Excerpt: ...everly Consumer Warranty Act action, Plaintiff Dayna Campbell (Plaintiff) alleged two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. Prior to trial, Defendant BMW of North America, LLC (Defendant or BMW) served an offer of compromise upon Plaintiff under Code of Civil Procedure section 998 (998 Offer). Plaintiff rejected this 998 Offer. Following trial, the jury found no breach of the ...

Excerpt: ...d causes of action and sustained as to the first cause of action as to Cross -Defendant Wills only, all without leave to amend. The motion to strike is granted . This case arises from a landlord -tenant dispute. On June 20, 2023, Plaintiffs Susan McCleary, Jada Fraser, Ricardo Wills and Johnny Parker filed their Complaint, alleging eleven causes of action: (1) Unlawful Actions by Landlord to Influence Tenant to Vaca te [Civ. Code § 1940.2]; (2) ...

Excerpt: ...nst Defendant Kia Motors America, Inc. (Kia) and DOES 1- 10. Plaintiffs are co-owners of a 2016 Kia Soul (Vehicle). Initially, Knox leased the Vehicle by herself in December 2015 from Kia of Downtown. Then, in January 2020, Knox and Caver purcha sed the Vehicle together. On March 20, 2023, Defendant Kia filed a demurrer to the First Amend Complaint. Plaintiffs opposed the demurrer. The Court sustained the demurrer based on uncertainty. The Second...

Excerpt: ... as to the fourth cause of action. The motion to strike is granted. This is an action over ownership distribution allegedly owed but not paid by Defendants RPM Property Management, LLC (RPM), Chen- Wei Liu, Yiuli Yeh, and Catherine Liu to Plaintiff Chi-Ping (Plaintiff). On October 13, 2023, Plaintiff filed this lawsuit alle ging the causes of action for (1.) accounting, (2.) failure to pay distributions, (3.) breach of fiduciary duty, (4.) conver...

Excerpt: .... The demurrer is sustained as to the fourth cause of action and sustained as to Individual Defendants only as to the third and eighth causes of act ion. The demurrer is otherwise overruled. On July 25, 2023, Plaintiffs Mi In Fashion, Inc., Hyun S. Lee, and, Young Mi Lee filed this lawsuit alleging the causes of action for (i) failure to pay overtime wage, (ii) failure to pay minimum wage, (iii) failure to pay commission (by Plaintiff Pak only ),...

Excerpt: ...s out of an employment dispute. Plaintiffs Mirna Cuellar and Hector Cuellar (Plaintiffs) sued Defendant May Fok in her individual capacity and as trustee of the Fok Family Trust (Defendant) 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. Pl...

Excerpt: ...eged failure of Defendants Thayer West LLC and Payam Amin to maintain and repair the property located at 1817 Thayer Ave., Los Angeles, California 90025, where Plaintiffs resided (Property). Plaintiffs Seiichi Saito, Sophia Saito, and Julia Saito (jointly, Plaintiffs) filed a Complaint, alleging claims for: (1) Breach of Implied Warranty of Habitability; (2) Negligence; (3) Nuisance; and (4) Violation of Civil Code Section 1942.4. On January 29, ...

Excerpt: ...venth, eighth, ninth and tenth causes of action. The Motion to Strike is granted in part, denied in part, and moot in part . Plaintiff Clifford Katab is the former COO of Defendant Performance Team LLC (Performance Team); Defendant Craig Kaplan was its CEO. Plaintiff Katab now sues Defendant Kaplan and Performance Team based on events relating to the sale of Performance Team to new owners, Damco Distribution Services Inc. (Damco). The allegations...

Excerpt: ...ntiff Leticia Blanco (Plaintiff) filed the instant action against Defendants DLF Logistics LLC (DLF), Joeana Lugo, And Devan Carez (collectively, Defendants), asserting claims for sexual harassment, discrimination based on sex, disabil ity discrimination, retaliation, wrongful termination, and related claims. On January 13, 2023, Defendant DLF filed a motion to compel this matter to arbitration and stay all proceedings. On April 17, 2023, the Cou...

Excerpt: ...roup LLP, formerly known as Fredman Lieberman Pearl, LLP (FLP), Howard S. Fredman (Fredman), Marc A. Lieberman (Lieberman), and Mark J. Pearl (Pearl) (collectively, Defendant FLP) in an underlying litigation arising from Kettle r's actions as the power-of -attorney for Donna and Daniel Gould in helping them manage their financial affairs and personal assets (Underlying Action). During the trial in the Underlying Action, Kettler fired Defendant FL...

Excerpt: ... Tara Niknejad and Nicky Gathrite, alleging that Defendants induced Plaintiff to enter into an agreement based on representations made by Defendants in their Services Agreement, including that Defendants would act to protect Plaintiff's interests. She alleged that Defendants sent explicit messages and disseminated photos to online users of OnlyFans without Plaintiff's consent. The Complaint contains ca uses of action for breach of contract, breac...

Excerpt: ...strator of the estate of Stephen Jefferey Gelff (Gelff), alleges that Anne Frances Weiss (Weiss) and Gelff acquired properties together in the early 1990s and formalize d their real estate business partnership with a Joint Venture Agreement (Agreement) on December 17, 1997. (Compl., ¶¶ 13-17.) Originally, Weiss and Gelff jointly held four properties together, which were all held in Weiss's name. (Compl., ¶ 19.) Thereafter , in conjunction with...

Excerpt: ...orney's fees. This is a breach of contract and fraud action in which landlord Plaintiffs Chaehoon Song and Booyean Song (Plaintiffs) allege that tenant Defendants Lonnie Wall, W2K Properties, LLC and Leslie Wall (Defendants) improperly used the real property located at 1452 and 1454 E. 23 rd Street, Los Angeles, CA (Property) as transitional housing and failed to pay rent. After granting a motion for terminating sanctions, this Court struck all D...

Excerpt: ...e motion for summary adjudication is granted as to Issues Nos. 1- 3, and 6, and denied as to Issues No. 4-5. This is an employment discrimination case brought by Plaintiffs Thomas Villanueva (Villanueva) and Hernando Quitero (Quitero) (Plaintiffs) against former employer, Robbins Brothers Jewelry, Inc., and their former supervisor, Mark Pimental (Pimental) (joint ly, Robbins Brothers). Plaintiffs allege their employment was terminated based on th...

Excerpt: ...re section 473, subdivision (b), is denied. Plaintiff Lewis Brisbois Bisgaard & Smith LLP (Plaintiff), a law firm, brought this action against their former client, Defendant Great Host International, Inc. (Defendant) for failure to pay attorneys' fees in excess of $100,000.00. After Defendant failed to file an Answer, default was entered against Defendant on May 26, 2023. The Court entered default judgment on July 21, 2023. On January 18, 2024, D...

Excerpt: ...ction and overruled as to the third cause of action. This is an action for breach of contract arising from real estate commissions. In the Complaint, Plaintiff Anderson Real Estate Group (Plaintiff) alleges that Defendant KJ Ticehurst (Ticehurst) owes Plaintiff $67,729.75 in commissions arising from her Team Member Agreement – Buyer Specialist (Agreement) with Plaintiff. Plaintiff further alleges Defendants Coralyn Wahlberg, Claudia Pardon, and...

Excerpt: ...to third cause of action. The Motion to Strike is granted. This is a Song-Beverly action. On November 28, 2019, Plaintiff Gavin Davis (Plaintiff) purchased a 2019 Chevrolet Bolt EV (Vehicle). On October 2, 2023, Plaintiff sued Defendant General Motors, LLC (GM) alleging three breach of warranty claims under Song-Beverly, and causes of action for fraudulent concealment/misrepresentation, negligent misrepresentation and violation of Business and Pr...

Excerpt: ...ur (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, detaining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defendant was a victim in this confrontation. The Complaint alleges claims for (1.) false light, (2.) assault, (3.) false impris...

Excerpt: ...e. Plaintiff Daryl G. Crouse (Plaintiff or Crouse) alleges he was discriminated against and ultimately terminated from his position as an attorney at Defendant eAccidents, APC (Defendant or eAccidents) based on his religion and for reporting Defendant Avi E. Muhtar's harassing behavior. On October 2, 2023, Plaintiff filed a Complaint for (1.) wrongful termination, (2.) retaliation under Labor Code section 1102.5, (3.) religious discrimination, (4...

Excerpt: ...to amend as to the second cause of action against Defendant LuxUrban, Inc. only, and overruled as to the third cause of action. This action arises from a commercial landlord tenant dispute. On March 15, 2023, Plaintiff 819 S. Flower, LP (Plaintiff) and Defendants LuxUrban RE Holdings, LLC and LuxUrban Hotels Inc. (Defendants) entered into a commercial lease to operate a hotel (Original Lease). The Complaint alleges that Defendants made a number o...

Excerpt: ...ro's (Quintero) (jointly, Plaintiffs) filed a Complaint, alleging FEHA claims for (1) discrimination based on religion, (2) harassment based on religion, (3) retaliation for complaints of religious discrimination and/or harassment, (4) retaliation for reporting violations of law (Labor Code § 1102.5 and 1102.6), and (5) wrongful termination against their employers, Defendants Robbins Brothers Jewelry, Inc. and Mark Pimental (Defendants). On Apri...

Excerpt: ...aintiff Control Air Enterprises Tentative Ruling: Defendant Webcor Construction, L.P.'s demurrer to fifth cause of action is sustained without leave to amend. Defendant Next Century Partners Mezzanine Borrower, LLC's demurrer to first, second, sixth, seventh and eighth causes of action is overruled. This action arises from a dispute involving a $1.5 billion construction renovation of the Hyatt Regency Century Plaza Hotel in Century City (Project)...

Excerpt: ...ndant invaded her privacy by allowing a third-party company, Intercom, to secretly “eavesdrop” and “record” the data she furnished. The Complaint alleges a single cause of action for violations of the California Invasion of Privacy Act (CIPA), Penal Code section 631, subdivision (a). On December 20, 2023, Defendant demurred to the Complaint. Plaintiff filed an opposition to the demurrer. The Court sustains the demurrer and grants leave to...

Excerpt: ...the possession, custody, or control of the party on whom the demand is made.” (Code Civ. Proc., § 2031.010(b).) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inability to comply is inadequate, incomplete, or evasive, or (3) an objection in the response is without merit or too general. (Cod...

Excerpt: ... Tehra Bailey (Plaintiff) filed a Complaint on March 22, 2023, alleging FEHA claims for discrimination, failure to prevent discrimination, retaliation, harassment, as well as wrongful termination in violation of public policy, and negligent supervision and hiring, and retaliation pursuant to Labor Code section against her former employer, Defendant Universal Protection Service, LP doing business as Allied Universal Security Services (Defendant). ...

Excerpt: ...nted. BACKGROUND This is action for alleged violations of the Investigative Consumer Reporting Agencies Act (ICRAA). Plaintiffs Sahil Desai, Arnold Baek, Sean Coughlin, Christopher Dziubak, Morgan Callahan, Luis Lopez, Ra Moeun and James Turner (Plaintiffs) allege that Defendant Reliant Real Estate Management, Inc. (Defendant) failed to provide copies of the investigative reports to Plaintiffs during their application for tenancy. Plaintiffs asse...

Excerpt: ...ss-Defendants PM Andy's Liquor Inc., Harbinder Singh, and Melissa Aurora Singh Responding Party: (1.) Cross-Complainant Jane Tran-Bresler (2.) Cross-Complainant Eric Nhan Tran Tentative Ruling: The Demurrer to Jane Suong Tran-Bresler's Cross-Complaint is sustained in its entirety. The Motion to Strike Jane Suong Tran- Bresler's Cross-Complaint is granted. The Demurrer to Eric Nhan Tran's First Amended Cross-Complaint is sustained in its entirety....

Excerpt: ...ssgren) was a partner at Fox Rothschild LLP (Fox). In May 2017, he joined DLA Piper LLP (DLA). (Compl., ¶¶ 8, 12.) When Wassgren joined DLA, he brought EquiAlt with him as a client. (Compl., at p. 1.)[1] To raise capital to fund its business, EquiAlt created six investment funds. The first four were “debenture” funds; these four funds were created by Wassgren while he was a partner at Fox. They are called EquiAlt Fund, LLC (Fund 1), EquiAlt...

Excerpt: ...operative First Amended Complaint (FAC) alleging causes of action for (1) FEHA discrimination on the basis of pregnancy, (2) FEHA harassment on the basis of pregnancy, (3) FEHA retaliation for complaining of discrimination and/or harassment on the basis of pregnancy, (4) FEHA discrimination on the basis of taking CFRA leave, (5) FEHA harassment on the basis of taking CFRA leave, (6) FEHA retaliation for taking CFRA leave, and (7) FEHA harassment ...

Excerpt: ... Centers, LLC and L.A. Ice Venture Company, LLC Tentative Ruling: Plaintiffs/Cross‐Defendants' motion for summary judgment is denied. This action alleges wage and hour claims by Plaintiff, Nicholas La Roche (LaRoche), an ice-skating instructor, against Defendants American Skating Entertainment Centers, LLC (ASEC) and L.A. Ice Venture Company, LLC (LA Ice) (Defendants). The Second Amended Complaint alleges causes of action for (1.) Violation of ...

Excerpt: ...ontract. Plaintiff Zizi Attia (Attia) alleges that he gave $50,000 to Defendant Ehab Khela (Khela) to locate and purchase real property on Plaintiff's behalf; Defendant failed to perform. On May 12, 2023, Plaintiff Zizi Attia filed a Complaint for (1.) breach of contract, (2.) fraud, (3.) breach of constructive trust, and (4.) elder abuse. On November 13, 2023, Defendant/Cross-Complainant Ehab Khela filed a Cross- Complaint for (1.) breach of ora...

Excerpt: ...mbing for a 33-unit apartment complex. Defendant started and then abandoned this project. (Compl., ¶¶ 11-12.) The Complaint alleges, based on information and belief, Plaintiff was overbilled by $200,000 and is entitled to restitution in the sum of $26,787.90. (Compl., ¶¶ 29, 32.) On August 23, 2022, Plaintiff dismissed Defendant National Western National Mutual Insurance Company. On September 30, 2022, Plaintiff dismissed Defendant Wells Farg...

Excerpt: ... not have leave to amend. This case arises from a landlord-tenant dispute. On June 29, 2023, Plaintiffs Lehrer- Graiwer and Sarah Lehrer-Graiwer (Plaintiffs) filed a Complaint against Defendant Jasmin Shokrian (Defendant). On July 11, 2023, the Court in Department 53 denied Defendant's request that this matter be deemed related to LASC Case No. BC685351 (BC Action). On November 28, 2023, Plaintiffs filed a First Amended Complaint alleging (1.) fr...

Excerpt: ...ars, he has been subjected to a pervasive harassment and defamation campaign consisting of dozens of false online reviews that were intended to inflict emotional and monetary damage on him. On October 17, 2023, Plaintiff filed a motion to conduct early discovery under Code of Civil Procedure section 2025.210, subdivision (b). No opposition was filed.[1] The motion for leave to conduct discovery under Code of Civil Procedure section 2025.210 is gr...

Excerpt: ...leging FEHA claims for discrimination, hostile work environment, as well as retaliation, and whistleblower claims against their employers, Defendants Barlow Respiratory Hospital and Alberto Gomez. On December 6, 2023, Plaintiff Diego Yoque filed a redacted motion to compel further responses to Special Interrogatories (Set One). On December 11, 2023, Diego Yoque filed an application to file under seal the unredacted version of his Motion to Compel...

Excerpt: ...194.30. This is an action under the Song-Beverly Act in which Jerome Fein (Plaintiff) alleged defects in a 2017 Mercedes S550 (Vehicle). Plaintiff sued Keyes European, LLC and Mercedes- Benz, LLC (Defendant) for breach of express and implied warranties. The parties settled this Song-Beverly matter except as to the issues of attorneys' fees and costs. Plaintiff now argues that, as the prevailing party, he is entitled to fees and costs under Civil ...

Excerpt: ... The Motion for Leave to File the Second Amended Complaint is granted. Plaintiffs are ordered to file the Second Amended Complaint on or before January 23, 2024. This case arises out of an alleged breach of an oral joint venture agreement to purchase real estate. Plaintiffs Morad Ben Neman and Lancaster Eagle, LLC (Plaintiffs) sued Defendants Payam Bahari, Freydoon “Fred” Bahari Moghadam, Haim Bahari, Tal Bahari, and three entities: (1) 114 G...

Excerpt: ...ally and on behalf of other aggrieved employees, filed a class and representative action complaint against Raymond James & Associates, Inc. (Defendant). The Complaint alleges violations of the Labor Code for failure to pay minimum wages, provide meal and rest periods, indemnify business expenses, timely pay final wages upon termination, provide accurate wage statements and civil penalties under the Private Attorney's General Act of 2004 (PAGA). O...

Excerpt: ...tion, Plaintiff Eddie Jones (Plaintiff) filed a Complaint on July 11, 2023, alleging racial discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, and hostile work environment, as well as wrongful termination in violation of public policy, and other claims against his former employer, Defendant Tesla, Inc., Tesla Motors, Inc., Tesla Warehouse, and Jacki Charlberg. On September 15, 2023, Defenda...

Excerpt: ... This is an action under the Song-Beverly Act in which Arman Arakelian and Siranush Arakelian (Plaintiffs) alleged defects in a 2017 Mercedes-Benz Metris (Vehicle). Plaintiffs sued Mercedes-Benz USA, LLC and Mercedes-Benz of Beverly Hills (Defendants or Mercedes) for breach of express and implied warranties. The parties settled this Song-Beverly matter except as to the issues of attorney fees and costs. Plaintiffs now move for an award of attorne...

Excerpt: ...Act action, Plaintiff Dayna Campbell (Plaintiff) alleged two causes of action: (1) breach of express warranty; and (2) breach of the implied warranty of merchantability. Prior to trial, Defendant BMW of North America, LLC (Defendant or BMW) served an offer of compromise upon Plaintiff under Code of Civil Procedure section 998 (998 Offer). Following trial, the jury found no breach of the express warranty, but did find a breach of the implied warra...

Excerpt: ..., LLC and L.A. Ice Venture Company, LLC Opposing Party: (1.) Defendants American Skating Entertainment Centers, LLC and L.A. Ice Venture Company, LLC (2.) Plaintiff Rosendo Gonzalez, as Bankruptcy Trustee of the Estate of Nicholas Roche Tentative Ruling: Plaintiff's motion for summary adjudication is denied in its entirety. Defendants' motion for summary judgment is denied; Defendants' motion for summary adjudication is granted as to Issues Nos. ...

Excerpt: .... (Defendant). Thereafter, Design Holdings allegedly invaded Plaintiff's right to privacy without her consent by aiding a third-party company, Salesforce, to secretly eavesdrop, record, and harvest data from Plaintiff's interaction with Design Holdings' chat box on its website. The Complaint alleges causes of action for (1.) Violations of the California Invasion of Privacy Act (CIPA), and (2.) Violations of the California Unauthorized Access to C...

Excerpt: ...bandeh Masihi (Plaintiff) alleges that Defendants solicited a $400,000 loan from Plaintiff, representing that the funds would be used to develop a “proven cure” for Coronavirus/COVID-19 and that the loan would be repaid with interest (for a total $500,000) by a due date of April 1, 2021. Defendants never provided written loan documents and never repaid any of the funds, despite repeated promises. On November 30, 2021, a Complaint was filed ag...

Excerpt: ...or Code. Defendant moves to strike Paragraph 6 of the Complaint, lines 12-13, and issue an order reducing the PAGA period by 245 days. Plaintiff opposes the motion. The motion to strike is denied. Legal Standard “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any p...

Excerpt: .... In this employment action, Plaintiff Mariela Garcia (Plaintiff) filed a Complaint on September 19, 2023, alleging FEHA claims for wrongful termination, disability discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, and hostile work environment, as well as wrongful termination in violation of public policy, and unfair competition against her former employer, Defendant Public Health Foundati...

Excerpt: ...efendant Stylenquaza LLC. This is a personal injury action alleging injury from exposure to toxic silica, metals, and other fibrogenic substances. Plaintiff Oscar Alvarado Ortiz (Plaintiff) sued Defendant Stylenquaza LLC (Stylenquaza) and 48 other defendants for injuries allegedly sustained while working “in Los Angeles County, cutting, grinding, drilling, edging, and polishing granite, marble, [and] other natural stone and artificial stone cou...

Excerpt: ...aintiff Elizabeth Rowen (Plaintiff) sues Defendants Mr. Build Home Improvement and David Asulin (Defendants), alleging that Defendants' renovations to Plaintiff's residence were defectively performed. On August 16, 2023, Plaintiff filed a First Amended Complaint alleging causes of action for (1.) fraud, (2.) fraudulent concealment, (3.) false promise, (4.) negligent misrepresentations, (5.) breach of contract, (6.) breach of contract, (7.) breach...

Excerpt: ...transportation services brought by Plaintiffs HGH Express, Continental Trusted Trucking and Galaxy Trucking (Plaintiffs). The Second Amended Complaint (SAC) alleges causes of action for (1.) breach of contract, (2.) restitution, unjust enrichment, negligence, violation of unfair business practices, and (3.) fraud. On November 14, 2023, Defendants Uber Freight, LLC, its predecessor in interest Transplace Texas, and Liberty Mutual (Liberty) (Defend...

Excerpt: ...he amount of $2,505.33. Plaintiff moves 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 Miriam Lozano Juarez (Plaintiff) alleged defects in a 2019 Honda Accord (Vehicle). Plaintiff sued American Honda Motor Co., Inc. (Defendant or Honda) for breach of express and implied warranties. Plaintiffs argue that, as the prevailing par...