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Location: Los Angeles x
Judge: Treu, Rolf x
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 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 ...
2023.11.09 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...
2023.11.08 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 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 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 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...

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