Excerpt: ...use of action without 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 act ion against Saratoga, Defendant John Leon, Defendant Frank Mac...

Excerpt: ...IONS OR FEE AWARD; AND (4) FOR RELATED RELIEF (filed 5/11/2024) TENTATIVE RULING Plaintiff's Motion for (1) Preliminary Injunction for Turnover of Client Files ; (2) Alternatively, for Order to Provide Information Needed for a Writ of Possession; (3) Request for Money Sanctions or Fee Award; and (4) for Related Relief is DENIED. I. BACKGROUND On January 4, 2022, Plaintiff John Risk, individually and as Trustee of the Anne Risk Trust, filed the in...

Excerpt: ...e fourth cause of action without 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 act ion against Saratoga, Defendant John Leon, Defendan...

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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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...