Excerpt: ...otion for summary adjudication is granted as to the second and third causes of action and denied as to the first cause of action. This is a personal injury action. On March 9, 2020, Plaintiff Myra Garcia (Plaintiff) alleges that she was injured when she tripped and fell entering an elevator (Elevator) in the lobby of the Manulife Plaza building, 515 South Figueroa Street, Los Angeles, California 90071 (Property). Plaintiff contends that as she en...

Excerpt: ...on is moot. This is an employment discrimination case brought by Plaintiff Vivian Alecio against former employer, Jet Aviation Flight Service, Inc., and her former supervisor, Janelle Jaque (Jaque) (jointly, Jet Aviation). Plaintiff alleges her employment was terminated based on her sex, including conditions such as pregnancy related to her sex, and her pregnancy disability. Jet Aviation moves for summary judgment, or in the alternative, summary ...

Excerpt: ...D GIFT TRUST #2 dated November 1, 2021 Responding Party: None Tentative Ruling: The Motion for Determination of Good Faith Settlement is granted. This lawsuit concerns construction defects by Designing Edge Builders, Inc. (Cross- Defendant and Cross-Complainant) in connection with the remodeling of Michael Karlin's house. On January 13, 2020, Plaintiff BMC West LLC filed a Complaint against Designing Edge, asserting causes of action for Breach of...

Excerpt: ... of Los Angeles.” On July 24, 2023, Defendant County of Los Angeles (County) filed a demurrer the Complaint. No opposition was filed. The demurrer was sustained with leave to amend. On October 4, 2023, Plaintiff filed a 108-page “Complaint Statement Amended.” On October 6, 2023, the County filed a demurrer. That demurrer is the matter before the Court, set for hearing on November 14, 2023. But on October 9, 2023, Plaintiff filed a 61-page �...

Excerpt: ...bitability case brought by thirty-eight residential tenants who rent, or have rented, units in a building located at 215 West Sixth Street in downtown Los Angeles (Property). Plaintiffs Michael Laguerre, Robert Alvin Johnson, Kerry-Ann Morrison, Joselyn Garcia, Alexander Mattera, Whitney Coss, Eric Bradley, Arman Musakhanyan, Damaris Cervantes, John Michael Triana, Jamar Hart, Natali Babiyans, Jamal Shakir, Alisa Garrett, Keith Thomas, Thomas Syr...

Excerpt: ...o a Code of Civil Procedure section 998 Offer to Compromise in the amount of $109,000. The parties were, however, unable to reach an agreement as to the amount of reasonable attorney fees or costs – thereby necessitating a motion for attorney fees and this motion to tax costs. By way of background to this litigation, Plaintiffs purchased a new 2016 Kia Optima (Vehicle); the Vehicle was manufactured and distributed by Kia Motors America, Inc. (D...

Excerpt: ...the 2018 Baja 1000 Race in Ensenada, Mexico (Race). The Race was owned and operated by Defendant Promote Mexico, LLC dba Score International (Promote Mexico). On October 30, 2018, Plaintiff entered into an agreement as an independent contractor with Defendant Monster Energy Company (Monster Energy) to attend the Race. At the Race, a vehicle driven by Defendant Morgan Langley (Langley) and owned by COPS Racing, LLC (COPS Racing) and Langley Produc...

Excerpt: ...es of action; with respect to the fifth cause of action, leave to amend is limited to alleging the injunctive relief as a remedy. The motion to strike is moot. This case arises from an insurance coverage dispute. The Complaint alleges that, on June 7, 2020, Plaintiff Jonathan Rhee's property was partially destroyed by a fire that started in the garage of his residence located at 907 Larker Ave., Los Angeles, CA. At the time of the fire, Plaintiff...

Excerpt: ...erate a recording studio; Plaintiff and Defendant also allegedly shared a romantic relationship. Plaintiff alleges Defendant never performed on his business obligations and withheld funds from Plaintiffs. On October 21, 2022, the Complaint was filed, alleging causes of action for (1.) breach of contract, (2.) breach of implied covenant of good faith and fair dealing, (3.) constructive trust, (4.) negligent misrepresentation, (5.) intentional misr...

Excerpt: ...pute. Plaintiff Brian Koos was employed by Defendant Regents of the University of California, UCLA (UCLA) as an Obstetrics and Gynecology Physician with medical privileges at the Ronald Reagan UCLA Medical Center. Plaintiff alleged that he was retaliated against for protected activity under Health and Safety Code section 1278.5 (Section 1278.5) for making a report to the facility and medical staff and initiating an investigation. The Complaint, f...

Excerpt: ...that she rented the real property commonly known as 1318 N. Applewood Lane La Puente California (Property) from Defendant Marina Flores. In 2018, Flores offered to sell the Property to Plaintiff contingent on her improving her credit and on her making monthly payments on the mortgage of the Property; if the Property sold at any time, Defendant Marina Flores agreed that Plaintiff would be entitled to all equity from the Property after the sale cos...

Excerpt: ...ained in its entirety with leave to amend. This case arises out of an alleged breach of an oral joint venture agreement to jointly purchase real estate. Plaintiffs Morad Ben Neman and Lancaster Eagle, LLC (Plaintiffs) filed suit against Defendants Payam Bahari, Freydoon “Fred” Bahari Moghadam, Haim Bahari, Tal Bahari, and three entities: (1) 114 Grand Cypress, LLC, (2) Cavalini, Inc., and (3) Caster Modelo, LLC (collectively, Defendants). On ...

Excerpt: ...erty located at 1842 W. 50th Street, Los Angeles, CA 90062 (Property). Plaintiff Salome Davis (Plaintiff) alleges that Defendant Prestige Default Services (Prestige), the foreclosure trustee, embezzled property by recording different title documents and that Defendant Prestige committed fraud by not providing notice of the Property sale. On June 12, 2023, Plaintiff sued Defendants Mikel Hoorizadeh, Jospeh Trenk, and Prestige Default Services, LLC...

Excerpt: ...n for Summary Judgment is denied. The Motion for Summary Adjudication is granted as to Morgan Langley on Issues 1‐ 4, 8, and 9, and otherwise denied. This action arises out of injuries sustained by Plaintiff Magna Angel (Plaintiff) during the 2018 Baja 1000 Race in Ensenada, Mexico (Race). The Race was owned and operated by Defendant Promote Mexico, LLC dba Score International (Promote Mexico). On October 30, 2018, Plaintiff entered into an agr...

Excerpt: ...is an action for breach of contract arising from real estate commissions. In the Complaint, Plaintiffs Jeffrey H. Anderson and Anderson Real Estate Group (Plaintiffs) allege that Defendant KJ Ticehurst owes Plaintiffs $67,729.75 in commission arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiffs; Plaintiffs further allege Defendants Coralyn Wahlberg, Claudia Pardon, and Think Re Management, Inc. (collectively, De...

Excerpt: ...oot. On September 12, 2014, Plaintiff Marlene Soria (Plaintiff) purchased a 2014 Chevrolet Cruze (Vehicle). Plaintiff alleges that, at the time of the purchase, her Vehicle contained defects covered under the express warranty and that Defendant General Motors LLC (GM) failed to repair the Vehicle in compliance with the warranty. Plaintiff also claims that Defendant GM's fraudulent conduct contributed to her decision to purchase the Vehicle. On Ju...

Excerpt: ...ntiff) filed a Complaint against Defendant Ocok, LLC, alleging a single cause of action for a violation of the Unruh Act (Civil Code section 51, et eq.). A default judgment was entered against Defendant Ocok, LLC on January 14, 2022, in the amount of $11,290.02 (Judgment). On April 14, 2022, Plaintiff assigned the Judgment to her counsel of record, Calhoun & Associates (Judgment Creditor). On September 27, 2023, Judgment Creditor now moves the Co...

Excerpt: ...iff Banco Popular North America filed a Complaint against Defendants Empire Media Enterprises, Inc. and Lionel Jenkins (Defendants). A judgment was entered against Defendants on April 3, 2009 (Judgment). On June 23, 2023, Defendant Lionel Jenkins now moves for order Extinguishing the Judgment Lien pursuant to Code of Civil Procedure section 683.020. No opposition was filed. The motion is denied. DISCUSSION Defendant Jenkins moves on the grounds t...

Excerpt: ...econd cause of action to allege as remedy and sustained without leave to amend as to the eighth cause of action. This action arises over a dispute on a promise to transfer stock in Defendant Partanna Global Inc., (Partanna) by Defendant Sam Marshall (Marshall) to Plaintiff James Webster (Plaintiff or Webster) . On June 29, 2023, Plaintiff filed a Complaint alleging causes of action for (1.) breach of contract, (2.) specific performance, (3.) inte...

Excerpt: ...lving a construction project. On January 13, 2023, Plaintiff Touchstone Marble, Inc. sued Defendant J Allyn Construction Inc. (J Allyn Construction), alleging a breach of contract in the amount of $73,000 for failure to pay for services rendered. On February 14, 2023, Plaintiff Touchstone Marble and Granite filed a First Amended Complaint, substituting in and replacing Plaintiff Touchstone Marble, Inc. On March 13, 2023, Cross-Complainant Jeffrey...

Excerpt: ...nd Mehmet Dogru Tentative Ruling: The Demurrer to the First Amended Complaint is sustained without leave as to the first and second causes of action as to Defendant Kumar only, overruled as to the third and fourth causes of action, and sustained with leave as to the fifth cause of action. The Motion to Strike is granted with leave to amend. On February 28, 2022, Plaintiffs Olga Shnayder and Mehmet Dogru (Plaintiffs) sued Defendants Western Fertil...

Excerpt: ...lisa Ortego (Plaintiff) filed a Complaint on January 13, 2022, alleging a single PAGA cause of action complaint against her former employer, Defendant Magic Laundry Services, Inc. (Defendant). The PAGA claim incorporated numerous Labor Code violations. On September 28, 2023, Defendant filed a motion to compel arbitration pursuant to the parties' arbitration agreement. In opposition, Plaintiff argues the arbitration agreement includes a specific P...

Excerpt: ... part for a total of $119,090 in attorney fees. The request for costs is granted in the reduced amount of $24,119.07. This is an action under the Song-Beverly Act in which Armando De La Paz and Melissa Gomez (Plaintiffs) alleged defects in a 2013 Land Rover Range Rover (Vehicle). Plaintiffs sued Jaguar Land Rover North America, LLC and Symes Cadillac, Inc., (Defendant or Jaguar) for breach of express and implied warranties. Plaintiffs now move fo...

Excerpt: ...st for costs is granted in the reduced amount of $38,421.65. Plaintiffs move for an award of attorneys' fees and costs. The parties settled this Song- Beverly matter except as to those issues. This is an action under the Song-Beverly Act in which Jaime and Phyllis Martinez (Plaintiffs) alleged defects in a 2013 Ford Escape (Vehicle). Plaintiffs sued Cerritos Ford, Inc. and Ford Motor Company (Defendant or Ford) for breach of express and implied w...

Excerpt: ... denied. This is a landlord-tenant dispute over habitability. Plaintiffs are tenants who reside in an apartment complex located at 544 E. 15th St., Long Beach, CA 90813 (Property). Plaintiffs allege that their respective units contained – among other conditions – inadequate plumbing, improper electrical wiring, a vermin infestation, and other unsafe and unsanitary premises, all in violation of Civil Code section 1941.1 and Health and Safety C...

Excerpt: ...o (Plaintiff) alleges defects in a 2020 Chevrolet Malibu (Vehicle). Plaintiff purchased the Vehicle on August 20, 2020. Plaintiff brought the Vehicle for service to GM's authorized repair facility on numerous occasions. The Complaint asserts breaches of express and implied warranties against General Motors, LLC (Defendant or GM). Defendant GM now moves for summary judgment, or, in the alternative, summary adjudication on the claims for express wa...

Excerpt: ...ve Ruling: The Petition to Confirm the arbitration award is granted. The Petition to Vacate the arbitration award is denied. Plaintiff Da'Qunisha De Bose (Plaintiff) sued her former employer, Public Storage and her former manager Robert Arredondo (Defendants), for: (1.) wrongful termination in violation of public policy; (2.) racial discrimination in violation of the FEHA (Govt. Code 12940(a)); (3.) racial harassment in violation of FEHA (Govt. C...

Excerpt: ... by Plaintiffs Aaron Caver (Caver) and Tynisha Knox (Knox) against Defendant Kia Motors America, Inc. (Kia) and DOES 1-10. Plaintiffs are cæowners of a 2015 Kia Soul (Vehicle). Initially, Knox leased the Vehicle by herself in December 2015 from Kia of Downtown. Then, in January 2020, Knox and Caver purchased the Vehicle together. On November 23, 2021, Defendant Kia filed a motion for summary judgment. Plaintiffs opposed the motion. On December 6...

Excerpt: ...parza (Plaintiff) purchased a 2022 Honda Accord Hybrid (Vehicle) from Defendant Ford of Montebello (Dealer). Thereafter, the Vehicle suffered from numerous defects that required repairs starting in November 2, 2015 at 39,242 miles. The Complaint alleges that “despite these repair visits, [Ford] and its authorized dealers failed to conform the subject to FMC's warranties after a reasonable number of repair attempts.” (Compl., ¶ 20.) The Compl...

Excerpt: ...mez (Plaintiff) against his employers, Defendants Duckmill LLC dba Berkshire House, Berkshire Restaurant and Rami Haddad. The Complaint was filed on August 17, 2021. On March 16, 2022, Defendants Duckmill LLC dba Berkshire House, Berkshire Restaurant and Rami Haddad filed a joint answer. On August 2, 2023, the Court struck the answer of Duckmill, LLC and Rami Haddad and entered default as to these parties. Plaintiff now moves for default judgment...

Excerpt: ...rn HR, Inc. (Plaintiff) had a Client Services Agreement with a hospital located in St. Louis, Missouri known as South City Hospital (SCH) to provide human resources services. In the course of providing these services, SCH had become indebted to Plaintiff in the amount of $800,000. Plaintiff announced its intent to terminate its agreement with SCH and declare a default. In May 2022, Defendant American Healthcare Systems Corp., Inc. entered into ne...

Excerpt: ... Gayle Mullen, (Plaintiff) in the probate estate matter of her ex-husband, Steven Mullen (Decedent). On December 1, 2009, Plaintiff was awarded a Judgment of Dissolution in the amount of $263,035 in child support arrearages with prejudgment interest of $238,724.02 for a total judgment of $501,759.04 (Support Judgment). On February 17, 2022, Decedent died, and, on February 23, 2022, a Petition for Letters of Administration was filed in case number...

Excerpt: ...emurrer to the first, third, fourth, fifth, sixth, tenth, eleventh twelfth, and thirteenth causes of action are overruled. The County of Los Angeles (County) brings this action for contractual fraud and false claims against Nexus IS, Inc. (Nexus), Dimension Data North America, Inc. (Dimension Data), NTT America Solutions, Inc. (NTT), Presidio Networked Solutions Group, LLC (Presidio), Tel/Pro Voice and Data, Inc. (Tel/Pro), Oasis Integration, Inc...

Excerpt: ...ristopher Rivera to operate a recording studio; Plaintiff and Defendant also allegedly shared a romantc relationship. Plaintiff alleges Defendant never performed on his business obligations and withheld funds from Plaintiffs. On October 21, 2022, the Complaint was filed, alleging causes of action for (1.) breach of contract, (2.) breach of implied covenant of good faith and fair dealing, (3.) constructive trust, (4.) negligent misrepresentation, ...

Excerpt: ...ndant Nicole Narian (Defendant); Defendant breached the terms of the lease by failing to pay the rent due. Default was entered on November 3, 2022. On November 4, 2022, the Court entered default judgment as to Defendant on the issue of possession only. On May 18, 2023, Defendant Narian moved to set aside the entry of default and default judgment. No opposition was filed. The motion to set aside the entry of default and default judgment is denied....

Excerpt: ...y fees of $1,000. This action arises from a landlord-tenant dispute. The Complaint alleges landlords, Defendants Mario Garrido, Edgar Garrido, and Manuel Mendoza (Defendants) owned and managed an uninhabitable apartment building where Plaintiffs resided. On January 18, 2022, Plaintiffs Karime Caetano and Javier Caetano Tapiz (Plaintiffs) filed a Complaint alleging causes of action for (1.) negligence, (2.) breach of implied warranty of habitabili...

Excerpt: ...ie Cortez purchased a 2022 Honda Accord Hybrid (Vehicle). Thereafter, the Vehicle suffered from “nonconformity to warranty to, including, but not limited to, brake system, electrical, vehicle stops on its own, low speed brake control problem, steering, and other defects.” The Complaint further alleges Defendant American Honda Motor Co., Inc., (Defendant or Defendant Honda) refused or failed to make necessary repairs. The Complaint seeks resti...

Excerpt: ...plaint is sustained without leave to amend. The Motion to Strike is granted without leave to amend. This action arises out of an employment dispute. Plaintiff Lynette Whiting (Plaintiff) alleges that, while working for Defendants California Department of Corrections and Rehabilitation and California Correctional Health Care Services (Defendants), she was discriminated against, harassed, and retaliated against because of her membership in several ...

Excerpt: ...gwood Management Corp. Responding Party: (1.) None (2.) None Tentative Ruling: The Motion to Compel Arbitration is granted in part and denied in part; the Motion to stay is granted. This lawsuit involves the quality of care that decedent Isaac Smith (Decedent) received during his residency at Defendant Longwood Manor Convalescent Hospital, a skilled nursing facility. On November 30, 2022, Plaintiffs David Smith, Isaac Smith, Jr., and Joseph Smith...

Excerpt: ...f) during the 2018 Baja 1000 Race in Ensenada, Mexico (Race). The Race was owned and operated by Defendant Promote Mexico, LLC dba Score International (Promote Mexico). On October 30, 2018, Plaintiff entered into an agreement as an independent contractor with Defendant Monster Energy Company (Monster Energy) to attend the Race. At the Race, a race truck driven by Defendant Morgan Langley (Langley) and owed by COPS Racing, LLC (COPS Racing) and La...

Excerpt: ...d MetLife Legal Plans, Inc. Responding Party: (1.) Plaintiffs Rhonda Rothstein and Cal First Responders Insurance Agency Inc. (2.) Plaintiffs Rhonda Rothstein and Cal First Responders Insurance Agency Inc. Tentative Ruling: Defendant County of Los Angeles Fire Museum Association, Paul Oyler, and Paul Schneider 's demurrer to the Fifteenth, Sixteenth, and Seventeenth Causes of Action is sustained without leave to amend. Defendants Metropolitan Lif...

Excerpt: ..., Inc. $557,955.96 plus post-judgment interest, accruing from September 16, 2020, within sixty days of August 21, 2023. This action arises from a dispute over ownership of certain real property (Longwood Property), originally owned by Fannie Marie Gaines (Fannie) and Milton Gaines (Milton). As this matter involves nearly two decades worth of factual and procedural history, including multiple Court of Appeal rulings, the Court will limit the backg...

Excerpt: ...rruled in part, and the demurrer to third cause of action is sustained without leave to amend. The Motion to Strike is denied. This action arises over a dispute over entitlement to the distribution of certain music royalties. Plaintiff Capucine Jackson (Jackson) is the widow and successor-in-interest to music producer Johnny Jackson a/k/a Johnny J (Johnny J) who passed away in 2008. Johnny J produced numerous music recordings for the late recordi...

Excerpt: ...t 1130 Rosalind Avenue, Los Angeles, CA 90023 (Property). On May 24, 2018, Plaintiffs Rudy Montalvo and Guadalupe Montalvo (Plaintiffs) filed a Complaint alleging they were the true fee simple title owners of the Property and had been dispossessed through the fraudulent actions of Defendants. On September 19, 2018, Plaintiffs filed a First Amended Complaint (FAC) against Defendants Osbaldo Martinez, OG Global Investments, Inc., Anna Marroquin, Gi...

Excerpt: ...s Mezzanine Borrower, LLC Responding Party: (1.) Plaintiff Control Air Enterprises (2.) Plaintiff Control Air Enterprises (3.) Plaintiff Control Air Enterprises Tentative Ruling: Defendant Webcor Construction, L.P.'s demurrer to fifth cause of action is sustained with leave to amend, and the demurrer is sustained without leave to amend as to the ninth and tenth causes of action. Defendant Next Century Partners, LLC's demurrer to the first cause o...

Excerpt: ...omplaint against Defendant Centinela Car Wash, Inc. (Defendant Car Wash) and Defendant Hooman Nissani (Defendant Nissani) alleging Defendants had become indebted to Plaintiff in the amount of $146,621.50. On May 8, 2023, the Court entered default against Defendant Car Wash. On July 27, 2023, Defendant Car Wash moved to set aside the entry of default based on attorney fault. No opposition was filed. The motion to set aside the entry of default is ...

Excerpt: ...ngeles.” On July 24, 2023, Defendant County of Los Angeles (Defendant) filed a demurrer to the Complaint. No opposition was filed. The demurrer is sustained with leave to amend. Legal Standard for Demurrers A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. Code Civ. Proc. § 430.30, subd. (a); see also Blank v. Kirwan (1985)...

Excerpt: ...ranted in the amount of $2,000. On December 31, 2014, Plaintiff Michael Flint (Plaintiff) filed a complaint against Defendant Pamela Koslyn (Defendant) alleging Defendant failed to pay rent and breached her fiduciary duty owed to Plaintiff arising from Defendant's prior attorney-client relationship with Plaintiff. On June 3, 2015, the Court granted Defendant's motion to compel this matter to arbitration. On December 20, 2017, the arbitrator enter...

Excerpt: ...etween Plaintiffs Raymundo Ortega and German Ignacio Hernandez Santos (Plaintiffs) and Defendant Rebeca Espinoza Gonzalez (Defendant). On March 22, 2023, Plaintiffs filed a Complaint. Defendant filed a demurrer. On July 14, 2023, Plaintiffs filed a First Amended Complaint (FAC) containing a single cause of action for forcible entry. On July 26, 2023, Defendant filed a demurrer the FAC. Plaintiffs filed an opposition to the demurrer. No reply was ...

Excerpt: ...ike is granted. This is a Song-Beverly action. In June 2021, Plaintiff Mandy Cohen (Plaintiff) purchased a 2021 Chevrolet Bolt EV (Vehicle). On March 30, 2023, Plaintiff sued Defendant General Motors, LLC (GM) alleging three breach of warranty claims under Song-Beverly, and causes of action for fraudulent concealment, negligent misrepresentation and violation of Business and Professions Code section 17200. The Complaint alleges that GM was aware ...

Excerpt: ...Production of Health Records (Filed 4/26/23) (3.) Motion To Quash Defendants Deposition Subpoena for Production of Business Records to the U.S. Depaftment of Labor, Wage & Hour Division (filed 4/26/23) Plaintiff Tanya Williams Defendant Southern California Permanente Medical Group (1.) The Motion to Quash is Granted. (2.) The Motion to Quash is Granted. (3.) The Motion to Quash is Granted. Background In this wrongful termination matter against De...

Excerpt: ...by Defendant David Klass Wholesale Jewelry (Defendant Employer) from approximately August 2019 through November 2022; she alleges that Defendant Employer violated numerous labor laws and unlawfully terminated her in retaliation for her reporting the sexual harassment committed by Defendant Elad Iton, an alleged “business partner” of Defendant Employer. (Compl., ¶ 10.) The Complaint contains causes of action for (1) Misclassification as an In...

Excerpt: ...ator (Kator) and Guardnow, Inc. (Guardnow). In the instant action, Plaintiffs Lakayla Burrell and Justine Notto now seek to enforce this underlying judgment against Defendant Speech Improvement Center, Inc. (Defendant or Speech Improvement Center). Plaintiffs allege that they previously worked for Kator and Guardnow. On September 13, 2019, Plaintiffs obtained a judgment against Defendant Kator and Guardnow in the sum of $350,162.80 for California...

Excerpt: ... to the representative claims. In this employment action filed on June 6, 2023, Plaintiff Russell Louis Parrish (Plaintiff) filed a single PAGA cause of action complaint against his former employer and their subsidiaries, parents, and agents, Pacific PG LLC (Pacific PG), PJ Cleveland LLC (PJ Cleveland), and PJ Escondido Inc. (PJ Escondido) (Defendant Entities), and against the owner of Defendant Entities, Ahmad R. Melezadeh (Melezadeh). The Compl...

Excerpt: ...c. (Plaintiff) obtained a money judgment from the Netherlands court against non-party Jossiv Kim (Jossiv) relating to a loan agreement. Jossiv then absconded to Los Angeles County and fraudulently transferred some of his money to his wife, non-party Angelina Kim (Angelina). Plaintiff then sued in Los Angeles County in September 2017 under the Uniform Foreign Money- Judgment Recognition Act, requesting that the Netherlands Judgment be given force ...

Excerpt: ... without leave to amend. The motion to strike is granted with leave to amend. This case arises out of an incident involving a water truck falling into a sinkhole. Plaintiff Steve Martinez dba Agua Dulce Water Trucks & Transportation (Plaintiff) alleges that on May 14, 2021, his water truck fell into a sinkhole on a vacant lot property owned by co-defendants, Newhall Land & Farming Co. (Newhall), and Five Point Holdings, LLC (Five Point), in Valen...

Excerpt: ...d with leave to amend. On February 7, 2022, Plaintiffs George Small III (Decedent) (by and through his Successor in Interest, Barbara Small), Barbara Small, and Kent Small (collectively, Plaintiffs) filed their initial complaint in this action. The Complaint contains causes of action for (1.) elder abuse and neglect, (2.) negligence, and (3.) wrongful death. On July 11, 2023, Defendant Nicholas Jauregui, M.D., Inc. dba Supportive Care Medical Gro...

Excerpt: ...ion is granted. In this employment dispute action, filed on February 7, 2023, Plaintiff Myesha Smith (Plaintiff) filed a twelve-count complaint against her employers, Defendants Mar Vista Country Villa Healthcare & Wellness Centre, LP, Rockport Healthcare Support Services, LLC, and Modern HR, Inc. (Defendants). The allegations include FEHA violations, wrongful termination claims and Labor Code violations. On June 23, 2023, Defendants filed a moti...

Excerpt: ...ent is denied. Alternatively, the Motion for Summary Adjudication is granted in part and denied. Plaintiff alleges she was terminated by her employer, Defendant Patient Preferred Dermatology Medical Group, Inc. (Medical Group), a dermatology medical practice, for unlawful and discriminatory reasons. On December 15, 2020, the Complaint was filed. It alleges causes of action for (1.) discrimination in violation of FEHA, (2.) harassment in violation...

Excerpt: ...uced amount of $1,145.51. Plaintiff moves for an award of attorneys' fees and costs. The parties settled this Song- Beverly matter except as to those issues. In 2015, Plaintiff purchased a new 2015 Chevrolet Silverado 1500 vehicle (Vehicle) manufactured and distributed by Defendant General Motors (GM), which provided an express written warranty. After experiencing numerous performance issues, multiple repair attempts, and seeking a vehicle buybac...

Excerpt: ...l Keswick), 300 W. Glenoaks, LLC (300 W. Glenoaks), and Pacific Auto Recycling Center, Inc. (PARC) (collectively, RHA Defendants) Responding Party: Plaintiff Dean Delis, Margaret (Meg) Delis, Delakis LP and DMD Investments LLC Tentative Ruling: The Motion for Summary Adjudication is denied. On November 5, 2021, Plaintiffs Dean Delis, Margert Delis (Meg), Drew Delis, Delakis LP, and DMD Investments LLC (collectively, Plaintiffs) filed the Third Am...

Excerpt: ... (Defendant, Debtor, or Davis ) filed a Claim of Exemption with regard to two accounts held at LPL Financial Holdings Inc: LPL Financial Holdings Inc., Account Nos. 4441-3831 and 7026-7699. On April 3, 2023, Plaintiff and Judgment Creditor Douglas Bagby (Plaintiff or Bagby) filed a Notice of Opposition to the Claim of Exemption. On June 26, 2023, Judgment Creditor filed an Amended, Supplemental Opposition to this Notice of Exemption. On July 6, 2...

Excerpt: ...aintiff Daisy Navia (Plaintiff) filed an eleven-count complaint against her former employer, Defendant Dollar Tree Stores, Inc. (Defendant). The allegations include FEHA violations, wrongful termination claims, an intentional infliction of emotional distress claim, and a Business and Professions Code section 17200 claim. On July 11, 2023, Defendant filed a motion to compel arbitration pursuant to a 2020 “Mutual Agreement to Arbitrate Claims;”...

Excerpt: ...iled o/n April 14, 2023, Plaintiff Monet Sterling (Plaintiff or Sterling) filed a single PAGA cause of action complaint against her employer, Defendant Dothan Security, Inc. (Defendant or DSI). The Complaint seeks relief for Plaintiff both individually and as a representative of other employees. It alleges that Plaintiff brings this action “on behalf of herself and other current and former employees subject to violations of the Labor Code.” T...

Excerpt: ... Elizabeth Meyers (Plaintiffs) filed their initial complaint in this action. On March 28, 2023, a First Amended Complaint (FAC) was filed, alleging causes of action for (1.) Violation of Electronic Funds Transfer Act, (2.) Violation of 18 U.S.C. § 1343, et seq., (3.) Unauthorized Access to Computers in Violation of Penal Code § 502, et seq., (4.) Negligence, (5.) Fraud, (6.) Breach of Contract, (7.) Conversion, (8.) Unjust Enrichment, (9.) Inva...

Excerpt: ...l Motors (Defendant) for (1) breach of implied warranty under Song-Beverly Act, (2) breach of express warranty under Song- Beverly Act, and (3) concealment. Defendant General Motors demurred to the third cause of action in the FAC. The Court overruled the demurrer. Defendant now moves for summary adjudication on the FAC. Plaintiff opposes the motion. The Motion for summary adjudication is denied. Plaintiff's objection to Defendant's evidence is r...

Excerpt: ... brought by thirty-eight residential tenants who rent, or have rented, units in a building located at 215 West Sixth Street in downtown Los Angeles (Property). Plaintiffs Michael Laguerre, Robert Alvin Johnson, Kerry-Ann Morrison, Joselyn Garcia, Alexander Mattera, Whitney Coss, Eric Bradley, Arman Musakhanyan, Damaris Cervantes, John Michael Triana, Jamar Hart, Natali Babiyans, Jamal Shakir, Alisa Garrett, Keith Thomas, Thomas Syrowski, Justin G...

Excerpt: ...ion to strike is granted. Background On October 27, 2022, Plaintiff Creditors Adjustment Bureau, Inc. filed a complaint against Defendant City Business Shipping, Inc. (City Business) for (1.) breach of contract, (2.) open book account, (3.) account stated, and (4.) reasonable value. The Complaint alleges that prior to the commencement of this action, these claims were assigned to Plaintiff by Plaintiff's Assignor, State Compensation Fund (State F...

Excerpt: ...; MTB1 Group, LLC (MTB1); Nashville West, LLC (Nashville); Valley View Group, LLC (Valley View) (collectively, Borrower Defendants); the Non-Borrower Defendants, including Padaro Holdings, LLC (Padaro Holdings); Padaro Trails, LLC (Padaro Trails); Blue Syrah, LLC (Blue Syra”); 1001 McDonald Way, LLC (McDonald); and Keswick Consulting, LLC (Keswick) (collectively, Non-Borrower Defendants) Responding Party: Plaintiff Dean Delis, Margaret (Meg) De...

Excerpt: ...hat Defendant Shields for Families, Inc. (Defendant), her employer, refused to accommodate her fibromyalgia medical condition and ultimately terminated her employment. Defendant moves to strike the request for punitive damages from the First Amended Complaint. Plaintiff opposes the motion, contending that the allegations are sufficient to support this request. The motion to strike the request for punitive damages is denied. Legal Standard “The ...

Excerpt: ...g a breach of the lease and common counts against Defendant Joshua Macciello (Defendant). On June 20, 2023, Defendant moved to quash service of process. He argues that the process server left a copy of the summons and complaint at a location that is not his usual place of abode, business, or mailing address, and did not deliver the summons and complaint to the person in charge. Plaintiff opposes the motion. The Court grants Defendant's motion to ...

Excerpt: ...led this Song-Beverly matter pursuant to a Code of Civil Procedure section 998 Offer to Compromise in the amount of $109,000. The parties were, however, unable to reach an agreement as to the amount of reasonable attorney fees – thereby necessitating this motion for attorney fees. By way of background to this litigation, Plaintiffs purchased a new 2016 Kia Optima (Vehicle); the Vehicle was manufactured and distributed by Kia Motors America, Inc...

Excerpt: ...n Dinaali (Plaintiff) initiated this action against the Defendant Bridge Property Management, LC, James E. Murphy (Bridge Defendants), and the Nevada Attorney General. On December 9, 2022, the Bridge Defendants filed an anti-SLAPP Motion, targeting all of Plaintiff's causes of action except for the causes of action for intentional interference with contract and common counts. On January 12, 2023, the Court granted the Bridge Defendants' anti-SLAP...

Excerpt: ...surance companies and their agent for procuring an unsatisfactory insurance policy. In January 2019, Plaintiff entered into discussions with M.L. Enterprise, LLC concerning Plaintiff's interest in storing merchandise in a warehouse leased by M.L. Enterprise (M.L. Warehouse) beginning in April 2019. One of Plaintiff Rotax's requirements was that M.L. enterpirse obtain insurance to provide coverage in the event of damage to Plaintiff's goods at the...

Excerpt: ... breach of contract arising from real estate commissions. In the Complaint, Plaintiffs Jeffrey H. Anderson and Anderson Real Estate Group (Plaintiffs) allege that Defendant KJ Ticehurst owes Plaintiffs $67,729.75 in commission arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiffs; Plaintiffs further allege Defendants Coralyn Wahlberg, Claudia Pardon, and Think Re Management, Inc. (collectively, Defendants Think M...

Excerpt: ...leges Defendant Nicholas Behunin, who was represented by attorney Leonard Steiner and his law firm Steiner & Libo, P.C., brought a civil action against Plaintiff Charles Schwab and his son, Michael Schwab, arising from several related business ventures that Behunin and Schwab pursued together (Underlying Action). In the complaint against Plaintiff Charles Schwab in the Underlying Action, Behunin described details of the Schwabs' alleged personal ...

Excerpt: ...nt on the Pleadings is denied. This is wrongful death and elder abuse action. On July 16, 2021, Plaintiffs filed a Complaint alleging causes of action for (1) Elder Abuse/Neglect, (2) Negligent Hiring & Supervision, and (3) Wrongful Death. On that same day, Plaintiff Reginald Nelson filed a declaration pursuant to Code of Civil Procedure secton 377.32 asserting he was the successor in interest to the estate of Plaintiff Bertha Nelson. Defendants ...

Excerpt: ...ly and on behalf of all aggrieved employees, filed a representative action complaint against Fashion Nova, LLC, Fashion Nova, Inc., Nova Fashion, Inc., and Fashion Nova Holdings, LLC. The Complaint alleges a violation of the California Labor Code Private Attorneys General Act (PAGA) based on allegations that the companies failed to maintain adequate temperatures in the workplace. On December 6, 2021, Plaintiff added FN Logistics, LLC as a defenda...

Excerpt: ... for a New Trial is denied. Defendant's Motion for Judgment Notwithstanding the Verdict is denied. This Beverly-Song Consumer Warranty Act action involved the trial of two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. The operative pleading alleges Plaintiff Dayna Campbell leased a 2017 BMW 530e on June 17, 2017; the lease term was 36 months, expiring on June 17, 2020. Plaintiff filed...

Excerpt: ...iff PM Andy's Liquor alleges causes of action against Defendants Jane Suong Tran-Bresler (Tran-Bresler) and Eric Nhan Tran (Tran) for (1) Breach of Contract (Business Purchase Agreement), (2) Breach of Contract (Lease Agreement), (3) Fraud, (4) Promissory Estoppel, and (5) Declaratory Relief. Plaintiff alleges that its predecessor, Harbinder Singh, executed a “Business Purchase Agreement” (Purchase Agreement) to purchase “Kenny's Liquor & J...

Excerpt: ... a collection action brought by Plaintiff Sketch International, LTD. (Plaintiff or Sketch) to collect money due on garments (Subject Garments) sold by Plaintiff Sketch to Defendants Hem & Thread, Inc. and Mystree, Inc. (Defendants). The operative pleading, the Second Amended Complaint (SAC), alleges causes of action for (1.) Breach of Contract, (2.) Common Count, (3.) Accounting, (4.) Open Book Account, and (5.) Quantum Valebant. [1] Defendants H...

Excerpt: ...a states that while shopping at Superior Grocers an employee assaulted Sylla. Plaintiff states that Plaintffs was later arrested for vandalism. Defendant City of El Monte (City) now demurs to the Complaint. No opposition was filed. The Court sustains the demurrer without leave to amend. The City's request for judicial notice of Exhibit 1 is denied. Legal Standard for Demurrers A demurrer is an objection to a pleading, the grounds for which are ap...

Excerpt: ...otion to strike as to the punitive damages allegations. The Court denies the motion to strike as to prejudgment interest. This is an action under the Song-Beverly Act in which Plaintiffs Khakimdzhon Khakimdzhanov and Fayzullo Khakimdzhanov (“Plaintiffs”) allege defects in their 2020 Kia Optima against Kia America, Inc. (“Defendant”). The Complaint and Second Amended Complaint assert three claims for breach of express, one claim for breach...

Excerpt: ...ca, Inc., and NTT America Solutions, Inc. demurrer is SUSTAINED as to second, third, fourth, fifth, sixth, seventh, and ninth cause of action, and OVERRULED as to the first, eighth, tenth, twelfth, and thirteenth causes of action. Defendant Presidio Networked Solutions Group, LLC demurrer is SUSTAINED as to second, third, fourth, fifth, sixth, seventh, and ninth cause of action, and OVERRULED as to the first, eighth, tenth, twelfth, and thirteent...

Excerpt: ...e Motion for Summary Adjudication is granted as to Issue Nos. 1 and 3, and denied as to Issue Nos. 2 and 4. Plaintiffs Megan Meadowcroft and Amber Brown (Plaintiffs) were sexually harassed and wrongfully terminated by their employer, Silverton Partners, Inc. d/b/a Keyways Vineyard and Winery (Silverton). A jury in a lawsuit brought by Plaintiffs found Silverton liable under FEHA and the court entered judgment in the approximate amount of $11 mill...

Excerpt: ... in which Marlene Soria (Plaintiff or Soria) alleged defects in her 2014 Chevrolet Cruze (Vehicle) against General Motors LLC (Defendant or GM). The original Complaint alleged breach of warranty claims. In June 2022, Plaintiff amended the Complaint to add a claim for violation of the Consumer Legal Remedies Act (CLRA) and the Magnuson-Moss Warranty Act. In January 2023, the Court sustained GM's Demurrer to the First Amended Complaint with leave t...

Excerpt: ...demurrer is sustained as to Plaintiff's second and fourth causes of action, without leave to amend. This is an action involving breach of contract. Capucine Jackson (Plaintiff) is the surviving spouse of Johnny Jackson (Jackson). She alleges that Amaru Entertainment Inc. (Defendant) owes her certain statutory royalties under a May 21, 2001 agreement (Agreement) between Jackson and Defendant. The royalties are presently held by SoundExchange, a th...

Excerpt: ... New Trial is DENIED This is a quiet title action in which the Plaintiff alleges she holds title to certain real property, located at 1303 S. Western Ave., Los Angeles, California (the “Property”), as community property in connection with the dissolution of her marriage to her former husband, Atef Abdou, in LASC Case No. BD559444 (the “Dissolution Action”). Plaintiff's sole cause of action is for quiet title. Motion to Set Aside and Vacat...

Excerpt: ...Mirna Cuellar and Hector Cuellar sued Defendant May Fok in her individual capacity and as trustee of the Fok Family Trust for breach of contract and various Labor Code violations, such as failure to pay minimum wage and waiting time penalties. Plaintiff Mirna Cuellar alleges she worked as the property manager of an apartment building (Property) pursuant to a written agreement. Plaintiff Hector alleges he entered into an oral agreement to provide ...

Excerpt: ...d, wrongful foreclosure and quiet title. The Complaint sought to quiet title on the real property located at 1229 Forest Ave., Pasadena, CA 91103 (Property) on the grounds that a deed purporting to convey title to Defendant Louis Durkee to the Property was void as it was procured by fraud. The Complaint further alleges that following Defendant Durkee's acquisition of the Property, Durkee mortgaged the Property in the amount of $403,920 and therea...

Excerpt: ...t of landlord tenant dispute. On November 21, 2022, Plaintiffs Diana Taylor and Zahniyah Elcan (Plaintiffs) filed the operative Complaint (Complaint) for (1) negligence, (2) breach of contract, (3) tortious breach of implied warranty of habitability, and (4) violation of Los Angeles Municipal Code section 45.33. Defendants Lutheran Gardens, LP and Barker Management, Inc. (Defendants) demur to second cause of action for breach of contract. Defenda...

Excerpt: ...led an eight-count complaint against her employer, Defendant Covenant Care Long Beach, Inc. (Defendant or Covenant). The allegations include FEHA violations, wrongful termination claims and Labor Code violations. On April 25, 2023, Defendant filed a motion to compel arbitration pursuant to a Mutual Arbitration Agreement. In opposition, Plaintiff argues the arbitration agreement is both invalid and unenforceable based on unconscionability. The mot...

Excerpt: ...lectively, “Defendants') for breach of express written contract, breach of implied contract, breach of the covenant of good faith and fair dealing, wrongful termination, discrimination, retaliation, harassment, violation of California Labor Code section 230(c),(e), and (f) and 230.1, violation of Labor Code section 1198.5, whistleblower retaliation, fraud, intentional infliction of emotional distress, negligence, assault, violation of Civil Cod...

Excerpt: ...alleges it delivered goods to Defendants Golfiinks Management, LLC and Golflinks Consulting, Inc. (Defendants or Golflinks) but Defendants failed to pay the owed amount of $139,461.30. On July 29, 2020, Plaintiff dismissed this case because the parties had settled the matter. Plaintiff now moves to enforce the settlement agreement. Plaintiff contends that Defendants failed to make all the required payments under their agreement. In addition to th...

Excerpt: ...al-tenant relationship. Plaintiff Hyun Jung Lee (Plaintiff or Lee) sued Defendants Packo Investments, Inc., Allen H. Park, James Lee, Saenz Rodolfo, and Chae & Saenz Rodolfo Trust (Defendants) for violation of privacy, violation of quiet use and enjoyment, negligence, attempted extortion, breach of contract, and intentional infliction of emotional distress. On March 6, 2023, the Court sustained a demurrer to the Complaint. Plaintiff filed a First...

Excerpt: ...d involving a construction project. On January 13, 2023, Plaintiff Touchstone Marble, Inc. sued Defendant J Allyn Construction Inc., alleging a breach of contract in the amount of $73,000 for failure to pay for services rendered. On February 14, 2023, Plaintiff Touchstone Marble and Granite filed a First Amended Complaint, substituting in and replacing Plaintiff Touchstone Marble, Inc. On March 13, 2023, Cross-Complainant Jeffrey J. Allyn dba J. ...

Excerpt: ...he Motion for Summary Judgment on the First Amended Cross‐Complaint is denied. Motion for Summary Adjudication on the First Amended Cross‐ Complaint is granted in part. Background On May 7, 2021, Plaintiffs Playboy Enterprises International, Inc. and Products Licensing LLC filed this action against Defendants Advanced Vita Supplements, AVS Products LLC, and Sasha Matloob for (1) breach of contract, (2) violation of Bus. & Prof. Code § 17200,...

Excerpt: ...tions owed to Plaintiff Clara Vastagh after a theft from her Bank of America debit account _ Plaintiff sued Bank of America (Defendant) for violation of the Califomia Identity Theft Law and violation of the Unfair Competition Law. On April 25: 2023: Plaintiff filed a First Amended Complaint (FAC)_ Defendant demurs the entire FAC for failure to state a claim. Plaintiff filed no opposition to the demurrer. The declaration of counsel, Douglas Stastn...

Excerpt: ...l distress claim (IIED) in the Complaint is barred by exclusivity provision of the Workers: Comrrnsation Act Background and Procedural History On May 22, 2020, Melisa Dominguez (Plaintiff or Dominguez) filed a petition to open a bankruptcy case. The bankruptcy trustee determined there were no assets and Dominguez received a discharge on September 9, 2020 On March 25 2021 Dominguez filed this case against Defendants United Parcel Service: Inc., De...

Excerpt: ...tory Plaintiff Stephanie Scagioltti alleges she suffered injuries as result of the presence of mold in the apartment (Unit) she was renting from Defendant Deborah Friedman, in her individual capacity and as trustee of the Eschwege Family Trust, and located at 118 S. Flores Street, Los Angeles, CA 90048. The Complaint alleges Plaintiff moved into the Unit in May of 2012. Shortly thereafter, Plaintiff began experiencing various medical issues which...