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: ...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...