Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...ontract action. Plaintiff alleges that he found and returned Defendant's lost dog and filed this action to recover the promised reward. The facts stated here are taken from the allegations in Plaintiff's Complaint. In July 2019, Defendant announced on social media that he had been burglarized and his dog was stolen. Defendant offered a reward of $30,000.00 for the return of his dog. Plaintiff found and returned Defendant's dog, but Defendant did ...

Excerpt: ...ntiff”) and moves for an order reducing the jury's verdict for noneconomic damages in favor of Plaintiff. The Court has considered all the parties' filings on this issue, including the unauthorized sur -opposition by Plaintiff and the unauthorized response to the sur- opposition by Defendant. It appears based on the authorities cited by the parties that Defendant is correct. Based on these authorities, the Court tentatively concludes that the n...

Excerpt: ...) (collectively, (“Defendants”) move for judg ment on the pleadings as to the Complaint filed by Plaintiff Morgan Bottehsazan (“Plaintiff”). The Court DENIES the motion as to the first and fourth claims. The Court GRANTS the motion WITH LEAVE TO AMEND as to the second, third, and fifth claims. Background This case relates to a real estate transaction. The following facts are taken from the allegations of the Complaint, which the Court acc...

Excerpt: ...ded Complaint (“FAC”) filed by Plaintiffs David Sanchez and Apple Ma rkets, Inc. (“Apple Markets”) (collectively, “Plaintiffs”). The Court OVERRULES the demurrer. Background This is an insurance case. The following facts are taken from the FAC. In January 2017, Infinity Select issued a commercial auto liability policy (the “Policy”) to “David Sanchez dba Apple Market.” While the Policy was in effect, an employee of Apple Marke...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...