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2024.02.14 Motion for New Trial and to Vacate Judgment 631
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.14
Excerpt: ...MENT ENTERED AND RELATED CROSS -ACTIONS Background Plaintiff Kate Geller (“Geller”) filed this action on March 26, 2018 against Defendants Strong Arm Group, LLC (“SAG”), Eric Yohan Knipe, and Joseph Feldman (“Feldman”). On August 17, 2020, Geller filed the operative Fourth Amended Complaint, alleging causes of action for (1) breach of settlement agreement and (2) fraud. On June 27, 2019, SAG filed a Cross -Complaint against Geller. On...
2024.02.01 Demurrer 450
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...
2024.02.01 Demurrer 205
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...
2024.02.01 Demurrer 205
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...
2024.02.01 Motion for Summary Judgment, Adjudication 096
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...
2024.02.01 Motion for Attorney Fees 799
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ... Antonio Vernola (“Moving Defendant”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...
2024.02.01 Motion for New Trial or to Vacate Order Granting Summary Judgment 335
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ... 2022 against Defendants J and S Hospitality, Inc., Best Western International, Inc. (“BWI”), Rebecca Doe, Greg Doe, and Best Western Palm Desert Resort. The Complaint asserts causes of action for (1) disability discrimination, (2) perceived disability discrimination, (3) failure to prevent harassment and retaliation, (4) retaliation in violation of Government Code section 12940, et seq., (5) age discrimination, (6) nationality discrimination...
2024.02.01 Motion for Summary Judgment 596
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ...filed a first amended complaint (FAC). In the FAC, Plaintiff alleges the following causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On May 26, 2022, the court sustained Defendant's demurrer without leave to amend for the first and second causes of action. On November 15, 2023, Defendant filed this motion for summary judgment of the third cause of actio...
2024.02.01 Motion for Summary Judgment, Adjudication 096
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.02.01
Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...
2024.01.26 Demurrer to FAC 199
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.26
Excerpt: ...id”), Marcos Baca, Benjamin Torres, and Does 1 to 100, inclusive, alleging eight causes of action. Defendant TRM Gamma Aerospace Acquisition, LLC was added in the First Amended Complaint on September 8, 2023. On November 17, 2023, Defendant TRM filed its demurrer without a motion to strike. On January 12, 2024, Plaintiff filed her opposition. On January 19, 2024, Defendant TRM filed its reply. Tentative Ruling: Sustained with 20 days leave to a...
2024.01.25 Demurrer to FAC 848
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.25
Excerpt: ...ever, in the body of the complaint (Compl. ¶¶ 1, 12), he claims to represent the nonprofit Concerned Citizens of South Central Los Angeles. That nonprofit has gone on record (when objecting to a NORC) stating that Mr. Williams is “a disgruntled former employee of Concerned Citizens who does not represent Concerned Citizens and has no standing to bring claims....” Even if he was still a member in good standing, he could not represent a corpo...
2024.01.24 Motions to Compel Responses, for Monetary Sanctions 580
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.24
Excerpt: ...NTED. Defendant Vincent Martin is ordered to provide responses, without objection, to both Form Interrogatories, Set One, and Special Interrogatories, Set One, within 20 days. Plaintiff's request for monetary sanction is GRANTED. Defendant Vincent Martin and his counsel are ordered to pay $2,500.00 in sanctions, within 20 days, to Plaintiff Isabel Ortega pursuant to Code of Civil Procedures section 2023.030 subdivision (a). On April 18, 2023, Pla...
2024.01.24 Motion for Reconsideration 837
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.24
Excerpt: ...enced the present action against Defendants Blouin & Company, Inc., Robert Cinelli, David Blouin, Becky Radant, Christy Wise, Devonshire Delaware, Greg Christensen, Lizanne Engemann, Shannon Engemann Grossman, Sydney Gail Stayden, Tali Flying LP, and Does 1 through 50. Plaintiff alleges following causes of action: Professional Negligence, Breach of Fiduciary Duty, Fraud, Conversion of Community Property, Equitable and/or Implied Indemnity, Accoun...
2024.01.23 Motion for Attorney Fees 675
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.23
Excerpt: ...one. Motion for Attorney Fees The court considered the moving papers. RULING Plaintiff The Kennedy Commission's Motion for Attorney Fees is GRANTED in amount of $418,560.00. BACKGROUND On July 31, 2015, Plaintiff filed a Complaint against Defendants for violation of California's Housing Element Law, Government Code section 65580 et seq. for passage of a general plan and subsequent amendment thereto that Plaintiff alleged failed to comply with the...
2024.01.23 Motion to Compel Further Responses 330
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.23
Excerpt: ...o Plaintiff's Request for Production of Documents, Set One The court considered the moving and opposition papers. RULING Plaintiff Gerardo Guerrero's Motion to Compel Further Responses to Request for Production of Documents, Set One Nos. 16-21 is GRANTED. Defendant to comply within 20 days. BACKGROUND On March 22, 2023, Plaintiffs Gerardo Guerrero and Maria Guerrero filed a Complaint against Defendant and DOES 1 through 10, inclusive for Violatio...
2024.01.22 Motion to Compel Arbitration and Stay Action 282
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2024.01.22
Excerpt: ...D. Defendants to give notice. BACKGROUND Around September 2000, Plaintiff Jane Doe was employed as a store manager by Defendants Jack in the Box Inc. (“Jack”), Del Taco Restaurants Inc. (“Del”) and Del Taco LLC (“Taco”). Plaintiff alleges that she suffered severe sexual harassment, battery and assault at the hands of her supervisor, Defendant Santiago Garcia. Plaintiff alleges she reported the sexual harassment Defendants Marcos Lopez...
2023.12.22 Motion to Tax Costs 933
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.22
Excerpt: ...sexual harassment - hostile work environment in violation of FEHA, (2) failure to protect in violation of FEHA, and (3) retaliation in violation of FEHA. On March 2, 2020, Plaintiff filed an Amended Complaint which amends paragraph 2 of the Complaint and deletes Paragraph 7c of the Complaint. On April 3, 2023, a Judgment Following Jury Trial (the “Judgment”) was filed in this action. The Judgment provides that “[t]his action came on regular...
2023.12.22 Motion to Sever, Deconsolidate Cases 736
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.22
Excerpt: ...D (2) SETTING CASE NUMBER 22VECV01348 FOR TRIAL AND RELATED CROSS-ACTION Background On June 8, 2022, Plaintiffs Eugene Chorny (“Chorny”) and Irina Ermakova (“Ermakova”) filed the instant action against Defendants Samuel Ohana (“Ohana”), Tamim, LLC (“Tamim”), The Barbara Willa Johanna Katt Living Trust, and Marks and Associates, a California Accountancy Corporation (collectively, “Defendants”). On February 14, 2023, Chorny and ...
2023.12.22 Motion to Continue Trial 290
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.22
Excerpt: ...��Defendant”) on May 20, 2020. In the Complaint, Plaintiff asserts causes of action for (1) retaliation in violation of Equal Pay Act, (2) whistleblower retaliation, (3) retaliation in violation of FEHA, (4) retaliation in violation of Labor Code section 98.6, (5) discrimination on the basis of association with protected group in violation of FEHA, (6) failure to prevent discrimination and/or retaliation in violation of FEHA, (7) wrongful termi...
2023.12.22 Demurrer to FAC 644
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.22
Excerpt: ...f”) filed this action against Defendant Cushman & Wakefield of California, Inc. (“Defendant”). Plaintiff filed the operative First Amended Complaint (“FAC”) on September 27, 2023, alleging causes of action for (1) professional negligence, (2) breach of fiduciary duty – trust and confidence, and (3) breach of contract. Defendant now demurs to each of the causes of action of the FAC. Plaintiff opposes. Request for Judicial Notice The Co...
2023.12.21 Demurrer, Motion to Strike 757
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.21
Excerpt: ...SES MEDICAL CORPORATION'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Joseph Vincent Ruiz, in pro per (“Plaintiff ”) Ðiled this action on July 15, 2022 against Defendant Menyoli Michael Malafa, M.D. Plaintiff Ðiled the operative First Amended Complaint (“FAC”) on August 1, 2022 against Defendants Menyoli Michael Malafa, M.D., Luigi F. Galloni, M.D. (“Galloni”), and Galloni Enterprises Medi...
2023.12.20 Motion for Leave to Amend Complaint 974
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.20
Excerpt: ...“Salazar”). The Complaint alleges causes of action for (1) contractual and tortious breach of the covenant of quiet enjoyment, (2) nuisance, (3) negligence, (4) violation of Business and Professions Code section 17200 et seq., and (5) violation of Los Angeles Municipal Code section 151.33. In the Complaint, Morgado alleges that at all times mentioned in the Complaint, Plaintiff occupied the real property located at 1203 N Cherokee Ave, Los An...
2023.12.20 Motion for Judgment on SEC 754
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.20
Excerpt: ...t Defendant Enigma Management Corp. dba Alliance Laboratories (“Defendant”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on August 7, 2023, alleging causes of action for (1) breach of contract, (2) common count for services rendered, (3) promissory estoppel, (4) breach of covenant of good faith and fair dealing, (5) fraud – intentional misrepresentation, (6) fraudulent inducement, (7) negligent misrepresentation, (8) ...
2023.12.20 Motion in Limine to Bifurcate Trial of Equitable and Legal Issues 782
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.20
Excerpt: ...November 26, 2019 against Defendants Chen Wang (“Wang”), Zoe Chow a.k.a. Zoe Chow Szeman (“Chow”), Rachel Shui, and Pai Sung Lin (“Lin”). Zhao filed the operative Verified First Amended Complaint (“FAC”) on December 5, 2019, alleging causes of action for (1) rescission of contract, (2) cancellation of recorded instrument, (3) breach of fiduciary duty, (4) fraud – concealment, (5) constructive fraud, (6) civil conspiracy, (7) sla...
2023.12.20 Motion to Compel Further Responses, for Monetary Sanctions 791
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.20
Excerpt: ... INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO WILLIAM HONG; REQUEST FOR MONETARY SANCTIONS Background On November 14, 2022, Plaintiffs Xiang Hao Cui (“Cui”), for himself and derivatively on behalf of Nominal Defendant Stanford Plaza Association, Inc., 800 East Pico Blvd, LLC, 808 East Pico Blvd, LLC, and Stanford Plaza Holdings, LLC (collectively, “Plaintiffs”) filed this action against Defendants Dae Yong Lee aka David Le...
2023.12.20 Motion to Set Aside or Vacate Dismissal 174
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.20
Excerpt: ...tion against Defendants South Bay Property Management Inc. and “Agents: Wanda Rafael” (jointly, “Defendants”). The Complaint alleged one cause of action for “OSC: Failure to Perform.” On January 31, 2023, Plaintiff filed a document titled “Amended Complain [sic] on OSC” (herein, the “FAC”). Defendants demurred to the FAC. On November 17, 2023, the Court issued an order sustaining Defendant's demurrer. The Court's November 17, ...
2023.12.19 Motion to Compel Deposition, for Sanctions 375
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.19
Excerpt: ...t Defendant Trader Joe's Company (“Defendant”). The Complaint alleges causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) failure to engage in good faith interactive process, (4) harassment/hostile work environment, (5) failure to prevent harassment/hostile work environment, (6) retaliation, and (7) wrongful termination. Defendant now moves for an order compelling Plaintiff “to appear and...
2023.12.19 Motion for Release of L.A. County Probation Department Records 960
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.19
Excerpt: ...ert Arutyunov and Luiza Arutyunova as Successors in Interest to Decedent, Spartak Arutyunov filed this action on December 6, 2022 against Defendants Exodus Recovery, Inc. dba the Dr. David L. Murphy Sobering Center, Social Model Recovery Systems dba Rena B, Pedro Manzano, Roger Coapes, and Brandon James. The Complaint alleges causes of action for (1) wrongful death based on negligence, and (2) dependent adult neglect. Albert Arutyunov and Luiza A...
2023.12.18 Motion to Vacate and Set Aside Default 121
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.18
Excerpt: ...laintiff Insurance Company of the West (“Plaintiff”) filed this action on June 8, 2023 against Defendant Sudden Valley Holdings (“Defendant”). The Complaint alleges one cause of action for breach of agreement. On August 1, 2023, default was entered against Defendant. Defendant now moves for an order to vacate and set aside the default entered against Defendant and provide Defendant with leave to file its answer to Plaintiff's Complaint. P...
2023.12.18 Demurrers, Motions to Strike 046
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.18
Excerpt: ...Plaintiffs Maria Luisa Trevejo (“Trevejo”) and MLT World, LLC (“MLT”) filed this action on January 17, 2023 against Defendant Stephen Belafonte (“Belafonte”). Trevejo and MLT filed the operative Second Amended Complaint on July 14, 2023, alleging causes of action for (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) conversion, (5) accounting, and (6) violation of usury laws. On Augu...
2023.12.15 Motion to Quash 280
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.15
Excerpt: ...ound Plaintiffs Chuanjie Yang, Ollie Lan aka Ruoning Lan, Yu Xia Lu, and Liu Liu (collectively, “Plaintiffs”) filed this action on October 11, 2022 against Defendants Market America, Inc., Market America Worldwide, Inc., James Howard Ridinger, Loren Ridinger, and Marc Ashley. The Complaint alleges one cause of action for declaratory relief. On August 21, 2023, Plaintiffs field an Amendment to Complaint (Fictitious/Incorrect Name) substituting...
2023.12.15 Motion to Compel Responses 366
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.15
Excerpt: ...SQUARED, LLC); MOTION FOR ORDER COMPELLING RESPONSES TO FIRST SET OF JUDICIAL COUNCIL FORM INTERROGATORIES; MOTION FOR ORDER COMPELLING RESPONSES TO FIRST SET OF JUDICIAL COUNCIL FORM INTERROGATORIES (STYLE SQUARED, LLC) Background Plaintiffs Brent Evans (“Evans”) and Style Squared, LLC (“Style Squared”) (jointly, “Plaintiffs”) filed this action on May 9, 2022 against Defendants Sophia Jin and Colorish, LLC dba Indigo Rose. Plaintiffs...
2023.12.14 Motion for Summary Judgment, Adjudication 588
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.14
Excerpt: ... this action against Defendants Giuliano-Pagano Corporation dba Giuliano's Bakery (“Giuliano's Bakery”) and NG Trucking LLC (“NG Trucking”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) breach of written contract, (2) breach of oral contract, (3) open book account, and (4) open book account. [1] On January 24, 2022, Defendants filed a Cross-Complaint against Plaintiff, alleging causes of action for (1) breach...
2023.12.13 Demurrer, Motion to Strike 441
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.13
Excerpt: ...a (“Hermankova”) and Tomas Hermanek, a Minor, by and through his Guardian Ad Litem, Tea Hermankova (jointly, “Plaintiffs”) filed this action on April 27, 2023 against Defendants Runway Sub Reit, LLC (“Runway”) and Bozzuto Management Company (jointly, “Defendants”). The Complaint alleges causes of action for (1) breach of lease, (2) breach of implied covenant of habitability, (3) trespass, (4) negligence, (5) breach of covenant of ...
2023.12.13 Demurrer, Motion to Strike 103
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.13
Excerpt: ...filed this action on June 28, 2023 against Defendant General Motors LLC (“GM”). The Complaint alleges causes of action for (1) fraudulent concealment and misrepresentation, (2) negligent misrepresentation, (3) commission of unlawful, unfair, or fraudulent business acts and practices, Business and Professions Code §17200, et seq. (4) violation of the Song- Beverly Consumer Warranty Act – breach of express warranty, (5) violation of the Song...
2023.12.12 Motion for Attorney Fees 823
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.12
Excerpt: ...on against Defendants Online Edugo, Inc. (“Edugo”), Andrew Kim (“Kim”) and Law Office of Andrew Kim, APC (the “Law Office”). The Complaint asserts one cause of action for wrongful use of civil proceedings. On August 3, 2022, the Court issued an Order granting Edugo's special motion to strike Plaintiffs' Complaint. In addition, on April 28, 2023, the Court issued an Order granting Kim and the Law Office's special motion to strike Plain...
2023.12.12 Motion to Set Valuation Date 612
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.12
Excerpt: ...ms (“Simms”), Carmen Santillan (“Santillan”), Plant Ranch, Inc. (“Plant Ranch”), and Cena Kitchen, LLC (“Cena Kitchen”). Plaintiff filed the operative Third Amended Complaint (“TAC”) on August 29, 2023, alleging causes of action for (1) constructive fraud, (2) accounting, (3) conversion, (4) breach of the operating agreement, (5) breach of fiduciary duty, (6) declaratory relief, and (7) dissolution. On August 24, 2023, Plant R...
2023.12.08 Request for Default Judgment 498
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.08
Excerpt: ...ing”). Plaintiff seeks judgment in the total amount of $69,159.47, comprising $44,028.16 demanded in the Complaint, $9,434.31 in interest, $1,200.00 in costs, and $14,497.00 in attorney fees. The Court notes a number of defects with the submitted default judgment package. First, it is unclear whether the most recent default judgment package filed on October 12, 2023 (and October 11, 2023) was mailed to Hedding. Item 6(b) of the Request (Form CI...
2023.12.08 Request for Default Judgment 057
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.08
Excerpt: ...st Defendant Thunder on the Iron Range, LLC in the total amount of $47,265.54, comprising $32,200.00 in damages, $3,184.71 in interest, $968.33 in costs, and $10,912.50 in attorney's fees. The Court notes a number of defects with the submitted default judgment package. First, Plaintiff checked Item 6(b) of the Request (Form CIV-100), but the date listed is “July XX, 2023.” Thus, it is unclear if and when the request was mailed. Second, Plaint...
2023.12.07 Special Motion to Strike 283
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.07
Excerpt: ...intiff Larry Link (“Plaintiff”) filed this action against Defendants Victoria Billings (“Billings”) and 5523 Harold Way, LLC (“Harold Way”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) disability discrimination, (2) retaliation for request for accommodation, (3) failure to pay wages owed at termination, (4) failure to pay wages owed after termination, (5) harassment, and (6) “retaliation eviction.” D...
2023.12.07 Motion to Compel Further Responses, for Monetary Sanctions 290
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.07
Excerpt: ...NDANT AND/OR ITS COUNSEL Background Plaintiff Jason Dizon (“Plaintiff”) filed this action against Defendant Western Asset Management Company, LLC (“Defendant”) on May 20, 2020. In the Complaint, Plaintiff asserts causes of action for (1) retaliation in violation of Equal Pay Act, (2) whistleblower retaliation, (3) retaliation in violation of FEHA, (4) retaliation in violation of Labor Code section 98.6, (5) discrimination on the basis of ...
2023.12.06 Demurrer, Motion to Strike 625
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.06
Excerpt: ..., 2021, Plaintiff Kenneth Wengrod, Trustee of The Manhattan Trust, derivatively on behalf of Lily Bleu, Inc. (“Plaintiff”) filed this action against Defendants Michael Weiss and Barbara Clark Cambilargiu, and “Nominal Defendant” Lily Bleu, Inc. (“Lily Bleu”). On March 1, 2023, Plaintiff filed an Amended Verified Derivative Complaint (the “FAC”), alleging causes of action for (1) breach of fiduciary duty, (2) corporate waste, (3) u...
2023.12.05 OSC Re Preliminary Injunction 953
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.05
Excerpt: ...ation (“Defendant”). The Complaint asserts causes of action for (1) violation of Civil Code section 2923.55 and (2) violation of Business and Professions Code section 17200 et seq. In the Complaint, Plaintiff alleges that at all relevant times, she owned the property located at 637 E 29th Street, Los Angeles CA 90011. (Compl., ¶ 7.) Plaintiff alleges that “[i]n mid-2015, a fire virtually destroyed most of the Property and left it in severe...
2023.12.05 Motion to Compel Further Responses, for Sanctions 730
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.05
Excerpt: ...Chou (“Plaintiff”) filed this action on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. In the Complaint, Plaintiff alleges that...
2023.12.05 Motion for Summary Judgment 335
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.05
Excerpt: ...ality, Inc., Best Western International, Inc. (“BWI”), Rebecca Doe, Greg Doe, and Best Western Palm Desert Resort (the “Resort”) (collectively, “Defendants”) The Complaint asserts causes of action for (1) disability discrimination, (2) perceived disability discrimination, (3) failure to prevent harassment and retaliation, (4) retaliation in violation of Government Code section 12940, et seq., (5) age discrimination, (6) nationality di...
2023.12.05 Motion for Leave to File FAC 284
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.05
Excerpt: ...LAINT Background Plaintiff Armando Vazquez-Ramos, as Successor Trustee of the Lourdes R. Vazquez Family Living Trust of 2004 (“Plaintiff”) filed this action on July 30, 2021 against, inter alia, Antonio Ramos Vazquez, in his individual capacity, and Fernando Ramos Vazquez. The Complaint alleges causes of action for (1) quiet title to real property and for injunctive relief, (2) constructive trust, and (3) accounting. On September 26, 2022, Pl...
2023.12.04 Motion to Strike FAC 257
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.04
Excerpt: ...e “Haller Action”) against a number of defendants. Haller and Tan filed the operative First Amended Complaint (“FAC”) in the instant action on June 8, 2023 against Defendants City of Los Angeles (the “City”), Hollywood Arts Collective LP, Hollywood Arts Collective LLC, Thomas Safran and Associates Development, Inc., Thomas Safran and Associates. Inc., Morley Construction Company, and Benchmark Contractors Inc. (collectively, “Defend...
2023.12.04 Demurrer to TAC, Motion to Strike 937
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.04
Excerpt: ... MOTION TO STRIKE PORTIONS OF PLAINTIFFS' HALLER LLC AND SHAUN TAN'S FIRST AMENDED COMPLAINT AND RELATED CROSS-ACTIONS Background On April 7, 2022, Plaintiff Jayesh Kumar (“Kumar”) filed the instant action against a number of defendants, including the City of Los Angeles (the “City”) (herein, the “Kumar Action”). On June 8, 2023, Kumar filed the operative Third Amended Complaint (“TAC”) in the Kumar Action against the City, Haller...
2023.12.04 Demurrer 854
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.04
Excerpt: ...mplaint alleges causes of action for (1) premises liability and (2) violation of Federal Fair Housing Act. On July 26, 2022, 859 S. Bedford filed a Complaint against Gottlieb in the matter 859 S. Bedford LLC v. Shlomo Gottlieb, et al., Case No. 22STCV24144. On January 6, 2023, the Court issued a minute order in the instant action providing, inter alia, that “[t]he Court finds that the following cases, 22STCV24144 and 22STCV38854, are related wi...
2023.12.01 Petition for Relief from Claim Statute 985
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.12.01
Excerpt: ...Order From Relief From Claim Statute” (the “Petition”) in this action against the County of Los Angeles (“County”) and the Los Angeles County Sheriff's Department, (jointly “Respondents”). Petitioner sought an order “granting the Petitioner's requested relief herein from the provisions of ¿Cal Gov. Code § 945.6¿.” (See May 2, 2022 Order.) The County opposed. On May 2, 2022, the Court issued an Order denying the petition. Ther...
2023.11.29 Motion for Leave to Amend Complaint 974
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.29
Excerpt: ...“Salazar”). The Complaint alleges causes of action for (1) contractual and tortious breach of the covenant of quiet enjoyment, (2) nuisance, (3) negligence, (4) violation of Business and Professions Code section 17200 et seq., and (5) violation of Los Angeles Municipal Code section 151.33. In the Complaint, Morgado alleges that at all times mentioned in the Complaint, Plaintiff occupied the real property located at 1203 N Cherokee Ave, Los An...
2023.11.29 Motion for Judgment on the Pleadings 465
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.29
Excerpt: ...al Depot, Inc. (jointly, “Plaintiffs”) filed this action on February 3, 2023 against a number of defendants, including the State of California, acting by and through the California Department of Transportation (“Caltrans”). The Complaint alleges causes of action for (1) breach of contract, (2) petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5, (3) breach of implied covenant of good faith and fair dealing, and...
2023.11.28 Motion for Summary Judgment, Adjudication 163
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.28
Excerpt: ... on November 1, 2021 against Defendants AGC Aviation, LLC (“AGC”), Andy Heyward (“Heyward”), and QS Partners, LLC (“QS Partners”) (collectively, “Defendants”). The original Complaint asserted causes of action for (1) false promise, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) breach of contract, and (5) breach of the covenant of good faith and fair dealing. AGC demurred to each cause of action of the Com...
2023.11.28 Motion for Prejudgment Possession 346
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.28
Excerpt: ...ff Los Angeles County Metropolitan Transportation Authority (“LACMTA”) filed this eminent domain action against, inter alia, Century City Mall, LLC (“Century City”). LACMTA seeks to acquire by eminent domain (1) four exclusive permanent subsurface easements; (2) a 6-month temporary construction easement; and (3) a 12-month access area for the installation, monitoring, and removal of liquid level gauge devices within the real property loca...
2023.11.28 Motion for Judgment on the Pleadings 889
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.28
Excerpt: ...ugust 10, 2022. The Complaint asserts causes of action for (1) tortious interference with contract, (2) unfair business practices, and (3) tortious interference with prospective advantage. Defendant demurred to each of the causes of action of the Complaint. On April 26, 2023, the Court issued an Order sustaining Defendant's demurrer to the third cause of action of the Complaint, with leave to amend. The Court overruled the demurrer to the first a...
2023.11.17 Motion for Leave to Submit Tardy Expert Disclosure 554
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.17
Excerpt: ... Corp. (“SecurCapital”) and Stephen J. Russell (jointly, “Defendants”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 23, 2022, alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of fiduciary duty, (5) conversion, (6) fraudulent concealment, (7) fraudulent misrepresentation, (8) negligent misrepresentation, (9) unju...
2023.11.17 Motion for Leave to Amend Complaint 176
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.17
Excerpt: ...C. The Complaint asserts causes of action for (1) breach of written contract, (2) breach of implied covenant of good faith and fair dealing, (3) unjust enrichment, (4) mechanic's lien foreclosure, (5) open book account, and (6) account stated. Plaintiff now moves for leave to amend the Complaint in this case. The motion is unopposed. Discussion Pursuant to Code of Civil Procedure section 473(a)(1), “[t]he court may, in furtherance of justice, a...
2023.11.17 Demurrer to FAC 174
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.17
Excerpt: ...endants South Bay Property Management Inc. (“South Bay”) and “Agents: Wanda Rafael” (“Rafael”). The Complaint alleged one cause of action for “OSC: Failure to Perform.” South Bay and Rafael (jointly, “Defendants”) demurred to the Complaint. Defendants also moved to strike portions of the Complaint. On January 25, 2023, the Court issued an Order sustaining Defendants' demurrer to the Complaint in its entirety, with leave to ame...
2023.11.16 Motion to Compel Further Responses, for Monetary Sanctions 290
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.16
Excerpt: ...FENDANT AND/OR ITS COUNSEL Background Plaintiff Jason Dizon (“Plaintiff”) filed this action against Defendant Western Asset Management Company, LLC (“Defendant”) on May 20, 2020. In the Complaint, Plaintiff asserts causes of action for (1) retaliation in violation of Equal Pay Act, (2) whistleblower retaliation, (3) retaliation in violation of FEHA, (4) retaliation in violation of Labor Code section 98.6, (5) discrimination on the basis o...
2023.11.16 Motion for Leave to File FAC 760
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.16
Excerpt: ... for (1) failure to produce personnel documents and records, and (2) failure to produce payroll documents and records. On August 9, 2023, Plaintiff filed a previous Motion for Leave to File First Amended Complaint. On October 5, 2023, the Court issued an Order denying the motion without prejudice. The Court's October 5, 2023 minute order provides, inter alia, that “Plaintiff's motion is denied without prejudice. Plaintiff requests a continuance...
2023.11.15 Motion to Set Aside or Vacate Default 421
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.15
Excerpt: ...uisite Apparel Corp. (“Exquisite Apparel”) and Affluent Staffing, LLC (“Affluent”) (jointly, “Defendants”). On March 16, 2023, Plaintiff filed the operative Second Amended Representative Action Complaint (the “SAC”), which contains a single cause of action for violation of the Private Attorneys General Act. Plaintiff previously moved for an order imposing terminating and monetary sanctions against Exquisite Apparel. No opposition ...
2023.11.15 Demurrer, Motion to Strike 284
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.15
Excerpt: ...' COMPLAINT Background Plaintiffs Lawrence Vallely, Therese Vallely, Mary Bestwick, Nilan Gunewardena, Jessica Millan, Lubna Ibrahim, Taurell Lebeau, Julian Payton, David Ross, Hothyfa James Museitif, Giancarlo Samson, Curtis Saulnier, Suraj Sundar, Michael Capovilla, Lucia Senzatimore, Dustin Clark, Natalia Nowicka, Michael Samu, and Majan Zaldana (collectively, “Plaintiffs”) filed this action on July 12, 2023 against Defendant Equity Reside...
2023.11.14 Motion for Reconsideration 687
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.14
Excerpt: ...) and Saeed Bholat (“Bholat”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) FEHA retaliation, (2) FEHA retaliation, (3) failure to prevent discrimination, (4) “prevention of employee's Weingarten rights – FEHA discrimination,” (5) “civil rights violation – use of video camera – FEHA discrimination,” (6) “failure to provide progressive discipline – FEHA discrimination,” (7) “failure to provid...
2023.11.13 Motion to Stay Proceedings, Demurrer for Plea in Abatement 142
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.13
Excerpt: ...EA IN ABATEMENT Background Plaintiff Mackenzie Anne Thoma, a.k.a. Kenzie Anne, as an aggrieved employee, and on behalf of all other aggrieved employees under the Labor Code Private Attorneys' General Act of 2004 (“Plaintiff”) filed this action on July 11, 2023 against Defendants VXN Group LLC, Strike 3 Holdings LLC, General Media Systems, LLC, and Mike Miller (collectively, “Defendants”). The Complaint contains one cause of action for civ...
2023.11.13 Motion for Judgment on the Pleadings 554
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.13
Excerpt: ...gainst Defendants SecurCapital Corp. (“SecurCapital”) and Stephen J. Russell (“Russell”) (jointly, “Defendants”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on November 23, 2022, alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of fiduciary duty, (5) conversion, (6) fraudulent concealment, (7) fraudulent misrepresentat...
2023.11.09 Motion for Summary Adjudication 361
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.09
Excerpt: ...inter alia, Defendant Horrigan Cole Enterprises, Inc. dba Cole Vocational Services, Co. (“CVS”). Plaintiff's Complaint asserts causes of action for (1) violation of Health and Safety Code section 1432, (2) violation of Health and Safety Code section 1278.5, (3) violation of Labor Code section 1102.5, and (4) wrongful termination in violation of public policy. On April 7, 2022, Plaintiff filed an amendment to the Complaint naming National Ment...
2023.11.09 Anti-SLAPP Motion to Strike, for Attorney Fees 682
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.09
Excerpt: ... Nancy Klosowski (“Plaintiff”) filed this instant action against Defendants Manhattan Beach Unified School District (the “District”) and Tom Stekol (“Stekol”) (jointly, “Defendants”). On September 27, 2023, Plaintiff submitted a Second Amended Complaint (“SAC”) alleging causes of action for (1) age discrimination, (2) hostile work environment, (3) failure to prevent discrimination and harassment, (4) intentional infliction of ...
2023.11.08 Motion for Separate Trial on Liability Issue and Apportionment 516
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.08
Excerpt: ... “Plaintiffs”) filed a “Complaint to Abate Nuisance and for Damages” in this action against Defendants George Yadegar; Hong Kook Kim; Wong Woo Pak; and Carlos Jimenez, individually and dba J B Advance Builders. In the Complaint, Plaintiffs allege that they are the owners of real property known as 3320 Reynolds Avenue, Los Angeles, CA. (Compl., ¶ 1.) George Yadegar is the owner of real property known as 3322 N. Reynolds Avenue, Los Angele...
2023.11.08 Demurrer to FAC 513
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.08
Excerpt: ...bel Jones (“Defendant”). The original Complaint asserted causes of action for (1) quiet title, (2) breach of contract, (3) breach of warranty of habitability, and (4) negligent infliction of emotional distress. Defendant demurred to each of these causes of action and moved to strike portions of the Complaint. On April 28, 2023, the Court issued an Order sustaining Defendant's demurrer to the first, second, and third causes of action of the Co...
2023.11.07 Motion for Attorney Fees 151
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.07
Excerpt: ...EASONABLE ATTORNEY'S FEES IN THE SUM OF $64,160.25 AND OTHER COSTS IN THE SUM OF $12,496.19 Background Plaintiffs Mehdi Saidane and Mimi Saidane (jointly, “Plaintiffs”) brought this action on June 30, 2017 against Defendants Patrick Khalafian, Dertad Teddy Bedjakian (“Bedjakian”), and 168 Entertainment, LLC (“168 Entertainment”). Plaintiffs filed the operative Second Amended Complaint on July 3, 2018, asserting causes of action for (1...
2023.11.07 Demurrer, Motion to Strike 020
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.07
Excerpt: ...ff The Estate of Lucy M. Johnson by Eric Walker, its Special Administrator (“Plaintiff”) filed this action on May 17, 2023 against a number of Defendants, including Defendant Priority Title Company (“PTC”). The Complaint alleges causes of action for (1) quiet title, (2) cancellation of recorded instruments, and (3) fraud and negligence. PTC now demurs to the Complaint. PTC also moves to strike portions of the Complaint. Plaintiff opposes ...
2023.11.06 Motion to Expunge Lis Pendens 850
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.06
Excerpt: ... inter alia, Defendant Leon Richard Mays, an individual (“Mays”) and as Trustee of the 402 Randolph Trust. The operative Fourth Amended Complaint (“FAC”) was filed by Plaintiffs on January 27, 2023. The FAC asserts causes of action for (1) intentional misrepresentation, (2) negligence, (3) fraudulent conveyance, (4) “withdrawn,” (5) violation of Business and Professions Code section 7160, (6) aiding and abetting unlicensed contracting...
2023.11.06 Motion to Amend Judgment 053
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.06
Excerpt: ...ff”) filed this action on October 31, 2018 against Defendant Kandypens Inc. (“Kandypens”). The Complaint alleges causes of action for (1) violation of Unfair Competition Law, (2) violation of the Stop Tobacco Access to Kids Enforcement Act, and (3) violation of the Safe Drinking Water and Toxic Enforcement Act. On July 16, 2021, the Court issued a Final Judgment in this matter (herein, the “Judgment”). The Judgment provides, inter alia,...
2023.11.03 Motion for Leave to File Complaint 789
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.03
Excerpt: ...ndants, including Raymond Munro ("Munro") and Henry Suarez ("Suarez"). Plamtiffs filed the operative First Amended Complaint ("PAC") on June 17, 2020, allegmg causes of action for (1) breach of written contract for sale of real property, (2) violation of Civil Code sections 1102 et seq., (3) violation of Civil Code sections 2079 et seq„ (4) negligence, (5) fraudulent concealment (6) fraudulent misrepresentation, (7) negligent misrepresentation,...
2023.11.03 Motion for Relief and to Set Aside Default 503
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.03
Excerpt: ...ronoff an individual and as trustee of the ATVV Trust, with an effective date of January 1, 2012, and Milder Arroliga, as trustee of the ATW Trust, with an effective date of January 1, 2012. Plaintiff filed the operative Second Amended Complaint ("SACO on November 17, 2020, alleging ten causes of action. On August 19, 2023, Jane Doe filed a Cross-Complaint in this action against, inter alia, Plaintiff. The Cross-Complaint alleges nine causes of a...
2023.11.03 Motion to Bifurcate or Sever Special Defenses and Equitable Claims 554
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.03
Excerpt: ...December 30, 2021 against Defendants SecurCapital Corp. ("SecurCapital") and Stephen J. Russell ("Russell") (jointly, "Defendants"). Plaintiff filed the operative Second Amended Complaint ("SAC") on November 23, 2022, alleging causes of action for (1) breach of contract, (2) declaratory relief, (3) breach of partnership or joint venture agreement, (4) breach of fiduciary duty, (5) conversion, (6) fraudulent concealment, (7) fraudulent misrepresen...
2023.11.03 Motion to Compel Further Responses, for Monetary Sanctions 517
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.03
Excerpt: ...QUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF S18,796 25; PLAINTIFF'S MOTION TO CONNEL DEFENDANT ENRIQUE EARLE M.D •S FURTHER DISCOVERY RESPONSES; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF S7:846 Plamtiffs Devin Estime, a minor, by and through his Guardian Ad Litem, Arti Bhimani, Michel Estime, and Arti Bhimani filed this action on Februaty 22, 2022 agamst a number of defendants. On May 26, 2022, Plaintiff Devin Estime, a minor, by and th...
2023.11.02 Motion to Advance Motion for Summary Judgment or for Trial Continuance 095
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.02
Excerpt: ...d The Estate of Obalajii Khephren Rust filed this action on January 26, 2021 against Defendants Kim B. Priestley and Darryl H. Priestley (jointly, “Defendants”). The Complaint alleges causes of action for (1) wrongful eviction, (2) intentional infliction of emotional distress, (3) conversion, and (4) defamation per se. The trial date in this action is currently set for January 24, 2024, and the hearing on Defendants' motion for summary judgme...
2023.11.02 Demurrer 891
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.02
Excerpt: ...truction. The Complaint alleges causes of action for (1) disgorgement pursuant to Business and Professions Code section 7031, (2) intentional misrepresentation, (3) negligent misrepresentation, (4) violation of Consumers Legal Remedies Act, (5) unfair competition, (6) unjust enrichment, and (7) professional negligence. Sawaya now demurs to each of the causes of action of the Complaint. Plaintiff opposes. Discussion A. Procedural Issues As an init...
2023.11.01 Demurrer 602
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.11.01
Excerpt: ...Inc. (“CMI”) and Jong Uk Byun (“Byun”) (jointly, “Plaintiffs”) filed this action on February 6, 2023 against Defendants Hope YS Kim, Jason Kim, Young M. Kim, J&I Consulting, Inc. (“J&I Consulting”), and SA Recycling LLC (“SA Recycling”). The Complaint alleges causes of action for (1) breach of fiduciary duty, (2) fraud, (3) constructive fraud, (4) professional negligence, (5) violation of Business and Professions Code section ...
2023.10.31 Special Motion to Strike 629
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.31
Excerpt: ... (jointly, "Defendants"). On February 9, 2023, Janet Haywood ("Plaintiff") filed the operative First Amended Complaint ("FAC") in this action against Defendants, alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) conspiracy to commit fraud. In FAC, Plaintiff alleges that in 2017, she retained Stephen Cho to represent her in a lawsuit filed in the Los Angeles County Superior...
2023.10.25 Motion for Leave to Amend FAC 571
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.25
Excerpt: ...erranean Kitchen ("Saffron"), and Oren Loni. On May 16, 2023, Plaintiff filed the operative First Amended Complaint ("PAC"), alleging causes of action or (1) discrimination, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, and retaliation, (5) sexual harassment, (6) intentional infliction of emotional distress, (7) declaratory judgment, (8) wrongful termination in violation of public policy, and (9) failure to p...
2023.10.24 Motion to Compel Compliance with Alternative Dispute Resolution Provisions or for Appointment of Judicial Referee 791
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.24
Excerpt: ...DICIAL REFEREE; DEFENDANTS' AMENDED MOTION FOR STAY Background On November 14, 2022, Plaintiffs Xiang Hao Cui (“Cui”), for himself and derivatively on behalf of Nominal Defendant Stanford Plaza Association, Inc. (the “Association”), 800 East Pico Blvd, LLC, 808 East Pico Blvd, LLC, and Stanford Plaza Holdings, LLC (collectively, “Plaintiffs”) filed this action against Defendants Dae Yong Lee aka David Lee (“David Lee”), Hellen Lee...
2023.10.24 Motion for Summary Judgment, Adjudication 336
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.24
Excerpt: ...0 against Defendants Del Amo Hospital, Inc. (“Del Amo”) and Universal Health Services, Inc. On November 18, 2020, Plaintiff filed an amendment to the Complaint substituting UHS of Delaware, Inc. (“UHS of Delaware”) in place of “Doe 51.” On July 15, 2021, the Court “received” a First Amended Consolidated Complaint for Damages (“FACC”). On July 22, 2021, a Stipulation Regarding Consolidated Complaint and Order Thereupon (the “...
2023.10.24 Motion for Judicially Supervised Dissolution or to Appoint Appraiser 612
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.24
Excerpt: ...y Huerta (“Plaintiff”) filed this action against Defendants Michael Simms (“Simms”), Carmen Santillan (“Santillan”), Plant Ranch, Inc. (“Plant Ranch”), and Cena Kitchen, LLC (“Cena Kitchen”). Plaintiff filed the operative Third Amended Complaint (“TAC”) on August 29, 2023, alleging causes of action for (1) constructive fraud, (2) accounting, (3) conversion, (4) breach of the operating agreement, (5) breach of fiduciary dut...
2023.10.23 Motion for Leave to File TACC, for Bifurcation 382
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.23
Excerpt: ... OF R&R MASONRY, INC.'S CALIFORNIA CONTRACTOR'S LICENSE (B&P CODE § 7031(e) AND CCP §§ 597 and 598) AND RELATED CROSS-ACTIONS Background On June 7, 2021, Plaintiff R&R Masonry (“R&R”) filed this action against Defendants H.A. Lewis, Inc. (“H.A. Lewis”), Los Angeles Unified School District (the “District”), and U.S. Specialty Insurance Company. The Complaint alleges causes of action for (1) breach of contract, (2) quantum meruit, (3...
2023.10.23 Demurrer to TAC 561
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.23
Excerpt: ... a First Amended Complaint on February 10, 2022. On June 3, 2022, the Court issued an Order sustaining the County's demurrer to the First Amended Complaint in its entirety, with leave to amend. Plaintiff a Second Amended Complaint (“SAC”) on June 22, 2022. The SAC asserted causes of action for (1) discrimination, harassment, and retaliation in violation of FEHA, (2) failure to accommodate in violation of FEHA, (3) failure to engage in the int...
2023.10.19 OSC Re Preliminary Injunction 953
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.19
Excerpt: ...ation (“Defendant”). The Complaint asserts causes of action for (1) violation of Civil Code section 2923.55 and (2) violation of Business and Professions Code section 17200 et seq. In the Complaint, Plaintiff alleges that at all relevant times, she owned the property located at 637 E 29th Street, Los Angeles CA 90011. (Compl., ¶ 7.) Plaintiff alleges that “[i]n mid-2015, a fire virtually destroyed most of the Property and left it in severe...
2023.10.17 Anti-SLAPP Motion 510
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.17
Excerpt: ... Robert Lee, an individual dba Landpac Properties. JC 2020 filed the operative First Amended Complaint (“FAC”) on July 27, 2022, asserting causes of action for (1) breach of written contract, (2) promissory estoppel, (3) fraudulent concealment, (4) fraudulent misrepresentation, and (5) fraudulent transfer. On July 20, 2022, Robert Lee (“Lee”) and New Hampshire BBL filed a Cross-Complaint against Cross-Defendants J.C. 2020, Jeannie Yoon (�...
2023.10.16 Motion to Quash for Lack of Jurisdiction 805
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.16
Excerpt: ...ix.Com. The Complaint alleges causes of action for (1) “California Unauthorized Access to Computer Data Act,” (2) “California Invasion of Privacy Act,” (3) “California Invasion of Privacy,” (4) “intrusion upon seclusion,” and (5) “publication of private information.” In the Complaint, Plaintiff alleges that “Defendant has secretly installed spyware on its website at www.ringlogix.com to de-anonymize and ‘dox' every visitor...
2023.10.16 Motion for Terminating Sanctions 630
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.16
Excerpt: ...em Clarence Tate (“Plaintiff”) filed this action on March 5, 2015 against, among other defendants, Defendant FCA US LLC (“FCA”). The Complaint alleges causes of action for (1) strict product liability, and (2) negligence product liability. The case arises out of a car accident involving a 1998 Dodge Caravan and an airbag that did not deploy. FCA now moves “for an Order imposing a terminating sanction pursuant to California Code of Civil...
2023.10.16 Motion for Attorney Fees 811
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.16
Excerpt: ...otors, LLC (“GM”). The Complaint alleges causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, (4) breach of express written warranty, and (5) breach of the implied warranty of merchantability. Plaintiff indicates that on March 20, 2023, the parties entered into a “Settlement Agreemen...
2023.10.16 Demurrer, Motion to Strike 441
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.16
Excerpt: ...and Tomas Hermanek, a Minor, by and through his Guardian Ad Litem, Tea Hermankova (jointly, “Plaintiffs”) filed this action on April 27, 2023 against Defendants Runway Sub Reit, LLC (“Runway”) and Bozzuto Management Company. The Complaint alleges causes of action for (1) breach of lease, (2) breach of implied covenant of habitability, (3) trespass, (4) negligence, (5) breach of covenant of quiet enjoyment, (6) maintenance of nuisance, (7)...
2023.10.13 Motion to Compel Arbitration and Stay Action, Petition to Compel Arbitration 722
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.13
Excerpt: ...endants Atlantic Solutions Group Inc., doing business as Empire Workforce Solutions and Adam Kidan. The Complaint alleges causes of action for (1) declaratory relief-arbitration, (2) declaratory relief – recusal of counsel, (3) declaratory relief – profit share, (4) accounting, (5) wages, (6) wrongful termination, (7) vacation pay, and (8) unfair business practices. In the Complaint, Plaintiff alleges that “as of September 30, 2020, Defenda...
2023.10.13 Demurrer 005
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.13
Excerpt: ...ne Fuqua in the total amount of $1,100,000. Each loan was documented in the form of a written and executed Promissory Note. Defendant allegedly made no payments on the notes. Accordingly, Plaintiff brings eighteen causes of action for breach of promissory note (one for each note), and a nineteenth cause of action for accounting. Defendant Fuqua has filed a Cross-Complaint against Plaintiff Morgan Creek for rescission. Cross- Complainant alleges t...
2023.10.12 Motion for Summary Judgment, Adjudication 730
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.12
Excerpt: ...n on October 20, 2021 against Defendants Air Tiger Express (USA) Inc. (“ATE”) and Matthew Tran (“Tran”) (jointly, “Defendants”). The Complaint alleges causes of action for (1) discrimination on the basis of age, (2) harassment, (3) retaliation, (4) failure to prevent discrimination, harassment, or retaliation, and (5) wrongful termination in violation of public policy. Defendants now move for summary judgment or, in the alternative, s...
2023.10.10 Motion to Tax Costs 622
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.10
Excerpt: ...or Tele Services, LLC, and Home Health Marketing Enterprises, Inc. Plaintiff filed the operative First Amended Complaint in this action on July 8, 2019, asserting causes of action for (1) breach of contract, (2) intentional misrepresentation, and (3) negligent misrepresentation. On April 3, 2023, a “Judgment After Trial” was entered in this action. The Judgment provides that “[t]he above captioned matter having regularly come on for trial o...
2023.10.10 Motion to Compel Further Responses 466
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.10
Excerpt: ...�) filed this action on May 2, 2022 against Defendant General Motors, LLC (“GM”). The Complaint alleges causes of action for (1) violation of subdivision (d) of Civil Code section 1793.2, (2) violation of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (a)(3) of Civil Code section 1793.2, (4) breach of express written warranty, and (5) breach of the implied warranty of merchantability. In the Complaint, Plaintiffs a...
2023.10.09 Motion to Consolidate 629
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.09
Excerpt: ...Recovery Concepts (jointly, “Defendants”). On February 9, 2023, Haywood filed the operative FAC in this action against Defendants, alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) conspiracy to commit fraud. On September 10, 2020, Creative Recovery Concepts, Inc. filed an action entitled Creative Recovery Concepts, Inc. v. 8424 Western Plaza, LLC, et al., Case No. 20S...
2023.10.09 Motion to Compel Return of Transferred Funds 928
Location: Los Angeles
Judge: Treu, Rolf
Hearing Date: 2023.10.09
Excerpt: ...iff Douglas A. Bagby (“Plaintiff”) filed this action on December 22, 2022 against Defendant Joseph Daniel Davis (“Joseph Davis”). Plaintiff filed the operative Second Amended Complaint (“SAC”) on August 31, 2023 [1] against Joseph Davis, Hilary Davis, and Randi Desnoes. The SAC alleges causes of action for (1) “perjury by Defendants Joseph D. Davis and Hilary Davis Regarding the Transfer of Title of the Ketchum Home to Hilary Davis,...

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