Excerpt: ...Defendant, Los Angeles Unified School District, demurs to the second cause of action on grounds AB 218 created a new liability and is an unconstitutional gift of public funds. The appropriation of public funds for unenforceable claims serves no public purpose. In opposition, Plaintiff argues that AB 218 did not create a gift of public funds nor an unconstitutional gift. The legislation was for a public purpose. In reply, Defendant clarifies that ...

Excerpt: ...ole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent concealment, (6) theft, (7) intentional infliction of emotional distress, and (8) declaratory and injunctive relief. Plaintiff moves for judgment on the pleading on grounds the Defendant's second amended answer fails to state sufficient facts to constitute a defense to the FAC. Defense counsel ...

Excerpt: ...dual capacity as well as successor-in-interest to the Estate of Alexzander Clark. Plaintiff moves to transfer this case to any other district in Los Angeles County in the interest of preserving the Court's appearance of impartiality. Plaintiff contends that defense counsel has a mentoring relationship with the Honorable Michael Shultz, and that Defendant, Rashaan M. Everett's, mother, the Honorable Laura Walton, is a judicial officer also presidi...

Excerpt: ...Plaintiff claimed to have served Denise Kontos (“Decedent”) on August 28, 2023, although she died in September of 2022. Plaintiff did not file an opposition by November 28, 2023 (nine court days before the hearing). (Code Civ. Proc., § 1005 subd. (b).) Defendant can move to quash service of summons based on the court's lack of jurisdiction over Defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) Plaintiff bears the burden of proving by a ...

Excerpt: ...les Unified School District (LAUSD) moves for judgment on the pleading. The legislation enacting Civil Procedure § 340.1 (“AB 218”) retroactively and impermissibly revived claims previously barred, and the amendment effectively stripped Defendant of immunity. AB 218 removed a substantive element of Plaintiff's claim, which was to allege compliance with the Government Claims Act (“GCA”). The legislation constitutes an impermissible gift o...

Excerpt: ... the related matter, BC714096 SIWY Denim, Inc, Raven Denim, Inc, Kiwi Media Group, USA, Inc. v. Kris Park, Defendants alleged claims for breach of contract breach of the implied covenant of good faith and fair dealing, fraud, negligence misrepresentation, conversion, and breach of fiduciary duty. On July 31, 2023, the jury rendered its verdict in favor of Plaintiff, Kris Park (“Park”), and SIWY (collectively, “Plaintiffs”). At trial, the ...

Excerpt: ...t trial at which Defendant, Warren Jeffrey, did not appear, the Court entered judgment for $97,409.37, comprised of the principal amount alleged in the complaint, prejudgment interest, and costs. Defendant Jeffrey was the remaining Defendant after the Court struck Defendant Zircon's answer on November 29, 2022. Plaintiff requests an award of $25,768.00 in attorney's fees as provided in the credit application signed by Defendants. Defendant did no...

Excerpt: ...aintiff after he reported unlawful label tampering on meat products by changing the expiration date. Plaintiff alleges 12 employment-related causes of action arising from the alleged misconduct. II. ARGUMENTS Plaintiff argues that Defendant issued a subpoena to Plaintiff's employer, 7-11, Inc. demanding production of all employment records. The subpoena is impermissibly overbroad and violates Plaintiff's privacy. In opposition, Defendant argues t...

Excerpt: ...ndant failed to comply with its statutory obligations to replace the vehicle or pay restitution after failing to repair the defects, all in violation of the Song-Beverly Consumer Warranty Act (“SBA”). II. ARGUMENTS On March 23, 2023, Plaintiffs served a document request on Defendant. Defendant served unverified, incomplete, and deficient responses on May 24, 2022. Plaintiffs' counsel sent numerous letters and emails to Defendant to informally...

Excerpt: ...ntional inÐliction of emotional distress, and public entity liability under Gov Code § 815.2 and 815.4. II. ARGUMENTS Defendant moves for judgment on the pleading as to all claims, but speciÐically the third cause of action for public entity liability. While the legislation enacting Civil Procedure § 340.1 (“AB 218”) retroactively revived claims that were previously barred by the statute of limitations, Defendant contends the amendment ...

Excerpt: ...ecedent against his religious beliefs. Plaintiffs allege claims for (1) negligent infliction of emotional distress, (2) negligence per se (3) unlawful business practices, (4) Unruh Civil Rights Act (“Unruh”) (5) breach of contract and (6) breach of the implied covenant of good faith and fair dealing. II. ARGUMENTS Defendant demurs to the fourth cause of action for violation of the Unruh Civil Rights Act on grounds Plaintiffs lack standing to ...

Excerpt: ...sment, retaliation, and other employment-related claims. II. ARGUMENTS Defendants request relief from the Court's order of September 14, 2023, that vacated the prior order compelling this matter to arbitration. Because of defense counsel's mistake of law, the arbitrator did not receive the arbitration payment by the due date of July 7, 2023. Counsel believed that payment was timely when made, not received by the arbitrator under Civil Procedure s...

Excerpt: ...30.48. On October 23, 2023, Plaintiff filed an acknowledgement that the judgment was partially satisfied. Plaintiff moves for attorney's fees of $23,997 and costs of $98,721.59 incurred in connection with judgment enforcement and recovery efforts. The fees and costs were reasonable and necessarily incurred. III. DISCUSSION A judgment creditor is entitled to reasonable and necessary costs of enforcing a judgment. (Code Civ. Proc., § 685.040). The...

Excerpt: ...DLINE TO APPLY FOR A DEFAULT JUDGMENT AGAINST CROSS-DEFENDANT, CAST GROUP, LLC UNTIL TWO WEEKS AFTER THE CONCLUSION OF TRIAL IN THE UNDERLYING LITIGATION I. BACKGROUND This action arises from the alleged conversion of a container of gloves, purchased by Plaintiff and stored at a warehouse owned by Defendant, Midas Express, Inc., (“Midas”). The operative third amended complaint (“TAC”) alleges that Midas wrongfully transferred the containe...

Excerpt: ...SES TO SUPPLEMENTAL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE AND FOR SANCTIONS I. BACKGROUND The verified, first amended complaint (“FAC”) alleges that Defendant, Romona King (“King”), forged Plaintiff's signature on a quitclaim deed purporting to transfer Plaintiff's 50 percent interest in real property to Defendant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of in...

Excerpt: ...erty and make partial payments for all mortgage, principal, interest, taxes, and insurance. Defendants allegedly transferred their 50 percent interest in their trust but designated their interest as 83.33 percent. Plaintiff alleges claims for breach of contract, quiet title, and declaratory relief. Defendants, Teodoro Salazar and Elva Salgado, Trustees of the Salazar Living Trust (“Trust”) demur to all causes of action for failure to state cl...

Excerpt: ...public nuisance per se and public nuisance. Defendant Bank of New York Mellon (“Bank”) is Trustee with a beneficial interest in the real property. (Complaint ¶ 11.) Defendant, MTC Financial became the substituted trustee. (Complaint, ¶ 12.) Bank filed its amended answer to the complaint on December 2, 2021. The clerk entered default against Defendant, Advantix Lending, Inc. and Ditech Financial LLC, December 10, 2021. Plaintiff dismissed MT...

Excerpt: ...Serve notice of the Court's ruling on all parties entitled to receive service. If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be tak...

Excerpt: ...ant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent concealment, (6) theft, (7) intentional infliction of emotional distress, and (8) declaratory and injunctive relief. Defendant answered the complaint on April 7, 2022. On September 6, 2023, Defendant filed a First Amended Verified Answer with leave of court. II. A...

Excerpt: ...t Defendant failed to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the topics identified in Plaintiff's Notice of Deposition served on August 16, 2023. Plaintiff requested four matters for examination and six categories of document requests. Defendant made boilerplate...

Excerpt: ...s 16 causes of action for breach of implied warranty of habitability and related claims. II. ARGUMENTS Plaintiff requests leave to add a claim for unlawful lockout, denial of a pre-move out inspection, bad faith retention of deposit, unlawful entry, and assault and battery. Plaintiff argues that Defendants engaged in additional acts of misconduct after the filing of the complaint. The new claims are based on the same set of facts. Defendants will...

Excerpt: ...iff alleges claims for negligence and negligent hiring, retention, and supervision. II. ARGUMENTS Defendant, Compton Unified School District, demurs to all claims on grounds Assembly Bill 218 which attempted to retroactively revive claims such as Plaintiff's is unconstitutional. This Court never had jurisdiction over this lawsuit. The imposition of liability for a past act of negligence is construed as giving a gift of public funds (“the Gift C...

Excerpt: ...s' purchase of Main Street Gas & Food Mart (“the Mart”). Plaintiff contends Defendants deprived him of his shares and joint ownership of the Mart. RHDM and Ansari (collectively, “RHDM” or “Cross-Complainants”) filed a cross-complaint against Hesham Elbialy; Elbialy Group, Inc.; HM Petroleum Group, Inc, and Emesiry, Inc. (“Elbialy” or “Cross- Defendants”) and Monem alleging 17 causes of action for breach of contract among other...

Excerpt: ...tiff alleges claims for conversion and theft. On August 8, 2023, the Court denied Plaintiff's Motion for Summary Judgment/Adjudication and denied Plaintiff's oral request to continue the hearing and for leave to amend the complaint. On August 15, 2023, Plaintiff filed a First Amended Complaint (“FAC”) without leave of court, deleting the claim for conversion and adding claims for embezzlement of real property, fraud, statutes of fraud. II. AR...

Excerpt: ...CHOOL DISTRICT'S COMPLAINT BACKGROUND Plaintiff, Los Angeles Unified School District ("LAUSD"), alleges that Defendant Watts Learning Center Foundation, Inc. ('Watts") breached an obligation set forth in its Charter Petition to provide liability insurance covering LAUSD, and to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charter Petition. LAUSD alleges claims for breach of contract and declaratory'...