Excerpt: ... 04 December 2023 REPLY: 22 December 2023 TENTATIVE: Defendant Clotworthy's Motion for Summary Judgment is granted. BACKGROUND On May 7, 2021, Shana Anglin, Christopher Dean Ebersole, and minors Elijiah Makar and Rozlynn Makar through their guardian ad litem Shana Anglin (collectively “Plaintiffs”) filed a Complaint against Patrice Loraine Burton, Alex Villanueva in his official capacity as Sheriff of Los Angeles County, and Does 1 to 20. Doe...

Excerpt: ... the Pleadings is granted with leave to amend. Plaintiffs are granted 30 days leave to amend from this date. BACKGROUND On November 15, 2019, Sean Michaels (“Michaels”) and PB Consulting, LLC (collectively “Plaintiffs”) filed a Complaint against Christopher M. Stevens; the Law Office of Christopher M. Stevens (collectively “Stevens”); LKP Global Law (“LKP”) and Does 1 to 10.) The operative Complaint alleges a single cause of actio...

Excerpt: ... in part. Plaintiffs are awarded $308,340.00 in attorneys' fees. No multiplier is awarded. Plaintiffs to give notice. BACKGROUND On December 4, 2019, Iris Echeverria and Carlos Castano (collectively “Plaintiffs”) filed a Complaint against Kia Motors America (“Kia” or “Defendant”) and Does 1 to 10. The Complaint alleged three causes of action related to violations of the Song-Beverly Act: (1) breach of express warranty, (2) breach of i...

Excerpt: ...t Kia's Motion to Tax Costs is granted in part and $192.02 will be taxed from Item 13. BACKGROUND On December 4, 2019, Iris Echeverria and Carlos Castano (collectively “Plaintiffs”) filed a Complaint against Kia Motors America (“Kia” or “Defendant”) and Does 1 to 10. The Complaint alleged three causes of action related to violations of the Song-Beverly Act: (1) breach of express warranty, (2) breach of implied warranty, and (3) breach...

Excerpt: ...d through their Guardian Ad Litem, Soledad Carranza TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Strike OPPOSITION: 5 January 2024 REPLY: 11 January 2024 TENTATIVE: Defendant's motion to strike is granted. Plaintiff is granted 10 days leave to amend. The Court continues the Case Management Conference to February 23, 2024, at 8:30 a.m. and sets a Non-Appearance OSC Re: Amended Complaint for the same date and time. Defendant to gi...

Excerpt: ...: 28 December 2023 TENTATIVE: The demurrer is sustained without leave to amend only as to Defendant Robert Barnhill, Defendant Estate of Robert Barnhill and Defendant Estate of Stratton Clarence Lindenmeyer. Defendant Mary Kay Barnhill to give notice. BACKGROUND On May 6, 2022, David Gibson, as executor for and on behalf of the Estate of William Henry Braun, Jr. (“Plaintiff”) filed a Complaint against Robert Barnhill; Estate of Robert Barnhil...

Excerpt: ...o the second through sixth cause of action and denied as to the first cause of action. The action is stayed pending arbitration. BACKGROUND On July 7, 2023, William R. Welch (“Plaintiff”) filed a Complaint against Dalia Auto Paza, Inc. dba Diamond Buick GMC Cadillac Palmdale (“Defendant”) and Does 1 to 15. The operative First Amended Complaint (“FAC”) alleges six causes of action: (1) Violation of California's Consumer Legal Remedies ...

Excerpt: ...ndant LAUSD's motion to strike is moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) by Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff, proceeding in pro per, alleges that LAUSD hired him in November 2003 and has worked for San Fernando High School, Reed Middle School, Mount Gleason Middle School, Van Nuys Middle School, and Roy Romer Middle School. Plaintiff alleges ...

Excerpt: ...ross-Complaint is continued to February 9, 2024, at 8:30 a.m. Plaintiff/Cross-Defendant's supplemental brief is due January 24, 2024. Defendant/Cross- Complainant's supplemental brief is due January 31, 2024. Plaintiff/Cross-Complainant to give notice. BACKGROUND On June 23, 2023, Patrick Muh-En Lu (“Plaintiff”) filed a Complaint against Lootably, Inc. (“Defendant”) and Does 1 to 10. Plaintiff seeks declaratory relief regarding whether hi...

Excerpt: ...3 REPLY: 5 January 2024 TENTATIVE: Plaintiffs' Motion to Strike and/or Tax Costs is denied. BACKGROUND This premises liability action arises in connection with the apartment located at 6655 Obispo Avenue, Apt. 255, Long Beach, California 90805 (the “Subject Property”). Bruce Gayfield, Orpha Gayfield, and Vicki Wilson (“Plaintiffs”) lived in the Subject Property as lessees of Defendants 3101 E. Artesia Apartments, LLC., Amusement Industry ...

Excerpt: ...rust. TRIAL DATE: 30 January 2024 PROOF OF SERVICE: OK PROCEEDING: Motion for Summary Adjudication OPPOSITION: 29 November 2023 REPLY: 08 December 2023 TENTATIVE: Plaintiff's Motion for Summary Adjudication is granted as to the eighth cause of action and denied as to the first, fifth, and ninth causes of action. BACKGROUND This action involves a dispute over ownership of a property. On February 3, 2022, Lermont Moukoian (“Plaintiff” or “Ler...

Excerpt: ...er 2023 REPLY: 3 January 2024 TENTATIVE: Cross-Complainant Ideal's Motion for a Preliminary Injunction is denied. BACKGROUND This is a breach of contract, fiduciary duty, and corporate dissolution action arising out of investments made by Plaintiffs Yue Ma (“Ma”), Lihong Zhao (“Zhao”), Sunny West Coast Co. (“Sunny”), and Hua Ming Technology Co. (“HM Tech”), into Defendant Ideal International Investment, Inc. dba Ideal Logistics (�...

Excerpt: ...al Appearing Defendant's Motion to Quash is granted. The Plaintiffs' request to order Cosentino Group, S.A. to comply with jurisdictional discovery is denied. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six causes of action: (1) negligence; (2) strict liability – warning defect; (3) strict liability - design defect; (4) fraudulent co...

Excerpt: ...the first cause of action is denied. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On June 29, 2023, Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. The Defendant filed a reply on November 30, 2023. On Decemb...

Excerpt: ... amend. The court sets a Non-Appearance OSC Re: Amended Complaint for January 26, 2024, at 8:30 a.m., and continues the Case Management Conference to March 28, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On January 23, 2023, Elizabeth Opiyo (the “Plaintiff”) in pro per, filed a Complaint against New Venture, Inc. (the “Defendant”). This case arises from a landlord tenant dispute involving four properties located in Los Angeles...

Excerpt: ...rnando Subacute Rehabilitation Center, LLC; and Sylmar Health & Rehabilitation Center, Inc. TRIAL DATE: Not Set PROOF OF SERVICE: OK PROCEEDING: Motion to Compel Arbitration OPPOSITION: 7 December 2023 REPLY: 13 December 2023 TENTATIVE: Defendants' Motion to Compel Arbitration and Stay the Action is granted. The court sets an OSC Re: Status of Arbitration for January 6, 2025, at 8:30 a.m. Defendants to give notice. BACKGROUND On August 29, 2023, ...

Excerpt: ...ourt sets an OSC Re: Answer for January 31, 2024, at 8:30 a.m. The Case Management Conference is also continued to January 31, 2024, at 8:30 a.m. BACKGROUND On November 14, 2022, Eyad Wahby (“Plaintiff”) filed a Complaint against Downtime Prime, LLC (“Defendant”) and Does 1 to 20. This action arises out of a dispute between Plaintiff as tenant, and Defendant as the owner, of property located at 555 S. San Pedro St., Los Angeles, CA 90021 ...

Excerpt: ...find licensed counsel. The court sets an OSC re Defendant's Counsel for February 9, 2024, at 8:30 a.m. BACKGROUND On June 13, 2023, Paul Dodds (“Plaintiff”) filed a Complaint against Aquaco Resources, Inc. (“Aquaco”); Patrick R. McEntee (“McEntee”); and Does 1 to 100. The Complaint alleges two causes of action: (1) Breach of Contract; and (2) Conversion. On September 26, 2023, Defendant McEntee, in pro per, filed a Response to Lawsuit...

Excerpt: ...t's Motion to Quash Service of Summons and Complaint is granted. Plaintiffs are given 30 days to file a new proof of service. BACKGROUND On October 3, 2022, Sergio Camacho, Philip Saada, Esther Cohen on behalf of and as Administrator for The Estate of Jack Cohen, Ralph Cohen, on behalf of and as a Representative of the Estate of Jack Cohen, and Tower 26, Inc. (collectively “Plaintiffs”) filed a Complaint against William Sydney “Trey” Prev...

Excerpt: ... Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Code § 12940(k); (4) Failure to Provide Reasonable Accommodation in Violation of Gov. Code §§ 12940 et se...

Excerpt: ...TIVE: Defendants Hweisan Liu and E&C Logistics' demurrer to Plaintiffs' Fourth Amended Complaint is sustained without leave to amend as to the third cause of action and sustained with leave to amend as the fourth and fifth causes of action. Plaintiffs are given 20 days leave to amend the fourth and fifth causes of action. An OSC re Amended Complaint is set for __ at 8:30 a.m. BACKGROUND This is a breach of contract, fiduciary duty, and corporate ...

Excerpt: ...POSITION: 25 October 2023 REPLY: 1 November 2023 TENTATIVE: Defendant Fire's Motion for Summary Judgment is denied. Defendant Fire's Motion for Summary Adjudication is granted as to the second cause of action for Fraudulent Misrepresentation, fourth cause of action for Promissory Estoppel, fifth cause of action for Breach of the Implied Covenant of Good Faith and Fair Dealing, sixth cause of action for Fraud and Deceit, seventh cause of action fo...

Excerpt: ...s granted. BACKGROUND On March 1, 2021, Karen Majovski (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”). The operative First Amended Complaint (“FAC”) alleges seven causes of action: (1) Discrimination based on Gender or Sex in Violation of the Fair Employment and Housing Act (“FEHA”), (2) Associational Discrimination based on Gender or Sex; (3) Retaliation for Engaging in Protective Activity in Violat...

Excerpt: ...TENTATIVE: Cross-Defendants' demurrer is sustained with leave to amend. Cross- Complainants are granted 30 days to amend Cross-Complaint. Defendants to give notice. BACKGROUND On July 3, 2023, Infinity Medical Alliance, Inc. (“Plaintiff” or “IMA”) filed a Complaint against A&G Management Services, Inc. (“A&G”); Aram Sharnazyan (“Sharnazyan”); and Does 1 to 50. The Complaint alleges four causes of action: (1) Breach of Contract, (2...

Excerpt: ...t Amended Complaint Pursuant to CCP § 425.16 OPPOSITION: 20 October 2023 REPLY: 25 October 2023 TENTATIVE: Moving Defendants' special motion to strike is granted. Plaintiff's request for attorney's fees is denied. Moving Defendants' request for attorney's fees as the prevailing party shall be decided by separate motion. Court sets OSC re Why Action Should Not Be Dismissed for December 22, 2023. PROCEEDING: Demurrer to FAC with Motion to Strike O...

Excerpt: ...endants' Motion to Tax Costs is denied. BACKGROUND This action arises from Anthony Guytan's (“Plaintiff”) employment with Swift Transportation from 2015 to 2016. The Complaint alleges that during his employment, Plaintiff engaged in activities protected under the public policies, regulations, and laws of the State of California and that as a result of Plaintiff's protected activity and complaints, Swift Transportation launched into a retaliat...

Excerpt: ...fault against Defendant Newell is denied. BACKGROUND Self-represented Plaintiff Carl Gordon (“Gordon”) alleged his former attorney Defendant Felton Thomas Newell Jr. (“Newell”) and his law firm, The Newell Law Firm (“Newell Firm”) committed malpractice in representing Plaintiff giving rise to multiple causes of action. On November 21, 2019, Plaintiff filed his Complaint which alleged six causes of action against Defendant: (1) legal m...

Excerpt: ...t prejudice. BACKGROUND On April 3, 2023, Jose Diaz Bustamante (“Plaintiff”) filed a Complaint against Super Center Concepts, Inc. dba Superior Grocers (“Defendant”), and Does 1 to 20. The Complaint alleges six causes of action: (1) Disability Discrimination in Violation of Gov. Code §§ 12940 et seq; (2) Retaliation in Violation of Gov. Code §§ 12940 et seq; (3) Failure to Prevent Discrimination and Retaliation in Violation of Gov. Co...

Excerpt: ...d. BACKGROUND On January 31, 2023, Robert Alvarado (“Plaintiff”) filed a Complaint against Hood Manufacturing (“Defendant”) and Does 1 to 5. The Complaint alleges violation of Labor Code § 1102.5 and wrongful discharge. On September 29, 2023, the Defendant filed a Motion for Judgment on the Pleadings. Plaintiff filed opposing papers on November 21, 2023. Defendant filed a reply on November 30, 2023. The matter is now before the court. MO...

Excerpt: ...IVE: Defendants' Motion for Summary Judgment is denied. The court grants summary adjudication as to the first cause of action for Breach of Contract, and denies summary adjudication as to the second cause of action for Negligent Interference with Prospective Economic Advantage. BACKGROUND On August 1, 2023, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Veits; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1...

Excerpt: ...ion for Summary Judgment is denied. Defendant AIX's Motion for Summary Adjudication of the second cause of action and claim for punitive damages is also denied. BACKGROUND On September 30, 2021, Seven Lions, Inc. (“Plaintiff”) filed a Complaint against Morris Kamkar dba Kamkar Insurance Agency (“Kamkar”); USG Insurance Services, Inc. (“USG”); AIX Specialty Insurance Company (“AIX”); and Does 1 to 20. The operative Complaint allege...

Excerpt: ...PP. REPLY: 21 November 2023 TENTATIVE: Defendants' Motion to Compel Arbitration is granted. BACKGROUND This action arises out the employment of Moin Rastegar (“Plaintiff”) with Defendants, Young's Market Company, LLC. (“YMC”) and Republic National Distributing Company, LLC (“RNDC”) (collectively “Defendants”). YMC hired Plaintiff in 2008 as an Account Manager for the Pasadena territory and promoted him to House Account Specialist ...

Excerpt: ...librand Co. Inc.'s Motion to Strike is granted in part. Defendant's P.W. Gillibrand Co. Inc.'s request to strike Paragraphs 94, 113, and 345 and Paragraph 7 in the Prayer for Relief is denied and granted as Paragraphs 76, 92, 111, 343, 427, and Paragraph 1 in the Prayer for Relief. BACKGROUND This action arises out of the employment of Shawn Michael Dolmage's (“Plaintiff”) as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”)...

Excerpt: ...stained without leave to amend and overruled as to the first, second, and third causes of action in the Second Amended Complaint. BACKGROUND This action arises out of the employment of Douglas Smith (“Plaintiff”) with Burbank Unified School District (“Defendant”). Defendant employed Plaintiff who worked as a teacher since August 1, 1992. Defendant terminated his employment on May 27, 2022. According to the original Complaint, Plaintiff al...

Excerpt: ...oss-Defendants' Motion to Disqualify Counsel is denied. BACKGROUND This is an action arising out of the formation of a California entity, Plaintiff Boyle Flats Food and Beverage, Inc dba Purgatory Pizza (“BFFB”), by Plaintiff Tad Yenawine (“Yenawine”) and Defendant Alex Koons (“Koons”). BFFB is a restaurant business operated by Plaintiff and Defendant. The Complaint alleges Defendant took monies from Plaintiff BFFB's bank accounts for...

Excerpt: ...urrer to the FACC is overruled as to the first and second causes of action and sustained with leave to amend as to the third cause of action. Defendant/Cross-Complainant Braden is given 30 days leave to amend. The court sets an OSC Re: Amended Complaint for January 9, 2024, at 8:30 a.m. BakeMark to give notice. BACKGROUND On January 10, 2023, BakeMark USA, LLC (“BakeMark”) and BMark Investment Holdings, L.P.(“BMark”) (collectively “Plai...

Excerpt: ...mend. The Case Management Conference is taken off calendar. The complaint is dismissed with prejudice. Defendant is to give notice. BACKGROUND On June 15, 2023, Florinda Barrientos Godoy (“Plaintiff”), in pro per, filed a Complaint against Sedwick Claims Management Services; TD Ameritrade; Laughlin, Falbo, Levy & Moresi LLP and Diefer Law Group PC. On September 12, 2023, Defendant Diefer Law Group (“Diefer”), PC filed a demurrer to Plaint...

Excerpt: ... court sets an OSC Re: Amended Complaint for January 3, 2024, at 8:30 a.m. Defendant to give notice. BACKGROUND On July 18, 2023, Anne Heiting (“Plaintiff”) filed a Complaint against Vitamin Shoppe Industries, LLC (“Defendant”) and Does 1 to 25. The operative First Amended Complaint (“FAC”) alleges single causes of action for Violation of the California Invasion of Privacy Act (Cal. Pen. Code § 613(a).) On September 28, 2023, Defenda...

Excerpt: ...r Summary Judgment is granted. BACKGROUND On August 1, 2022, Tim Quick (“Plaintiff”), in pro se, filed a Complaint against Nancy Vets; Westchester Triangle 8, John Condon; Chris Belatto; and Does 1 to 10. The operative Complaint alleges two causes of action: (1) Breach of Contract, and (2) Negligent Interference with Prospective Economic Advantage. On January 31, 2023, Plaintiff dismissed John Condon as a defendant. On August 31, 2023, Nancy ...

Excerpt: ...' motion to strike is granted with leave to amend. BACKGROUND On April 24, 2023, Asharaf Youssef (“Plaintiff”) filed a Complaint against Kevin Y. Kanooni and K.P. Roberts & Associates (collectively “Defendants”) and Does 1 to 20. Plaintiff filed a First Amended Complaint on June 16, 2023. By the parties' stipulation, Plaintiff filed the operative Second Amended Complaint (“SAC”) on July 18, 2023. The SAC alleges three causes of action...

Excerpt: ...ING PARTY: Plaintiff Robert Gabriel TRIAL DATE: 7 May 2024 PROOF OF SERVICE: OK PROCEEDING: Motion for Summary Judgment/Adjudication OPPOSITION: 2 November 2023 REPLY: 9 November 2023 TENTATIVE: Defendants' Motion for Summary Judgment is granted. BACKGROUND On November 8, 2022, Robert Gabriel (“Plaintiff”) filed a Complaint against Select Portfolio Servicing, Inc.; The Bank of New Your Mellon f/k/a The Bank of New York as Successor in Interes...

Excerpt: ... of October 1, 2021, Order is granted. BACKGROUND This is a lemon law action arising out of the lease of a 2018 Subaru Outback (the “Vehicle”) by Alexandra Spencer and Matthew Spencer (“Plaintiffs”) from Defendant Subaru Sherman Oaks (“Subaru SO”) and manufactured by Defendant Subaru of America, Inc. (“Subaru”). Plaintiffs allege that they received various warranties in connection with the Vehicle in which Defendants undertook to ...

Excerpt: ...d with leave to amend as to Defendant Il Ok Lee only. The demurrer to the second, fifth, ninth, and eleventh causes of action is overruled. The demurrer to the sixth, seventh, and tenth cause of action is sustained with leave to amend. Plaintiff is granted 30 days leave to amend. The court sets an OSC Re: Amended Complaint for January 11, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On June 6, 2023, Hyo Jean Lee (“Plaintiff”) file...

Excerpt: ... Vacate the August 23, 2023, Arbitration Award is denied. PROCEEDING: Motion to Confirm Arbitration Award MOVING PARTY: Plaintiff Frank Afari OPPOSING PARTY: Defendants ABJAD, Inc., Ira Afari, Saiid Afari, and Manuchehr Afari PROOF OF SERVICE: OK OPPOSITION: 1 November 2023 REPLY: None filed. TENTATIVE: Plaintiff's Motion to Motion to Confirm Arbitration Award is granted. PROCEEDING: Motion to Stay Action Pending Appraisal and Sale Pursuant to Co...

Excerpt: ...urther Responses to SROGS, Set 1, No. 4 is denied, as are the parties' respective requests for sanctions. Defendant Zaldivar's Motion to Compel Further Responses to SROGS, Set 2, Nos. 7 to 14 is granted. The court awards sanctions in the sum of $500.00, plus $60.00 for the filing fee, against Plaintiff's counsel of record, Sebastian M. Medvei, to be paid to Defendant's counsel within 30 days. Defendant to give notice. BACKGROUND This is a dispute...

Excerpt: ...KGROUND On June 12, 2023, Plaintiff filed this representative PAGA action against Harbor UCLA Medical Center Guild, Inc.; ATC Healthcare Services LLC (“ATC”) and Does 1 to 100. On September 18, 2023, Defendant ATC moved to dismiss or stay the action based on forum non conveniens. Plaintiff opposes the motion. The matter is now before the court. MOTION TO DISMISS DUE TO FORUM NON CONVENIENS I. Legal Standard A defendant may move to stay or dis...

Excerpt: ...d. The case is dismissed with prejudice. Defendant to give notice. BACKGROUND This action arises from the employment of Mark Alan Clark (“Plaintiff ') with the Los Angeles Fire Department (“LAFD”), an agency department of Defendant City of Los Angeles (“City”). Plaintiff worked for LAFD for nearly 28 years until he retired on March 30, 2022. According to the Complaint, Plaintiff alleges he worked remotely and requested a religious exemp...

Excerpt: ...plaint OPPOSITION: 25 October 2023 REPLY: 31 October 2023 TENTATIVE: Defendants ReadyCap and KeyBank's demurrers are sustained with leave to amend as to the second, seventh, and ninth causes of action. The demurrer to the 10th cause of action is sustained without leave to amend. KeyBank's demurrer to the third cause of action is overruled. Plaintiffs are granted 30 days leave to amend. The court sets an OSC re Amended Complaint for December 15, 2...

Excerpt: ... October 2023 TENTATIVE: City Defendants' Motion to Stay the Action is granted. The court sets an OSC re: Status of Appeal for January 31, 2024, at 8:30 a.m. City Defendants are ordered to give notice. BACKGROUND On February 23, 2022, Plaintiff Arthur Lopez filed a Complaint against the California Department of Motor Vehicles and Steven Gordon. On March 28, 2023, the court granted Plaintiff leave to file a Second Amended Complaint (“SAC”). Th...

Excerpt: .... The court sets an OSC re Amended Complaint for December 11, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On June 27, 2023, Avishai Kohanzad (“Plaintiff”) filed a Complaint against Daftari Sion (“Defendant”) alleging three causes of action: (1) Premise Liability; (2) Trespass; and (3) Private Nuisance. On August 15, 2023, Defendant filed an Answer and Motion to Strike. On October 18, 2023, Plaintiff tried to file an amended Co...