Excerpt: ...d of the Case This action arises out of a dispute concerning the collection of certain debts. Plaintiff alleges Defendant engaged in various unlawful debt collection practices in connection with a debt Plaintiff purports he does not owe. Plaintiff filed this action on June 26, 2023, alleging causes of action against Defendant for violations of the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788 et seq., and Unfair Competition...

Excerpt: .... Defendant Vie De Serenity's Demurrer is OVERRULED. Defendant Dung Quoc Tran's Demurrer is OVERRULED. Defendant Craig Wong's Demurrer is OVERRULED. Defendant Ward-Schurr, Inc.'s Demurrers is OVERRULED. Defendants shall answer within 20 days. Plaintiff's complaint is not clearly and affirmatively barred by the 3-year statute of limitations under CCP §338(d). Plaintiff alleges he only discovered Defendants' fraud in March 2019. (FAC, ¶31.) The c...

Excerpt: ...aint of Plaintiff Anitria Michelle Tomlin (“Plaintiff”). Defendants' Demurrer is sustained with leave to amend as to the first cause of action for violation of Labor Code § 1102.5. Defendants' Demurrer is sustained with leave to amend as to the second cause of action for intentional infliction of emotional distress. Defendants' Demurrer is sustained with leave to amend as to the third cause of action for conspiracy. Defendants' Motion to Str...

Excerpt: ...ff is ordered to pay $3,382.00 in attorney's fees and damages to Defendant Specialized Loan Servicing Inc., pursuant to Code of Civil Procedure §§ 724.070, 724.080. Plaintiff shall make this payment within 30 days of this order. On October 9, 2018, Plaintiff Sergio Larios brought this action against Defendant Specialized Loan Servicing (“SLS”). The Third Amended Complaint contained causes of action for (1) violation of the California Consum...

Excerpt: ...ties. On August 17, 2023, Plaintiff Doris Peniche (“Plaintiff”) opposed the motion. On August 25, 2023, Defendants replied. The Court DENIES the motion for summary judgment. 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 Len...

Excerpt: ...Amended Complaint for Damages. Plaintiffs Teodora Vasquez; Gladys Perez; and Scarlett Vasquez (collectively, “Plaintiffs”) move for leave to file an amended complaint (“FAC”) against Defendants Avalon Center Apartments LLC and Royal LLC (“Defendant”). The FAC will reinstate the causes of action for breach of contract, negligence, and intentional infliction of emotional distress. (Mot., at 1:9-11.) A demurrer was sustained as to these ...

Excerpt: ...on based on Forum Non Conveniens. The Court GRANTS Defendants' Motion to Dismiss the action for Forum Non Conveniens. Background This is an action arising out of Dr. Nima Astaraee's role as a limited partner and BXK Capital's role as a general partner in the Nova Fund governed by Delaware Revised Uniform Limited Partnership Act and a limited partnership agreement (“LPA”) where both parties agreed to be bound by the LPA's forum selection claus...

Excerpt: ...s Amparo Valencia and Daniel Valencia (collectively, “Plaintiffs”) filed this action against Defendant Nissan North America, Inc. (“Defendant”), alleging causes of action for breach of the implied warranty of merchantability under the Song-Beverly Act and breach of express warranty under the Song-Beverly Act in connection with a vehicle manufactured by Defendant that Plaintiffs purchased from a third-party car dealer on June 24, 2018. On ...

Excerpt: .... Plaintiff's request for an enhancement is DENIED. Background This is an action brough under the Song-Beverly Act by Plaintiff Edward Herreres Jr. (“Plaintiff”) against Defendant General Motors LLC (“Defendant”). The parties agreed to settle on May 3, 2023 when Plaintiff accepted Defendant's Code of Civil Procedure section 998 offer to repurchase Plaintiff's 2021 Chevrolet Silverado and have Plaintiff's attorneys' fees and costs determin...

Excerpt: ...USTAINED WITH LEAVE TO AMEND. The demurrer to the Seventh and Eight causes of action is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the Ninth, Tenth, and Eleventh causes of action WITH LEAVE TO AMEND. Plaintiff shall amend within 10 days. SUMMARY OF ALLEGATIONS: Plaintiff's Complaint asserts causes of action for: 1) Discrimination in Violation of the FEHA; 2) Hostile Work Environment; 3) Retaliation in Violation of the FEHA; 4) Failure to P...

Excerpt: ...ees 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, 2023, Plaintiff filed a default judgment package. Discussion Plaintiff requests $39,264.26 in damages, $4,162.40 in interest, $946.03 in costs, and $1,...

Excerpt: ...er 542 of Request for Production of Documents, Set Six, and DENIES as to all other requests therein. Defendant shall provide a supplemental response to Request Number 542 and all responsive documents within 30 days. The Court also DENIES the parties' respective requests for monetary sanctions. BACKGROUND On November 24, 2022, Plaintiff Jeffrey Qiuhong Yang (“Plaintiff” or “Yang”) filed the initial complaint in this action. On January 13, ...

Excerpt: ...ANTED as to paragraphs 33, 40, 45, 53, 73, and 79 in the FAC and paragraphs 4, 7, 10, and 13 in the prayer of relief with 10 days leave to amend. SUMMARY OF ALLEGATIONS: On September 19, 2018, Plaintiff Daisy M. Gonzalez entered into a lease agreement with Defendant Lan, L.P., to rent Apartment 1 (“Apartment”) located in 12919 Cordary Ave., Hawthrone, CA. (First Amended Compl. (“FAC”), ¶ 18.) Plaintiff occupied the apartment with her fou...

Excerpt: ...th denied. Both parties are admonished to behave professionally and civilly during depositions. Failure to abide by these fundamental rules may lead to the imposition of sanctions. Moreover, defense counsel made a single disruptive speaking objection in the deposition and a single improper instruction not to answer and is admonished to refrain from doing so in future depositions. There have been an undue number of discovery disputes in this actio...

Excerpt: ... A. MIL 1 (stipulated): Granted. Trial attorneys shall not make reference in the presence of jurors, prospective jurors or witnesses to liability insurance coverage, insurance companies, or corporate structure or ownership of financial status of any defendant. Reasonable exceptions shall apply if a prospective juror works or worked for an insurance company. B. MIL 2 (stipulated): Granted. There shall be no reference before the jurors or prospecti...

Excerpt: ...ake place within the next two weeks, will be in person or by video conference and will last a minimum of two hours or until agreement is reached. There has been an undue amount of discovery issues in this case. There are an undue number of discovery motions scheduled. The Court is available to conduct an Informal Discovery Conference if issues arise that cannot be resolved in the meet and confer. Background On March 30, 2021, Plaintiffs La-Leeya ...

Excerpt: ...dants have failed to oppose the motions. The Court grants the motion in full. The Court deems both sets of requests for admission served by Plaintiff admitted. The Court grants Plaintiff's request for award of monetary sanctions against Defendant Hernandez Carpet Brokers, Inc. in the amount of $4,110.00, payable within 30 days. The Court grants Plaintiff's request for award of monetary sanctions against Defendant Jobsource Downey in the amount of...

Excerpt: ...s, and that the scope of any such deposition, examination, or interrogatories, if permitted, be limited. On May 31, 2023, Plaintiff Doris Peniche (“Plaintiff”) opposed the motion for protective order. On June 5, 2023, Plaintiff replied. On May 19, 2023, CHP also filed a Pitchess motion for disclosure and use of Plaintiff's personnel records in support of its motion for protective order and for preparation of its defense. On May 31, 2023, Plai...

Excerpt: ... demurrer to the third cause of action alleged against The City is OVERRULED. The demurrer to the fourth cause of action is SUSTAINED with leave to amend. The motion to strike Defendants George and Bermudez from the definition of “employers” in Page 2, lines 19-20 is GRANTED. The motion to strike the Fourth Cause of Action is MOOT. The motion to strike the 3 rd paragraph in the Prayer is GRANTED, but Plaintiff is permitted to amend to correct...

Excerpt: ...ause of action. Leave to amend the first cause of action as to Defendant Rindels is GRANTED. As to Defendant Prestige, the Demurrer is OVERRULED as to all causes of action. SUMMARY OF ALLEGATIONS: This case raises allegations of a breach of contract. In April of 2018, Plaintiff Englander, a managing member of Plaintiff EG, was referred to Defendant Rindels in order to acquire CBD Isolate. (Complaint, ¶ 9.) The referral came from Brad Hakala (“...

Excerpt: ...session of Parcels 76672-1, 76673-1, and 76674-1, which are more particularly described in paragraph 3 of the complaint on file in this proceeding (the “Parcels”). Defendants have not opposed the request. The Court GRANTS the State's requests to make an order of possession, effective thirty days after service of the order. “In the standard eminent domain proceeding, the condemning entity does not take possession and title until after judgme...

Excerpt: ...te this action, DENIES Plaintiffs' Motion to Compel Defendant to Pay Arbitration Fees without prejudice; and DENIES Plaintiffs' Motion for Discovery Sanctions. FACTUAL BACKGROUND: On September 14, 2022, Plaintiffs Bryce Noda and Kay Noda filed a complaint against Defendants Metro Auto and Westlake Services, LLC alleging statutory violations under the Consumer Legal Remedies Act, Unfair Competition Law, and Vehicle Code section 1171 as well as cla...

Excerpt: ...les, et al., Los Angeles Superior Court Civil Action No. 22STCV35583, filed on November 9, 2022; 2. Plaintiff's First Amended Complaint in this action, Jaeger v. County of Los Angeles, et al., Los Angeles Superior Court Civil Action No. 22STCV35583, filed on December 22, 2022. 3. Plaintiff's Government Claim for Damages filed with the County on June 22, 2022. 4. Plaintiff's Government Claim for Damages filed with the County on August 23, 2022. Pu...

Excerpt: ... of Civil Procedure section 1281.2 governs orders to arbitrate controversies. Section 1281.2 provides in relevant part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate ...

Excerpt: ...lendar days of this order. The judgment shall be amended to include the award of attorneys' fees and costs. I. Background On August 24, 2021, Plaintiff CNI One Cal Plaza Owner, LLC (“Plaintiff”) sued Defendants Broadway Elite, LLC and SCG America Group, Inc. (“Defendants”) for breach of lease, breach of guaranty, and declaratory relief arising out of an alleged Lease Agreement and Guaranty Agreement of property located at One California P...