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: ...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...

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: ...Re: Status of Arbitration of Individual PAGA claims for April 24, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that he was employed by Defendants between June and August 20...

Excerpt: ...rgery under Defendant Kerlan's care on July 1, 2020. (Compl., ¶12.) After surgery, Plaintiff presented to Defendant Jung complaining of ankle pain. (Compl., ¶¶12-13.) Plaintiff underwent a second surgery on July 28, 2021 performed by the surgeon, Jung, and the anesthesiologist, Defendant Yamazaki. (Compl., ¶14.) Plaintiff was administered a nerve block prior to surgery which was supposed to have worn off the same day and did not. (Compl., ¶1...

Excerpt: ...o Requests for Admission, Set One is granted. Defendant Nazarian's Motion to Compel Plaintiff Niakan Family Partnership to provide further responses to Requests for Production, Set One is granted. Plaintiff Niakan Family Partnership shall provide further verified responses without objections (except for those based on attorney client or attorney work product privilege) within 15 days after the date of this order. If any objections are raised base...

Excerpt: ...r fraud, defamation, and wrongful eviction arising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed from their Santa Clarita residence executed in Arthur's favor durin...

Excerpt: ... motion to stay proceedings is GRANTED. At the hearing, the Court will set a status date regarding arbitration. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that she began working as a deliv...

Excerpt: ...ction for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff at Perpetrator 1's home while Perpetrator 1 was babysitting Plaintiff and DENIED as to the remaining causes of action and DENIED as to the cause of action for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff while he was a teacher at Plaintiff's school. Moving party to give notice. I. FACTUAL BACKGROUND This is an action for negligence, neglig...

Excerpt: ... Motion to Strike is DENIED as to punitive damages and GRANTED as to attorney's fees. The ruling with respect to attorney's fees applies to Moving Defendants only. Plaintiff should be prepared to argue the issue of leave to amend with respect to attorney's fees. 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 failure to disclos...

Excerpt: ...ED. Defendant is ordered to serve verified further responses without objections within five days after the date of this order. The Court imposes sanctions in the amount of $400 jointly and severally on Defendant and Defendant's counsel of record. Sanctions are payable within 30 days. 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 ...

Excerpt: ... This is an action brought under the Song-Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Crecencio Rodriguez (“Crecencio”) and Neyla Rodriguez (“Neyla,” together with Crecencio, “Plaintiffs”) purchased a new 2016 Ford Explorer (the “Subject Vehicle”) manufactured by Defendant Ford Motor Company (“Ford”). (Compl. ¶ 9.) The vehicle was sold with an express warranty. (Ibid.) Plaintiffs repeatedly bro...

Excerpt: ...position of Christopher Lopez is GRANTED. Plaintiff is ordered to appear for deposition within 15 days after the date of this order. Sanctions in the amount of $1,425.25 are imposed and are payable within 60 days after the date of this order. County's motion to compel the deposition of Renee Lemos 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 BAC...

Excerpt: ..., 16, 17, and 18 as set forth below and DENIED as to the remaining categories. The PMQ must be produced on or before October 30, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez allege that in March 2020, they purchased a 2020 Chevrolet Silverado 1500 from Defendant. Plaintiffs received an express written warranty in which Defendant undertook to prese...

Excerpt: ..., Plaintiff must file and serve such a complaint within 30 days after the date of this order. The CMC is continued to January 31, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within 30 days after the date of this order. FACTUAL BACKGROUND This is an action for fraud and breach of contract arising from Plaintiff's purchase of a vehicle from Defendant. Plaintiff alleges that on October 31, 2022, she p...