Excerpt: ...endant Stylenquaza LLC (3) Shane Coons (Shane E. Coons, A Professional Law Corp.) for Specially Appearing Defendant Guidoni USA Inc. (1) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 10/13/2023) by Specially Appearing Defendant Cosentino Group, S.A. (2) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JURISDICTION (filed 12/04/2023) by Specially Appearing Defendant Stylenquaza LLC (3) MOTION TO QUASH SERVICE FOR LACK OF PERSONAL JU...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ...auses of action with 20 days leave to amend. Defendants' motion to strike is moot as the FAC is subject to demurrer. I. BACKGROUND On May 19, 2023, Plaintiff Timothy Kortenkamp (“Plaintiff”) filed this action. On January 25, 2024, Plaintiff filed a First Amended Complaint against Defendants Anthem Blue Cross Life and Health Insurance Company (“Anthem”) and Elevance Health, Inc. (“Elevance”) alleging the following causes of action: C/A...

Excerpt: ...15/2024) TENTATIVE RULING Defendants' Motion to Stay the Civil Proceeding is GRANTED. I. BACKGROUND On September 9, 2022, Plaintiffs Jung Park (“Jung”) and Young Park filed the instant action against Defendants Sofia Sweetheart LLC, Lida Behnam (“Lida”), and Sofia Benham. On December 4, 2023, Plaintiffs filed a Second Amended Complaint alleging the follo wing causes of action: C/A 1: Prescriptive Easement C/A 2: Implied Easement by Necess...

Excerpt: ...ia and Valerie Mejia (collectively “Plaintiffs”) filed this action against Defendant Vladimir Rozumny. Plaintiffs filed a First Amended Complaint on October 13, 2023 and asserted the following causes of action: 1. Tenant Harassment in Violation of Los Angeles Code §§ 45.33, 45.35 2. Violation of the Tenant Buyout Notification Program (Los Angeles Municipal Code § 151.31) 3. Breach of Covenant of Quiet Enjoyment 4. Nuisance 5. Unfair Compet...

Excerpt: ...he court sustains Defendants' demurrer as to each of the Complaint's causes of action with 20 days leave to amend. I. BACKGROUND On January 23, 2024, Plaintiff Aladdin Dinaali (“Plaintiff”) filed this action against Defendants Bridge Property Management, LC (“Bridge”); Lewis Brisbois Bisgaard & Smith LLP (“LBBS”); James E. Murphy (“Murphy”); American Legal Investigation Services Nevada, Inc.; Gabriela Melendez; and Deyber Jimenez....

Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ...David Wu Defendant's Motion for Summary Judgment or in the Alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. Defendants' Motion for Summary Judgment or in the Alternative, Summary Adjudication is GRANTED in part and DENIED in part. The Motion is granted as to the eleventh, twelfth, thirteenth, sixteenth, and seventeenth causes of action as against Chef on Fire, LLC. The Motion is denied as to the fir...

Excerpt: ...ed the moving papers, opposition papers, supplemental opposition, and reply papers. The court CONTINUES Defendant Derek Keane's Motion for Summary Judgment pursuant to Code of Civil Procedure § 437c(h) to May 31, 2024 in order to accommodate the taking of Keane's deposition. Plaintiff is permitted to submit its supplemental opposition papers on or before May 17, 2024. Keane is permitted to file a supplemental reply on or before May 27, 2024. Bac...

Excerpt: ...oldings, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. ...

Excerpt: ...ing Party: Defendant Devoto -Wade LLC dba Golden State Cider Motion for Issue and Monetary Sanctions The Court considered the moving papers, opposition, and reply. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breach of ...

Excerpt: ...ant Hollywood Production Center Responding Party: Plaintiff Marciano Rafael Valdez Motion to Compel Arbitration and Request for Stay of the Action. The Court considered the moving papers, opposition, and reply. The motion is GRANTED. The matter is STAYED pending a final resolution of Plaintiff's claims in the arbitration proceedings as provided by the parties' agreement. Moving party is ordered to give notice. Background On November 27, 2023, Pla...

Excerpt: ...ete Responding Party: Defendant/Cross -Complainant Derek Keane Motion to Set Aside Order Dated October 3, 2023 The court has considered the moving papers and opposition. No reply was received. The court on its own motion reconsiders its October 3, 2023 order. Consequently, the October 3, 2023 order is VACATED , and Keane's motion to compel filed on May 15, 2023 is DENIED as moot. Background Plaintiff Lafayette Apt. Associates, L.P. (hereinafter �...

Excerpt: ...riters at Lloyd's, London, Subscribing to Policy Number HGB0140086 (“Lloyd's”) and Washington & Finnegan Inc Motion to Compel the Deposition of the Person Most Qualified and Request for Sanctions The court considered the moving papers, opposition, and reply. The court GRANTS Plaintiffs' motion to compel Those Certain Underwriters at Lloyd's, London, Subscribing to Policy Number HGB0140086's PMQ's deposition. Nick Sargeant's deposition shall t...

Excerpt: ...een received. The court GRANTS Defendant Sergio Rodriguez Vasquez's motion for judgment on the pleadings on the ground that the complaint is barred by the doctrine of collateral estoppel. Background Plaintiff Norma Angelica Farias (“Plaintiff”) initiated this action on October 24, 2022 against Defendant Sergio Rodriguez Vasquez (“Defendant”) alleging causes of action for: (1) Unjust Enrichment; (2) Negligent/Intentional Infliction of Emot...

Excerpt: ...New Trial and Notice of Motion to Vacate Judgment. The court considered the moving papers and opposition papers. No reply has been filed. The court DENIES plaintiffs David Ortiz and Yuko Ortiz's motion for new trial and notice of motion to vacate judgment because the court lacks jurisdiction because of Plaintiffs' notice of appeal filed on October 6, 2023. Background On October 19, 2018, plaintiffs David A. Ortiz and Yuko Ortiz filed this action ...

Excerpt: ...ments (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Defendant is to provide supplemental responses to Request for Production of Documents (Set One) Nos. 13- 16 and 34-35, and responsive documents within 20 days of this order. The request for sanction is GRANTED in the amount of $2004.15, payable within 30 days. Background On January 31, 2023, Plaintiff Miguel Diego Beltran (“Plaintiff”) filed ...

Excerpt: ...rt considered the moving papers, opposition, and reply. The motion is GRANTED. The requests for sanctions are DENIED. Background On September 15, 2022, Plaintiffs Joshua King (“King”) and Arianna Rangel (“Rangel”) (collectively “Plaintiffs”) filed a Complaint against Defendants Passons LLC; Ideal Property and Realty, Inc.; Jesus Diaz (“Defendants”); and DOES 1 -100, inclusive for: (1) Violation of California Civil Code § 1942.4; ...

Excerpt: ...t considered the moving papers, opposition, and reply. The motion is DENIED. The request for sanctions is also DENIED. Background On June 1, 2021, Plaintiff Angeline Brown (“Plaintiff”) filed the operative Complaint against Defendants Beverly Hills Properties, LLC, a California limited liability company; Donald T. Sterling Corporation, a California corporation; Rochelle Sterling, as Trustee of the Sterling Family Trust; The Sterling Family Tr...

Excerpt: ...IVE] RULING Action Filed: 03/03/22 [1st Amended Complaint Filed: 02/27/23] Trial Date: 10/24/24 Hearing date: 04/17/24 Moving Party: Defendant Department of Social Services Responding Party: Plaintiffs A.B., a minor, C.D., a minor, E.F., a minor, G.H., a minor, by and through their guardian ERICKA ROSAL Defendant's The Court considered the moving papers, opposition, and reply. The Defendant Department of Social Services' Demurrer to Plaintiffs' S...

Excerpt: ...ke Portions of Plaintiff's Complaint Pursuant to CCP § 425.16 The Court has considered the moving papers. No opposition papers were filed. The motion is GRANTED. Background This action arises from the filing of an unlawful detainer action, LASC Case No. 22STUD06657 (the “UD Action”), against Plaintiff Derrick Lamont Beverly (“Plaintiff”) by Fox Normandie Apartments, LP. (Complaint at p. 1:18 -28.) On April 14, 2023, Plaintiff filed a Com...

Excerpt: ...sidered the moving and opposition papers. No reply papers were filed. The motion is DENIED. Background This action arises from the breach of a month- to-month rental agreement for a property located at 10523 Selkirk Lane, Los Angeles, CA 90077 (the “Property”). On August 29, 2023, Plaintiff Thuong Luong (“Plaintiff”) filed a Complaint against Defendants Veronika Mikhaylova (“Defendant”) and DOES 1 through 100, inclusive, alleging a si...

Excerpt: ...to Compel Further Responses to Set One of Defendant Rochelle Sterling, as Trustee of the Sterling Family Trust's Special Interrogatories and Request for Sanctions The Court has considered the moving, opposition, and reply papers. The motion is DENIED as it is untimely under CCP § 2030.300(c). Background This action arises from the alleged failure to warn residents, visitors, and workers that they have been exposed to asbestos containing material...

Excerpt: ...; KAYLA S. JAGODA, M.D., an individual; TAYLOR W. BURKHOLDER, M.D., an individual; SYLVIA HSIN -HUE YEH, M.D., an individual; MICHAEL LEESON, M.D., an individual; ANNIE LE, R.N., an individual; CASEY RODRIGUEZ, R.N., an individual; TRA CY HARADA, R.N., an individual; STEPHANIE LUONG, R.N., an individual; and DOES 1 to 100, Inclusive, Defendants. Case No.: 21STCV46931 DEPARTMENT 45 TENTATIVE RULING Complaint Filed: 12/23/21 Trial Date: None set He...

Excerpt: ... received. The court GRANTS defendant's motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I. The court GRANTS defendant's request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Le...

Excerpt: ...ty: None. Motion to Seal The Court considered the moving papers. No opposition has been filed. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On December 13, 202...

Excerpt: ...ntities) Responding Parties: None Motion for Determination of Good Faith Settlement The court considered the moving papers and Defendants Those Certain Underwriters at Lloyd's, London Subscribing to Policy Number HGB0140086 and Washington & Finnigan, Inc.'s response (not an opposition) that was filed on February 1, 2024. The court GRANTS Defendant's application for determination of good faith settlement. The court determines the settlement entere...

Excerpt: ...s. The Motion to Expunge Lien filed by Plaintiff Jose Villagomez is DENIED. Background This is a toxic tort action. On April 25, 2019, Jose Villagomez (“Plaintiff”) filed this action against Does 1 through 100, alleging five causes of action for (1) Negligence; (2) Strict Liability – Failure to Warn; (3) Strict Liability – Design Defect; (4) Fraudulent Concealment; and (5) Breach of Implied Warranties. The Complaint alleges the following:...

Excerpt: ...opposition papers have been filed as of April 9, 2024. Defendant Varela filed notice of no opposition on April 2, 2024. The Court GRANTS Defendant Varela's unopposed motion to compel arbitration. The case is stayed pending binding arbitration as to the entire action. Background This is an action for breach of contract and related employment claims. On December 9, 2022, Omar Moreno (“Plaintiff”) filed his Complaint against Central City Communi...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: April 11, 2024 Moving Party: Defendant Philip Michels, et al. Responding Party: Plaintiff Stanley Orwasher Motion for Summary Judgment or, in the alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. The motion is DENIED. Background On October 26, 2022, Plaintiffs Stanley Orwasher, individually and the Estate of Ph...

Excerpt: ...rike The court has considered the moving, opposition, and reply papers. The court SUSTAINS William Rawlings' demurrer to the third and sixth causes of action of the First Amended Complaint, with 20 days leave to amend. The court SUSTAINS William Rawlings' demurrer to the fifth cause of action of the First Amended Complaint without leave to amend. The Motion to Strike is MOOT because the court sustained the demurrer with leave to amend as to the t...

Excerpt: ...Admitted Requests for Admission (Set One) (3) Motion to Compel Responses to Form Interrogatories (Set One) (4) Motion to Compel Responses to Special Interrogatories (Set One) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Special Interrogatories (Set One). The court orders defendant Bolsabuy, Inc. to serve verified responses, without objections , to Special Interrogat...

Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...

Excerpt: ...n The court has considered the moving papers. No opposition has been received. The court GRANTS Defendant Mission Critical Restoration Services, Inc. dba Servpro of Torrance's motion for site inspection. The site inspection of Plaintiffs' premises shall occur within 30 days of this Order. Also, the court GRANTS the request for monetary sanctions against Plaintiffs and their attorney of record, jointly and severally, in the reduced amount of $622....

Excerpt: ...r Responses to RFPs (Set One) (2) Motion to Compel Further Responses to RFPs (Set Two) (3) Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply, as well as the parties' Joint Statement. Plaintiff's Motion to Compel Further Responses to RFPs (Set One) is GRANTED as to RFP Nos. 28 -34 and DENIED as to RFP Nos. 1- 27. Plaintiff's Motion to Compel Further Responses to RF...

Excerpt: ...position has been received. The court GRANTS Defendants' motion to compel compliance with subpoena duces tecum. Specialty Eye Center is ordered to produce the requested documents within twenty (20) days of this Order. Background This is a legal malpractice case. Plaintiff Lisa Berberian filed this action on October 5, 2022 against defendants Stephan Filip P.C. and Stephan Airapetian, alleging causes of action for (1) Professional Negligence; (2) ...

Excerpt: ...NIES in part Plaintiff's motion to tax costs. The court taxes Defendant Mueller's memorandum of costs in the amount of $5,500. Thus, the court awards Defendant Mueller costs in the reduced amount of $9,760.71. Background On April 21, 2021, Plaintiff John Ploense (“Plaintiff”) initiated this action against Defendants Timothy Mueller (“Mueller”) and Abxtract Tattoo LLC, alleging the following causes of action: (1) negligence; (2) breach of ...

Excerpt: ... Aldibert Esteban, Maisha Sykes, Deborah Berens, and Linda Hinkley Responding Party: None Motion for Final Approval of Class Action Settlement and Provisional Certification of Class The Court has considered the moving papers and supplemental briefing. No opposition was received. The Court GRANTS Plaintiffs' motion for final approval of class action settlement. Counsel is awarded $8,000,000 in fees and $60,000 in costs. The administrator is awarde...

Excerpt: ...dena Responding Party: None (1) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Enterprises, Inc dba Guerra-Cunningham -Bagues Funeral Directors' Responses to Request for Production of Documents, Set One (2) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Ente...

Excerpt: ... moving papers, opposition, and reply. Defendant Robert O'Neill's Motion to Continue Trial is DENIED. Background This case stems from allegations for breach of contract and money owed. On February 1, 2019 CR&R Incorporated (Plaintiff) entered into an Asset Purchase Agreement whereby the assets of a separate company – United Pacific Waste – were acquired. (Complaint, ¶ 7.) Included in these assets was a contract where United Pacific Waste pro...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: March 29, 2024 Moving Party: Defendant Philip Michels Responding Party: Plaintiffs Stanley Orwasher and Estate of Phyllis Orwasher Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED, further responses in 20 days. The request for sanctions is also GRANTE...

Excerpt: .../2024 Hearing date: 03/29/2024 Moving Party: Defendants Lucky's Two- Way Radios, Inc.; Buddy Corporation; and James A Kay Jr. Responding Party: Relator Frank J. Cannata Defendant's The Court considered the moving papers, opposition, and reply. Defendants' Demurrer to Relator's First Amended Complaint is SUSTAINED with 20 days leave to amend. Background This case stems from accusations of insurance fraud. On February 1, 2021, Frank J. Cannata (Rel...

Excerpt: ... Deutsche Bank National Trust Company, as trustee for Soundview Home Loan Trust 2006- OPT 3, Asset Backed Certificates, Series 2006-OPT 3, Western Progressive, LLC, Owen Loan S ervicing, LLC, Power Default Services, Inc., Brandy Berns, and Vicki Pospisil, and Defendant Sand Canyon Corporation fka Option One Mortgage Corporation Responding Parties: Plaintiff Ron Hacker, as Successor Trustee for 1713 Stearns Laverne Family Trust, dated August 1, 20...

Excerpt: ... None Motion for Attorneys' Fees The Court considered the moving papers. The motion is GRANTED in the amount of $129,341.25. Background On July 1, 2021, Plaintiffs Sophie Goodis and Natalie Goodis (“Plaintiffs”) filed the operative Complaint against Defendant Eric Mizrahi, individually and as trustee of the Brigitte Mizrahi 2019 Irrevocable Life Insurance Trust (“Defendant Mizrahi”); and D OES 1-25, for (1) Breach of Fiduciary Duty; (2) C...

Excerpt: ...gs Pending Arbitration The Court has considered the moving, opposition, and reply papers. The motion is GRANTED. Background This is an action arising from Plaintiff Bianca Villalpando (“Plaintiff”) being wrongfully terminated and subject to discriminatory actions during her employment with Defendant Nationstar Mortgage LLC (“Nationstar”). On October 31, 2023, Plaintiff filed a Complaint against Defendants Nationstar, Jennifer Ruiz, Elizab...

Excerpt: ...cable Living Trust (“Tuggle”), and Robert Conrad; and Responding Party: None Demurrer without Motion to Strike to Cross- Complaint The court considered the moving papers. No opposition has been filed. The court OVERRULES in part Cross-Defendants' demurrer to the first through fifth causes as moot and SUSTAINS in part the demurrer as to the sixth, seventh, eighth, tenth, and eleventh causes of action. Kamath is granted leave to amend only as t...

Excerpt: ...arty: None. Motion to Seal The Court considered the moving papers. The motion is GRANTED. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto -Wade LLC dba Golden State Cider (“Defendant”), and DOES 1 -10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On November 13, 2023, De...

Excerpt: ...E] RULING Action Filed: 03/03/2022 2nd Amended Complaint Filed: 06/05/23 Trial Date: 10/14/2024 Hearing date: March 21, 2024 Moving Party: Los Angeles County Responding Party: Plaintiffs Demurrer The Court considered the moving papers, opposition, and reply. The Demurrer is SUSTAINED with leave to amend. I. BACKGROUND a. Factual Plaintiffs allege that Ericka Rosal enrolled her four children (A.B., C.D., E.F., and G.H.) in the Pathways LA and Path...

Excerpt: ... Defendant's motion to tax costs is GRANTED in the amount of $757,251.09 and DENIED as to all other amounts. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Mercedes E 350 on Aug...