Excerpt: ...eave to File Second Amended Complaint is GRANTED. Plaintiff is ordered to separately file and serve the Second Amended Complaint within two court days after the date of this order. The Second Amended Complaint that is filed must include a proof of service. Defendants are ordered to file an answer or other responsive pleading within 30 days after the date of this order. The Court sets an OSC As to Why Sanctions in the Amount of $500 should not be ...

Excerpt: ...ion. The motion to strike is DENIED. Plaintiffs are granted leave to amend by September 8, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans”) founded Kalologie Medspa (“Kalologie”). (FAC ¶ 25.) The Brennans formed Kalologie Spa Destinations...

Excerpt: ...ENT, LLC AND/OR THEIR COUNSEL OF RECORD JAY W. SMITH The motions are granted. The requests for sanctions are denied. Defendant Compound is ordered to serve verified responses without objections within five days after the date of this order. Plaintiffs are ordered to serve by overnight delivery service all the discovery motions that they have filed on counsel Timothy Milner. This includes all motions up to and including the motions scheduled for J...

Excerpt: ...st-arbitration status conference for March 20, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of such notice within five court days after the date of this order. FACTUAL BACKGROUND Petitioner UNITE HERE Local 11 (the “Union”), and Respondent 360 N. Rodeo Drive Limited Partnership d/b/a/ Luxe Hotel Rodeo Drive (“Luxe Rodeo”) are parties to a Collective Bargaining Agreement (“CBA”), regarding the terms and conditions...

Excerpt: ...ecial Motion to Strike Plaintiff's Complaint is GRANTED. The complaint is dismissed with prejudice. The request for attorney's fees is granted in the amount of $3,872.15. The fees are payable within 90 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 about a restraining order and alleged defamatory...

Excerpt: ...MENT, LLC AND/OR THEIR COUNSEL OF RECORD JAY W. SMITH The motions are granted. The request for monetary sanctions is denied. Defendant Compound is ordered to serve verified responses without objections within five days after the date of this order. Plaintiffs are ordered to serve by overnight delivery service all the discovery motions that they have filed on counsel Timothy Milner. This includes all motions up to and including the motions schedul...

Excerpt: ...LA CARE Plaintiffs Prime Healthcare Services – Alvarado, LLC, et al.'s Motion to Compel Further Response to Request for Production, Set One is GRANTED as to RFP Request Nos. 2 and 16 and DENIED as to RFP Request No. 10. Defendant LA Care is ordered to provider further responses to RFP Request Nos. 2 and 16 within 30 days of this order. The request for sanctions is denied. The Court sets trial for March 25, 2024 at 9:30 a.m. and FSC for March 11...

Excerpt: ... to provide notice. FACTUAL HISTORY This is a lemon law action. The Complaint alleges as follows: Plaintiff Pedro Molina (“Plaintiff”) purchased a 2017 Ford Edge (the “Subject Vehicle”), manufactured by defendant Ford Motor Company, on or about December 9, 2017, from defendant Ford of West Covina. (Compl. ¶¶ 6, 8.) After purchase, the Subject Vehicle began to exhibit defects, nonconformities, maladjustments, or malfunctions relating to ...

Excerpt: ...D JAY W. SMITH The motions are granted. The request for sanctions is denied. Defendant Compound is ordered to serve verified responses without objections within five days after the date of this order. Plaintiffs are ordered to serve by overnight delivery service all the discovery motions that they have filed on counsel Timothy Milner. This includes all motions up to and including the motions scheduled for July 28, 2023. On a going forward basis, ...

Excerpt: ...Motion to Vacate Dismissal is taken off calendar. Moving party to provide notice and to file proof of service of such notice within five court days. FACTUAL BACKGROUND This is an action for breach of contract, negligence, and premises liability. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Nicole Jackson (“Plaintiff”) visited a Defendant WalMart Inc. (“WalMart”) store to make a purchase on February 2, 2018. (FAC �...

Excerpt: ...Gs, and deem RFAs admitted are moot and are therefore DENIED. Sanctions in the amount of $1,685 are imposed jointly and severally on Defendant FCA US LLC and Defendant's Counsel of Record. Sanctions are payable within 20 days after the date of this order. In the future, the Court does not expect to see such late responses to discovery. In the future, the Court expects to see the parties thoroughly meet and confer prior to the filing of a discover...

Excerpt: ...uses of action. Plaintiffs are granted leave to amend by September 8, 2023. As no arguments were made with respect to the motion to strike, it is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans”) founded Kalologie Medspa (“Kalologie”). (F...

Excerpt: ...T, LLC AND/OR THEIR COUNSEL OF RECORD JAY W. SMITH The motions are granted. Defendant Compound is ordered to serve verified responses without objections within five days after the date of this order. Plaintiffs are ordered to serve by overnight delivery service all the discovery motions that they have filed on counsel Timothy Milner. This includes all motions up to and including the motions scheduled for July 28, 2023. On a going forward basis, t...

Excerpt: ... to the following causes of action: fourth, fifth, and eleventh. Plaintiffs are granted leave to amend by September 8, 2023. As no arguments were made with respect to the motion to strike, it is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans�...

Excerpt: ...eptember 8, 2023. Defendant never briefed a motion to strike. It is therefore denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint ("FAC") alleges as follows. Non-parties Tracy Brennan and William Brennan (the "Brennans") founded Kalologie Medspa ("Kalologie"). (FAC 25.) The Brennans formed Kalologie Spa Destinations LLC ("Franchisor") to fra...

Excerpt: ...tion: (1) breach of implied warranty of habitability (survival action); (2) elder abuse and neglect (survival action); and (3) negligence/negligence per se (survival action). The motion is denied with respect to the following causes of action: (1) violation of Residents' Bills of Rights (survival action expressly exempted from arbitration pursuant to the arbitration agreement); (2) wrongful death (nonsurvival action); and (3) concealment (nonsurv...

Excerpt: ...plication of the City of Los Angeles' rental debt repayment protections to this action. Moving party to provide notice. FACTUAL BACKGROUND This is an unlawful detainer action. The Complaint alleges as follows. Plaintiff 5929 Sunset (Hollywood), LLC (“Plaintiff”) owns real property located at 1522 Gordon Street (the “Subject Property”). In January 2022, defendant Carmen Bryan (“Defendant”) entered a year-long lease with Plaintiff to oc...

Excerpt: ... “Movants”) Motion to Amend Answer is GRANTED. Movants are ordered to file and serve the First Amended Answer within five days. Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. FACTUAL BACKGROUND This is an action originally brought by Fung Bark Lau and Yang He (“Plaintiffs”) regarding a variety of construction defects in the renovation of their home (the “Subject ...

Excerpt: ...intiffs are granted leave to amend by September 8, 2023. Defendant Kourosh Akhtarzad's Motion to Strike is GRANTED. Plaintiffs are granted leave to amend by September 8, 2023. FACTUAL BACKGROUND This is an action for breach of a commercial lease and fraud. The operative First Amended Complaint (“FAC”) alleges as follows. Non-parties Tracy Brennan and William Brennan (the “Brennans”) founded Kalologie Medspa (“Kalologie”). (FAC ¶ 25.)...

Excerpt: ...f this order. FACTUAL BACKGROUND This is an action for breach of the implied warranty of habitability. The Complaint alleges as follows. Plaintiff Morgan Lieberman (“Plaintiff”) was a tenant in a property located at 1324 Calumet Ave., Echo Park, CA (the “Subject Property”). (Compl. ¶ 1.) Defendants Statewide Enterprises, Inc., Vista 1234 Calumet, LLC and Vista Investment Group, LLC (together, “Defendants”) owned, managed, and/or oper...

Excerpt: ...ompel Further Response to Request for Production, Set One is GRANTED. Plaintiff is ordered to propound all contemporaneous timesheets in connection with this case within seven days. Plaintiff may redact any information it deems to be privileged as attorney work product, supported by a privilege log. The log should also be produced within seven days. Moving party to provide notice and to file proof of service of such notice within five days after ...

Excerpt: ...ne Payton's Demurrer to the Cross-Complaint is SUSTAINED. At hearing, the Court will consider Griffith's arguments as to whether leave to amend should be granted. Payton's Motion to Strike is GRANTED. Defendant Joseph Griffith's unverified answer filed on October 31, 2022, is stricken from the record. Defendant Joseph Griffith's verified answer, filed on July 5, 2023, is to serve as Griffith's operative Answer. FACTUAL BACKGROUND This is an actio...

Excerpt: ...ion to determine whether Plaintiffs/Cross-Defendants are due attorney fees pursuant to Code of Civil Procedure section 425.16(c). At hearing, the Court will discuss with the parties an expedited briefing schedule such that this action may proceed efficiently. FACTUAL BACKGROUND This is an action for constructive eviction. The Complaint alleges as follows. Plaintiffs Forrest Penny-Brown (“Penny-Brown”) and Justin Andrew Robinson (“Robinson�...

Excerpt: ...A BROWN, CANIESHA RUTH, LONDON CARRIER, DAVID SAVARINO, AND LEONARD MERRIWEATHER'S MOTION FOR SUMMARY ADJUDICATION. Plaintiffs' Motion for Summary Adjudication is GRANTED. Plaintiffs are each awarded $10,000 in statutory damages under ICRAA. Plaintiffs are permitted to file a memorandum of cost and a noticed motion for attorney fees to recover such costs pursuant to Civil Code § 1786.50(a)(2). Moving party to provide notice. FACTUAL BACKGROUND T...

Excerpt: ... of Technology's Motion to Compel Deposition is GRANTED. The parties are to schedule Plaintiff's deposition for a date on or before July 21, 2023. Both parties' requests for sanctions are DENIED. Counsel are advised to review Los Angeles Superior Court's Local Rules, Appendix 3.A: “Guidelines for Civility in Litigation.” The Court expects that counsel will treat one another, and the parties to this and every action, with civility and respect....