Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...

Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...

Excerpt: ...t filed by Plaintiff Fallon Seaborn (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiff shall amend the Complaint within 20 days. Background This is a breach of contract case. Defendant is a lender that makes small, secured cash loans. Plaintiff alleges that Plaintiff and Defendant entered into an agreement on June 5, 2019. Plaintiff alleges that Defendant makes loans at a very high interest rate. Plaintiff alleges t...

Excerpt: ...ction of Documents (“RFP”), Set Four, Nos. 1 -11 and 16- 19. Plaintiff also seeks $6,300 in sanctions against Defendant and his attorneys. In its opposition, Defendant seeks $2,213 in sanctions. The Court GRANTS Plaintiff's motion IN PART as to RFP Nos. 3, 4, 5, 6, 7, 9, 10, 11, 16, 17, 18, and 19. Defendant shall be required to produce only responsive documents that reference Plaintiff. The Court DENIES Plaintiff's motion as to RFP Nos. 1 an...

Excerpt: ...n as to each of Plaintiff's causes of action. The Court DENIES Freshman's motion for summary judgment. The Court DENIES Freshman's motion for summary adjudication. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, asbestos exposure, and inadequate flooring and soundproofing, ...

Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...

Excerpt: ... summary adjudication as to Pithawalla but not as to his fellow plaintiff B&S Ventures Inc. (“BSV”). The Court DENIES Pithawalla's motion to strike. The Court GRANTS Pithawalla's motion to tax costs. The Court awards AmGuard costs in the amount of $921.05. Background Plaintiff B&S Ventures Inc. (“BSV”) is a Wingstop franchisee that owns and operates several Wingstop restaurants, including one located at 1685 Pacific Coast Highway, Unit D,...

Excerpt: ...session, custody, or control since July 8, 2021 and have b een used to access certain email accounts. The specific discovery items at issue are Request for Production Nos. 7 -10. The Court GRANTS Defendant's motion. Plaintiff shall make the laptop available within ten days of this order. Defendant may instruct the third -party to conduct searches limited to the search terms proposed by Defendant on March 29, 2024. The Court DENIES Defendant's req...

Excerpt: ...st Cross -Defendants Brad Hakala and The Hakala Law Group (“Hakala Law”) (co llectively, “Cross-Defendants”). The Court GRANTS Defendants' motion. Background This case relates to a failed transaction for the purchase of CBD isolate. Plaintiffs The Englander Group, f/k/a Tower Marketing and Investments, LLC (“Englander Group”) and Harvey Englander allege that Defendants entered into a contract with Plaintiffs to deliver CBD isolate pur...

Excerpt: ...gs. Plaintiff moves to amend the complaint. Defendants' motion to compel arbitration is GRANTED. Defendants' motion to stay proceedings is GRANTED. Plaintiff's motion to amend the complaint is DENIED as moot. This action is hereby STAYED pending resolution of the arbitration. The Court sets a Status Conference Re: Arbitration for January 29, 2025 at 8:30 AM. Defendants to give notice. Background Plaintiff Matthew Chidez (“Plaintiff”) filed th...

Excerpt: ...Artiaga appears to seek summary adjudication in the alternative. Defendant City of Los Angeles (“City”) joins in Artiaga's motions. The Court DENIES the motion for summary judgment. The Court does not issue a tentative on the summary adjudication motion but invites argument as to whether summary adjudication of any particular claim should be granted in light of the Court's ruling on the summary judgment motion. Background This case concerns p...

Excerpt: ...or attorney's fees in the amount of $63,981.25. Plaintiff shall pay this amount to Defendant's counsel within thirty days. Background The following facts are taken from the allegations in the FAC. The Court accepts them as true on demurrer. This action arises out of the termination of Jonathan Dortch's employment relationship with Part Four, LLC (“Part Four”) and its effects on Plaintiff's interest in Part Four. Part Four is a digital marketi...

Excerpt: ...lobal Win”). The Court DENIES the motion for summary adjudication. Background Plaintiff is Global Win's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it terminated Plaintiff for incurring unapproved unreasonable business expenses. On November 24, 2020, Plaintiff filed this lawsuit against Global Win Xiaobei Ellis Liu, Shanying International Holdin...

Excerpt: ...mmary judgment. Background The following facts are taken from the parties' separate statements except where otherwise noted. The Court does not consider the parties' reply separate statements, which are not authorized by statute. ( Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) This case is an insurance coverage dispute under an environmental liability policy which Admiral issued to Canyon Country. The policy for “Cleanup Cost...

Excerpt: ...g this action. The Court DENIES Defendant's motion. Background This is an employment case. Plaintiff worked for Defendant as a general manager of the Luminarias Restaurant beginning in June 2023 and ending when Defendant terminated him on August 11, 2023. Plaintiff filed this action on November 15, 2023. The complaint raises claims for (1) retaliation in violation of FEHA; (2) failure to prevent retaliation; (3) retaliation in violation of Labor ...

Excerpt: ... 16, 2024 discovery order. The Court DENIES Defendant's request for issue sanctions. The Court GRANTS Defendant's request for monetary sanctions in the amount of $4,391.00. Plaintiff shall pay this amount to Defendant's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) retaliation under FEHA; (3) fail...

Excerpt: ... Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer. The Court DENIES t...

Excerpt: ...d, fourth, sixth, seventh, eighth, ninth, and tenth causes of action in the Fi rst Amended Cross-Complaint (“FACC”) filed by Defendant and Cross -Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND as to the fourth, sixth, eighth and tenth causes of action. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND as to the second, seventh and ninth causes of action. Cross -Defendants sha...

Excerpt: ...ly, “Defendants”). The Court DENIES the motion for reconsideration. Background Plaintiff Edmond Durham (“Durham”) filed this action on May 16, 2022 against Defendants, alleging breach of contract related to a property that Plaintiff rented from Defendants. The parties entered a settlement of the matter outside of the presence of the court. (Swartz Decl. ¶¶ 3 -6; Exh. A.) The settlement agreement provides that Plaintiff would vacate the ...

Excerpt: ... filed by Plaintiff Kevin Laughlin (“Plaintiff”). The Court SUSTAINS the demurrer to Plaintiff's first and second causes of action WITHOUT LEAVE TO AMEND. The Court SUSTAINS the demurrer to Plaintiff's third cause of action WITH LEAVE TO AMEND. Moreover, the Court grants Plaintiff's request for leave to amend to add to the complaint claims for negligent misrepresentation, constructive fraud and/or abuse of process, presumably to correct the d...

Excerpt: ...$4,050 in Kim's attorney's fees. Background This is a contract case. Plaintiff sued Love Vintage and Kim (collectively, “Defendants”) to recover on an account for materials that Love Vintage purchased from Plaintiff. The purchase contract provided that the prevailing party in litigation to enforce i t would be entitled to recover attorney's fees. Plaintiff alleged that Kim was the sole owner of Love Vintage and its alter ego. However, at tria...

Excerpt: ...Court GRANTS Defendant's motion to compel arbitration and STAYS this action pending the outcome of arbitration. The Court sets a status conference re arbitration for December 11, 2024 at 8:30 a.m. Background This is an employment case. Plaintiff was employed by Defendant for approximately 38 years until his termination. Plaintiff alleges that Defendant discriminated against him, harassed him, denied him pay, and eventually terminated him in retal...

Excerpt: ... Company (“Zurich”) and as to the First Amended Complaint (“FAC”) filed by Plaintiff ACE Property & Casualty Insurance Company (“Ace”). Defendant also seeks summary adjudication as to each of Zurich's causes of action. The Court DENIES Defendant's motion for summary judgment against Zurich. The Court DENIES Defendant's motion for summary adjudication against Zurich. The Court DENIES Defendant's motion for summary judgment against Ace....

Excerpt: ...of $244,035.77, consisting of: (a) damages in the amount of $222,275.00; (b) interest in the amount of $21,168.02; and (c) costs in the amount of $592.75; The Court GRANTS Plaintiff's request for default judgment. The Court will sign the proposed judgment submitted by Plaintiff. Background Plaintiff licenses seating at the Arena, a sports and entertainment venue in downtown Los Angeles. On October 26, 2021, Plaintiff and Defendant entered a licen...

Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...

Excerpt: ...IES the motion for summary judgment. The Court DENIES the motion for summary adjudication. Background This is an employment case relating to Plaintiff's employment with Defendant. The following facts are taken from the parties' separate statements, referred to as “UMF” (Defendant's Undisputed Material Facts), “RUMF” (Plaintiff's Responses to Undisputed Material Facts), and “AUMF” (Plaintiff's Additional Material Facts). Defendant is a...

Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...

Excerpt: ...ant Eugene Seniura (“Eugene”) (collectively, “Cross-Defendants”) demurs to and move to strike portions of the Second Amended Cross- Complaint (“SACC”) filed by Defendant and Cross- Complainant Tammy P. Lang-Tanaka (“Defendant”) as Successor Trustee of the Benjamin M. Lang Trust of 2017 dated May 18, 2017 (the “BML Trust”). Defendant separately moves for leave to amend the SACC. The Court OVERRULES the demurrer with respect to ...

Excerpt: ...he First Amended Complaint filed by Plaintiff Rlesia White (“Plaintiff”). Defendants additionally move to strike Plaintiff's prayer for punitive damages. The Court SUSTAINS the demurrer to the first, second, third, and fourth causes of action WITH LEAVE TO AMEND as to the Individual Defendants only. Plaintiff shall have twenty days to amend. The Court SUSTAINS the demurrer to the fifth, seventh, eighth, ninth, eleventh, thirteenth, and fourte...

Excerpt: ... The Court approves attorney's fees in the amount of $79,920.00 which is 33.3% of the recovery. Background Plaintiff filed this action on March 31, 2023. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges (1) failure to pay overtime; (2) failure to pay minimum wages; (3) meal period violations; (4) rest break violations; (5) fail ure to pay vested vacation benefits; (6) failure to allow sick time and benefits; ...

Excerpt: ...o avoid confusion). The Court DENIES Jay's motion to strike. Background Jay and Frank are brothers and business partners. Each of them owns 50 percent of the outstanding shares in Modernica, Inc. (“Modernica”). Jay filed this action against Defendants Frank and Modernica, Inc. (collectively, “Defendants”) on September 20, 2022, raising claims for (1) involuntary dissolution of Modernica pursuant to Corporations Code sections 1800 and 1804...

Excerpt: ...to provide Plaintiff with the text of the outstanding discovery requests and orders Plaintiff to provide supplemental responses within 30 days of receipt of the discovery requests. The Court DENIES the request for sanctions. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, a...

Excerpt: ...ved Defendant. For service of the Defendant in Mexico, Plaintiff must utilize either the Hague Convention or the Inter -American Service Convention. The Court sets an OSC re service of process for July 10, 2024 at 8:30 a.m. to determine the status of Plaintiff's efforts to properly serve Defendant. Background This is a property dispute over the residence of Plaintiff and his wife, Maria Perez (“Maria”) (the Court uses first names only to avoi...

Excerpt: ...t Plaintiff may demand attorney's fees from the remaining defendants. Plaintiff may amend within 20 days to assert an attorney's fee claim against defendants other than New Era. Background This is a real property dispute. The following facts are taken from the allegations of the Complaint. Plaintiff and Defendant Janet Haywood (“Haywood”) are sisters. Haywood owned the real property located at 10427 S. Denker Avenue, Los Angeles, California 9...

Excerpt: ...ing the resolution of Los Angeles Superior Court Case No. 23STCV21442. The Court sets a status conference for October 16, 2024 at 8:30 a.m. to discuss the status of Case No. 23STCV21442. Background This is an unlawful detainer case. The following facts are taken from the allegations and attached exhibits in Plaintiff's Complaint, except where otherwise noted. Plaintiff is the owner of real property that is legally described as “Lot 446 of Tract...

Excerpt: ...C (“Plaintiff”). The Court OVERRULES Defendant's demurrer. Background This action arises out of the dispute of a lease agreement (the “Lease”). Kylale, LLC (“Plaintiff”) is the owner of real property located at 3138 W. Pico Blvd., Los Angeles, CA 90019 (the “Property”). Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader Food Service, Inc . (“FTL”). Plaintiff alleges that DAUM served as the ...

Excerpt: ...iving Trust (collectively, “Plaintiffs”) and fellow Defendants L eo Pustilnikov (“Leo”) and Katherine Pustilnikov (“Katherine”) (all except for the City, collectively, the “Homeowners”) for equitable indemnity, apportionment, and declaratory relief. (The Court uses the Pustilnikovs' first names for clarity and means no disrespect.) The City separately moves to contest Plaintiffs' application for determination of good faith settlem...

Excerpt: ... Van Thrower (“Plaintiff”) under California's anti -SLAPP statu te, Code of Civil Procedure, section 425.16. Moving Defendants also demur to the Complaint and move to strike portions of the Complaint. The Court GRANTS the anti -SLAPP motion. The Court OVERRULES the demurrer as moot. The Court DENIES the motion to strike as moot. Background Plaintiff alleges that Defendants conspired to deprive him of any recovery in the wrongful death action ...

Excerpt: ... and Cross -Complainant PRBC VII Limited Partnership (“PRBC”). The Court SUSTAINS the demurrer WITHOUT LEAVE TO AMEND. Background Plaintiff Lee & Associates Investment Services Group, Inc. (“Plaintiff”) alleges that it entered into a commission agreement (the Commission Agreement) with Defendant Phillips Ranch Development, LLC (“PRD”). The Commission Agreement provided that Plaintiff was entitled to commissions for the leasing by PRD,...

Excerpt: ...Plaintiff, who is self -represented seeking reimbursement for services that he allegedly provided to Defendants. Defendants visited Los Angeles in February 2021 partially for the purpose of looking for a vacation home. (Le Decl. ¶ 8; Rivera Decl. ¶ 8.) Defendants rented a house through Airbnb and believed that Plaintiff was the owner of the home. (Le Decl. ¶ 9; River a Decl. ¶ 9.) Plaintiff offered Defendants numerous services, but Defendants...

Excerpt: ...and Ivonne Maltos (collectively, “Plaintiffs”). The Court DENIES Defendant's motion. Background This is a Lemon Law case. The following facts are taken from the allegations in the FAC. Plaintiffs purchased a vehicle (the “Subject Vehicle”) with a defective engine from Defendant. Plaintiffs allege that the type of engine installed in the Subject Vehicle had a propensity to suffer from a blockage of oil flow to the engine's moving parts, c ...

Excerpt: ...The parties shall arbitrate the claims at issue in this case. The case is stayed pending arbitration. The Court sets a status conference for November 4, 2024 at 8:30 a.m. to discuss the status of the arbitration Background This action arises out of Plaintiff's employment with Slate. Slate employed Plaintiff from July 8, 2017 to July 22, 2021. Plaintiff alleges that Andrew Doe (“Andrew”), a supervisor, harassed her and made racially discrimina...

Excerpt: ...up LLC (“914”), Clara Industrial Holding LLC (“Clara”), Euro -Cuisine Inc. (“Euro -Cuisine”), and Westlake Spring, LLC (“Westlake”) (collectively, “Defendants”) demur to the complaint filed by Plaintiff Jaleh Elghanian (“Plaintiff”). The Court SUSTAINS the demurrer WITH LEAVE TO AMEND with respect to Plaintiff's fifth and sixth causes of action. The Court SUSTAINS the demurrer as to Plaintiff's seventh and eighth causes of...

Excerpt: ...mary judgment against Plaintiffs Tamara Khachatryan and Edik Marcarian (collectively, “Plaintiffs”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's remaining causes of action. The Court GRANTS Defendant's motion. Background This is a medical malpractice action. Plaintiff Khachatryan has a congenital condition called Congenital Adrenal Hyperplasia (“CAH”) that causes high levels of progesterone producti...

Excerpt: ...sed of $29,330.50 in attorney's fees and $7,564.76 in costs. Defendant shall make this payment to Plaintiff's counsel within 30 days of this order. Background This is a Song-Beverly Action. On July 27, 2023, the parties agreed to settle this case when Plaintiff accepted Defendant's July 27, 2023 offer to compromise under Code of Civil Procedure, section 998. The parties settled for the amount of $162,420.00 in exchange for the surrender of the su...

Excerpt: ...tiff's causes of action and Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion for summary judgment. The Court GRANTS Defendant's motion for summary adjudication as to Plaintiff's third, fourth, and twelfth causes of action. The Court DENIES summary adjudication as to the remaining causes of action. The Court DENIES Defendant's motion for summary adjudication as to punitive damages. Background This action arises out of P...

Excerpt: ...aria Grado and Bob and Me Productions, Inc. DBA The Lemon Leaf (collectively, “Plaintiffs”) enjoining their continued presence at Antelope. The Court DENIES Antelope's motion for a preliminary injunction. Background This case concerns Plaintiffs' work as food service contractors for Antelope, a country club. On July 23, 2020, the parties entered a contract (the “Agreement”) whereby Plaintiffs provided food services for Antelope. Plaintiff...

Excerpt: ...ent in the amount of $1,253,317.83, consisting of: (a) damages in the amount of $891,244.23; (b) prejudgment interest in the amount of $62,387.10; (c) costs in the amount of $1,149.00; (d) attorney's fees in the amount of $48,537.50; (e) civil penalties in the amount of $250,000.00. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiffs may submit a Form CIV- 100, provide complete evidence for his damages, provide complet...

Excerpt: ...or is able to award no damages if the evidence supports such an award. 2. Plaintiff's MIL No. 2: Denied. Defendant is permitted to put on brief evidence of its non-profit status as basic identifying information. 3. Plaintiff's MIL No. 3: Denied. Plaintiff's decision to leave a previous hospital against medical advice may be relevant to issues of causation and damages. 4. Plaintiff's MIL No. 4: Denied. While the Court will not allow either party t...

Excerpt: ...e Court specifically requests argument on the fifth cause of action for malicious prosecution. Background This action arises out of a small protest that Plaintiff attended outside the house of Marqueece Dawson, a member of the Los Angeles City Council. The following facts are taken from the allegations in Plaintiff's complaint. On December 15, 2020, around 8:10 a.m., Plaintiff and several other protestors arrived outside Dawson's house to picket....

Excerpt: ...Mario Vasquez Gallegos (“Plaintiff”). Defendant also moves to strike Plaintiff's prayer for punitive damages and related allegations. The Court SUSTAINS Defendant's demurrer as to the eighth cause of action WITHOUT LEAVE TO AMEND. The Court GRANTS Defendant's motion to strike WITH LEAVE TO AMEND. Plaintiff may amend the complaint with respect to the punitive damages claim within 20 days of this order. Background This action concerns Plaintiff...

Excerpt: ...oduction of subpoenaed documents. The Court GRANTS Plaintiff's motion IN PART, as set forth below. Defendant shall produce a responsive PMK for deposition and responsive documents within 30 days of the issuance of this order. The responsive documents must in any event be produced by the date and time of the deposition. Background This is a Song-Beverly Act action. Plaintiff purchased a new vehicle (the “Subject Vehicle”) manufactured by Defen...

Excerpt: ...IES Littleton's motion. Background Plaintiff alleges that Defendants Brittany Littleton and Little Love Rescue (“Little Love”) (collectively, “Defendants”) unlawfully took away his dog Luna. The Court takes the following information from the evidence submitted by the Littleton. On January 24, 2020, non-party Shayla McGhee came across a row of tents along Aaron Street in Los Angeles, where Plaintiff was living. McGhee engaged in light conv...

Excerpt: ...ffs”). In the alternative, Defendant seeks summary adjudication on each cause of action and on Plaintiff's prayer for punitive damages. The Court DENIES Defendant's motion. Background This is an insurance dispute. Plaintiffs obtained a homeowners insurance policy (the “Policy”) from Defendant on March 12, 2021. (Undisputed Material Fact (“UMF”) 1.) In August 2021, Plaintiffs were the victims of a home burglary, which they reported to De...

Excerpt: ... ninth, tenth, twelfth, thirteenth, fourteenth, and fifteenth causes of action (the “Disputed Counts”) of the First Amended Complaint (“FACC”) filed by Defendants and Cross-Complainants BDI, Inc. (“BDI”) and Matthew Budoff (collectively, “Cross-Complainants”). The Court GRANTS Cross-Defendants' motion. Background Defendant BDI developed intellectual property protected by multiple patents for the purpose of measuring bone density. ...

Excerpt: ...ests: (1) legal fees in the amount of $17,856.00; (2) costs of litigation in the amount of $844.15; (3) a permanent injunction requiring Defendants to cease renting their property within Plaintiff homeowner association for terms of less than 30 days; remove their property's listing from AirBnB; and submit a copy of any rental or lease agreement along with a completed Owner/Resident Information Form to Plaintiff within 48 hours of the beginning of...

Excerpt: ... The Court GRANTS Plaintiff's motion. The Court orders Defendant to provide, within 30 days of this order, (1) full and complete further responses and responsive documents to Defendant's Requests for Production (“RFP”) Nos. 13-16 and 34-35. However, Defendant shall not be required to search for emails responsive to RFP Nos. 34 and 35. The Court GRANTS Plaintiff's request for attorney's fees and costs in the amount of $2,004.15. Defendant shal...

Excerpt: ...the “October 11 Order”). The Court grants Plaintiffs' motion as follows. Honda shall produce the following documents within 30 days of this order. · Honda shall conduct searches of its Tech Line/Field Report systems and warranty database based on Defect Code 03214 and produce the resulting documents from those databases. · Honda shall produce the 13,069 emails it originally retrieved. Honda may redact them solely and only for privilege and ...

Excerpt: ...efendants additionally move to strike portions of the Complaint. The Court OVERRULES the demurrer. The Court GRANTS the motion to strike Plaintiff's alter-ego, joint venture, integrated enterprise, or successor liability allegations WITH LEAVE TO AMEND. Plaintiff may amend the complaint within 20 days. The Court DENIES the motion to strike Plaintiff's punitive damages allegations. Background This action concerns Plaintiff's employment with Antelo...

Excerpt: ...t of $21,859.00; and (3) costs of suit in the amount of $570.00. The Court DENIES Plaintiff's request for default judgment. Case law indicates that an assignment of interest in a debt must be reflected in the complaint in order to form a basis for a default judgment. Accordingly, service of an amended complaint reflecting the assignment will be necessary. Background This is a contract case. On April 26, 2021, Plaintiff and Defendant entered into ...

Excerpt: ...he County of Los Angeles's request for sanctions. Background The Court takes the following facts from the allegations in Plaintiff's complaint Plamtiff is employed as a clerk with the County of Los Angeles (the "County'). From the end of 2019 through December 2020, Plaintiff's coworker, Tobin, allegedly made derogatory comments related to religion and race. Plamtiff complained to her managers about Tobin's conduct and requested that Tobin be move...

Excerpt: ...urt DENIES the motion to strike Plaintiff 's claims for punitive damages. The Court GRANTS the motion to strike Plaintiff 's claim for attorney's fees for the seventh cause of action for failure to provide meal and rest breaks. Background The following facts come from Plaintiff 's SAC. Zibaali employed Plaintiff as a tire technician beginning around June 2016. In September 2017, Plaintiff suffered an injury to his leg while on the job which requi...

Excerpt: ...s matter pending arbitration. The Court GRANTS Dermalogica's motion to compel arbitration and STAYS this action as to Plaintiff 's non- individual PAGA claims pending arbitration of the issue of whether Plaintiff is an aggrieved employee. The Court sets a status conference regarding arbitration for October 2, 2024 at 8:30 a.m. Dermalogica shall give notice. Background This PAGA action concerns Plaintiff 's employment with Dermalogica and Randstad...

Excerpt: ...urt orders Plaintiff to arbitrate his claims against Defendant. Any limitation of remedies regarding attorney's fees and costs in the arbitration agreement is severed. The request for a stay is GRANTED. The litigation is stayed pending completion of the arbitration proceedings. The Court sets a status conference re arbitration for October 15, 2024 at 8:30 a.m. Defendant shall give notice. Background Plaintiff Mark Ong (“Plaintiff”) filed this...

Excerpt: ...judication on each cause of action. The Court DENIES Defendant's motion. Background Plaintiff is employed as a clerk with the County. From the end of 2019 through December 2020, Plaintiff 's coworker, Marlene Tobin, frequently yelled at Plaintiff and made allegedly derogatory comments toward her on the basis of her race. (Plaintiff 's Separate Statement of Additional Facts (“AMF”) 52, 76-78, 80, 87.) Plaintiff repeatedly complained to her man...

Excerpt: ...mplaint ("SAC") filed by Plaintiffs Ryan Lawrence, Alex Duncan, and Tyler Diamond (collectively, the "Individual Plamtiffs"), and Beverly Hills Police Officers' Association ("BHPOA") (collectively, "Plaintiffs"). The Court CONTINUES CalPERS's motion and STAYS this action pending the outcome of the Code of Civil Procedure, section 1094.5 Writ of Mandate proceedings imtiated by Plai tiffs. The Court sets a status conference re writ of mandate proce...

Excerpt: ...s action on September 18, 2023. The Complaint is styled as a “Complaint for Mandamus Damages” and states that it raises claims for (1) disability discrimination in violation of Civil Code, section 52 and 42 U.S.C. 12101; and (2) “holding a meeting in violation of open meeting law.” The following allegations come from Plaintiff 's Complaint and the declaration Plaintiff attached to the Complaint. Plaintiff has a friend is a party to a case...

Excerpt: ... Hee Seo (“Plaintiff ”). Defendants additionally move to strike Plaintiff 's prayer for attorney's fees. The Court SUSTAINS Defendants' demurrer WITH LEAVE TO AMEND with respect to Plaintiff 's third cause of action for negligent misrepresentation. The Court SUSTAINS Defendants' demurrer WITHOUT LEAVE TO AMEND with respect to Plaintiff 's Ðifth cause of action for unprofessional conduct. The Court OVERRULES Defendants' demurrer with respect...

Excerpt: ...mpelling Defendant Beautycon Media ABC Trust (the “Trust”) to comply with the Court's October 24, 2023 discovery order and awarding monetary sanctions against Trust and its counsel of record. The Court GRANTS Plaintiffs' motion to compel and ORDERS the Trust to serve answers compliant with the October 24, 2023 discovery order, without objection, within 30 days of this order. The Court GRANTS Plaintiffs' request for sanctions and ORDERS the Tr...

Excerpt: ...inst Defendants to binding arbitration. The Defendants' motion to compel arbitration is GRANTED. The Court orders Plaintiff to arbitrate his claims against Defendants. The mediation and judicial reference provisions and requirements in the arbitration agreement are not enforceable and are severed from the arbitration agreement. The Court stays this matter pending completion of the arbitration. The Court sets a status conference regarding arbitrat...

Excerpt: ...ction arises out of legal representation which Defendant provided to Plaintiff in an action dissolving her marriage to Peter Tashman. Plaintiff Ðiled a petition for dissolution of her marriage to Tashman on September 28, 1997. On January 12, 2000, a judgment was entered in the dissolution of marriage action (the “Judgment”). Tashman had three employee retirement beneÐit plans which were paid into using community property money: one at Cit...

Excerpt: ...$14,330.24, comprised of: (1) $12,900 in attornevs fees; and (2) $1,430.24 in costs. The Court ORDERS Defendant to pay this amount to Plaintiff's counsel withm 30 days of this order. Background Plamtiff purchased a vehicle from Defendant that he alleges was defective in violation of the Song-Beverly act. On December 19, 2022, Plaintiff filed the Complaint against Defendant, alleging violations of the Song- Beverly Act. On February 3, 2023, Defend...

Excerpt: ... to Defendant's Requests for Production (“RFP”) Nos. 1 and 11; Request for Admission (“RFA”) No. 20; and Form Interrogatory – Employment (“FIE”) Nos. 202.1, 203.1, 205.1, and 217.1. Defendant also requests monetary sanctions in the total amount of $19,951.08 in connection with the three motions to compel. The Court GRANTS Defendant's motion with respect to the requests for production and form interrogatories. The Court orders Plaint...

Excerpt: ...OVERRULES Plaintiffs' demurrer. Background This action concerns a residential lease. Under the lease, Plaintiffs were tenants of the property owned by Defendants located at 5429 Virginia Avenue, Apartment 308, Los Angeles, California 90029 (the “Property”). Plaintiffs filed this action on June 27, 2022. The operative complaint is not the FAC, which raises claims for (1) violation of California Civil Code section 1942.4; (2) tortious breach of...

Excerpt: ...rd, and sixth causes of action. The Court SUSTAINS Defendant's demurrer WITH LEAVE TO AMEND as to the fourth and fifth causes of action. Plamtiff may file a second amended complaint withm tw•enty days of the issuance of this order. Background This action concerns Plaintiffs' 2018 purchase of a swimming pool from Defendant. The following facts are alleged in the FAC. Plamtiffs had seen a brochure from Defendant advertising in-ground heavy duty v...

Excerpt: ...t testimony under Evidence Code section 352. Having expert testimony on these legal issues would be more prejudicial than probative, and consume an undue amount of time, in light of the central issues in this case. Mr. Cippolini shall be allowed to testify to (1) the standard of care for the collection, storage, and protection of electronic date; (2) the actual procedures employed by law enforcement agencies to adequately abide by their duties in...

Excerpt: ... Cross-Complaint filed by Defendant and Cross-Plaintiff Core/Related Grand Ave Owner, LLC (“Core”). Cross-Defendants also move to strike all portions of the Cross-Complaint that refer to Holdings. The Court SUSTAINS the demurrer as to all causes of action against Holdings WITH LEAVE TO AMEND. The Court SUSTAINS the demurrer as to the remaining causes of action WITH LEAVE TO AMEND. The Court DENIES Cross-Defendants' motion to strike as MOOT. B...

Excerpt: ...otion. The attorney's fees, at 40% of the recovery, are too high. Background Plaintiff filed this action on February 28, 2022. The operative complaint is now the Second Amended Complaint (“SAC”), which alleges violation of PAGA for (1) failure to pay all wages; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to reimburse necessary business expenses; (5) failure to timely pay wages due upon termination; an...

Excerpt: ...unt of $39,788.24; (b) costs in the amount of $689.92; (c) attorney's fees in the amount of $1,583.63. The Court enters the default judgment as requested by Plaintiff. Background This is an unlawful detainer action for payment of rent on a commercial lease. Plaintiff filed this action on June 15, 2022. Default was entered against Defendant on August 26, 2022. Legal Standard CCP § 585 permits entry of a judgment after a Defendant has failed to ti...

Excerpt: ... argument as to whether the letter alleged to be defamatory constituted pre-litigation activity, whether the letter alleged to be defamatory is subject to the litigation privilege, and whether Defendant waived the issue by raising these issues in its reply brief. Subject to hearing argument, and possibly requesting supplemental briefing, the Court issues the following tentative ruling. The Court DENIES Defendant's motion. Background Factual Backg...

Excerpt: ... Ðiled by Plaintiff Heartlung Corporation (“Plaintiff ”). The Court SUSTAINS Defendants' demurrer WITHOUT LEAVE TO AMEND as to the Ðirst cause of action. The Court GRANTS Plaintiff leave to amend its complaint so that Plaintiff may demand speciÐic performance as an item of relief for its breach of licensing agreement claim. Plaintiff shall amend its complaint within 20 days. The Court DENIES Defendants' request for sanctions. Background...

Excerpt: ...gment in the amount of $203,768.77, consisting of: (a) damages in the amount of $199,800.00; (b) late fees and costs in the amount of $843.77; (c) litigation costs in the amount of $1,275.00; (d) attorney's fees in the amount of $1,850.00; Plaintiff 's request for default judgment is CONTINUED so that Plaintiff may correct its request for damages. Background On October 28, 2021, Korca executed a Line of Credit Note in the amount of $200,000.00 an...

Excerpt: ...ely, "Defendants") moved for summary judgment or summary adjudication agamst Plaintiffs Cheyenne Robinson and Stormy Jane Eny-Edy, (collectively, "Plaintiffs") on May 12, 2023. The only defendant whose motion remains at issue is Cobarrubias. The Court DENIES Cobarrubias's motion for summary judgment. The Court DENIES Cobarrublas's motion for summary adjudication as to violations of the Bane Act (first cause of action), negligence (fourth cause of...

Excerpt: ... First Amended Complaint (“FAC”) filed by Plaintiff Orion Precious Metals, Inc. (“Plaintiff”). In the alternative, Defendants move for summary adjudication of each of Plaintiff's causes of action and Plaintiff's prayer for punitive damages. The Court issues the tentative ruling below. However, it is subject to argument that the Court solicits on the following issues and may change based on the parties' responses on these issues: (1) Defen...

Excerpt: ...y LWDA of the proposed settlement and submit proof of such notice to the Court, and (2) clarify its distribution formula for the individual employees. Background Plaintiff was employed by Defendant White Memorial Medical Center (“Defendant”) beginning in 2018. The main claims in this case are that non-exempt employees were not paid for ‘waiting time' while going through Covid-19 clearance prior to starting their shifts and that case manager...

Excerpt: ... ("Plaintiff). Defendants additionally move to strike certain poftions of the FAC. The Court OVERRULES the demurrer with respect to Plaintiff's first and third causes of action for retaliation and conspiracy. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND with respect to Plaintiff's second cause of action for intentional infliction of emotional distress. Plamtiff shall have 20 days to amend. The Court GRANTS the motion to strike with respect...

Excerpt: ...m. Plaintiff may amend within 20 days. The Court OVERRULES Gardena's demurrer as to all other causes of action. Background The following facts are taken from the allegations in Plaintiff's Complaint. Plaintiff has been a bus driver who works for Gardena's transportation department (“G-Trans”) for more than 20 years. On September 19, 2022, Plaintiff went to the G-Trans dispatch window to meet with her supervisor, Donnie Harris. Harris asked Pl...

Excerpt: ...her D. Mitchell and Westlake Capital Partners, Inc. (“Westlake”) (collectively, “Cross-Complainants”). The Court SUSTAINS Plaintiff's demurrer WITHOUT LEAVE TO AMEND. Background This case arises out of an investment that Plaintiff made into Defendant Westlake, his employer at the time. Westlake is a gold and silver investment dealer. Plaintiff worked for Westlake, dealing gold and silver. Plaintiff alleges that he was persuaded to purchas...

Excerpt: ... the State of California. The Court GRANTS Plaintiff's motion and GRANTS LEAVE for Plaintiff to serve Defendant Aetna with the Summons and FAC by the method set forth in California Corporations Code, section 2114, subd. (b). Background This is an action for cancellation of two older deeds of trust which encumber title to residential real property located at 1912 Las Flores Dr., Los Angeles, CA 90041 (the “Property”). Plaintiff contends that t...

Excerpt: ...ng facts are taken from the allegations in the SAC. This case arises out of the viewing and dissemination of sexually explicit photos of Plaintiff from Plaintiffs phone by Melissa Hammond, Robert Ruiz, Matt Lents, (collectively, the "Individual Defendants"). During an investigation into overtime compensation, CHP obtamed Plaintiff's mobile phone. VVhile searching Plaintiff's phone, Ruiz and Lentz discovered sexually explicit photos of Plaintiff. ...

Excerpt: ...Tarr and Rodeo Exotic Rentals, LLC (“Rodeo”) or, in the alternative, to tax their memorandum of costs. The Court DENIES Defendant's motion and Ðinds Tarr and Rodeo's modiÐied costs of $2,031.26 to be reasonable. Background This is a declaratory relief action Ðiled by State Farm to determine its liability under an automobile collision and liability insurance policy. On July 13, 2020, Defendant Rodeo rented a car to Defendant Lovingood, w...

Excerpt: ...Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories. Plaintiff also requests monetary sanctions in the amount of $5,766.00. The Court GRANTS Plaintiff 's motion in full. Defendant is ORDERED to provide complete further responses to Plaintiff 's Requests for Admissions (Set One), Form Interrogatories – Employment, Form Interrogatories – General, and Special Interrogatories, within 30 days from thi...

Excerpt: ...Huijara Espino (“Plaintiff ”). Defendants' motion is DENIED. Background This case arises from Plaintiff 's employment with SP. Plaintiff alleges that she was a victim of workplace harassment and discrimination based upon her medical disabilities, sex/gender and religion. Plaintiff also claims that was wrongfully terminated and that she suffered embarrassment, humiliation, and emotional distress. On November 16, 2021, Plaintiff Ðiled this ac...

Excerpt: ...hong Yang (“Plaintiff ”)'s post-termination employment, compensation, and beneÐits. The Court GRANTS Defendant's motion. Fact discovery will reopen through April 15, 2024 for the limited purpose of seeking supplemental information and documents regarding Plaintiff 's post-termination employment, compensation, and beneÐits by way of the following: 1. Defendant shall be permitted to serve a demand on Plaintiff to supplement his responses an...

Excerpt: ...a) damages in the amount of $57,574.84; (b) interest in the amount of $6,293.80; (c) costs in the amount of $507.79; (d) attorney's fees in the amount of $3,572.99; The Court cannot sign the form of proposed judgment that Plaintiff Ðiled as the attorney's fees must be reduced to $2,647.48 for the reasons explained below. Plaintiff may submit by the next hearing a proposed judgment changing the attorney's fees to $2,647.48 and recalculating the ...

Excerpt: ...d Amended Complaint. The Court GRANTS Defendants' request for summary adjudication on the twelfth cause of action. Except as so ordered, the Court DENIES the motion. Background This action arises out of Plaintiff 's employment at DXC. Plaintiff alleges, inter alia, that during her employment, DXC discriminated against her on the basis of gender by moving her to an unfavorable position, giving unwarranted negative performance reviews, and withhold...

Excerpt: ...quests $1,915.00 in deposition costs and $4975.50 in attorney's fees. The Court DENIES Select StafÐing's motion. Background Plaintiff Ðiled this action on April 20, 2022 against Select StafÐing, St. Clair Plastics, Inc. (“St. Clair”), and Novel Alamilla. Plaintiff seeks relief against Select StafÐing for (1) gender based harassment; (2) sexual harassment; (3) failure to prevent discrimination and harassment; (4) failure to correct and...

Excerpt: ...). The Court OVERRULES Plaintiff's demurrer to the first, second, third, fourth, sixth and seventh causes of action in the cross-complaint. The Court SUSTAINS WITH LEAVE TO AMEND Plaintiffs demurrer to the fifth cause of action for breach of express warranty. Defendants may amend the fifth cause of action within 20 days. Background This case arises out of work that Plaintiff was hired to do for Defendants as a building contractor. The building pr...

Excerpt: ...efer to dismissed claims and parties, specifically: that Dr. Sven De Vos was a defendant dismissed from this case; that the following claims were dismissed or adjudicated: (1) harassment based on gender; (2) retaliation for complaints of discrimination and/or harassment based on gender; (3) violation of Labor Code section 1102.5; (4) defamation; (5) intentional infliction of emotional distress; and (6) Violations of the Equal Pay Act. 3. Plaintif...

Excerpt: ...,141.98; (2) pre-judgment interest in the amount of $51,841.92; (3) attorney's fees in the amount of $6,945.00; and (4) costs of litigation in the amount of 676.24. Plaintiff 's request for default judgment is GRANTED. The Court ORDERS Plaintiff 's counsel to return the Confession of Judgment to counsel for Defendant upon satisfaction of this judgment and Ðile a proof of service with the Court. Background This dispute arises out of a written Wh...