Excerpt: ...ing and shipping supplies delivered to Defendants totaling $60,195.54. Plaintiff alleges claims for fraud, negligence, breach of contract, and open book account. On May 4, 2023, the Court sustained Defendants' demurrer to the first amended complaint with leave to amend but overruled the demurrer to the alter ego allegations. Defendants filed a second amended complaint on May 12, 2023. II. ARGUMENTS Defendants, PR Logistics, LLC (“Logistics”);...

Excerpt: ...or. Plaintiff alleges that Johnson engaged in acts of discrimination and harassment against Plaintiff based on her race and national origin. Plaintiff alleges claims in violation of the Fair Employment and Housing Act and a claim for whistleblower protection. On May 15, 2023, the Court issued an order to show cause why sanctions should not be imposed for Plaintiff's failure to appear at the Case Management Conference. On June 20, 2023, the Court ...

Excerpt: ...led 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 categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on August 24, 2022. Defendant objected twice with boilerplate objections and subsequently agreed to produce a witne...

Excerpt: ...g, LLC, (the "Company") to provide delivery services to third parties. To that end, the Company bought a 2016 Peterbilt tractor truck. Plaintiff alleges Defendant dissolved the Company and transferred title to the truck to herself without Plaintiff's consent. Plaintiff alleges claims for breach of contract, fraud, conversion, claim and delivery, breach of fiduciary duty, accounting, unjust enrichment and common counts. ARGUMENTS Plaintiff served ...

Excerpt: ...' MOTION TO COMPEL FURTHER VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT, KIPP FOUNDATION; REQUEST FOR SANCTIONS I. BACKGROUND The first amended complaint (“FAC”) alleges that Plaintiff, Courtney Gregory (“Plaintiff”), while employed as a teacher for Defendant, KIPP SoCal Public Schools (“KIPP”), was injured after a student attacked her with a chair. Plaintiff alleges claims for f...

Excerpt: ...endant, Hilliard Contracting Services ("Hilliard") (now dismissed) and H20 Dynamics ("H20"), who were contracted to install rain barrels at the insured's home. Plaintiff paid insurance benefits to its insured. On March 30, 2022, H20 filed a cross-complaint against Cross-Defendant Hilliard for implied indemnity, contribution, and declaratory relief. ARGUMENTS Defendant Hilliard requests a determination that its settlement with Plaintiff for $21,50...

Excerpt: ...ies. Plaintiff alleges claims for sexual assault on a minor, intentional infliction of emotional distress, negligent hiring, supervision, and retention of Doe 2, negligent supervision of a minor, and negligence. II. ARGUMENTS Defendant Doe 1, sued as Greater Faith Missionary Baptist Church of Los Angeles (“Church”), demurs to the entire complaint on grounds all claims are barred by the statute of limitations. The third cause of action for neg...

Excerpt: ... fraud and for equitable remedies. Defendant, Ray Christopher Chacon San Miguel ("Chacon"), filed a cross-complaint against Plaintiffs and others alleging three counts of fraud, violation of the unfair competition law, and declaratory relief. The cross-complaint essentially alleges that in an effort to take control of THC, Cross-Defendants, Mondler Khaira ("Khaira"), Allen Dana ("Dana"), and Quyen Kiet ("Klet"), engaged in a fraudulent scheme to ...

Excerpt: ... Plaintiff alleges claims for (1) medical malpractice, (2) medical battery, and (3) failure to obtain informed consent. II. ARGUMENTS Defendants argue that the second cause of action for medical battery and the third cause of action for failure to obtain informed consent are barred for Plaintiff's failure to present a timely government claim prior to commencing suit. The battery claim is barred by the two-year statute of limitations and otherwise...

Excerpt: ...ndant remains in possession. II. ARGUMENTS Defendant demurs to all four causes of action for failure to state a claim, on grounds the notices to pay rent or quit supporting each cause of action are contradictory. Plaintiff argues that the complaint is well pled and not based on contradictory notices. In reply, Defendant argues that while contradictory notices can be served simultaneously, they do not specify if they are separate notices of indepe...

Excerpt: ...surplus funds. Plaintiff alleges claims for conversion and theft. II. ARGUMENTS Plaintiff argues he is entitled to judgment in his favor. As he was the trustor of the Deed of Trust in Defendants' favor, he was entitled to priority for distribution of the surplus funds. No other party has superior priority. Alternatively, Plaintiff asks for summary adjudication of each cause of action. In opposition, Defendants argue that the motion is procedurall...

Excerpt: ...C”) alleges that Defendant, Venice Family Clinic (the “Clinic”) and its employees, Patricia Mendez, R.N.; and Jasmyn Tapiaarevolo, LVN, vaccinated, Bella King-Harvey (“Bella”), the daughter of Plaintiff, Kimberly King (“King”), against COVID-19 without King's permission on October 2, 2021, and October 23, 2021. Plaintiff King did not consent to have her daughter vaccinated. Plaintiffs allege 14 causes of action for negligence, inten...

Excerpt: ...DEZ MICHELLE MADISON [TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT BY STACEY KING MOTIONS TO QUASH SERVICE OF SUMMONS AND VACATE ENTRY OF DEFAULT I. BACKGROUND The first amended complaint alleges that on June 7, 2002, Plaintiff became the owner of the real property at issue when her father, Leo King, quitclaimed his 50 percent interest in the property to Plaintiff. Plaintiff discovered that Defendant, Ramon...

Excerpt: ...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 categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on May 17, 2023. Defendant made boilerplate objections and refused to produce a witness. In opposition, Defendant states it agree...

Excerpt: ... settled this matter on January 3, 2023, for $43,725.19. The parties agreed that Plaintiff would be deemed the prevailing party for purposes of this motion. (Decl. of Vanessa J. Oliva, ¶¶ 120-123. II. ARGUMENTS Plaintiff requests attorney's fees incurred to litigate this matter, prepare this fee motion, and to appear at the hearing, all increased by a .5 multiplier. Defendant did not file a motion to tax costs; therefore, Plaintiff is entitled ...

Excerpt: ...that Defendant failed to repair within a reasonable number of attempts and refused to repurchase the vehicle. Plaintiff alleges violations of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to respond to document requests to which Defendant made meritless objections. All the discovery at issue relates to Plaintiff's claims alleged against Defendant. Defendant responded with boilerplate objecti...

Excerpt: ...nd refused to repurchase the vehicle. Plaintiff alleges violations of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order compelling Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on January 25, 2022. Plaintiff served an Amended Deposition notice on May 15, 2023, however, Defendant objected a...

Excerpt: ...crimination. Plaintiffs allege claims for statutory violations of the Fair Employment Housing Act, and for a violation of the Private Attorneys General Act (“PAGA”.) II. ARGUMENTS Defendant, Amware Fulfillment, LLC, argues that Plaintiff's 12 th cause of action for PAGA violation is untimely and barred by the one-year statute of limitations. Plaintiff did not file the mandatory pre-filing notice required by statute. Defendant timely served Pl...

Excerpt: ...lex. Defendant allegedly breached the agreement by failing to begin construction as contemplated by the parties' agreement. On April 24, 2023, Plaintiff served notice to quit or vacate by May 15, 2023. Defendant remains in possession. II. ARGUMENTS Defendant demurs to the complaint on grounds Plaintiff did not allege that it gave Defendant proper notice to vacate. Plaintiff accepted rent for a portion of May 2023 after terminating the lease on Ap...

Excerpt: ...tiff alleges claims for negligence and intentional tort against Kemper Auto Insurance (“Defendant”). Defendant argues that the claim for negligence is barred by the two-year statute of limitations. Kemper is not a proper party. At the time of the incident the other driver involved in the accident, Hugo Esteban, was Defendant's insured. Plaintiff cannot bring a direct cause of action against a negligent party's insurer. Esteban was not Defenda...

Excerpt: ...iability, breach of warranty, and negligent hiring/supervision/retention/training. On April 26, 2023, the Second District Court of Appeal affirmed a ruling by the Hon. Maurice Leiter granting Defendant's Motion for Summary Judgment on grounds Defendant was Plaintiff's employer as a matter of law, and Plaintiff was barred from asserting claims against Defendant pursuant to the workers' compensation exclusivity doctrine. The Court of Appeal awarded...

Excerpt: ...ision. Nonprofits Insurance Alliance of California (“Intervenor”) moves to intervene on grounds it issued a liability insurance policy to LPW, now a suspended corporation. LPW cannot defend itself in this action as a result. Intervenor will be liable for any judgment obtained against LPW. Therefore, Intervenor is the real party in interest with a direct and immediate interest in the litigation. Intervenor timely served all interested parties....

Excerpt: ...ttempts 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 categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on May 5, 2022. Defendant objected and stated no witness would be produced. Defendant did not respond to two letters from Plaintiff requesting deposition dates....

Excerpt: ...r, Dorothea Johnson, was shot and killed on the premises. Plaintiff alleges claims for negligence and premises liability. II. ARGUMENTS A. Defendants' arguments Defendants, South Bay Villa Preservation, LLP and SBV Housing Preservation, LLP, (collectively “SPV”) demur to the second cause of action for negligence since Plaintiff was not physically present at the time her daughter was shot, and therefore, cannot claim to be a bystander for purp...

Excerpt: ...urchase 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 clai...

Excerpt: ...unable to repair. Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff alleges claims for breach of express and implied warranty against Nissan and a claim for negligent repair against Nissan of Downtown LA. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on a recent case which is persua...

Excerpt: ...y alleges claims for fraudulent concealment, negligent hiring and supervision, intentional and negligent infliction of emotional distress, and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a claim for loss of consortium. II. ARGUMENTS Plaintiffs move to amend the complaint based on discovery of new facts in April 2023. Plaintiffs will add claims for negligence, gross negligence, negligence per se, breach of fiduciary duty, and wi...

Excerpt: ...h its obligations to repair or replace the vehicle which subsequently developed defects. Plaintiff alleges claims for breach of express and implied warranty under the Song- Beverly Consumer Warranty Act (“SBA”) against Nissan and asserts a claim for negligent repair against HGreg Auto Buena Park, LLC. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on Ochoa v. Ford Motor Company (Ford...

Excerpt: ...IES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, MIGUEL VAZQUEZ, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S THREE MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, VAZQUEZ TRANSPORT, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S TWO MOTIONS FOR ORDER...

Excerpt: ...reement for use of the premises as a gas station and food mart. Plaintiffs allege Defendant forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. Defendant allegedly failed to give written notice to Plaintiffs about the sale of the premises although Plaintiffs had the contractual right to exercise an option to purchase. Plaintiffs allege claims for breach of...

Excerpt: ... termination and wage violations under the Labor Code. II. ARGUMENTS Defendant argues that Plaintiff agreed in writing to submit any claims arising out of her employment to binding arbitration under the Federal Arbitration Act and the California Arbitration Act. The arbitration agreement is not unconscionable. The Court should stay the action while the arbitration is pending. In opposition, Plaintiff argues that Defendant has not met its burden o...

Excerpt: ...Apartments. Defendant, Firth 1, LLC, (“Firth”) bought adjacent real property and built residential units. Plaintiffs allege that Defendants did not obtain a survey prior to construction and failed to meet setback requirements. The parties disputed whether McCoy's north wall was built on McCoy's property. Firth hired Defendant, Karen Korganyan (“Korganyan”), who allegedly prepared a contrived survey that misallocated the boundary to make i...

Excerpt: ...ether agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage, Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) ins...

Excerpt: ...rch 9, 2023, for Plaintiff to show proof of release of annuity funds. Moving party was ordered to give notice. (Min. Ord. 11/10/22.) Plaintiff did not give notice of the OSC set for March 9, 2023, as ordered by Judge Filer. The parties did not appear for the OSC hearing on March 9, 2023, nor did Plaintiff file proof the annuity funds were released. The Hon. Michael Shultz continued the hearing to April 28, 2023, for failure to appear and failure ...

Excerpt: ...tract, breach of the warranty of habitability, intentional infliction of emotional distress, negligence, nuisance, and wrongful eviction. II. ARGUMENTS Defendants, Tanisha McNeal and Penmar Management & Finance (“Penmar”) (collectively, “Defendants”) demur to the claim for intentional infliction of emotional distress on grounds Plaintiffs have not alleged facts showing extreme and outrageous conduct. Defendants separately move to strike p...

Excerpt: ...llege Defendants forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. If Defendants desired to sell the premises, Plaintiffs allege they had the right of first refusal. Defendants failed to give written notice to Plaintiffs about the sale. Plaintiffs allege claims for breach of contract and declaratory relief. Defendant, Mohummed S. Islam, filed a cross-com...

Excerpt: ...ant allegedly failed to repair. Plaintiff alleges claims for violations of the Song-Beverly Consumer Warranty Act and for fraudulent concealment. II. ARGUMENTS Defendant demurs to the fourth cause of action for fraudulent concealment because Plaintiff does not allege a transactional relationship giving rise to a duty to disclose, which is a necessary element of the claim. The claim is also not alleged with specificity. Since the fraudulent concea...

Excerpt: ...ien in violation of the Self-Storage Facility Act ("Act"). Plaintiff alleges causes of action for conversion, fraud, for an injunction, and for violation of the Act On December 1, 2021, the Hon. Thomas D. Long denied Plaintiffs request for a preliminary injunction. ARGUMENTS Defendant moves to bifurcate the liability and punitive damage phases. Plaintiff cannot support claims for either fraud or punitive damages. There are no facts to support the...

Excerpt: ...f a 2019 Jeep Grand Cherokee manufactured by FCA. The vehicle developed engine, transmission, and other defects that FCA allegedly failed to remedy in violation of the Song-Beverly Consumer Warranty Act ("the SBA"). On May 19, 2023, Plaintiff filed a dismissal of Defendant, Champion Chrysler Jeep Dodge ("Champion"). Therefore, the Court takes off calendar Champion's motion to compel arbitration. II. ARGUMENTS Defendant FCA requests an order compe...

Excerpt: ...l 4, 2023. The Court continued the hearing to permit Defendant to file a supplemental declaration with admissible evidence substantiating Uber's sign-in procedures on its platform. II. ARGUMENTS Uber moves to compel Plaintiff to arbitrate his personal injury claims based on the mandatory arbitration provision set forth in Uber's Terms of Service ("Terms") to which Plaintiff agreed when he signed up for a rider account. The provision delegated the...

Excerpt: ... parental rights causing Plaintiff emotional distress since the vaccinations are against Plaintiffs religious beliefs, and Defendant did not obtain Plaintiffs consent. Plaintiff King-Harvey suffers from recurring headaches. II. Arguments Plaintiffs request leave to file a Third Amended Complaint to add additional causes of action for unlawful business practice, intentional infliction of emotional distress, failure to obtain informed consent, and ...

Excerpt: ... also subjected her to daily harassment. Plaintiff resigned because she was unable to continue working in that environment. Plaintiff alleges 13 causes of action for violations of the Federal Employment and Housing Act ("FEHA"), wage violations under the Labor Code and for wrongful constructive termination. ARGUMENTS Defendant, Paramount Transportation Logistics Services, LLC, requests an order to compel Plaintiff's appearance for a mental examin...

Excerpt: ...f action for battery, negligence, emotional distress, fraudulent concealment, nuisance, and breach of contract. Defendants, Carson Hospitality Group, Inc., dba Motel 6 Los Angeles-Carson, G7 Hospitality, LLC, and Tim Lamb (collectively "Defendants") demurs to the claims for battery, intentional infliction of emotional distress, and private nuisance on grounds they are barred by the applicable statutes of limitations or otherwise fail to state suf...

Excerpt: ...m physical activities to accommodate Plaintiffs medical condition ("brittle bone disease"). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class. Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Civil Rights Act, and negligence against Defendants, Watts Learning Center Foundation,...

Excerpt: .... ARGUMENTS Defendants, PR Logistics, LLC ("Logistics"); Link Logistics Solutions, Inc. ("Link"); and ALG Worldwide ("ALG) (collectively, "the Corporate Defendants") and Robert Reznik ("Reznick"); Julieta Colio ("Colio"; and Jenny Lepe ("Lepe") (collectively, "individual Defendants") demur to all causes of action. Defendants contend the fraud claims are not alleged with specificity, and the facts do not state a basis for liability against Reznick...

Excerpt: ...between the parties. Plaintiff alleges claims for negligence and motor-vehicle negligence. In the first motion, Plaintiff asks for an order to compel Defendant, Boaz Kim ("Kim"), to appear for his deposition and for an order imposing monetary sanctions. The second motion seeks an order to compel Defendant, Arms Trans, Inc. (MATI") to designate employee(s) or other persons knowledgeable ("PMK") to testify at depositions. As both motions concern th...

Excerpt: ...rough a series of grant deeds. The property has since been placed into a living trust bearing Plaintiffs and Angelina's name, although Plaintiff contends he did not create it and has no knowledge of it. Plaintiff alleges he is not aware if the grant deeds that he and Angelina signed were either forged or obtained by fraud. Plaintiff alleges claims to quiet title, cancel instruments, and for financial elder abuse. II. ARGUMENTS Plaintiff requests ...

Excerpt: ... it is uncertain, and the two causes of action are duplicative. Plaintiff argues the claims are adequately alleged. The motor vehicle negligence claim is based on Costco's negligent entrustment of the vehicle to Zapata. In reply, Costco argues the complaint does not allege facts as to Costco's alleged negligence. Ill. LEGAL STANDARDS The bases for demurrer are limited by statute and may be sustained for failure to state facts sufficient to state ...

Excerpt: ...t based on race, color, and ancestry and retaliated against Plaintiff when he complained about the unlawful practices. Plaintiff alleges eight causes of action for employment-related claims in violation of the Fair Employment & Housing Act ("FEHA") and for failure to provide meal and rest breaks in violation of the Lalr,r Code. II. ARGUMENTS Defendants collectively ask for an order compelling Plaintiff to submit his claims to binding arbitration....

Excerpt: ...probate matter settling the Estate of Margie Lee Hamilton ("Estate"). Prior to this order, the parties, who are siblings, entered into an informal verbal agreement wherein Defendant, Tanya Hamilton, would collect the rental proceeds from tenants for deposit into the Estate's account. Plaintiff alleges he discovered that Defendant misappropriated rental income and acted as de facto landlord/owner of the properties without Plaintiffs knowledge. Pla...