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