Excerpt: ... of action. As no arguments were made with respect to the motion to strike, it 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 �...

Excerpt: ... FOR PRODUCTION FACTUAL BACKGROUND This is an action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”), Unfair Business Practices, Invasion of Privacy, and Declaratory Relief. The Complaint alleges as follows. Defendant Solari Enterprises, Inc. (“Solari”) owns and operates the Courson Arts Colony Apartments (the “Subject Property”) located at 931 and 939 E. Avenue Q12, Palmdale, California. (Compl. ¶ 7.) Pl...

Excerpt: ...e third, eighth, ninth, and tenth causes of action. The motion to strike is GRANTED as to the third, eighth, ninth, and tenth causes of action and DENIED as to the second, fourth, fifth, and eleventh causes of action. As no arguments were made with respect to the motion to strike, it 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 commercia...

Excerpt: ...Los Angeles Dodgers baseball game. The operative First Amended Complaint (“FAC”) alleges as follows. On March 29, 2019, Plaintiff Francisco Rodriguez (“Plaintiff”) attended a baseball game hosted by defendant Los Angeles Dodgers, LLC (the “Dodgers”). (FAC ¶ 8.) Plaintiff approached a Dodgers' security guard, defendant Brianna Coberly (“Coberly”), about the way Dodgers' security was treating a third- party spectator. (FAC ¶ 9.) D...

Excerpt: ...om a trip and fall incident which took place in February 2021. Plaintiff Joan Cornelius filed her Complaint against Defendants County of Los Angeles and the City of Covina on July 14, 2021. PROCEDURAL HISTORY On July 14, 2021, Plaintiff filed the Complaint asserting causes of action for negligence and premises liability. On November 3, 2021, Defendant the City of Covina was dismissed. On April 11, 2023, the Court granted Defendant the County of L...

Excerpt: .... 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”). (FAC ¶ 25.) The...

Excerpt: ...dicate the following: (1) Auto Defendant Data Processing Inc. was defaulted on 1/20/2023; (2) Defendant ADP Payroll Services, Inc. was served on 12/13/2022, but has not been defaulted; and (3) Defendant Travelers Property Casualty Agency was named in the fifth amended complaint, but never served. The Court sets an OSC Re: Dismissal of Defendant ADP Payroll Services, Inc. for Failure to Timely Enter Default and Dismissal of Defendant Travelers Pro...

Excerpt: .... 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 LL...

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: ...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: ...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: ...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: ...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: ...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: ... “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....

Excerpt: ...posed cross-complaint filed on 6/14/2023 is accepted. Answer or other responsive pleading is due 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 days after the date of this order. FACTUAL BACKGROUND This is an action for property damage resulting from water leak in a condominium complex. The Complaint alleges as follows. Plaintiff Belinda Wing, Trustee of the Yim ...

Excerpt: ...end by September 8, 2023. Defendant Ramesh Akhtarzad's Motion to Strike is GRANTED. 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.)...

Excerpt: ...ourt days after the date of this order. FACTUAL BACKGROUND This is a consolidated action for breach of contract. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Humanoids, Inc. (“Humanoids”) entered into a written agreement (the “Agreement”) with Defendant Vagator Production Sarl (“Vagator”) to co-publish a book provisionally entitled Metal Hurlant Off Serial (the “Project”). (FAC ¶ 6.) The parties...

Excerpt: ... sexual harassment. The Complaint alleges as follows. Plaintiff R. Lee (“Plaintiff”) was employed as an accounting manager by defendants Seowon, LLC, (“Seowon”), Sungmeen Shon (“Shon”), Dal Hang Kim (“Kim”), Cornerstone Apparel, Inc. (“Cornerstone”), New Pride Corporation (“New Pride”), Glendale CSA, Inc. (“Glendale”), CH Apparel, Inc. (“CH Apparel”), CSA Apparel Company (“CSA Apparel”), and Vision Canaan Corpo...

Excerpt: ...brought under the Private Attorneys General Act (“PAGA”). The Complaint alleges as follows. Plaintiff Jason McClure (“Plaintiff”) began working for Defendant Cal-Quake Construction, Inc. (“Cal-Quake”) on or about November 2018. (Compl. ¶ 1.) In June 2019, Plaintiff was injured in a motorcycle accident and requested medical accommodations. (Ibid.) Cal-Quake ignored this request. (Ibid.) Plaintiff also complained about Cal-Quake's ille...

Excerpt: ...SC to Find Defendants and Daniel Kim in Contempt is DENIED. Moving party to provide notice. 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 Smart Capital Investment I, LLC, Smart Capital II, LLC, Smart Capital Investment III, LLC, Smart Capita...

Excerpt: ...FOR MONETARY SANCTIONS Defendant Pickford Real Estate, Inc.'s Motion to Deem Requests for Admission Admitted is GRANTED. Defendant Pickford Real Estate, Inc.'s Motion to Compel Responses to Interrogatories is GRANTED. The responses are due within 20 days after the date of this order. Defendant Pickford Real Estate, Inc.'s Request for Monetary Sanctions is GRANTED in the amount of $1,213.65 against Plaintiffs Mehdi Haerikhorshid and Leila Haeri ON...

Excerpt: ...TCV27865. For this reason, there will be no decision on the motion to tax costs at this time and it is taken off calendar. The Court sets a status date on December 8, 2023 at 8:30 a.m. for a report concerning the pending appeal. FACTUAL BACKGROUND This is an action for violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”). The Complaint alleges as follows. Defendant Solari Enterprises, Inc. (“Solari”) owns and operates ...

Excerpt: ... not limited to, Chris Duarte Group, and Chris Taylor Brown (Singer from the band “Trapt”), by, among other things, threatening them with lawsuits for continuing to work with Artists Worldwide Agency, LLC.” On March 14, 2023, a copy of the preliminary injunction was served on counsel for Defendant Maggiore. Based on this fact, the Court infers that Defendant Maggiore was aware of the contents of the order. (See In re Ivey (2000) 85 Cal.App....

Excerpt: ...ation and wrongful termination employment action. The Complaint alleges as follows. Plaintiff Armando Rosas (“Plaintiff”) was hired by defendant Fleet Logic, LLC (“Defendant”) in April 2017. (Compl. ¶ 9.) At all times during Plaintiff's employment, Defendant was aware that Plaintiff had esophageal cancer, a qualifying disability under the Fair Employment and Housing Act (“FEHA”). (Compl. ¶ 10.) Between 2017 and 2021, Plaintiff recei...

Excerpt: ...for damages sustained in an altercation with security at a Los Angeles Dodgers baseball game. The operative First Amended Complaint (“FAC”) alleges as follows. On March 29, 2019, Plaintiff Francisco Rodriguez (“Plaintiff”) attended a baseball game hosted by defendant Los Angeles Dodgers, LLC (the “Dodgers”). (FAC ¶ 8.) Plaintiff approached a Dodgers' security guard, defendant Brianna Coberly (“Coberly”), about the way Dodgers' se...

Excerpt: ...otion to Strike Punitive Damages from the Complaint 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 the implied warranty of habitability. The Complaint alleges as follows. Plaintiffs Zachary Weitz and Brooke Lewinter (“Plaintiffs”) rented residential property located at 425 Broadway, Santa Monica, CA (t...

Excerpt: ...h notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act (“SBA”). The Complaint alleges as follows. On July 2, 2021, plaintiffs Isaiah Lomeli Barrios and Brenda Alvarez (“Plaintiffs”) purchased a 2021 Nissan Sentra (the “Subject Vehicle”) manufactured by defendant Nissan North America, Inc. (“Nissan”). (Compl. ¶ 6.) An express warranty ...

Excerpt: ...of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for unlawful detainer. The Complaint alleges as follows. Plaintiffs Yiuchung Wong and Raymond Chan (“Plaintiffs”) lease residential property to defendant Kaptain Kirk Kirkland (“Defendant”). Defendant is past due on his rent in the amount of $87,000.00. Plaintiffs served Defendant with the 3-Day Notice on January 1, 2023. PR...

Excerpt: ...ther Response to Production, Set One is GRANTED as to Requests for Production Numbers 7 and 10, if those responses are still outstanding. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez's Motion to Compel Further Response to Production, Set One is GRANTED as to Request for Production number 36, but is limited to information from the time of Plaintiffs' purchase of the Subject Vehicle to the present, only. Plaintiffs Brian Guadalupe M...

Excerpt: ... DENIED. At hearing, the Court will discuss with the parties why same Defendants' Motion for Summary Judgment filed on December 9, 2021, was never considered on the merits, and whether that motion is a more appropriate method to address Defendants' argument here. FACTUAL BACKGROUND This is an action arising from a real estate nondisclosure dispute. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Roza Ranjbar (“Plaintiff�...

Excerpt: ...ty days from 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 an action for violations of the labor code. The Complaint alleges as follows. Plaintiffs Cipriano Reynoso, Gerardo Jimenez, and Jorge Alberto Lopez Rivera (“Plaintiffs”) were formerly or currently are employed as truck drivers for defendant Genesis & Manny Trucking, In...

Excerpt: ...for Summary Adjudication is GRANTED as to the Second, Third, Fourth, and Fifth Causes of Action. 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 damages sustained in an altercation with security at a Los Angeles Dodgers baseball game. The operative First Amended Complaint (“FAC”) alleges as follows. On March 29, 2019, Plain...

Excerpt: ...ed to her motion 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 a wrongful foreclosure action concerning residential property located at 810 E. 76th Place, Los Angeles, California (the “Property”). (TAC ¶ 1.) The operative Third Amended Complaint alleges as follows. Plaintiff Trina Allen's (...

Excerpt: ...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 unlawful detainer action. The Complaint alleges as follows. Plaintiff DCA Robertson LLC (“Plaintiff”) owns real property located at 8379 Melrose Avenue, Los Angeles, CA 90069 (the “Subject Property”). Defendant Casper Sleep Retail, LLC (“Defendant”) rents commercial space in the ...

Excerpt: ...t JPMorgan Chase Bank, N.A.'s Demurrer to the First Amended Complaint is SUSTAINED. At hearing, the Court will consider whether leave to amend should be granted. Defendant Wilmington Trust, N.A.'s Demurrer to the First Amended complaint is SUSTAINED. At hearing, the Court will consider whether leave to amend should be granted. As Defendants' Demurrers have been sustained in the entirety, Defendants' Motions to Strike are DENIED as moot. FACTUAL B...

Excerpt: ... Fees is GRANTED in the amount of $32,985.75. Plaintiffs Mark Philip Schmid, Nadra Malakzad, and Fisherville Capital's Request for Costs and Expenses is GRANTED in the amount of $3,742.53. 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 brought under the Song-Beverly Consumer Warranty Act (the “SBA”). The Complaint alleges as f...

Excerpt: ... OVERRULED. Defendants David Dayanoff and the Fairway Apartment 9, LLC's Demurrer as to the Fourth Causes of Action is SUSTAINED without leave to amend. Defendants David Dayanoff and the Fairway Apartment 9, LLC's Motion to Strike as to punitive damages is DENIED. Defendants David Dayanoff and the Fairway Apartment 9, LLC's Motion to Strike as to treble damages is GRANTED. At hearing, the Court will consider Plaintiff's arguments as to leave to a...

Excerpt: ...ENIED. 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 Declaratory Relief. The Complaint alleges as follows. In August 1994, plaintiff Jim Moore (“Plaintiff”) entered into an agreement with defendant Edward P. Hayes (“Defendant”) and Defendant's deceased wife, Barbara (“Decedent”), to purchase and develop real prope...

Excerpt: ...ion Construction Authority's Application for Final Order of Condemnation is GRANTED. The parties are ordered to appear at the hearing (remotely or in person) to discuss the parties in the action and the service of the application for final order of condemnation filed on April 28, 2023. 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 actio...

Excerpt: ...side and Vacate Default is GRANTED. Defendant Timothy Everdyke's Motion to Quash Service of Summons and Dismiss Complaint for Lack of Personal Jurisdiction is GRANTED. Pursuant to Code of Civil Procedure section 581(h), the action is dismissed as to defendant Timothy Everdyke without prejudice. FACTUAL BACKGROUND This is an action for defamation and harassment. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Julian...

Excerpt: ... is denied. Defendant General Motors LLC is ordered to supplement its responses by identifying which responses are responsive to which requests within 20 days after the date of this order. If, after GM supplements its responses, Plaintiff still feels that the responses are incomplete, Plaintiff may seek relief from the Court after meeting and conferring in good faith with GM. Moving party is to provide notice and to file proof of service of such ...

Excerpt: ...granted thirty days leave to amend. Defendant Dawn M. Coulson, Esq.'s Motion to Strike is GRANTED. Plaintiff is granted thirty days leave to amend. The Court sets an OSC Re: Dismissal for Failure to Enter Default as to Defendant Epps & Coulson, LLP (served 1/27/23) for July 20, 2023 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 i...

Excerpt: ...enter judgment against Got Cars? Auto Group Inc. until it enters Default Judgment against defendant M&N Financing Corporation, or until M&N Financing Corporation is dismissed. The Court sets an OSC Re: Entry of Default Judgment as to Defendant M&N Financing Corporation for August 10, 2023 at 8:30 a.m. and also an OSC Re: Entry of Judgment against Defendant Got Cars. All papers must be filed at least five court days in advance of the hearing date....

Excerpt: ...anty Act ("SBA"). The Complaint alleges as follows. On April 9, 2022, plaintiffs Lisa Thomas and Wade Thomas ("Plaintiffs") leased a new Nissan Leaf (the "Subject Vehicle") manufactured by defendant Nissan North America, Inc. ("Nissan"). (Compl. 8.) Express warranties accompanied the sale of the Subject Vehicle. (Ibid.) The Subject Vehicle was delivered to Plaintiffs with serious nonconformities and defects. (Compl. g.) Nissan has been unable to ...

Excerpt: ...oving party to provide notice. FACTUAL BACKGROUND This is an action for declaratory relief and fraudulent transfer. The Complaint alleges as follows. On September 16, 2019, Plaintiff Bow Tie Realty & Investment, Inc. ("Plaintiff') was awarded judgment against Defendant Caroline S. Lee ("Lee") in the amount of "72,892.19 in Caroline S. Lee v. Jong Han Lee, et al., Case No. BC697147 ("First Lawsuit"). Thatjudgment included an award based on a claim...

Excerpt: ...l Properties, LLC's Demurrer to the Third Amended Cross-Complaint is OVERRULED. The Court sets for July 18, 2023 at 8:30 a.m. an OSC Re: Dismissal "'Imposition of Sanctions in the amount of $500 for Failure to File Proof of Service of the Third Amended Cross-Complaint on Cross-Defendants Russell Berney and Berney Law Corporation pursuant to CRC Rule 3.110 3.110(0 and Code of Civil Procedure sections 581 and 583. These cross-defendants were first ...

Excerpt: ...policies and surveillance manual. The parties represent that Whole Foods produced the insurance policies and surveillance manual after this motion was filed. Because the materials have now been produced: the Court declines to Impose sanctions with respect to these materials. The remaining issue is Plaintiffs allegation that Whole Foods intentionally spoliated its surveillance footage. Whether Whole Foods destroyed footage of the incident is a dis...

Excerpt: ...reement does not constitute a waiver the right to arbitrate by Defendant. this matter will be continued to allow a short time for the completion of discovery. The discovery will consist of the depositions of the four individuals listed in Plaintiffs Request to Present Oral Testimony (filed on 2/24/2023). The topics will be limited to the items set forth in the filing. At the hearing, a continued hearing date Will be set, as well as a supplemental...

Excerpt: ...der the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Ariadne Acosta and Sonia Acosta ("Plaintiffs") purchased a new 2019 Nissan Sentra (the "Subject Vehicle") manufactured by defendant Nissan North America ("Nissan"). (Compl. 5.) The Subject Vehicle was purchased with express and implied warranties. (Compl. 7.) Plaintiffs have delivered the Subject Vehicle to Nissan's authorized repair facility four tim...

Excerpt: ...of action (other than the one for wrongful death) are survival causes of action; (2) the applicabili$y of the Arbitration Agreement to all survival causes of action; (3) whether any survival causes of action are covered by Section 1295; (4) the impact of the FAA choice of law provision on the applicability of Section 1281.2(c) to this case; and (5) the impact of the statement in Section 1281.20 that "This subdivision shall not be applicable to an...

Excerpt: ...rer to the First Amended Complaint is OVERRULED. Defendant California Automobile Insurance Companys Motion to Strike is GRANTED. Plaintiff is granted five days leave to file and serve the Second Amended Complaint attached to its filing. Defendant must file and serve an answer within 20 days after service of the Second Amended Complaint Moving party to provide notice and to file proof of service of such notice within five court days after the date...

Excerpt: ...stant action alleging lemon law causes of action against defendant FCA US, LLC (FCA) and a cause of action for negligent repair against defendant Elk Grove Auto Group, Inc. dba Elk Grove Dodge Chrysler Jeep Ram (Elk Grove), in connection with a vehicle purchased from Elk Grove on March 18, 2018. On February 15, 2023, defendants each filed a motion to compel arbitration. On May 8, 2023, plaintiff dismissed Elk Grove from this action, thus mooting ...

Excerpt: ...Plaintiff) filed suit on March 30, 2022 against Naima Richardson ("Defendant") and several Does. The First Amended Complaint ("FAC") is the operative complaint here and was filed on April 14, 2022. The FAC stems from an April I, 2021 incident where Defendant hosted a Twitch Stream on which Defendant allegedly made numerous malicious statements of purported facts about Plaintiff that Defendant knew were false. (FAC, 17.) Defendant also began posti...

Excerpt: ...of such notice within five court days after the date of this order. 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 GRCA2, "Movants") a...

Excerpt: ...to Strike is GRANTED as to the Second Cause of Action. Defendants RHS Surani Inc. and Salima Surani's Demurrer to the First Cause of Action is SUSTAINED. Plaintiff is granted thirty days leave to amend. Defendants RHS Surani Inc. and Salima Surani's Demurrer to the Third Cause of Action is SUSTAINED without leave to amend. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this orde...

Excerpt: ...fs, if they wish, must file their amended complaint on or before July 13, 2023. Moving paror 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 Saeed Novel alleges that during some period in the past — the precise dates are unclear from the complaint— he kept a business account with defendant Bank of America, N.A. (BANA). (Compl„ 1:18.) (BANA states...

Excerpt: ... notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND Plaintiffs F.D. I and F.D. 2 (plaintiffs) allege they served on the faculty for defendant University of Southern California (USC), who employed defendant James Cunningham (Cunningham) during all periods relevant to plaintiffs' complaint On February 25, 2022, plaintiffs sued USC and Cunningham for thirteen causes of action ar...

Excerpt: ...The motion to compel further responses to Defendan€s Request for Production is granted. Further responses without objections (except for those based on privileged) must be served withm I O days after the date of this order. Any responsive and any privilege log shall be served within 10 days after the date of this order. The motion to compel further responses to Defendants form and special interrogatories are demed. The request for sanctions is ...

Excerpt: ... ADMISSION AND FOR MONETARY SANCTIONS AGAINST VAGATOR PRODUCTIONS SARLAND ITS COUNSEL OF RECORD IN THE AMOUNT OF $3,740 Plaintiff Humanoids, Inc.'s Motion for an Order Deeming Admitted the Genuineness of all Documents Request in Plaintiffs First Set of Requests for Admission is DENIED. The request for Monetary Sanctions Against Vagator Productions Sarl and its Counsel of Record is GRANTED. Sanctions in the amount of 51,375 are jointly and several...

Excerpt: ... to Strike portions of the Fourth Amended Complaint is GRANTED as to the allegations pertaining to direct claims and punitive damages and DENIED as to the rest. Moving paror 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/fiduciary duties brought by a corporate shareholder/former director against the subject corporations'...

Excerpt: ... is procedurally Improper, the Court regards it instead as a demurrer to Plaintiffs FAC. The Court sustains the demurrer. At the hearing, the Court wishes to hear from Plaintiff on the issue of leave to amend as Plaintiff filed no opposition to the motion. Moving paror to provide notice and to file proof of service of such notice within five court days after the date of this order. Discussion Factual Background The Court accepts the allegations i...

Excerpt: ...e, LP's First Amended Cross-Complaint. This action arises out of a dispute betureen a security company and one of its former employees. The Cross- Complaint alleges as follows. Pacheco began working for Universal in December, 2019 and was terminated in October 2020 after Universal received three complaints about Pacheco's inappropriate behavior toward other employees. (Amended Cross-Complaint, 7-15.) However, even after he was terminated, Pacheco...

Excerpt: ...ion for Summary Adjudication as to the third cause of action 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 contract The operative Third Amended Complaint ("TAC") alleges as follows. Plaintiff Dennis Luna ("Luna") was deeded property located at 700 Keenan St„ Montebello CA (the "Subject Property/' ) from...

Excerpt: ...y Adjudication is DENIED as to all other issues. 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 brought under the Song-Beverly Consumer Warranty Act ("SBA"). The operative First Amended Complaint ("FAC") alleges as follows. On February 9, 2012, Plaintiff Albert Addis ("Plaintiff) purchased a new 2012 Kia Sportage (the Subject Vehi...

Excerpt: ... to amend should be granted. Plaintiff has not served the following Defendants, and filed the proof of service, in violation of California Rules of Court, rule 3.110: Nina Mendoza, Steven Hannigan, Patrick Westgate, Claudia Velasquez, Dave Henry, and Michele Wilson. The Court issues an Order to Show Cause why the listed defendants should not be dismissed for violation of rule 3.110, and lack of prosecution under Code of Civil Procedure sections 5...

Excerpt: ...laint within five court days after the date of this order. Defendants' Motion for Leave to File a Cross-Complaintis GRANTED. Defendants are to file and serve the Cross-Complaint within five court days after the date ofthis order. Moving parties are ordered 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 residential uninhabitability. The Com...

Excerpt: ...f such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranty contract with FCA by which FCA undertook...

Excerpt: ...D as to the Second, Third and Fifth Causes of Action. 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 Quiet Title. The Complaint alleges as follows. Plaintiff Susana de Loera ("Plaintiff') has been living at 14936 Aztec Street. Sylmar, CA 91342 (the "Sub]ect Property/' ) since 1990. (Compl. 5.) In 1993, Plaintiff entered into a...

Excerpt: ...nce date of June 8, 2023 at II a.m. for review of proposed judgment. Moving paror to provide notice and to file proof of such notice within five court days after the date ofthis order. FACTUAL BACKGROUND This is an action for breach of contract The operative Second Amended Complaint ("SACO alleges as follows. Defendants Danny Gerardi ("Gerardi") and Thomas Atwood ("At•.vood" and collectively with Gerardi, the "Sellers") hired Defendant Rodeo Re...

Excerpt: ... 10 days after the date of this order. Defendant Healthcare Security Service, Inc.'s Request for Monetary Sanctions is GRANTED. Sanctions in the amount of $1,260 are jointly and severally imposed on Plaintiff and Plaintiffs Counsel. Sanctions are payable within I O 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 Th...

Excerpt: ...emainder of Defendants' Motion for Summary Judgment is DENIED. FACTUAL BACKGROUND This is an action for uninhabitability of a rental unit. The Complaint alleges as follows. On August 31, 2016, plaintiff Giovanna Bruna De Azevedo CPIamtiff') entered into a residential lease agreement with defendant Fernando Santos to rent a unit managed by Fernando Santos and defendant Maria Estrella Santos (together, "Defendants") at 149 S. Normandie Ave„ Los A...

Excerpt: ...tter. The Court held oral argument on this motion on May 3, 2023. Defendant Catamount Properties 2018 LLC's Anti-SLAPP Motion to Strike the Third Amended Complaint of Trina Allen is GRANTED. Defendant Catamount Properties 2018 LLC's Demurrer to the Third Amended Complaint is OVERRULED as moot 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...

Excerpt: ...fendant Don Frederick Shefte is hereby vacated and pursuant to the request of Plaintiff Defendant Don Frederick Shefte is DISMISSED WITH PREJUDICE. The Court Sets an OSC Re: Why the Remaining Defendants Should Not Be Dismissed for Failing to Bring the Defendants to Trial Within 5 years (plus SIX months) pursuant to Code of Civil Procedure Section 581 (g), 583.210 and 583.250; and OSC Re: Why Defendant Tom Sims Should not be Dismissed for Failure ...

Excerpt: ...ion 473 (d), based on a claim of lack of proper service, not Section 473(b). The Court notes that if there is any proper motion brought with a sufficient legal basis for setting aside the defaults, the Court would grant such a motion. The Court notes that Defendants offered to accept service through their attorney if Plaintiff would set aside the defaults. The Court urges the parties to meet and confer to see an agreement may be reached. Moving p...

Excerpt: ...otion to Compel the Clerk ofthe Court to Enter Default is DENIED. The Court sets an OSC Re: Dismissal for Failure to Request Entry of Default pursuant to Code of Civil Procedure Section 581 (g) and 583.410 and California Rule of Court 3.110(g) (Case Management Conference Moving parg.' 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 debt col...

Excerpt: ...f this order. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. Plaintiffs Francisco Elias and Teresa Elias ("Plaintiffs") purchased a 2015 Dodge Ram 1500 (the "Subject Vehicle") manufactured by defendant FCA US, LLC ("FCA"). (Compl. I g.) Plaintiff entered into a warranW contract with FCA by which FCA undertook to preserve the utility and performance of the Subjec...

Excerpt: ... a landscaping project Plaintiff Christopher Michael Dowding filed his Complaint against Hilary Susan Rose, Dirty Girl Organic Landcare, and David Michael Talla on February 25, 2021. On April 28, 2022, Plaintiff filed a Doe Amendment naming Todd Blue and Sapphire America, LLC as defendants in this action. On February 21, 2023, the Court granted the motion for summary judgment filed by Defendants Todd Blue and Sapphire America, LLC. On March 2, 20...

Excerpt: ...L BACKGROUND This is an appeal ofa Labor Commissioners Award. PROCEDURAL HISTORY On September 16, 2021, appellant Robert McKiernan ("McKiernan") filed the Appeal of Labor Commissioner's Award. On January 7, 2022, the parties submitted their Trial Briefs. On February 7, 2022, the non-jury trial commenced. On July 13, 2022, the Court entered its Tentative Statement of Decision findmg that Appellant Jimmy Wang ("Wang") could be held personally liabl...

Excerpt: ...anty Act ("SBA"). The Complaint alleges as follows. Plamtiff Maria Zavala ("Plaintiff) purchased a new Nissan Murano (the "Subject Vehicle") manufactured by defendant Nissan North America, Inc. ("Nissan"). (Compl. 8-9.) Plaintiff entered into an express written contract With Nissan by which Nissan undertook to preserve the utility and performance of the Subject Vehicle or provide compensation for Nissan's failure to do such; that warranty period ...

Excerpt: ...Summary Judgment/Summary Adjudication is DENIED as to all other causes of action. FACTUAL BACKGROUND This is an action brought under the Song-Beverly Consumer Warranty Act ("SBA"). The Complaint alleges as follows. In August 2013, Plaintiffs Luis Gonzalez ("Gonzalez") and Maria Horta ("Horta" and with Gonzalez, "Plaintiffs") purchased a 2013 Kia Optima with an express, written warranty, plus a subsequent 10 year/ 120,000 mile warranty extension f...

Excerpt: ...n's arguments as to whether leave to amend should be granted. FACTUAL BACKGROUND This is an action for an unpaid bond. The Complaint alleges as follows. Plaintiff Hartford Fire Insurance Company ("Plaintiff') issued to Defendant Courtney Hanlon dba Hanlon Talent Agency ("Defendant") a License and Permit Bond (the "Bond") in the amount of $50,000.00. (Compl. 7; Exh. A.) The Bond was issued pursuant to an application and indemnity agreement (the "A...