Excerpt: ...022, the parties settled. On April 26, 2023, Plaintiff filed a memorandum of costs. On May 11, 2023, Defendant filed this motion to tax costs. LEGAL STANDARD Under Civil Code section 1794, subdivision (a), “Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitabl...

Excerpt: ...f Acme Metals & Steel Supply, Inc. On December 29, 2020, Plaintiff filed a complaint against Acme Metals & Steel Supply, Inc., Acme Metals & Steel Supply, Acme Metals, LLC, Jack Goldberg, and DOES. The complaint alleges breach of contract, quantum meruit, account stated, open book account, and personal guarantee. On January 14, 2022, Plaintiff filed a DOE amendment and named Defendant as such. On October 27, 2022, Defendant filed a motion for sum...

Excerpt: ...itration is DENIED. Factual Background Plaintiff Citlali Lopez Mayte Martinez brings this sexual harassment and discrimination action against Defendants Simplified Labor Staffing Solutions, Inc. (“Simplified”) and William Espinoza. Plaintiff alleges the following: Plaintiff began working for Simplified on January 11, 2022. (Compl., ¶ 11.) Throughout her employment, Plaintiff suffered severe and pervasive sexual harassment from her supervisor...

Excerpt: ...ply Co. and Saviss Pico LLC (“Defendants”). Plaintiff brought this action with causes of action for negligence and premises liability for injuries resulting from a slip and fall that occurred on Defendant's property. On April 26, 2023, Defendants filed a motion for summary judgment, arguing: · Motion made pursuant to CCP § 437c on the grounds that there exists no triable issue as to any material facts as to any of the causes of action. · T...

Excerpt: ...leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of action against Saratoga, Defendant John Leon, Defendant Frank Macciola, and Defendant Je...

Excerpt: ...sel for Plaintiff/opposing party: Michael J. Jaurigue, Mark L. Share, and Alexander E. Eisemann (pro hac vice motion hearing on 5/2/23) TENTATIVE RULINGS The Court DENIES Plaintiff Sybil M. Flom's motion to vacate arbitration award. The Court GRANTS Defendant Bernard A. Michlin's motion to confirm arbitration award. The Court orders the defendant to file and serve a proposed order within ten (10) days of this ruling. FACTUAL BACKGROUND On January...

Excerpt: ...ave to amend. The motion to strike is MOOT in part and GRANTED u.ith leave to amend in part. Discussion This is a derivative action filed by Plaintiff Liu on behalf of Defendant Saratoga Maintenance Corporation ("Saratoga") _ Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of action against Saratoga: Defendant John Leon: Defendant Frank Macciola, and Defendant Jerry Schmidt...

Excerpt: ...leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of action against Saratoga, Defendant John Leon, Defendant Frank Macciola, and Defendant Je...

Excerpt: ...ond cause of action for breach of the implied warranty of habitability is SUSTAINED with LEAVE TO AMEND. Discussion On July 21, 2022, Jazmin Gonzalez, Jose Ruben Conchas, and Rosa Imelda Gonzalez (“Plaintiffs”) filed a complaint against Jonathan Parson (“Defendant”) alleging negligence and breach of implied warranty of habitability arising out of Defendant's alleged failure to prevent or cure a roach infestation. On November 23, 2022, Def...

Excerpt: ... of Los Angeles, Elton Howerton, and Peter German. On March 11, 2022, Plaintiff filed the First Amended Complaint (“FAC”) alleging the following causes of action: (1) race discrimination in violation of FEHA and Government Code §§ 12920, 12921, 12940(a); (2) racial harassment, hostile work environment in violation of FEHA and Government Code § 12940(j); (3) retaliation in violation of FEHA and Government Code § 12940(h); (4) failure to pr...

Excerpt: ...he case is ordered stayed pending binding arbitration as to the entire action. A. BACKGROUND¿ ¿ On March 31, 2021, Geraldine Freeman (“Plaintiff”) purchased a 2019 Nissan Kicks (the “vehicle”).¿ The parties to the sales contract are Plaintiff, as Buyer, and Premier Nissan of San Jose, as Seller-Creditor.¿ The sales contract provides “we” or “us” sometimes refer to the Seller-Creditor.¿ The sales contract contains an arbitrati...

Excerpt: ...he case is ordered stayed pending binding arbitration as to the entire action. A. BACKGROUND¿ ¿ On May 7, 2021, Younghyeon Lee (“Plaintiff”) purchased a new 2020 Nissan Pathfinder (the “vehicle”).¿ The parties to the sales contract are Plaintiff, as Buyer, and Nissan of Tustin, as Seller-Creditor.¿ The sales contracts provides “we” or “us” sometimes refer to the Seller-Creditor.¿ The sales contract contains an arbitration pro...

Excerpt: ...t Josephine Borchardt, Genevieve Borchardt, Francesca Borchardt, and Gabriella Borchardt (collectively, “Defendants”). Plaintiff's Complaint arises from an alleged breach of a residential lease agreement by Defendants, who were the tenants of the real property (“subject premises”) for which Plaintiff was the owner. Specifically, Plaintiff alleges that, during Defendants' tenancy, Defendants breached the lease agreement in various aspects,...

Excerpt: ...itability and housing code violations of a residential property unit (the “Unit”) that Plaintiffs Fatameh Arbabarbabi and Robert Emami (“Plaintiffs”) leased from Defendant Sharon Towers Investment Company, LLC (“Defendant”). According to Plaintiffs, Defendant rented a storage unit from Defendant that was unfit for habitation. They further allege that Defendant, by and through their agents, knowingly and falsely represented the storage...

Excerpt: ...ED without leave to amend. Background This case arises out of a complaint for elder abuse filed by Plaintiff and Cross-Defendant Claudia Neuman against Defendant and Cross-Complainant Evie Ryland (“Ryland”). On April 15, 2022, Ryland filed the present cross-complaint against Claudia Neuman, Victoria Talbot Neuman (collectively, the “Neumans”), and Does 1 to 10, alleging three causes of action: (1) services rendered to decedent Marian Neum...

Excerpt: ...s is an employment action arising out of Omar Hernandez's ( “Plaintiff”) employment with Santino's Pizza and Daniel Bruce (collectively “Defendants”). According to Plaintiff, Defendants employed Plaintiff as a cook at Santino's Pizza restaurant from approximately 2003 to March of 2021. (Second Amended Complaint (“SAC”), ¶¶ 12-13.) He worked full- time and frequently beyond his scheduled hours. (SAC, ¶ 13.) Throughout the course of ...

Excerpt: ... Dick P. Sindicich Counsel for Respondent/opposing party: Pamela S. Palma, Andrick J. Zeen, and Sean P. McNally TENTATIVE RULINGS: TENTATIVE ORDERS The Court DENIES Respondent Xiao Yan Zhang's motion to vacate or alter arbitration award. The Court GRANTS Petitioner Zhong Lun Law Firm LLP's petition for order confirming arbitration award as amended on August 15, 2022, and request for post‐arbitration award interest for a total judgment of $537,9...

Excerpt: ...d, Inc. dba Mr. Handyman's Demurrer to Cross‐Complainants' Amended Cross‐Complaint is SUSTAINED, with leave to amend within 10 days. Cross‐Defendant Freshly Minted, Inc. dba Mr. Handyman's Motion to Strike is DENIED as MOOT. Discussion On May 28, 2020, Joanna Ardalan (“Plaintiff”) initiated the present action by filing a Complaint against Josephine Borchardt, Genevieve Borchardt, Francesca Borchardt, and Gabriella Borchardt (collectivel...

Excerpt: ...rs the burden of showing the court that the plaintiff “has not established, and cannot reasonably expect to establish,'” the elements of his or her cause of action.'”” (Ennabe v. Manosa (2014) 58 Cal.4th 697, 705; accord, Mattei v. Corporate Management Solutions, Inc. (2020) 52 Cal.App.5th 116, 122.) When a defendant moves for summary adjudication on a cause of action for which the plaintiff has the burden of proof at trial, the defendant...

Excerpt: ...ion Plaintiff commenced the instant action by filing a complaint on January 4, 2022, against Defendants Baldwin Hills Multifamily, LLC, Moss Management Services, Inc. (“Moss”), The Collection at Baldwin, and unnamed Doe defendants. Plaintiff is a Bulgarian national and rented an apartment from Defendants while attending the University of Southern California on a student visa. The first apartment she rented from Defendants was located at 4050 ...

Excerpt: ...a six cause of action lemon law case filed on August 20, 2021 against Defendants BMW of North America, LLC, Santa Monica BMW, and Does 1 through 10 for claims arising from Plaintiff's lease of a 2019 BMW X3. On February 15, 2022, Plaintiff dismissed the entire action of all parties and all causes of action without prejudice. On March 3, 2022, Defendants BMW North America, LLC and Santa Monica BMW (“Defendants”) filed a Memorandum of Costs, in...

Excerpt: ...s of insurance policies, from January 2016 to the present, issued to Quinn Boman covering a 1937 Ford Woody (Vin No. 12630442511105455), that state or discuss the value of the same 1937 Ford Woody or policy limits for the vehicle; 2. Any correspondence with Quinn Boman, from January 2016 to the present, stating or discussing the value of a 1937 Ford Woody (Vin No. 12630442511105455) or policy limits for the vehicle; and 3. Any writings, from Janu...

Excerpt: ...The operative pleading is the First Amended Complaint, which was filed against Defendants the Ibex Group, Inc. (“Ibex”) and Stephen Derrickson (“Derrickson”), and asserts causes of action for: C/A 1: Disability Discrimination C/A 2: Failure to Provide Reasonable Accommodation C/A 3: Failure to Engage in the Interactive Process C/A 4: Failure to Take All Reasonable Steps Necessary to Prevent Discrimination & Retaliation C/A 5: Interference...

Excerpt: ...tate owners and operators, whose business involved using their own funds, and funds invested by business associates, family and friends, to acquire real estate assets over a wide geographic area through limited liability companies and similar entities, for which Brighton functioned as ‘manager' pursuant to the entities' governing documents. The Brighton-managed entities are referred to herein as ‘Entities.'” The complaint further alleges: �...

Excerpt: ...tements provide brief narratives regarding the alleged trade secrets. If CCA believed that the alleged trade secrets were inadequately described, “it should have moved the trial court to that effect.” (Coast Hematology‐Oncology Medical Group, Inc. v. Long Beach Memorial Medical Center (2020) 58 Cal.App.5th 748, 763 (Coast).) [2] As to the client list with some 50,000 entries, there seems little doubt that it meets the criteria under Civil C...

Excerpt: ... documents. BACKGROUND On September 8, 2021, Plaintiff Justin Aquino (“Plaintiff”) filed his First Amended Complaint (“FAC”) against Defendant Pomona Valley Medical Center (“Defendant”) alleging seven causes of action: 1. Failure to accommodate in violation of the Fair Employment and Housing Act (“FEHA”) 2. Disability discrimination in violation of FEHA 3. Failure to engage in the interactive process in violation of FEHA 4. Retali...

Excerpt: ...Court 3.1130(b) and Rule of Professional Conduct 1.8.5(a). Defendant does not cite any authority indicating that counsel for plaintiff Amy Staunton would be acting as a guarantor or surety on the Bond if counsel paid for the Bond premium or guaranteed or collateralized the Bond. On the face of the Bond filed on September 13, 2021, Travelers Casualty and Surety Company of America (“Travelers”) is the surety, not counsel for Staunton. Travelers...

Excerpt: ...ed claims. As our Supreme Court held in Erlich v. Menezes (1999) 21 Cal.4th 543, 551, “[t]ort damages have been permitted in contract cases . . . where the contract was fraudulently induced.” Plaintiffs allege that defendant knew of the allegedly defective engine (Compl. ¶¶ 24-35), that defendant failed to disclose and concealed the defects (Compl. ¶¶ 36-51), and that, if had plaintiffs known that the engine was defective at the time of l...

Excerpt: ...SS‐DEFENDANT CALIFORNIA CONSUMER ATTORNEYS, RE REQUESTS FOR PRODUCTION, SET ONE (filed 07/13/2021) MOTION TO COMPEL FURTHER RESPONSES FROM COSS‐DEFENDANT CALIFORNIA CONSUMER ATTORNEYS, RE SPECIAL INTERROGATORIES, SET ONE (filed 07/14/2021) MOTION TO COMPEL DEPOSITION OF KEVIN JACOBSON AND FURTHER RESPONSES TO REQUESTS FOR PRODUCTION (filed 10/04/2021) TENTATIVE RULING The motions are granted in part and denied in part as set forth below. Knig...

Excerpt: ...rer as to Breach of Implied Warranty of Habitability and Nuisance is SUSTAINED WITH LEAVE TO AMEND. Defendants' Motion to Strike punitive damages is GRANTED. Discussion On October 11, 2018, Plaintiff entered into a written agreement (“Agreement”) to rent from Defendants the living unit at 1353 North Martel Ave., Apartment 310 (“Rental Property”) and became tenant of record. The Agreement contained a provision providing for an award of att...

Excerpt: ...d this action against Defendants Standard Insurance Company (“Standard”), Branciforte Fire Protection District (“Branciforte”), Fire District Association of California Employee Benefits Authority (“Fire Authority”) and Keenan & Associates (“K&A”) alleging causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and negligence. Plaintiff's deceased spouse, Peder McElroy was a fire capt...

Excerpt: ...is is a lemon law case. On July 14, 2021, Plaintiff George Williams filed this action against Defendant Kia Motors America, Inc. (“Kia”), alleging causes of action for: C/A 1: Breach of Express Warranty – Violation of Song‐Beverly Act C/A 2: Breach of Implied Warranty – Violation of Song‐Beverly Act C/A 3: Fraudulent Inducement – Concealment C/A 4: Fraudulent Inducement – Intentional Misrepresentation On August 16, 2021, Defendant...

Excerpt: ... Discussion This is a lemon law case. Plaintiff Christina Seitsinger filed this action against Defendant American Honda Motor Co., Inc., alleging various causes of action based on alleged defects and non‐conformities to a 2018 Honda Odyssey Plaintiff purchased in 2017. On June 18, 2021, in the operative first amended complaint, Plaintiff alleged the following causes of action against Defendant: C/A 1: Violation of Section 1793.2(d) C/A 2: Viola...

Excerpt: ...aintiff is ordered to file a voluntary dismissal of the second cause of action within 10 days. Discussion On October 29, 2020, Plaintiff Rebel Way Entertainment, Inc., filed this action against Defendants Savage Isle, LLC (“Savage”), and Alexis Ren for: C/A 1: Breach of Contract C/A 2: Breach if Implied Covenant of Good Faith and Fair Dealing Plaintiff is a film production company and financier that works with filmmakers to develop, produce, ...

Excerpt: ...tion alleging claims for habitability and wrongful eviction against Defendants Donna Dorsey (in various capacities), Don Dorsey (his estate), Petra Klane, Chryssa Lightheart, and Pritchett‐Rapf Realtors. Plaintiff alleges the following causes of action against all Defendants: C/A 1: Breach of Contract C/A 2: Breach of Implied Warranty of Habitability C/A 3: Breach of Implied Covenant of Quiet Enjoyment C/A 4: Negligence C/A 5: Intentional Misre...

Excerpt: ... On June 14, 2021, Plaintiff Edmund Tucker filed this action against Defendants Amerit Fleeting Solutions, Inc. (“AFS”), and David Christy alleging discrimination, harassment, retaliation, failure to prevent, failure to engage in interactive process, and failure to accommodate under FEHA as well as three retaliation claims under Cal. Lab. Code §§ 1102.5 and 6310 based on Plaintiff's disability (hip surgery/avascular necrosis/alcoholism). On...

Excerpt: ...ainst Carter is sustained with leave to amend. BACKGROUND INFORMATION In the operative first amended complaint, Plaintiff Melissa Gileece alleges the following causes of action against Defendants Los Angeles County + University of Southern California Medical Center (“LAC/USC”) and Valda Carter: C/A 1: Gender/Identity Discrimination (FEHA) C/A 2: Gender/Identity Harassment (FEHA) C/A 3: Retaliation (FEHA) C/A 4: Failure to Prevent (FEHA) C/A 5...

Excerpt: ...fifth causes of action in the cross‐complaint. The demurrer is sustained as to the sixth cause of action without prejudice to Cross‐Complainant to alleging conspiracy allegations as part of his other underlying causes of action. BACKGROUND INFORMATION On January 11, 2021, Plaintiff Paul Yu, doing business as PR Express filed this action against Defendants Gae Sung An aka Scott An and LA Cargo Express, Inc., alleging causes of action for: C/A ...

Excerpt: ...rt denies Defendants' request to continue the trial date. Discussion On January 21, 2020 Plaintiff Hazel Reyes filed this action against Defendants Disney Consumer Products and Interactive Media, Inc., Disney Consumer Products, Inc., and the Walt Disney Company alleging six causes of action based on FEHA/wrongful termination based on her disabilities: C/A 1: Disability Discrimination C/A 2: Failure to Prevent Discrimination C/A 3: Retaliation in ...

Excerpt: ...cond amended complaint Plaintiff alleged the following causes of action against Defendants J&S Real Estate Investments, Inc. ( “JS”), D F & RF Pleasure, Inc. ( “DFRF”), Shaul Amar, Daniel Forster, Alexandria Forster, Robin Forster, and Antonio Cristi for: C/A 1: Recovery Under the Uniform Avoidable Transactions Act C/A 2: Declaratory Relief C/A 3: Quiet Title C/A 4: Slander of Title C/A 5: Cancellation of Deeds C/A 6: Breach of Fiduciary ...

Excerpt: ... sustained with leave to amend as to the fourth cause of action. The request for judicial notice is denied as irrelevant. DISCUSSION I. First Amended Complaint In the operative first amended complaint, Plaintiffs Natalie Roberts and the Estate of David Roberts, by and through his successor‐in‐interest Natalie Roberts (the “Estate”) alleged the following causes of action against Defendant McDermott Will & Emery, LLP (“Defendant” or “...

Excerpt: ...as to the seventh cause of action without leave to amend. Background On January 19, 2021, Plaintiff Derrick Maye filed this action against Defendants The Ibex Group, Inc., and Stephen Derrickson, alleging various claims under the Fair Employment and Housing Act (“FEHA”): C/A 1: Disability Discrimination C/A 2: Failure to Provide Reasonable Accommodation C/A 3: Failure to Engage in the Interactive Process C/A 4: Failure to Take All Reasonable ...

Excerpt: ...Defendants First to Respond Restoration, Inc. (“FTRR”), Chris Colbert (“Chris”), Jessica Colbert (“Jessica”), and Davin Rosenfeld (“Rosenfeld”): C/A 1: Breach of Contract C/A 2: Reckless Negligence C/A 3: Fraud and Deceit C/A 4: Recission C/A 5: Financial Elder Abuse Plaintiff is 74 years old, disabled and owed property located at 1044 S. Orange Dr., Los Angeles, California. FTRR does business as a general and special building con...

Excerpt: ...inst Toyota Motor Sales U.S.A. Inc. (erroneously sued as “Toyota Motor Corporation, Inc. aka Toyota Motor Sales Corporation”) for claims arising from her leased 2010 Lexus HS250h. On June 4, 2021, the court entered judgment in Defendant 's favor after granting Defendant's motion for summary judgment on the grounds that Plaintiff's causes of action are barred by the applicable statute of limitations. On June 14, 2021, Defendant filed a memoran...

Excerpt: ...Bob Smith VC Calabasas as to its role in this action, its position on this motion, and/or its consent to arbitrate. BACKGROUND A. Complaint On July 27, 2021 Plaintiffs Rosa Elizalde‐Ponciano and Miguel Angel Elizalde Romero filed this action against Defendants Bob Smith VC Calabasas, LLC, and Volvo Cars of North America, LLC (“Volvo”), alleging causes of action for: C/A 1: Violation of Song‐Beverly Act—Breach of Express Warranty C/A 2: ...

Excerpt: ...COMPLAINT (filed 07/20/2021) TENTATIVE RULING [1] The demurrer is sustained with leave to amend as to the second cause of action against Investment Consultants only. The demurrer is overruled as to the third cause of action. The demurrer to the first and sixth causes of action against Investment Consultants is denied as moot. DISCUSSION I. Background Information regarding Partnership Ownership and Management On September 12, 1994, a limited partn...

Excerpt: ...ION OF DEFENDANT (filed 08/25/2021) TENTATIVE RULING The motions are granted in part and denied in part. As for Defendant's motion, Plaintiff is ordered to appear for a deposition within 30 days. The motion is otherwise denied. As for Plaintiff's motion, Defendant's PMQ is ordered to appear for a deposition within 30 days. The motion is otherwise denied. No sanctions will be awarded on either motion. Discussion A. Pleadings On August 21, 2020, Pl...

Excerpt: ...21) TENTATIVE RULING The motion to compel further responses regarding form interrogatories, set one is granted. BMS is ordered to serve further, complete, code‐compliant verified responses without objection to the form interrogatories at issue within 20 days. For this motion, the court imposes sanctions against BMS and its counsel, jointly and severally, in the amount of $250. The motion to compel further responses regarding requests for produc...

Excerpt: ... Laurie Touchberry (“Laurie”) (collectively “Plaintiffs”) sued Defendants 3M Company (Doe 1), Creative Art Materials Ltd. (Doe 2), GPC International Inc. (Doe 3), Masterchem Industries LLC (Doe 4), Packaging Service Co.(Doe 5), Rust‐Oleum Corporation (Doe 6), Rust‐Oleum Corporation as successor‐by‐acquisition to the Testor Corporation (Doe 7), The Sherwin‐ Williams Company (Doe 8), The Sherwin‐Williams Company as successor‐b...

Excerpt: ...S, INC. FOR DETERMINATION OF GOOD FAITH SETTLEMENT (filed 8/23/2021) TENTATIVE RULING The application is denied. DISCUSSION On April 16, 2020 Plaintiff Jeff Lee filed this action. In the operative second amended complaint, he alleges the following causes of action against Defendants Maria Miguens, J. Eric Lastition, and Colliers International (erroneously sued as Colliers International, but whose true name is Colliers International Greater Los An...

Excerpt: ...fees and $7,790.38 in costs for a total award of $85,460.38. BACKGROUND On April 29, 2020, Plaintiff Juan Diego Lara filed this action against Defendants Maximilliano HP, Inc., Andre Guerrero, Ruben (Last Name Unknown), Chuck (Last Name Unknown), Rodrigo (Last Name Unknown), and Leo (Last Name Unknown), alleging causes of action for: C/A 1: Failure to Pay Wages for Rest Break Periods C/A 2: Failure to Pay Wages for Meal Break Periods C/A 3: Waiti...

Excerpt: ...SIDERATION/CLARIFICATION OF COURT'S MAY 17 [SIC] 2021 RULING (filed 06/01/2021) TENTATIVE RULING [1] Pierson's motion for a good faith settlement determination is granted. Plaintiff's motion for reconsideration/clarification is denied as moot. Discussion Plaintiff has been a licensed attorney for over 35 years. Plaintiff filed this action against:  Bridgecreek Defendants: Bridgecreek (an independent living facilities for senior citizens) Holid...

Excerpt: ...ion of Labor Code §§ 201, 201.5, 201.6, 202, and/or 206. Plaintiff alleges that Defendant employed Plaintiff as a model in or about July 2019, but failed to pay Plaintiff until December 2019. On July 20, 2021, Plaintiff filed a motion for leave to amend to file a first amended complaint. The proposed first amended complaint would add causes of action 2 through 10, as follows: (2) Breach of Written Contract; (3) Breach of Implied In Fact Contrac...

Excerpt: ...e demurer to the sixth and ninth causes of action are sustained with leave to amend. The motion to strike is denied. BACKGROUND On October 28, 2020, Plaintiffs Young Lee, Guillaume Le Blanc, Samuel Lamontagne, Linus Ainalem, Renee Ramirez, Lucio Perez, Emanual Johnson, Seyeid Ali, Neftali Trigueros, and Lisa Holmes filed this action against Defendants Royal Viking Motel, Altman Apartments, LLC, and West 3 rd Street, LLC based on allegations of sl...

Excerpt: ...SE (JAYLA VELASQUEZ) EXPEDITED PETITION TO APPROVE MINOR'S COMPROMISE (JEREMY VELASQUEZ) TENTATIVE RULING The motion is denied without prejudice to the moving parties refiling the applications that addresses/resolves the issues that the court raises below no later than August 25, 2021. The court will conduct a hearing on August 30, 2021 at 8:30am. Background On January 21, 2020, Plaintiffs Jessy Velasquez (adult), Jacky Duarte (adult), Jayir Cali...

Excerpt: ...tiff's first, third, fourth, fifth, sixth, seventh, eighth, ninth, eleventh, and twelfth causes of action in Defendants' favor. Summary adjudication is granted as to the issue of punitive damages in Defendant's favor. Summary adjudication is denied as to Plaintiff's second and tenth causes of action. Plaintiff's motion for leave to amend is granted. BACKGROUND A. Evidentiary Rulings The court will consider Plaintiff's opposition. Plaintiff's coun...

Excerpt: ...ation as to Issue Nos. 2 and 3. Plaintiff is to give notice of this ruling unless waived. Discussion This is a breach of contract action arising out of a dispute whether an insured under an insurance policy must reimburse an insurance company for defending certain litigation allegedly pursuant to the insurance policy. Plaintiff Steadfast Insurance Company (“Plaintiff”) alleges that it issued to Defendant Playa Capital Company, LLC (“Defenda...

Excerpt: ...nts limited to only documents involving the same make and model of the Vehicle from 2011 to 2016. To the extent that Defendants withhold any documents based on any privilege objections, Defendants must produce a privilege log. The Court denies Plaintiffs' request for monetary sanctions. Discussion This is a lemon law action arising out of Plaintiffs Maria Munoz and Lucio Munoz Carrillo (collectively “Plaintiffs”) purchase of a 2016 Dodge Gran...

Excerpt: ...0 days to file a new complaint. Defendant's Motion to Strike is MOOT. Discussion On September 15, 2020, Plaintiff Tyrone Murphy filed this action against Defendant Los Angeles County Jail and Sheriff's Office. In the complaint, Plaintiff alleges causes of action for common counts and breach of contract. Plaintiff alleges he is filing a kidnapping case against Defendant for illegally holding him past his release date. On May 20, 2021, Defendant Co...

Excerpt: ...f record until after the Subpoena had been served. Accordingly, the Court finds it appropriate to grant Defendant's motion based on improper service. Discussion Paul Yu d/b/a PR Express (“Plaintiff”) filed this action against Gae Sung An a/k/a Scott An and LA Cargo Express, Inc., on January 11, 2021. This suit arises from defendant Gae Sung An's employment with Plaintiff and his subsequent formation of corporation co‐defendant LA Cargo Expr...

Excerpt: ...itled: A Company Hungary Kft v. Sergei Bespalov and Marina Bespalov; Case No. 20STCV00175 and the verified complaint in this matter (Case No. 21STCV00733) filed on January 8, 2021 (without exhibits). These requests are GRANTED. Evid. Code §§ 452, 453. Plaintiff's Evidentiary Objections (filed 8/4/21) SUSTAINED: 3, 4, 7, 10, 11, 12, 14. OVERRULED: 1, 2, 5, 6, 8, 9, 13. Defendant's Evidentiary Objections (filed 8/10/21) SUSTAINED: 4. OVERRULED: 1...

Excerpt: ... to quash subpoena: The court narrows the time-frame of the subpoena request to May 2019 through present. The motion is otherwise denied. The court declines imposing sanctions on these motions. BACKGROUND A. Pleadings Plaintiff ARDA Textile USA (“ARDA”) is owned by Plaintiff Cem Bmalki. ARDA and Defendant Michel Himy are both members and managers of Defendant International Laundry LLC (“International Laundry”), with each owning one-half o...

Excerpt: ...BACKGROUND Plaintiff Alicia Ramirez filed this lemon law action alleging breaches of the implied and express warranties of merchantability under the Song-Beverly Warranty Act against Defendant Hyundai Motor America based on Plaintiff's purchase of a 2016 Hyundai Tucson. On April 30, 2021, Plaintiff executed a settlement agreement and release with Defendant. Defendant agreed to repurchase the vehicle for $42,000 and pay attorney's fees, costs, and...

Excerpt: ...y Express World Courier, Inc. (“Sky”), Hyoungtae Kim, and Kyoungjin Cho, alleging causes of action for various labor code violations: C/A 1: Failure to Pay Overtime Wages (Labor Code §§204, 510 & 1194) C/A 2: Failure to Pay Minimum Wages (Labor Code §§1194, 1194.2) C/A 3: Failure to Provide Meal Periods (Labor Code §§226.7, 512) C/A 4: Failure to Provide Rest Periods (Labor Code §226.7) C/A 5: Failure to Furnish Timely and Accurate Ite...

Excerpt: ...on is denied. BACKGROUND In the operative second amended complaint, Plaintiff University of Southern California, on behalf of its Keck Hospital of USC (“USC” or “Plaintiff”) alleges the following causes of action against Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (“Kaiser” or “Defendants”): C/A 1: Declaratory Relief C/A 2: Breach of Written Contract C/A 3: Breach of Written Contract C/A 4: Beach...

Excerpt: ...ollowing causes of action against Defendants Arixa Capital Advisors LLC and Jan Brzeski: C/A 1: Violation of California Labor Code §1102.5 (Whistleblower Statute) C/A 2: Defamation C/A 3: Sexual Discrimination and Retaliation in Violation of Gov Code 12940 (FEHA) C/A 4: Retaliation and Wrongful Termination in Violation of Public Policy C/A 5: Unruh Civil Rights Act Violations C/A 6: Breach of Contract C/A 7: Breach of Covenant of Good Faith and ...

Excerpt: ...E RULING [1] Bridgecreek Defendants 'Costs: The court grants the motion in part and denies the motion in part. The motion is granted to strike/tax costs relating to court reporter fees by $618.26. The motion is otherwise denied. The court, therefore, allows the Bridgecreek Defendants a total of $7,868.82 ($8,487.08 (total costs requested) ‐ $618.26 (costs stricken/taxed)) in recoverable costs. Saving Grace Defendants 'Costs: The court, therefor...

Excerpt: ...law case. On November 6, 2020, Plaintiff Misael Gomez‐Diaz filed this action against Defendant GM Motors, LLC. The complaint alleges causes of action for: C/A 1: Song‐Beverly Consumer Act—Breach of Express Warranty C/A 2: Song‐Beverly Consumer Act—Breach of Implied Warranty C/A 3: Song‐Beverly Consumer Act—Civil Code §1793.2(b) Plaintiff purchased a 2014 Buick Enclave on August 2, 2014. Plaintiff alleges that the vehicle was delive...

Excerpt: ...ff Reynoso for a total of $ 500. Discussion On October 26, 2020 Plaintiffs filed this action and the complaint against Defendants. The operative third amended complaint alleges causes of action for: C/A 1: Breach of Fiduciary Duty C/A 2: Action for an Accounting C/A 3: Conversion Plaintiffs 'allegations stem from real property located at 3157 Feather Ave., Baldwin Park, California 91706 (the “Property”). According to Plaintiff's FAC, in 1986 ...

Excerpt: ...Defendant's request for judicial notice is denied. The motion to strike re punitive damages is denied as Plaintiff has not alleged punitive damages. The motion to strike re attorneys fees is granted given Plaintiff's agreement in the opposition papers. DISCUSSION On March 8, 2021, Plaintiff De Angeles Films, Inc. filed this action against Defendant Ian Hodgkinson for: C/A 1: Breach of Contract C/A 2: Action of Fiduciary Duty C/A 3: Negligent Misr...

Excerpt: ..., 2020, Plaintiff Just Jared, Inc., filed this action against Defendants Troika Media Group, Inc. (“Troika”), and Mission‐Media Ltd. (“Media”), for breach of contractual indemnity. Defendant Troika is the successor‐in‐interest to Mission. Plaintiff is an online celebrity website and multi‐media entertainment group with an emphasis on pop culture. Plaintiff receives requests from public relations and media companies to publish phot...

Excerpt: ...omplied with within 30 days Form Interrogatories: The motion is denied Requests for Production: The motion is granted in part and denied in part as reflected in the court's ruling below. The court declines to impose sanctions. Compliance within 20 days. Discussion This is a lemon law case. On August 11, 2020 Plaintiff Christina Rodriguez filed this action against Defendant GM Motors, LLC. The operative first amended complaint alleges causes of ac...

Excerpt: ...xtent that Defendant withholds/redacts any documents based on privilege, Defendant must produce a detailed privilege log explaining the basis for so withholding/redacting. Defendant is otherwise ordered to produce all responsive documents to the deposition notices within 10 days. Plaintiff is ordered to file any motion that contests any withholding of any documents/redactions based on privilege objections within 15 days after being served with th...

Excerpt: ...s. To the extent that Defendant refuses to answer any specific question and/or refuses to produce any specific document at that deposition to which Plaintiff takes issue, this ruling is without prejudice to Plaintiff's bringing a further motion to compel that specifically and substantively addresses only those issues. The court declines to impose sanctions. Discussion On May 30, 2017 Plaintiff, the mother of the deceased, filed this wrongful acti...

Excerpt: ...tal, and Buffalo 8 Productions LLC for Breach of Contract. Defendants entered into a legal fee agreement with Plaintiff dated February 1, 2015 (Complaint, Ex. A). Plaintiff alleges that Defendants failed to make payments to Plaintiff of $10,455 and 1% of the undiluted equity in Bondit LLC, pursuant to the legal fee agreement. On June 2, 2021, Defendants filed a demurrer arguing the fee agreement provides for an adverse interest in favor of Plaint...

Excerpt: ... action is sustained with leave to amend. The motion to strike is granted as to paragraph 12, page 5, lines 5‐6. The motion to strike is otherwise denied. DISCUSSION In the operative first amended complaint (the “FAC”), Plaintiffs allege the following causes of action against Defendants Main Street Management LLC ( “Main Street”), Christopher Fletcher, Regatta Investors LLC (“Regatta”), Stratford Regatta Rentals LLC (“SRR”), Wed...

Excerpt: ...fendant”) and Does 1 through 20, inclusive. The complaint alleges negligence arising out of the death of 10,000 royal palm tree saplings. Although unclear as to the relationship between the parties, among other things, Plaintiff alleges that due to Defendant's negligence, 10,000 royal palm tree saplings were destroyed. (“Defendants, and each of them, negligently entrusted, maintained, controlled, managed, operated, said GARDENING TOOLS so as ...

Excerpt: ...are ordered to file a stipulation for protective order based on LASC model protective order; Defendant is ordered to produce documents within seven days after the court approves that stipulation; at the same time, Defendant is ordered to serve further responses to request for production nos. 21, 22, and 28 stating that all documents have been produced; Plaintiff shall retain rights to re‐file another motion to compel further responses within 30...

Excerpt: ...ership agreement for Defendant 350 South Los Angeles St. Partnership (the “Partnership”) was entered into. (Complaint, Ex. A at 1). Defendant Downtown Acquisition Group, Inc. (“DAG”), was named the general partner in the Partnership. (Ibid.) Defendant Saeed Farkhondehpour signed the limited partnership agreement on behalf of DAG as its president. (Ex. A at 22). The limited partners who signed the partnership were:  The Kermani Revocabl...

Excerpt: ...TS: $666.97 TOTAL: $75,903.85 Plaintiff to lodge an amended judgment accordingly. Discussion On February 4, 2020, Plaintiff Eduardo Hernandez filed this action against Defendant Community Auto Service, Inc., for:  C/A 1: Discrimination (FEHA)  C/A 2: Retaliation (FEHA)  C/A 3: Failure to Prevent (FEHA)  C/A 4: Failure to Provide Accommodations (FEHA)  C/A 5: Failure to Engage in Good Faith Interactive Process (FEHA)  C/A 6: Decl...

Excerpt: ...18, Plaintiff Carlos Salazar filed this lemon law action alleging breaches of the implied and express warranties of merchantability under the Song‐Beverly Warranty Act against Defendant General Motors, LLC. The parties settled the case on October 28, 2020 for $20,944.87 to Plaintiff, $51,501.78 to the lienholder of the vehicle, and an agreement that Plaintiff is the prevailing party and is entitled to reasonable attorneys' fees as determined by...

Excerpt: ...7) TENTATIVE RULING The demurrer to the ninth cause of action against Warne is sustained with leave to amend. Discussion A. Procedural History 1. The Madrid Action (BC593925) On September 9, 2015, Plaintiff Carlos Madrid filed a bad faith insurance and negligence action against various defendants. Madrid made a claim against his homeowners' insurance company for damages to the home located at 21092 Jury Ranch Road, Tehachapi, California (the “P...

Excerpt: ...ana Milbes, alleging causes of action for:  C/A 1: Failure to Pay Minimum Wages  C/A 2: Failure to Furnish Wage and Hour Statements  C/A 3: Failure to Maintain Payroll Records  C/A 4: Failure to Provide Meal and Rest Period Compensation  C/A 5: Failure to Pay Wages in a Timely Manner  C/A 6: Failure to Pay Overtime Compensation  C/A 7: Waiting Time Penalties  C/A 8: Unfair Competition Plaintiff claims that Milbes was Plain...

Excerpt: ... Consultancy Services, Inc. Plaintiff is an employee recruitment and job placement agency that facilitates the immigration process for nurses, caregivers, and other workers. Defendant Daguimol was an exclusive agent and representative working for Plaintiff and was recruiting approximately 100 clients for Plaintiffs for five years. Plaintiff paid Daguimol a fixed amount of money for each recruited client. In May 2019 Daguimol stopped recruiting cl...

Excerpt: ...esolve any standing issues. The motion to strike is moot. DISCUSSION On March 19, 2021, Plaintiff Mercenia Tucker, through her power of attorney, Melvin Tucker, filed this action against Defendant Harold Tucker [1] for: C/A 1: Quiet Title C/A 2: Cancellation of Instruments C/A 3: Constructive Trust C/A 4: Fraud C/A 5: Financial Elder Abuse Mercenia is the mother of Melvin Tucker, Harold Tucker and Betty Jean Tucker. On March 30, 1996, Mercenia, a...

Excerpt: ...denied. Discussion On or about May 19, 2020 Plaintiff Hackler Daghighian Martino & Novak, P.C., filed this action against Defendants Knight Law Group and Steve Borislav Mikhov, alleging the following causes of action: C/A 1: Breach of Written Contract C/A 2: Breach of Oral Contract C/A 3: Breach of Implied‐in‐Fact Contract C/A 4: Declaratory Relief C/A 5: Fraud—Fraudulent Concealment, Fraud in Performance of Contract C/A 6: False Promise C/...

Excerpt: ...and Present Demurrer Defendants Sybil M. Flom, Noah N. Flom, and Maple & Vail LLC (collectively, “Defendants”) have filed the present Demurrer as to Plaintiff's First Amended Complaint. This is the second Demurrer filed by Defendants. On November 25, 2020, Defendants filed an initial Demurrer to Plaintiff's Complaint. Defendants' Demurrer challenged the sufficiency of Plaintiff's second, third, fourth, fifth, and sixth causes of action. Plain...

Excerpt: ...based on a breach of a commercial lease agreement. Plaintiff alleges that Defendants were served with a 3‐day notice to pay rent or quit and a 3 day notice to perform covenants or quit. The notices stated that the notice would expire on March 25, 2021 and included an election of forfeiture. Plaintiff requests possession of the premises, past rent due of $63,148,40, reasonable attorneys' fees, and the fair rental value of the premises at a rate ...

Excerpt: ...ubrey Lang and Idle 2 Idol, LLC, alleging causes of action for (1) deceit and (2) breach of oral contract. In fall of 2020, Plaintiff purchased a package promoted by defendants called “Elite Website Design Package,” which was designed to promote plaintiff's products and services, including training (gym, online, coaching, schools), meal/workout/how to programs, products, blogs, YouTube channel, Wisdom content, and business coaching among othe...

Excerpt: ... legal malpractice. On June 8, 2017, Plaintiff was involved in an automobile collision with a driver named Roy Erikson. Plaintiff alleges that the accident was caused by Erickson's negligence, that is caused Plaintiff to sustain personal injuries as well as a loss of earnings (which she continues to sustain). Plaintiff retained Defendant to represent her on July 19, 2017 for her injuries related to this collision. The last date to file a claim ar...

Excerpt: ...mplies with the rules. Given that the court is inclined to grant Plaintiffs 'further request for leave to amend, the parties should consider stipulating to Plaintiffs 'filing a first amended complaint. DISCUSSION A. Complaint On July 8, 2020, Plaintiffs Johnny Truong and Keith Piontkowski filed this action against Defendants Claudia Choi and Benjamin Adrian for: C/A 1: Declaratory Relief C/A 2: Quiet Title to Prescriptive Easement C/A 3: Quiet Ti...

Excerpt: ...TATIVE RULING The motion by West 3 rd Street to set aside entry of default is granted. The demurer by Altman Apartments as to the first, second, third, fourth, fifth, sixth, seventh, and ninths causes of action are sustained with leave to amend. The motion to strike is granted with leave to amend as to paragraph 159 and item 4 of the prayer for relief on page 31 of the complaint. The motion is moot as to all other paragraphs in the complaint. DIS...

Excerpt: ...mirano (son) and all other persons unknown claiming any legal or equitable right, tittle, estate, lien, or interest in certain real property, alleging the following causes of action: C/A 1: Quiet Title C/A 2: Promissory Estoppel C/A 3: Promissory Fraud C/A 4: Constructive Fraud C/A 5: Breach of Fiduciary Duty C/A 6: Unjust Enrichment C/A 7: Constructive and/or Resulting Trust C/A 8: Equitable Mortgage C/A 9: Declaratory Relief This is a real prop...

Excerpt: ...e to amend. The demurrer is sustained as to the third and fourth causes of action without leave to amend. The court notes that, despite the court's prior rulings and instructions regarding why Plaintiff 's allegations were previously deficient, Plaintiff minimally amended Plaintiff's allegations in the FAC, without addressing all of the substance of the court's prior ruling. The court admonishes Plaintiff that the court is not inclined to grant f...

Excerpt: ...s, the court grants the motion to strike without leave to amend, but only as against the District and Pierce only. Discussion On February 19, 2020, Plaintiff Latice Gustavis filed this action against Defendants Los Angeles Community College District, Pierce College, Brittany Grice, Earic Peters, and Kalynda McClean alleging discrimination and other violations of the Fair Employment and Housing Act (“FEHA”). Plaintiff filed a first amended com...

Excerpt: ...6, 2020, Defendant Hallmark Specialty Insurance Company filed a memorandum of costs. On November 13, 2020, Plaintiff filed a motion to tax the following costs:  Item 5 (Subpoena Process Server Fees): Plaintiff requests that $570.60 should be taxed because the deposition of the third‐party was not reasonable.  Item 1 (Motion for Summary Judgment Fee): Plaintiff requests that $513.75 should be taxed because Defendant can recover that fee fr...

Excerpt: ...that the parties entered into a truck lease agreement on January 2015, in which Plaintiff leased certain vehicles to Defendant. Pursuant to the lease agreement, Defendant was required to make certain payments. As if July 8, 2019, Defendant owed a debt of $13,040.73. (Complaint, Ex. 2). Plaintiff gave Defendant notice of default of the lease on June 21, 2019 and asked that Defendant cure that default. On July 8, 2019, Plaintiff advised Defendant t...

Excerpt: ...quests, within twenty days of this order. The court, therefore, imposes sanctions in the amount of $425 against Plaintiff and Plaintiff's counsel, jointly and severally. Discussion Complaint On April 30, 2020 Plaintiff Elsa Juarez filed this action against Sears Holding Corporation (“Sears”) for causes of action stemming from a slip and fall at Sears on February 2, 2019. Plaintiff alleges the following causes of action: C/A 1: Negligence C/A ...

Excerpt: ...ney) filed this lawsuit against Toyota Motor Sales U.S.A. Inc. (erroneously sued as “Toyota Motor Corporation, Inc. aka Toyota Motor Sales Corporation”) for claims arising from her leased 2010 Lexus HS250h. On August 1, 2010 Plaintiff entered a 48‐month lease for the vehicle. During the lease period, the vehicle manifested a defect that caused the vehicle to stop, ceased to function, and became incapable of being started and driven. Plainti...

Excerpt: ...ff Maria Del Carmen Leon Marquez filed this action on August 28, 2019. In the operative first amended complaint, Plaintiff alleges causes of action for: C/A 1: Fraud C/A 2: Breach of Contract C/A 3: Common Counts against Defendant Foodco West, LLC, dba Café Brentwood, dba Brentwood Restaurant and Lounge, dba the Rooster, dba Red Rooster Bakery dba Marvin dba Cora's Coffee Shoppe dba Capo. Plaintiff alleges that around October 2018, Plaintiff and...