Excerpt: ...F. Delpit, and Charles S. Clark, for wrongful eviction. The Complaint was partially handwritten and included exhibits that were not clearly referenced in the allegations. Plaintiff was self-represented at the time of the filing of the Complaint. On September 6, 2023, Plaintiff filed a Substitution of Attorney, indicating that Plaintiff is represented by counsel. Plaintiff now moves for an order granting leave to file the proposed First Amended Co...

Excerpt: ...2023, Plaintiff filed her Judicial Council Form CM-200, Notice of Settlement of Entire Case. On October 20, 2023, Plaintiff filed her Unopposed Motion for Approval of PAGA Settlement. In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Lisa Mullins; (2) Declaration of Harout Messrelian; and (3) Proposed Order. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “This part shall be kno...

Excerpt: ... of Los Angeles.” On July 24, 2023, Defendant County of Los Angeles (County) filed a demurrer the Complaint. No opposition was filed. The demurrer was sustained with leave to amend. On October 4, 2023, Plaintiff filed a 108-page “Complaint Statement Amended.” On October 6, 2023, the County filed a demurrer. That demurrer is the matter before the Court, set for hearing on November 14, 2023. But on October 9, 2023, Plaintiff filed a 61-page �...

Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401...

Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...

Excerpt: ... Complaint was filed on December 29, 2022. Plaintiff alleges the following facts. Plaintiff alleges that he was sexually assaulted when he was a minor at Saint Bernard High School. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP S 435.5. Lee W. Potts.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or imp...

Excerpt: ...ss transactions. On May 7, 2021, Jason Aryeh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross-Complaint (“the Aryeh Cross-Complaint”) against Oliver Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi, Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Oliver Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with M...

Excerpt: ...tom .... The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3)….” Plaintiff shall comply with the page numbering requirement or the pleading and briefs may be stricken by the Court on its own motion. A. Factual In her Third Amended Complaint (TAC), Plaintiff alleges seven causes of action involving her employment at and termination from Defendant's company. The causes of action are harassment, retaliat...

Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...

Excerpt: ...ent was entered against J-M. Walsworth filed a Cross-Complaint against J-M, Outside GC, LLC (“Outside”), counsel Frank Fletcher (“Fletcher”) and others, alleging they are responsible for the unfavorable judgment in the underlying asbestos case. Outside has now filed a motion seeking an order from the Court for a determination that the settlement between Outside, Fletcher and J-M was entered into good faith pursuant to CCP § 877.6. (Fletc...

Excerpt: ...) and Saeed Bholat (“Bholat”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) FEHA retaliation, (2) FEHA retaliation, (3) failure to prevent discrimination, (4) “prevention of employee's Weingarten rights – FEHA discrimination,” (5) “civil rights violation – use of video camera – FEHA discrimination,” (6) “failure to provide progressive discipline – FEHA discrimination,” (7) “failure to provid...

Excerpt: ...note secured by a deed of trust on his real property located in Redlands, California. The promissory note provided Shetty would receive a principal sum of $125,000, on which he would pay interest at 12 percent per annum. However, Defendants allegedly only lent him the principal sum of $108,000, rather than the $125,000 indicated on the note itself. When a notice of default was recorded against the property, Shetty tendered the full and correct am...

Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...

Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...

Excerpt: ...of over $400,000 in attorneys' fees, costs and interest owed by ELIOT CARMI (“Defendant”) for legal services undertaken on his behalf. Plaintiffs filed two motions to compel further discovery responses, both with monetary sanctions requests. The first motion is to compel further responses to form interrogatory number 15.1 regarding support for certain affirmative defenses. The second motion is to compel production of documents as agreed. Defe...

Excerpt: ...) for damages arising from a trip and fall over a hole on the sidewalk. On September 9, 2022, the City filed a cross-complaint against Compton Commercial Redevelopment Company (“CCRC”). On November 8, 2022, CCRC filed its Answer to the City's cross- complaint. On November 10, 2022, CCRC filed its cross-complaint against Roes 1 to 20, and later filed an amendment to cross-complaint naming the City as Roe 1 on January 17, 2023. The City filed i...

Excerpt: ...e “Vehicle”). On August 19, 2021, Plaintiff, Yuriria Cerezo Torres, filed a Complaint against Defendant, General Motors LLC, after Defendant failed to repair the Vehicle pursuant to written expressed warranty for the Vehicle and did not honor its obligations under the Song-Beverly Consumer Warranty Act. On May 18, 2023, the Court granted in part Plaintiff's motion to compel Defendant's further verified responses and documents to Request for P...

Excerpt: ...alleges that between August 22, 2013 to February 6, 2020, she personally loaned the total sum of $65,945.00 to Defendants, Jennifer O. Oh and Younhee Cho, so that Defendants could purchase a house. In return, Defendants promised to repay Plaintiff with interest by October 30, 2020 without any intention to repay the loan. Defendants have not repaid the loan. Promissory notes, written in Korean and English, as well as personal checks issued by Defe...

Excerpt: ...s, United Realty & Management, Inc. (“URMI”) and 7-Eleven, Inc. (“7-Eleven”), arising from a trip and fall on uneven pavement in the parking area in front of Defendants' 7-Eleven store. On August 31, 2020, 7-Eleven filed a Cross-Complaint against URMI, Paul Paik, and Lae Oh Paik for indemnity, apportionment of fault, and declaratory relief. Paul Paik and Lae Oh Pail (collectively, the “Paiks”), are the owners of the shopping center wh...

Excerpt: ... for injuries arising from a motor vehicle collision. On September 29, 2023, Defendant filed these motions to compel Plaintiff's further responses to Special Interrogatories, Set Two, and Request for Production of Documents, Set Two. Defendant seeks sanctions against Plaintiff and his counsel. Plaintiff filed an opposition. Defendant replied. II. LEGAL STANDARD TO COMPEL FURTHER RESPONSES TO DISCOVERY Under Code of Civil Procedure sections 2030.3...

Excerpt: ...ette Lee, for injuries arising from an attack by Defendant's two dogs. Plaintiff alleges Defendant owned, kept, possessed, harbored, and controlled two violent canines with a history of attacks of other individuals in the neighborhood. Plaintiff seeks punitive damages. On September 21, 2023, Defendant filed this motion to strike punitive damages from the Complaint. Plaintiff filed an opposition and Defendant replied. II. LEGAL STANDARD FOR MOTION...

Excerpt: ...bility action against Defendants, City of Los Angeles, County of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“MTA”), arising from a trip and fall on an uneven sidewalk at or near an MTA bus stop. Plaintiff noticed MTA's person(s) most qualified deposition on three occasions. LACMTA objected to all three deposition notices. On October 3, 2023, Plaintiff filed this motion to compel the deposition of MTA's person m...

Excerpt: ...a Corporation dba El Super for injuries arising from a slip and fall incident. Relevant Procedural Background  On July 7, 2023, Plaintiff filed motions to compel Defendant's further discovery responses to Plaintiff's Special Interrogatories, Set Two, and Requests for Production of Documents, Set Two. Defendant served untimely further responses prior to the hearing. The Court found Defendant's responses to be code-compliant. As such, the Court ...

Excerpt: ... PARTY: Plaintiff Galina Kopelev; Defendant Churchill Condominium Association I. INTRODUCTION On June 4, 2021, Plaintiff, Galina Kopelev, initiated this action against Defendant, Churchill Condominium Association, for injuries arising from a slip and fall in the sauna of Defendant's premises. On September 15, 2023, the following motions were filed:  Defendant's motion to compel Plaintiff's responses to Form Interrogatories, Set Two.  Defend...

Excerpt: ...ainst Defendant, The Vons Companies, Inc., for injuries arising from a slip and fall in a Vons' grocery store in Montrose, California. The trial date was initially set for March 2, 2023, and continued by stipulation of the parties to June 8, 2023. Discovery was set to the new trial date. On April 17, 2023, after Plaintiff did not appear for a properly noticed medical examination, Defendant reserved the first available hearing date for this motion...