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: ...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: ...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: ...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: ... 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: ...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: ...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”) 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: ...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 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...