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: ... 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: ...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: ...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: ...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: ...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: ...“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: ...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: ...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: ...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 ...