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: ...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: ...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: ... 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: ...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: ... 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: ...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: ... 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: ...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...