Excerpt: ...��Defendants”). As alleged in the Plaintiffs' Complaint, at all relevant times, 649 Lofts and Joshua co- owned and operated the Subject Property, and SRHT was the property manager for Joshua and 649 Lofts. Pending before the Court is the motion of 649 Lofts and SHRT (“the Moving Defendants”) to strike Paragraphs 51 and 67 from the Plaintiffs' complaint, which are there to support Plaintiffs' request for an award of exemplary and punitive da...

Excerpt: ...ated activity in this litigation (“the Order”). The Defendants are Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, Mid -Century Insurance Company, and Farmers New World Life Insurance Company (collectively, “Farmers”) and Arnoldo Jaquez. As relevant here, the dates listed in the Order include Friday September 15, 2023, Sunday, September 24 through Monday, September 25, 2023, Saturday, September 30 through Su...

Excerpt: ...ilable to Dr. Matian to set aside the clerk's default. Accordingly, Dr. Matian's motion is denied. Section 473(d) authorizes trial courts to set aside any void judgment or order. A judgment or order may be shown to be void on its face for Section 473(d) purposes “when [its] invalidity is apparent from an inspection of the judgment roll or court record without consideration of extrinsic evidence.” (Pittman v. Beck Park Apartments (2018) 20 Cal...

Excerpt: ...s, but nevertheless refused to purchase the vehicle. The parties settled the litigation. The settlement agreement deems Cazares the prevailing party in the litigation, which, per Civil Code Section 1794(b), entitles Cazares to recover the fees and costs that were reasonably incurred in litigating the case. The parties were unable, however, to agree on the amount of fees and costs to which Cazares is entitled. Accordingly, Cazares filed motion for...

Excerpt: ...bruary 28, 2023, when, according, to the Plaintiffs, they were constructively evicted from the Subject Unit and vacated the premises. "[A]ny disturbance of the tenant's possession by the lessor or at his procurement which renders the premises unfit for the purposes for which they are demised or which has the effect of depriving the tenant of the beneficial enjoyment of the premises, amou nts to a constructive eviction, provided the tenant...

Excerpt: ...igations under the lease for Unit F. While Firestone's lease to Martinez for Unit F was in effect, Firestone leased Unit E on the Property to Paulina Martinez DBA Dollar Boutique (“Dollar Boutique”). The lease term for Unit E was for four years and three months, commencing on April 1, 2019 and ending on June 30, 2023. Samantha is listed as the guarantor of Dollar Boutique's obligations under the lease for Unit E. Firestone sued Martinez, Doll...

Excerpt: ... sued as Law Office of Jay G. Foonberg). Carson's complaint contains two categories of causes of action. First, under the Fair Employment and Housing Act, Carson alleges gender-based employment discrimination, sexual harassment in the workplace, retaliation for complaining about the harassment, and wrongful termination. Second, under various provisions in the California Labor Code, Carson alleges that she was misclassified as independent contract...

Excerpt: ...he FAC seeks relief for herself in her individual capacity and on behalf of Babayan's estate in her capacity as Babayan's successor in interest. In addition to Hollywood Presbyterian, the FAC names several medical doctors as Defendants. Pending before the Court are the demurrer to the FAC and motion to strike portions of the FAC that were filed by three of those doctor Defendants, Nelson Owyoung, Joseph Nussbaum, and Khaldoun Sroujieh (“the Mov...

Excerpt: ... Gonzalez is obligated to reimburse Kim for costs incurred in the Gonzalez Case under the retainer agreement between Kim and Gonzalez. Gonzalez demurred to Kim's initial cross-complaint (“CC”) on the ground that Kim failed to allege that, prior to initiating the action against Gonzalez, Kim had notified Gonzalez in writing of her right under Business and Professions Code Section 6201(a) to arbitrate the costs dispute between Kim and Gonzalez....

Excerpt: ...eement in the Gonzalez Case. Pending before the Court is Horton's motion to quash and/or for a protective order (“the Motion”) related to deposition subpoenas issued by Kim that seek business records from third parties, attorneys Bruce Traney and Pejman Ben-Cohen collectively, “the Subpoenaed Attorneys”). The records that Kim seeks from the Subpoenaed Attorneys are (1) all documents referring to the sharing of costs advanced in cases in w...

Excerpt: ..., Plaintiffs' opposition fails to address Defendants' argument that, based on the allegations in the complaint, Plaintiffs failed to vacate the leased premises within a reasonable time after the onset of the conditions that are said to have caused the constructive eviction. The reasonableness of the time period between the date of the onset of the conditions and the date a tenant vacated leased premises is a central element of a claim for constru...

Excerpt: ...aria Elena's fraud claim and motion to strike the prayers for general damages and punitive damages in Maria Elena's complaint. The Court is overruling the demurrer. The Court is denying the motion to strike, at least as to the grounds on which the Defendants' motion rests. On its own motion, however, the Court is striking the prayer for relief for punitive damages on the ground that it sets forth a specific amount of punitive damages that Maria E...

Excerpt: ...fth through fourteenth causes of action -- asserts violations of the wage and hour and meal and rest break provisions of the California Labor Code. The other category --- the sixth through tenth causes of action -- asserts discrimination and retaliation in violation of the California Fair Employment and Housing Act (“FEHA”). The complaint's eleventh cause of action, which fits in neither of those categories, asserts a claim for wrongful termi...

Excerpt: ...s withdrew that issue from the Court's consideration.) The Court is denying the motion without prejudice for the reasons set forth below. ISSUES AS TO KATONO A. Issues 1-8: Failure to Exhaust Administrative Remedies Due to Lack of Specificity of June 5, 2019 Administrative Complaint Issues 1-8 address whether Katono's June 5, 2019 administrative complaint to the Department of Fair Employment and Housing ("DEFH") was sufficiently specific to exhau...

Excerpt: ... Wireless (“Verizon”), as lessee, and Defendant Calvary Baptist Church of Gardena (“the Church”), as landlord, entered into a written Option and Building and Rooftop Lease Agreement (“Lease”) under which Verizon leased from the Church interior, rooftop and other space (collectively, “the Premises”) at commercial real property located at 15916 Crenshaw Boulevard, Gardena, California (“the Property”). The purpose of the Lease wa...

Excerpt: ...is untimely with respect to Leonardo Davila because the motion was filed more than 30 days after Mr. Davila was served with the complaint. Absent a stipulated extension or an extension from the Court, Mr. Davila's deadline for filing the motion was 30 days after service of the complaint. (Plaintiff filed the proof of service of the case number 23STCV10967 complaint, but she did so in case number 21STCV34981.) Furthermore, the motion to dismiss is...

Excerpt: ... motion on two grounds. First, he never affixed his electronic signature to the Agreement -- somebody from WSCI did. And second, the Agreement is both procedurally and substantively unconscionable and thus is unenforceable even if he did execute the Agreement. Neither argument stands up to scrutiny. Accordingly, WSCI's motion to compel arbitration is granted. (Kuylen stated in the introduction to his brief that his claims against WSCI are not enc...

Excerpt: ...a's motion to strike the prayer for punitive damages in Rodriguez's complaint and the allegations in the complaint on which the prayer rests. According to Alda, Rodriguez's complaint contains insufficient allegations that would support an award of punitive damages against Alda. The Court disagrees and is denying Alda's motion. Section 3294(a) provides that "[i]n an action for the breach of an obligation not arising from contract, where it is prov...

Excerpt: ...connection with the purchase of the Subject Vehicle. MBUSA moved to compel arbitration of Noel's Song-Beverly Act claims based on an arbitration clause in the Retail Installment Sale Contract (“RISC”) that Noel entered into with the Dealership. Noel opposed the motion. MBUSA is not a party to the RISC. Nevertheless, MBUSA argues that it can enforce the arbitration clause in the RISC under the doctrine of equitable estoppel and as a third-part...

Excerpt: ...lleged that Mason fraudulently induced Blumenfeld to invest money in property that Mason owned located at 732 N. Vista St. in Los Angeles ("the Property") in exchange for giving Blumenfeld a 1/3 interest in the Property, but then Mason fled the country with the couple's child and fraudulently transferred her 2/3 interest in the Property to Pedram, 732 N. Vista St. LLC, and 1102 Good 25 Karma LLC (collectively, "the Pedram Defendants"). Pending be...

Excerpt: ...Aside is as follows. At a hearing on July 6, 2022, the Court (per Judge Steven Kleifield) granted Plaintiff leave to file a first amended complaint ("FAC") to reclassify what had been an unlawful detainer action into an unlimited civil case. The Court determined that the reclassification was necessary because possession of the premises over which the unlawful detainer action had been based no longer was at issue and the amount of damages that Pla...

Excerpt: ...iled within sixty days of the service of the complaint “or, in the court's discretion, at any later time upon terms it deems proper.” (Code Civ. Proc., § 425.16, subd. (f).) Here in this case, the complaint of Plaintiff Daryoush Sameyah against Keyes and co-Defendant Rami Gishi was served on Keyes on August 5, 2022. Because Keyes wishes to file an anti-SLAPP motion more than 60 days after service of Sameyah's complaint, Keys had to file the ...

Excerpt: ...opportunities. Pending before the Court is the Plaintiffs' motion for an order compelling Ford to provide further responses to Request Numbers 25 and 40-45 in Plaintiffs' Special Interrogatories, Set One (“the Motion”). Ford's responses to these Interrogatory Requests consisted of objections. Plaintiffs contend that the objections are not justified. The Court agrees and is granting the Motion. Under Code of Civil Procedure Section 2030.300, s...

Excerpt: ...(a)(1) provides that “[i]f a trial is commenced but no judgment is entered because of a mistrial [the action shall be brought to trial] within three years after the order of the court declaring the mistrial . . . is entered.” The Court (per Judge Steven Kleifield) entered a mistrial order on September 16, 2019. Three years after that date was September 16, 2022. The time to bring the case to trial following the mistrial order was extended by ...

Excerpt: ... that are offered on the websites. Plaintiffs assert that the Defendants' maintenance of their websites in this way violates California's Unruh Civil Act (“UCRA”) in two ways. First, Plaintiffs claim that the Defendant has intentionally violated the UCRA because it knowingly maintains its websites in a form that is inaccessible to blind individuals and has failed to take adequate corrective measures to eliminate the barriers that the websites...