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