Excerpt: ...merica without prejudice. Due to the Court being dark, the dismissal was entered on September 18, 2023. On September 19, 2023, both Plaintiff and Defendant Bank of America appeared in Court. Two motions had been set for hearing that day, a motion for summary judgment filed by Bank of America and a motion for leave to file a second amended complaint to add a cause of action against Bank of America to the complaint. At that time, the Court noted th...

Excerpt: ...m Levi is OVERRULED. Moving party to give notice. 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 Property”). Plaintiffs allege Defendants T.N.L. Construction Inc. (“T.N.L. Construction”), and TNL Renovation Inc. (“TNL Renovation”), to whom T.N.L. Construction assigned its rights and duties ...

Excerpt: ...alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments. (Compl. ¶¶ 11-12.) Roy received the first payment of $100,000 but not the installment due on September 30, 2019, which makes the entire balance ...

Excerpt: ...ty, negligent supervision, negligent infliction of emotional distress, public nuisance, and professional negligence. Plaintiffs Renee Lemos and Christopher Lopez Jr., by and through his guardian ad litem Rene Lemos, allege that in December 2019, the Office of Environmental Health and Safety notified Plaintiffs that the drinking water coming from water fountains at Lopez's school contained unsafe levels of lead. (SAC ¶¶21-24.) On December 12, 20...

Excerpt: ...enial of reasonable accommodations, failure to engage in the interactive process, intentional infliction of emotional distress, failure to pay overtime wages, failure to prove and rest breaks, failure to provide itemized statement to employee, violation of labor code section 206.5, and violation of CFRA/FMLA leave rights. Plaintiff Tamika Youngblood alleges that she was employed with the County of Los Angeles (“County” erroneously sued as Dep...

Excerpt: ...DILLON AND SNI Plaintiff's Motion to Compel Defendant Sound Nutrition, Inc.'s Further Response to Requests for Production (Set Two) is GRANTED in part and DENIED in part. Defendant Sound Nutrition Inc. is ordered to provide supplemental responses to Request Nos. 16 and 17, any responsive documents and a privilege log if needed within 25 days after the date of this order. Plaintiff's Motion to Compel Defendant Dillon's Further Response to Request ...

Excerpt: ...mitting pretrial discovery of Defendants' financial condition is GRANTED. Defendants Stephen Copen, Naghmeh Makhani, and 611 Gayley Avenue, Los Angeles 90024's motion for a protective order is DENIED. Moving parties to provide notice. FACTUAL BACKGROUND This is an action for unlawful entry, wrongful eviction, constructive eviction, tenant harassment, breach of contract, breach of the covenant of quiet enjoyment, negligence, false imprisonment, pr...

Excerpt: ...ive documents and supplemental responses must be produced 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 lemon law case. Plaintiff alleges that in July 2013, she entered into an agreement with Defendant to purchase a 2012 Chevrolet Sonic vehicle which included an express written warranty. Durin...

Excerpt: ...DRICH & ROSATI, ROBERT KORNEGA, AND ZACHARY MYERS The application for determination of good faith settlement filed by Defendants Wilson Sonsini Goodrich & Rosati, Robert Kornega, and Zachary Myers is GRANTED. At the hearing, an OSC Re: Dismissal must be set with respect to the three defendants who have settled. At the hearing, the parties should be prepared to discuss the impact on this application of the naming of two Doe defendants on August 25...

Excerpt: ... The parties should be prepared to discuss the issue of leave to amend. Moving party to give notice. FACTUAL BACKGROUND This is an action for sexual battery, sexual assault, negligent, negligent supervision, and intentional infliction of emotional distress arising from a sexual assault which is alleged to have taken place in March 2016. Plaintiff alleges that Defendant Tremain Aldon Neverson, aka Trey Songz, sexually assaulted her during a party ...

Excerpt: ...zar, Marc Salazar, and Shaun Workman are GRANTED. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is an action for discrimination, failure to accommodate, and failure to engage in an interactive process in violation of FEHA arising from a COVID vaccine policy implemented in September 2021. Plaintiffs Joe Cardenas, Shawn Workman, Angel Frias, Jared Gilmore, Juan Romo, Leopoldo Gil, Aaron Gray, Ma...

Excerpt: ...ogatories (set one) and request for production and motion to deem request for admission (set one) admitted are denied as moot. ADP Inc.'s requests for sanctions are granted. Sanctions in the amount of $1,545 are imposed jointly and severally on Plaintiff and Plaintiff's Counsel of Record. Sanctions are 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 court days...

Excerpt: ...mplaint, they are ordered to do so within 20 days after the date of this order. Defendants are ordered to file an answer or other responsive pleading within 20 days after service of any first amended complaint. The stay is lifted. 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 professional negligence arising from legal represe...

Excerpt: ...ght under the Fair Employment and Housing Act (“FEHA”). The operative First Amended Complaint (“FAC”) alleges as follows. Plaintiff Rodrigo Sanguino (“Plaintiff”) was hired by Defendant Copart, Inc. (“Copart”) in September, 2000. (FAC ¶ 11.) In the latter part of his employment with Copart, Plaintiff was diagnosed with a debilitating mental disability that required him to take a medical leave. (FAC ¶ 15.) Between 2015 and 2019 P...

Excerpt: ...te of this order. Humanoids must file an answer or other responsive pleading within twenty days after service of the first amended cross-complaint. All discovery and motion cutoff dates remain based on the September 26, 2023 trial date, except that Humanoids' cutoff date to conduct discovery and file motions relating to the new cause of action brought in the first amended cross-complaint is based on the new trial date. If any witness previously d...

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...