Excerpt: ...e 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), Sheraton Grand Los Angeles, and Jonathan Litvack for battery, negligence, intentional infliction of emotional ...

Excerpt: ...he Song-Beverly Act. Gabriela Gonzalez (Plaintiff or Gonzalez) sues American Honda Motor, Co. (Defendant or Honda) for breach of express and implied warranties as to a 2020 Honda Pilot (Vehicle). The Complaint alleges a defect in the Vehicle's computerized driver-assistance and collision mitigation braking system. This disrupts the Vehicle's ability to regulate its highway speed when cruise control is set and to intermittently apply the brakes ev...

Excerpt: ...stained on the fifth cause of action solely as to Defendant Rodriguez. The demurrer is also sustained on the ninth and tenth causes of action with 20 days leave to amend. The demurrer is otherwise overruled. The Motion to Strike is granted only as to paragraph 185. Background This is a negligence and discrimination case filed by the successors in interest of Pascual Alvarado Hernandez (Pascual). Maria Martha Alvarado (Maria), Ana Cecilia Alvarado...

Excerpt: ...etermined at the hearing. Background On June 4, 2021, Plaintiff Alexander Gnaedig filed the Complaint against Defendant Favorite Healthcare Staffing, Inc. (Favorite) under the Private Attorneys General Act (PAGA) for numerous Labor Code violations including failure to pay overtime wages, provide meal/rest periods, and failure to maintain accurate payroll records. On November 18, 2022, the parties stipulated to Plaintiff filing a First Amended Com...

Excerpt: ...ght under the Song-Beverly Act by Plaintiffs Aaron Caver (Caver) and Tynisha Knox (Knox) against Defendant Kia Motors America, Inc. (Kia). Plaintiffs are co-owners of a 2016 Kia Soul (Vehicle). Knox initially leased the Vehicle in December 2015 from Kia of Downtown and in January 2020, Knox and Caver purchased the Vehicle from Car Pros Kia Glendale. The Complaint alleged claims for (1) violation of Civil Code section 1793.2, subdivision (d), (2) ...

Excerpt: ...hnas 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, L...

Excerpt: ...ick Consulting, LLC; Padaro Holdings, LLC and Padaro Trails, LLC Responding Parties: Plaintiffs Dean C. Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments, LLC Tentative Ruling: The motion for summary adjudication is denied. Background On November 5, 2021, Plaintiffs Dean Delis, Margaret Delis (Meg), Drew Delis, Delakis LP, and DMD Investments LLC (collectively Plaintiffs) filed the Third Amended Complaint (Complaint) against twen...

Excerpt: ...do H. Boglio dba Tomatillo Mexican Grill, LLC, Murray Mountain, Inc., Eli Rappaport, Alsham Restaurants, Inc., Yasser Alraies, and Hasan Charihi for breach of contract. In September 2009, Defendant Eduardo H. Boglio dba Tomatillo Mexican Grill, LLC entered into a written, 10-year lease agreement with Plaintiff. Boglio individually executed a personal guaranty on that lease. In October 2009, a First Amendment to the lease changed the name of the l...

Excerpt: ... or Plaintiff) sues his former employer, Vaporous Technologies, Inc. (the Company), and his supervisors, Christian Rado (Rado), Nadim Haddad, and Greg Nakano (collectively Defendants), 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. De...

Excerpt: ...e. Jeannine Palombizo (Plaintiff) sues Carlson Family LLC, Paradigm Property Management AKA Paradigm, Inc., Daniel Crisci, Mercene Carlson, and Joann Carlson (Defendants) for breach of the implied warranty of habitability, breach of implied warranty of quiet enjoyment, breach of contract, private nuisance, premises liability, negligence, retaliation, violation of Civil Code section 1942.4, unfair business practices, unlawful housing practices, fa...

Excerpt: ...herwise denied as to the request to compel Plaintiff to consolidate his original PAGA claim with his other employment claims and the dismissal of the representative portion of the PAGA claim. The Court stays the remaining PAGA representative claim pending arbitration. Background In January 2022, Arnulfo Esquivel, Jr. (Plaintiff) filed a representative action complaint against Clean Energy (Defendant). The Complaint alleges a violation of the Cali...

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