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: ...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: ... 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: ...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: ...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: .../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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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...