, third, and fifth causes of action is SUSTAINED, with leave to amend is granted only as to the FIRST cause of action. 2. Motion to Strike punitive damages is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 25, 2021, plaintiff Stephen Grollnek filed this action against Defendants Fashion Enya, NB Bros. Corp., Trendz, and Pingo Inc., alleging causes of action for: C/A 1:...

Excerpt: ...NTATIVE RULING: 1. Demurrer is SUSTAINED without leave to amend. 2. Request for Judicial Notice is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff CHA Hollywood Medical Center, L.P. (“Plaintiff”) filed a complaint against Defendant Local Initiative Health Authority for Los Angeles County dba L.A. Healthcare Plan, an independent entity and Does 1 through 25 (“Defendant”) on February 18, 2022. The complaint alleged three ...

Excerpt: ...is GRANTED 2. The current proceedings are STAYED, pending the outcome of the arbitration. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Adriana Amezcua (“Plaintiff”) filed a complaint against Defendant American Honda Motor Co., Inc., (“Defendant”) on December 21, 2021. The complaint alleged two violations of the Song-Beverly Act, breach of an express and an implied warranty. Plaintiff alleges during that warranty period, the S...

Excerpt: ...yees on whose behalf she brings this PAGA action from August 31, 2019 to November 24, 2021 within the meaning of Labor Code § 2775. § Issue 2: Whether Defendants willfully misclassified Plaintiff and the aggrieved employees on whose behalf she brings this PAGA action from August 31, 2019 to November 24, 2021 within the meaning of Labor Code § 226.8. § Issue 3: Whether Defendants engaged in a pattern or practice of willfully misclassifying Pla...

Excerpt: ... Honorable Gerald Rosenberg, Judge Retired, issued an arbitration award in favor of Petitioner Carlini Enterprises, Inc., and against Nico Nat Mfg. Corp. The award requires the Respondent to pay a total of $68,590. This is based on a principal sum of $32,500, an interest of $5,598, $13,188.88 that was paid to R&V Polishing, $3,497.04 that was paid to Valley Plating, $1,840.80 that was paid to Gemtech Coating, $1,015.64 for labor, and $10,950 for ...

Excerpt: ..., (“Plaintiff”) filed a complaint against Defendants Alice “Cricket” Lee, MBRIO, Inc., (d/b/a FitLogic), Park Avenue Apparel, LLC (“Defendants”) on August 23, 2019. The complaint alleges that per a written agreement, Plaintiff sold women's pants to Defendant MBRIO. However, Defendant later indicated that it was unable to pay the open balance. Defendant Park Avenue then indicated to Plaintiff that it would purchase Defendant MBRIO's in...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Rosalia Lopez, as an aggrieved employee, and on behalf of all other aggrieved employees, under the Labor Code Privat Attorneys' General Act of 2004, (“Plaintiff”) filed a complaint against New Fashion Products, Inc., and James Ahen (“Defendants”) on September 24, 2021. The complaint was under PAGA for civil penalties under Labor Code Sections § 210, 226.3, 558, 1174.5, and 2699. Defenda...

Excerpt: ...TENTATIVE RULING: Motion for Judgment on the Pleadings is DENIED STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff Raphael L. Samuel (“Plaintiff”) filed a complaint against Defendants Masterlink U.S. & International, LLC, a.k.a. Masterlink USI, LLC, Trhosia Ingram, Vince Dushwan Williams, and Does 2 through 30 (“Defendants”) on August 5, 2019. The First Amended Complaint was filed on January 8, 2021, and the Second Amended Complai...

Excerpt: ...Cathay Bank (“Plaintiff”) filed a complaint against Defendants Hqueen Inc., Hong Yun Kim, and Does 1 through 50 (“Defendants”). The complaint alleged two causes of action: (1) Breach of Contract and (2) Common Counts. Plaintiff alleges that the parties entered into a business loan transaction with Hqueen Inc., with Hong Yun Kim as guarantors. However, the Defendants failed to pay the Plaintiff per the Agreement. On March 21, 2022, Plainti...

Excerpt: ...t's request to Confirm the Award is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 25, 2022, Petitioner Michael Margiotta filed a Petition to Vacate or Alter an Arbitration Award issued on January 27, 2022. The petition requests that the Court vacate the award on the basis that the arbitrator exceed his or her authority, and the award cannot be fairly corrected. On April 27, 2022, Petitioner filed a Notice of Hearing on Petitio...

Excerpt: ...”) filed a complaint against Defendants Alfredo Morfin, Personal Representative, Vidal Arroyo Trust Date October 24, 2004, Restatement September 22, 2020 (“Defendant”). The complaint was for damages on rejected claim, Probate § 9354. The complaint involves the estate of Decedent Vidal Arroyo. The Plaintiff filed a Creditor's Claim of $395,564, plus the value of IRA Sepp, but the sum has not been paid. On January 4, 2022, Plaintiff filed a ...

Excerpt: ...teve Sungho Lee, Stelee Industries, Inc., SL Property Management I LLC, SL Property Management II LLC, L & H Limited Partnership, Bio Hazard Inc., Minh V. Vo, Green Buddah LLC, Raheela Lakhany, Smoke Tokes LLC, Shafaq Aslam Sattar, ST & Company, LLC, L&HM Limited Partnership, and Does 1 through 100. The complaint alleged fix causes of action: (1) Civil Code § 1714.9, (2) Strict Liability (Ultrahazardous Activity), (3) Negligence, (4) Premises Li...

Excerpt: ... Defendants Abraham Mayer; Afton Properties, Inc.; Afton Holdings, LLC; Afton Holdings II, LLC; CMIF Fountains LP; Canyon Partners Real Estate LLC; and Does 1 through 30. This action arises out of a landlord-tenant dispute. Plaintiff alleges she reported a leak in the ceiling from the roof in the master bedroom, that the leak was not properly repaired, and that, as a result, there was extensive moisture and water damage, as well as mold. Plaintif...

Excerpt: ...ere are two companion cases that place the issues here in context. On November 4, 2020, Plaintiff Leonardo M. Lopez, as an individual and trustee of the Leonardo M. Lopez and iris Lopez Living Trust Date November 7, 1996 (“Plaintiff”) filed an unlawful detainer complaint against Defendant Elida Mazariego in case 20STUD03802 for the premises at 1702 W. 85 th Street, Los Angeles, California (“the property”) based upon a failure to cure a le...

Excerpt: ...ARTY(S): Defendants, Jeffer Mangels Butler and Mitchell, LLP; Tim Lappen; Neil Erickson TENTATIVE RULING: GRANT Plaintiffs Peter Boesen's and Stacy Boesen's motion to consolidate arbitrations is GRANTED. The arbitration proceedings ordered in the instant case pursuant to the Court's order issued on September 1, 2020, and in the action with case number 20STCV36180, pursuant to the Court's order issued on June 28, 2021, are ORDERED consolidated int...

Excerpt: ...MATERIAL FACTS AND/OR PROCEEDINGS: Paula Thomas (“Thomas”) and PDTW, LLC commenced this action on October 1, 2015, and filed their First Amended Complaint on January 29, 2016 against Thomas Wylde, LLC; John Hanna; Jene Park; Shot in the Armoire, LLC; and H&H Fashion, LLC, alleging 16 causes of action. This action arises from Thomas' termination of employment with Thomas Wylde, LLC (“TW”). Thereafter, defendant TW filed its own cross-compl...

Excerpt: ... the Second Amended Complaint are DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 5, 2019, Plaintiff filed a Complaint. On January 8, 2021, Plaintiff filed the First Amended Complaint. On April 5, 2021, Plaintiff filed the Second Amended Complaint. On March 28, 2022, Plaintiff filed a Motion for Summary Adjudication noticed for June 29, 2022. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allo...

Excerpt: ...21, Plaintiff Sarena Serrano (“Plaintiff”) filed a complaint against Defendants Core Community Organized Relief Effort, Ann Young, City of Los Angeles, City of Los Angeles Fire Department, Jaime Lesinski, and Does 1 through 20 (“Defendants”). The complaint alleged nine causes of action: (1) Hostile Work Environment Sexual Harassment, (2) Gender Violence, (3) Sexual Battery, (4) Aiding and Abetting Sexual Harassment, (5) Sexual Harassment,...

Excerpt: ...Judgment is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 7, 2018, Plaintiff Marshonda Whitaker (“Plaintiff”) filed a complaint against Defendants Abraham Mayer; Afton Properties, Inc.; Afton Holdings, LLC; Afton Holdings II, LLC; CMIF Fountains LP; Canyon Partners Real Estate LLC; and Does 1 through 30. This action arises out of a landlord-tenant dispute. Plaintiff alleges she reported a leak in the ceiling from the roof ...

Excerpt: ...ishin (Motion #1) is DENIED. Plaintiffs' application to file documents submitted in support of the above motion under seal is GRANTED. Exhibits 10 and 20, attached to the declaration of Amman Khan in support of the above motion are ORDERED sealed. Plaintiffs Sergey Grishin and SG Acquisitions, LLC's Motion for an Order (1) Sustaining Their Objections to Report and Recommendation Re Motion to Compel Further Responses By Anna Fedoseeva to Requests ...

Excerpt: ...ntiff Davidian Ouyang (“Plaintiff”) filed a complaint against Defendants ESP Group Ltd., Yun Bo Yang, Yan Wang, Shao Xiong Zhou, Yang Yang, and Does 1 through 20. The complaint alleged four causes of action: (1) Breach of Oral Contract, (2) Fraud, (3) Fraudulent Conveyance, and (4) Breach of Fiduciary Duty. The complaint alleges that the Plaintiff entered an oral contract with a group of investors to sell ESP Group, Ltd. to operate the busine...

Excerpt: ...nt against Defendants PHH Mortgage Corporation, Trinity Financial Services, LLC, Deutsche Bank National Trust Company as Trustee for Soundview Home Loan Trust 2006-NLC1, Asset-backed Certificates, Series 2005-NLC1, Montelena Capitol, Fire NLC Financial Services, LLC, Clear Recon Corp., all persons or entities known or unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in this Complaint advers...

Excerpt: ... two causes of action: (1) Malicious Prosecution and (2) Abuse of Process. On September 5, 2018, Defendant filed a demurrer, which was SUSTAINED, in part, and OVERRULED, in part. On September 27, 2018, Defendant filed a Special Motion to Strike, Anti-SLAPP, which was DENIED. On November 28, 2018, Defendant filed an Answer. On November 10, 2021, Defendant filed a Motion for Summary Judgment, which was DENIED. On April 15, 2022, Plaintiffs filed tw...

Excerpt: .../OR PROCEEDINGS: On July 30, 2020, Plaintiffs Kimberly Louzan and Pedro Louzan (“Plaintiffs”) filed the Complaint against Defendants FCA US, LLC, Autonation Chrysler Dodge Jeep Ram, and Does 1 through 10 (“Defendants.” The complaint alleged seven causes of action: (1) Violation of Civil Code section 1793.2(d); (2) Violation of Civil Code section 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Violation of Song- Beverly Ac...

Excerpt: ...uary 19, 2021, Plaintiff Darryl Wilkins (“Plaintiff”) filed a complaint against Defendants Hillary Duff, Wendy Williams, The Wendy Williams Show, Talk WWW Production Inc., Fox Broadcasting Company, and Does 1 through 50. The complaint alleged two causes of action: (1) Libel and (2) Slander. The complaint alleges that while the Plaintiff was taking photographs at a public park when Defendant Duff confronted Plaintiff and videotaped their inter...

Excerpt: ...Property. Plaintiff alleges that Cohen sexually harassed her on numerous occasions causing their landlord-tenant relationship to deteriorate, that Defendants failed to adequately address a mold issue in the Subject Property, that Defendants retaliated against Plaintiff for requesting relocation, and that Defendants improperly retained Plaintiff's security deposit after she left the property. Plaintiff filed a Complaint on October 30, 2020, allegi...

Excerpt: ... the action or proceeding. (Code Civ. Proc., §437c, subd. (a).) To prevail on a motion for summary judgment, the evidence submitted must show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c).) In other words, the opposing party cannot present contrary admissible evidence to raise a triable factual dispute. “A defendant or cross-defendant ...

Excerpt: ...hat the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. (3) A particu...

Excerpt: ...he complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) The only issue involved in a demurrer hearing is whether the complaint states a cause of action. (Ibid.) A demurrer assumes the truth of all factual, material allegations properly pled in the challenged pleading. (Blank v. Kirwan, supra, 39 Cal. 3d at p. 318.) No matter how unlikely or improbable, the plaintiff's allegations must be accepted as true for the pu...

Excerpt: ...intiffs move for an order compelling Defendants to produce documents sought in Notices In Liu of Subpoena To Appear And Produce Documents At Trial. Plaintiffs also move for associated sanctions in the amount of $3,652.65. Defendants move for an order permitting a jury view of the properties of the respective parties during trial. ANALYSIS: Motion to Exclude Travis Parker Standard of Review – "The court may, and upon objection shall, exclude tes...

Excerpt: ...e pleading or from judicially noticeable matters. (Code Civ. Proc. § 430.30(a); Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) The only issue involved in a demurrer hearing is whether the complaint states a cause of action. (Ibid.) A demurrer assumes the truth of all factual, material allegations properly pled in the ch...

Excerpt: ...OUND : On November 30, 2021, Plaintiff Aida Shahbandeh Masihi (“Plaintiff”) brought the current action against Defendants Prexa Santé LLC, Infusion Pharmacy Network LLC, Integrative Wellness Network LLC, Stem Cell Therapeutics LA LLC, Robbin Messier, Mathew A. Bennett, and Christine Collins (collectively “Defendants”) alleging four causes of action as follows: 1. Breach of Oral Contract 2. Common Count: Account Stated 3. Common Count: Op...

Excerpt: ...3 Flores Family Trust UTD Sept. 23, 2013 (collectively “Defendants”) alleging that Defendants owned the building Plaintiffs lived in and that Defendants failed to maintain the livable premises. Further, Plaintiffs state that the building exploded in February 2020, but intended to move back in after repairs were completed. However, Plaintiffs further allege that Defendants refused to allow them to move back in, but instead sold the building. P...

Excerpt: ...om Plaintiff Maria F. Torres' employment with Southern California Permanente Medical Group (“SCPMG”). On November 25, 2019, Plaintiff Maria F. Torres filed the operative Complaint against Defendants SCPMG, Kaiser Foundation Health Plan Inc. (“KFHP”), and Kaiser Foundation Hospitals (“KFH”) (collectively, “Defendants”) for (1) CFRA retaliation, (2) FEHA retaliation, (3) FEHA disability discrimination, (4) FEHA age discrimination, (...

Excerpt: ...owbrook), Willowbrook Capital Group LLC, and Dreamlight Holdings (collectively “Defendants”,) primarily fraud in the inducement. The complaint alleges that Fox fraudulently induced Plaintiff to give up her secured-loan interest in Rockdome prior to working with Willowbrook to have Rockdome file for bankruptcy. The present motions revolve around 15 emails Fox sent to Willbrook's counsel SulmeyerKupetz APC (“SK”), and that SK refused to pro...

Excerpt: ...ss practices under California Business & Professions Code §17500. Plaintiffs filed a demurrer and motion to strike stating that the cross-complaints. LEGAL STANDARDS Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the ...

Excerpt: ...alleges the following. Birch and Edwards each own 50 percent interest in real property commonly known as 837 Crescent Drive, Monrovia, California (the “Property”). (FAC, ¶ 7.) Xceed is the holder of two current liens on the Property, as evidenced by a Deed of Trust recorded on May 4, 2015, with the Los Angeles County Recorder's Office, as Instrument Numbers 20150505874 and 20150505875. (FAC, ¶¶ 8-9.) Partition by sale of the Property is mo...

Excerpt: ...lenoaks, LLC (3) Defendants Stephen E. Hall, individual and as Trustee of SB Trust, 1 Valley View Group, LLC, ABS Group LLC, ATB2 Group, LLC, BVS Partners Realty, LLC, Gobi, LLC, MTB1 Group, LLC, Nashville West, LLC, Padaro Holdings, LLC, Padaro Trails, LLC, Keswick Consulting, LLC, Blue Syrah, LLC, and McDonald Way, LLC Responding Party: (1)-(3) Plaintiffs Dean Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments, LLC Tentative Rul...

Excerpt: ...ompel Compliance with Requests for Documents is GRANTED in part. Motion for Protective Order is GRANTED in part. BACKGROUND : Plaintiff Joan Dangerfield (“Plaintiff”) filed a complaint alleging Defendants Rockdome Corporation, Steve Fox (Rockdome's CEO, “Fox” hereafter), Peter McMillan III (a principal at Willowbrook), Willowbrook Capital Group LLC, and Dreamlight Holdings (collectively “Defendants”,) primarily fraud in the inducement...

Excerpt: ...f Los Angeles for Motion to Compel Further Responses HEARING DATE: February 18, 2022 TENTATIVE RULING: Motion for Continuance is DENIED without PREJUDICE. Motion to compel further responses is GRANTED in part. BACKGROUND : On August 9, 2019, plaintiff Alma Foster (“Plaintiff”) filed a complaint against Renovate America, Inc., the County of Los Angeles, State National Insurance Company Inc., Willie Johnson, and Johnson's Doing it on Top, Inc. ...

Excerpt: ...fendant Alexandria Care Center, LLC RESPONDING PARTY(S): Plaintiff Maria Garcia, Through her Successors-in-Interest, Jose Garcia and Oscar Garcia, et al. HEARING DATE: February 17, 2022 TENTATIVE RULING: Motion is DENIED. BACKGROUND : Plaintiffs Maria Garcia, through her Successors-in-Interest, Jose Garcia and Oscar Garcia, as well as Jose Garcia and Oscar Garcia (“Plaintiffs”) filed a complaint alleging Elder Abuse/Neglect, Elder Abuse/Finan...

Excerpt: ...TED. BACKGROUND : Plaintiffs Pedro V. Espinoza Alberto and Nancy T. Espinoza (“Plaintiffs”) filed a complaint against Ford Motor Company and Cerritos Ford Inc. alleging: violations of the Song-Beverly Act and negligent repair regarding the repair and purchase of a used 2015 Ford Explorer. (see generally Complaint.) On July 29, 2021, Plaintiffs propounded second sets of Requests For the Production of documents (“RFPs”), Special Interrogato...

Excerpt: ...reement that the parties entered into during the appeal process of another lawsuit. Pursuant to that settlement agreement, the parties agreed that Plaintiff is entitled to $355,000 in attorneys' fees and costs. However, the agreement provided that Defendant will pay Plaintiff the discounted sum of $175,000 by July 12, 2021, in exchange for a release. Plaintiff did not pay $175,000 by the July 12, 2021. Therefore, Plaintiff filed this lawsuit to r...

Excerpt: ...in 1990. (Complaint ¶ 26.) The complaint alleges two causes of action: 1) Breach of Contract and 2) Negligence. (Complaint p. 21 and 23.) Timeline of important events: Application made by Plaintiff's grandmother – 1988 Death of Plaintiff's grandmother -- May 28, 1989 Letter awarding the star sent to Plaintiff's grandmother -- June 18, 1990 The complaint alleges that a contract was formed after an application for a star was sent in by LEGAL STA...

Excerpt: ... Rackhon, and Does 1-10 alleging 7 causes of action for (1) breach of oral contract, (2) account stated, (3) services rendered, (4) quantum meruit, (5) unjust enrichment, (6) breach of fiduciary duty, and (7) negligence for incident that occurred on August 9, 2017. On December 2, 2021, Defendants New Crown Wholesale, Inc., and Shahbanu Karim Ladak filed a Motion for Summary Judgment. On January 27, 2022, Plaintiff TipTop Restoration, Inc. filed a...

Excerpt: ...ment based on sex. Defendant deposed Plaintiff on October 4, 2019. Defendant now brings a motion for an additional day of Plaintiff's deposition based on “supplemental discovery responses that broached new matters and asserted new facts occurring after her first day of deposition, and provided new evidence during depositions and attached to pleadings”. (Motion p. 2.) No reply was timely filed. LEGAL STANDARD “Once any party has taken the de...

Excerpt: ...d a Complaint against twelve defendants primarily alleging violations of Code of Civil Procedure (“CCP”) § 1695, et seq. Six of the defendants: Oliver Moussazadeh, Alexander Moussazadeh, Revilo Realty, Inc., Kyle Boseman, Alimon Williams, and Garth Davis, made identical except as to the name of the defendant settlement offers to Plaintiff pursuant to CCP 998 to resolve all claims filed between Plaintiff and those defendants. (Sall decl. Exh....

Excerpt: ...ch of contract alleging that Plaintiff wrongfully refused to return the balance of the funds paid to Plaintiff for services Plaintiff improperly billed for. On September 16, 2021 Plaintiff served Defendant with a Notice of Taking Deposition of Michele L. Abernathy, a deposition that went forward on December 8, 2021 without Defendant's counsel present. Defendant had filed and served a Motion to Quash pursuant to CCP 1987.1 and 1987.2 on November 2...

Excerpt: ...llectively “Defendants”). On June 4, 2021, Defendants appeared, through counsel, and filed a Demurrer. On August 9, 2021, the Court overruled the Demurrer. On August 24, 2021, Plaintiff requested that the Clerk of the Court enter default based on Defendants' failure to timely file an answer. The Clerk entered Default on that date. On September 22, 2021, Defendants filed the instant motion to set aside entry of default. On September 29, 2021, ...

Excerpt: ...(“United”), Brown United (“Brown”), John Brown (“John”), and Tamara Brown (“Tamara”). On January 10, 2018, United, John, and Tamara entered into a settlement agreement with Plaintiff and Michael H. Brown (“MHB”) (the “Settlement”). On January 19, 2018, by order of this Court, the Lead Action was dismissed without prejudice, pursuant to Code of Civil Procedure section 664.6, and jurisdiction was specifically retained by the...

Excerpt: ...Court entered default on September 16, 2020 and default judgment on October 13, 2021. Defendant filed the instant Motion to Vacate Default and Default Judgment on December 14, 2021. Plaintiffs filed an opposition on January 24, 2022 and Defendant replied on January 31, 2022. Discussion Defendant moves for relief on the grounds that service of the Summons and Complaint was not proper, rendering the entry of default and default judgment void under ...

Excerpt: ...Valley National Bank (“Plaintiff”) filed the instant collections action against Defendant Easy Towing, Inc. (“Defendant') on June 30, 2021. Following Defendant's failure to respond, the Court entered default on August 27, 2021. Default judgment has not yet been entered. Defendant filed the instant Motion to Vacate Default on November 17, 2021. Plaintiff filed an opposition on January 21, 2022 with a notice of errata on January 24, 2022. Def...

Excerpt: ...Irene Zendano (“Defendant”). Plaintiff filed proof of substitute service of the Summons and Complaint on January 24, 2020. On March 3, 2020, Defendant filed a Motion to Quash Service of Summons and Complaint. On November 3, 2020, the Court granted the Motion to Quash. (Minute Order, 11/03/20/.) Plaintiff filed a second proof of service of the Summons and Complaint. (08/13/21, Proof of Personal Service.) Following Defendant's failure to file a...

Excerpt: ...bitration Award.” On February 18, 2021, the Court sustained Defendant's Demurrer to the Complaint with leave to amend. (Minute Order, 02/18/21.) Plaintiff filed the First Amended Complaint on March 19, 2021, alleging breach of arbitration award. On August 30, 2021, the Court sustained Defendant's Demurrer to the First Amended Complaint with Leave to Amend. (Minute Order, 03/19/21.) On September 30, 2021, Plaintiff filed the Second Amended Compl...

Excerpt: ...sal of Action. (Minute Order, 03/04/21.) Defendant Goldstein's default was entered on March 11, 2021 and then vacated by stipulation of the parties on March 25, 2021. Plaintiff filed the instant Motion for Summary Judgment against Defendant Dan's Liquor on November 9, 2021. Defendant Dan's Liquor filed an opposition on January 20, 2022. Discussion Plaintiff alleges he is a California resident with physical disabilities and uses a wheelchair for m...

Excerpt: ... the Court sustained Defendant's Demurrer to the Complaint with leave to amend and placed Defendant's Motion to Strike Portions of the Complaint off calendar. (Minute Order, 04/27/21.) The Court also struck the first First Amended Complaint improperly filed by Defendant on April 20, 2021. (Ibid.) Plaintiff filed a proper First Amended Complaint on May 25, 2021. Defendant filed the Demurrer to, and Motion to Strike Portions of, the First Amended C...

Excerpt: ...a Nissan of South Bay (“Judgment Debtor”) pursuant to an Order, Decision or Award of the Labor Commissioner. On October 8, 2021, Judgment Creditor filed the instant Motion to Amend Judgment. No opposition has been filed to date. Discussion Judgment Creditor moves to amend the judgment to add Frank M. Stinson, Matthew T. Stinson and Roundtree Automotive Group (“Roundtree”) as judgment debtors. As an initial matter, however, the Motion has ...

Excerpt: ...ment was entered against all Defendants on March 30, 2016. On November 17, 2021, Judgment Creditor filed the instant Motion to Amend Judgment (the “Motion”). No opposition has been filed to date, but Defendant Douraghi filed a Motion to Vacate Default Judgment on December 22, 2021. The Motion to Vacate Default Judgment is set for hearing on March 2, 2022. Discussion Judgment Creditor moves pursuant to Code of Civil Procedure section 187 to ad...

Excerpt: ...rator issued an Arbitration Award in favor of Joseph Lifshultz (“Petitioner”) and against Todd Bezzasso (“Respondent”). On September 4, 2020, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). The Court set the Petition for hearing on January 8, 2021 and ordered Petitioner to give notice. On November 30, 2020, the Court continued the hearing to February 10, 2021. At the hearing on February 10, 2021, t...

Excerpt: ...$505.00 COSTS, LESS $2,000.00 IN MONIES PAID. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Arthur Javier (“Defendant”) on September 11, 2017. On March 7, 2019, Plaintiff filed a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court de...

Excerpt: ...ation assessments against Defendant Yoon Tae Hong on July 20, 2021. Hong (hereinafter “Cross- Complainant”) filed a Cross-Complaint against Avalon Greens Condominium Association II, Inc. (hereinafter “Cross-Defendant”) on October 19, 2021. Cross-Defendant filed the instant Demurrer to the Cross-Complaint on December 21, 2021. No opposition has been filed to date. Discussion Meet and Confer Effort The Court finds that the Demurrer is not a...

Excerpt: ...cil, LLC (“Plaintiff”) filed this qui tam action against defendants Brandi Linton (“Defendant Brandi”) and Luther Linton (“Defendant Luther”) for violation of the Immigration Consultants Act (“ICA”). Plaintiff alleges it “is a non- governmental organization (NGO) bringing actions on behalf of the people of the State of California under the Immigration Consultants Act (ICA) to shut down illegally operated immigration consultant b...

Excerpt: ...HE REQUEST FOR ISSUE AND/OR EVIDENTIARY SANCTIONS IS DENIED. ANALYSIS: Plaintiffs Tanya Holman, Julia Audrey Iliescu, Pawel Janowski and Derek Stricker (“Plaintiffs”) filed the instant action for violations of the California Investigative Consumer Reporting Agencies Act against Defendant AMLI Management Company (“Defendant”) on October 6, 2020. Defendant filed an Answer on November 19, 2020. On September 15, 2021, the Court granted Plaint...

Excerpt: ...s causes of action for (1) violation of the Rosenthal Act; (2) breach of contract; and (3) violation of Civil Code section 1950.5. On February 24, 2021, the Court granted Plaintiff's Motion for Summary Adjudication of the breach of contract cause of action. The parties filed a notice of settlement on October 20, 2021 and the Court set an OSC re dismissal for April 27, 2022. Plaintiff filed the instant Motion for Attorney's Fees on November 15, 20...

Excerpt: ...00 COSTS. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Keara Camille Phipps (“Defendant”) on January 2, 2015. On September 4, 2015, Plaintiff file a copy of the parties' settlement agreement with a request for dismissal and retention of jurisdiction under Code of Civil Procedure section 664.4. The Court dismissed the action pursuant t...

Excerpt: ...L. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $1,431.45 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS' SERVICE OF THIS ORDER. ANALYSIS: Plaintiff filed the instant action as a limited jurisdiction case against Defendant and Amityville Holdings, Inc. on February 13, 2019. Amityville Holdings, Inc. was subsequently dismissed from this action. Plaintiff filed the instant Motion to Compel Production of Documents and Appearance at Deposition; Issuance o...

Excerpt: .... An Amended Summons on the Complaint was filed on September 23, 2021 after the original Summons was rejected for filing. Defendant filed the instant “Demurrer to the Amended Complaint” on December 17, 2021. However, there is no “Amended Complaint” filed, only the Amended Summons on the Complaint. The Court, therefore, will consider the Demurrer to be against the Complaint. No opposition has been filed to date. Discussion The Court finds ...