Excerpt: ... named Sandy McDougall) RESPONDING PARTIES: Plaintiff David Posner REQUESTED RELIEF: 1. Moving Defendants demurrer to the entire Complaint as to Defendant Alexander MacDougall a/k/a Sandy MacDougall (erroneously sued as Sandy McDougall) as a matter of law. 2. Moving Defendants also demurrer to the Second Cause of Action, Fourth Cause of Action, Fifth Cause of Action, and Sixth Cause of Action for failing to state facts sufficient to constitute a ...

Excerpt: ... STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 20, 2022, Plaintiff Kandace M. Dudley (“Plaintiff”) filed a complaint against Defendant County of Los Angeles (“Defendant.”) The compliant alleged seven causes of action based upon discrimination and retaliation in violation of FEHA as well as a failure to accommodate. The complaint alleges that Plaintiff was illegally terminated. During her time working for Defendant, Plaintiff...

Excerpt: ...f action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 16, 2023, Plaintiffs Jose Guadalupe Cuevas and Maria R. Cuevas (“Plaintiffs”) filed a complaint against Defendant Pedro Cuevas aka Daniel Velasco and all persons known and unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to the plaintiff's title, or any cloud on plaintiff's title thereto (“D...

Excerpt: ... the Interrogatories is GRANTED. 2. Motion to Deem RFAs admitted is GRANTED 3. Request for Sanctions is GRANTED. . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 11, 2021, Plaintiff Jose Ayala (“Plaintiff”) filed a complaint against Defendants Somatdary, Inc., dba Rapid Plumbing, ADP Total Source FL XVI, Inc., ADP Total Source, Inc., and Abbas Pournahavandi (“Defendants.”) The complaint alleged 18 causes of action, including var...

Excerpt: ...n to Strike is GRANTED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 23, 2021, Plaintiff 40723 Murrieta Hot Springs Rd., LLC (“Plaintiff”) filed a Complaint against Defendant Gio Roofing, Inc., (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Implied Warranty, (3) Negligence, and (4) Fraud. The complaint alleges that Plaintiff hired Defendant to install a...

Excerpt: ...nts. TENTATIVE RULING: 1. Motion to Compel Further Responses is GRANTED, in part, and DENIED, in part. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 26, 2022, Plaintiffs Victor Monrroy De Jesus and Maria Hurtado (“Plaintiffs”) filed a complaint against Defendant General Motors, LLC (“Defendant.”). The complaint alleged two causes of action: (1) Violation of Song-Beverly – Breach of Express Warranty and (2) Violation of Song...

Excerpt: ...t. TENTATIVE RULING: 1. Demurrer is SUSTAINED, without leave to amend, as to the 1 st, 2 nd, and 13 th causes of action and with leave to amend as to the 11 th cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 19, 2022, Plaintiffs Raul Cabrera and Yany E. Acosta Pena (“Plaintiffs”) filed a complaint against Defendants O'Gara Coach Company, LLC, and Feng Li (“Defendants.”) The complaint alleged five causes of act...

Excerpt: ...the Third Amended Complaint. TENTATIVE RULING: 1. Demurrer as to 1 st and 2nd causes of action in the Third Amended Complaint is OVERRULED. 2. Demurrer as to the Third Cause of Action is SUSTAINED without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 28, 2022, Plaintiff Ali Ebneshahidi DC filed a complaint against Law Offices of Willoughby and Associates Inc. The First Amended Complaint was filed on June 13, 2022. Th...

Excerpt: ...aintiff Jack Song (“Plaintiff”) filed a complaint against Defendants Seok Kim, Kyeong Hee Im, Abba Trading Corp., and Sung En Jaeke Lee (“Defendants.”) The complaint alleged seven causes of action, including breach of contract and fraud. The complaint alleges that Plaintiff provided Defendants a loan of $120,000, which was to be paid back within 2 years. However, Defendants failed to do so in full. Moreover, Plaintiff alleges that Defenda...

Excerpt: ...ENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On November 9, 2022, Plaintiff Carlos Balbona (“Plaintiff”) filed a complaint against Defendant Jamie Biver (“Defendant.”) The complaint alleged five causes of action: (1) Quiet Title, (2) Trespass, (3) Nuisance, (4) Declaratory Relief, and (5) Nuisance in Violation of Civil Code § 841.4. The complaint alleges that Plaintiff owns a parcel of land on Calvert Street in North Hollywood, California, ...

Excerpt: ...s of the FAC that request punitive damages and attorneys' fees. TENTATIVE RULING: 1. Demurrer is OVERRULED, as to causes of action 1, 3, 4, 6, 8, 9. 2. Demurrer is SUSTAINED, with leave to amend, as to the remaining causes of action. 3. Motion to Strike is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 11, 2022, Plaintiffs Samantha Rosales and Sergio Benitez (“Plaintiffs”) filed a complaint against Defendant Marissa Agui...

Excerpt: ... An order sustaining the demurrer as to the 1 st, 2 nd, 3 rd, 4 th, 5 th, 7 th, and 8 th causes of action. 2. An order striking various portions of the Complaint that request punitive and exemplary damages. TENTATIVE RULING: 1. Demurrer as to the 3 rd and 5 th causes of action is SUSTAINED, with leave to amend. 2. Demurrer as to the 1 st, 2 nd, 4 th, 7 th and 8 th causes of action is OVERRULED. 3. Motion to Strike is GRANTED, with leave to amend....

Excerpt: ...$49,488. 2. An order awarding attorneys' fees in the amount of $20,694 TENTATIVE RULING: 1. Defendant's Motion for Attorneys' Fees against Plaintiff is GRANTED in the amount of $10,500. 2. Cross-Defendant's Motion for Attorneys' Fees against Cross-Complainant is GRANTED in the amount of $6,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 22, 2022, Plaintiff Wilfred J. Killian (“Plaintiff”) filed a complaint against Defendants Marc...

Excerpt: ...n October 1, 2018, Hallock Design Hospitality, LLC (“HDH”) filed a First Amended Complaint in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida in Case No. 2018- 000477-CA-01, captioned Hallock Design Hospitality, LLC v. Sam Vaziri Vance et al. (the "Florida Action"). The Florida Action alleged breach of contract against Sam Vaziri Vance, Inc. dba Sama Eyewear ("SVVI") and civil theft and fraud against SVVl'...

Excerpt: ...1. Motion for Attorney Fees pursuant to Code of Civil Procedure § 128.5 is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 6, 2018, Plaintiffs Lester Singer and Monica Mercado (“Plaintiffs”) filed a complaint against Greystar (“Defendant.”) The complaint alleged six causes of action: (1) Premises Liability, (2) Negligence, (3) Battery, (4) Assault, (5) Assault, and (6) Intentional Infliction of Emotional Distress. The com...

Excerpt: ...increasing the bond amount. TENTATIVE RULING: 1. Motion to Vacate Stay of Enforcement is DENIED. 2. Request for an Increase Bond Amount is GRANTED, by a total of $100,000. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Oh August 9, 2016, Plaintiff Arturo Rubinstein (“Plaintiff”) filed a complaint against Defendant Paris P. Fakheri. The complaint asserted one cause of action for money lent. The complaint alleges that between November 2013 and...

Excerpt: ...o REQUESTED RELIEF: 1. An order awarding costs incurred to Plaintiffs for service of summons. TENTATIVE RULING: 1. Motion to Recover Costs of Service is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On March 28, 2022, Plaintiffs Reed Harman and Nan Harman, Individually, as Trustees of the Visalia Trust (“Plaintiffs”) filed a complaint against Defendants Stanley Francis Chao and Steven Francis Chao (“Defendants.”) The complaint ...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 9, 2021, Plaintiff Seonah Jo (“Plaintiff”) filed a complaint against Defendant Jinyeung Choi (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that the parties entered into an oral agreement to operate a business partnership regarding the operation ...

Excerpt: ...Lifting the Stay is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On January 31, 2023, Plaintiff Bradley Schamel (“Plaintiff”) filed a complaint against Defendant Epirus, Inc. (“Defendant.”) The complaint alleged eight causes of action, including discrimination, harassment, and retaliation. Plaintiff, an officer in the United States Army, was employed by Defendant and had continuing military service obligations. In late 2019, P...

Excerpt: ...ieved as Counsel for Defendant. TENTATIVE RULING: 1. Motion to be Relieved as Counsel is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 3, 2021, Plaintiff Jay R. De Miranda, Trustee of the De Miranda Family Trust Dated December 12, 2000 (“Plaintiff”) against Defendants Assisted Living America V, LLC, (ALAV) and Assisted Living America LLC (ALA) (“Defendants.”) The complaint was for one cause of action for Breach of Writte...

Excerpt: ...ummary Adjudication is DENIED, as to the first and third causes of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On June 28, 2021, Plaintiffs Yoo Ha Kang, Young Ae Kang, and Jinny Hyun Jin Kang (“Plaintiffs”) filed a complaint against Defendants Kelly Nam (“Nam” or “Defendant”) and all persons unknown, claiming legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse to Pl...

Excerpt: ... and Request for Production of Documents. TENTATIVE RULING: 1. Motion to Compel Compliance with Plaintiff's Deposition Notice and Request for Production of Documents is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On August 5, 2020, Plaintiff Steven Roth (“Plaintiff”) filed the Complaint against Defendants Reichard M. Behfarin, Robert Mobasseri (“Defendants”) alleging for the following causes of action: (1) Breach of Contract ...

Excerpt: ...s SUSTAINED, with leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On April 25, 2023, Plaintiff Syed A. Bhuiyan filed a complaint against Defendants Volkswagen Group of America, Inc., Volkswagen Santa Monica, LLC dba Volkswagen Santa Monica (“Defendants.”) The complaint alleged 4 causes of action: (1) Violation of the Song-Beverly Act – Breach of Express Warranty, (2) Violation of the Song-Beverly Act – Breach of implied Wa...

Excerpt: ...posit with the Clerk of Court $50,000. 2. An order discharging Moving Cross-Complainant from liability. 3. A judgment of dismissal as to Moving Cross-Complainant. 4. An order awarding Moving Cross-Complainant $5,000 in attorneys' fees. TENTATIVE RULING: 1. Motion for Order for Deposit of Funds with the Clerk of Court is GRANTED. 2. Motion for Discharging Moving Cross-Complainant from liability is GRANTED. 3. Dismissal as to Moving Cross-Complaina...

Excerpt: ...the Complaint TENTATIVE RULING: 1. Demurrer is SUSTAINED, with leave to amend as to the 1 st, 2 nd, 3 rd, 4 th, and 5 th causes of action. 2. Demurrer is OVERRULED, as to the 6 th cause of action. 3. Motion to Strike is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On February 14, 2023, Plaintiff Barrye Jacobson (“Plaintiff”) filed a complaint against Defendant Adam S. Cohen and Saxon Spencer Capital, Inc. (“Defendants.”) The co...