Excerpt: ...efendants Coral Keswick, LLC, and 300 W. Glenoaks, LLC Responding Party: Plaintiffs Dean C. Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments, LLC Tentative Ruling: The motions for summary adjudication are denied. Background On November 5, 2021, Plaintiffs Dean Delis, Margaret Delis (Meg), Drew Delis, Delakis LP, and DMD Investments LLC (collectively Plaintiffs) filed the operative Third Amended Complaint (Complaint) against twen...

Excerpt: ...ed. Plaintiff is ordered to file and serve his First Amended Complaint within 20 days. Background This is an action under the Song-Beverly Act in which Thomas Critchfield (Plaintiff) alleged defects in a used, 2017 BMW 340i. The Complaint asserts breach of express and implied warranties and negligent repair against BMW of North America, LLC and Irvine BMW Mini (Defendants). Plaintiff requests leave to file his First Amended Complaint to add alleg...

Excerpt: ...denied. Background Community Rebuild Partners and Community Rebuild Asset Holdings (Community or Cross- complainant) filed an unlawful detainer action against Sam and Lieba Chanin (Lieba) in Case No. LC105136 on January 23, 2017. In response, the Chanins sued in this Court on March 1, 2017, alleging multiple causes of action including fraud, negligence, trespass, and invasion of privacy. The parties were ordered to arbitration, where Community fi...

Excerpt: ... NewRez, LLC; Bank of New York Mellon; and Mortgage Electronic Registration Systems, Inc. Responding Party: Plaintiff Aposta, Inc. Tentative Ruling: Both demurrers are sustained, with leave to amend. The Motion to Expunge Lis Pendens is granted. The Court orders Plaintiff to pay attorney's fees to Defendant NewRez in the amount of $1,917.50 within 30 days. Background This is a real property case in which Aposta, Inc. (Plaintiff) sues NewRez, LLC,...

Excerpt: ...on (Defendants) for negligence, negligence per se, private nuisance, trespass, intrusion into private affairs, recording of confidential information, and for injunctive relief. The First Amended Complaint (Complaint) alleges that Defendants installed cameras on their property that are aimed and directed at Plaintiff's home. Plaintiff also allegedly observed Defendant Elda Barron “snooping around” within Plaintiff's property line without conse...

Excerpt: ...ues Nissan North America, Inc. (Nissan or Defendant) and Wish Automotive III, Inc. for breach of express warranty, intentional misrepresentation, concealment, and negligent repair as to a 2018 Nissan Rogue. Nissan moves to compel arbitration based on a provision found in the Retail Installment Sale Contract (RISC) finance agreement between Perla and the dealership, Antelope Valley Nissan. [1] The dealership is not named as a defendant in the Comp...

Excerpt: ... as plaintiffs. The complaints allege battery, elder abuse, intentional infliction of emotional distress, negligence, and negligent hiring against Defendants HSS Inc., CHA Hollywood Medical Center, Cesar Almazan, and Sergio Villareal. In June 2018, HSS Inc. (Defendant or HSS) hired Defendant Almazan as a security guard. Several months earlier, he was convicted of a felony for assault likely to produce great bodily injury. On August 16, 2019, Plai...

Excerpt: ...ment case, Keya Persley (Plaintiff or Persley) sues Leo Aguila, Tim Woodland, and Trader Joe's Company (Defendant or Trader Joe's) for (1) breach of express written contract, (2) breach of implied contract, (3) breach of the covenant of good faith and fair dealing, (4) wrongful termination, (5) discrimination, (6) retaliation, (7) harassment, (8) violation of Labor Code section 230 et seq., (9) violation of Labor Code section 1102.5, (10) violati...

Excerpt: ...stranged father, Joe Miguel Alamo, Jr. (Defendant) to quiet title, obtain declaratory relief, and cancel a written instrument. Plaintiff avers that the Property was initially owned by Defendant and his mother (Plaintiff's grandmother). In September 2002, they then reportedly deeded the Property to Plaintiff alone. In April 2004, Plaintiff deeded the Property to herself and her grandmother as joint tenants. Sometime in September 2013, Defendant al...

Excerpt: ...s Express Pizza and Feroz Ziaulhaq (Ziaulhaq) alleging (1) race discrimination, (2) gender discrimination, (3) hostile work environment, (4) failure to prevent harassment, discrimination, and retaliation, (5) whistleblower retaliation, (6) wrongful termination, (7) intentional infliction of emotional distress, and (8) unfair competition. In addition, she alleges multiple Labor Code violations including failure to pay overtime, failure to provide ...

Excerpt: ...d. Defendants' Answer is due November 17, 2022. This is an action for breach of contract. Kathleen M. Meehan, individually and as Personal Representative of the Estate of Jacob Benadon (Plaintiff) sues Shapiro Villalobos & Associates (SVA), Stuart Shapiro, and Laila Villalobos (collectively Defendants). Plaintiff alleges that her husband and decedent, Jacob Benadon, was a director of Benadon, Shapiro, and Villalobos (BSV), an accounting firm. In ...

Excerpt: ...ss and Representative Action Settlement, Attorneys' Fees and Costs, and Class Representatives' Enhancement Payments. Background On February 18, 2022, Plaintiffs Giovanni Mitchell, Ammon Mendes, Mackenzie Hernandez, and Elora Dorn, filed their First Amended Class and Representative Action Complaint against restaurant Defendants the Madera Group, LLC; Tocaya Organica, LLC; Tocaya Management LLC; Toca Madera Weho LLC; Toca Madera Management LLC; and...

Excerpt: ...action under the Song-Beverly Act in which Juan Arellanes Fausto and Patricia Diego (Plaintiffs) allege defects of their pre-owned 2018 Honda Pilot against American Honda Motor Co. (Defendant or Honda).[1] The Complaint asserts claims for breach of express and implied warranty, and fraudulent inducement by concealment. The Court previously granted Defendant's motion for judgment on the pleadings but granted leave to amend. After Plaintiffs filed ...

Excerpt: ... sixth cause of action, but otherwise denied. Background This is an employment action. Heather Berry (Plaintiff or Berry) sues Antelope Valley Hospital (Defendant or Hospital) and Lawrence Wilson for (1) battery, (2) wrongful termination in violation of public policy, (3) whistleblower retaliation, (4) Fair Employment and Housing Act (FEHA) sex discrimination, (5) FEHA retaliation, (6) FEHA failure to prevent harassment and discrimination, and (7...

Excerpt: ...tion action for extensions of credit that Wells Fargo Bank (Plaintiff) made to Varun Textiles, Inc. and Sanjay M. Khiani (Defendants). The Complaint alleges causes of action for breach of contract, account stated, money lent, and breach of guaranty. Plaintiff moves for summary judgment on all claims. No opposition was filed. Legal Standard “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of ma...

Excerpt: ... race discrimination and failure to prevent discrimination or harassment. Plaintiff alleges that Defendant failed to promote him to Captain with the County of Los Angeles Fire Department because he is African American. Plaintiff, through his counsel, Steven H. Haney (Haney) of Haney & Shah, LLP (Haney Firm), moves to disqualify the Defendant's counsel, Peterson Bradford Burkwitz (Peterson Firm). Haney contends that there is a conflict of interest...

Excerpt: ...is employment action, Brenda Rangel (Plaintiff) sues Defendants DNH Aero Finishing Inc., Jose Luis Nerey, Erik Hernandez, and Daniel Vasquez (Vasquez) for discrimination, harassment, wrongful termination and intentional infliction of emotional distress. All Defendants move to continue the trial date for one week. As the reason for unavailability, they state that Vasquez plans to attend his son's wedding during the week of trial. Plaintiff opposes...

Excerpt: ...intiff Claire P. Shetz Tentative Ruling: (1) The demurrer is overruled and the motion to strike is denied. (2) The motion to vacate default is granted. Plaintiff's request for fees and costs is denied. Background This is an action for declaratory relief as to a tenancy. Claire P. Shetz (Plaintiff) sues Tyrone L. Hudson, Christine Hudson, Melissa Grace, and Jag Financial Investments Inc. for violations of the Fair Employment and Housing Act, Disab...

Excerpt: ...ach of contract and negligence against insurance companies and their agents for procuring the wrong policy. In April 2019, Rotax, Inc. (Plaintiff or Rotax) entered into an agreement with M.L. Enterprise, LLC (M.L. Enterprise) where Rotax would store merchandise in a warehouse that was leased by M.L. Enterprise. As part of the agreement, Rotax required that M.L Enterprise provide insurance on the stored merchandise. Rotax subsequently referred M.L...

Excerpt: ... This is an action involving the rental of reindeer. Diana Frieling (Plaintiff or Frieling) filed a First Amended Complaint against the Greater Los Angeles Zoo Association (Defendant or Zoo) for breach of contract, negligence, “intentional negligent tort,” and slander. Frieling states that she entered into a contract with the Zoo, in which she would provide four reindeer for the 2018 holiday season. She alleges that one reindeer died while al...

Excerpt: ...unlawful detainer action. Redwood argues that Defendant Alexander Gudis (Defendant or Gudis) lacks standing to assert the issue; the Court lacks jurisdiction to consider the foreclosure issues in this unlawful detainer; another action on title is on appeal; the foreclosure sale was not postponed; such evidence is irrelevant; and any probative value is outweighed by undue consumption of time, undue prejudice, and confusing the issues. Defendant Gu...

Excerpt: ...s Living Trust (Plaintiff) filed a Second Amended Complaint (Complaint) against Pacific 26 Management, LLC, Forbix Capital Corp., Sherman Way ventures, LLC, Emil Khodorkovsky, DV International, LLC, NUPI Profit Sharing Plan, Vladimir Roizen as Trustee of the Vvroizen Family Trust, Good Fellas Pawn Shop, LLC, Gavaty Inc., Artur Galstian, Krasimira Krasteva, Alex Dunaev and Inna Dunaev Revocable Living Trust dated 1/27/2008, Litco Investments, LLC,...

Excerpt: ...ire P. Shetz (Plaintiff) sues Tyrone L. Hudson, Christine Hudson, Melissa Grace, and JAG Financial Investments Inc. for violations of the Fair Employment and Housing Act, Disabled Persons Act, Elder Abuse and Dependent Adult Civil Protection Act, and the Los Angeles Tenant Harassment Ordinance. Plaintiff is a tenant residing in a duplex owned by Tyrone L. Hudson and Christine Hudson (Defendants). She alleges that Defendants tried to list the prop...

Excerpt: ...re ordered quashed. New deposition notices must be properly issued, and any out‐of‐state subpoenas must comply with Code of Civil Procedure section 2026.010, subdivision (c). This is an action involved alleged wire fraud in the purchase of real property in New Hampshire. Preston Smith and Elizabeth Meyer (Plaintiffs) sued “Does 1 through 20” for violation of the Electronic Funds Transfer Act, wire fraud, unauthorized computer access under...

Excerpt: ...mend, but otherwise overruled. The Motion to Strike is granted. Background. This is an employment case in which Jennifer Walske (Plaintiff or Walske) sues the Regents of the University of California (The Regents or Defendant) for sex discrimination, retaliation, sexual harassment, failure to prevent discrimination, hostile work environment, and intentional/negligent infliction of emotional distress. Walske alleges that she was recruited to be a p...

Excerpt: ...he California Department of Transportation (Defendant or Caltrans), Mohammad Toosi (Plaintiff or Toossi) alleges that several employees sent defamatory e-mails to his supervisor. These e-mails claim, for example, that Toossi was “mentally and emotionally unstable” and that he might “do something crazy physically.” Toossi asserts these e- mails caused him to fail his one-year probationary period as a new employee. Caltrans demurs to the Co...

Excerpt: ...nded Complaint within 20 days. Background This is an action under the Song-Beverly Act in which Mirna Serrano (Plaintiff or Serrano) alleged defects in a 2019 Honda Odyssey. The Complaint asserts breach of express and implied warranties against American Honda Motor Co. (Defendant or Honda). Serrano moves for leave to file her First Amended Complaint. She indicates that after further review of the repair orders, the “electrical” issues delinea...

Excerpt: ...ground This is a habitability case. Katie Schwartz (Plaintiff or Schwartz) sues Elm Enterprises LLC and Denmar Investment Co., Inc. (Defendants) for breach of contract, breach of covenant of quiet enjoyment, breach of warranty of habitability, negligence, nuisance, trespass to land, tenant harassment, unfair business practices, intentional infliction of emotional distress, and retaliation/constructive eviction. Schwartz alleges that throughout he...

Excerpt: ...e motion for relief is granted. The request for fees and costs is granted in part and Plaintiff is awarded $131,350.00 in attorney's fees and $9,105.73 in costs. Plaintiff seeks an award of attorney's fees and costs arising from a Song-Beverly case. In October 2021, the parties settled. In April 2022, Plaintiff filed her motion for attorney's fees, which was denied as being untimely. She then moved for relief under Code of Civil Procedure section...

Excerpt: ...irst Amended Complaint within 20 days. Background This is an action under the Song-Beverly Act in which Gabriela Gonzalez (Plaintiff or Gonzalez) alleges defects in a 2020 Honda Pilot. The Complaint filed April 11, 2022, asserts claims for breach of express and implied warranties against American Honda Motor, Co. (Defendant or Honda). Gonzalez moves for leave to file her First Amended Complaint. She indicates that after further review of the repa...

Excerpt: ...emurrer is sustained in its entirety without leave to amend. The complaint is dismissed with prejudice. The motion to be relieved as counsel is granted. Background This action arises under the Homeowner Bill of Rights (HBOR). Kevin Kelley and Ryan Kelley (Plaintiffs) obtained a mortgage from Amtrust Bank, which was then assigned to New Rez LLC (Defendant). In September 2021, Defendant recorded a Notice of Default against the property; in January ...

Excerpt: ...e her First Amended Complaint within 10 days. Background This is an employment action. Plaintiff LaQuenta Reynolds (Plaintiff or Reynolds) alleged that a co-worker, Thomas Gang, frequently berated minority staff, and aggressively reprimanded her on one of her tasks. On another occasion, Plaintiff claims that she overheard Gang undermine her to another colleague. In February 2018, Defendant Antelope Valley College (Defendant or College) reportedly...

Excerpt: ...Defendant retaliated against him for filing a prior lawsuit against them in May 2015 for violations of the Fair Employment and Housing Act (FEHA). The Complaint alleged two causes of action: (1) retaliation in violation of FEHA, and (2) retaliation in violation of Labor Code section 1102.5. On April 6, 2022, this Court granted Defendant's motion for summary judgment. Defendant subsequently filed a memorandum of costs, seeking to recover $935.00 i...

Excerpt: ...on. This case arises out of a hotel stay at the Sheraton Grand Los Angeles (hotel). Anne Gavzer (Plaintiff) alleges that she stayed at the hotel for one night and awoke with numerous bite marks all over her body. Despite seeking medical care, she alleges that the injuries worsened, causing physical pain and emotional distress. Plaintiff sued Marriott International, Inc. (Defendant or Marriott), Sheraton Grand Los Angeles, and Jonathan Litvack for...

Excerpt: ...n. George Pollard (Plaintiff) alleges that he was a passenger in a public bus that was struck by Cesar Guerra. Guerra was insured by Alliance United Insurance Company (Defendant). Plaintiff sued Guerra and obtained a default judgment against him for $200,588.88, which was served on Alliance. In this action, Plaintiff sues Kemper aka Alliance United Insurance Company for its refusal to pay the judgment against the insured under Insurance Code sect...

Excerpt: ...rned of and first saw the photograph is relevant on the issue of whether harassing conduct created a hostile work environment that was the cause of harm to Plaintiff. Plaintiff suggests that Defendant is forcing trial counsel to testify, but that is not the issue. Most of the motion recounts an alleged chronology far beyond the issue addressed. The evidence sought to be excluded is not unduly prejudicial because Plaintiff contends her superiors w...

Excerpt: ... portion of the PAGA claim. The Court stays the remaining PAGA representative claim pending arbitration. Background On October 29, 2021, Anderson Hill (Plaintiff), individually 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 ...

Excerpt: ...es three causes of action: (1) general negligence, (2) intentional tort, and (3) “Other” – “The Mother was cut off from receiving his identification to give to FEMA for burial assistant and cause the Mother.” The Complaint names a myriad of Defendants. Plaintiff notes that “Olympia Hotel Apartment was the landlord under Skid Row Housing Trust and Thianne Garrett.” (Complaint, ¶ 1.) Between November 2021 and February 2022, Plaintiff...

Excerpt: ...Nonyelum Nwasike (Plaintiff or Nwasike) filed an eleven-count complaint against her employer, Thomas St. John Group Limited (TSJ Group), TSJ/Merlyn Licensing, B.V., Thomas St. John, Inc. (TSJ), and Thomas St. John individually (collectively Defendants). The allegations include retaliation, breach of contract, harassment, wrongful termination, and a request for injunctive relief. The injunctive relief is aimed at “invalidating the arbitration cl...

Excerpt: ...losed lien during a sale of real property. PSF CA 3, LLC (Defendant or PSF) was the owner and seller of real property (1909 N. Berendo Street, Los Angeles, CA 90027). Matthew Berry Rillera and his Assigns entered into the Residential Purchase Agreement with PSF in November 2018. Rillera subsequently assigned the interests in the property to The Lincoln Crew, Inc. (Plaintiff or Lincoln). Other parties were involved, including Travis Metcalf, Plumb...

Excerpt: ...en Searing (Searing) transferred their interests in the property to Amoroso Place, LLC (Plaintiff or LLC). Plaintiff then hired John Fabian Bever (Defendant) as manager, to operate its day-to-day business affairs. On May 12, 2019, Phillip Wiseman passed away and Searing is the executor. Defendant then allegedly entered into a lease agreement with Modern Life, Inc. on behalf of the LLC. Plaintiff alleges that Defendant was the principal of Modern ...

Excerpt: ...2020, Plaintiff Jessica Kaldem sued Defendants Children's Hospital Los Angeles and Rene De Jesus Orantes alleging medical malpractice, negligent hiring, and intentional infliction of emotional distress. Plaintiff alleged that Defendants were negligent when they withdrew her blood during a blood donation. Orantes, who was a phlebotomist at Children's Hospital, allegedly swept the needle back and forth to show Plaintiff her veins. Orantes also repo...

Excerpt: ...claims for retaliation and wrongful termination. The issues are what constitutes a “disclosure” for retaliation purposes, and whether the employee-employer relationship can be evaluated on demurrer. The Court finds that at the pleading stage, the allegations are sufficient and overrules the demurrer. Background Plaintiff Lauren Saucedo sued her employer, Defendants WCPS Holdings, Inc., Mia Melle, and Damien Melle for whistleblower retaliation...

Excerpt: ... and $20,645.00 for Century). Costs are awarded in the amount of $5,040.52. The parties have settled this Song‐Beverly matter and have agreed that Plaintiff Marcia McKinney is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $49,315.00 (divided between two law firms: $26,350.00 for the Law Offices of Ad...

Excerpt: ...SE This is an action for unpaid rent in a commercial lease. On February 1, 2022, Plaintiff SKT Melrose, LLC filed the Complaint against Defendants Sergio Armenta, Nayeli Lozano, and Rocio Armenta, individually and dba Shyo Original Ramen for breach of contract. The clerk entered default on March 21, 2022, against Rocio Armenta, individually and dba Shyo Original Ramen. On May 24, 2022, the clerk entered defaults against Nayeli Lozano and Sergio A...

Excerpt: ... Baek, Dabin Chun, Seung Ho Jang, and So Eun Kim (Plaintiffs) sued Hunmil Corp. dba Jeong Yuk Jeom, and Jae Yong Son (Defendants) for numerous Labor Code violations, retaliation, wrongful termination, and unfair competition. The Complaint alleges that Plaintiffs were servers at Defendants' restaurant. Defendants allegedly failed to comply with numerous laws such as not providing overtime pay and exposed Plaintiffs to customers who did not verify ...

Excerpt: ...fourth, fifth, seventh, ninth, and thirteenth causes of action. Plaintiff shall have 30 days leave to amend the Complaint. Background This case involves several business contracts dealing with cannabis distribution. Woodrow Wong (Wong) and GWC Real Estate Services (Plaintiffs) sued Defendants Jerrod Gutierrez (Gutierrez); Otto Beasley; JFTC Group, Inc.; Loyalty AC, LLC; GMM International, Inc.; Cannacore Medical Network, Inc.; TFB Solutions; and ...

Excerpt: ... Plaintiff) allege breach of warranty claims against Defendant Nissan North America, Inc. (Nissan or Defendant) as to a 2020 Nissan Altima. Nissan moves to compel arbitration based on a provision found in the Retail Installment Sale Contract (RISC) finance agreement between Armendarez and the dealership, Carson Nissan. The dealership is not named as a defendant in the Complaint. The RISC lists Armendarez as the buyer and Carson Nissan as the sell...

Excerpt: ...rustee of the Jerome J. Nash Revocable Trust u/d/t dated May 21, 2001 Tentative Ruling: The demurrer is sustained and the motion to strike is granted. Plaintiff is given 20 days leave to amend. Background This is an action involving contracts on four roofing projects. On May 27, 2022, Jerome J. Nash, individually and as Trustee of the Jerome J. Nash Revocable Trust u/d/t dated May 21, 2001 (Plaintiff or Nash) filed the Complaint against Fairweath...

Excerpt: ...amount of $1,500.00. Background and Procedural History This is a habitability case. On October 22, 2021, Plaintiffs Jane Doe and John Doe sued Defendant 4245 Laurel Canyon LLC for breach of contract, breach of implied warranty of habitability, breach of quiet enjoyment, negligence, breach of implied covenant of good faith and fair dealing, nuisance, and retaliation. Plaintiffs allege that throughout the tenancy, “The Property did not comply wit...

Excerpt: ...aims for retaliation and wrongful termination. The issues are what constitutes a “disclosure” for retaliation purposes, and whether the employee-employer relationship can be evaluated on demurrer. The Court finds that at the pleading stage, the allegations are sufficient and overrules the demurrer. Background Plaintiff Lauren Saucedo sued her employer, Defendants WCPS Holdings, Inc., Mia Melle, and Damien Melle for whistleblower retaliation, ...

Excerpt: ...ained by Plaintiff. Granted to the extent Plaintiff asks a question in voir dire similar to the following: “If we prove that Plaintiff suffered $1 million in damages, would you award him that amount?” Such a question would improperly ask a juror to commit to vote in a certain way and precondition jurors to a particular result. In voir dire, Plaintiff may not “argue” for a specific monetary amount. But Plaintiff is not wholly precluded dur...

Excerpt: ...he Song-Beverly Act in which Juan Arellanes Fausto and Patricia Diego (Plaintiffs) allege defects of their 2016 Honda Pilot. The Complaint asserts claims for breach of express and implied warranty, and fraudulent inducement by concealment. The factual basis of the Complaint is a defective transmission. Plaintiffs argue that the transmissions in model years 2014-2019 Honda Pilot suffered a defect that caused it to deteriorate faster than normal. (...

Excerpt: ...ordered to file its First Amended Complaint within 10 days. Background Plaintiff TruConnect Communications, Inc. (Plaintiff or TruConnect) filed the Complaint on April 7, 2022, alleging a breach of contract against Defendant Ground Floor Marketing LLC (Defendant or Ground Floor). TruConnect manages a free wireless telephone program for qualified, low-income households. In May 2021, TruConnect contracted with Ground Floor. As part of the agreement...

Excerpt: ...amend. Background On April 28, 2022, Plaintiff Cecil Elmore filed a First Amended Complaint against Defendants Knowles Security, Inc. and Jose Sadin alleging three causes of action for general negligence on three different dates: February 18, 2022, March 22, 2022, and April 2, 2022. The allegations are virtually identical for each cause of action: Plaintiff is a resident at 451 South Main Street in Los Angeles and Defendants failed to perform the...

Excerpt: ...uses of action on the First Amended Complaint, Plaintiff filed a Second Amended Complaint. The Second Amended Complaint has not cured the deficiencies of the previous pleading. Plaintiff, who remains employed by Defendant, alleges years of what he deems retaliatory conduct for what he characterizes as his advocacy for disabled students. In 2018, Defendant did take adverse action against Plaintiff within the limitations period, but the action was ...

Excerpt: ...ral contractor and a subcontract with its surveyor for the construction of a car wash building. The parties have settled, and the general contractor seeks a determination of good faith settlement by the Court. Background Petitioner Zero Gravity Management, Inc. dba ATC Design Group (ATC) was the subcontractor surveyor who was allegedly responsible for staking grid lines as part of the construction of a car wash (Project) for the Toyota Logistics ...

Excerpt: ...‐complainant Community is awarded possession of the Property and $221,200.39 in damages. The Court sets an Order to Show Cause re: Entry of Judgment for _______ at 8:30 AM in Department 58. The owners of a property in Sherman Oaks, California sued the tenants for unlawful detainer in a different department of this court. The tenants then sued the owners in this department for contractual fraud. This Court ordered the parties to arbitration, whe...

Excerpt: ... a demurrer against his First Amended Complaint, Plaintiff filed a Second Amended Complaint and made minor revisions, including adding in two defendants and adding a series of paragraphs reciting propositions of law. Because the Second Amended Complaint fails to allege any specific and substantive facts that assert liability against Defendant Pacific 26 Management, the Court sustains the demurrer without leave to amend. The allegations against De...

Excerpt: ... ordered to file an Answer within 20 days. The Court exercises its discretion to strike portions of the Complaint that are improper and factually unsupported. This is a case alleging issues of habitability caused by ventilation defects in an apartment unit. Defendants, the owner and property manager, filed a demurrer against Plaintiff for failure to sufficiently allege outrageous conduct to support her claim for intentional infliction of emotiona...

Excerpt: ...s Successor-in-Interest, Tonia L. Kelly; Tonia L. Kelly, individually; Daniel T. Carter, individually; Thomas L. Lark, individually Tentative Ruling: The Motion to Compel Arbitration is denied. Defendant health care provider moved to compel arbitration based on an agreement purportedly signed by the decedent's son as power-of-attorney. Because it was Defendant's burden to establish that the son had authority to sign on his father's behalf, but De...

Excerpt: ...breach of contract against Defendant Zendaya Coleman for failing to provide real property. Plaintiff filed a proof of service on February 17, 2022, indicating substitute service on “Lorena Doe, Account Manager for KZC Entertainment.” The Affidavit of Reasonable Diligence attached to the proof of service indicates three prior attempts on January 26, 27, and 31, all of which indicate “Zendaya not in today.” On the last entry, the process se...

Excerpt: ...ed a Complaint alleging 14 causes of action related to his employment with Defendants RBC Bearings, Inc., and Industrial Tectonics Bearings Corp.[1] The claims include discrimination, hostile work environment, retaliation, failure to provide reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, breach of contract, and wrongful termination. Plaintiff alleged that he was employed with Defendants ...

Excerpt: ...t a hearing for its Motion to Quash Service of Summons. Background On April 14, 2022, Plaintiff Luis Licea filed a single count complaint for violation of the Unruh Civil Rights Act (Civil Code § 51). The Complaint alleges that Plaintiff is a blind individual “who requires screen reading software to read website content and access the internet.” Defendant Limelight Networks, Inc. (Limelight) allegedly maintained its website, https://investor...

Excerpt: ... This is an action involving breach of contract and negligence against insurance companies and their agents for procuring the wrong policy. In April 2019, Plaintiff Rotax, Inc. allegedly entered into an agreement with M.L. Enterprise where Rotax would store merchandise in a warehouse that was leased by M.L. As part of the agreement, Rotax required that M.L provide insurance on the stored merchandise. Rotax referred M.L. to Edik Davidyan to facili...

Excerpt: ...ral Act of 2004 is granted. Background Plaintiff Oscar Castro Lopez, individually and on behalf of other aggrieved employees, filed a class and representative action complaint against Motorcar Parts of America (MPA) and Fairway Staffing (collectively Defendants). The Complaint alleged nine causes of action: seven violations of the Labor Code for failure to pay minimum wages, pay overtime, provide meal and rest periods, indemnify business expenses...

Excerpt: ...CASE In November 2021, Plaintiff Valley West Partners GP filed a complaint against Defendant UGC Laboratories, LLC alleging nine causes of action for false promise, intentional misrepresentation, concealment, negligent misrepresentation, conversion, unfair business practices, constructive trust, unjust enrichment, and breach of written contract. The Complaint alleged that the parties entered into a written “Hemp Processing Agreement” in which...

Excerpt: ...a Gomez (Plaintiffs) filed a complaint against Alejandro Jauregui (Defendant) alleging claims for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, and (6) private nuisance. The Complaint avers that Plaintiffs were tenants in an apartment owned by Defendant “during the last four years.” Pla...

Excerpt: ...greed that Plaintiff Kaleb Logan is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $125,519.50 (divided between two law firms: $21,539.00 for Norman Taylor & Associates and $103,980.50 for Wirtz Law), with an enhancement of 1.5, in the amount of $62,759.75, and costs of $17,214.83. The total requested i...

Excerpt: ...e representative portion of the PAGA claim and the Court stays the case pending arbitration. Background On November 12, 2021, Samuel Singh (Plaintiff), individually and on behalf of all aggrieved employees, filed a representative action complaint against West Covina Motor Group LLC and Trophy Automotive Dealer Group LLC (Defendants). The Complaint alleges a violation of the California Labor Code Private Attorneys General Act (PAGA) of 2004. Speci...

Excerpt: ...laintiff or Abam) filed a complaint against Defendant Archstone Toluca Hills LLC (Defendant or Archstone) alleging wrongful eviction, negligence, and extortion. On May 23, 2022, Plaintiff filed a Form POS-040 indicating personal service on “Chris Evans/Melissa Hernandez.”[1] However, no address was listed on the form. Two weeks later, Defendant Archstone specially appeared and moved to quash service of summons. It argues that the proof of ser...

Excerpt: ... Judgment is denied. The Motion for Summary Adjudication is granted as to the fourth cause of action for negligent repair but denied for all other causes of action. Background This is an action brought under the Song-Beverly Act by Plaintiffs Pedro V. Espinoza Alberto (Alberto) and Nancy T. Espinoza (Espinoza) against Defendants Ford Motor Company (Ford) and Cerritos Ford, Inc. dba Norm Reeves Ford Superstore/Norm Reeves Lincoln (Norm Reeves). Pl...

Excerpt: ...tion to Strike is denied. Defendant MKM Moving Company (Defendant or MKM) moves to strike portions of the First Amended Complaint filed by Plaintiffs Tab J. Rhodes; Lisa C. Eichert-Rhodes; Bryan K. Eichert; Natalie R. Eichert; Bryan K. Eichert, II; Zachary J. Rhodes; Kaitlyn C. Aubuchon; Kamila C. Aubuchon; Steven J. Aubuchon (Plaintiffs). The motion is directed to the allegations of punitive damages for the conversion and intentional infliction ...

Excerpt: ...ed. Background This is an action involving breach of contract and negligence against insurance companies and their agents for procuring the wrong policy. In April 2019, Rotax, Inc. allegedly entered into an agreement with M.L. Enterprise (M.L.) where Rotax would store merchandise in a warehouse that was leased by M.L. As part of the agreement, Rotax required that M.L provide insurance on the stored merchandise. Rotax referred M.L. to Edik Davidya...

Excerpt: ... Laboratories, LLC alleging nine causes of action for false promise, intentional misrepresentation, concealment, negligent misrepresentation, conversion, unfair business practices, constructive trust, unjust enrichment, and breach of written contract. The Complaint alleged that the parties entered into a written “Hemp Processing Agreement” in which Valley West would provide 60,000 pounds of dried milled biomass hemp to UGC, for which UGC woul...

Excerpt: ...Amended Complaint (the Complaint) alleging causes of action for: breach of contract, breach of fiduciary duty, an accounting, fraudulent concealment, and money had and received. The Complaint alleges that Cleopatra is a producer of the movie “Death Rider in the House of Vampires.” It entered into a contract with Defendant Timothy Woodward (Woodward) to provide support for the movie's release. Cleopatra alleged that it believed Woodward would ...

Excerpt: ...against Defendant Bashkim Cela (Defendant or Cela) alleging breach of contract under a promissory note and security agreement, claim and delivery, writ of possession, money paid and expended, account stated, and charging order. The Complaint alleged that in November 2017, Bugaj lent Cela $1,405,000, which Cela used to purchase a 1.6787% limited partnership interest in Brentwood Square, L.P. (Brentwood). The parties also entered into a security ag...

Excerpt: ...f Sierra Landscape Development, Inc. (Plaintiff or Sierra) filed a complaint against Defendants Security Paving Company, Inc. (Defendant or Security), State of California Department of Transportation (Caltrans), and Federal Insurance Company alleging breach of written contract, breach of oral agreement, common counts for agreed price and reasonable value, and claims on stop notice, payment bond, and license bond. Plaintiff Sierra is a subcontract...

Excerpt: ...filed an amended complaint against Defendant Kevin Chambers for intentional property damage and defamation. Plaintiff subsequently amended the complaint without requesting leave of the Court. This subsequent complaint added three defendants and additionally alleged assault, battery, intentional infliction of emotional distress, intentional interference with economic advantage, intentional interference with prospective economic advantage, slander,...

Excerpt: ...s, other aggrieved employees, and the State of California, against Defendants Pro Unlimited and Airbnb, Inc for (1) failure to reimburse its current and former employees for home office expenses in California and (2) Private Attorneys General Act (PAGA) penalties for that failure during the coronavirus pandemic. On May 13, 2022, Jenee Jernigan (Plaintiff) filed a motion to approve PAGA settlement under Labor Code section 2699, subdivision (l)(2)....

Excerpt: ...mplaint against her employers, M-S Cash Drawer Corporation, KBR Services, LLC, and Express Services, Inc., alleging causes of action for unlawful harassment, gender discrimination, retaliation, wrongful termination, and violations of various Labor Code sections. The parties settled the case, and Plaintiff requested dismissal on March 27, 2015. Seven years later, Plaintiff now moves to seal all court records and case information, including the req...

Excerpt: ...gainst the Hollywood Chamber of Commerce (Defendant or Chamber), Hollywood Chamber's Board of Directors, the Hollywood Walk of Fame, and the Walk of Fame Committee alleging breach of contract and negligence. The lawsuit concerns the award of a posthumous star on the Hollywood Walk of Fame that was allegedly offered to Plaintiff's grandfather. On February 22, 2022, the Court sustained a demurrer by Defendant as to all causes of action. Plaintiff t...

Excerpt: ...for Leave to File the First Amended Cross‐Complaint is granted. Cross‐complainant is ordered to file its First Amended Cross‐complaint within 10 days. The trial date is continued; the hearing date on the motion for summary judgment is vacated. 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 Mat...

Excerpt: ...BACKGROUND This is a personal injury action involving non-identical twin brothers as plaintiffs. Both complaints allege battery, elder abuse, intentional infliction of emotional distress, negligence, and negligent hiring. The defendants in both cases are the same: HSS Inc., CHA Hollywood Medical Center, Cesar Almazan, and Sergio Villareal. 20STCV17007 – Plaintiff Jerroll Dolphin's case stems from an incident on August 16, 2019, in which he was ...

Excerpt: ...ve, pre-owned 2011 BMW 750I under the Song-Beverly Act filed in this Court in June 2020. Plaintiff amended the complaint in August to add in claims for deceptive acts and fraud. The case was litigated for about fifteen months and eventually settled. On October 20, 2021, the Court entered an Order of Dismissal of the entire action with prejudice but retained jurisdiction to enforce the settlement. Both parties were present at that hearing and the ...

Excerpt: ...led a First Amended Complaint (FAC) against the Hollywood Chamber of Commerce (Chamber), Hollywood Chamber's Board of Directors, the Hollywood Walk of Fame, and the Walk of Fame Committee alleging breach of contract and negligence. Plaintiff also seeks injunctive relief. The lawsuit concerns the award of a posthumous star on the Hollywood Walk of Fame that was allegedly offered to Plaintiff's grandfather. The FAC alleged that in 1988, Plaintiff's...

Excerpt: ...ended Complaint (FAC) against Defendant Los Angeles County Office of Education (LACOE) alleging causes of action for whistleblower retaliation, retaliation for opposing disability discrimination under the Rehabilitation Act and California Education Code, and violation of the Bane Act. Plaintiff alleges that he was a Financial Operations Consultant at LACOE for the Southwest Special Education Local Plan Area (SELPA), a geographic region that provi...

Excerpt: ...everly matter and have agreed that Plaintiff Walter Alfaro is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $181,229.50, with an enhancement of 0.5, in the amount of $90,614.75, and costs of $62,210.71. The total requested is $334,054.96. Plaintiff purchased a new 2012 Sorento manufactured by Kia Motor...

Excerpt: ...l history Plaintiff CBRE, Inc. alleges that it was not paid commission as a broker in connection with the sale of real property located at 11630 Indian Hills Road in Mission Hills. CBRE filed the operative Second Amended Complaint (SAC) against the owners of the Property, Arrowtail LLC, Frank and Vera Menlo as co-trustees of the Menlo Trust, and Steven Loren Zipp (collectively “Owners”), for breach of contract. The SAC also named Krikorian In...

Excerpt: ...9STCV39966, the underlying suit). In that case, Plaintiff fell off a rented Bird electric scooter allegedly due to an uneven sidewalk caused by tree roots, breaking his neck. That case is currently in trial and pending in another department of this court. Bird contends it is obligated to indemnify the City for its litigation costs in the underlying suit. On February 11, 2022, Bird sought arbitration against Pena pursuant to its Rental Agreement w...

Excerpt: ...iff Adam Temkin sues his former employer, Vaporous Technologies, Inc., and his supervisors, Christian Rado, Nadim Haddad, and Greg Nakano, for whistleblower retaliation, wrongful termination, unfair business practices, breach of contract, negligent hiring, intention infliction of emotional distress, fraud, and Labor Code violations for failure to pay overtime wages and provide meal and rest breaks. Plaintiff filed a notice of related case, assert...

Excerpt: ... Group, PC, CardWorks, Inc., Advanta Bank, and CardWorks Servicing, LLC for violation of the Fair Debt Collection Practices Act, violation of the Rosenthal Fair Debt Collection Practices Act, malicious prosecution, and abuse of process. The allegations of the First Amended Complaint are as follows: Defendants intentionally pursued a meritless lawsuit (underlying action) against Plaintiff relating to the collection of a debt associated with a cred...

Excerpt: ...mployer, current employer, and medical insurance carrier. The Court limits the scope of the subpoenas and denies the motion to quash. On June 22, 2017, Serrano filed a complaint against Citrus and other individual defendants alleging fourteen causes of action for, inter alia, discrimination, harassment, and retaliation based on pregnancy; discrimination, harassment, and retaliation for taking leave under the California Family Rights Act; discrimi...

Excerpt: ...intiff or Gamble) filed a complaint against Defendants Allied Universal Services (Universal Protection), Palmdale Regional Medical Center (Palmdale Regional), and David Spencer (Spencer) alleging claims for racial discrimination, harassment, failure to prevent discrimination, violation of the Unruh Act, violation of the Bane Act, violation of the Ralph Act, and racial violence. Plaintiff was a security guard and was assigned to work at Palmdale R...

Excerpt: ... On February 4, 2021, Plaintiff Genius Fund I ABC, LLC (Genius ABC) filed the operative First Amended Complaint against Defendants Gary I. Shinder, Heli Holdings, LLC (Heli), Joseph Ohayon, Evan Kagan, and Yohanan Glam for avoidance of preferential transfers, fraudulent transfers, breach of fiduciary duty, conversion, unjust enrichment, breach of contract, breach of implied duty of good faith and fair dealing, civil conspiracy, and declaratory re...

Excerpt: ...l and Procedural History On December 1, 2020, Plaintiff Marvin Louis Lowery, Jr., a pro per litigant, filed the operative Complaint against Defendant Regents of the University of California. The first cause of action was for police misconduct and cited a variety of United States Supreme Court case law and violations of the First and Fifth Amendments. The second cause of action alleges unlawful detention, false imprisonment, assault, battery, and ...

Excerpt: ...lied covenant of good faith and fair dealing. The Demurer is sustained as to the third and fourth causes of action for intentional and negligent misrepresentation. Cross- complainant shall have 20 days leave to amend. Background On February 23, 2022, Plaintiff and Cross-defendant Sarah Stage (Stage or Cross- defendant) filed a complaint against Defendant and Cross-complainant Unruly Agency Limited Liability Company (Unruly or Cross-complainant) a...

Excerpt: ...ity Financial, LLC; Avidity Real Estate Services, LLC; Mayer Road Ventures LLC; Morris Law Group, P.A.; Richard Morris; and Tim Sorteberg is Granted. The Motion to Dismiss or Stay Action on Ground of Inconvenient Forum as to these defendants is moot. As to Defendant Gregg Stellick, the Motion to Quash Service of Summons and Motion to Dismiss on Grounds of Inconvenient Forum are Denied. Plaintiff Margaret O'Brien (Plaintiff or O'Brien) sued Defend...

Excerpt: ...esponding Party: Unopposed Tentative Ruling: The Motion is granted, without leave to amend. On August 24, 2021, Uri Yaron Perez (Plaintiff) filed the Complaint against Nationstar Mortgage LLC, dba Mr. Cooper, Xome Inc, Deutsche Bank National Trust Company, as Trustee for Bap Trust LLC 2007‐ AA1 Mortgage Pass‐Through Certificates Series 2007‐A1, Provident Title Company, Fremont General Credit Corporation, Landsgaard Family Trust, Olaf Landsg...

Excerpt: ...d a complaint for property damages. She alleges three causes of action: (1) general negligence, (2) intentional tort, and (3) “Other” – “The Mother was cut off from receiving his identification to give to FEMA for burial assistant and cause the Mother.” Plaintiff notes that “Olympia Hotel Apartment was the landlord under Skid Row Housing Trust and Thianne Garrett.” (Complaint, ¶ 1.) Between November 2021 and February 2022, Plaintif...