Excerpt: ...s entirety. BACKGROUND On May 17, 2023, Lucy Broadbent; David Norland; Steven, Shirley, and Eriq Quat; Julia Ganis; Scott Leslie; Denise and Jeff Turzo; Pouri Fox and Brandon Fox, and Anthony Ivanich (collectively “Plaintiffs”) filed a Complaint against 3585 Multiview, LLC (“Defendant”) and Does 1 to 50. Plaintiffs allege that Defendant's construction efforts on an upslope property caused mudslides and damages to Plaintiffs' respective pr...

Excerpt: ...endants' motion for summary judgment is denied. Defendants' motion for summary adjudication is granted as to the first, second, third, fifth, and sixth causes of action and Plaintiff's claim for punitive damages. Summary adjudication is denied as to the fourth cause of cause of action for declaratory relief. BACKGROUND This action arises in connection with the representation of Jason Lanc (“Plaintiff”) by Nick Movagar, Steven Yamin, Daniel Re...

Excerpt: ...sanctions are denied. BACKGROUND On June 8, 2023, Bethany Kristovich (“Plaintiff”) filed a Complaint against Jonathan Benshalom, 727 Las Palmas, LLC, JR Pool & Spa Service Inc., JR Pool and Spa Services, Yoram David Najum aka Jerome Najum, Amit Apel Design, Inc., Amit Apel, Yuzon & Associates, Inc., Benigno Sari Yuzon, and Does 1 to 100. The Complaint alleges three causes of action: (1) violation of the standards set forth in Civ. Code §§ 8...

Excerpt: ... 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, without leave to amend. BACKGROUND This action arises out of the alleged exposure to chemicals of Shawn Michael Dolmage (“Decedent”) during his employment as a synthetic turf installer for Beyond the Turf, Inc. (“Beyond”). Accordin...

Excerpt: ...TATIVE: Defendant Parsoda's demurrer to the fourth cause of action is sustained with 20 days leave to amend. Parsoda's motion to strike is also granted with 20 days leave to amend. The court sets an OSC Re Amended Complaint for December 4, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On March 22, 2023, Angel Gallegos-Botello and Araceli Mejia (collectively “Plaintiffs”) filed a Complaint against various Defendants alleging six caus...

Excerpt: ...tion is sustained without leave to amend and overruled as to the second, third, and fourth causes of action. BACKGROUND This action arises in connection with real property located at 3712 E. 6 th Street, Los Angeles, California (the “Property”). Norma Rodriguez (“Plaintiff”) alleges that she is the sole owner of the Property, and that Reyes Rodriguez, Patricia Rodriguez and Eloisa Rodriguez (“Defendants”) are her siblings. According t...

Excerpt: ...denied. BACKGROUND On November 5, 2020, John Doe 1 filed a Complaint against Roes 1 and 2. On December 8, 2020, John Doe 1 filed the operative First Amended Complaint (“FAC”) identifying the Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 as Defendants and alleging a claim for personal injuries and damages arising from childhood sexual abuse. On February 2, 2022, John Doe 2 also filed a Complaint for personal injuries and d...

Excerpt: ... PROCEEDING: Demurrer with Motion to Strike First Amended Complaint OPPOSITION: 4 October 2023 REPLY: 6 October 2023 TENTATIVE: Defendants' demurrer to the second and third causes of action is sustained with 15 days leave to amend. The demurrer to the fourth cause of action is sustained without leave to amend. Defendants' motion to strike the fourth cause of action is denied as moot, but is otherwise granted without leave to amend. The court sets...

Excerpt: ...endant on August 9, 2023. TENTATIVE: Plaintiff's Motion for Attorney's Fees and Costs is granted in the amount of $386,659.14 in fees and $37,950.78 in costs. PROCEEDING: Motion to Tax Costs MOVING PARTY: Defendant Chico's FAS, Inc. OPPOSING PARTY: Plaintiff Shapell Socal Rental Properties OPPOSITION: 22 June 2023 REPLY: 18 July 2023 SUPPLEMENTAL BRIEFS: By Plaintiff on July 28, 2023; By Defendant on August 9, 2023. TENTATIVE: Defendant's Motion ...

Excerpt: ...s 45, 52, 61, 78, and 98 as well as Paragraphs 1(b), 2(b), and 4(b) to 8(b) in the prayer for relief will be stricken with leave to amend. BACKGROUND Shanah Richardson (“Plaintiff”) entered into a written lease agreement with Roya Gheytanchi (“Defendant Roya”) for 1610 S. Crest Drive (Guest House), Los Angeles, CA 90035 (the “Property”). She moved into the Property, which Defendant Roya and Yousef Gheytanchi (collectively “Defendant...

Excerpt: ...eventh causes of action of the SAC is sustained with leave to amend. LAUSD's motion to strike is granted with leave to amend. The court sets an OSC re Amended Complaint for November 15, 2023, at 8:30 a.m. Defendant to give notice. On May 22, 2023, Jeryl Smith CPIaintiff') filed a Complaint against the Los Angeles Unified School District ("LAUSD" or "Defendant') and Does 1 to 20. The operative Second Amended Complaint ("SAC") alleges seven causes ...

Excerpt: ...ptember 8, 2022, Plaintiffs Tawanda Honors, et al.[ll (collectively "Plaintiffs") filed the instant breach of habitability action against Defendants 5505 Ackerfield Apts LLC, AJJ2020 LLC, Masuda Investments LLC, and Westar Property Management, Inc. (collectively "Defendants"). On May 11, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") against Defendants. The FAC asserts six causes of achon for (1) Breach of Contract, (2) Brea...

Excerpt: ... Silberstein (“Plaintiff ”), Ðiled a Complaint against MM Products, Inc. (“Defendant”) and Does 1 to 50. On July 3, 2023, Plaintiff Ðiled the operative First Amended Complaint (“FAC”) alleging a single cause of action for strict product liability. On July 25, 2023, Defendant Ðiled a Motion to Strike Plaintiff 's FAC. Plaintiff Ðiled opposing papers on September 19, 2023. Defendant Ðiled a reply on September 26, 2023. EVIDENT...

Excerpt: ...2023 TENTATIVE: Defendant TAF's motions for terminating sanctions are denied. Defendant TAF's motion for monetary sanctions in the amount of $2,616.00 against Plaintiff Robin Hammon is granted and denied as to the rest of the Plaintiffs. BACKGROUND Plaintiffs Robin Hammond, individually and as the parent of Sydney Hammond and Darryl Todd Hammond, II, and as the successor in interest to Darryl Hammond, deceased and Darryn Hammond (collectively “...

Excerpt: ...posing papers on 09/14/23 and Defendant Honda Performance Development, Inc. filed a joiner to Manpower's opposition on 09/18/23. REPLY: 09/25/23 TENTATIVE: Plaintiff's motion for leave to file a third amended complaint is granted. BACKGROUND On December 5, 2022, Jacob Shaw (“Plaintiff”) filed a Complaint against Honda Performance Development, Inc.; Experis US, Inc.; Experis US, LLC; Manpower Group US, Inc. (collectively “Defendants”) and ...

Excerpt: ...18,424.62 is granted. BACKGROUND This action arises in connection with the employment of Paula Salvador (“Defendant”) by Gheorghe Firescu and Gabriela Firescu (“Plaintiffs”). Plaintiffs allege Defendant acted fraudulently in using an allegedly false identity, committed conversion, defamed Plaintiffs, and caused emotional distress to Plaintiffs. In their Complaint, Plaintiffs reference on several occasions the pending underlying litigation...

Excerpt: ...petition to release the mechanic lien placed on her property by Donald L. McDonald (“Respondent.”) After the respondent was served, default was entered against the Respondent on March 6, 2023, and an order voiding and canceling the mechanic lien was entered on May 2, 2023. Petitioner's counsel believed that upon entry of the May 2, 2023 Order, there was nothing left for the court to do. However, Petitioner asserts that the court in error set ...

Excerpt: ...REPLY: July 11, 2023 TENTATIVE: Defendant RCALA's demurrer is overruled. Defendant is to give notice. Background Allenco Energy, Inc. (“Plaintiff”) formerly operated a facility of oil and gas production in the University Park community of the City of Los Angeles pursuant to an assignment of leases with the Roman Catholic Archbishop of Los Angeles (“RCALA”), which owns the property. The facility consists of 21 oil and gas production wells....

Excerpt: ...the 4AC is sustained without leave to amend as to the first through fourth causes of action and sustained with leave to amend as to the fifth through eighth causes of action. Defendant's Motion to strike is denied as moot. BACKGROUND This action arises out of the employment of VJ Hirsch (“Plaintiff”) with Defendant Los Angeles Unified School District (“LAUSD”) as a math teacher. Plaintiff alleges that LAUSD hired him in November 2003 and ...

Excerpt: ...onvalescent Hospital & Retirement Center, Inc.; 1100 South Alvarado Street, LLC; San Fernando Subacute Rehabilitation Center, LLC, RG Legacy I, LLC; Two Palms Skilled Care, LLC; and Sylmar Health & Rehabilitation Center, Inc. (collectively “Plaintiffs”) Defendants AK Development & Consulting, Inc.; Genstar Labs Management LLC; Sharpline Healthcare; Estrella “Star” Choy; and Avigdor Kessler (collectively “Genstar Defendants”). TRIAL DA...

Excerpt: ...tained with leave to amend. Defendants' motion to strike is granted without leave to amend as to Paragraph 51, granted with leave to amend as to Paragraph 76, and denied as to Paragraphs 39, 62, and 76 in the Prayer for Relief. BACKGROUND On April 27, 2023, Plaintiff Steve Tyler filed a Complaint against Reid Bruton a/k/a Shawn Kravich as an individual and trustee of the SK2022 Trust dated February 16, 2022, Figure 8 Realty, Inc. (collectively �...

Excerpt: ...e to amend. The First Amended Petition is dismissed with prejudice. Defendant to give notice. BACKGROUND On December 12, 2019, Petitioner Robert Garber (“Garber”) in pro per sought a writ of administrative mandate compelling Respondents County of Los Angeles (“County”) and Department of Social Services (“DSS”) to reinstate him to the CalFresh program and pay him monthly benefits withheld from January 2020 to October 2022. On March 9, ...

Excerpt: ...aintiff's Fourth Amended Complaint is overruled. Defendant P.W. Gillibrand 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 alleged exposure to chemicals of Shawn Michael Dolmage (“...

Excerpt: ... Defendant's motion to strike is denied as moot. This case is dismissed with prejudice. Defendant to give notice. BACKGROUND This action arises out of the representation of Joseph L. Shalant ("Plaintiff") by David H. Pierce ("Defendant") in the appeal of the underlying case of Joseph Shalant v. Robert Mackston, LASC SC116968 ("Mackston") in March 2020. The Mackston case was filed on May 8, 2012, and proceeded to a jury trial on October 29, 2019. ...

Excerpt: ...s, Inc., formerly known as B.A.S. Recycling, Inc.'s (“HSB”) demurrer to the seventh cause of action is overruled. Defendant HSB's Motion to Strike is granted in part. The Court also denies HSB's request to strike the following: · Paragraph 92, lines 1-7 · Paragraph 94, lines 18-22 · Paragraph 112, lines 4-20 · Paragraph 113, lines 21-25 · Paragraph 405, lines 24-28 · Prayer for Relief, Paragraph 7, line 17 The court grants Defendant HSB...

Excerpt: ...nal Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff filed a First Amended Complaint (“FAC”). May 8, 2023, Defendants the Walt Disney Company and American Broadcasting Company (“TWDC”) filed a demurrer to Plaintiff's FAC. On June 5, 2023, the demurrer was sustained with leave to amend. Plaintiff filed a Second Amended Comp...

Excerpt: ...ut leave to amend. 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”). The SAC added new Defendants including the City of Newport Beach. The SAC alleges causes of action for: 1) Deprivation of Civil Rights, 42 U.S.C. §§ 1983 & 1985; 2) Violation of the A...

Excerpt: ...12. Plaintiffs' request for attorney's fees is granted in the amount of $1,732.50. BACKGROUND This is a lemon law action arising out of the purchase by Cesar Blanco, on behalf of Three Stars Builders, Inc. (“Plaintiffs”) of a new 2014 Dodge Ram (the “Vehicle”) manufactured by Defendant, FCA US, LLC (“FCA”). Plaintiffs allege that the Vehicle was delivered with defects and nonconformities to warranty, including engine and electrical de...

Excerpt: ...SITION: None Ðiled REPLY: None Ðiled TENTATIVE: Defendants' Motion for Orders for Sale of Interest is granted. The court orders the sale of: 1) The 40% Membership interest of Wael H.H. Awad in IMP Energy Solutions LLC; and 2) 50% interest of Wael H.H. Awad in the partnership with Harry Nadjarian described in paragraph 31 and the Tenth Cause of Action of the Plaintiffs' Complaint. BACKGROUND This action arises in connection with the sale of Ca...

Excerpt: ...r OPPOSITION: 27 July 2023 REPLY: 02 August 2023 RECOMMENDATION: Defendants' demurrer to the Second Amended Complaint is sustained without leave to amend. BACKGROUND On August 1, 2022, McKinley Michael Robinson (“Plaintiff ”) Ðiled a Complaint against Defendants National Basketball Association (“NBA”); Warner Brothers Studio; the Walt Disney Company; and American Broadcasting Company for Reparations. On January 11, 2023, Plaintiff Ðil...

Excerpt: ...tores LLC's Cross-Complaint is sustained. The court grants Plaintiff 20 days leave to amend, and schedules an Order to Show Cause Re: Amended Complaint for September 27, 2023, at 8:30 a.m. Cross- Defendant PRA to give notice. BACKGROUND This action rises out of an alleged trip and fall incident that occurred on or about March 1, 2021, at a commercial property located at 1746-1790 E. Main Street in El Cajon, CA (the “property”). Plaintiff Char...

Excerpt: ...iff is granted 30 days leave to amend. The Court sets an Order to Show Cause Re: Amended Complaint for September 29, 2023, at 8:30 a.m. Defendant to give notice. BACKGROUND On September 2, 2021, Plaintiff filed a Complaint against Defendant Franklin Burns and Does 1 to 50 for Negligence. On December 14, 2022, the parties stipulated to allow Plaintiff to file a First Amended Complaint to correct the Complaint by naming the true Defendant Franklin ...

Excerpt: ...ond and third causes of action and overruled as to the first cause of action. The Motion to strike is denied. Defendants to give notice. BACKGROUND On April 14, 2023, Adamaris Wells, a minor through her Guardian Ad Litem as successor-in-interest for Decedent Charpail Tyler Walker (“Plaintiff”), filed a Complaint against Cliffside Malibu; Access Malibu, Inc.; Cliffside Malibu 1 (collectively “Defendants”) and Does 1 to 50 for: 1) Negligenc...

Excerpt: ...for Summary Judgment is granted. BACKGROUND This action arises out of the employment of Desiree Mieure (“Plaintiff”) with the San Gabriel Unified School District (“Defendant” or “District”). Plaintiff alleges that Defendant employed her as a licensed Occupational Therapist. The operative First Amended Complaint alleges causes of action for Disability Discrimination and two counts of Whistleblower Retaliation. On October 31, 2023, Plai...

Excerpt: ...7 July 2023 TENTATIVE: The demurrer to the second, fifth, and ninth causes of action is sustained without leave to amend. The demurrer to the sixth, seventh, and tenth causes of action is sustained with leave to amend. The demurrer to the third, fourth, and eighth causes of action is overruled. The Motion to strike is granted in part as to Paragraph 15 of the FAC as to the phrase “and attorneys' fees.” The request to strike paragraphs 2, 3,7,...

Excerpt: ... lines 7 to 10 of the SAC and Exhibit 1 attached to the SAC with leave to amend. On the court's own motion, Paragraph 9(t) on page 5, lines 1 to 12, and the reference “22443.3” on Paragraph 20(f) at page 9 line 22 is stricken without leave to amend. BACKGROUND This is a dispute arising from the actions of Sonia I. Zaldivar (“Defendant”) as an Immigration Consultant in California. Immigrant Rights Defense Council, LLC. (“Plaintiff”) al...

Excerpt: ... TENTATIVE: Defendants' Motion to Compel Arbitration and Stay Proceedings is granted. BACKGROUND On November 18, 2020, Irma Chavez Garcia (“Plaintiff”) filed a Complaint against Defendants Murtex Fiber Systems; Zephyr Industries, Inc.; Fairway Staffing Services; Sergio Gutierrez; and Does 1 to 20. The Complaint alleges fourteen causes of action for: 1) Discrimination; 2) Harassment; 3) Retaliation; 4) Failure to Prevent Discrimination; Harass...

Excerpt: ...ntiffs agree to dismiss their first and fourth cause of action, and the second cause of action as against E&C. The demurrer to the third cause of action is sustained with leave to amend. BACKGROUND This is an action for breach of contract, fiduciary duty, and corporate dissolution 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�...

Excerpt: ...ntiff's request for issue and evidence sanctions is denied. Plaintiff's request for monetary sanctions in the amount of $2,310, including the $60.00 in filing fees, is granted against Defendant Zalidvar. BACKGROUND On February 3, 2023, Immigrant Rights Defense Council LLC (“Plaintiff”) filed a Complaint against Defendant Sonia I. Zaldivar (“Defendant”) and Does 1 to 100. The Second Amended Complaint (“SAC”) alleges a single cause of a...

Excerpt: ...TENTATIVE: Defendants' Motion to Transfer Venue is denied. BACKGROUND On January 13, 2023, Plaintiffs, twenty-five tenants of the residential property located at 473-563 River Road, Corona, California 92877 (the “Subject Property”) brought an action against Venkata R. Donthineni, Parvathi Donthineni, and SD Properties 301 LLC (collectively “Defendants”) and Does 1 to 100. The operative Complaint alleges five causes of action: 1) Violation...

Excerpt: ...rator is DENIED. BACKGROUND This action arises in connection with a lease for the property located at 7765-7775 Kester Avenue, Van Nuys, California (the “Property”). According to the complaint, Industrial Electronic Engineers, Inc. (“Defendant” or “IEE”) entered a written lease agreement for the Property with Cinmark Company, LP (“Plaintiff” or “Cinmark”) on February 3, 2005. The Lease has been on a month-to-month basis since ...

Excerpt: ...King Market's Motion to Compel Arbitration. The action is stayed pending arbitration. The court sets an OSC re Status of Arbitration for July 20, 2024, at 8:30 a.m. Defendant is to give notice. BACKGROUND On February 14, 2023, Narmin Behjati (“Plaintiff”) filed a complaint against Defendants B&V Enterprises, Inc. dba Super King Market (“Super King”); Tigran Baghdasaryan (“Bagdasaryan”) [1] ; and Does 1 to 20. The Complaint alleges nin...

Excerpt: ...tricken. Plaintiff is granted thirty (30) days leave to amend the Complaint The court sets an OSC re Amended Complaint for August 31, 2023, at 8:30 a.m. Danielle Ntolo ("Plaintiff') resides at 825 S Hill Street #2806, Los Angeles, CA 90014 (the "Premises") where Onni South Hill LP ("Defendant") was the landlord. Plaintiff filed the operative complaint on April 4, 2023, alleging five causes of action: 1) 2) 3) 4) 5) Declaratory Relief Restitution ...

Excerpt: ...ckground This is a lemon law action arising in connection with the purchase by Shauna Sharpless and Destiny Gracian (collectively, “Plaintiffs”) of a 2019 Nissan Versa on or about January 19, 2019 (the “Vehicle”). Plaintiffs allege that Defendant Nissan North America, Inc. (“NNA”) which manufactured the Vehicle, provided Plaintiff various warranties in connection with the Vehicle in which NNA undertook to preserve or maintain the perf...

Excerpt: ... part. Plaintiff is granted 30 days leave to amend the second and thirds causes of action. Defendant is to give notice. Background This action arises in connection with the leasing and servicing of three commercial vehicles from Transportation Commodities, Inc. (“Plaintiff”). Unis Transportation, LLC (“Defendant”) entered into an agreement with Plaintiff for the leasing and servicing of three commercial vehicles on March 22, 2022, for a d...

Excerpt: ...give notice. Background This action arises out of a dispute between a tenant, Eyad Wahby (“Plaintiff”) and a property owner, Downtown Prime, LLC. (“Defendant”), regarding a commercial property located at 555 S. San Pedro St, Los Angeles CA 90021. (the “Property”). The operative First Amended Complaint (“FAC”) alleges that Defendant has raised rents in violation of the Lease Agreement between the parties. Plaintiff's FAC alleges fo...

Excerpt: ...EPLY: June 22, 2023 TENTATIVE: Plaintiff's motion is granted. Plaintiff's request for sanctions is granted in the amount of $1,900. Plaintiff is to give notice. Background This is a fraud action arising from alleged products supplied by Lief Organics, LLC (“Plaintiff”) which were received by Defendants and Judgment Debtors, specifically Defendant and Judgment Debtor Musclewerks, Inc. (“Judgment Debtor”) without payment, and were sold. On ...

Excerpt: ...tion is denied. NNA is to give notice. Background This is a lemon law action arising in connection with the purchase by Jose Vazquez Bautista aka Jose Vazquez (“Plaintiff ”) of a 2021 Nissan Sentra on January 2, 2021 (the “Vehicle”) from Defendant LAD-N, LLC, dba “Lithia Nissan of Downtown LA” (“Dealer Defendant”). Plaintiff alleges that Defendant, Nissan North America, Inc. (“NNA”), which manufactured the Vehicle, provided Pl...

Excerpt: ...r reconsideration is denied. NNA is to give notice. __________________ Background This is a lemon law action arising in connection with the purchase by Jose Padilla Gomez on behalf of A&B Lathering and Plastering Company (“Plaintiff ”) of a 2018 Nissan Titan on January 15, 2019 (the “Vehicle”) from Mossy Nissan Inc. dba Mossy Nissan Escondido (“Dealer Defendant”). Plaintiff alleges that Defendant Nissan North America, Inc. (“NNA”)...

Excerpt: ...tion is granted. Plaintiff is ordered to arbitrate her claims against Defendant. This action is stayed pending completion of arbitration. Defendant is to give notice. Background This action arises out of the employment of Catherine Soloway (“Plaintiff”) with Elevation Behavioral Health, LLC (“Defendant”). Plaintiff alleges that she began employment with Defendant on April 1, 2019, as a Behavioral Health Tech, and that she was wrongfully t...