Excerpt: ...mplaint alleges the following causes of action: 1. Breach of Contract; 2. Failure to Pay Wages (Lab. Code, §§ 202, 203, 558); 3. Failure to Pay all Wages at Time of Termination of Employment (Lab. Code, §§ 201, 202, 203, 227.3, 558); and 4. Unfair Competition (Bus. And Prof. Code, § 17200, et seq.) Defendant now moves for summary judgment, or, in the alternative, summary adjudication. An opposition and reply have been filed and considered. I...

Excerpt: ... Paul filed her Complaint for Declaratory Relief. On September 14, 2023, Defendant Gurmit Paul filed his Demurrer to the Complaint. Plaintiff did not oppose the Demurrer. On October 5, 2023, Defendant Gurmit Paul filed his Reply in support of his Demurrer, noting that Plaintiff did not oppose the Demurrer. On October 12, 2023, the Court held a hearing on the Demurrer. There was no appearance by or for Plaintiff at the hearing, nor any communicati...

Excerpt: ...TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE) MOTION FOR ORDER ESTABLISHING ADMISSIONS TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) AGAINST MERCEDES -BENZ USA, LLC MOVING PARTY: Plaintiff Christina Gozy RESPONDING PARTY: Defendant Mercedes-Benz USA, LLC I. INTRODUCTION On March 29, 2024, Plaintiff, Christina Gozy, filed these motions to compel Defendant, Mercedes- Benz USA, LLC, to provide responses to Plaintiff's First Set of Form Interro...

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Excerpt: ...al Interrogatories (Set No. One) (2) Motion to Compel Plaintiff to Respond Further to Request for Production (Set No. One) The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond further to Form Interrogatories, Nos. 6.7 and 9.1, Special Interrogatories, Nos. 9 -11, 13- 32, 34-40, and 50- 54, and Request for Production of Documents, Nos. 1- 51, within twenty days. The Court ...

Excerpt: ...provide security at the store and that on May 10, 2020, Baskin allegedly failed to do so and thieves made off with t he store's wares. Baskin filed this motion to compel on March 7, 2024. It is unopposed. (4/25/24 Non-Opposition.) Before the Court is Baskin's motion for an order compelling response to Requests for Production of Documents, Set One. Because the evidence shows Plaintiff failed to respond, the motion is granted. II. LEGAL STANDARD �...

Excerpt: ... and Does 1 to 20 for injuries arising from a motor vehicle collision. Trial is currently set for May 28, 2024. On April 9, 2024, the City of Los Angeles (“Defendant”) filed the instant motion to continue the trial date and all related dates by 90 days. As of April 25, 2024, no opposition has been filed. II. MOTION TO CONTINUE TRIAL 1. Legal Standard Although continuances of trials are disfavored, each request for a continuance must be consid...

Excerpt: ...RELIMINARY COMMENT: Although Defendant's Opposition was filed late, the Court will still consider it. BACKGROUND: On December 21, 2022, Plaintiffs Willie L. Fair and Julie Fair filed their Complaint against Defendants BMW of North America, LLC and Sai Monrovia B, Inc. (d.b.a. BMW of Monrovia) on causes of action arising from the Song- Beverly Consumer Warranty Act. On March 18, 2024, by request of Plaintiffs, the Court dismissed with prejudice th...

Excerpt: ...ion to compel arbitration. Defendant appealed the order, and the case was stayed accordingly. On April 4, 2024, Plaintiff filed the instant motion to lift the stay pending appeal. Defendant filed its opposition on April 25, 2024. Plaintiff filed her reply on May 1, 2024. DISCUSSION I. Automatic Stay Under Code of Civil Procedure section 916(a), “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed...

Excerpt: ... TO CEREBRAL INC.; (4) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MILLENIUM MEDICAL ASSOCIATES, INC.; AND (5) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MEMORIALCARE Date: May 8, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Darletha Matthews RESPONDING PARTY: Defendant The Regents of the University of California (erroneously sued as “University of California” and “UCLA Medical Center”) The Court has ...

Excerpt: ...d-party Capital One RULING : Motion is denied. SUMMARY OF ACTION Plaintiffs Abel Gonzalez, Albert Gonzalez, Jr., and Albert Gonzalez (Plaintiffs) were shareholders of Pueblo Restaurant, Inc., with Defendant Daniel Torres (Defendant). Plaintiffs have alleged that Defendant took control of the business and paid out funds to himself and failed to pay the other shareholders. Plaintiffs discovered that Defendant submitted, approved, and authorized cre...

Excerpt: ...efault Judgment, if Entered The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Cristina Amado Loomis (“Defendant”) moves the court for an order setting aside her default, entered by the clerk on February 16, 2023, on the First Amended Complaint filed by plaintiff Chris Loomis (“Plaintiff”), pursuant to (1) Code of Civil Pro cedure section 473, (2) Co...

Excerpt: ...Choi (“Defendant”\ ), Boston Asset Management, LLC, Specman Corporation, and Boston Pomello Property,\ LLC. On May 17, 2022, Plaintiff filed a First Amended Complaint which added Hea Holdings Co., Ltd. as a plaintiff. On May 27, 2022, a request for dismissal was filed and the clerk dismissed the action with prejudice. On March 13, 2024, Plaintiff filed this motion to set aside the dismissa\ l with prejudice on the grounds that the request for...

Excerpt: ...Defendants violated HBOR by failing to contact Plaintiffs thirty days or more before recording a notice of default in order to discuss Plaintiffs' financial situation and explore ways to avoid foreclosure. On November 8, 2018, Plaintiffs filed he operative First Amended Complaint (“FAC”) alleging causes of action for (1) violation of Civ. Code § 2923.5, (2) accounting, (3) negligence, and (4) violations of the UCL. Demurrer Defendants demur ...

Excerpt: ... Time: 8:30 a.m. Dept. 56 AND RELATED CROSS-ACTION MOVING PARTY: Cross -Defendant Certain Underwriters at Lloyd's of London (“Underwriters”) RESPONDING PARTY: Cross -Complainant Caring Heart In -Home Care Services (“CH”) The Court has considered the moving papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home -care providers. Plaintiff's complaint (the “Complaint”) alleges claims for: (1) breach of contract...

Excerpt: ...pyre Cosmetics, LLC (the “Company”); Rachel Boese aka Rachel Clinesmith (“Defendant” or “Boese”); and Lisa Malcolm (“Malcolm”): [2] Plaintiff, the COO, and Defendant, founder, have a 37.5% interest in the Company and Malcolm (now resigned) has a 25% interest in the Company. Since joining in 2022, Plaintiff, amongst other actions and responsibilities, made personal loans to the Company, created products, and allowed Defendants to u...

Excerpt: ...C”) against Defendants Daimler Trucks North America, LLC, a Delaware Limited Liability Company; XPO Logistics, LLC, a Delaware Limited Liability Company; American Alliance Logistics, Inc., a California Corporation; Popo Trucking, Inc. a California Corporation; GC Global Trucking, Inc. a California Corporation; Action Logistics, Inc., a California Corporation; Liang Ye, an individual; Ra n Gao, an Individual; Werner Enterprises, Inc. a Nebraska ...

Excerpt: ...nc. dba Whole Foods Market as a “grocery team member.” Plaintiff suffers from epilepsy as well as learning impediments thereby impacting the uptake in lea rning new tasks. The inability to complete job assignments within the assigned work shift and disinclination to paying overtime led to written reprimand of Plaintiff. Notwithstanding requests for additional time or assistance from coworkers, no such accommodation was made. Defendant was ter...

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Excerpt: ...es The court has considered the moving papers. No opposition papers were filed. The motions to compel responses are granted. Background This is an action that arises from the alleged failure to pay monies owed pursuant to a contract for renovating a property located at 901 East 12th Street, Los Angeles, CA 90021 (the “Property”). On May 11, 2021, Plaintiff Fire Guard Corporation dba Builtr ight Engineering and Construction (“Plaintiff”) f...

Excerpt: ...tiff Jan Robertson is a former employee of Defendants Guitar Center, Inc., and GTRC Services, Inc., who alleges she suffered from disabilities including PTSD, an anxiety disorder, major depression, and symptoms related to anxiety and depression. Plaintiff further alleges Defendants terminated her employment while on medical leave. Plaintiff now moves to quash the deposition subpoena seeking employment records from her subsequent employers (1) Juv...

Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...

Excerpt: ...d Lisa Konorosky, individually RELIEF REQUESTED Defendants are requesting that the Court compel the case to arbitration and stay the action. RULING : Petition is denied without prejudice due to lack of evidentiary support. Alternatively, the petition is denied because Defendants have failed to demonstrate that an agreement exists. SUMMARY OF ACTION Plaintiffs filed this action against Defendants on October 24, 2023. Individual Plaintiffs are the ...

Excerpt: ...y the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971 -972 [“California law incorporates many of the basic policy objectives contained in th...

Excerpt: ...fendants Nirav J. Shah, M.D., Nirav J. Shah, M.D., a Professional Medical Corporation, and Providence Cedars -Sinai Tarzana Medical Center for medical malpractice. Plaintiff alleges Defendants negligently and carelessly performed hip replacement surgery on Plaintiff . [TENTATIVE] RULING Defendant's Motion to Compel Responses to Form Interrogatories (Set One) Propounded on Plaintiff is GRANTED. Defendant's Motion to Compel Responses to Special Int...