Excerpt: ...fendant asserting causes of action under the Private Attorney General Act (“PAGA”) for failure to pay wages, to provide rest periods, and to timely pay wages due at separation. The current Motion for Order of Approval of PAGA Settlement was filed on June, 18, 2023. No opposition was filed. REQUESTED RELIEF: Defendant requests an Order and Judgment preliminarily approving the parties PAGA Settlement. ANALYSIS: I. LEGAL STANDARD Under Labor Cod...

Excerpt: ...nagement, Inc., a California Corporation (“CMBM”); and Deepest Inner Core, Inc., a California Corporation (“DIC”, and collectively, "Plaintiffs") filed suit against West Coast Urgent Care Clinics, Inc., a California Corporation (“WCUC”); Sona Sirounian (“Sirounian”); Brigeli Westerband (“Westerband”); and Vahe Gyulnazaryan (“Gyulnazaryan”, and collectively, “Defendants”). Plaintiffs allege that Dr. Tigran Garabedyan (�...

Excerpt: ...��), City of Arcadia (“Arcadia”), and James O'Brien (“O'Brien”) (collectively, “Defendants”), alleging that O'Brien harassed and assaulted Plaintiff over the course of several weeks in 2019. Plaintiff filed a Third Amended Complaint (“3AC”) on December 13, 2022, alleging six causes of action: (1) Negligence; (2) Battery (against O'Brien only); (3) Assault (against O'Brien only); (4) Intentional Infliction of Emotional Distress; (5...

Excerpt: ...filed by Jaime Nicole Baca (“Plaintiff”). On April 18, 2023, judgement was entered for Defendant and against Plaintiff. Plaintiff now moves for a new trial on the following grounds: 1. Irregularity in the proceedings of the court (Code of Civ. Procedure § 657); 2. Improper orders of the court (Id.); and 3. The evidence was insufficient to justify the verdict (Id.); On May 12, 2023, Plaintiff filed her motion for a new trial. On May 26, 2023,...

Excerpt: ...s negligent in her care and in the supervision of a third-party patient who attacked Plaintiff while she was a patient at Defendant's hospital. Plaintiff moves to compel further responses to her Request for Admissions (“RFA”) (Set Two), Form Interrogatories (Set Three), and Special Interrogatories (Set Three). HISTORY: On May 9, 2023, Plaintiff filed her motions to compel further responses to RFA and Form Interrogatories. On May 24, 2023, Def...

Excerpt: ...�Defendants”) . Also on May 2, 2023, Defendants submitted their memorandum of costs (“MOC”). Plaintiff now moves to tax two categories of costs he claims are impermissible under Code of Civil Procedure (“C.C.P.”) § 1033.5. HISTORY: On May 15, 2023, Plaintiff filed his motion to tax costs. On May 24, 2023, Defendants filed their opposition. On May 31, 2023, Plaintiff filed his reply. ANALYSIS: I. LEGAL STANDARD “‘The right to recove...

Excerpt: ...ren Amirkhanyan (“Amirkhanyan”) and Alpine Meadows Homeowners Association aka Alpine Meadows HOA (“Alpine”). The action arises out of a fire that took place in a townhouse owned by Amirkhanyan and rented by Plaintiffs. Farmers Insurance Exchange (“Farmers”), a non-party, now moves to quash two deposition subpoenas served upon them by Plaintiffs. HISTORY: On May 5, 2023, Farmers filed its Motion to Quash Deposition Subpoenas. On May 26...

Excerpt: ...ehicle. Specifically, Plaintiffs claim Defendant sold them a 2017 Chevrolet Silverado (“Vehicle”) which contained a defective transmission (“Transmission Defect”). Plaintiffs' Complaint contains four causes of action: (1) Violation of Song-Beverly Act-Breach of Express Warranty, (2) Violation of Song-Beverly Act - Breach of Implied Warranty, (3) Violation of Song-Beverly Act § 1793.2, and (4) Fraudulent Inducement-Concealment. Defendant ...

Excerpt: ...es, Inc. (“Star”), and A and M Construction, Inc. (“A&M”) (collectively “Defendants”) alleging Defendants failed to repay various loans made by Plaintiff. The Complaint contains causes of action for (1) Breach of Contract (as to Semerjian and Star), (2) Breach of Contract (as to A&M), and (3) Common Counts (as to Star). Defendants now demur to each cause of action in the Complaint. HISTORY: On February 23, 2023, Defendants filed their...

Excerpt: ...) filed suit against Scott Amin Sheikh and The Sheikh Law Firm APC (collectively "Defendants") alleging Defendants failed to adequately represent them in prior legal matters. The First Amended Complaint ("PAC") contams causes of action for (1) Negligence (Legal Malpractice), (2) Breach of Fiduciary Duty, and (3) Breach of Contract. Defendants now demurs to each cause of action in the Complaint HISTORY: On March 13, 2023, Defendants filed their de...

Excerpt: .... Plaintiff contends she purchased a homeowners insurance policy ("Policy") from Defendants prior to April 7, 2018 that covered her pets. (SAC 6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiffs dog escaped the property and subsequently bit Lode Margolis ("Margolis") who sustained substantial injuty. (SAC 9.) Plaintiff believes that these injuries were a covered loss under the Policy. Plamtiff filed her initial Complaint on December 15, 20...

Excerpt: ...ncture treatment was negligent and thereby caused her to suffer a collapsed lung. On September 22, 2020, Plaintiff filed her Complaint containing a single cause of action for negligence (acupuncture malpractice). Defendant now moves for summary judgment of the Complaint. Plaintiff opposes the motion and Defendant replies. EVIDENTIARY OBJECTIONS: Plaintiffs evidentiary objections Nos. 1, 2, 5, 6, 7 are SUSTAINED. Plaintiffs remaining evidentiary o...

Excerpt: ...nts") alleging Defendants failed to soundproof the floors in Plaintiffs property- in violation of Plaintiffs quiet en]oyment. On February 16, 2023, default was entered against Laurel Canyon. Laurel Canyon now moves to set aside the default pursuant to Code of Civil Procedure SS 473(b) & 425.110. HISTORY: On March 30, 2023, Laurel Canyon filed this motion to set aside default judgment. On April 3, 2023 Plaintiff filed his opposition and request fo...

Excerpt: ...adia Jean Fakoory, M.D. ("Fakoory/') in the emergency department of Providence St. Joseph Medical Center (hereinafter "ED"). On July 6, 2021, Plaintiffs filed a complaint against Fakoory, Providence Health System-Southern California dba Providence St. Joseph Medical Center erroneously sued as Providence St. Joseph Med Ctr ("Providence"), Woody Herman Jackson, M.D. ("Jackson"), Robin Solymanijam, M.D. ("Solymanijam"), Karo K Arzoo, M.D. ("Arzoo"),...

Excerpt: ...ll") (collectively "Defendants"). Plaintiff seeks approximately $36,300 in unpaid rent pursuant to a lease agreement for the propergr located at 11170 Agua Vista Street Studio City, CA 91602. Defendants are both in pro per. Plamtiff now moves for summary judgment. HISTORY: On May 11, 2023, Plaintiff filed its motion for summary judgment. On May 19, 2023, Defendants filed their opposition. ANALYSIS: LEGAL STANDARD A party may move for summary judg...

Excerpt: ...alleging several causes of action arising from his employment with Defendant. Plaintiff filed a First Amended Complaint ("FAC") on December 7, 2022 containing eight causes of action: (1) (2) (3) (4) (5) (6) (7) (8) HISTORY: Failure to Provide Meal Breaks (California Labor Code 226.7 & 512 (a)); Failure to Provide Rest Breaks (California Labor Code S 226.7); Failure to Provide Accurate, Itemized Wage Statements (California Labor Code S226); Waitin...

Excerpt: ... claims Defendant sold him a car which contamed a defective sensor ("Sensor Defect"). Plaintiffs Complaint contains fivo causes of action for (1) Violation of Song-Beverly Act-Breach of Express Warranty and (2) Fraudulent Inducement- Concealment Defendant now demurs to the second cause of action for Concealment on grounds Plaintiff has not pled sufficient facts to establish his claim. Defendant also moves to strike those portions ofthe complaintw...

Excerpt: ...cause of action for wrongful use of civil proceedings. Plaintiff claims that Scuderi and his attorney Sullivan filed a baseless civil lawsuit in February of 2019. Plaintiff further claims that Scuderi and Sullivan filed this prior suit intending to prevent Plaintiff from collecting upon a small claims court judgment. Scuderi and Sullivan both move to strike the complaint as a Strategic Lawsuit Against Public Participation ("SLAPP"). HISTORY: On J...

Excerpt: ...ock Avenue, Unit 1, Studio City, CA 91604. Defendant has answered and is in pro per. HISTORY: On April 1, 2023, Plaintiff filed motions to compel responses to his Form Interrogatories, Special Interrogatories, Requests for Production of Documents ("RFPD"), and Request for Admissions ("RFA"). No oppositions were filed. RELIEF REQUESTED: Plaintiff requests the Court issue an order compelling Defendant to respond to his Form Interrogatories, Special...

Excerpt: ...upra from Toyota of North Hollywood ("Dealer"). The Complaint contains three causes of action: (1) violation of Song-Beverly Act - breach of express warranty, (2) violation of Song-Beverly Act - breach of implied warranty, and (3) violation of the Song- Beverly Act section 1793.21b). On February 2, 2023, this Court heard TMS's motion to compel arbitration. The Court, relying on Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, granted the motion...

Excerpt: ...iff visited Defendant's business establishment to purchase items and to verifi,• whether Defendant is complying with the California Unruh Civil Rights Act ("UCRA") and the Americans with Disabilities Act ("ADA"). Plaintiff alleges that Defendant's business violated ADA guidelines. On May 17, 2022, Plaintiff filed a Complaint, alleging a single cause of action for Violation of the UCRA, California Civil Code, 51 et seq. HISTORY: On March 28, 202...

Excerpt: ...on that settlement proceeds held by her, as survivor of Robert J. Walsh, are not subject to the attorney lien claimed by Foster. On January 25, 2023, Foster filed a Cross-Complaint containing a single cause of action for breach of contract. Sweeny now demurs to the Cross-Complaint on grounds Foster fails to allege sufficient facts to sustain his cause of action. HISTORY: On February 22, 2023, Sweeny filed her demurrer _ Foster filed a late opposi...

Excerpt: ...on that settlement proceeds held by her, as survivor of Robert J. Walsh, are not subject to the attorney lien claimed by Foster. On January 25, 2023, Foster filed a Cross-Complaint containing a single cause of action for breach of contract. Sweeny now demurs to the Cross-Complaint on grounds Foster fails to allege sufficient facts to sustain his cause of action. HISTORY: On February 22, 2023, Sweeny filed her demurrer _ Foster filed a late opposi...

Excerpt: ...ntains causes of action for (1) Breach of Contract, (2) Open Book Account, (3) Account Stated, and (4) Reasonable Value. The amount sought is $105,868.00. On November 14, 2022, default was entered against Defendant. On February 2, 2023, default judgment was entered against Defendant Plaintiff now moves to set aside the default judgment pursuant to Code of Civil Procedure 473(b). HISTORY: On February 23, 2023, Defendant filed this motion to set as...

Excerpt: ...-Complaint agamst Thompson containing causes of action for (1) Defamation, (2) Conversion, (3) Fraud, and (4) Assault On December 20, 2019, Thompson filed her answer to the Cross-Complaint generally denying each allegation. Years have passed wherein various attorneys have been substituted and continuances have been requested. On December 30, 2022, Thompson filed her First Amended Complaint ("FACO after her motion to amend her original complaint w...