Excerpt: ...go. The Demurrer is OVERRULED with respect to Defendant Structured Asset Mortgage Investment II Trust 2007-AR7, Inc. Defendants Wilmington Trust and Wells Fargo are to submit a proposed judgment within 10 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for wrongful foreclosure. Plaintiff alleges t...

Excerpt: ...HAT PLAINTIFF SERPOUHIE SARKISSIAN LACKS STANDIN G TO PURSUE HER CAUSES OF ACTION Defendants' motion in limine no. 7 is DENIED. Moving party to provide notice. DISCUSSION Defendants move the Court for an order in limine to (1) preclude the presentation by Plaintiffs of any and all evidence, testimony, and argument that they suffered pecuniary harm based upon the loss of revenues of CVC, and that (2) Plaintiff S. Sarkissian lacks standing to asser...

Excerpt: ...eo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amounts owed under the lease in the amount...

Excerpt: ...s will be granted once Defendants pay the outstanding four filing fees. The additional filing fees must be paid prior to the hearing. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, violations of the labor code, wrongful termination, and failure to reimburse business expenses. Plaintiff Terric Townsend alleges that during his employment as a recruiter with Defendants, Defendants denied his request ...

Excerpt: ...llows. Plaintiff 608 Mateo, LLC (Mateo), as lessor, and Defendants Arts District Patient Collective, Inc. (ADPC) and James Shaw (Shaw), as lessees, entered into a lease on April 4, 2018, for the Subject Premises. (Compl. ¶ 11.) On June 14, 2018, the lease was amended pursuant to a second Amendment to Lease. (Compl. ¶ 12.) Plaintiff performed its obligations under the lease, but Defendants breached the lease and have failed to pay various amount...

Excerpt: ...ect to the four requests, Defendant responded as follows: “Defendant does not have any documents to produce.” In response to a request for production, a responding party has three options. First, the party may respond that they will comply. Second, the party may represent that they lack the ability to comply. Third, the party may object to the request. (CCP Secti on 2031.210(a)(1)-(3).) If a party picks the second option, they must affirm tha...

Excerpt: ...amages Awarded $8,000 Costs $504 Attorney Fees Awarded $570 Total $9,074 This is an action for violations of the Unruh Civil Rights Act. Plaintiff alleges that he is blind and was denied the full use and enjoyment of Defendant's website due to accessibility barriers on the website. These barriers deterred Plaintiff from visitin g Defendant's restaurant. 10/13/2023 Default Entered 4/12/2024 Doe Dismissal Entered Analysis: Items 4 -6 of form CIV -1...

Excerpt: ...Sorum is DENIED as to compensatory damages and GRANTED as to punitive damages. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA, retaliation, wrongful termination, intentional infliction of emotional distress, and Labor Code violations. Plaintiff alleges she was employed by Regus Management Group, LLC between January 2018 and December 20 19. Plaintiff alleges that members of Defendants' executive tea...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of contract related to renovation defects. The Complaint alleges as follows: Plaintiff Daniel Chu (“Plaintiff”) purchased a home (the “Subject Property”) from Defendant GRCA2 (“GRCA2”) in 2014 pursuant to a Residential Purchase Agreement (“RPA”). (Compl. ¶ 9.) GRCA2 and Defendant Gerry Wiener (“Wiener” and together with GRCA2, “Movants”) assured Plaintiff that the work done...

Excerpt: ... Jovontay Williams is dismissed without prejudice from the First Amended Complaint. Plaintiff Williams never filed or signed the pro per complaint. The Demurrers filed by Defendants Burton and Pension Plan are SUSTAINED without leave to amend. The OSCs are discharged. The Court sets an OSC Re: Imposition of Sanctions for Failure to Timely Request Entry of Default as to Defendants Funding Rush, Inc., Asset Default Management, Inc. and Lil Wave Fin...

Excerpt: ...Cross- Complaint. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is a motion for summary adjudication on the Cross -Complaint filed by Cross -Complainant Commercial Loan Servicing, LLC (CLS) against Defendants Lawrence Feigen (Feigen), Jeffrey Ahlholm (Alholm), and SA Hospital Real Estate Holdings -Jefferson, LLC (SA Hospital). CLS brought causes of action for breach of contract, breach of guar...

Excerpt: ...ponses previously served within 15 days after the date of this order. In the event that verified versions of the responses previously served are not served within 21 days after the date of this order, Defendant's objections are waived and Defendant must then serve verified responses without objections within 10 days after th e 21 day deadline has passed. Plaintiff's requests for sanctions are GRANTED in the amount of $2,384.95 jointly and several...

Excerpt: ...action for violations of the Labor Code, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendants failed to pay him an hourly wage, only paid him a stipend, and failed to permit statutory breaks. When Plaintiff complained, Defendants retaliated by constructively terminating Plaintiff's employment. 10/31/2023 Default Entered 4/5/2024 Doe Dismissal Entered Plaintiff seeks damages and statutory penal...

Excerpt: ...ERROGATORIES Plaintiff's motions to compel Defendant Matthew Shepherd's responses to Requests for Production, Set One and Special Interrogatories, Set One are GRANTED. Plaintiff's motions to compel Defendant Superior Loan Servicing's responses to Requests for Production, Set One and Special Interrogatories, Set One are GRANTED. Defendants must serve verified responses without objections within 10 days after the date of this order. Defendants must...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...sino, LLC should be prepared to discuss whether it intends to pursue its first amended cross-complaint. Defendants are to file a proposed judgment within five court days. The Court sets a nonappearance review date for April 25, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order. FACTUAL BACKGROUND This is an action for specific performance, breach of cont...

Excerpt: ...ong -Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Catherine and Jonathan Nicholas leased a 2020 Cadillac Escalade with express warranties. The vehicle was delivered to Plaintiffs with serious defects and nonconformities which Defendant General Motors failed to repair after a reasonable number o f attempts. II. PROCEDURAL HISTORY On January 14, 2022, Plaintiffs filed their Complaint. On September 28, 2023, Plaintiffs...

Excerpt: ...ing party to provide notice. FACTUAL BACKGROUND This is an action for breach of contract/fiduciary duties brought by a corporate shareholder/former director against the subject corporations' current director/managing officer(s). The Fourth Amended Complaint ("FAC") alleges as follows. In the 1970s, plai ntiff Jerry Yarman Azarkman (“Plaintiff”) began selling electronics and other appliances as a door-to -door salesman in California af...

Excerpt: ...Auto Data Processing, Inc. (3) ADP Payroll Services, Inc., and (4) Travelers Property Casualty Company of America. The parties listed above are to file and serve proposed judgment(s) within five court days after the date of this order. The Court sets a nonappearance review date re: the proposed judgment(s) for April 17, 2024 at 8:30 a.m. The motion for summary judgment/summary adjudication is DENIED as to the causes of action against the followin...

Excerpt: ...- ACTIONS The motion for an order entering the stipulation to revise dates listed in the May 30, 2023 joint status conference report is DENIED. Moving party to provide notice. PROCEDURAL HISTORY The relevant procedural history is as follows: On May 30, 2023, the parties submitted a joint status conference report agreeing to complete depositions, mediation, written discovery and expert discovery by certain dates. On June 6, 2023, the Court adopted...

Excerpt: ...As admitted as to Cross- Defendants Feigen and Ahlholm are DENIED. Commercial Loan Servicing, LLC's request for sanctions is GRANTED in the amount of $1,605 jointly and severally against Cross-Defendants Feigen and Ahlholm. Sanctions are payable within 30 days after the date of this order. Moving party to provide notice. PROCEDURAL HISTORY On November 29, 2022, Plaintiffs Windsor Terrace Healthcare, LLC and Windsor Healthcare Sepulveda, LLC filed...

Excerpt: ...eikh is DENIED. Moving party to give notice. PROCEDURAL HISTORY Plaintiff Iraj V. Kashani filed his Complaint against Farzana Sheikh alleging three causes of action for embezzlement, conversion, and conspiracy on June 8, 2018. On March 28, 2019, Plaintiff filed Doe Amendments naming Saeed Mala, Sohail Sheikh, and Danial Sheikh as defendants in this action. On January 29, 2020, Plaintiff filed the operative First Amended Complaint. On March 5, 202...

Excerpt: ... decision on the Anti -Slapp Motion was dispositive. Moving party to provide notice. PROCEDURAL HISTORY On March 29, 2023, Plaintiffs filed their Complaint against Defendant. On October 31, 2023, the Court granted Defendant's special motion to strike. On November 27, 2023, Defendant filed this motion for attorney fees. DISCUSSION Defendant Audrey Webb moves for attorney fees and costs arising from her special motion to strike which was granted on...

Excerpt: ...mer Warranty Act. The Complaint alleges as follows. Plaintiff Scott Murray leased a 2020 Subaru Outback manufactured by Defendant Subaru of America, Inc. (“Subaru”) with an express written warranty. The vehicle developed a defect during the warranty period that Defendants failed to repair despite a reasonab le number of attempts. Defendants then refused to replace the vehicle or make restitution. II. PROCEDURAL HISTORY On July 19, 2022, Plain...

Excerpt: ...d twentieth causes of action. The demurrer is SUSTAINED as to the remaining causes of action without leave to amend. The motion to strike is GRANTED without leave to amend. The Court will set a deadline for the filing of an answer after all the demurrers have been decided. The Court remains concerned about the number of defendants in the case and whether Plaintiff has a triable case against all of these defendants. At this stage, Plaintiff may pl...

Excerpt: ...on award. Petitioner Blum Collins, LLC filed a petition to confirm a $802,433.85 arbitration award it obtained against Respondents Respondents Acuity Consulting Services and Erik Cooper. DISCUSSION Respondent Erik Cooper moves for reconsideration of the Court's September 29, 2023 order on Cooper's proposed settled statement. Code Civ. Proc., section 1008 states : (a) When an application for an order has been made to a judge, or to a court, and re...

Excerpt: ...tant will change the docket to remove the notation that this defendant was served on 1/24/2024. The Court sets an OSC Re: Imposition of Sanctions in the Amount of $500 Against Plaintiff's Counsel for Failure to Timely Serve Defendant Structured Asset Mortgage Investment II Trust 2008 -AR7, Inc. pursuant to California Rule of Court 3.110(f) for April 3 , 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for wro...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...ing its decision. The Court will enter the order received on 11/3/2023. The amount of the bond to be posted will be discussed at the hearing. Moving party to give notice. FACTUAL BACKGROUND This is an action to quiet title, for an enforcement of easement, nuisance, and declaratory relief. Plaintiff alleges that it is the owner of a property located at 1525 Colorado Boulevard, Los Angeles, CA 90041. An easement exists on Defendants' properties in ...

Excerpt: ...Cross -Complaint. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is a motion for summary adjudication on the Cross -Complaint filed by Cross- Complainant Commercial Loan Servicing, LLC (CLS) against Defendants Lawrence Feigen, Jeffrey Ahlholm, and SA Hospital Real Estate Holdings -Jefferson, LLC (SA Hospital). CLS bro ught causes of action for breach of contract, breach of guaranty, money due, ...

Excerpt: ... SPECIAL INTERROGATORIES, SET ONE Plaintiff's motions to compel discovery are DENIED as moot. This decision is based on the Court's understanding that a supplemental verified response was provided to SROG #10 on March 6, 2024. Plaintiff's requests for sanctions are GRANTED. Sanctions in the amount of $1,381.70 are imposed on Defendant Doe School District. Sanctions are payable within 30 days after the date of this order. Moving party to provide n...

Excerpt: ...r. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for violations of the FEHA, unfair business practices, and for declaratory and injunctive relief. Plaintiff alleges that while she was employed as a human resources officer for Defendant, she was paid less than her male coworkers. Plainti ff was later terminated in retaliation for ...

Excerpt: ..., fraudulent suppression of material fact, constructive fraud, intentional interference with contractual relationship, negligent misrepresentation, negligent interference with economic relationship, unfair competition and business practices, and declaratory relief. Plaintiff Textile House, Inc. alleges that in 2019, unauthorized wireless phone numbers were added to its account, causing Plaintiff to incur fraudulent charges in excess of $10,000. A...

Excerpt: ...CUSSION Plaintiffs request default judgment as follows. Damages $93,205 Costs $722.26 Attorney's Fees Per Motion Facts This is an action for violation of Civ. Code, section 1793.2, breach of express written warranty, breach of implied warranty of merchantability, fraudulent inducement, and negligent repair. Plaintiff alleges that he purchased a Coast Swim Spa 1600 Wellness from Defendants in March 2020, and that the product was defective. Defenda...

Excerpt: ...Defendant's motion for a directed verdict and entering judgment in favor of Defendant. Code Civ. Proc., section 1008 states: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, cir...

Excerpt: ...ff Hawkeye Entertainment, LLC entered into a lease agreement for a commercial space with Defendants before subletting the space to Plaintiff W.E.R.M. Investments LLC (WERM). Plaintiffs allege that De fendant Smart Capital, LLC and its principal, Defendant Michael Chang, attempted to interfere with WERM's nightclub operations. PROCEDURAL HISTORY On February 2, 2024, Plaintiffs filed an ex parte application for a temporary restraining order and pre...

Excerpt: ...e. FACTUAL BACKGROUND This is an action for defamation and malicious prosecution. Plaintiff alleges that on October 2, 2023, Defendant reported to law enforcement that Plaintiff engaged in harassing and criminal behavior. Defendant reported that Plaintiff confronted him, stoppi ng and clenching both fists as if preparing to fight. Plaintiff alleges that this statement was false, and that Defendant knew the statement was false at the time he made ...

Excerpt: ...ss expenses; (8) retaliation in violation of Labor Code section 1102.5; (10) failure to pay wages due upon separation. 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 the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only allege facts sufficient to state a caus...

Excerpt: ...inants' request for monetary sanctions is GRANTED. Sanctions in the amount of $2,596 are payable within 10 days after the date of this order. Cross-Defendant Alfonso Guerrero's motion to set aside default is GRANTED. Cross-Defendant Alfonso Guerrero must separately file his answer to the cross -complaint on or before March 5, 2024 and must immediately serve all parties. Moving parties to provide notice. FACTUAL BACKGROUND This is an action for br...

Excerpt: ...nt for March 15, 2024 at 8:30 a.m. Plaintiff to provide notice. DISCUSSION Plaintiff seeks default judgment in the amount set forth below. Demand of the Complaint $100,000 Costs $642.93 Total $100,642.93 Facts This is an action for breach of contract and negligence. Plaintiff alleges that he entered into a written contract with Defendant Javier Navarro to remodel Plaintiff's pool. Plaintiff entered into an oral contract with Defendant Roberto Mar...

Excerpt: ...257.92 Attorney Fees $7,500 Costs $1,133.52 Total $154,849.56 Facts This is an action for violations of the Labor Code and the FEHA, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendant failed to pay him his hourly wage and failed to permit statutory breaks. When Plainti ff complained, Defendant's employees retaliated by assigning him less favorable shifts. 12/20/2022 Default Entered 12/20/2023...

Excerpt: ...TED as modified below. Plaintiff is to file a revised JUD-100 within five days after the date of this order. The Court sets a nonappearance review date for March 21, 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for recovery of COVID -19 rental debt arising from a lease Plaintiff entered into with assignor Main SB, LLC in July 2019. Main SB, LLC assigned the debt to 1200 Management, LLC. Plaintiff 1200 Man...

Excerpt: ...h a court reporter present. There also must be a protective order filed. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the FEHA. Plaintiff Ryon Stewart alleges that he was employed as a police officer with the Los Angeles Police Department. During his employment, he contends that he was subject to discrimination and harassment due to his race and age. Plaintiff alleges other officers subjected him to diffe...

Excerpt: ...to every affirmative defense but the first affirmative defense with leave to amend within 20 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for legal malpractice. The Complaint alleges as follows. Plaintiff Kevin Voong (“Plaintiff”) retained the services of defendants Dawn M. Coulson, Esq. (�...

Excerpt: ...of California is DENIED as moot. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for declaratory and injunctive relief. Plaintiff is an active member of the California State Bar who retired from the practice of law in 2022. (Compl., ¶¶7- 8.) Plaintiff serves as an arbitrator and mediator in California and intends to continue his work. (Id.)...

Excerpt: ...led five co urt days in advance of today's hearing as ordered on November 29, 2023. The Court is setting aside the defaults entered against Defendants Hector Velasco and Gbolabo Folayan as void for failure to serve these Defendants with a statement of damages prior to the entry of default. At the hearing, the Court will set another OSC date. DISCUSSION Plaintiffs seek damages as follows. Damages $376,488 Attorney Fees $5,654.88 Total $382,142.88 ...

Excerpt: ...ter the date of this order. FACTUAL BACKGROUND This is a petition to confirm arbitration award arising from a share purchase agreement the parties entered into on April 20, 2022. On September 5, 2023, an independent referee issued an arbitral award in favor of Plaintiff, awarding Plaintiff $2,331,015. PROCEDURAL HISTORY On October 20, 2023, Petitioner LG H&H Co., Ltd. filed its petition to confirm arbitration award against Respondents Insil and S...

Excerpt: ... Corporation with leave to amend and OVERRULES as to Defendant Weingarten Nostat, Inc. The Court OVERRULES the demurrer as to the Second Cause of Action. The Court SUSTAINS the demurrer to the Third Cause of Action as to Defendant Kimco with leave to amend and OVERRULES the demurrer as to Defendant Weingarten. The Court SUSTAINS the demurrer to the Fourth Cause of Action with leave to amend. The Court SUSTAINS the demurrer to the Fifth Cause of A...

Excerpt: ...D TO COMPEL THE DEPOSITION OF DEFENDANT IERVOLINO The motions to compel responses to form interrogatories, special interrogatories, and requests for production of documents all set one are GRANTED. Defendant is ordered to serve further verified responses without objections within 20 days after the date of this order. Responsive documents must also be served within 20 days after the date of this order. Sanctions in the amount of $3,390 are imposed...

Excerpt: ...' Motion to Compel Arbitration is GRANTED. The case is stayed pending arbitration. The Court sets a Status Conference Re: Arbitration for December 5, 2024 at 8:30 a.m. Defendants to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL & PROCEDURAL BACKGROUND This action was commenced by attorney Jonathan Roven (Plaintiff) who filed a Complaint on November 2, 2023 alleging three ca...