Excerpt: ...ion arises from an employment dispute. On December 30, 2022, Plaintiff Phillip Ri (Plaintiff) filed a complaint against Defendant City of Los Angeles (Defendant). The complaint alleges the following causes of action: disability harassment; disability discrimination; retaliation in violation of FEHA; and failure to prevent harassment, discrimination, and retaliation. On August 8, 2023, Plaintiff filed this motion for leave to file a first amended ...

Excerpt: ...fendant). In their complaint, Plaintiffs allege various violations of the Labor Code. On June 9, 2023, Defendant filed this motion to compel arbitration. DISCUSSION The parties dispute the extent to which the arbitration agreement's Private Attorneys General Act (PAGA) waiver is enforceable. The agreement provides as follows: “By signing this agreement, you waive your right to commence, or be a party to, any class, representative, or collective...

Excerpt: ... others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On July 28, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sara Habib, and Stephanie Habib (Plaintiffs) filed a first amended complaint (FAC). On August 29, 2023, Defendant filed this motion to strike portions of the FAC. LEGAL STANDARD A court may strike any “¿irrelevant, false ...

Excerpt: ...n for strict liability and negligence. On May 21, 2020, the successor in interest of Mark D. Croce and his surviving children (Croce Plaintiffs) filed a complaint against Defendant. The complaint alleges strict product liability, breach of warranties, and negligence. On July 24, 2020, the court found these cases related. On October 27, 2022, the Capriotto Plaintiffs filed a first amended complaint, as did the Croce Plaintiffs. On November 22, 202...

Excerpt: ...ss warranty, breach of implied warranty of non- infringement, intentional misrepresentation, and indemnity. On August 23, 2023, Plaintiff filed a motion for leave to amend the complaint to add a cause of action for theft arising from the same underlying transaction as the existing causes of action. Trial is set for November 27, 2023. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance o...

Excerpt: ...This action arises from a contractual dispute. On June 23, 2021, Plaintiff LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant Mistry Engineering) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” On February 28, 2022, Defendant Mistry Engineering filed a cross-complaint against the following: Windsor Consulting Services Group...

Excerpt: ...33.420 to recover the attorney's fees and costs it incurred in needing to prove matters that Plaintiff purportedly wrongfully denied in response to the RFAs. Section 2033.420 states in pertinent part, “If a party fails to admit . . . the truth of any matter . . . and if the party requesting that admission thereafter proves . . . the truth of that matter, the party requesting the admission may move the court for an order requiring the party to w...

Excerpt: ...ty. Unbeknownst to Defendants, Plaintiff filed a first amended complaint on October 6, 2022. On October 18, 2022, Defendants filed a first amended cross-complaint based on Plaintiff's original complaint. On November 18, 2022, Defendants filed this motion for leave to file a second amended cross-complaint. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on any terms a...

Excerpt: ... Plaintiff filed a first amended complaint. In the complaint, Plaintiff alleged causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing. On March 17, 2023, Plaintiff filed this motion for summary judgment or, in the alternative, summary adjudication. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any materi...

Excerpt: ...irez (Plaintiff) filed a complaint against Defendants Inspired Dining Group, Inc. and Randy Doten (Defendants). In the complaint, Plaintiff alleged the following causes of action: failure to pay overtime wages, failure to pay minimum wages, failure to provide meal periods, wage statement violations, failure to pay due wages at termination, violations of the Labor Code, and violation of Business and Professions Code section 17200, et seq. On Decem...

Excerpt: ... court days […] before the hearing.”].) BACKGROUND This action arises from a dispute over alleged embezzlement. On December 8, 2020, Dahada Service America, Inc. (Dahada) filed a complaint against Min Chul Jeon and others. In the complaint, Dahada alleged breach of fiduciary duty, aiding and abetting breaches of fiduciary duty, conversion, fraudulent transfer, “unjust enrichment,” constructive fraud, various RICO violations, and declarato...

Excerpt: ...ively “Equity”). In the complaint, Fox and others allege negligence, negligence per se, and various violations of Los Angeles County ordinances. On July 2, 2021, Equity filed a cross-complaint against Fox and others. In the cross- complaint, Equity's first cause of action for breach of contract applies to Joyce Eisman alone. Equity's following causes of action apply to Fox and others: (2) equitable indemnity, (3) implied indemnity, and (4) de...

Excerpt: ...he following causes of action: discrimination; harassment; retaliation; failure to prevent discrimination, harassment, and retaliation; declaratory judgment; wrongful termination in violation of public policy; failure to pay wages; failure to provide meal and rest periods; failure to provide wage and hour statements; waiting time penalties; and unfair competition. On February 16, 2023, Defendants filed this motion to compel arbitration. DISCUSSIO...

Excerpt: ...062 – which had been dismissed in July 2014. Three years later in 2018, Plaintiff filed against Defendant a second lawsuit which is the lawsuit pending before this court. In November 2022, Plaintiff moved to enforce in this second lawsuit the first lawsuit's purported settlement agreement. LEGAL STANDARD “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court...

Excerpt: ... grants the motion to compel deposition and request for sanctions because Defendant Jorge Rodriguez (Defendant) has not cooperated with Plaintiff Carlos Montes (Plaintiff) in scheduling a deposition. BACKGROUND This action arises from a dispute over alleged physical and defamatory attacks. On November 13, 2020, Plaintiff filed a complaint against Defendant. On March 18, 2021, Plaintiff noticed the deposition of Defendant to take place on May 3, 2...

Excerpt: ...filed a proof of service, which claimed Defendant was served with the first amended complaint, summons, and other documents via substituted service. On January 20, 2021, default was entered against Defendant. On April 16, 2021, default judgment was entered against Defendant. On July 18, 2023, Defendant filed this motion to set aside entry of default and vacate judgment. DISCUSSION Defendant argues the court should set aside the default judgment b...

Excerpt: ...with an August 17, 2022, production date. Seventy-one days later on October 27, 2022, Plaintiff filed this motion to compel compliance with the subpoena. DISCUSSION The court denies Plaintiff's motion to compel the deposition because it is untimely. The production date for the subpoena was August 17, 2022. (Cunningham Decl., ¶ 3; Ex. B.) Non- party neither objected to the subpoena nor produced any documents. Under Code of Civil Procedure section...

Excerpt: ...nia, Inc. Plaintiff's complaint alleges medical negligence against all defendants. Plaintiff also alleges lack of informed consent against Christopher G. Goring and Jamie Taylor. On March 2, 2023, Defendant Verity Health System of California, Inc. filed this motion for summary judgment. LEGAL STANDARD “¿[A] motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and t...

Excerpt: ...ant filed this demurrer. DISCUSSION Breach of Contract The elements for breach of contract include the defendant's breach. (Lortz v. Connell (1969) 273 Cal.App.2d 286, 290.) Defendant correctly notes Plaintiff has not identified the contractual term that Defendant's employee allegedly breached. The court thus sustains the demurrer to the breach of contract cause of action with leave to amend. Defamation Defendant correctly notes that Plaintiff ha...

Excerpt: ... complaint, Plaintiff alleged the following causes of action: breach of warranty of habitability, breach of covenant of quiet enjoyment, negligence, breach of contract, nuisance, and unfair competition. On August 31, 2022, Defendant propounded discovery on Plaintiff, which included the requests for production (RFPs) at issue. To date, Defendant has received no responses from Plaintiff. On October 17, 2022, Defendant filed this motion to compel di...

Excerpt: ...(Defendant) and Lucile Packard Children's Hospital Stanford (Co-Defendant). On January 17, 2020, Plaintiff filed a first amended complaint (FAC). With leave of the court, Plaintiff filed a second amended complaint (SAC) on May 5, 2023. In the SAC, Plaintiff alleges (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) intentional misrepresentation, (5) negligent misrepresentation,...

Excerpt: ...abricare Supply, Inc., Univar Solutions, USA, Inc., A.L. Wilson Chemical Company (Defendants) and others. In the complaint, Decedent and Loris Attia alleged negligence, strict liability, fraudulent concealment, breach of implied warranties, and loss of consortium. On March 24, 2023, Plaintiffs Loris Attia, Jennifer Habib, Sarah Habib, and Stephanie Habib (Plaintiffs) filed this motion for leave to amend their complaint. LEGAL STANDARD Under Code ...

Excerpt: ...ter, Rob Ross, Daniel Storm, Ruby Tse, and Bernabe Zepeda (Plaintiffs) filed a complaint against Defendants Sports Media Services, LLC and Gary Hartley (Defendants) and others. On September 26, 2022, Plaintiffs filed a first amended complaint. In the complaint, Plaintiffs allege age discrimination, wrongful termination, fraud, defamation, and intentional infliction of emotional distress. On February 14, 2023, Defendants filed their demurrer. LEGA...

Excerpt: ...Martinez (Defendants). On September 18, 2020, Plaintiff filed a first amended complaint. On November 23, 2020, Defendants filed an answer. On February 23, 2022, Plaintiff filed a second amended complaint after the court granted her motion to amend. On June 30, 2023, Defendants filed this motion to amend their answer. LEGAL STANDARD Under Code of Civil Procedure section 473, subdivision (a)(1), “[t]he court may, in furtherance of justice, and on...

Excerpt: ...for breach of contract. On March 3, 2023, Plaintiff's counsel filed this motion for attorney's fees. DISCUSSION Attorney Fees Under Civil Code Section 1717. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be that party prevailing on the c...

Excerpt: ...15, 2022, Defendant filed a motion to deem Plaintiff a vexatious litigant. On December 1, 2022, Plaintiff requested that the court dismiss this case without prejudice. On December 6, 2022, dismissal was entered. On July 13, 2023, Plaintiff filed his opposition. LEGAL STANDARD Under Code of Civil Procedure section 391, subdivision (b)(1), a vexatious litigant refers to a person who does the following: “In the immediately preceding seven-year per...

Excerpt: ...ortions of Plaintiffs' Complaint. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over an alleged battery at a grocery store. On January 19, 2023, Plaintiff Leon Jones (Defendant) filed a complaint against Defendant Vons Companies, Inc. (erroneously sued as Albertson's Inc.) (Defendant). In the complaint, Plaintiff alleges assault, battery, intentional infliction of emotional distress, n...

Excerpt: ...laintiff Jose Martinez Motion to Compel Arbitration and Stay Proceedings. The court considered the moving papers, opposition, and reply in connection with this motion. BACKGROUND This action arises from an employment dispute. On August 10, 2022, Plaintiff Jose Martinez (Plaintiff) filed a complaint against Designed Metal Connections, Inc. (Defendant). In the complaint, Plaintiff alleged causes of action for discrimination, failure to prevent disc...

Excerpt: ...otors America, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over a 2017 Optima Hybrid. On August 10, 2018, Plaintiffs Rene Barahona and Karina L Portillo (Plaintiffs) filed a complaint against Defendant Kia Motors America, Inc. In the complaint, Plaintiffs alleged various causes of action under the Song-Beverly Act. The parties settled in Octob...

Excerpt: ...tion to Strike Portions of Plaintiffs' Complaint. The court considered the moving papers. Plaintiff has not filed a timely opposition. BACKGROUND This action arises from a property dispute. On November 10, 2022, Plaintiff Queen Williams (Plaintiff) filed a complaint against Defendant Corey Flournoy Williams (Defendant). In the complaint, Plaintiff alleges the following causes of action: (1) financial elder abuse, (2) conversion, (3) unjust enrich...

Excerpt: ..., Christina Development Corporation RESPONDING PARTY: Plaintiff Jane Doe Motion for Summary Judgment or, in the alternative, Summary Adjudication The court considered the moving papers, opposition, and reply in connection with this motion. BACKGROUND This action arises from a dispute between a landlord and a tenant. On October 15, 2021, Plaintiff Jane Doe filed a complaint against Defendants Empire View Homes, LLC and CREI Manager, LLC. On July 5...

Excerpt: ...uthern California Healthcare System, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from an employment dispute. On May 14, 2020, Plaintiff Paul Edward Martignetti (Plaintiff) filed a complaint against Defendant Southern California Healthcare System, Inc. (Defendant). In the complaint, Plaintiff alleged disability discrimination, failure to provide reasonable ac...

Excerpt: ...endant General Motors, LLC Motion to Compel Further Responses to Requests for Production of Documents, Set One. The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from a dispute over a defective 2019 Chevrolet Silverado 1500. On July 12, 2022, Plaintiff Roberto Torres (Plaintiff) filed a complaint against Defendant General Motors, LLC (Defendant). In the complai...

Excerpt: ...eering, Inc. Motion to Enforce Settlement. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a contractual dispute. On June, 23, 2021, Plaintiff The LAAC Corp. (Plaintiff) filed a complaint against Mistry Engineering, Inc. (Defendant) and others. In the complaint, Plaintiff alleged the following causes of action: breach of contract, negligence, and “indemnification.” In April 2023, the parties s...

Excerpt: ...endant Hyundai Motor America Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. The court denies Plaintiff's request for judicial notice. The court sustains Defendant's Evidentiary Objection #1 in full. The court sustains Objection #2 as to trial court orders in other matters and unpublished decisions. BACKGROUND This action arises from a dispute over a 2012 Hyundai Elantra. On January 14, 2021, Pla...

Excerpt: ...UND This action arises from an employment dispute. On July 7, 2021, Plaintiff Courtney Patterson filed a complaint against Defendant PIH Health Downey Hospital (Defendant). In the complaint, Plaintiff alleged causes of action for “workplace disparate treatment,” retaliation, failure to prevent retaliation, and wrongful termination. On April 12, 2023, Defendant filed this motion to file exhibits under seal. On June 23, 2023, Plaintiff filed a ...

Excerpt: ...endant Westlake Investment Properties, LLC RESPONDING PARTY: Plaintiff Antonio Chox Tziquin Motion to Compel Discovery Responses and Request for Sanctions. The court considered the moving papers. No opposition was filed. BACKGROUND This action arises from a dispute between a landlord and tenants. On February 14, 2022, twenty-four Plaintiffs filed a complaint against Defendant Westlake Investment Properties, LLC (Defendant). In the complaint, Plai...

Excerpt: ... and Aliza Hawkins Motion for Leave to Amend Complaint. The court considered the moving papers. No opposition was filed. BACKGROUND This action arises from a contractual dispute. On November 19, 2021, Plaintiffs James and Aliza Hawkins (Plaintiffs) filed a complaint against home remodeler Robert Fonseca (Co-Defendant) and subcontractor Defendant Ricardo Hernandez. In the complaint, Plaintiffs alleged causes of action for action of surety bond, br...

Excerpt: ...e court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from a landlord/tenant dispute. On October 15, 2021, Plaintiff Jane Doe (Plaintiff) filed a complaint against Defendant Empire View Homes, LLC (Defendant). In the complaint, Plaintiff alleges breach of contract, breach of implied warranty of habitability, breach of implied warranty of quiet enjoyment, negligence, ...

Excerpt: ...ors America, Inc. Motion for Attorney Fees and Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over a 2017 Optima Hybrid. On August 10, 2018, Plaintiffs Rene Barahona and Karina L Portillo (Plaintiffs) filed a complaint against Defendant Kia Motors America, Inc. In the complaint, Plaintiffs alleged various causes of action under the Song-Beverly Act. The parties settled in October...

Excerpt: ...ant Astro Aluminum Treating Co., Inc. Motion to Vacate Joint Stipulation and Order to Stay Case Pending Arbitration. The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from an employment dispute. On November 4, 2020, Plaintiff Jayson Toquia Fama (Plaintiff) filed a complaint against Defendant Astro Aluminum Treating Co., Inc. (Defendant). In the complaint, Plain...

Excerpt: ...Storage, LLC. RESPONDING PARTY: Plaintiff Diego Francisco-Andreas Motion to Compel Arbitration and Stay Proceedings. The court considered the moving papers, opposition, and reply in connection with this motion. BACKGROUND This action arises from an employment dispute. On February 23, 2022, Plaintiff Diego Francisco-Andreas (Plaintiff) filed a complaint against Defendants Avalon Cold Storage, LLC and IStaffing, Inc. (Defendants). In the complaint,...

Excerpt: ...G PARTIES: Plaintiff Ernest J. Franceschi Jr. RESPONDING PARTY: Defendant Christopher Baldwin Motion to Compel Defendant's Consent the Release of Emails Requested in Subpoena to Third-Party. The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This action arises from a dispute between Plaintiff attorney Ernest J. Franceschi (Plaintiff) and his former client Defendant Christopher Bal...

Excerpt: ...Costs. The court considered the moving papers, opposition, and reply. BACKGROUND This action arises from a dispute over a defective 2020 Jeep Wrangler. On May 25, 2021, Plaintiff Yuriy Illarionov (Plaintiff) filed a complaint against Defendant FCA US, LLC (Defendant). Plaintiff alleged breach of written and implied warrantes under the Song-Beverly Act. The parties settled on November 23, 2022. On May 10, 2023, Plaintiff filed this motion for atto...

Excerpt: ...ceedings The court considered the moving papers, opposition, and reply. The court also considered the parties' supplemental briefs. BACKGROUND This dispute arises from an allegedly 2018 Nissan Kicks. Plaintiffs Miriam and Adrian Camacho (Plaintiffs) purchased the car from Raceway Nissan (Dealership). The parties entered a retail installment sales contract: which included an arbitration agreement. On April 27 2022, Plaintiffs filed this lawsuit, a...

Excerpt: ...Strike Portions of Plaintiffs Complaint The court considered the moving papers, opposition: and reply papers filed in connection with this motion. BACKGROUND This action arises from allegedly defamatory statements posted about Plaintiff Kyle Todd (PlaintifO on his intemet business profile. Plaintiff and Defendant Laura Semrno (Defendant) are in the midst of a custody dispute. On November 6, 2020, Defendant allegedly posted on Plaintiffs online bu...

Excerpt: ...ROUND In September 2022: Plaintiff Denise Birtch (Plaintiff) filed a complaint against Defendant Specialized Loan Servicing, LLC (Defendant) and others. In her Complaint, Plaintiff alleges one cause of action for identity theft based on her forged signature On March 9, 2023, Defendant filed this demurrer. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside th...

Excerpt: ...sts for Production of Documents. The court considered the moving papers, opposition: and reply papers filed in connection with this motion. BACKGROUND This action arises from a dispute over a 2019 Honda CR-V (Subject Vehicle). On August 12: 2022: Plaintiff Norman Orozco (Plaintim filed a complaint against Defendant America Honda Motor Coz Inc. (Defendant) _ In the complaint, Plaintiff alleges breach of implied warranty of merchantability and brea...

Excerpt: ... court considered the moving papers, opposition: and reply in connection with this BACKGROUND This action arises from a dispute alleged embezzlement. On December S, 2020, Plaintiff Dahada Service America: Inc. filed a complaint against Defendant Min Chul Jeon (Defendant) and others. In the complaint, Plaintiff alleged causes of action for breaches of fiduciary duty, comersion, fraudulent transfer, fraudulent business practices, unjust enrichment,...

Excerpt: ...ng papers, opposition: and reply BACKGROUND This matter arises from an employment dispute. PlaintiffLaF011ette Marquis Henderson IV (PlaintifO filed his complaint on March 16: 2021: alleging multiple causes of action under the Fair Employment and Housing Act (FEHA)_ On August 1 : 2022: Defendant Prime Comms_ Retail, LLC (Defendant) filed a motion to compel arbitration. On December 16, 2022, there was a remote hearing on the motion to compel arbit...

Excerpt: ...urt considered the moving papers, opposition: and reply DEFENDANT'S EVIDENTLXRY OBJECTIONS Overruled: 1, 2, 3, 4, 6, 9, 10, 11. Sustained: 7, 8, 12. BACKGROUND This action arises from a dispute over a 2016 Ford Edge. On April 29, 2019, Plaintiff Ivonne Torres (Plaintiff) filed a complaint against Defendants Ford Motor Company, Ted Jones Ford, Inc., and Ken Grody Ford (Defendants). In the complaint, Plaintiff alleged the following causes of action...

Excerpt: ...he moving papers, opposition: and reply BACKGROUND This action arises from an employment dispute. On May 20, 2022, Plaintiff Stephanie Salto (Plaintiff) filed a complaint against Defendants Liberty Global: LLC: Ingenious, LLC, GEs1er Alvizu, Adam Alvardo: and Marc Lelah (Defendants). Plaintiff alleged the following causes of action: discrimination; harassment; retaliation under Fair Employment and Housing Act (FEHA); failure to prevent discrimina...

Excerpt: ...ment. The court considered the moving papers and opposition in connection with this motion. BACKGROUND This action arises from a car accident in which the mother of Plaintiffs Dwayne Inyard and Destiny Inyard (Plaintiffs) died. Non-party Efrain Antonio (Non-party) was responsible for the accident. In 2003, Non-party was sentenced to five years in Califorma state prison. The court ordered a restitution fine but did not enter a defined monetary amo...

Excerpt: ...The court considered the moving papers, opposition: and reply BACKGROUND This action arises from an employment dispute. On May 6: 2020 Plaintiff Rogelio Ramirez (Plaintim filed a complaint against Defendants Inspired Dining Group: Inc. and Randy Doten (Defendants). In the complaint, Plaintiff alleged the following causes of action: failure to pay overtime wages: failure to pay minimum wages, failure to provide meal periods, wage statement violati...

Excerpt: ...the moving papers, opposition: and reply BACKGROUND This action arises from a dispute revolving around Covenants: Conditions, and Restrictions (CCRs In 1981 the Monir Homeouners Association (Defendant) was formed along with applicable CCRs_ According to Plaintiff Anvar Sadeghpour (Plaintiff), the CCRs referred to and incorporated an Exhibit that was not originally attached. The CCRs were then amended to incorporate the Exhibit in 1985 (85 Amendme...

Excerpt: ...sts for Production of Documents, Set One. The court considered the moving papers, opposition: and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Britton and Victoria (Plaintiffs) filed this action on May 31 2022, against Defendant General Motors, LLC. (Defendant). Plaintiffs allege violations of Song- Beverly Consumer Warranty Act arising out of their purchase of a 2016 Cadillac ATC (Subject Vehicle) On August 8: 2022: P...

Excerpt: ...he moving papers, opposition: and reply BACKGROUND This action arises from a dispute a 2017 Optima Hybrid. Plaintiffs Rene Bahahona and Karina Portillo filed this action against Defendant Kia Motors America, Inc. on August 10: 2018 The parties eventually settled. As part of the settlement, Defendant agreed to pay Plaintiffs' reasonable fees, costs and expenses On February 23, 2023 Plaintiffs field a memorandum of costs. On March 15 2023 Defendant...

Excerpt: ...s action arises from a contractual dispute. On March 9, 2021, Plaintiff AGF Group, Inc. (PlaintifO filed a complaint against Defendant Gavin Han (Defendant) and others. In it, Plaintiff alleged causes of action for breach of oral contract: conversion, ' 'claim and delivery," and "declaratory relief. " On May 5: 2022: Defendant served Plaintiff with Requests for Production (RFP) On June 13: 2022, Plaintiff served Defendant with responses, which De...

Excerpt: ...ile Under Seal BACKGROUND This action arises from an employment dispute. On June 8: 2021, Plaintiff Richard Conell (Plaintim filed a complaint against Defendants Transdev Services: Inc., Transdev Nonh America, Inc., and Timothy Grensavitch (Defendants). On August 8: 2022: the court entered a joint stipulation and protective order. February 9: 2023: Defendants filed a motion for summary judgment with exhibits that included documents subject to the...

Excerpt: ... RESPONDING PARTIES: Defendants Paragon Relocation Resources, Inc. and Paragon Global Resources: Inc. Motion to Compel Deposition and Production of Documents and Request for Monetary Sanctions. The court considered the moving papers, opposition: and reply BACKGROUND This action arises from a contract dispute On February S, 2021, Plaintiff Toyota Motor Sales Inc. filed a complaint against Defendants Paragon Relocation Resources, Inc. and Paragon G...

Excerpt: ...Further Responses to Requests for Production of Documents, Set One. The court considered the moving papers, opposition: and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Laura Miller and Scot Gregory Miller filed this action on April 5 2022, against Defendant American Honda Motor, Inc. (Defendant). Plaintiffs alleges violations of Song- Beverly Consumer Warranty Act arising out of their purchase of a 2019 Honda Pilot (S...

Excerpt: ...idered the moving papers, opposition: and reply papers filed in connection with this motion. BACKGROUND This action arises from a dispute a 2018 Ford Escape. On March 9, 2022, Plaintiff James Rees (Plaintiff) filed a complaint against Defendants Ford Motor Company and South Bay Ford, Inc. (Defendants): alleging "violation of Song- Beverly Act: breach of implied warranty or merchantability, negligent repair, and misrepre s entation On May 24: 2022...

Excerpt: ...s BACKGROUND This action arises out of an employment dispute On May 4: 2022: Plaintiff Samuel Tapia (Plaintiff) filed a complaint against Defendant City of Los Angeles (Defendant). In it, Plaintiff alleged failure to prevent discrimination and harassment in violation of the Fair Employment and Housing Act (FEHA), retaliation in Violation of FEHR whistleblower retaliation in violation of Labor Code section 1102 and wrongful termination in violatio...

Excerpt: ...Group, LLC, Charles L. McMillan, Team Investment Group, LLC, Marcus Wilson, and Maria Monjaraz Motion for Issue, Evidence, or Terminating Sanctions. The court considered the moving papers, opposition: and reply in connection with this BACKGROUND This action arises from a dispute between members of a Limited Liability Company _ Plaintiff Soar Real Estate Investors: LLC (Plaintiff) filed its complaint on January 22, 2021 _ In its complaint, Plainti...

Excerpt: ...t/Cross-Complainant Fraser Ross RESPONDING PARTY: Plaintiff Glenn Feldman, individually and derivatively on behalf of Kitross Apparel Los Angeles, LLC (1) Motion to Compel Plaintiff's Further Responses to Form Interrogatories, Set Two (2) Motion to Compel Plaintiff's Further Responses to Special Interrogatories, Set One (3) Motion to Compel Plaintiff's Further Responses to Request for Production of Documents, Set Two (4) Motion to Compel Plaintif...

Excerpt: ...) and states at least two causes of action (2 nd and 3 rd) that do not rest on Defendant's having negligently provided health care services. Accordingly, the court overrules Defendant's general demurrer. Defendant also purports to demur to Plaintiffs' cause of action for an Unruh violation, but the complaint contains no such cause of action. Defendant also demurs to Plaintiffs' cause of action for intentional infliction of emotional distress, but...

Excerpt: ...Inc. RESPONDING PARTY: Plaintiff William Bryan Motion to The court considered the moving papers and opposition filed in connection with this motion. BACKGROUND On March 17, 2021, Plaintiff William Bryan (Plaintiff) filed a complaint against Specially Appearing Defendant Lien Machine, Inc. (SAD) and others. The proofs of service filed by Plaintiff state SAD was personally served on November 28, 2022, with the first amended summons and complaint. H...

Excerpt: ...t FCA US, LLC Motion for Attorney Fees. The court considered the moving papers, opposition, and reply. REQUESTS FOR JUDICIAL NOTICE The court denies Plaintiffs' Request for Judicial Notice as irrelevant. DEFENDANT'S EVIDENTIARY OBJECTIONS Overruled: 1. Sustained: 2, 3, 4. BACKGROUND This dispute arises from a defective car. On May 16, 2019, Plaintiffs Oscar Peralta and Maria D. Ramos Duran (Plaintiffs) bought a car from Defendant FCA US, LLC (Def...

Excerpt: ...ICATION RESERVATION NO. 760382338419 MOVING PARTIES: LENNAR TITLE COMPANY (FORMERLY KNOWN AND SUED AS NORTH AMERICAN TITLE COMPANY) RESPONDING PARTY: NAPEAN CAPITAL GROUP, LLC, et al. Motion for Summary Judgment and/or Summary Adjudication The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND In March 2019, Plaintiff North American Title Insurance Company (“NATIC”) filed a compla...

Excerpt: ... PARTY: Defendant Clyde Williams Motion to Vacate the Dismissal and Enforce the Settlement Agreement The court considered the moving papers. Defendant did not file an opposition. BACKGROUND This case arises from a dispute involving an automobile accident. On May 18, 2017: Defendant Clyde Williams was involved in an automobile accident with Paulina Canales. Afterward: Plaintiff State Fann Mutual Automobile Insurance Company (Plaintiff) paid $26: 1...

Excerpt: ...incoln Transportation Services: Inc. RESPONDING PARTIES: Plaintiffs Brian Mathew Walker and Veronica Walker Motion to Reclassify Matter as Limited Civil Jurisdiction BACKGROUND This action arises from a tractor accident In December 2018, Plaintiff Brian Mathew Walker was driving a tractor and collided with another tractor (Subject Tractor) owned by Lincoln Transport Phoenix, Inc. (Lincoln Phoenix). One of Lincoln Phoenix' s independent contractor...

Excerpt: ...epperdine University's Motion for Summary Judgment, or, in the Alternative, Summary Adjudication. The court considered the moving papers, opposition: and reply pape:rs filed in connection with this motion _ BACKGROUND This action arises out of a termination of employment. Plaintiff Juan Resendez (PlaintifD filed this action on November 1 2021 against Defendant Pepperdine University (Defendant) Plaintiff asserts nine causes of action: (1) Disabili...

Excerpt: ...h ways in which members can be held liable for the debts and obligations of the limited liability company: including alter ego liability: a member: s participation in tonious conduct: and a member explicitly agreeing to personal liability for particular obligations. (Corp. Code: 17703 04(b) (c): (e); CB Richard Ellis, Inc.: supra, 230 CalApp_4th at 411 (citing to Corporations Code S 17703 04(b)-(e) as identifying ways in which members can be held...

Excerpt: ...court considered the moving papers filed in connection with this motion. No opposition has been filed as of March 17, 2023. BACKGROUND On February 8, 2021, Swift Financial, LLC ("Judgment Creditor") filed a petition asking this Court to confirm an arbitration award of $105 271.28 that Judgment Creditor secured against Vanguard International Engineering d/b/a HR Commercial Development and Maty Woeste ("Judgment Debtor). The underlying arbitration ...

Excerpt: ...Management Services, Inc. Plaintiff's Motion to Tax Costs of Defendant ACSC Management Services, Inc. and Interinsurance Exchange of the Automobile Club The court considered the moving papers, opposition, and reply papers filed in connection with these motions. BACKGROUND In January 2020, Plaintiff Nancy Topa (“Plaintiff”) filed this now-dismissed action against Defendants Interinsurance Exchange of the Automobile Club (“Interinsurance”),...

Excerpt: ...Motion for Summary Judgment The court considered the moving papers, opposition, and reply papers filed in connection with this motion. The court denies the motion for summary judgment because a triable issue exists whether non-operational smoke detectors were a substantial factor in causing Plaintiff's burn injuries. BACKGROUND On April 16, 2021, Plaintiff Joyce Eisman (“Plaintiff”) brought this negligence and premises liability action agains...

Excerpt: ...edina Defendant Shift Operation LLC's Motion to Compel Arbitration and Motion to Stay Proceedings The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND On September 23, 2021, Plaintiff Jacquelyn Medina (“Plaintiff”) filed the instant action for permanent injunctive relief and damages for violation of the Consumer Legal Remedies Act against Defendant Shift Operations, LLC (“Defendant�...

Excerpt: ...edina Defendant Shift Operation LLC's Motion to Compel Arbitration and Motion to Stay Proceedings The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND On September 23, 2021, Plaintiff Jacquelyn Medina (“Plaintiff”) filed the instant action for permanent injunctive relief and damages for violation of the Consumer Legal Remedies Act against Defendant Shift Operations, LLC (“Defendant�...

Excerpt: ...urt considered the moving papers, opposition papers, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Hovik Simonian (“Plaintiff”) filed this action on September 7, 2021, against Defendant Mercedes Benz USA, LLC (“Defendant”), alleging the following causes of action: (1) fraud and deceit; (2) breach of written warranty pursuant to the Magnuson-Moss Warranty Act; (3) breach of implied warranty pursuant to the Mag...

Excerpt: ...urt considered the moving papers and opposition filed in connection with this motion. BACKGROUND On September 20, 2019, Plaintiff Tatro Tekosky Sadwick, LLP (“Plaintiff”) filed a complaint asserting causes of action for (1) common counts, (2) intentional misrepresentation, and (3) negligent misrepresentation against, among others, Defendant Douglas Maclean. On January 9, 2023, the Court entered judgment in favor of Maclean (hereinafter referr...

Excerpt: ...EALTHCARE, INC. AND JEAN KIM'S APPLICATION TO FILE CONFIDENTIAL SETTLEMENT DECLARATION OF TIFFANY A LE MELLE, ESQ. UNDER COURT SEAL MOVING PARTIES: Defendants Elim Healthcare, Inc. and Jean Kim RESPONDING PARTY: Plaintiffs Yong Cha Pak, by and through her Successor in Interest, Sun Yong Pak, and Sun Yong Pak Application to File Under Seal The court considered the moving papers in connection with this application. No opposition has been filed. BAC...

Excerpt: ...d Guiding Hands Social Club, LLC Demurrer to Complaint The court considered the moving papers, opposition papers, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Jackson Stoops (“Stoops”) and Guiding Hands Social Club, LLC (“Guiding Hands”) filed this action on August 10, 2020, against Defendants Stephen Wei-Liang Leng (“Stephen”), Jennifer Leng (“Jennifer”), Kristie Do aka Kristie Do-San (“Do”), a...

Excerpt: ... (Further) Responses to Request for Admissions, Set Two The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On August 10, 2020, plaintiff Jackson Stoops (“Stoops”) filed this action. On June 23, 2021, Stoops filed an amended complaint adding Guiding Hands Social Club, LLC, a Nevada Limited Liability Company (“Guiding Hands”), as a plaintiff. On September 15, 2021, Stoops an...

Excerpt: ...otion for Determination of Good Faith Settlement The court considered the moving papers filed in connection with this motion. BACKGROUND This is a habitability action. Plaintiffs consist of 53 individuals, including minors, who are tenants of the residential property located at 676 S. Rampart Blvd, Los Angeles, California 90057. Plaintiffs filed their complaint on April 16, 2021. The operative First Amended Complaint (“FAC”) was filed on Sept...

Excerpt: ...ING PARTIES: Defendant Eddie J. McGee Motion for Leave to File Second Amended Complaint and to Vacate Trial Date The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Sanh Tran filed this action in December 2021. Plaintiff filed his First Amended Complaint (“FAC”) in September 2022 against Defendants Eddie J. McGee and Nationwide Life and Annuity Insurance Company (“N...

Excerpt: ...e Brokers, Inc. RESPONDING PARTY: Plaintiff Ivan Mercado Defendant's Motion for Summary Judgment The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Ivan Mercado's (“Plaintiff”) alleges employment discrimination, retaliation, failure to prevent discrimination and retaliation, and wrongful termination by his former employer, Defendant New Alliance Insurance Brokers, Inc. (“...

Excerpt: ...TO DEEM THE TRUTH OF MATTERS IN REQUEST FOR ADMISSIONS, SET ONE, ADMITTED BY DEFENDANT HSDI MANAGEMENT, INC. AND REQUEST FOR MONETARY SANCTIONS; (3) MOTION TO DEEM THE TRUTH OF MATTERS IN REQUEST FOR ADMISSIONS, SET ONE, ADMITTED BY DEFENDANT STOVALL HOUSING CORP., AND REQUEST FOR MONETARY SANCTIONS MOVING PARTIES: Plaintiff Elizabeth Jiyoun Lee RESPONDING PARTY: N/A (1) Plaintiff Elizabeth Jiyoun Lee's Motion to Compel Defendant Stovall Housing ...

Excerpt: ...lla Development LLC Demurrer The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On November 21, 2022, Plaintiff Bella Development LLC (“Plaintiff”) filed a complaint against Defendants Wonill Kim, Won Kim, Cozy Town Realty LLC, JK Space Investments, Inc. and Does 1 through 20. The complaint stems from an alleged breach of an oral contract agreed upon in September of 2019. (See...

Excerpt: ...otion to Set Aside/Vacate Default The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff filed this action on September 6, 2019 against Defendants R.L.C.S. Inc. and Red Line Courier Service alleging various FEHA claims relating to Plaintiff's employment with Defendants. Defendant R.L.C.S. Inc. (“Defendant”) filed an answer and has been engaged in the litigation process a...

Excerpt: ...ACKGROUND On September 18, 2020, Plaintiff brought this action against Defendant for breach of lease agreement, breach of implied warranty, and failure to return security deposit. On May 18, 2022, Plaintiff filed a request for dismissal of the action. The court dismissed the case on May 20, 2022. That same day, Defendant filed a memorandum of costs requesting $2,633.25 in total costs. On June 8, 2022, Plaintiff filed a motion to tax costs. LEGAL ...

Excerpt: ...acate Default The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff filed this action on March 2, 2020 alleging that Defendant misled Plaintiff when Plaintiff leased Defendant's property at 2604 Devista Pl., Los Angeles, CA 90046. On September 10, 2020, the court granted Plaintiff's application to serve Defendant by publication in the Los Angeles Daily Journal. On October 1...

Excerpt: ...mended Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Juan Resendez (“Plaintiff”) filed this wrongful termination action on November 1, 2021 against Defendant Pepperdine University (“Defendant”). Plaintiff now moves for leave to file a First Amended Complaint to add class action allegations and a cause of action for unfair competition. Defendant opp...

Excerpt: ...enin Home Fashion, Inc., Jenin Home Furnishing, Inc., and Eyad Jebarah RESPONDING PARTY: Plaintiff Elias Barrera Motion To Strike Plaintiff's Disability Related Claims Under Code of Civil Procedure § 128.7 and for Sanctions in the Amount of $13,734.60 The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Elias Barrera filed this action on March 11, 2020 against Defendants ...

Excerpt: ... ORDER AWARDING MONETARY SANCTIONS AGAINST DEFENDANT DEVON SPIERLING AND DEFENSE COUNSEL IN THE SUM OF $960; PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEVON SPIERLING'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES, SET ONE, AND MONETARY SANCTIONS AGAINST DEFENDANTS AND DEFENSE COUNSEL IN THE SUM OF $960; PLAINTIFF'S MOTION TO DEEM THE TRUTH OF MATTER SPECIFIED IN REQUEST FOR ADMISSIONS, SET # 2 (PROPOUNDED UPON DEFENDANT THE RESERVE LOUNGE, LLC) AN...

Excerpt: ... Defendant City of Baldwin Park Motions to Compel Defendant City of Baldwin Park to Provide Responses to: Request for Admission and Form Interrogatories General (Set Two), Request for Production of Documents (Set Three), and Special Interrogatories (Set Four) The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On May 8, 2020, Plaintiff Suzanne Ruelas (“Plaintiff”) commenced thi...

Excerpt: ...ON PROCEEDINGS MOVING PARTIES: Defendants Acadia Healthcare Company, Inc. d/b/a Pacific Grove Hospital and Vista Behavioral Hospital, LLC RESPONDING PARTY: Plaintiff Maria Neill Motion to Compel Arbitration and Stay Litigation Pending Arbitration Proceedings The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On March 8, 2022, Plaintiff Maria Neill filed this wrongful termination a...

Excerpt: ...Signal Restoration West LLC's Motion for Good Faith Settlement The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This is a landlord-tenant dispute. On November 2, 2021, Stephen Fischer (“Plaintiff”) initiated this action against ERP Operating Limited Partnership (“ERP”), Equity Residential Management, LLC, (“Equity”), and Signal Restoration West, LLC (“Signal”) (c...

Excerpt: ... Laurie Gorham, Dana Trenter, and Darren Kaplan, as Co-Trustees of the Steven L. Kaplan Trust Motion to Quash Service of Summons and Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On July 23, 2022, Plaintiffs Laurie Gorham, Dana Trenter, and Darren Kaplan, as Co-Trustees of the Steven L. Kaplan Trust (“Plaintiffs”) filed a complaint against Defendants Yuchu Chian...

Excerpt: ...t considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On December 1, 2020, Plaintiff Community Attire, Inc. (“Plaintiff”) filed a complaint against Defendants Urban Fitz, Inc. and David Yadidsion (“Defendants”), asserting causes of action for (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of non-infringement; (4) intentional misrepresentation; ...

Excerpt: ...IES: PLAINTIFF EXITE GROUP, INC. dba BELLA PIERRE COSMETICS RESPONDING PARTY: DEFENDANT JIN YOUNG KIM Motion for Turnover in Aid of Execution by Exite Group, Inc. dba Bella Pierre Cosmetics. Having considered Plaintiff's unopposed motion, the Court rules as follows. BACKGROUND On January 21, 2019, Exite Group, Inc. dba Bella Pierre Cosmetics (“Plaintiff”) filed a complaint. On October 16, 2020, Judgement was entered in favor of Plaintiff and ...