Excerpt: ...ibi's motion to compel Cross-Complainant Del Sol Property Management, Inc.'s further responses to Special Interrogatories, Set One Nos. 2, 5, 8, 11, 13-30, 32, 33, 35, 36, 38, 39, and 41 is granted. Del Sol Property Management Inc. must serve further verified responses without objections within 20 days after the date of this order. Sanctions in the amount of $860 are imposed against Defendant Del Sol Property Management, Inc. and are payable with...

Excerpt: ...emurrers are SUSTAINED as to the remaining causes of action. The motion to strike is GRANTED as to the corporate Defendants and DENIED as to the individual Defendants. Group 1's motion to strike allegations of an Urban Blox criminal enterprise is GRANTED. Group 1's remaining requests are DENIED. The parties should be prepared to discuss the issue of leave to amend. Moving party to provide notice and to file proof of service of such notice within ...

Excerpt: ... meruit, account stated, open book account, and recovery on payment bond. Plaintiff alleges that in March 2022, Defendants entered into a prime contract with the County of Los Angeles to provide the labor, services, equipment, and materials necessary to perform public work improvements at the Whittier Aquatic Center. Thereafter, Defendants subcontracted Plaintiff to perform plumbing and site utilities for the project. Defendants ordered additiona...

Excerpt: ...of action and DENIED as to the remaining causes of action. Moving party to provide notice and to file proof of service of such notice. I. FACTUAL BACKGROUND This is an action for violations of the FEHA, retaliation, wrongful termination, intentional infliction of emotional distress, and Labor Code violations. Plaintiff alleges she was employed by Regus Management Group, LLC between January 2018 and December 2019. Plaintiff alleges that members of...

Excerpt: ...of Health and Safety Code, section 1430(b). Plaintiff alleges that she was a resident of Defendants' skilled nursing facility around March 2022 after receiving surgery to treat rectal cancer. (Compl., ¶¶15-16.) Despite Plaintiff's care plan, Defendants failed to change her dressings, which caused Plaintiff to undergo additional surgery. (Compl., ¶¶20-22.) PROCEDURAL HISTORY On March 13, 2023, Plaintiff Crisia Matis filed her Complaint against...

Excerpt: ...to compel 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...

Excerpt: ...tion for summary judgment on or before December 27, 2023. Hospital is ordered to file a proposed judgment within 10 days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for battery, elder abuse, violations of the Unruh and Bane Acts, Intentional Infliction of Emotional Distress (“IIED”), negligence, and negligent hiring. Plaintiff alleges that on September 8, 2018, she was admitted as a patie...

Excerpt: ...OGATORIES, SET ONE; MOTION TO CONTINUE TRIAL Cross-Defendant Giv Bastanielahabadi's motion to compel Cross-Complainant Del Sol Property Management, Inc.'s further responses to Special Interrogatories, Set One Nos. 2, 5, 8, 11-30, 32, 33, 35, 38, and 41 is granted. Cross-Defendant Giv Bastanielahabadi's motion to compel Cross-Complainant Del Sol Property Management, Inc.'s further responses to Request for Production, Set One Nos. 1-73 and 75-88 is...

Excerpt: ...d from waiver of objections is GRANTED. Sanctions in the amount of $2,316.75 are imposed jointly and severally on Defendant Land Rover Encino and its Counsel of Record. Sanctions are payable within 15 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 violations of the Song Beverly Act. Plaintiff...

Excerpt: ...arty 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 California Family Rights Act, violations of the Labor Code, wrongful termination, and intentional infliction of emotional distress. Plaintiff alleges that she is a former employee of Defendant and worked as a secretary for outpatient surgery and then as a secretary/monit...

Excerpt: ...ROCEDURAL HISTORY On April 21, 2020, Plaintiff Donna Allen filed her Complaint (case number 20STCV15361) against Defendants Matthew Shepherd, Superior Loan Servicing, and By Asset Default Management, Inc. On December 9, 2020, Plaintiff filed a First Amended Complaint. On December 14, 2020, Plaintiff filed Doe Amendments naming Barry Harari, Superior Loan Servicing, By Asset Default Management, Inc., and Catamount Properties as defendants in this ...

Excerpt: ...his order. Defendant Hood must file the proof of service within 20 days after the date of this order. The Court sets an OSC Re: Dismissal of the Cross-Complaint for Failure to File Proof of Service/Failure to Enter Default for January 31, 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for wrongful termination, violations of the Labor Code, false imprisonment, intentional interference with prospective econom...

Excerpt: ...he Demurrer is SUSTAINED as to the Seventh and Tenth causes of action. Plaintiff's demand for monetary damages in paragraph 165 is stricken. The motion to strike is GRANTED as to the demands for punitive damages, civil penalties under LAMC 45.35, and restitution under Business and Professions Code, section 17200, et seq. The motion is DENIED as to the prayer for special damages under Civ. Code, section 1942.4(b)(1). Leave to amend is granted. If ...

Excerpt: ... to form interrogatory 12.1. Plaintiff's motion to compel Defendant's further responses to requests for production is DENIED as to request 25 and GRANTED in part as to Requests Nos. 27 and 29. The Court already granted Plaintiff's motion to compel with respect to requests 26 and 28 on December 12, 2023. Within 20 days after the date of this order, Defendant must produce further verified responses and responsive documents as set forth below. Sanct...

Excerpt: ...sive documents and supplemental responses must be produced within 20 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 20 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 s...

Excerpt: ...set forth below. Within 20 days after the date of this order, Defendant must produce further verified responses and responsive documents as set forth below. Sanctions in the amount of $1,350 are imposed jointly and severally on Defendant and Defendant's counsel of record. Sanctions are payable 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 t...

Excerpt: ...fendant Lila Patel was dismissed from the case on November 21, 2023. Moving party to provide 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 favor of Plaintiff for ingress and egress. The only means vehicles can...

Excerpt: ...GROUND 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 September 2021 because Defendant wanted to meet him. Despite Plaintiff being an openly homosexual man, Defendant aggressively pursued a relationship with Plaintiff. Plaintiff agreed to have lun...

Excerpt: ...ntiff wishes to file a first amended complaint addressing the issues identified with respect to the retaliatory eviction cause of action, Plaintiff must file and serve any first amended complaint with 20 days after the date of this order. Defendant's motion to strike is DENIED. Moving party to provide notice. FACTUAL BACKGROUND This is an action for Intentional Infliction of Emotional Distress (“IIED”) and violations of Civ. Code, section 194...

Excerpt: ...t with respect to RFAs 5-7 which are DENIED. Defendant Levin's motion to compel Plaintiff to serve further verified responses to Defendant's Form Interrogatories, Set One is GRANTED. Defendant Levin's motion to compel Plaintiff to serve further verified responses to Defendant's Special Interrogatories, Set One is GRANTED, except with respect to Requests No. 15 and 16 which are DENIED. Defendant Levin's motion to compel Plaintiff to serve further ...

Excerpt: ...I. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, negligent failure to warn, sexual battery, and sexual harassment. Plaintiff Brandon David alleges he suffered physical and sexual abuse committed by Doe 5, Brandon David's father, between approximately 1987 and 1991 at their home in Anaheim, California, and later North Hills, California. (David Compl., ¶¶56-57.) Plaintiff was raised as a member of the Fellowship (“TLWF�...

Excerpt: ...e 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, Mercedes...

Excerpt: ...uld be prepared to discuss the issue of leave to amend. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song-Beverly Warranty Act and fraudulent inducement and concealment. Plaintiffs allege that they purchased a 2020 Chevrolet Silverado 1500 from Defendant in 2020. The vehicle arrived with defects that Defendant failed to repair despite a reasonable number of opportunities. Plaintiffs allege that Defend...

Excerpt: ...s' motion to deem requests for admission as the genuineness of documents, Set One admitted is granted as to Defendant Antonio Castillo. Plaintiff's motion to deem requests for admission, Set One admitted is granted as to Defendant Antonio Castillo. Plaintiffs' motion to compel Defendant Antonio Castillo's responses to (1) Form Interrogatories, Set One: (2) Form Interrogatories, Set Two; (3) Special Interrogatories, Set One; (4) Special Interrogat...

Excerpt: ...uests for production is GRANTED in part and DENIED in part. The motion is denied with respect to Request No. 9. The motion is denied with respect to Request No. 8, except that documents relating to interviews conducted by the Plaintiff himself must be produced. With respect to Requests 14-15, 45, 48, 50, 52, and 53, the responses are limited to documents from up to five years before the alleged assault and onward. The Court imposes sanctions join...

Excerpt: ...employed by the Los Angeles County District Attorney's Office as a Head Deputy District Attorney. In November 2020, George Gascon was elected to the office of the District Attorney. Gascon released directives that substantially changed the way crimes were to be prosecuted. The directives abolished prosecutors' ability to file crimes against juveniles if the crime also qualified as a strike, prohibited prosecutors from charging juveniles for more ...

Excerpt: ...nation, 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 alleges that she was employed at EWB Bank (“EWB”). Plaintiff was diagnosed with Hodgkin's Lymphoma in October 2017 and went on disability leave to receive treatment. I...

Excerpt: ... LF Assoc, Inc. dba Keller Williams Realty-Los Feliz (“KW”), Darren Hubert, and Joseph Cloninger 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 This is an action for breach of contract, fraud in inducement, negligent misrepresentation, intentional misrepresentation, and negligence. Plaintiffs allege that in December 2020, Plaintiffs...

Excerpt: ...ithout 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 order. FACTUAL BACKGROUND This is an action for breaches of covenants, conditions, and restrictions; enforcement of equitable servitudes; private nuisance; an accounting; breach of fiduciary duty; and elder abuse arising from a burst pipe which damaged Plaintiffs' residence. Plaintiffs allege that a water...

Excerpt: ...ses to Special Interrogatories, Set One is GRANTED. Defendant is ordered to serve verified responses without objections within 10 days after the date of this order. Sanctions in the amount of $2,310 are imposed against Defendant. Sanctions are payable 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 i...

Excerpt: .... With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action based upon the filing of the Interpleader Action. The Director Defendants' motion is DENIED with respect to all causes of action except for the ninth cause of action. With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action b...

Excerpt: ...th Services is granted. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of warranty of habitability, negligence, nuisance, intentional infliction of emotional distress, breach of contract, breach of the covenant of quiet enjoyment, fraud, and housing discrimination. Plaintiff alleges that she leased an apartment from Defendants which Defendants failed to maintain. Plaintiff alle...

Excerpt: ... for breach of contract. Plaintiff alleges that in May 2017, it entered into an ATM Machine placement agreement to place an ATM at Defendant's business and pay Defendant $1.00 per transaction. (Compl., ¶¶7-9.) The contract term was five years, which would automatically renew for an additional term unless written notice was given at least one month prior to expiration of the previous term. (Id.) Plaintiff alleges it never received termination of...

Excerpt: ...rporation is GRANTED as to the first cause of action and DENIED as to the second, seventh, and ninth causes of action, as well as with respect to the demand for punitive damages. Moving party to provide notice. FACTUAL BACKGROUND This is an action for employment discrimination and wrongful termination. The Complaint alleges as follows. Plaintiff Jayne Montarbo (“Plaintiff”) was employed by Defendant Starbucks Corporation (“Starbucks”) for...

Excerpt: ...prevent discrimination, harassment, or retaliation. Plaintiff, an engineer employed by the City of Monrovia Fire Department (“CMFD”), alleges that during a party attended by CMFD employees in December 2021, his image was used in a game of pin the tail on the donkey. (FAC ¶7.) Plaintiff reported the misconduct and agreed not to go through a formal investigation in exchange for departmental training on sexual harassment. (FAC ¶¶11-17.) The t...

Excerpt: ...NTED as to Defendant Duball. Defendant Duball is ordered to serve verified responses without objections to the FROGs within 30 days after the date of this order. Trial in this matter is set for January 27, 2025 at 9:30 a.m., final status conference is set for January 13, 2025 at 8:30 a.m. and post mediation status conference/general status conference is set for May 10, 2024 at 8:30 a.m. Moving party to provide notice to all parties in the litigat...

Excerpt: ...tions to the Special Interrogatories (Set One); Form Interrogatories (Set One) and Requests for Production (Set One) within 15 days after the date of this order. Sanctions in the amount of $2,164.23 are imposed jointly and severally on Sang Chun and Chun's attorney of record. Sanctions are payable within 15 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 th...

Excerpt: ...n for summary judgment in a prior action and OVERRULED as to the allegations that Defendants overbilled Plaintiff. Coulson's Motion to Strike is GRANTED without leave to amend with respect to the billing issue and DENIED as moot with respect to the lost motion for summary judgment. Because Coulson and Epps did not join the motion to strike, this ruling applies to Coulson only. Defendants answers must be served and filed within 15 days after the d...

Excerpt: ...RANTED. Defendants are ordered to file and serve their answer within 10 days after the date of this order. The court sets a nonappearance review date of Re: Status of Defendants' Answer for December 21, 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 is an action for tortious breach of implied warranty of habitability, neglige...

Excerpt: ...ys. Further dates will be set at the hearing. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff KR 6255 Sunset, LLC entered into a 10-year commercial lease with Defendant Kreation Juicery, Inc. on March 31, 2022. Plaintiff now seeks possession of the premises, past-due rent, attorney's fees, forfeiture of the agreement, interest, late fees, operating expenses, rent concessions, liquidated damage...

Excerpt: ...swer to be filed and served within five days after the date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of contract arising from an agreement between Plaintiff Humanoids, Inc. (“Humanoids”) and Defendant Vagator Productions Sarl (“Vagator”) to publish Plaintiff's magazine. Plaintiff alleges that although it exercised its right to terminate their agreement, Vagator continues to contest Pla...

Excerpt: ... are awarded jointly and severally against Plaintiffs Zalfa Halaby, Charles Elkins and their counsel of record. Sanctions are payable 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. The requested information is privileged. If it is not privileged, it is not subject to discovery pursuant to CCP Section 2017.210. Any matter t...

Excerpt: ...r summary adjudication is GRANTED and DENIED as follows. 1 Age Discrimination (FEHA) Denied 2 Associational Age Discrimination (FEHA) Denied 3 Hostile Work Environment on the Basis of Age (FEHA) Denied 4 Retaliation for Engaging in Protected Activity (FEHA) Granted 5 Failure to Prevent Discrimination, Harassment and Retaliation (FEHA) Denied 6 Wrongful Termination of Employment in Violation of Public Policy Denied 7 Breach of Express Oral Contrac...

Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...

Excerpt: ...Corp. is GRANTED. Proposed judgment is to be filed and served within 10 days after the date of this order. The Court sets a nonappearance date of for review of the proposed judgment. 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 an action for medical malpractice arising from medical treatment Plaintiff received in February 2020. Plaintif...

Excerpt: ...cessary to effectuate the change in venue will be set. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. Discussion Code Civ. Proc., Section 397 provides, in pertinent part, as follows: “[t]he court may, on motion, change the place of trial in the following cases…(a) when the court designated in the complaint is not the proper court” or when “(c) when the conven...

Excerpt: .... It is granted as to the cause of action for sexual battery and is granted as to the cause of action for sexual harassment as to the actions of Doe 5. The motion is otherwise denied. Moving party to provide notice. I. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, negligent failure to warn, sexual battery, and sexual harassment. Plaintiff Brandon David alleges he suffered physical and sexual abuse committed by Doe 5, Bran...

Excerpt: ...-Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Jerardo and Esmeralda Leon purchased a new 2019 Cadillac Escalade ESV (the “Subject Vehicle”) manufactured by Defendant General Motors, LLC. (Compl. ¶ 8.) The vehicle was sold with an express warranty. (Ibid.) Plaintiffs repeatedly authorized repair facilities to repair the vehicle, but they were unable to fix the Subject Vehicle. (Compl. ¶42.) Despite the numerous...

Excerpt: ...is order. FACTUAL BACKGROUND This is a dispute over the purchase of a rehabilitation treatment and sober living services provider. The Complaint alleges that Plaintiffs Montana Oasis, Inc. (“Montana”) and Villa Adventures, LP (“Villa”), sole partners of Sea Change Santa Monica, LP (“Operator”), sold Operator to Defendant Sea Recovery 2, LLC (“Recovery”) in June 2022 for cash payments to be made over 450 days under a Unit Purchase ...

Excerpt: ...to discuss the issue of leave to amend the third cause 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 violations of Civil Code, sections 2923.6 and 2923.7. Plaintiff alleges that he owned the property located at 2240 Chelan Place, Los Angeles, CA 90068. (Compl., ¶1.) Plaintiff took out a mortgage loan against the p...