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: ...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...