Excerpt: ...ded complaint, they must do so within 20 days after the date of this order. Defendants must file and serve an answer or other responsive pleading within 20 days after service of any amended complaint. The Motion to Strike Treble Damages under Civ. Code, section 3345 is GRANTED 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 order. FACTUAL BACKGROUND T...

Excerpt: ...the date of this order. FACTUAL BACKGROUND This is an action for negligence, negligent hiring, failure to warn, sexual battery, and sexual harassment arising from sexual abuse which began in approximately 1989. (Compl., ¶¶4, 59.) Plaintiff alleges that she suffered sexual abuse between the ages of 6 and 14 from Perpetrator 1 who babysat Plaintiff and children belonging to their church. (Compl., ¶59.) Plaintiff's reported the perpetrator to Doe...

Excerpt: ...Request for Production (Set Two) within 10 days after the date of this order. The request for sanctions is granted. Sanctions in the amount of $460 are imposed jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 10 days after the date of this order. Moving party is 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: ...he date of this order. Moving party to provide notice. FACTUAL BACKGROUND This is an action for declaratory relief, contractual breach of good faith and fair dealing, an accounting, unfair business practices, rescission, breach of fiduciary duty, and injunctive relief arising from a loan Plaintiff entered into in April 2018. Plaintiff alleges Defendants illegally, deceptively, or unjustly qualified Plaintiff for a loan which Defendants knew or sh...

Excerpt: ...Request for Production (Set One) within 10 days after the date of this order. The request for sanctions is granted. Sanctions in the amount of $460 are imposed jointly and severally against Plaintiff and Plaintiff's Counsel of Record. Sanctions are due within 10 days after the date of this order. Moving party is 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: ...ng, the parties must discuss the Plaintiffs' undertaking, the receivers' undertaking, and the terms of the proposed order. Moving party to give notice. 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”), ...

Excerpt: ...um wages, non-compliant wage statements, wages not timely paid upon termination, failure to provide seating, PAGA, and violation of Bus. & Prof. Code, section 17200 arising from disputes over Plaintiffs' employment with O'Reilly Automotive Stores, Inc. PROCEDURAL HISTORY Plaintiff Robert E. Owens originally filed his complaint in December 2011. Later, Raul Michael Pedroza succeeded Owens as Plaintiff and PAGA representative in the Second Amended ...

Excerpt: ...the third, fifth and sixth causes of action. Defendant LA Care's motion for judgment on the pleadings is GRANTED as to the fourth cause of action without leave to amend. Defendant LA Care's motion for judgment on the pleadings is DENIED as to the seventh and eight causes of action without leave to amend. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of implied-in-law and implied-in-fact contract, open account, th...

Excerpt: ... as to the eight and ninth causes of action. Moving party to provide notice. FACTUAL BACKGROUND This is an action for breach of implied-in-law and implied-in-fact contract, open account, third party beneficiary claims, breach of the covenant of good faith and fair dealing, and declaratory judgment arising from a dispute over payment for medical treatment Plaintiffs performed on Defendant's insured members. PROCEDURAL HISTORY Plaintiffs Prime Heal...

Excerpt: ...licious prosecution, to quiet title, fraud, rescission, unlawful and unfair business practices, and unjust enrichment. Plaintiff also seeks an equitable set aside of foreclosure. Plaintiff Montano Investments alleges that Defendant Marc Mendez defrauded Plaintiff of its property by forging its president's signature on a promissory note and fraudulently foreclosing on the subject property. PROCEDURAL HISTORY Plaintiff filed its complaint against D...

Excerpt: ...e Fair Employment Housing Act (“FEHA”), failure to accommodate in violation of the FEHA, and failure to engage in interactive process in violation of the FEHA. Plaintiffs Jose Cardenas, Shawn Workman, Angel Frias, Jared Gilmore, Juan Romo, Leopoldo Gil, Aaron Gray, Marc Salazar, Sergio Salas, Branden Hamada, Harold Salazar, Clifford Herrera, Sally Moctezuma, Andrea Magana, Jose Avalos, Donyann Morgan, Christopher Moreno, Shaun Luciano, Cheron...

Excerpt: ...dants are ordered to file an answer or other responsive pleading with 15 days after service. Moving party to provide notice. FACTUAL BACKGROUND This is an action for harassment on the basis of sex and/or gender and failure to 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...

Excerpt: ...dat, Inc. is DENIED. In the future, Plaintiff should use the procedures set forth in LASC LACIV 221 at paragraph 2, Section 1. Moving party to provide notice. FACTUAL BACKGROUND This is an action for recovery of a security deposit. The Complaint alleges as follows. Plaintiff Unis, LLC (“Plaintiff”) agreed to sublet commercial space from Defendants Seldat Distribution, Inc. and Seldat, Inc. (together, “Seldat”). (Compl. ¶ 7.) Plaintiff re...

Excerpt: ...ty Falco and Josephine Nefsky (“Josephine”) inherited from their mother, Theresa Ruth di Ghilini (“Theresa”). Plaintiff seeks a constructive trust, imposition of the trust, and accounting. Plaintiff alleges that in 1966, Theresa approached her with a quitclaim deed transferring the property to Theresa so that she could refinance the property and replace title to Plaintiff. (FAC ¶12.) Plaintiff signed the quitclaim deed. (FAC ¶12.) There...

Excerpt: ...tion. Defendant is ordered to file the proof of service in advance of the hearing date and to appear at the hearing either remotely or in person. 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 and harassment. The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Juliana Payne (“Plaintiff”) is...

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: ...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: ...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: ...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: ...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: ...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: ... “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.)...