Excerpt: ...ED WITHOUT LEAVE TO AMEND as to the fifth cause of action. Background Plaintiff Michael August filed this lemon law action against defendants Galpin Motors, Inc. (“Galpin”) and Ford Motor Company (“Ford”) relating to plaintiff's purchase of a 2008 Ford F-350 (the “Vehicle”), which he purchased on May 9, 2007. Plaintiff alleges that the Vehicle and its alleged defects in 6.4-liter diesel engine. Defendants previously demurred to the co...

Excerpt: ...d to file a default judgment package by June 6, 2022 that cures the deficiencies set forth below or serve Scherrer by then. Background: On February 1, 2021, plaintiff Garcia Legal, A.P.C., filed this action against defendants Traditional Escrow, Inc., and Annette Lee Scherrer alleging causes of action for breach of contract and open book account. Plaintiff alleges that plaintiff entered into two legal services agreements with Traditional Escrow (...

Excerpt: ...l claims between Accelerate, Damari, and Spector is concluded. At the hearing, Spector may explain why the claims she has brought and says she intends to bring do not arise out of the same transaction or series of related transactions and there is not a possibility of conflicting rulings on a common issue of law or fact.” (Cal. Civ. Proc. Code § 1281.2(c)). Background A. Plaintiff's Complaint On July 28, 2021, plaintiff Accelerate Construction...

Excerpt: ...that the court sets forth in the last section of this ruling below. Counsel should be prepared to address these questions for the court at the hearing. Background A. Plaintiff's Initial PAGA Complaint On October 27, 2020, plaintiff Oscar Gonzalez filed a single cause of action PAGA representative suit, alleging that defendant N S Corporation committed various labor code violations: (1) failing to comply with California law concerning payment of l...

Excerpt: ...s-complaint. The court has spent considerable time identifying with particularity the deficiencies in cross-complainants' allegations. Any amendment should take into account the court's analysis and answer the various questions that the court has raised. The court is not inclined to grant further leave to amend if cross-complainants' second amended cross-complaint is still deficient. Background A. Plaintiff's Pleadings On August 6, 2020, plaintif...

Excerpt: ...filed this action against defendant Kaiser Foundation Hospital, alleging causes of action for (1) violation of Health and Safety Code section 1278.5, (2) violation of Labor Code section 98.6 and 1102.5 (whistleblowing), (3) violation of Labor Code section 6310, (4) hostile work environment, (5) discrimination, (6) retaliation, (7) failure to take all reasonable steps necessary to prevent discrimination, retaliation, and harassment, (8) wrongful d...

Excerpt: ...ackground On July 28, 2021, plaintiff Raul Flores filed this action against defendants Select Produce, Inc., Elliot Michaels, and Craig Poliksy, alleging the following causes of action: C/A 1: Whistleblower Retaliation C/A 2: Wrongful Constructive Discharge of Employment C/A 3: Intentional Infliction of Emotional Distress C/A 4: Breach of Express Oral Contract not to Terminate Employment without Good Cause C/A 5: Breach of Implied-in-Fact Contrac...

Excerpt: ... mandate, initiating this proceeding against defendants Los Angeles County Metropolitan Transportation Authority and its Board of Directors (collectively “MTA”) and Republic Services, Inc. (“Republic Services”), alleging that MTA wrongfully awarded contracts for waste management to Republic Services instead of plaintiff after subjecting plaintiff to extensive inquiries and scrutiny with questionable motives. On March 29, 2021, plaintiff f...

Excerpt: ...every time such an incidence was reported. It is also undisputed that defendant suffered from sleep apnea and cardiomyopathy. The question here is whether plaintiff's sleeping on the job was a cut-and-dry violation of company policy and therefore the reason for termination was non-discriminatory? Or was plaintiff's disability the cause of his sleeping on the job, which then required reasonable accommodation such that a discriminatory animus can b...

Excerpt: ...el. Plaintiff obtained a judgment in Illinois against her ex-husband in the amount of $176,595.40 for defendant's failure to pay child support on March 9, 2021 (the “Sister-State Judgment”). On December 20, 2021, defendant filed a motion to vacate the Sister-State Judgment on the grounds that:  The judgment is not final and unconditional  The judgment was obtained by extrinsic fraud  The judgment was rendered in excess of jurisdictio...

Excerpt: ...this action against defendants Alki David Productions, Inc. (“ADP”), and Alki David. He alleges he was wrongfully terminated by ADP on September 27, 2017 due to his complaints of, and refusal to, participate in unlawful activity. Plaintiff alleges that he protested when ADP demanded that he install hologram equipment in a theater by a September 28, 2017 special private event deadline even though plaintiff reasonably believed that such conduct...

Excerpt: ...surance Trust (the “Trust”), a trust that owned a life insurance policy (the “Policy”) insuring the life of Plaintiff's father, defendant Naftali Deutsch. As part of a broader ongoing family dispute, plaintiff brings this suit against his family members—his father defendant Naftali Deutsch, his ex- wife defendant Deborah Deutsch, his niece defendant Nicole Dreicer (who is also a notary public), and defendant Benjamin Deutsch, Naftali's ...

Excerpt: ....65. Background Plaintiffs John and Judith DeLong filed this action against defendants Engel & Engel, LLP (“Engel”), Douglas Chadwick Biggins (“Biggins”), and First American Title Company (“First American”) for declaratory relief. Plaintiffs' cause of action relates to defendants' efforts to collect a judgment in an underlying case. Plaintiffs alleged that defendants' collection efforts were improper because they were undertaken again...

Excerpt: ...020, plaintiff CA Bijoux Bijoux, Inc. filed this action against defendants Behrouz Messian and Sharona Yeshoufar Messian [1] seeking damages arising from the defendants' alleged theft of funds from plaintiff's bank account. In the operative first amended complaint (filed March 1, 2021), plaintiff alleged the following causes of action against defendants C/A 1: Theft, Embezzlement, and Conspiracy to Steal and Embezzle C/A 2: Conversion and Conspir...

Excerpt: ...e prepared to make a binding admission that they will not seek compensation from the Demblings, by lawsuit or arbitration or otherwise, the court is prepared to grant this application at least as to those parties who were served with the notice of motion. Background On November 10, 2021, plaintiff Stacy Nelson, individually and as trustee of the Stacey L. Nelson Trust Dated September 12, 2018 filed this action against the following defendants: Na...

Excerpt: ...ted to alleged deficiencies and non- conformities of a new 2019 Chevrolet Bolt EV that plaintiff purchased. The original complaint alleged causes of action for:  C/A 1: Breach of Implied Warranty of Merchantability under the Song-Beverly Act  C/A 2: Breach of Express Warranty under the Song-Beverly Act On January 28, 2022, plaintiff filed the pending motion for leave to file a first amended complaint to add a cause of action for Violation o...

Excerpt: ... to why and how the Sheriff's Department was dispatched to petitioner's home (either because there was violent domestic violence occurring or because petitioner called 911 by mistake), in the ensuing melee, petitioner's “life partner” Michael Thomas was shot and killed by the officers. Petitioner seeks damages for emotional trauma and mental anguish. The issue is whether she should be excused for her submission of a late government claim. As ...

Excerpt: ...Counsel's motion for attorneys' fees and approves a fee award of 1/3 of the total settlement amount as reasonable. The court further approves of a $10,000 service award for each of the two class representative plaintiffs. Finally, the court approves of administration costs to the Settlement Administrator in the total amount of $45,051. The additional $3,051 in administration costs that the administrator incurred shall be paid out of any uncashed ...

Excerpt: ...irst amended complaint (“FAC”), filed January 29, 2016, plaintiff allege the 16 causes of action against defendants Thomas Wylde, LLC (“TW”), John Hanna, Jene Park, Shot in the Armoire, LLC, and H&H Fashion, LLC. This action arises from Thomas' termination of employment with TW. Defendant TW filed its own cross-complaint against Thomas and PDTW, LLC. In the operative second amended cross-complaint (“SACC”), filed January 10, 2017, TW ...

Excerpt: ...round A. Pleadings This case arises from a motor vehicle collision that occurred on December 3, 2015, in which claimant Jacqueline Caldea alleges to have suffered injuries. On May 3, 2021, claimant filed a Petition to Assign Case Number and petitioned this court to have a case number assigned in an underlying uninsured motorist arbitration action. Respondent Interinsurance Exchange of the Automobile Club is claimant's insurer. A. Prior Procedural...

Excerpt: .../b/a FirstSource Solutions Tentative Ruling: The Board's second motion for summary judgment is DENIED. FSS's first motion for summary judgment is GRANTED. FSS's associated motion to seal is GRANTED. Background A. Pleadings On February 22, 2019, plaintiff Elizabeth Acosta, D.C. filed this action against defendants Board of Chiropractic Examiners (“Board”) and First Hospital Laboratories, Inc. dba FirstSource Solutions (“FSS”), alleging tha...

Excerpt: ...tion to compel arbitration. The court provides the court's preliminary analysis of the issues raised below, but will not make a final ruling until after the hearing. The court orders Mr. Recino to appear at the hearing in person or by LACourtConnect for plaintiff's cross- examination on the subject of his reply declaration. The parties are to discuss with the court whether or not Dr. Pullman should also be included in arbitration at the hearing. ...

Excerpt: ...or a total award of $42,730.40. Background This is a lemon law action. The case settled through plaintiff's acceptance of defendants' 998 offer of compromise on August 20, 2021, which consisted of damages equal to $145,000 in exchange for return of the vehicle. The offer also provided for attorneys' fees, costs, and expenses in an amount to be determined by motion to the court. On February 10, 2022, plaintiff filed a motion for attorneys' fees an...

Excerpt: ...iled this action against defendants Aids Healthcare Foundation (“AHF”), Statewide Enterprises, Inc. (“Statewide”), and 423 7 th Street, LLC (“423 LLC”), claiming numerous violations of habitability at plaintiff's former residence (the “Madison Hotel”) owned by defendants and other torts allegedly committed during her eviction. While the parties dispute whether plaintiff was a tenant of unit 505 and 506 at the Madison Hotel, a cour...

Excerpt: ...s. Background: Plaintiff Viviriana Guatemala filed this employment action against Defendants Regus Management Group, LLC, and Erika Deras, alleging that she was subject to discrimination, harassment, retaliation, and termination based on her disability. In the then-operative third amended complaint, she alleged the following causes of action against defendants: C/A 1: Disability Harassment in Violation of the FEHA C/A 2: Disability Discrimination...

Excerpt: ...aith and fair dealing. The demurrer is SUSTAINED, with 20 days leave to amend, as to the third cause of action for fraud. The motion to strike is DENIED. Background A. Plaintiff's Pleadings In the operative second amended complaint, [1] plaintiff Francine Kokenis alleges the following causes of action against defendants California Physician's Service doing business as Blue Shield of California and Blue Shield of California (“Blue Cross” or de...

Excerpt: ...Background This is a breach of contract matter involving $141,288 dollars between sophisticated business entities. A. Plaintiff's Allegations On July 13, 2021, plaintiff Cedars-Sinai Medical Center filed this action against defendant Independent Health Corporation (IHC) arising from defendant's alleged failure to reimburse the amount owed for a patient's medical care. Plaintiff alleges causes of action for: C/A 1: Breach of Contract C/A 2: Quantu...

Excerpt: ...lla (“Plaintiff”) commenced this action against Defendants Christopher Pham, Johnson & Pham, LLP (collectively “Pham Defendants”), Emil Hakim (“Hakim”), and Ehab Atalla (“Ehab”) on grounds that he was fraudulently induced to sell his share of Sierra Network, Inc. (“Company”) to Hakim and Ehab for a much lower sale price. Plaintiff alleges that Defendants collectively concealed the fact that they were in negotiations with Al Fa...

Excerpt: ...n.” Plaintiff has established the existence of triable issues of fact as to whether defendant's conduct relative to her discovery violation infers an abandonment of her claims which, if so, would mean that the dismissal of the underlying case was, for plaintiff, a favorable termination on the merits. Procedural Background A. The Underlying Action The parties in this case have been embroiled in a dispute over the dissolution of their law partner...

Excerpt: ...ground A. Plaintiffs' Allegations On September 15, 2021, plaintiffs Victor Aguirre and Claudia Aguirre filed this action against various defendants alleging the following causes of action: C/A 1: Civil Code § 1714.9 C/A 2: Strict Liability (Ultrahazardous Activity) C/A 3: Negligence C/A 4: Premises Liability C/A 5: Loss of Consortium C/A 6: Punitive Damages [1] Plaintiffs' causes of action arise from a fire that occurred on May 16, 2020 that cau...

Excerpt: ...ons that the “interrogatory is premature.” The County sent a meet and confer stating not much more than these Judicial Council interrogatories are indeed capable of being answered and that plaintiff's objections are not well taken. Plaintiff's opposition (filed apparently in opposition to several pending motions to compel) contends that the County did not act professionally in bringing this motion without more informal communication. The Coun...

Excerpt: ...otal of $29,745.67 in costs. Background Plaintiff Laura Diaz as successor-in-interest to Glenn Diaz (“Decedent” or “Mr. Diaz”) and in her own individual capacity brings this action against Defendants Nestle USA, Inc. (“Nestle”), et al. (collectively, “Defendants”) arising from Mr. Diaz's alleged wrongful termination from Nestle, which plaintiff alleges caused his death. Plaintiff commenced this action on November 1, 2018. On Septe...

Excerpt: ...aintiff is awarded $64,473 in reasonable attorneys' fees and $3,079.42 in costs for a total award of $67,552.42. Background This is a lemon law action. The case settled through plaintiff's acceptance of defendant's 998 offer of compromise, which consisted of damages equal to $197,000 in exchange for return of the vehicle. The offer also provided for attorneys' fees, costs, and expenses in an amount to be determined by motion to the court. Judgmen...

Excerpt: ...intiffs filed this action on March 29, 2021 against defendants Kin Hui and Singpoli Pacifica LLC (“SPL”), alleging multiple causes of action for breach of guaranties. On October 4, 2021, plaintiffs filed the operative first amended complaint (“FAC”), alleging causes of action for: C/A 1: Breach of Guaranty (Hui) C/A 2: Breach of Guaranty (SPL) Plaintiffs allege that on June 6, 2018, non-parties Park Place Commercial SPE, LLC and Boardwalk...

Excerpt: ...r fraud. The demurrer is sustained with leave to amend as to the third cause of action. Plaintiff to amend as to the third cause of action within 20 days. Background A. Plaintiff's Pleadings On June 29, 2021, plaintiff Sandra Thompson, an individual and as administrator of the estate of Tommy Thompson, filed this action against Marlowe Joaquin and 515 Irving Avenue, LLC (“Irving LLC”). Except as necessary for clarity, the court will refer to ...

Excerpt: ...ng: Deny. Background On November 5, 2018, Plaintiff Claudia Rivera (“Plaintiff”), a special needs student with a severe intellectual disability, through her guardian ad litem Ericka Aquino, filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Travis Brandy, Eric Fitzpatrick, and Shellie Blackson (collectively, “Defendants”) arising from an alleged sexual assault that occurred on December 11, 2017 at Los ...

Excerpt: ...eleventh cause of action for battery without leave to amend. The demurrer is otherwise OVERRULED. The motion to strike is granted with leave to amend as to plaintiff's alter ego allegations. The motion to strike is otherwise DENIED. The court declines to take judicial notice of the documents so requested by defendants. Even were they to be judicially noticed, it would not change the court's ruling. Plaintiff to amend within 20 days. Background On...

Excerpt: ...nt does not cure the deficiencies set forth in this ruling. Plaintiff to amend within 20 days. Background Plaintiff's Pleadings Plaintiff Cloud Mountain, Inc. (“Plaintiff” or “CMI”) is a manufacturer and retailer of outdoor and indoor furniture whose products are sold online and to major retailers. In July 2020, CMI and defendant Cojecto Inc. (“Cojecto”) entered into a Master Service Agreement (“MSA”) and Work Order for Cojecto to...

Excerpt: ...tever the source of the duty, may such duty be discharged by the allocation of risk provisions in the lease agreement? Is this issue amenable to disposition by demurrer or is it a factual controversy presented by the complaint and the ultimate answer? Background On April 9, 2019, plaintiff Prime Care, Inc. filed this action against defendants Tenantbase, Inc. (“Tenantbase”), Lane Nelson, Realty Advisory Group, Inc. (“Reality”), Mark Repst...

Excerpt: ...otion to strike is otherwise DENIED. Background On March 25, 2020, plaintiffs Paris Croissant Co., LTD., Paris Baguette Bon Doux, Inc., and Paris Baguette America, Inc. (collectively, “Paris” or plaintiffs) filed this action against defendants Ujin Shin and Dongjin Shin, [1] alleging causes of action for: C/A 1: Intentional Fraud C/A 2: Fraud in the Concealment C/A 3: Breach of Contract C/A 4: Breach of Implied Covenant of Good Faith and Fair...

Excerpt: ...st defendant Avraham Hassid (“Hassid” or “Avraham”) and his wife, children, and/or affiliated companies—i.e., Defendants Ladan Hassid, Tal Hassid, Alona Hassid, Towne Stanford Property, LLC, Towne MGF LLC, Zinc Holdings, LLC, Fox Holdings, LLC, Art City Center, LLC, Loftquinox, LLC, ETO Doors Corporation (“ETO Doors”), Whittier City Center, LLC, DTLA Investments, LLC, Happy Acquisitions, LLC, Sherman Way Property Group, LLC, Atrium ...

Excerpt: ...auses of action. The motion to strike is GRANTED with leave to amend. The first amended complaint shall be filed in 20 days. Background: On August 25, 2021, plaintiff Stephen Grollnek filed this action against Defendants Fashion Enya, NB Bros. Corp., Trendz, and Pingo Inc., alleging causes of action for: C/A 1: Breach of Contract C/A 2: Common Counts (reasonable value) C/A 3: Fraud C/A 4: Unjust Enrichment C/A 5: Intentional Infliction of Emotion...

Excerpt: ...iary objections) and questions the court is considering. The court shares this document with the parties in anticipation of oral argument. Questions What, exactly, was the intentional misrepresentation of Dale Self? And when did it occur? What, exactly, is the negligent misrepresentation of Dale Self? And when did it occur? What, exactly, is the concealment—by whom and when? According to plaintiff, what, exactly, would have changed in plaintiff...

Excerpt: ...The motion to strike is granted with leave to amend as to plaintiff's alter ego allegations. The motion to strike is otherwise DENIED. The court declines to take judicial notice of the documents so requested by defendants. Even were they to be judicially noticed, it would not change the court's ruling. Plaintiff to amend within 20 days. Background On September 23, 2021, plaintiff Charles Crosier filed this action against defendants Inglewood Prop...

Excerpt: ...is action against defendants alleging causes of action for: C/A 1: Violation of FEHA (Sexual Discrimination, Sexual Harassment, Retaliation, Failure to take Reasonable Steps) C/A 2: Violation of California Family Rights Act C/A 3: Wrongful Termination in Violation of Public Policy C/A 4: Negligent Hiring, Supervision, and/or Retention C/A 5: Sexual Battery C/A 6: Battery C/A 7: Violation of Ralph Act C/A 8: Retaliation C/A 9: Whistleblower Retali...

Excerpt: ... file its proposed answer as a separate document within 10 days. Background On June 1, 2021, plaintiff filed this action against defendant for open book account. Plaintiff alleges that over the past four years, defendants became indebted to plaintiff's assignor, State Compensation Insurance Fund (“SCIF”), upon an open book account for insurance premiums for the period of January 19, 2019 through January 6, 2020 in the principal amount of $45,...

Excerpt: ...ndants are entitled to reasonable costs for non-FEHA related claims only. To the extent that such a cost is intertwined with a FEHA and/or FEHA-related claim, the court finds that those costs are not allowable. As will be seen below, the court is calling for additional papers to see if defendant can establish its entitlement to costs within this framework, and the court will permit plaintiff to object further. The court notes that the parties hav...

Excerpt: ... parties to obtain further evidence and provide further briefing as set forth below. The parties and the court to discuss deadlines for the parties to complete the tasks below. Background Plaintiff's Allegations On September 5, 2019, Plaintiff Clarissa Vigil, on behalf of herself, all others similarly situated, and the general public, filed this class action (not yet certified) single-cause-of-action PAGA claim against Defendant United Healthcare...

Excerpt: ...ah Jo filed this action against Jinyeung Choi, alleging causes of action for: C/A 1: Breach of Contract C/A 2: Breach of Fiduciary Duty C/A 3: Unjust Enrichment C/A 4: Declaratory Relief Plaintiff is the chief financial officer, director, secretary and 50% equity shareholder of Los Coyotes Veterinary Practice, P.C. (“Los Coyotes”). Defendant is the chief executive officer, director, and 50% equity shareholder of Los Coyotes. Los Coyotes runs ...

Excerpt: ...D. Defendant to file an answer within 20 days. Background Plaintiffs Abel Castaneda and Violeta Cobos filed this lemon law action against defendant General Motors, LLC (“GM” or defendant). Plaintiffs filed a first amended complaint as a matter of right. Defendant filed a demurrer to the first amended complaint, which was sustained with leave to amend. Plaintiffs, thereafter, filed the operative second amended complaint, alleging the following...

Excerpt: ...e to modify the release language related to the aggrieved employees to only a release of “all claims for statutory penalties that could have been sought by the Labor Commissioner for the violations identified in plaintiff's pre-filing letter to the LWDA; Plaintiff does not release any aggrieved employee's claim for wages or damages.” Plaintiff, himself, may agree to a broader release on his own individual behalf.  Attorneys' Fees: Plaintif...

Excerpt: ...arties about the status of (1) arbitration and (2) litigating the employment claims before this court. Background On July 14, 2017, plaintiff Guido Solares filed the original complaint in this action against defendants, alleging the following causes of action: C/A 1: Contract C/A 2: Fiduciary Duty C/A 3: Good Faith Covenant C/A 4: Conversion C/A 5: Fraud By False Promise C/A 6: Wrongful Discharge C/A 7: Detrimental Reliance C/A 8: Labor Code Viol...

Excerpt: ...n against defendants Luis Rosas, Karina Rosas, and any other persons claiming any legal or equitable right in certain property. Plaintiff alleges causes of action for: C/A 1: Declaratory Relief C/A 2: Quiet Title C/A 3: Trespass C/A 4: Nuisance Plaintiff is the owner of real property commonly known as 1043 McDonald Avenue, Wilmington, California 90744 (the “Gonzalez Property”) and defendants are the owners of real property commonly known as 1...

Excerpt: ...E: ALAV's Motion to Consolidate Actions AND RELATED CASES. ALAV's Motion for Judgment on the Pleadings re Tauber Action Tentative Ruling: GRANT the consolidation as to DE MIRANDA, TAUBER and JUDICIAL DISSOLUTION cases. DENY as to SCHLAIFER small claims matter. ALAV's motion for judgment on the pleadings in the Tauber Action is GRANTED as to the second and third causes of action with 20 days leave to amend. Background 1. The de Miranda Action (21S...

Excerpt: ...tiff Bernethel Penland (“Penland” or “decedent”), by and through her successor in interest, Michael Heath, sues defendants Shlomo Rechnitz, Oxnard Manor LP (“Oxnard LP), and Oxnard Manor GP, LLC (“Oxnard GP”) for their failure to provide medical and custodial care to plaintiff while she was staying at defendants' skilled nursing facility. As a result, plaintiff alleges that she suffered a severe stage IV pressure ulcer on her coccyx...

Excerpt: ...st plaintiff and in favor of defendant in the total amount of $1,035.00. Plaintiff is ordered to provide code-compliant responses without objection within thirty days. Background: Plaintiff Jacob Libman filed this action against defendant Country Villa Pavilion, alleging causes of action for: C/A 1: Elder Abuse C/A 2: Violation of Resident's Rights C/A 3: Violation of Civil Rights Defendant was in the business of providing long-term custodial car...

Excerpt: ...nitiate arbitration proceedings within 30 days. Background On January 8, 2020, plaintiff State Farm Mutual Automobile Insurance Co. (“plaintiff” or “State Farm”) filed this action against defendants Lisa Giles (“Giles” or “Insured”), Lashawn Walker, and Stephanie Ned for declaratory relief. Prior to September 29, 2018, plaintiff issued an automobile liability insurance policy to Giles. On September 29, 2018, Giles was operating he...

Excerpt: ...th leave to amend. Provided Brandon Min can adequately explain why he did not meet and confer on the demurrer as required by law, he shall have twenty days to file an amended cross-complaint. Background On December 8, 2020, Plaintiff City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (“plaintiff” or “LADWP”) filed this action against Defendant Yunhee Min, alleging causes of action for: C/A 1: Account ...

Excerpt: ...The court denies BMW's request for costs. The court shall hear from the parties regarding dismissal of this case at the hearing, including dismissal of all claims against Rusnak. Background: Plaintiff Zuleyma Johnson filed this lemon law action against defendants BMW North America, LLC (“BMW”) and Rusnak BMW (“Rusnak”) based on alleged violations of the Song-Beverly Consumer Warranty Act related to plaintiff's lease of 2017 BMW X3. On May...

Excerpt: ... and Young to arbitration only. The case will be stayed as to plaintiff's claims against Core and Young. The court will entertain argument as to whether the action should be stayed as it relates to plaintiff's claims against the remaining defendants. Background: Plaintiff's Allegations Plaintiff Sarena Serrano alleges that she was hired to work for Defendant Core Community Organized Relief Effort (“Core”) at Dodger Stadium testing people for ...

Excerpt: ... action. The demurrer is OVERRULED as to the first and third causes of action. Background: Plaintiff's Allegations Plaintiff Davidian Ouyang filed this action against defendants ESP Group, LTD. (“ESP”), Yun Bo Yang (“Yang”), his wife Yan Wang (“Wife” or “President”), his daughter Yang Yang (“Nancy” or “Daughter” or CEO”), and Shao Xiong Zhou (“Zhou”), alleging causes of action for: C/A 1: Breach of Oral Contract (aga...

Excerpt: ...ff Eurasia Dominique Barnes filed this action against defendant Pico-Union Housing Corporation, alleging causes of action for: C/A 1: Breach of Warranty of Habitability C/A 2: Negligent Maintenance of Premises C/A 3: Nuisance C/A 4: Breach of Quiet Enjoyment C/A 5: Intentional Infliction of Emotional Distress Plaintiff alleges that she was a tenant at an apartment, which defendant owns, since approximately June 2017. Plaintiff alleges that the ap...

Excerpt: ... argument that arbitration language in the Litigation Consulting Agreement (“LGA”) is broad enough to include plaintiff's causes of action against Behfarin (and Does) alone arising under the October 20, 2016 Retainer Agreement. However, the motion is DENIED on the ground that moving party's dilatory conduct constitutes a waiver of the right to compel arbitration and such delay prejudiced plaintiff. Background: Plaintiff's Allegations Plaintif...

Excerpt: ....76. Background Plaintiff American Contractors Indemnity Company (“ACIC”) brings this breach of contract action against defendant Jason L. Matheny for failure to reimburse sums paid from a bond to defendant's business. Defendant executed an indemnity agreement (“Indemnity Agreement”) with plaintiff as a surety for Freight Broker Surety Bond in the amount of $75,000 (the “Bond”), which named defendant's business as the principal. Plain...

Excerpt: ...io, Magiber Aparicio, and Ashley Aparicio filed this action against defendants Carol Holloway and Paul Holloway, alleging causes of action for: C/A 1: Negligence C/A 2: Tortious Breach of Implied Warranty of Habitability Plaintiffs allege that they are all current tenants of a building located at 927 E. 111 th Dr., Los Angeles, California 90059 (the “Property”). They allege that the Property has become severely dilapidated, is infested with v...

Excerpt: ...er motion, for a total sanctions award of $2,940 ($1,470 to be paid by Avalon and $1,470 to be paid by Capital Stone). Avalon and Capital Stone are ordered to provide code‐compliant responses without objection by January 31, 2022. Background: Pleadings Plaintiff Emad Hakim filed his initial complaint against defendants Robert Sprio, Cole Harris, 1999 Sycamore, LLC (“1999 Sycamore”), Capital Stone Holdings, Inc. (“Capital Stone”), Capita...

Excerpt: ...o the “intertwined” claims, an appropriate allocation of allowable costs is 40% to FEHA and 60% to non-FEHA. The court is not inclined to order any costs other than those allowable as “of right”. As will be seen below, the court is calling for additional papers to see if defendant can establish its entitlement to costs within this framework, and the court will permit plaintiff to object further. The court notes that the parties have alrea...

Excerpt: ...s within 30 days. Background This is a lemon law case. Plaintiff Toni Marie Forbes filed this action against Defendants FCA US LLC (“FCA” or “Defendant”) and Orange Coast Auto Group LLC, d/b/a Orange Coast Chrysler Dodge Jeep Ram Fiat (“Orange Coast Chrysler”) alleging various defects and non-conformities related to their purchase of a 2017 Fiat 500x Trekking. They allege causes of action for: (1) Violation of Song-Beverly Act—Breac...

Excerpt: ... Plaintiff Bell Gardens Avenue, LLC (“Plaintiff” or “Bell Gardens”) entered into an agreement for the purchase and sale of real property with Defendant 8000 Bell Gardens, LLC (“Defendant” or “8000 Bell Gardens”) to purchase undeveloped land located at 8000 Bell Gardens Avenue, Bell Gardens, California 91201 (the “8000 Bell Gardens Property”). Plaintiff Bell Gardens and Plaintiff Vanessa Delgado [1] (“Delgado”) (collectivel...

Excerpt: ...Huang (“Plaintiff”) brings this breach of warranty of habitability action against Defendants GHP Management Corporation (“GHP Management”) and Palmer Sixth Street Properties (“Palmer”) (collectively “Defendants”). Plaintiff alleges that, from June 1, 2017 to August 9, 2018, she was a tenant of residential property located at 609 St. Paul Avenue, Apt. 536, Los Angeles, California 90017, which was owned, managed and controlled by De...

Excerpt: ... efforts here by complying with the California Rules of Court and CCP section 877.6 The court has no problem with the proposition that the settling defendants' settlement is “in the ballpark” and so far, at least, no other party seems to think otherwise. But if settling defendants want the peace they seek by a determination of good faith settlement, they need to comply with California Rule of Court, Rule 3.1382, in the particular that, “[t]...

Excerpt: ...ing was the Second Amended Complaint (“SAC”) which asserted a cause of action for unlawful detainer against Defendants Simon Benarroch and Kelly Benarroch (collectively “Defendants”). The SAC alleged in pertinent part that Defendants failed to pay rent pursuant to an oral agreement related to a property located at 110 N. Detroit, Los Angeles, CA 90036 (the “Property”). Plaintiff alleges that Defendants failed to pay the rent due for O...

Excerpt: ..., Plaintiff Rosa Salomon alleges the following causes of action against Defendants Yvonne Salomon (Plaintiff's mother) and SNB Management, LLC (an entity that Yvonne Salomon solely owns) (“SNB”): C/A 1: Injunctive Relief C/A 2: Promissory Estoppel C/A 3: Specific Enforcement of Inter-Vivos Gift C/A 4: Declaratory Relief SNB owns, among other things, a residential condominium unit in which Plaintiff resides and has resided since 2000. Plaintif...

Excerpt: ...Rodriguez, Robert Rodriguez, and Rowan Investment Properties, initiating 19STCV18505 (currently pending in Dept. 51) (referred to as “Troung Larsen I” or “Lead Case”). The lead case involves an alleged breach of a 2017 partnership/joint venture agreement between Larsen, Troung, and Robert Rodriguez to construct a residential property on an unimproved lot at 5136 E. La Calandria Way, Los Angeles, California (the “Calandria Property”). ...

Excerpt: ...Yehoshua Bendavid and Maria Benavides filed this action against Defendant Kia Motors America, Inc. (“Defendant” or “Kia”), alleging various defects and non-conformities related to their purchase of 2015 Kia Soul. On October 22, 2021, Defendant filed a motion to compel arbitration, based on an arbitration provision in the Retail Installment Sales Contract (“RISC”) that Plaintiff signed with the dealership for the sale of the vehicle. T...

Excerpt: ... fees and $2,699.45 in costs for a total award of $25,660.70 as against Defendant Ford Motor Co. only. Background This is a lemon law action. The case settled through Plaintiff's acceptance of Defendants' 998 offer of compromise, which consisted of repurchase of the vehicle for $52,000 less any remaining loan balance on the vehicle and attorneys' fees equal to $8,500 or an amount determined by the court. On November 12, 2021, Plaintiff filed a mo...

Excerpt: ...endants Goyang Holding Company (“Goyang”), Jin Hong (“Hong”), Sam Pil Park (“Park”), Jak Wood LLC (“Jak”), Jessica Klivans (“Klivans”), Hobart Partnership (“Hobart”), and William Lawson (“Lawson”), alleging causes of action for fraud, breach of contract, and negligence. The court sustained a demurrer to the complaint with leave to amend. On April 15, 2021, Plaintiff filed the operative first amended complaint (the “F...

Excerpt: ...n against Defendants Kelly Nam (“Nam” or “Defendant”) and all persons unknown, claiming legal or equitable right, title, estate, lien, or interest in the property described in the Complaint adverse to Plaintiffs' title or any cloud upon Plaintiffs' title (collectively, “Defendants”), alleging causes of action for: C/A 1: Quiet Title (Prescriptive Easement) C/A 2: Declaratory and Injunctive Relief C/A 3: Private Nuisance C/A 4: Trespas...

Excerpt: ...ingle claim under the Private Attorneys General Act (“PAGA”) against Defendant Zum Services, Inc. (“Defendant”). Plaintiffs allege that Defendant has misclassified its driver as independent contractors and unlawfully committed Labor Code violations. On March 23, 2020, Plaintiffs filed a first amended complaint. Defendant moved to compel arbitration and the trial court granted the motion, ordering into arbitration the “issue of arbitrabi...

Excerpt: ...ng: Deny. Background On November 5, 2018, Plaintiff Claudia Rivera (“Plaintiff”), a special needs student with a severe intellectual disability, through her guardian ad litem Ericka Aquino, filed this action against Defendants Los Angeles Unified School District (“LAUSD”), Travis Brandy, Eric Fitzpatrick, and Shellie Blackson (collectively, “Defendants”) arising from an alleged sexual assault that occurred on December 11, 2017 at Los ...