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: ...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: ...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...