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...

Excerpt: ...estar method in the amount of $111,110.75 (divided beb,veen two law firms: $95,944.50 for Kmght Law Group and $15,166.25 for Boucher). Plamtiffs' requestfor costs of $33,716.33 is granted. The total awarded is S144,827.08 This is an action brought under the Song-Beverly Act by Plaintiffs Pedro V. Espinoza Alberto (Alberto) and Nancy T. Espinoza (Espinoza) (collectively "Plaintiffs") against Defendants Ford Motor Company (Ford) and Cerritos Ford, ...

Excerpt: ...t by Plaintiffs Aaron Caver (Caver) and Tynisha Knox (Knox) against Defendant Kia Motors America, Inc. (Kla) and DOES 1-10. Plaintiffs are co- owners ofa 2016 Kia Soul (Vehicle). Initially, Knox leased the Vehicle by herself in December 2015 from Kia of Downtowm. Then, in January 2020, Knox and Caver purchased the Vehicle together from Car Pros Kia Glendale. The First Amended Complaint alleges claims for (1) violation of Civil Code section 1793.2...

Excerpt: ...laint against Defendants Kindred Dr. Banafshe, and Nurse Precious for general negligence based on the death of Plamtiffs spouse in April 2019. On January 9, 2023, Defendant Dr. Paymon Banafshe ("Defendant') was substitute served with the summons and complaint for this action. On February 10, 2023, Defendant filed the instant motion to dismiss for delayin service of summons and complaint under Code of Civil Procedure sections 583.410 and 583.420(a...

Excerpt: ...h cause of action Background This is an action brought under the Song-Beverly Act by Plaintiff Milton Aparicio (Plaintiff or Aparicio) against Defendants Mercedes-Benz USA, LLC (Mercedes-Benz) and Keyes European (Keyes) (collectively, "Defendants") alleging defects in the 2019 Mercedes-Benz (Vehicle) he leased from Keyes. The Complaint sets forth claims for (1) violation of Civil Code section 1793.2(d), (2) violation of Civil Code section 1793.2(...

Excerpt: ...'s demurrer to plaintiffs' sixteenth, and twenty-first causes of action, with leave to file a second amended complaint within twenty days. The court sustains defendant's demurrer to plaintiffs' fourteenth, twenty- sixth, and twenty-eighth causes of action without leave to further amend their complaint. The court reaffirms its prior order sustaining defendant's demurrer to plaintiffs' twentieth cause of action without leave to amend and striking p...

Excerpt: ...: Defendants' motion to compel arbitration and stay proceedings is granted. Background This motion concerns a dispute about whether this action should be compelled to arbitration. This is an action for wrongful termination and Labor Code violations. On May 13, 2022, Jake Choi (PlaintifO sued TJ Sierra RMG, Inc. dba Tenno Sushi, A Mi Japanese Restaurant, Inc„ Crazy Tokyo Sushi Group, Inc., 321 JC, Inc., Kopan Ramen — LA, and Sushi Moon Japanes...

Excerpt: ...rto Plaintiffs' Complaintis sustamed as to all four causes of action. Plaintiffs are granted 30 days leave to amend. Background This case arises out of an alleged breach of an oral agreement to jointly purchase real estate. Morad Ben Neman and Lancaster Eagle, LLC (collectively, "Plamtiffs") file suit against Payam Bahari, Freydoon "Fred" Bahari Moghadam, Haim Bahari, Tal Bahari, and three entities: (1) 114 Grand Cypress, LLC, (2) Cavalini, Inc.,...

Excerpt: ...ff Christopher Davis brings this employment action against Defendant County of Los Angeles. Plaintiff is an African American veteran of the Los Angeles Fire Department ("the Department"). In 201 Plaintiff applied for the position of Captaim As part ofthe promotion process: Plaintiff prepared a Promotional Resume Appraisal of Promotability ("PRAP"): which is essentially a book containing documents and information enabling the Department to evaluat...

Excerpt: ...$3,431.65 in costs after the Court granted his motion for summary judgment on December 20, 2022, against Defendant Laugh Factory, Inc. ("Defendant"), awarding him $4,000 in statutory damages and issuing an in]unctive relief order that Defendants website comply with accessibiliö,' requirements. On April 3, 2023, Plaintiff moved for attorney fees and costs. Defendant opposed. The Court makes necessary adjustments to the fee request because of inad...

Excerpt: ...nis Majors, Bank of New York Mellon: A2Z Homes, and Travis Azevedo 22STCV25801 New Rez LLC dba Shellpoint Mortgage Sen-icing: Bank of New York Mellon N Bank of New York Mellon: Mortgage Electronic Registration Systems, Inc., A2Z Homes, and Travis Azevedo Aposta: Inc. The Demurrer is sustained without leave to amend. This case turns on competing claims to an interest in real property. Plaintiff Aposta Inc. ("Plaintiff' or "Aposta") claims sole tit...

Excerpt: ...Robert K. Plaintiff Jane A.V. Doe Defendants' motion to strike is granted; the Complaint is dismissed. Plaintiffs amended motion for in camera finding of reasonable and meritorious cause is denied. Background and Procedural History This is a childhood sexual assault case. On December 29, 2022, Plaintiff Jane A.V. Doe ("Plaintiff') sued Specially Appearing Defendants Los Angeles Unified School District ("LAUSD") and Robert Carey ("Care" (collectiv...

Excerpt: ... procedural history Plaintiff Tanc & Vogel Constmction: LLC dba Tanco General Contractors sued Defendants Golden Phoenix Holdings: LLC: Dji Jila: Illuian Jila: and DJI LLC in connection u.ith a constmction project at real property located at 8271 Melrose Avenue: Unit 100, Los Angeles, CA 90046. The Complaint alleges breach of contract, common counts: foreclosure on mechanic' s lien: and quantum memit. On February 23, 2022, Plaintiff filed a notic...

Excerpt: ...ause of action and SUSTAINED with leave to amend as to the fifth and sixth causes of action. The Motion to Strike is GRANTED as to item (b) in the prayer for relief and otherwise DENIED as moot. This case arises out of an incident involving a water truck falling into a sinkhole. Plaintiff Martinez dba Agua Dulce Water Tlucks & Transportation ("Plaintiff') alleges that on May 14: 2021: his water truck fell into a sinkhole on a vacant lot near Vale...

Excerpt: ...fs sued defendants on November 28, 2022 for breach ofthe implied warranty of habitability, tonious breach of the implied warranty of habitability: negligence: intentional infliction of emotional distress, private nuisance, violation of Civil Code section 1942.4: and unfair business practices. Accepting the allegations in the complaint as tme for the purposes of demurrer: plaintiffs have rented the residential property located at 423 Laurel St., A...

Excerpt: ... Plaintiff Melvon George The Motion for Summary Judgment is granted. This is an employment action in which the Plaintiff Melvon George ("Plaintiff') alleges that he was terminated for taking time off following the birth of his son in April 2019. Plaintiff filed this action on August 13, 2020, alleging causes of action for associational disability discrimination in violation of FEHA, associational sex discrimination in violation of FEHA, failure t...

Excerpt: ... 2007 for (1) partition of the real property located at 845, 847, and 847 1/2 West 48th Street, Los Angeles, CA 90037, Assessor Parcel No. 5018-011-006 ("the ProperM'), and (2) breach of fiduciary duty owed to plaintiff and to his father, the prior owmer of the Property. Defendants purchased the Property with plaintiffs father in 1979. According to plaintiff, defendants owmed a 1/2 interest and plaintiffs father owned a 1/2 interest in the Propef...

Excerpt: .... Background On April 8, 2022, plamtiff Michael Laguerre and several dozen of his fellow tenants sued defendants Manhattan Loft LLC (Manhattan Loft), Erica Rivera, Pam Pham-Le, and Does 1 through 100 for alleged violations of landlord-tenant laws and related causes of action. The following month, plaintiffs amended their complaint to add four new corporate defendants: SBDTLAI, LLC; SBDTLA2, LLC; SBDTLA3, LLC; and SBDTLA4, LLC (collectively "the S...

Excerpt: ...eave to amend. Background and procedural history In this employment case, Keya Persley ("Plaintiff') sues Leo Aguila, Tim Woodland, and Trader Joe's Company (collectively, 'Defendants') for breach of express '"Titten contract, breach of implied contract, breach of the covenant of good faith and fair dealing, wrongful termination, discrimination, retaliation, harassment, violation of Callfomia Labor Code section and (f) and 230.1 violation of Labo...

Excerpt: ...ural History On November 5, 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. Plamtiff 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 h...

Excerpt: ...causes of action for breach of contract and common counts. On February 14: 2023 Plaintiff Touchstone Marble and Granite ("Touchstone Marble and Granite") filed a First Amended Complaint ("FAC") alleging causes of action for breach of contract and common counts Touchstone Marble and Granite has not explained the difference in the party name. Neither pleading is verified. Defendant J Allyn Construction, Inc. ("Defendant") demurs to the first amende...

Excerpt: ... to the second, fourth, fifth, and sixth causes of action and denied in part as to the first and third causes of action. The action is stayed pending arbitration. This is an action for sexual harassment and violations of the Fair Employment and Housing Act (FEHA) and Labor Code. Plaintiff Sandra M. Doe initiated this action against Defendants Global Freight Solutions Inc. ("GFS"), Barret Business Services, Inc. ("BBSI"), Miguel Mayanes ("Mayanes"...

Excerpt: ...ion for summary adjudication as to second cause of action for unfair business practices, fifth cause of action for violation of Civil Code section 2924.17, sixth cause of action for violation of T seventh cause of action for violation of the Fair Debt Collection Practice Acts, and eighth cause of action for slander of title is DENIED. Defendant Trinity Financial Services Inc.'s motion for summary adjudication as to the first cause of action for p...

Excerpt: ...tiff and judgment creditor Douglas A. Bagby (Bagby) obtained a court order for Defendant and judgment debtor Joseph Daniel Davis (Davis) to appear for a judgment debtor examination in this Court. Davis moves to quash that order pursuant to Code of Civil Procedure sections 708.200 and 708.160(b) on the grounds that he neither resides in nor has a place of business in Los Angeles County, or within 150 miles of the place of examination. The Court co...

Excerpt: ...e to amend as to the third, fourth, fifth, and sixth causes of action. The motion to strike is moot. On February 8, 2022, plaintiff Steve Martinez dba Agua Dulce Water Trucks & Transportation (“plaintiff”) filed this action against Southern California Gas Company (“SoCal Gas”), Goldie Productions LLC (“Goldie”), and The Newhall Land and Farming Company, Inc. (“Newhall”) for damages from an incident where plaintiff's truck dropped ...

Excerpt: ... Demurrer to Cross-Complaint of Edwin Steve Najera, a/k/a E. Steve Najera Moving Party: (1) Defendant Steve Najera; (2) Plaintiff Cald Holdings LLC; and (3) Plaintiff Cald Holdings LLC Responding Party: (1) Plaintiff Cald Holdings LLC; (2) Defendant Steve Najera; and (3) Defendant Steve Najera Tentative Ruling: (1) Grant; (2) Deny; and (3) Overrule as moot. Background This is a business and real estate investment fraud case. Plaintiff Cald Holdin...

Excerpt: ...d, without leave to amend. BACKGROUND : This is a real property case in which Aposta, Inc. (Plaintiff) sues NewRez, LLC, Shellpoint Mortgage Servicing, the Bank of New York Mellon N.A., Countrywide Financial Corp., Woodside Point, LLC, Foreclosure Consultants, Inc., Mortgage Electronic Registration Systems, Inc., Countrywide Home Loans, Inc., ZBS Law LLP, Bank of America N.A., A2Z Homes, Inc., Garnet Investment Consulting, Inc., Ahmad Azad, Travi...

Excerpt: ...guez Mendoza, asserting a single cause of action for breach of contract. Plaintiff alleges it loaned Defendants $54,386.42 to improve residential property. The terms called for Defendants to repay Plaintiff $81,579.63 on September 18, 2020. Defendants eventually sold the property at a profit but failed to repay Plaintiff any amount. Default was entered against both individual Defendants on February 28, 2022. A few OSC re default judgment hearings...

Excerpt: ... The motion to strike is moot. On February 8, 2022, Plaintiff Steve Martinez dba Agua Dulce Water Trucks & Transportation (“Plaintiff”) filed this action against Southern California Gas Company (“SoCal Gas”), Goldie Productions LLC (“Goldie”), and The Newhall Land and Farming Company, Inc. (“Newhall”) for damages from an incident where Plaintiff's truck dropped into a sink hole on Newhall's property, while transporting water for D...

Excerpt: ... motion to strike is denied. On April 7, 2022, PlaintiffTruConnect Communications Inc. ("Plaintiff") filed this action agamst Defendant Ground Floor Marketing, LLC, ("Defendant") alleging breach of agreement. After getting leave to amend the Complaint, Plaintiff filed a First Amended Complaint ("FACO on August 2, 2022. The operative FAC alleges (1) breach of contract, (2) intentional interference with prospective economic relations, (3) negligent...

Excerpt: ...ning in April 30, 2020. Plaintiffs allege he ceased paying rent beginning in May 2020. On October 6, 2022, plaintiffs sued defendant for breach of his written lease. The clerk entered defendant's default on January 30, 2023. Plaintiffs now seek judgment for $86,988.19 in general damages and $625.92 in costs. Plaintiffs' request fails for lack of proper service, and the court must therefore deny judgment and vacate the clerk's entry of default pen...

Excerpt: ...ding Party: (1) Defendant Toyota Motor Sales USA, Inc. (2) Plaintiff Reid Kawakami Tentative Ruling: (1) The Motion for Attorney's Fees is granted for a total of $412,943.50; and (2) The Motion to Strike Plaintiff's Memorandum of Costs, or in the Alternative, to Tax Costs is denied. Costs are awarded in the amount of $50,845.12. This is a lemon-law action. As alleged in the Complaint and developed in the trial record, Plaintiff Reid Kawakami (“...

Excerpt: ... Javier Hernandez, Ana Sazo, Jaiden Garcia (a minor by and through his Guardian ad Litem Ana Sazo), Christopher Medina (a minor by and through his Guardian ad Litem Yenmy Sazo), Lesly Medina (a minor by and through her Guardian ad Litem Yenmy Sazo), Adreana Medina (a minor by and through her Guardian ad Litem Yenmy Sazo), and Alexanden Medina (a minor by and through his Guardian ad Litem Yenmy Sazo). Tentative Ruling: The demurrer is overruled. T...

Excerpt: ...fault judgment for insufficient evidence in support of the amount of damages requested. Specifically: Plaintiff did not provide any evidence showing that she attempted to mitigate her damages by seeking other employment. Since then: Plaintiff has the front pay portion of damages and added her work history search to her default judgment package Plaintiff Nohemi Esmeralda Maravilla filed a complaint against Defendants Califomia Express Pizzaz Inc.:...

Excerpt: ... 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"). Plaintiffs sole cause of action is for quiet title. Defendant's Requests for Judicial Notice The Court denies Defendant's requests for judicial notice as to Exhibits D, G, I, K, L, and ...

Excerpt: ...Preston Bezos and Gavin de Becker ("Defendants") moved for $329,709.40 in attorney fees and $13,903.63 in costs incurred for their previous attorney fee application, collection efforts, and Plaintiff Sanchez's appeal of the Court's granting of Defendants' ant-SLAPP motion. Defendants also seek $42,219.50 in attorney fees and $711.29 costs incurred for the instant attorney fee application, for a total of $371,928.90 in fees and $14,614.92 in costs...

Excerpt: ...rties regarding the execution of an allegedly fraudulent quitclaim deed. The complaint additionally alleges battery, intentional infliction of emotional distress, false imprisonment, and invasion of privacy for conduct by Defendant Nathaniel Turner (Defendant or Turner) while the parties were in a relationship. Plamtiff Amaris Bell (Plaintiff or Bell) moves for enforcement of the terms of a settlement agreement that was entered on February 24, 20...

Excerpt: ...(Plaintiffs) sue Manhattan Loft: LLC: Erica Rive Raz an individual: and Pam Pham-Lez an individual (Defendants) for toffious breach of the warranty of habitability; breach of the covenant of quiet enjoyment; negligence; nuisance; violation of Civil Code 1941 _ 1; breach of contract; unfair business practices; breach of common law duty of care; violation of Civil Code section 1940.2; negligent hiring: retention: and supervision; tenant harassment;...

Excerpt: ...rejudice if Defendants are permitted to amend their Answers. On March 13, 2023, the Robert Hall & Associates group of Defendants moved for permission to amend their Answer to add two new affirmative defenses based on the statute of frauds and usury. That matter is set for hearing on April 6, 2023. Similarly, on March 15, 2023, the Stephen Hall Defendants moved to add nine new affirmative defenses; that motion is scheduled for April 10, 2023. Thes...

Excerpt: ...d Orkin, LLC The Motion for Leave to File First Amended Complaint is GRANTED. On October 27, 2021, Plaintiff Bianca Petrinec (PlaintifD filed a complaint agamst Defendants Orkin Services of California, Inc. dba Orkin Pest Control ("Orkin") Alliance Environmental Group, Inc. ("Alliance") (erroneously sued as "Alliance Environmental, Inc.") and Does 1-25, inclusive (hereinafter "Defendants") for 1) breach of contract (against Orkin and Does 1-10 on...