Excerpt: ...Code § 3706) 2. Negligent Hiring 3. Negligent Entrustment & Supervision 4. Failure to Pay All Regular Wages Earned (Cal Labor Code §§ 204, 218.5, 218.6, & 510) 5. Failure to Pay All Overtime Wages Earned (Cal Labor Code §§ 510, 1194, & 1194.2) 6. Failure to Provide Meal Breaks (Cal Labor Code §§ 226.7 & 512) 7. Failure to Provide Rest Periods (Cal Labor Code §§ 226.7 & 512) 8. Failure to Furnish Accurate Wage Statements (Cal Labor Code �...

Excerpt: ...intiff presented his vehicle to authorized dealerships to have the defects repaired, but the dealerships failed to conform the Vehicle to its express warranties. (Complaint, ¶¶ 23-24.) Plaintiff subsequently filed his Complaint on February 2, 2023 alleging the following six causes of action: 1. Fraudulent Concealment and Misrepresentation; 2. Negligent Misrepresentation; 3. Business & Professions Code §17200; 4. Song-Beverly Consumer Warranty ...

Excerpt: ...ed a declaration to the Court at the start of trial requesting a continuance of the trial. The Court denied Defendant's oral motion for a continuance due to lack of diligence, lack of good cause, and prejudice to the Plaintiff. Notably, Defendant had previously received several continuances of the trial. Defendant appeared remotely via LACourtConnect, audio only. The Court entered judgment for Plaintiff against Defendant in the amount of $76,396....

Excerpt: ...d Supplemental Allegations—Unlawful Detainer, ¶ 10.) The complaint alleges that on or about March 31, 2023, Plaintiff had Defendant served, via posting and mailing, with a three-day notice to pay rent or quit (the “Notice”) demanding $57,336.00 in unpaid rent. (Id. ¶¶ 9–10, Exs. 2 & 3.) Defendant has filed a demurrer to the Complaint. Plaintiff opposes the demurrer. Discussion on Demurrer A. Demurrer Standard – “[A] demurrer tests ...

Excerpt: ... GCC entered into a commercial lease agreement wherein Plaintiff agreed to lease the premises located at 8218 Sunset Boulevard, West Hollywood, California 90046 to GCC for a period of five years at an initial base rate of $6,500 per month from September 1, 2020 and August 31, 2021. (Compl. ¶ 9; Exh. A.) Thereafter, the base rate would increase for each subsequent period. (Ibid.) Concurrently with the execution of the commercial lease, Rooney exe...

Excerpt: ...intiff has filed the instant Motion to Enter Judgment Pursuant to Settlement Agreement (CCP 664.6) and for an Award of $2,160.00 in Attorneys and Costs. Defendant opposes the motion. Legal Standard “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the t...

Excerpt: ...oves for summary judgment, or in the alternative, summary adjudication. Defendant does not oppose the motion. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP § 437c...

Excerpt: ...rienced in connection with a residential condominium owned by Plaintiff and managed by Defendant Association through Defendant Eisner. Plaintiff filed the operative First Amended Complaint (“FAC”) on June 10, 2022, alleging the same causes of action against Defendants. Plaintiff has now filed the instant motion for leave to file a second amended complaint. Defendants oppose the motion. Legal Standard Per Code of Civil Procedure section 473, s...

Excerpt: ...ect. During the project, Plaintiffs allegedly learned the general contractor and various subcontractors did not construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs filed this lawsuit against Montalba, Montalba employees David Montalba, Michael Knopoff, Jon Handzo, and Ben McDonald of Montalba (collectively, the “Montalba Defendants”), PBS, and other parties. PBS and the Montalba Defendants (collectively, the “Sett...

Excerpt: ...at the facility failed to comply with ADA standards. (Complaint, ¶ 8 and ¶ 10.) Specifically, Plaintiff alleges that (1) the outdoor dining surfaces did not possess enough knee clearance and (2) that the condiments were located on a counter that was too high to reach. Defendant brings a demurrer and motion to strike the Complaint. Plaintiff opposes the motions. Request for Judicial Notice Defendant requests that the Court take judicial notice o...

Excerpt: ...ntinental Real Estate Services, Inc. (Shaaya and Continental collectively “Cross-Defendants”) seeking, among other things, to invalidate the purchase agreement. On November 29, 2022, Cross-Complainant filed a First Amended Cross-Complaint (“FACC”) asserting causes of action for breach of fiduciary duty, fraud, negligence, negligent misrepresentation, and constructive fraud. On March 20, 2023, the Court sustained Cross-Defendants' demurrer...

Excerpt: ... fails to state facts sufficient to constitute a cause of action against it and is uncertain under Code Civ. Proc. § 430.10(e) and (f). JLL's demurrer is unopposed. Roth Staffing demurs on the grounds that the Court lacks subject matter jurisdiction under Code Civ. Proc. § 430.10(a) since the matter is currently being litigated in arbitration. Roth Staffing's demurrer is also unopposed. As these demurrers challenge the same pleading, the Court ...

Excerpt: ...e in the film despite representations that no nudity would be required or filmed in connection with the movie. Plaintiffs' Complaint asserted seven causes of action against Defendant for sexual harassment, fraud, sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence, and unfair business practices. Defendant previously brought a motion to strike under Code Civ. Proc. § 425.16, which extends pro...

Excerpt: ...revious motion for summary judgment for the following reasons: 1) Plaintiff brought the motion before the 60-day period elapsed from Defendant's first general appearance and thus the motion was procedurally improper, 2) Plaintiff provided insufficient evidence to support his claim under Business & Professions Code § 7031(b), and 3) Plaintiff did not establish the threshold elements of his causes of action for breach of contract or negligence. Le...

Excerpt: ...from the former owner, Lauren Ivester (“Ivester”), Jacobs contends Ritchie is improperly occupying the property, claiming to have a valid interest in the property by virtue of a lease agreement between himself and Ivester entered into prior to the sale of the property to Jacobs. On April 7, 2023, the Court granted Ritchie's motion for leave to file a First Amended Cross-Complaint, which was deemed filed that same day. Ritchie's FACC asserts c...

Excerpt: ...s the Court to take judicial notice of documents filed in this litigation as well as records from the California Secretary of State. Plaintiff's request is unopposed and is GRANTED. Legal Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (C.C.P. §§ 435, 436 & 437.) A motion to strike lies only where the pleading has irrelevant...

Excerpt: ...ims against them. Defendants' motion is unopposed. Legal Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (C.C.P. § 437c(a)(1).) The function of a motion for summary judgment or adjudication is to allow a determination as to whethe...

Excerpt: ...edical Holdings, Inc. (collectively “Defendants”). On April 26, 2023, the Court sustained Defendants' demurrer to Plaintiff's Second Amended Complaint (“SAC”) and granted Defendants' motion to strike Plaintiff's claim for punitive damages. Plaintiff now brings a motion asking for reconsideration of that April 26 ruling. Defendants oppose the motion. Legal Standard Code Civ. Proc. “[s]ection 1008 governs motions for reconsideration, by p...

Excerpt: ...cember 29, 2022, and alleges three causes of action for breach of the duty of loyalty, intentional interference with prospective economic relations, and negligent interference with prospective economic relations. Defendant now brings this demurrer to all of Plaintiff's causes of action, arguing they are preempted by the California Uniform Trade Secrets Act and fail to state sufficient facts to constitute a cause of action against him under Code C...

Excerpt: ...oss-Complaint against Plaintiff and other parties alleging defects in the construction project which formed the basis of Plaintiff's claim. In February 2022, the parties notified the Court that a settlement had been reached as to almost all the parties to the action. Based on this representation, the Court vacated the trial date in this action and set an Order to Show Cause regarding the resolution of the case as to the remaining parties. After g...

Excerpt: ...his personal bank account and then transferred it to his stock account which was in the name of his trust. GM III passed away on December 14, 2020, and Defendant George Montgomery IV (“Defendant”) was appointed the administrator of GM III's estate. Plaintiff alleges Defendant is the sole beneficiary of the GM III trust, and has refused Plaintiff's demand for return of the funds. Plaintiff's Complaint asserts causes of action against Defendant...

Excerpt: ...tion of separate personal injury and malpractice actions brought by Plaintiffs. The Defendants separately brought three motions to strike Plaintiffs' Complaint pursuant to Code Civ. Proc. § 425.16, which extends protections to strategic lawsuits against public participation (“SLAPP” actions). On February 28, 2023, the Court issued an order granting Defendants' motions as to three of the four claims asserted by Plaintiffs. New York Marine now...

Excerpt: ...e, breach of contract, and elder financial abuse, among others. A default judgment was entered against Defendant on November 14, 2019. On October 16, 2020, Defendant filed a motion to vacate the default judgment, which was granted by the Court on September 2, 2021. Defendant then filed an answer by way of a General Denial on September 8, 2021. Plaintiff argued she was not properly served with notice of Defendant's motion to vacate, and on January...

Excerpt: ...in business entities which are relevant to the instant dispute between the parties. Defendant opposes Plaintiff's motion. Legal Standard “Disqualification of counsel may be ordered ‘when necessary in furtherance of justice. (Code Civ. Proc., § 128,¿subd. (a)(5).)'”¿(In re Marriage of Zimmerman¿(1993) 16 Cal.App.4th 556, 562 (quoting¿Elliott v. McFarland Unified School Dist.¿(1985) 165 Cal.App.3d 562, 567).)¿“It is well settled that...

Excerpt: ...ement and a declaration of the parties' respective rights and obligations thereunder. Plaintiff now moves to strike certain paragraphs from Defendant's Cross-Complaint, arguing they are irrelevant to the instant dispute between the parties and have been included solely to embarrass him. Plaintiff separately moves to seal the Cross-Complaint in its entirety, or, alternatively, certain paragraphs of that Cross-Complaint. Defendant opposes Plaintiff...

Excerpt: ...scope of the work to be performed, and failed to competently perform the work. Defendants bring a demurrer to each of these causes of action, arguing each fails to state sufficient facts to constitute a cause of action against them under Code Civ. Proc. § 430.10(e). Defendants separately move to strike certain paragraphs of the Complaint concerning punitive damages, as well as one paragraph from the Complaint's prayer for relief. Plaintiff oppos...

Excerpt: ...�Defendants”) owned the remaining shares in PlusArch. Plaintiffs bring this action asserting Iman was improperly denied profits and distributions from the operation of PlusArch during his life. On April 5, 2023, Plaintiffs filed a Third Amended Complaint (“TAC”). Defendants move to strike the TAC in its entirety, arguing it was filed without leave of Court and is not properly verified. Defendants separately bring a demurrer challenging cert...

Excerpt: ... because he was not properly served with the Summons and Complaint by Plaintiff. Plaintiff opposes Defendant's motion. Legal Standard Courts may set aside a default or default judgment due to lack of actual notice. Code Civ. Proc. § 473.5 states, in pertinent part, that a motion to set aside on this basis must “be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused b...

Excerpt: ...orneys fees and costs as if it were deemed the prevailing party pursuant to Civil Code S 1974. (ld. at 12.) The offer further provided that Defendant would agree to pay $15,000 in such attorneys fees, or Plamtiff could elect to bring a motion to have the Court set the fee award. (ld.) Plaintiff accepted the offer on October 26, 2022, resolving this action. Plaintiff now moves for an award of attorneys fees and costs. Defendant opposes Plamtiffs m...

Excerpt: ...ondent had failed to pay them the 7% commission they were owed under this oral agreement. In a July 13, 2022, Determination of Controversy, the Labor Commissioner found in Petitioners' favor, finding Respondent had improperly withheld commission payments for a time period running from 2015 to 2016. Petitioners now ask the Court to confirm the award of the Labor Commissioner. Their Petition is unopposed. Legal Standard "[T]he proper procedure for ...

Excerpt: ...med entities ABS Shoring, Inc„ and Aim Development, Inc. dba Sol Construction as Defendants. These entity Defendants, together with Mr. Soleimany (collectively "Cross-Complainants") filed a Cross-Complaint against Ms. Soleimany. I'Vhen Ms. Soleimany failed to respond to the Cross-Complaint, default was entered against her. Ms. Soleimany now moves to vacate or set aside the entry of default against her on the Cross-Complaint so she can appear an...

Excerpt: ...three motions to strike Plaintiffs' Complaint pursuant to Code Civ. Proc. 5 425.16, which extends protections to strategic lawsuits against public participation ("SLAPP" actions). On February 28, 2023, the Court issued an order granting Defendants' motions as to three of the four claims asserted by Plaintiffs. M&U now moves for an award of $38,340 in attorneys fees and costs incurred in bringing that anti SLAPP motion to strike and the instant mo...

Excerpt: ...ons that no nudiv would be required or filmed in connection with the movie. Plaintiffs' operative Complaint filed December 30, 2022, asserts seven causes of action against Defendant for sexual harassment fraud, sexual abuse, appropriation of name and likeness, intentional infliction of emotional distress, negligence, and unfair business practices. Defendant now moves to strike Plaintiffs' entire Complaint pursuant to Code Civ. Proc. S 425.16, whi...

Excerpt: ...ng Requests for Admission and the second concerning Form Interrogatories. Defendant opposes both motions, which were previously the subject of an Informal Discovery Conference with the Court In the interest of efficiency, the Court will address the two motions together. Legal Standard Under Code Civ. Proc. S 2030.300, subdivision (a), a court may order a party to serve a further response to an interrogatory. On receipt of a response to interrogat...

Excerpt: ...rings a demurrer to this cause of action, arguing It fails to state sufficient facts to constitute a cause of action against it and is barred by the applicable statute of limitations. Plaintiff opposes the demurrer. Legal Standard VVhen considering demurrers, courts read the allegations liberally and in context (Wilson v. Transit Authority of Ciw ofSacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be appare...

Excerpt: ...lease a 2019 Rolls-Royce automobile. O'Gara subsequently assigned the lease to Plaintiff. Plaintiff alleges Manoukian breached the lease agreement by falling to make required monthly payments and Improperly transferring possession of the vehicle to Radical without Plaintiffs knowledge or consent Plaintiff filed a Complaint on March 15, 2023, allegmg four causes of action for (1) breach of contract, (2) common count, (3) claim and delivery, and (4...

Excerpt: ...l to state facts constituting a defense and are uncertain. Defendant opposes the demurrer. Request for Judicial Notice Plamtiff asks the Court to take judicial notice of Plaintiffs Complaint and Defendants Answer in this action. (Boris Decl. at fml.) Plaintiffs request does not comply with the requirements of Califorma Rules of Court rule 3.11130), which provides "Any request for judicial notice must be made in a separate document listmg the spec...

Excerpt: ...ees improperly access his apartment unit to steal his watches. On February 3, 2023, Defendant filed a Cross-Complaint against Plaintiff alleging a sole cause of action for breach of contract, alleging Plaintiff breached his obligation under the lease agreement to obtain and maintain adequate renter's insurance naming Defendant as an additional Insured. Plaintiff now brings a demurrer to Defendants Cross-Complaint arguing It fails to set forth suf...

Excerpt: ...laint against Plaintiff and other parties alleging defects in the construction project which formed the basis of Plaintiffs claim. In Februaty 2022, the parties notified the Court that a settlement had been reached as to almost all the parties to the action. Based on this representation, the Court vacated the trial date in this action and set an Order to Show Cause regarding the resolution of the case as to the remaming parties. After granting Cr...

Excerpt: ...njured Plaintiff at school. Plaintiff has filed separate motions seeking to compel the depositions of Defendants, and has also filed motions seeking to compel Ms. Del Rosario to provide further responses to written discovery propounded on her by Plaintiff consisting of Form Interrogatories, Special Interrogatories, and Requests for Admission. In total, Plaintiff has filed five discovety motions agamst Defendants, each of which is unopposed. In th...

Excerpt: ...efendant's eviction for non-payment of rent due to Defendant's COVID-19 related financial distress. In advance of the hearing, the Court issued a tentative ruling granting Defendants motion for summary judgment On Februaty 18, 2022, before the Court issued a final order on the summary judgment motion, Plaintiff filed a request for dismissal seeking to dismiss its case withoutprejudice. The dismissal was entered the same day by the Court clerk and...

Excerpt: ...ildhood sexual assault Defendant brings this motion under Code Civ. Proc. 5 1030 to require Plaintiff to post security as a nonresident plaintiff currently residing in New Jersey. Plamtiff opposes the motion. Objections to Evidence Plamtiff objects to the declaration of Michelle Magnier submitted mth Defendant's reply, arguing It was improper for Defendant to include new evidence in its reply as it deprived Plaintiff of the opportunity to respond...

Excerpt: ...Complaint Plaintiff has also separately filed an application seeking the pro hac vice admission of Richard C. Ebeling to act as Plaintiffs counsel in this action. Plaintiffs motions are unopposed, and the Court will address them together. Legal Standard Code Civ. Proc. 5 473(a)(1) provides, in relevant part: "The court may, in furtherance ofjusüce, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or ...

Excerpt: ...urv•asei (collectively "Cross-Defendants'), as well as other individuals, alleging causes of action for breach of that same purchase agreement and fraud concerning the transaction. Cross Defendants now bring the instant demurrer to each of these causes of action and allege a misjoinder of individuals as cross-defendants in this action. Cross Defendants' demurrer is unopposed. The Court notes the instant demurrer makes repeated reference to a Fi...

Excerpt: ...alleged due under an agreement with Defendant Palisades Capital Management LLC ("PCM") for the purchase of 8.33% of the profits received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the "Pratt" property. Defendants' previously brought a demurrer to Plaintiffs' original Complaint which the Court sustained in part and overruled in part, granting Plaintiffs leave to amend. Plainti...

Excerpt: ...nst each other for breach of restrictive covenants and nuisance concerning structures and landscaping located on their respective properties. The Court held a bench trial on the parties' claims and on February 22, 2023, entered judgment in favor of the Hommes, finding them to be the prevailing parties in the action. The Hommes now move for an order awarding them their attorney's fees incurred in this action. The Dv.yers oppose the motion. Legal S...

Excerpt: ...nts ofthe Los Angeles Superior Court. Defendant Radical Studios, Inc„ is a film studio which appears to have contracted With Plamtiff to act as a consultant in connection with certain films. Plamtiffs Complaint in this matter, filed July 22, 2022, asserts one cause of action for fraud agamst all Defendants, alleging Defendants fraudulently induced him to enter into contracts, including one for a film called "Aladdin." On October 11, 2022, the C...

Excerpt: ...ith Disabilities Act concerning the toe clearance under the outdoor dining surfaces at the restaurant. Plamtiffs Complaint alleges bvo causes of action: (1) violation of the Unruh Act and (2) violation of the Disabled Persons Act. Plaintiff seeks injunctive relief, treble actual damages, and statutory damages for each alleged violation of each Act. Defendant now moves to strike the paragraphs of Plaintiffs complaint requesting injunctive relief, ...

Excerpt: ...following the Court's entry of a stipulation filed by the parties which settled Plaintiffs claims against Defendants. As part of this settlement, Defendants were required to make monthly payments to Plaintiff or face entry of a stipulated judgment against them. Plaintiff now moves the Court to vacate the dismissal of this action and enter judgment against Defendants, claiming they have failed to make the monthly payments required by the parties' ...

Excerpt: ...etained Defendants to act as counsel in connection with the accident. Daneshi's claims relating to the accident were eventually settled and Plaintiffs bring this action assertmg they are owed a share of those settlement funds pursuant to the retention agreement befiveen The Law-man Group and Daneshi. Defendants now move to transfer venue to Orange County, arguing venue is proper there as that is where both Defendants reside. Plaintiffs oppose Def...