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

Excerpt: ...Further Responses to Request for Production of Documents (Set One) and Request for Monetary Sanctions is DENIED for failure to meet and confer and for failure to demonstrate good cause for production. Plaintiff's Counsel of Record is ordered to pay sanctions in the amount of $2,940. Sanctions are payable 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 a...

Excerpt: ...s GRANTED as to the following Defendants: (1) Automatic Data Processing, Inc., (2) Auto Data Processing, Inc. and (3) ADP Payroll Services, Inc. Moving parties to file and serve a proposed judgment within five days after the date of this order. The Court sets a nonappearance review date re: the proposed judgment for February 29, 2024 at 8:30 a.m. The motion for summary judgment/summary adjudication is DENIED as to the causes of action against the...

Excerpt: ...tiff/Judgment Creditor DR Group LLC fka Rosenthal & Company LLC's Motion for Order Directing Court Clerk to File Application for Renewal of Judgment Nunc Pro Tunc as of December 14, 2023 is GRANTED. 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 Plaintiff is the duly court-appointed settlement administrator in that certain civil class action pendin...

Excerpt: ...on Gray, (6) Branden Hamada, (7) Clifford Herrera, (8) Sally Moctezuma, (9)Donyann Morgan, (10) Cheron Bertee, (11) Melanie Guevara, and (12) Timothy Chavez. Defendant's motion for summary judgment is GRANTED with respect to Plaintiff Shaun Luciano. Moving party to file and serve a proposed judgment against all Plaintiffs, including those against whom summary judgment was granted earlier, within 10 days after the date of this order. The Court set...

Excerpt: ...ithin five court days after the date of this order. 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 for defamation, false light, and intentional infliction of emotional distress. Plaintiff alleges that he was enrolled in the Stella Adler Studio of Acting in January 2021. A mutual friend introduced Plaintiff to Defendant Romich in Septemb...

Excerpt: ...date for the proposed judgment is set for February 29, 2024 at 8:30 a.m. 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 violation of the Unruh Civil Rights Act. Plaintiff alleges that he is a visually and legally blind person who was unable to access Defendant Greiner's Clothing's website because it lacked alt-text or text equ...

Excerpt: ...a judgment of dismissal. The Court sets a nonappearance review date of February 26, 2023 at 8:30 a.m. to review the proposed judgment of dismissal. 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 breach of contract, negligence, fraud, and common counts. Plaintiff alleges that Defendant Network Capital Funding (“Network”) misrepresente...

Excerpt: ...efendant Jesus Mendoza Trujillo (served 11/1/23); (2) Defendant Edward James Edwards III (named); and (3) Defendant Mid- Cities Engineering, Inc. Movants' motion to stay is GRANTED. All further proceedings are stayed pending arbitration. The Court sets a status conference re: progress of arbitration for December 4, 2023 at 8:30 a.m. Moving parties to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is an action ...

Excerpt: ...lly and dba El Campesino Restaurant & Bar); (2) Department of Tax and Fee Administration, California; (3) County of Merced, Tax Collector; and (4) California Employment Development Department. Defendant Juan Carlos Murillo is ordered to file and serve a proposed judgment with respect to these four defendants within 10 days after the date of this order. The Court sets a nonappearance date for review of proposed judgment on February 28, 2024 at 8:3...

Excerpt: ...date of this order. FACTUAL BACKGROUND This is an action for breach of implied warranty of habitability, breach of covenant of quiet use and enjoyment, negligence, and premises liability. Plaintiff alleges that he leased a property from Defendant located at 8420 South Avalon Blvd., Los Angeles, CA 90003. (Compl., ¶1.) On July 7, 2022, an electrical fire caused by an air conditioner started by the front door inside the property while Plaintiff wa...

Excerpt: ...If Plaintiff wishes to file a Third Amended Complaint addressing the issues in this demurrer as well as the issues raised in the demurrer that was sustained on October 17, 2023, Plaintiff must do so on or before March 15, 2024. Defendants are ordered to file answers or other responsive pleadings within 20 days after service of the Third Amended Complaint. The Post Mediation/General Status Conference is advanced from 2/1/2024 at 8:30 a.m. and cont...

Excerpt: ...dant/Cross-Complainant David Dayanoff is ordered to appear for deposition within 30 days. Counsel are to meet and confer and set a mutually agreeable date within the next 30 days. If Dayanoff believes that Plaintiff's attorney should be disqualified from the case, a motion to disqualify must be filed. With respect to the requests for production that are attached to the deposition notice, Plaintiff seeks a protective order with respect to the foll...

Excerpt: ...: DEFENDANT ALAL, LLC; ASPEN SKILLED HEALTHCARE, INC. AND TANNER MITCHELL'S DEMURRER TO FIRST AMENDED COMPLAINT WITH MOTION TO STRIKE The demurrer is OVERRULED, except for the items in bold below. Leave to amend is granted The motion to strike is DENIED, except for the request for attorney's fees with respect to the third cause of action which is GRANTED without leave to amend. The second amended complaint must be filed and served within 20 days ...

Excerpt: ... to Strike (Anti- SLAPP) causes of action two and three of the Cross-Complaint is DENIED as moot. Answer or other responsive pleading must be filed and served within 10 days after the date of this order. Cross-Defendants Forrest Benny-Brown and Justin Andrew Robinson are prevailing parties with respect to the third cause of action for abuse of process. Cross-Complainants do not contest this fact. The Court need not reach a decision with respect t...

Excerpt: ...f this order. FACTUAL BACKGROUND This is an action for violations of the labor code and violations of the FEHA. Plaintiff alleges that he was employed as security guard and commander with Defendant LA Security & Patrol, Inc., a private security company in July 2019. When Defendant's contract with another business ended, Plaintiff endured a two- month absence from work before he was replaced by another employee he had trained. Plaintiff was reassi...

Excerpt: ... is ordered to serve verified further responses without objections within five 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 case arises from the purchase of an automobile and allegations of violations of the Song-Beverly Consumer Warranty Act. Rocio A. Palacios and Antonio Hernandez (collectively, “Plaint...

Excerpt: ...ty 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 discrimination, harassment, retaliation, failure to provide reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, breach of contract, negligent hiring, wrongful termination, and intentional infliction of emotional distress. Plaintiff alle...

Excerpt: ... the motion and the reply, the motion is granted. The requests for judicial notice are granted as to any case materials and are otherwise denied. Plaintiff alleges that his rights under the First, Fourth, Fifth and Fourteenth Amendments to the United States Constitution, the California Constitution, and the laws of California were violated. (SAC, Paragraphs 50 and 51.) No further detail is provided about the alleged violation of his rights. A rev...

Excerpt: ...nts 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 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. .Moving party to provide notice and to file proof of service of such notice ...

Excerpt: ...award prejudgment interest because a calculation of interest was not included with the documents submitted in support of the application for default judgment. However, a calculation of interest was included with Plaintiff's declaration. Code Civ. Proc., section 473(d) provides that the court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or...

Excerpt: ...for the posting of the bond shall be discussed. 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 fraud, conversion, breach of fiduciary duty, unjust enrichment, and an accounting. Plaintiffs Kenny Kapoor, South Shore LLC, and Apax Investments, LLC allege that Defendants Zalfa Halaby and Charles Elkins represented that they were ...

Excerpt: ...t 8:30 a.m. 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 Labor Code and unfair business practices. Plaintiff alleges that he was co-employed by Defendants as a location manager. Plaintiff was a salaried employee and thus exempt from overtime pay. Although Plaintiff was a licensed cemetery salesperson, he di...

Excerpt: ...nd sixth causes of action with leave to amend. The motion is DENIED with respect to third through fifth causes of action. The Individual Defendants' motion to strike is GRANTED with respect to Defendant Garrett in its entirety. The parties should be prepared to discuss the issue of leave to amend with respect to Defendant Garrett. The Individual Defendants' motion to strike is GRANTED as to the first, second, and sixth causes of action with leave...

Excerpt: ...s-Defendant Kouroush Yaghoobian's motion to compel Cross-Complainant Del Sol Property Management's further responses to Special Interrogatories, Set One is granted. Cross-Complainant Del Sol must serve further verified responses within 20 days after the date of this order. Sanctions are granted in the reduced amount of $860 and are payable within 20 days after the date of this order Moving party to provide notice and to file proof of service of s...

Excerpt: ...ords from the Department of Alcoholic Beverage Control is DENIED. 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 breach of a commercial lease. The Complaint alleges as follows. Plaintiff Hawkeye Entertainment, LLC (“Hawkeye”) entered into a lease agreement for commercial space (the “Subject Property”) with Defendants S...

Excerpt: ...el Defendant Lara Sinitsin's further responses to Request for Production, Set One Nos. 1-74 is granted. Sinitsin must serve further verified responses without objections within 20 days after the date of this order. Sanctions are denied. 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 breach of contract, breach of implied covena...

Excerpt: ...DENIED. Sanctions in the amount of $1,875 are payable by Plaintiffs 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 breach of a commercial lease. The Complaint alleges as follows. Plaintiff Hawkeye Entertainment, LLC (“Hawkeye”) entered into a lease agreement for commercial space...

Excerpt: ...h Yaghoobian's motion to compel Cross-Complainant Del Sol Property Management Inc.'s further responses to Request for Production, Set One Nos. 1-104 is granted. Cross-Complainant Del Sol Property Management must serve further verified responses without objections within 20 days after the date of this order. Del Sol must serve further verified responses within 20 days after the date of this order. Sanctions are granted against Defendant Del Sol in...

Excerpt: ...efendants are ordered to file a completed proof of service in advance of the hearing on this motion or to indicate that the motion was not served if that is the case. The Court sets a status date regarding arbitration for August 9, 2024 at 8:30 a.m. Moving parties 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 a legal malpractice case. Plaintiffs Lorile...

Excerpt: ...mplaint is overruled. The Cross-Defendants' Demurrer to the second cause of action is sustained with leave to amend. If Cross-Complaint/Defendant Hing Wa Lee, Inc. wishes to file a first amended cross-complaint to cure the noted deficiencies, it must file and serve the pleading 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...

Excerpt: ...he hearing. 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 a lemon law action. The Complaint alleges as follows. On October 14, 2016, James Branscromb III (“Plaintiff”) purchased a 2015 Mercedes-Benz C300 (“subject vehicle”). The subject vehicle contained certain electrical and engine defects. Following a number of attempts, Mercede...

Excerpt: ...covery and deem admissions admitted are GRANTED. Defendant Los Angeles Dodgers LLC is ordered to serve verified responses without objections to Form Interrogatories, Set Two and Request for Production, Set Two within five days after the date of this order. The Requests for Admission, Set Two are deemed admitted. Sanctions are imposed in the amount of $2,580 against Defendant Los Angeles Dodgers LLC and are payable within five days after the date ...

Excerpt: ...ompel Defendant Lara Sinitsin's further responses to Request for Production, Set One Nos. 1-74 is granted. Sinitsin must serve further verified responses without objections within 20 days after the date of this order. Sanctions are denied. 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 breach of contract, breach of implied cov...

Excerpt: ...tions of the California Family Rights Act, violations of the FEHA, and wrongful termination. Plaintiff alleges that she began working for Defendant on November 13, 1997 as a member of directed care staff. In April 2021, Plaintiff sought treatment for an injured knee. In July 2021, Plaintiff informed Defendant's CEO that she would be having knee replacement surgery in both knees and would be off work for about six months. The CEO instructed Plaint...