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