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

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: ... 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...