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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...