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...

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...