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

Excerpt: ...ction Paper, Inc. ("Construction Papen (collectively, "Cross-Defenda ts"). Defendant seeks issue sanctions, evidentiaty sanctions, and monetary sanctions consisting of S8,910.00 in attorneys fees. The Court DENIES CJ's request for terminating sanctions. The Court GRANTS CJ's request for issue sanctions as follows. The following facts will be established for all purposes in this lawsuit. (a) Plamtiff operated Construction Paper as her alter ego; a...

Excerpt: ...ts affirmative defenses. Plamtiffs motion is for summary judgment is GRANTED. Plamtiff's motion for summary adjudication is DENIED AS MOOT. Background Plamtiffis the owner of the property located at 3229 Casitas Avenue, Los Angeles, California 90039 (the "Property"). (Stauffer Decl. 2.) Elite Property Management, LLC ("Elite") has managed the property on Plamtiff's behalf since September 2019. (Stauffer Decl. 1.) On February 18, 2014, Plaintiff a...

Excerpt: ...iff additionally requests attorney's fees in the amount of $4,522.50 and the re-imposition of monetary sanctions previously imposed by the Court. Plaintiff's motion is GRANTED IN PART as follows: The Court ORDERS Brent Paysinger to pay previously imposed sanctions in the amount of $1,391.25 no later than December 15, 2023. The Court ORDERS Craig Chisvin to pay previously imposed sanctions in the amount of $1,496.25 no later than December 15, 2023...

Excerpt: ...endants' motion at the present time. However, the Court continues this hearing to February 15, 2024 at 8:30 a.m. The Court orders Plaintiffs to appear at the hearing either personally or through LA CourtConnect. The Court admonishes Plaintiffs to comply with all outstandmg Court orders, including the orders to appearfordeposition. DefendantcannotpreparefortrialifPlaintiffsdonotsitfor deposition. IfPlaintiffs fail to appear for deposition and comp...

Excerpt: ...rm Interrogatories”) and to compel Defendant to identify and produce documents responsive to Plaintiff 's Form Interrogatories which have not yet been produced. The Court GRANTS Plaintiff 's motion as follows. Within 30 days, Defendant shall provide complete responses to Form Interrogatory 17.1, including (i) responses for each RFA providing the information requested in subdivisions (c) and (d) of the Form Interrogatory; and (ii) a proper respo...

Excerpt: ...of the The Court DENIES Plaintiffs motion. Background This case has an unusually complex procedural history which the Court summarizes as follows. On August 10, 2022, Plaintiff filed this action against Defendant Cresfivood Hills Association ("Defendant") in civil limited jurisdiction ("Limited Civil"). Plaintiff alleged causes of action for (1) defamation; (2) negligence; (3) violation of Business & Professions Code section 17200; (4) violation ...

Excerpt: ...idual Private Attorney General Act (“PAGA”) claims to binding arbitration and dismissing her non- individual PAGA claims. Defendants' motion to compel arbitration of Plaintiff 's individual PAGA claims is GRANTED. Defendants' motion to dismiss the non-individual PAGA claims is DENIED. Defendants' request for a stay on the non-individual PAGA claims is DENIED. Plaintiff 's request to compel arbitration of the non-individual PAGA claims is DENI...

Excerpt: ... LLC (“TCD”). The Court GRANTS Downs's motion to amend the judgment. Background Rice Ðiled this action on April 25, 2013. This action eventually proceeded to a bench trial from August 30, 2021 to September 13, 2021. The operative complaint at the time was the First Amended Complaint (“FAC”), Ðiled by Rice and two of Rice's business entities on June 12, 2017 against Downs, Kristoffer J. Kaufmann, and Nixon Peabody LLP (“Nixon”). Ju...

Excerpt: ...against Plaintiffs Cheyenne Robinson and Stormy Jane Eny-Edy (collectively, "Plaintiffs"). In the alternative, Defendants move for summary adjudication of each cause of action. Defendants' motion to for summary judgmentis DENIED. However, the Courtsolicits argumentasto what facts support the claims against the following individual defendants: Former Chief Cynthia Renaud, Officer Jacob Emanuel, Jennifer Estrada, Officer Evan Raleigh, and Sergeant ...

Excerpt: ...Defendants”). Plaintiff requests: (1) money judgment in the amount of $422,965.90, consisting of (A) $340,000 in damages; (B) $82,530.90 in interest; and (C) $435.00 in costs; and (2) foreclosure of collateral held by Defendants. Plaintiff 's request for default judgment is GRANTED. Background This case arises out of a failure by Defendants to pay a loan based on multiple loan agreements. Plaintiff alleges that it lent a total of $400,000 to De...

Excerpt: ...”) (collectively, “Plaintiffs”) move to compel the deposition of non-party witness Appo Jabarian (“Jabarian”) and request sanctions against Jabarian in the amount of $1,840. Plaintiffs' motion is CONTINUED to January 30, 2024 at 8:30 a.m. for a further hearing. The Court believes that, to the extent possible, the deposition of Jabarian ought to be delayed until after a decision on any timely Ðiled anti-SLAPP motions in Case Nos. 23STC...

Excerpt: ...es. Defendants' motion is DENIED. Background Plaintiff Edmond Durham (“Durham”) Ðiled 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 property by June 30, 2023 and would n...

Excerpt: ...l Nishiyama ("Plaintiff"). Defendant's motion to dismiss is DENIED. The denial is without prejudice to Defendant's ability to file a motion for summary judgment or summary adjudication Defendants motion for terminating sanctions is DENIED. Background Plamtiff is an attorney who represented Defendant's former spouse (the "Decedent") in a divorce proceeding. In order to pay his legal fees the Decedentpermitted Plaintiff to attach liens to his commu...

Excerpt: ...(“Plaintiff ”). Edwards additionally moves to strike the complaint. Edwards' demurrer is SUSTAINED WITHOUT LEAVE TO AMEND and this action is STAYED pending the outcome of Los Angeles Superior Probate Court Case No. B296924. Edwards' motion to strike is DENIED AS MOOT. Background This is a quiet title action. The property at issue is real property located at 1032 West 136th Street in Compton, California (the “Property”). The Property was h...

Excerpt: ...�) demur to the First Amended Complaint (“FAC”) Ðiled by Plaintiff Rosendin Electric, Inc. (“Plaintiff ”). Defendants also move to strike portions of the FAC. Defendants' demurrer is SUSTAINED WITH LEAVE TO AMEND as to the First Cause of Action (Breach of Contract) as asserted against Related; the Third Cause of Action (Violation of Prompt Payment Act); and the Fourth Cause of Action as asserted against Related (Quantum Meruit). Defenda...

Excerpt: ...nt in the amount of the outstanding balance under the settlement agreement, $12,250. The motion to enforce settlement agreement pursuant to CCP §664.6 is granted. The dismissal entered on July 29, 2021 is set aside and judgment shall be entered in favor of Plaintiffs and against Defendant in the amount of $12,250. Plaintiffs shall prepare the judgment. Background Plaintiffs Lorenza and Fernando Salvatierra were residential tenants of Defendant T...

Excerpt: ...r”) (collectively, “Cross-Defendants”) to provide responsive documents to CJ Concrete's Requests for Production of Documents (“RFP”) Nos. 3 and 4. Defendants' motion is GRANTED. Cross-Defendants shall produce the requested documents within 30 days. Background Plaintiff filed this action on March 3, 2021 against Defendants CJ Concrete and John C. Sarno (collectively, “Defendants”), stating claims for (1) wrongful termination in viola...

Excerpt: ...in the amount of $19,408.61, comprised of S18,900 in attorney's fees and $508.61 in costs. Plamtiff shall pay this amount to Cohen's counsel within 30 days. Background On September 21, 2023, the Court granted Cohen's special motion to strike pursuant to the anti- SLAPP statute, Code of Civil Procedure section 425.16, striking all causes of action in Plaintiff's operative complamt against Cohen. In that order, the Court determined that Cohen was e...

Excerpt: ...s to strike the TAC's request for punitive damages. Defendant's demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant's motion for sanctions is GRANTED. Plaintiff shall pay directly to Defendant's counsel $15,000 in attorney's fees within 30 days of this order. Background In 2019, Plaintiff suffered an adverse ruling in an arbitration against Defendant and Defendant's owner, Robert Hayman (“Hayman”). Defendant was ordered to pay $539,491 to...

Excerpt: ... and cross-plaintiff Swmg House Stages, Inc. Oenant") and cross-plaintiff Genoveva Winsen (collectively, the "Tenant Parties"). The Landlord parties seek to compel further responses to the followmg discovery served on Tenant: Landlord's Requests for Production ("RFP"), Set One, Nos. 1, 2, 4, 5, 7-14, 16-19; Landlord's RFPs SetTwo, Nos. 20-26, 57, 65; Tavitian's RFPs, Set One, Nos. 1-6, 12. The Landlord parties seek to compel further responses to ...

Excerpt: ...Court GRANTS Defendants' motion to compel arbitration and stay proceedings. The Court sets a status conference re arbitration for June 5, 2023 at 8:30 a.m. Defendants to give notice. Background This litigation concerns a number of transactions regarding real property located at 11000 Chalon Road in Los Angeles (the “Property”). In February 2020, Plaintiff Leeor 26 LLC (“Plaintiff ”) entered into a series of written agreements with Defenda...

Excerpt: ...iff Brent Foster Beardmore (“Plaintiff”). Defendants the City and the Individual Defendants (collectively, “Defendants”) also move to strike certain allegations from the SAC. The Court (a) SUSTAINS Defendants' demurrer to the Third Cause of Action with 20 days' leave to amend; (b) OVERRULES Defendants' demurrer to the Fourth Cause of Action; and (c) DENIES Defendants' motion to strike. Defendants shall give notice. Background Plaintiff fi...

Excerpt: ...his action pending the outcome of arbitration. Defendants' motion to compel arbitration and stay this action is DENIED. Background Plaintiffs purchased a 2017 Hyundai Tucson vehicle (the 'Vehicle") from Keyes Hyundai of Van Nuys ("Keyes"). (Ameripour Decl„ Exh. 2.) (Complaint 5-6.) On that day, Plaintiffs signed a Retail Installment Sale Contract ("RISC"), which included an arbitration agreement. (Ameripour Decl„ Exh. 2.) Defendant, the Vehic...

Excerpt: ...s”). As set out in this order, Royal's demurrer is OVERRULED. Background From February 1, 2017 to October 27, 2020, Plaintiffs lived at 5937 S. Avalon Boulevard, Unit 6, Los Angeles, CA 90003 (the “Property”). Plaintiffs rented the property from Royal. Plaintiffs allege that Royal failed to maintain the property, resulting in a number of conditions including plumbing problems, lack of hot water, lack of working heating facilities, pest issu...

Excerpt: ...ors LLC (“Defendant”). Plaintiff's Motion to Compel Further Responses to RFP Nos. 13-16 and 34-35 is GRANTED as set forth below. Defendant shall produce within 30 days further written responses and documents in accordance with the Court's guidelines for production set forth below. Plaintiff 's request for sanctions is GRANTED in the amount of $2004.15. Defendant shall pay the attorney's fees directly to Plaintiff 's counsel within 30 days. Ba...

Excerpt: ...ion pending the outcome of arbitration. Kaiser's motion to compel arbitration is DENIED. Background Plaintiff has health insurance with Kaiser through an HMO plan issued to her husband, Michael Saltzman ("Michael"). Both Plaintiff and Michael were enrolled in Kaisers health insurance through Gold Coast Joint Benefit Trust ("Gold Coast"). Gold Coast had an agreement (the "EOC") with Kaiser under which Kaiser provided healthcare services for benefi...

Excerpt: ... protective order regarding the post-examination handling of test contents, raw data, and the audio recording of the examination. Defendant City's motion is GRANTED. The details relating to the neuropsychological examination and related Court orders are set forth below. Background On October 22, 2020, Plaintiffs Salvador Barrios and Elena Barrios (“Plaintiffs”) filed a complaint against Defendants Healthy Start-East LA, Inc., Daniel Tercero N...

Excerpt: ...ronment and failure to prevent harassment, discrimmation, and retaliation; SUSTAINED WITHOUT LEAVE TO AMEND with respect to Plaintiffs wrongful termination in violation of FEHA claim, on the grounds that it is duplicative of another cause of action, and SUSTAINED WITH LEAVE TO AMEND with respect to all other claims. Background On August 14, 2023, Plaintiff filed her FAC against Saks and Alicia Garcia (collectively, "Defendants"). Saks was Plainti...

Excerpt: ...ant”). Plaintiff's Motion to Compel Further Responses to RFP Nos. 16-21 is GRANTED as set forth below. Defendant shall produce within 30 days further written responses and documents in accordance with the Court's guidelines for production set forth below. Plaintiff shall give notice. Background Plaintiffs purchased a 2021 GMC Sierra 1500 AT4 on October 15, 2021. Plaintiff alleges the car suffered from a defective engine system, safety system, t...

Excerpt: ...art Four, LLC (“Part Four”). Cross-Defendants also move to strike the punitive damages claim from the cross-complaint. Cross-Defendants' Demurrer is OVERRULED and the Motion to Strike is DENIED. Cross-Defendants shall file an answer in 20 days. Background The operative Second Amended Complaint in this action involves claims by Dortch and Sly Spectrum as plaintiffs against Joshua Golsen, Barry Golsen, Rebel Bass, LLC, GOL Capital LLC and Part ...

Excerpt: ...G SANG ERIC TAK, an individual; and THE ONE1 ENTERTAINEMENT, INC., a California Corporation. Plaintiff 12 ALBANY, LLC's request for entry of default judgment against Defendants OG FARMZ, INC., a California Corporation; CHONG SANG ERIC TAK, an individual; and THE ONE1 ENTERTAINEMENT, INC., a California Corporation is CONTINUED to November 22, 2023 at 8:30 a.m. to allow Plaintiff to file a new declaration in support of attorney fees with the correc...

Excerpt: ...ents and move for monetary sanctions against Defendant BeautyCon Media ABC Trust (the “Trust”) and its counsel that was filed on June 16, 2023, and set for hearing on October 24, 2023. Plaintiffs' motion to compel responses to Request for Production, Form Interrogatories, Special Interrogatories, and Production of Documents is GRANTED. The Trust shall provide responses without objection and any additional documents within 30 days. The Court a...

Excerpt: ...nia Arbitration Act. The motion of SPS to compel arbitration is GRANTED. The Court stays this case pending the outcome of the arbitration. Background This action arises out of an employment dispute. Plaintiff Jose Nunez (“Plaintiff”) brings this action against Defendants SPS Technologies, LLC (“SPS”), Precision Castparts Corp. (“Precision”), Alex Morris (“Morris”) and Maile Ashdown (“Ashdown”). Plaintiff worked for SPS and Pre...

Excerpt: ...s action concerns Plaintiffs' claims that the duplex residence at which they lived, located at 6810 S. Van Ness Avenue in Los Angeles, was not habitable. Defendant Irene Terrell (“Defendant”) owns the building, which is managed by her family members. On August 31, 2022, Plaintiffs filed Nickiah Sims v. Irene Terrell, et al., case number 22STCV28503 assigned to Department 12 of the Los Angeles Superior Court (the “Earlier Action”). The Ear...

Excerpt: ...ces to CalECPA should be excluded from trial. At a minimum, the statute provides relevant background information, including as to Plaintiff's expectation of privacy. 2. Defendants' Motion In Limine No. 2: Granted. The testimony of Ramiro Durazo, Jesus Gomez and Edward Rice shall be excluded. As with any other motion in limine, to the extent that Plaintiff believes that the evidence of these witnesses becomes relevant and admissible, she shall bri...

Excerpt: ...nt Luzelba Lozano Mansour (“Defendant Luzelba”) Answer to the First Amended Complaint. The Court uses the first names of defendants for clarity. No disrespect is intended. Plaintiffs' demurrer is SUSTAINED with leave to amend as to Defendant Zaki's fifth, twelfth, sixteenth, nineteenth, twentieth, and twenty-third affirmative defenses. Defendant Zaki shall amend the answer within 10 days. Plaintiffs' demurrer is OVERRULED as to Defendant Zaki...

Excerpt: ... provide further responses and responsive documents to Plaintiff's Requests For Production of Documents 13-16 and 34-35 within 30 days in accordance with the guidelines set forth below. Plaintiff's request for sanction is GRANTED. Defendant shall pay Plaintiff's counsel $1,761.65 within 30 days. Background - In 2022, Ma Guadalupe Alvarez-Ramirez (“Plaintiff”) purchased a 2022 Chevrolet Trax (“Vehicle”) from General Motors LLC (“Defendan...

Excerpt: ...a Flowers's (“Plaintiff”) race harassment claim. The motion is opposed. Defendants' motion for summary judgment is DENIED. Background Plaintiff brought this wrongful termination action against Defendants, alleging two causes of action for (1) race harassment in violation of Gov't Code §§12940 et seq. and (2) race discrimination in violation of Gov't Code §§12940 et seq. However, on March 20, 2023, the Court entered the parties' joint stip...

Excerpt: ...tion for a protective order is GRANTED. Plaintiff shall give notice. Background Plaintiffs Salvador Barrios and Elena Barrios bring this action against Healthy Start- East LA, Inc., Daniel Tercero Neri, County of Los Angeles, City of Commerce, Karapet Dzheragyan, Henry Loaiza, Anait Krgatbashyan, Lusine Krgatbashyan, Siranush Krgatbashyan, and Casa de Angeles Cal. Corp. Plaintiffs allege causes of action for: (1) negligence (motor vehicle collisi...

Excerpt: ...fth cause of action with leave to amend. Plaintiffs shall amend the twelfth cause of action within five days. Defendants' Motion to Strike is DENIED. Defendants shall give notice. Background - This action arises out of allegations of uninhabitable renal units. Hamid Mirghambari and several plaintiffs (collectively, “Plaintiffs”) filed suit against Peyman Jacob Yadegar, Tarzana Five Properties LLC, Sergio Romero, Tarzana Five LLC, and Fachoy L...

Excerpt: ... LEAVE TO AMEND. Defendant shall answer the FAC within 10 days. Defendant shall give notice. Background On September 26, 2022, Plaintiff America Best Construction Inc. (“Plaintiff”) filed a complaint against Defendants Cherie Chen and Does 1 through 10, alleging causes of action for: (1) breach of oral contract; (2) breach of written contract; and (3) money had and received. The complaint arises from the alleged failure to pay money pursuant ...

Excerpt: ...Espinoza shall have 10 days leave to file a First Amended Answer that is verified in accordance with CCP §446. (2) Plaintiff/Cross-Defendant Carreno and Cross-Defendant Brenton Horner (“Horner”) (collectively, “Carreno/Horner”) move to strike portions of Espinoza's Cross- Complaint filed on May 8, 2023. Carreno/Horner's Motion to Strike is granted as to Items 4 and 6 of the prayer for relief as these items relate to Carreno and Horner an...

Excerpt: ... that the Court strike and remove from the public record the unredacted Motion for Summary Adjudication and supporting documents. The Court continues this motion to seal to November 16, 2023 at 9:30 a.m. so that the Defendants can take the following actions: · By no later than October 26, 2023, the Defendants must file redacted versions of the documents that they seek to seal that comply with the Court's rulings below. While the Court agrees tha...

Excerpt: ...equests for Production of Documents, Set One, Nos. 21, 22, 31- 39, and 46-53. The motion is opposed. Plaintiffs' motion to compel further responses is GRANTED IN PART and DENIED IN PART as follows. The motion is GRANTED with regard to requests Nos. 37, 38, 39 (each limited to customers in California) and Nos. 51, 52, and 53 (each excluding email communications). Defendant is ordered to produce further, code- compliant responses to those requests,...

Excerpt: ...o compel arbitration is DENIED. Background Plaintiff Balbir Dogra (“Plaintiff”) purchased a “Mercedes-B S560V” automobile model (“Subject Vehicle”) at an undisclosed time from an authorized retailer of Defendant Mercedes-Benz USA, LLC (“Defendant”). In July 2022, the Subject Vehicle malfunction and remained locked while Plaintiff's toddler grandson was still inside. It was only after firefighters arrived at the scene and broke the...

Excerpt: ...at Plaintiff's First Amended Complaint is uncertain and fails to state sufficient facts to constitute causes of action for Elder Abuse – Neglect, and Elder Abuse – Financial. Demurrer is OVERRULED, as to the 1 st cause of action, and SUSTAINED, with leave amend as to the 3 rd cause of action. Motion to Strike is DENIED, as to the 1 st cause of action, and DENIED AS MOOT as to the 3 rd cause of action. Background Plaintiff Antonio Gallegos, an...

Excerpt: ...e Maher is GRANTED. Background On March 29, 2022, Plaintiff Jane Maher (Maher) filed a Complaint against Defendants Bella+Canvas, LLC, and DOES 1 through 20, inclusive, alleging causes of action for (1) violation of whistleblower protection pursuant to Labor Code § 1102.5; (2) retaliation and discrimination in violation of Labor Code §§ 6310-6311; and (3) wrongful termination in violation of public policy. On May 31, 2022, an Order Re Stipulat...

Excerpt: ...fendant to serve further response to RFP No. 21 as set forth below within 10 days. Background Plaintiff filed this action against Defendant FCA US LLC pursuant to the Song- Beverly Act (Civil Code §1790-1795.8). On October 18, 2020, Plaintiff purchased a 2020 Jeep Renegade (the “Vehicle”) manufactured or distributed by Defendant FCA. After purchase and during the warranty period, the Vehicle allegedly contained or developed defects, includin...

Excerpt: ...elieved as counsel is granted. Background Plaintiff was employed as a concierge for Defendant Black Exclusive Security, Inc. Plaintiff alleges Defendant committed multiple Labor Code violations during his employment. Plaintiff filed a complaint on November 1, 2022 against Defendant alleging: (1) failure to provide overtime wages; (2) failure to pay minimum wage; (3) failure to provide meal periods; (4) failure to provide rest breaks; (5) failure ...

Excerpt: ... Lang-Tanaka's Motion for Leave to File Second Amended Cross-Complaint is GRANTED with the exception of the following paragraphs of the proposed Second Amended Cross-Complaint: all allegations relating to the alleged theft of the Infiniti automobile, including (a) paragraphs 92 to 98 of the fourth cause of action; (b) the last sentence of paragraph 113 in the fifth cause of action; (c) paragraphs 114 to 119 in the fifth cause of action; (d) parag...

Excerpt: ... the second causes of action with LEAVE TO AMEND. Plaintiffs shall have 20 days to amend the complaint. Background On September 29, 2022, Plaintiff Aura Garrido Chavez, Joel Chavez, and German A. Garrido (Plaintiffs) filed a Complaint against Defendants and DOES 1 through 50, inclusive, alleging causes of action for (1) real property partition and sale; (2) breach of contract; and (3) declaratory relief. December 28, 2022, Plaintiffs filed a Firs...

Excerpt: ...ave to amend. Background On April 28, 2022, Plaintiff WM Sunset & Vine, LLC (“Landlord”) filed a complaint against Defendant Gosh Enterprises, Inc. alleging a sole cause of action for breach of contract. The complaint arises from the breach of a guaranty agreement (the “Guaranty”) between Gosh and WM as to a premises located at 6333 Sunset Boulevard, Hollywood, California (the “Premises”). On February 23, 2023, Cross-Complainants Gosh...

Excerpt: ...tiff filed an unlawful detainer complaint against Defendants. The complaint arises from an alleged failure to pay rent. The complaint alleges that Defendants were served with a 3-Day Notice to Pay Rent or Quit (the “Notice”) and that Defendants failed to comply with the Notice. The Notice is attached as Exhibit 2 to the complaint. Proof of service as to the Notice is attached as Exhibit 3 to the complaint. On May 18, 2023, Defendant Mirna Mar...

Excerpt: ...Inc., a California Corporation, and John Nicholas Bartolozzi move for a Motion for Assignment Order and for Order Restraining Judgment Debtor. The Court DENIES Plaintiffs' Motion for Assignment Order and for Order Restraining Judgment Debtor. Background On July 6, 2021, Plaintiffs/Judgment Creditors Physician Assistant, RTAL Inc., a California Corporation and John Nicholas Bartolozzi (“Creditors”) filed the instant action against Defendants/J...

Excerpt: ...“Plaintiff”) alleges that while working at El Pollo Loco restaurant, owned by W.K.S. Restaurant Corporation, Nathan Olivares (“Olivares”) sexually harassed her on multiple occasions. (Complaint, ¶ 6.) Plaintiff alleges that she informed Olivares the sexual harassment was unwelcome and informed two separate managers but was only met with reduced hours. (Complaint, ¶¶ 7, 8, and 14.) After no corrective action was taken, Plaintiff sent ma...

Excerpt: ...diction to the Superior Court and 2) Stay proceeding regarding costs and fees until the related case is resolved. NMA's motion to return jurisdiction to the Superior Court and stay proceedings is DENIED. As the motion is denied, the motion for attorney's fees and the motion to strike costs are taken off calendar as they are properly before the judicial referee and not this Court. Defendant shall give notice. Background Plaintiff National Merchant...

Excerpt: ... Plaintiff ODK Capital, LLC's request for entry of default judgment against Defendants 6C LLC, a limited liability company and Feng Li, an individual is CONTINUED to October 16, 2023 at 8:30 a.m. to allow Plaintiff to file a summary of the case as required under CRC, rule 3.1800(a)(1). Background On May 12, 2023, Plaintiff ODK Capital, LLC, a Utah limited liability company (Plaintiff) filed a complaint against Defendant 6C LLC, a limited liabilit...

Excerpt: ...nd On March 3, 2023, Plaintiff Ferguson Enterprises, LLC (“Plaintiff”) filed this action against Defendants Ho Kyung Lee and Hae Kyung Lee, as Trustees of the Lee Family Trust, and Union Lee Construction, Inc. (collectively, “Defendants”) for (1) foreclosure of mechanic's lien; (2) mechanic's lien release; (3) breach of contract; and (4) personal guaranty. On July 13, 2023, the clerk entered default judgment as to Defendants. On August 3,...

Excerpt: ...ff” or “Orion”) filed a motion for an order (1) compelling Defendant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant” or “PGG”) to respond to Plaintiff's Special Interrogatories (Set One) in a legally compliant manner; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Def...

Excerpt: ...ff's Request for Production of Documents (Set One), which he propounded on April 27, 2023. Plaintiff's motion is GRANTED in its entirety. The court imposes sanctions on Defendant in the amount of $2,497.50. Background On August 4, 2022, Plaintiff sued Defendant and eleven other entities and individuals for breach of fiduciary duty, fraud (in three iterations), conversion, quiet title, unfair business practices, partition by sale, and an accountin...

Excerpt: ...gle cause of action for breach of contract. Gosh and another party, BBB Operating CA-1, LLC (“BBB”), cross-complained against WM on May 1, 2023 for breaches of implied covenants of good faith and fair dealing appearing in BBB's lease contract and Gosh's guaranty, respectively. WM now moves for summary judgment or, in the alternative, summary adjudication as to the third through twenty-fourth and twenty-sixth through thirty-third affirmative d...

Excerpt: ... Ara Tavitian, and Avedis Tavitian (“the Kanon Parties”) move for an award of attorneys' fees against cross-complainants Swing House Stages, Inc. (“Swing House”) and Genoveva Winsen (“Winsen”) (collectively “Cross-Complainants”) in the amount of $326,469.76. The Court DENIES the motion as to Cross-Complainant Genoveva Winsen. The Court GRANTS the motion as to Cross-Complainant Swing House Stages, Inc., but deferred for further bri...

Excerpt: ...er 2, 2023 Calendar Number: 10 Defendants Weiss Accountancy Corporation, Weiss Accountancy LLP and Scott Weiss (“Defendants”) have moved to compel arbitration and stay proceedings. Defendants' Motion to Compel Arbitration and Stay the Action is GRANTED. The case management conference and informal discovery conference scheduled for today shall go off calendar. The Court sets a status conference regarding status of arbitration for June 28, 2024...

Excerpt: ...Number: 4 Defendant Samuel Freshman (“Freshman”), who was sued both individually and as trustee of the S and A Freshman Trust, U/T/A 6/28/89 (hereinafter, the “Trust”). Freshman moves for summary judgment (or, in the alternative, for summary adjudication) as to the remaining claims in this case (the “Motion”). For the reasons explained below, the Court DENIES Freshman's Motion. Background Tatiana Solomon and her husband, Norman Solomo...

Excerpt: ... On September 1, 2020, Plaintiff Alison Andrade (“Class Representative” or “Plaintiff”) filed a complaint against Defendant Urban Outfitters for wage and hour action allegations in violation of California State Law. The Complaint alleged (a) failure to accurately pay overtime wages, (b) failure to pay minimum wages, (c) failure to provide meal periods and failure to pay an additional hour's pay in lieu of providing a meal period, (d) fail...

Excerpt: ...ychiatric examination. Defendants' motion is DENIED without prejudice. Background On November 16, 2021, plaintiff Espino sued defendant SP Plus Corporation, her employer, and affiliated individuals Ernesto Cerna and Roberto Pacheco, alleging twelve causes of action: (1) disability discrimination, (2) religious discrimination, (3) failure to reasonably accommodate a disability, (4) failure to engage in an interactive accommodation process, (5) vio...

Excerpt: ...ntiff) moves to compel initial responses from defendant FCA US, LLC (FCA) to her (1) form interrogatories, set one (2) special interrogatories, set one, and (3) requests for production of documents, set one, and to deem admitted the matters referred to in her requests for admissions (RFAs), set one. She also requests monetary sanctions. The motions to compel are DENIED as moot because FCA has belatedly served discovery responses to the discovery ...

Excerpt: ...dant Halt Gold Group, LLC dba Patriot Gold Group (“Defendant”) to produce documents in accordance with its prior statement of compliance in response to Plaintiff's Request for Production, Set One; and (2) that Defendant pay a monetary sanction to Plaintiff in the sum of $2,100.00 for the reasonable expense and attorney's fees incurred with the Motion. The Court GRANTS the Motion and the Court orders Defendant to provide further complete, veri...

Excerpt: ...ions for the reasons explained below. Background On July 7, 2021, Plaintiffs Kevin Korosh Shahin (“Shahin”) and Azadeh Tadayon (“Tadayon”) (collectively, “Plaintiffs”), initiated this legal malpractice action against Defendants Fischbach & Fischbach and Joseph S. Fischbach (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on December 3, 2021, and it alleges the following causes of action: (1...

Excerpt: ... Cross-Complainant, v. SONNY ASTANI, an individual; BONSALL PROPERTIES LLC, a California Limited Liability Company, and ROES 1 through 10, Cross-Defendants. Defendant Robert Seng demurs to Plaintiff Bonsall Properties LLC's complaint on the grounds that each cause of action fails to state a claim and is uncertain. The court sustains Defendant's demurrer with leave to amend. Plaintiff shall amend the complaint within 20 days. Background This actio...

Excerpt: ...045, the custodian of records must bring Connie Guzman's personnel records to this Court on September 26, 2023 at 10:00 a.m. for an in camera review. (People v. White (2011) 191 Cal.App.4th 1333, 1335.) The custodian of records must be prepared to give sworn testimony regarding the documents so produced, as well as testimony regarding any documents that are part of the personnel record that were not produced and the reasons they were not produced...

Excerpt: ...ainst it. Thorson also asks that the action be stayed pending arbitration. Defendants Angel Salcido, Karina Patlan, Allynn Magnolia, Hector Melendes and Jose Alberto Loreto (“Individual Defendants”) filed a Joinder to Thorson's Motion to Compel Arbitration. Defendant Thorson's Motion to Compel Arbitration is granted. Defendant Thorson's request to stay this action pending completion of arbitration is granted. The action is stayed pending comp...

Excerpt: ...irst Amended Complaint within five (5) business days. Background Plaintiff Michael Bragar (Bragar) filed a Complaint against Defendants Christopher D. Mitchell, Westlake Capital Partners, Inc. dba Lexi Capital, Bitcoin Advizers LLC, and DOES 1 through 25, inclusive, alleging causes of action for (1) fraud; (2) fraudulent concealment; (3) negligent misrepresentation; (4) breach of contract and implied covenant of good faith and fair dealing; (5) c...

Excerpt: ...intiff shall file a Second Amended Complaint within 20 days. SUMMARY OF ALLEGATIONS: 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 “Subject Property”). (First Amended Complaint, hereinafter, “FAC”, ¶ 2.) Plaintiff entered into a lease agreement on July 26, 2021 with lessee Follow the Leader...

Excerpt: ...endants need not answer the First Amended Complaint until the stay is lifted. The Court sets a hearing regarding the status of Appeal No. B325296 for May 8, 2024 at 8:30 a.m. RELEVANT ALLEGATIONS: This action arises from a multi-vehicle collision on March 13, 2019 at or near the intersection of 7th Street and Wilson Street in Los Angeles. Plaintiff Marlon Mora was travelling eastbound on 7 th Street. While travelling westbound on 7 th Street, def...

Excerpt: ...(“Plaintiff”) maintains are covered by the attorney work product doctrine. Defendant 7080 Hollywood (“Defendant”) maintains, by contrast, that the appraisals and related documents are not covered by this doctrine. 1. Defendant challenges Plaintiff's “clawback” and seeks an order that the documents with Bates numbers LW00002501 and LW00001114-1115 are not subject to the attorney-client privilege or the attorney work product doctrine. T...

Excerpt: ...ompel arbitration and stay proceedings is GRANTED. The Court sets a status conference to review the status of arbitration for April 3, 2024 at 8:30 a.m. Defendants give notice. Background Plaintiff Leeor 26 LLC (Plaintiff) filed a complaint against Defendants Nourafshan LLC, RIF Investments-2 LLC, David Nourafshan, Joshua Nourafshan, Jonathan Nourafshan, and Sophia Nourafshan, and DOES 1 through 25, inclusive alleging causes of action for (1) rec...

Excerpt: ...April 13, 2023. That motion is now before the court. Plaintiff has filed no opposition, and defendant no reply. The court GRANTS defendant's motion and STAYS this action pending completion of arbitration proceedings or until further order of this court. A Status Conference Re: Arbitration is set for March 6, 2024 at 8:30 a.m. in Department 72 of the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles CA 90012. Legal Standard Under California an...

Excerpt: ...he Amended Cross-Complaint she inadvertently filed on July 18, 2023. Cross-Complainant Lang-Tananka's Motion to Strike her Amended Cross- Complaint filed on July 18, 2023 is granted. Background On January 24, 2020, Plaintiff Susie Seniura filed this complaint as Trustee of the Ngook Quen Lang Trust of 2015 dated June 16, 2015 and as personal representative of the Estate of Ngook Quen Lang against Defendant Benjamin Lang alleging: (1) partition of...

Excerpt: ...uant to Code of Civil Procedure section 425.16. Defendant's special motion to strike is GRANTED in its entirety. Defendant to give notice. Background Plaintiff Brachman sued defendants Sean Benaroya, Universal Construction & Remodeling, Inc., BV Industries, LC, and Jeffrey Aaron Cohen on June 8, 2023. He filed his operative first amended complaint (FAC) on July 18, 2023. Brachman alleges eight causes of action for (1) breach of written contract, ...

Excerpt: ...oration. Plaintiff Glasswerks LA, Inc.'s request for entry of default judgment against Defendant Century Shower Door Co, Inc. dba Century Shower Door, a corporation is GRANTED. Background On February 15, 2023, Plaintiff Glasswerks LA, Inc. (Plaintiff) filed a complaint against Defendant Century Shower Door, Co, Inc. dba Century Shower Door, a corporation (Defendant), and DOES I through XX, inclusive, alleging causes of action for (1) breach of wr...

Excerpt: ...ttorney served with this motion represents Connie Guzman, and how CHP knows that. Background of the Case This action arises out of a dispute involving the alleged improper dissemination of private videos belonging to Plaintiff, a former law enforcement officer previously employed with Defendant CHP. Defendants Melissa Hammond, Robert Ruiz, and Matt Lentz were purportedly involved in the alleged improper dissemination of Plaintiff's private videos...

Excerpt: ... Walla (collectively “Plaintiffs”). Defendant Carmela Martinez's motion for good faith settlement is GRANTED. Background Plaintiffs bring this action against Defendants Amguard Insurance Company and Carmen Martinez, alleging causes of action for breaches of contract, breach of the implied covenant of good faith and fair dealing, and negligence. Legal Standard In any action in which two or more defendants are joint tortfeasors, a “good faith...

Excerpt: ...t between Plaintiff and Defendants Praesidium Diagnostics LLC, Sameday Health Inc., Sameday Technologies Inc., Felix Huettenbach (collectively, “Defendants”) for all claims Plaintiff brought in this action against the Defendants under the California Private Attorneys General Act (“PAGA”). The motion for approval of the PAGA settlement is GRANTED. Background Plaintiff, individually and on behalf of other aggrieved employees pursuant to the...

Excerpt: ... Negligence is overruled. Defendant Granite to answer in 20 days. The Court notes no opposition was filed. (2) Defendant Lifetime Home Builders, Inc. (“Lifetime”) demurs to the Second Cause of Action for Intentional Misrepresentation and the Third Cause of Action for Negligence. Defendant Lifetime Home Builders, Inc.'s Demurrer to the Second Cause of Action for Intentional Misrepresentation is SUSTAINED WITH 10 DAYS LEAVE TO AMEND and to the ...

Excerpt: ...s GRANTED. Background Plaintiff Raymond LaPierre (“Plaintiff”) initiated this action on February 6, 2023 against Defendant Cacique Foods, LLC (“Defendant”) alleging 16 causes of action for individual wage and hour violations, a claim under the Private Attorneys General Act (“PAGA”), retaliation and wrongful termination. On April 21, 2023, Defendant filed its answer. Thereafter, on April 24, 2023, Plaintiff filed a First Amended Compla...

Excerpt: ...nts. Based on Defendant Washington Square Management, LLC's failure to provide code compliant responses, Plaintiff Fidelity National Title Insurance Company requests an order pursuant to Code of Civil Procedure section 2031.310 compelling Defendant Washington Square Management, LLC to provide further responses to Plaintiff Fidelity National Title Insurance Company's Requests for Production of Documents, Set Five, Request Nos. 126, 131, and 132. P...

Excerpt: ...within 20 days of the hearing of this motion. Coast National's Request for Sanctions is GRANTED in the amount of $1,080. Plaintiffs shall pay this amount to Coast National's counsel within 20 days of the hearing on this motion. Background On April 1, 2021, Plaintiffs Melita Suazo (“Suazo”) and Pearl Campos (“Campos”) (collectively, “Plaintiffs”) filed a Complaint against Defendants Hollywood's Auto Insurance Services, Inc. (“Hollywo...

Excerpt: ...ton for relief from default judgment and to quash service of summons is granted. Background On July 19, 2021, Plaintiff Fallon Seaborn ("Plaintiff") sued Defendant Wilshire Consumer Credit of Los Angeles ("Defendant") for actions that arose out of a purported agreement. Defendant did not answer or otherwise appear in the action. On June 3, 2022, the Court entered default judgment against Defendant. On March 3, 2023, Defendant moved for relief fro...

Excerpt: ... replied. The Court GRANTS the motion. Cross-Complainants must file and serve the proposed SACC within five days of the date of this order. To the extent that Plaintiff wishes the Court to extend the trial date, the Court will do so. Background of the Case This action arises out of a boundary dispute. Plaintiff filed this action on July 7, 2022, alleging causes of action for quiet title, trespass, private nuisance, negligence/negligence per se, a...