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: ...iff Solutech Pharmaceuticals, LLC CASE HISTORY: • 02/19/19: Complaint filed [lead case]. • 03/04/19: Cross-Complaint filed [lead case]. • 03/15/19: First Amended Complaint filed [lead case]. • 04/25/19: First Amended Cross-Complaint filed by Blaine Laboratories as to Paul Edalat et al. [lead case]. • 05/10/19: Second Amended Complaint filed [lead case]. • 06/05/19: Complaint filed [19STCV19489]. • 09/24/19: Cross-Complaint filed by ...

Excerpt: ... and Karen Betancur 's demurrer without leave to amend. The court has read and considered the moving papers and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner Richter filed the Petition against Respondents and Real Parties -in -Interest Ariela Lousky (“Lousky”) and Universal Home Design, Inc. (“Design”) on October 17, 2023, alleging (1) traditional mandamu...

Excerpt: ...Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Undisputed Material Facts 3. Declaration of Lauren Kutasi REPLY PAPERS: 1. Reply in Support of Motion for Summary Adjudication 2. Evidentiary Objections BACKGROUND Plaintiff Lauren Kutasi (“Plaintiff”) filed a First Amended Complaint (“FAC”) alleging causes of action for (1) Tortuous [sic] Bre...

Excerpt: ...considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court declines to rule on defendant AIDS Healthcare Foundation's evidentiary objections, filed on May 2, 2024, because those objections are directed to evidence that is not material to the court's disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).) REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcar...

Excerpt: ... Devin Davis (collectively, “Responding Plaintiffs”). In the alternative, Defendants request summary adjudication. The Court DENIES Defendants' motion for summary judgment. The Court DENIES Defendants' motion for summary adjudication. Background This is a landlord- tenant case. Danielle Diab, Harley Lally, Devin Davis, Karin Neuman, Laura Ramanei, and Claire Johnson (collectively, “Plaintiffs”) are tenants at real property located at 201 ...

Excerpt: ..."Plaintiff') filed this action against defendants County of Los Angeles ("the County"), City of Los Angeles ("the City"), Richard Ho ("Ho"), and Does 1 to 50 for damages arising from a trip and fall over an uneven and raised sidewalk. Plaintiff alleges that on December 20, 2020, he was riding his bicycle on the sidewalk of Tulsa Street when he tripped and fell on a part ofthe sidewalk located at 16854 Tulsa Street, Granada Hills, CA 91344. Plaint...

Excerpt: ...C (Bravery, LLC). On 8/17/2021, Baker and Bravery, LLC filed a cross -complaint (XC) against BMI and Erika Stallings, alleging: (1) declaratory judgment; (2) declaratory judgment; (3) breach of contract; (4) breach of fiduciary duty; (5) constructive fraud; (6) intentional infliction of emotional distress; and (7) fraudulent inducement On 2/23/2024, Adam Bravery, LLC (Bravery) moves for summary judgment. Discussion Bravery contends that there are...

Excerpt: ...iff's third and fourth causes of action is GRANTED. Background On December 15, 2022, Plaintiff Ana Gonzalez (“Plaintiff”) filed this employment action against Defendants The Regents of the University of California (“the Regents”) and Frederick Bush (“Bush”) alleging the following causes of action: C/A 1: Discrimination Based on Gender [Gov. Code § 12940(a)] against the Regents C/A 2: Discrimination Based on Race [Gov. Code § 12940(a...

Excerpt: ... (jointly, "Plaintiffs') filed this action against Defendants SMA Advisors LLC and Sulaiman Muhammad. The Complaint alleges causes of action for (1) breach of contract and (2) professional negligence. SM Advisors LLC and Sulaiman Muhammad (jointly, "Defendants") now move for an order granting summary judgment in their favor and against Plaintiffs on Plaintiffs' Complaint In the alternative, Defendants seek an order summarily adjudicating certain ...

Excerpt: ...opez. On February 14, 2024, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. Defendants did not file any oppositions. REQUEST FOR JUDICIAL NOTICE Plaintiff's request for judicial notice of Debtor's Motion for Voluntary Dismissal of Chapter 13 Case filed in the United States Bankruptcy Court for the Central District of California – Riverside Division, In Re Yoel Lopez and Lucia Yaneisis Ruizaday, Debtor...

Excerpt: ...ed to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is a lemon law matter. On November 24, 2020, the Court compelled this matter to arbitration. Since that time, Plaintiff Vladimir Ouzdin did not initiate arbitration. Plaintiff now seeks reconsideration of the Court's November 24, 2020, arbitration order on the basis of new law that indicates that a non-signatory manufacturer like BMW of North America, LLC cann...

Excerpt: ...es 2. Declaration of Simon Yoon 3. Declaration of Glenn Rothner 4. Declaration of James P. Hart, Jr. 5. Declaration of Young Ok Bae 6. Appendix of Exhibits 7. Separate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Manuel D. Balam 3. Documentary Evidence in Support of Plaintiff's Opposition 4. Separate Statement of ...

Excerpt: ... an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” (Code Civ. Proc., § 1030(a).) The plaintiff, however, will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding.” (...

Excerpt: .... Section 187 states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exerci se of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit ...

Excerpt: ... Vilchis BACKGROUND On May 10, 2023, Plaintiff Nicholas Vilchis filed a complaint against Defendants Michelle Karasick, Matthew Vasquez, Socal Self Storage -Colorado Boulevard LP (“SSS- COLORADO”), Socal Self Storage LLC (“SSS”), and On The Move Inc. for 1. Negligence/Negligenc e Per-Se; 2. Premises Liability; and 3. Negligent Hiring, Retention & Supervision. Plaintiff alleges while in a parking lot owned and operated by SSS and SSS- Cola...

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: ...ePackitAll, LLC; the matter is stayed pending resolution of arbitration. In this employment action, Plaintiff Elia Herrera (Plaintiff) filed a Complaint on February 7, 2024, alleging disability discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, and retaliation, as well as wrongful termination in violation of public policy, and other claims against her former employers, Defendants WePackitAl...

Excerpt: ...go to higher-ups after discovering Defendant allegedly used fraudulent or inaccurate data in his research. Plaintif f further alleges she was terminated or non- renewed after making these complaints. Defendants now move for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendants' Motion to Compel Arbitration is GRANTED. The action is stayed pending the results of the a...

Excerpt: ...n in Violation of Government Code §§ 12940, et seq .; (4) Failure to Provide Reasonable Accommodations in Violation of Government Code §§ 12940, et seq.; (5) Failure to Engage in a Good Faith Interactive Process in Violation of Government Code §§ 12940, et seq .; (6) Wrongful Termination in Violation of Public Policy; and (7) Failure to Permit Inspection of Personnel and Payroll Records (Labor Code § 1198.5). On December 26, 2023, Defendan...

Excerpt: ..., they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On July 28, 2021, Plaintiff Jeremy Pfau filed the operative Complaint against Defendants Riko Wiemer International, LLC and Riko Wiemer (actually spelled “Weimer”) for (1) violation of Labor Code §§ 1182.12, 1194, 1197, 1197.1, and 1198 (Unpaid Wages); (2) violation of Labor Code §§ 226.7 and 1198 (Failure to Authorize and Permit...

Excerpt: ...(“UBE”) alleges that its former Director of Operations, Defendant Joice Yuliani, created the company Defendant Prime Machining, LLC, with her husband, Defendant Panji Budiman. Defendant Yuliani then used her position within UBE to fast- track the sale of equipment from Prime Machining to UBE, without UBE's knowledge of Defendant's interest in Prime Machining. Prime has cross -complained against UBE for the alleged failure to pay for goods rec...

Excerpt: ...3. Secrum filed an answer to the complaint on 9/21/23. LBHC filed a demurrer and motion to strike on 9/21/23. Prior to the hearing on the demurrer, Plaintiffs filed their operative First Amended Complaint on 1/26/24. Secrom filed its answer on 2/28/24, and LBHC filed a demurrer and motion to strike on 3/28/24; the pleading challenge is scheduled for hearing on 10/22/24. 2. Motion to Compel Arbitration and Stay Action Pending Outcome of Arbitratio...

Excerpt: ...en's socks in the United States and internationally via online services such as Amazon.com without Miri's consent. On August 22, 2022, Miri filed a complaint, asserting causes of action against TSI, Bok, TJ International, Taijin and DOES 1 -100 for: 1. Trademark Infringement Under 15 U.S.C. § 1114(1) 2. False Designation of Origin Under 15 U.S.C. § 1125(a) 3. Unfair Competition Under Bus. & Prof. Code §§ 17200 et seq. 4. Common Law Trademark ...

Excerpt: ...on in Violation of Public Policy · 9th Cause of Action: Discrimination in Violation of Government Code section 12940, et. seq. · 11 th Cause of Action: Breach of Covenant of Good Faith and Fair Dealing · 14 th Cause of Action: Workplace Harassment Motion to Strike New Allegations · “Status and Demand for Justice” page 3 -4 · “Summary” page 4 -10; o Exhibits 1 through 5 found on page 74 to 96 · Sixth Cause of Action · Seventh Cause ...

Excerpt: ...umer Credit Reporting Agencies Act (“CCRAA”) against Experian Information Services, Inc. (“Defendant”). On March 19, 2024, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed an opposition on March 25, 2024 and Defendant replied on May 2, 2024. Discussion Allegations in the Complaint The Complaint alleges that Plaintiff is a consumer and Defendant is a consumer credit reporting agency as defined by Cal. Civ. Code § 178...

Excerpt: ... strike portions of the Complaint. The Court SUSTAINS the demurrer WITH LEAVE TO AMEND. Plaintiffs must amend within 20 days. Background This is a landlord- tenant case. The following facts are taken from the allegations in the Complaint. On April 9, 2021, Plaintiffs Nasser Eshraghi and Khashayar Eshragi (collectively, the “Eshraghis”) leased an apartment located at 600 S. Spring Street (the “Property”), Unit 703, Los Angeles, California,...

Excerpt: ...ntrol RULING : The Court overrules in part and sustains in part. The Court overrules the demurrer as to the Negligence and Premises Liability causes of action. However, the Court sustains with leave to amend the demurrer as to the Negligent Exercise of Retained Control c ause of action. Plaintiff has 20 days to file the First Amended Complaint. SUMMARY OF ACTION On September 28, 2023, Plaintiff Richard Wander (“Plaintiff”) filed the Complaint...

Excerpt: ...ses. From the beginning of the school year in fall of 2002, BARRETT began to sexually groom Plaintiff while she was in his class at BMS. His conduct included, but was not limited to, the following: BARRETT rubbed his fingers through Plaintiff's hair, repeatedly said to Plaintiff, ‘You're so cute,' repeatedly told Plaintiff that he wanted to take her picture, made a music CD containing love songs that were sexual in nature, and repeatedly asked ...

Excerpt: ...with leave to amend. Defendant's demurrer to the First Amended Complaint's seventh cause of action for wrongful termination is MOOT. Defendants' motion to strike is GRANTED. I. BACKGROUND On November 9, 2023, Plaintiff Lester Jimenez (“Plaintiff”) filed this employment action against Defendants Whole Foods Market, Inc.; Whole Foods Market California, Inc.; Mrs. Gooch's Natural Food Markets, Inc.; Wild Oats Marketing, LLC; and John Kirkpatri c...

Excerpt: ...nd Jennie Kizito NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 2923.5 2. Violation of Civil Code 2924.9 3. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 4. Cancellation of Written Instruments – Civil Code 3412 5. Breach of Contract RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of non-judici...

Excerpt: ...s and then entered into subcontracts with SCEI and its assignor InScope Innovation, Inc. (“InScope”). Alliance filed a Cross-Complaint against SCEI for breaches of contract. After the Court sustained a demurrer with leave to amend, Alliance filed a First Amended Cross -Complaint (FACC) for breaches of subcontract agreements it had with SCEI and InScope. SCE I demurs to the FACC and Alliance opposes the demurrer. LEGAL STANDARD Demurrers are t...

Excerpt: ...aintiff) business entity previously filed suit agamst Defendant City National Bank, N.A„ alleging (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discrimmating against it three times in five years for exercising its "freedom of speech" by "making a complaint about bein...

Excerpt: ...AL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Melendez -Murillo developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Plaintiffs move for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiffs' Motion for Leave to File First Amended Complaint is GRANTED conditioned on the revision...

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

Excerpt: ...h Causes of Action. The Court GRANTS the motion to strike paragraph 2 of Lo's prayer for relief and paragraph 2 of Chang's prayer for relief with leave to amend, but DENIES the motion to strike paragraph 77 and paragraph 2 of Wang's prayer for relief. Cross -Complainants must file and serve an amended cross -complaint within 20 days of the Court's order. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this o...

Excerpt: ...evens Defendants' demurrer is sustained with leave to amend. The motion to strike is denied as moot. Plaintiffs are granted 30 days leave to amend. Defendants to give notice. BACKGROUND O n November 15, 2019, Sean Michaels (“Michaels”) and PB Consulting, LLC (collectively “Plaintiffs”) filed a Complaint against Christopher M. Stevens; the Law Office of Christopher M. Stevens (collectively “Stevens”); LKP Global Law (“LKP”) and Doe...

Excerpt: ...3, Plaintiffs Juan Carlos Antonio and Belen Solano filed a complaint against Defendants Martha Mejia Campos and Cristine Annete Mejia Johnson for Violation Rent Stabilization Ordinance, Breach of the Covenant of Good Faith and Fair Dealing , Unlawful and Unfair Business Practices in Violation of Business and Professions Code §17200, and Implied Warranty of Habitability. The parties entered into a rental agreement. Plaintiffs allege the unit they...

Excerpt: ...on arises out of Plaintiff Cam Luu's (Plaintiff) employment as a non- exempt employee with Defendants JV Property Management & Brokerage, Inc. (JVPM) and Noble Property Services, LLC (NPS) (collectively, Defendants) as an hourly leasing agent and concierge from approximately May 2021 until February 2022. (Complaint ¶1). On 3/2/22, Plaintiff gave written notice to the Labor Workforce and Development Agency (LWDA) and to Defendants of Plaintiff's ...

Excerpt: ...; Zou was named as its Director, CEO and CFO, while Cui was named as its Secretary. On August 29, 2020, Qian Yu (“Yu”) visited Zou/Cui 's house, during which time an oral agreement was entered into wherein Yu would become a 20% shareholder of CC Express for a $10,000.00 investment and Zou/Cui were to remain equal, majority shareholders with 40% each of the remaining shares. On September 4, 2020, CC Express received Yu's $10,000 investment. On...

Excerpt: ...st Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff was terminated by the Los Angeles Police Department following a Board of Rights hearing regarding misconduct by Plaintiff. Plaintiff alleges that her termination was in retaliation for whistleblowing regarding misconduct of other police officers . Plaintiff moves for discovery of peace officer personnel records pursuant to Evidence Code section 1043. TENTATIVE R...

Excerpt: ...I. Background A. Relevant Procedural History On August 25, 2022, Plaintiff Danny Bakewell, Sr. served a deposition notice on Defendant OneUnited Bank's General Counsel, Robert Cooper. On March 13, 2023, Plaintiff again served a deposition notice on Robert Cooper. On March 28, 2023, Plaintiff again served a deposition notice on Robert Cooper. On May 11, 2023, Plaintiff again served a deposition notice on Robert Cooper. On May 12, 2023, defense cou...

Excerpt: ...sition. On May 2, 2024, Plaintiff filed a reply. Allegations of the Operative FAC The FAC alleges that: Plaintiff is the owner of a condominium unit located at 136 South Clark Drive, Unit 5, Los Angeles, CA and by virtue of said ownership is a member/shareholder of the Clark Drive Homeowners Association. FAC ¶ 1. Defendant is a common interest homeowner association that oversee real property development consisting of 8 individual condominium uni...

Excerpt: ...3. Secrum filed an answer to the complaint on 9/21/23. LBHC filed a demurrer and motion to strike on 9/21/23. Prior to the hearing on the demurrer, Plaintiffs filed their operative First Amended Complaint on 1/26/24. Secrom filed its answer on 2/28/24, and LBHC filed a demurrer and motion to strike on 3/28/24; the pleading challenge is scheduled for hearing on 10/22/24. 2. Motion to Compel Arbitration and Stay Action Pending Outcome of Arbitratio...

Excerpt: ...ning, supervision and retention causes of action arising from a physical altercation that took place on October 6, 2018. On April 17, 2024, filed this motion to bifurcate. No opposition has been filed. Legal Standard “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … or of any separate issue or of any number o...

Excerpt: ...roquin, to provide responses to Plaintiff's Requests for Production of Documents, Set One. While the motion was pending, Defendant served responses which i ncluded objections. Neither party apprised the court that responses had been served. On November 30, 2023, the court granted Plaintiff's motion to compel. The court ordered Defendant to provide objection-free responses within 30 days of the date of the court's order. Thereafter, Plaintiff inqu...

Excerpt: ... First Amended Complaint (“FAC”) filed by Plaintiff Mario Vasquez Gallegos (“Plaintiff”). The Court GRANTS Defendant's motion to strike WITHOUT LEAVE TO AMEND. Background This action concerns Plaintiff's employment relationship with Defendant. The following facts are taken from the allegations in the FAC. Defendant hired Plaintiff as a cook on September 21, 2012. On June 26, 2020, Plaintiff tested positive for Covid -19. Around June 28, 2...

Excerpt: ... RULING The motion is GRANTED. The default entered on September 1, 2022 and the default judgment entered on February 23, 2023 are set aside and vacated. Defendant is ordered to file a responsive pleading forthwith. BACKGROUND On June 22, 2022, plaintiff Aspire General Insurance Company filed a automobile subrogation complaint against Ronald McEwan for $29,418. On September 1, 2022, a default was entered against defendant. On February 23, 2023, a ...

Excerpt: ...rred fees and fines from Defendants' alleged illegal and unlicensed activity on the property). [1] On August 29, 2023, default was entered against Edward. On November 30, 2023, default was entered against Reyna. On February 27, 2024, Edward filed the instant motion. [2] On March 11, 2024, Blaney filed his answer. On April 25, 2024, Plaintiff filed its opposition. Legal Standard Edward brings forth the motion pursuant to CCP Section 473(b). Under ...

Excerpt: ...On November 13, 2023, Defendant served a notice of deposition of Plaintiff set for December 18, 2023. (Lee Decl., ¶1, Exh. 1.) In response, on December 13, 2023, Plaintiff served an objection to the notice of deposition. (Id. at ¶2, Exh. 2.) On December 15, 2023, Defendant's contacted Plaintiff's counsel requesting dates when Plaintiff was available. No response was received. (Id. at ¶3, Exh. 3.) On December 21, 2023, defense counsel contacted...

Excerpt: ...rom Civil Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION On September 29, 2023, the court issued an order granting the ex parte application filed by plaintiff Aysia A. Rowe (“Rowe”) and ordering that (1) this unlimited civil action filed by Rowe (Case No. 23STCV14562) (the “Civil Action”) and the limited civil a ction for unlawful detainer filed by defenda...

Excerpt: ...r Park Properties, LLC (Los Angeles Superior Court Case No. BC339033) (“Original Action”). Plaintiff is the assignee of KGMAC, LLC. Dickens and Victor Noval Sr. (“Noval Sr.”) were managing members of Tower Park when judgment was entered in the Original Action. In 2008 Dickens and Noval Sr. filed for Chapter 11 bankruptcy protection for Tower Park. One of Tower Park's assets is the “Mountain,” 157 acres in Beverly Hills. With the Mount...

Excerpt: ...NTS Plaintiff leave to file the Second Amended Complaint (“SAC”) which Plaintiff has previously submitted to the Court. Background Plaintiff filed this action on April 30, 2024, raising claims for (1) discriminatory practices in public accommodations; and (2) violation of the Unruh Civil Rights Act, Civil Code, section 51. Defendants moved to strike the Complaint on January 17, 2024, contending that the Complaint must be verified because it a...

Excerpt: ...(S) : Defendant/Cross-Complainant Jean Pierre Christopher Murray CASE HISTORY: • 07/17/15: Complaint filed (lead case) in San Diego • 09/11/15: Complaint filed (second case). • 04/11/16: Lead case transferred to Los Angeles. • 06/13/16: Cross-Complaint filed in lead case. • 02/29/19: Cases ordered consolidated. BC616434 designated as lead case. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: These are cross -actions arising from a dispu...

Excerpt: ...16, 2024, Plaintiff, FNNP Investments, LLC (“Plaintiff”) filed an Unlawful Detainer Complaint against Defendants, Bryce Egbert, Taisiia Popova, and DOES 1 through 5. The Complaint is based on the allegations that Plaintiff is the owner of a single family residential real property at 868 5th St., Manhattan Beach, CA (“Premises”) where Defendants, Bryce Egbert and Taisiia Popova were leasing the Premises. Plaintiff alleges that since Septem...

Excerpt: ...ff”) filed this action against Defendant BMW of North America, LLC (“Defendant”) on February 2, 2021. The Complaint alleges causes of action for: (1) Violation of Song - Beverly Act – Breach of Express Warranty; (2) Violation o f Song-Beverly Act – Breach of Implied Warranty; (3) Violation of the Song -Beverly Act § 1793.2; and (4) Violation of the Song -Beverly Act § 1793.22 – Tanner Consumer Protection Act . This case proceeded to...

Excerpt: ...defendant Schwarz. Defendant alleges she vacated the premises from 2/12/23-4/23 due to mold, water and fire damage at the property. Schwarz decl., para. 3. Defendant was allegedly substitute served on 5/20/23. Per the process server Alpisa, a Jane Doe was served. Defendant Schwarz alleges she was in Cannes, France at that time (5/14/23-5/23/23) and had no co- occupants. Schwarz decl., para. 5. Defendant argues the proof of service is false, as sh...

Excerpt: ...otice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On February 7, 2023, a jury entered verdicts in favor of Plaintiffs DONE! Ventures, LLC (“Done!”) and Coastal Laundromat, Inc. (“Coastal”), and against Defendants Jerry Jamgotchian, El Segundo Plaza Associates L.P. (“ESPA”), and Theta Holding IV, Inc. (“Theta”), for Plaintif...

Excerpt: ...e filing these motions. Before moving to compel further discovery responses, a party must make a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “The level of effort at...

Excerpt: ...request for production of documents ("RPDs"), set one, on November 9, 2023. Responses were due on December 11, 2023. Denshaz's counsel sent correspondence to MJH's counsel on several occasions, which did not yield any responses. Denshaz avers that MJH has not provided any responses to date. Denshaz therefore seeks an order compelling MJH to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, MJH's counse...

Excerpt: ...F'S ATTENDANCE AT DEPOSITION, TO DEEM REQUESTS FOR ADMISSIONS ADMITTED AND FOR SANCTIONS BACKGROUND This action arises from a dispute between a school district and one of its students. Plaintiff Liav Mann alleges that as a member of the wrestling team at Beverly Hills High School he was physically and verbally abused by his wrestling coach, Ryan Faintich. Faintich is employed by Defendant Beverly Hills Unified School District (the “District”)...

Excerpt: ...Chung T/R : DEFENDANT'S MOTION TO ENFORCE SUBPOENA AGAINST DR. CHUNG IS GRANTED. DR. CHUNG IS ORDERED TO COMPLY WITH THE SUBPOENA WITHIN 20 DAYS OF NOTICE OF RULING. DEFENDANT'S MOTION TO ENFORCE SUBPOENA AGAINST JOO HEE CHUNG IS DENIED. DEFENDANTS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of ...

Excerpt: ...ENT IS TO BE FILED AND SERVED WITHIN 20 DAYS OF THIS ORDER. ANALYSIS: On July 6, 2021, an arbitrator issued an Arbitration Award in favor of Wasserman Media Group, LLC (“Petitioner”) and against Paul Lo Duca (“Respondent”). On August 3, 2021, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”) . The Court set the Petition for hearing on December 7, 2021 and ordered Petitioner to give notice. (Notice of ...

Excerpt: .... Perry to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. I.Confirm/Vacate Award Mark Perry seeks to confirm an arbitration award in his favor issued by arbitrator Hon. Glen M. Reiser (Ret.) on January 8, 2024. Gibson, Dunn, & Crutcher LLP (“GD”) seeks to vacate this award. The award at issue requires GD to pay Perry $557,371....

Excerpt: ...a municipal code violation claim against the neighbors. Plaintiff alleges negligence, negligent supervision, negligence per se, vicarious liability and declaratory relief against defendants City and the employee defendants. Defendants file an anti -SLAPP motion to strike the first and third through fifth causes of action and a demurrer to the complaint. Special Motion to Strike (Anti- SLAPP) Courts resolving an anti -SLAPP motion under Cal. Civ. ...

Excerpt: ...dant 21st Century Insurance Company. A true copy of the contract is attached hereto and made a part hereof as Exhibit “A.” 16. Coverage to the Vehicle included theft coverage and market value of the vehicle. 17. On or about September 15, 2021, the vehicle was stolen from the Plaintiff. 18. Plaintiff timely submitted to Defendant 21st Century a claim for the theft, which was assigned the following claim number: 0003889906 (hereinafter referred...

Excerpt: ...plied for an order to serve the summons and complaint by posting, indicating that service had been attempted at the subject property on July 14, 15, and 19, to no avail. The Court granted Plaintiff's order to serve via posting on July 27. On October 27, 2023, within four minutes of each other, two separate form UD -105 Answers were filed on behalf of Kahn and on behalf of Ferguson, each in pro per. On August 7, 2023, a joint motion to quash servi...

Excerpt: ...s, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual assault she suffered at the hands of Defendants.” (FAC ¶2.)...

Excerpt: ...ts; and 4. Plaintiff Holly Robin Garcia's Motion to Compel Defendant Michael Antonio Diaz to Respond to Requests for Admissions. TENTATIVE RULING The Court GRANTS Plaintiff's motions to compel Defendant Michael Antonio Diaz to respond to special interrogatories, form interrogatories, requests for production of documents, and requests for admissions. The truth of the matters specified in Requests for Admissions, Set One, is deemed and conclusively...

Excerpt: ...n discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) CCP section 2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party...

Excerpt: ... PARTY: None NOTICE: OK RELIEF REQUESTED: An order from this Court to compel Defendant Santa Monica BMW (“SM BMW”) to produce supplemental responses to Plaintiff's Requests for Admissions (“RFA”), Nos. 7, 11, 13, 17, 22- 23, and 27, to compel SM BMW to verify its responses to RFA, Nos. 1-6, 12, 14-21, and 24- 33, and to impose monetary sanctions against SM BMW and its attorney of record, jointly and severally, in the amount of $3,901.51. ...

Excerpt: ...OF ACTION Between March 17, 2023 and March 30, 2023, Plaintiff Sherry Goldsmith (Plaintiff) propounded a set of form interrogatories on Defendants Valentine Goelz, Mark Goelz, Jan Mason, Roy & Val Tool Grinding, and Electropath (Defendants). Defendants were afforded several extensions to serve their responses. (See Castellanos Decl. ¶¶ 5 -11.) By July 23, 2023, Defendants served their responses, and Plaintiff found them to be deficient. ( Id. a...

Excerpt: ...ably calculated to lead to the discovery of admissible evidence.” (CCP § 2017.010; see Davies v. Superior Court (1984) 36 Cal.3d 291, 301.) “For discovery purposes, information is relevant if it ‘might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement.' [Citation] Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible eviden...

Excerpt: ...ed on the stipulation of the parties, the trial was continued to July 29, 2024. On March 26, 2024, Defendant filed this motion to reopen discovery. No opposition has been filed. LEGAL STANDARD “On motion of any party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set.¿ This motion shall be acco...

Excerpt: ...d no substantive or responsive documents. Plaintiffs requested and received a 30- day extension to compl ete these responses. No further responses were received. On February 23, 2024, Defendant provided another 7- day extension to respond. No further responses were provided. On April 15, 2024, Defendant filed these Motions to Compel Further Responses to Form Interrogatories (Set One) from Plaintiffs. While Plaintiffs expressly do not oppose the m...

Excerpt: ...), Cynthia Guerra (“Guerra”), and Does 1 through 30, asserting causes of action for motor vehicle negligence and general negligence arising out of an accident on January 27, 2020, at or near the intersection of Rinaldi and Porter Ranch Drive in Porter Ranch. Herrera and Guerra filed their answer on Mar ch 8, 2022. As is relevant to the matter set for hearing on May 9, 2024, Plaintiffs served Herrera with Supplemental Request for Production (S...

Excerpt: ...Defendants”) responses to Requests for Admissions, Set One and Form Interrogatories, Set One. Plaintiff also seeks monetary sanctions in the amount of $3,261.65 against Defendants. BACKGROUND On March 9, 2023, Plaintiff Chia Huey Lin (“Plaintiff”) filed the Complaint against Defendants for quiet title. On May 26, 2024, Defendant Willy Ling filed a Cross -Complaint against Plaintiff. On January 30, 2024, Plaintiff filed the instant improperl...

Excerpt: ... RESPONDING PARTY: Defendant KIA AMERICA, INC. The court considered the moving papers, opposition and reply. BACKGROUND Plaintiff Pooled C. Tchang filed the complaint on December 9, 2022 alleging the following causes of action: (1) violation of Song -Beverly Act – breach of express warranty; (2) violation of Song -Beverly Act – breach of implied warranty; and (3) violation of the Song [1] Beverly Act section 1793.2. Plaintiff purchased a 2021...

Excerpt: ...n of Song -Beverly Act – Breach of Express Warranty, (2) Violation of Song -Beverly Act – Breach of Implied Warran ty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “Plaintiffs, RODNEY JOSHUA THOMAS JR. AND ANTHONY ERICK ALMAZO (hereinafter “Plaintiffs”), will, and hereby do, move for an order deeming the truth of matters admitted in Plaintiffs' Requests for Admissions, Set One. Plaintiffs' Request...

Excerpt: ... against Cheryl Johnson (“Defendant”), Ernest Johnson, and Does 1 through 50, asserting causes of action for motor vehicle negligence arising from an automobile accident occurring on May 7, 2021, at or near the intersection of West 54th Street and 11th Avenue in Los Angeles. On November 18, 2022, Defendant filed an answer to the complaint. On April 7, 2023, Plaintiff filed an amendment to the complaint naming Christina Jackson as Doe 1. As is...

Excerpt: ...y of Angeles (“LAHD”) to set aside the LAHD General Manager's decision approving a Tenant Habitability Plan (“THP”). Petitioner Ouyang separately moves to correct/augment the administrative record. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Ouyang commenced this proceeding on February 27, 2023. Th...

Excerpt: ...Dvir Cohen and Yafit Cohen (the “Cohen Defendants”) RESPONDING PARTY: None The Court has considered the moving papers. No opposition papers were filed. BACKGROUND On October 7, 2022, Plaintiff Bo Zhang (“Plaintiff”) filed the operative Complaint against the Cohen Defendants; Clear Recon Corp (collectively, “Defendants”); and Does 1 through 20, inclusive, for: (1) Fraudulent Misrepresentation; and (2) Violation of th e Business and Pro...

Excerpt: ... property located at 925 E. Stockton Avenue in Compton (the Compton Property). Defendants allegedly engaged in fraudulent acts to fund three separat e loans secured by the real property at issue. Defendants allegedly presented the loan as a non-owner -occupied transaction, although Plaintiff resided at the home. Plaintiff alleges claims for fraud, constructive fraud, breach of fiduciary duty, unjust enr ichment, and unfair business practices. On ...

Excerpt: ...c mold which caused her injury and emotional distress, and that Defendants failed to remedy the issue. Defendants Mac Bennett Enterprises, Inc. dba International Realty and Investments and John Walker dba Walker & Walker Realty now move to enforce terms of the settlement agreement pursuant to CCP section 664.6. No opposition was filed. [FN 1] TENTATIVE RULING: Defendants' motion to enforce the settlement agreement is GRANTED upon receipt of a pro...

Excerpt: ...idered the moving, opposition and reply papers. BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) asserts a representative claim for violations of the Labor Code pursuant to the Private Attorneys General Act (“PAGA”). On July 29, 2022, Moving Defendant filed a motion to compel arbitration on the grounds that during Plaintiff's employment, he signed a binding arbitration agreement that...

Excerpt: ...overy. The Complaint alleges that Plaintiff Jose Jesus Licea (Plaintiff) accessed the website of Rocket Mortgage, LLC (Defendant). Thereafter, Plaintiff avers, Defendant intentionally invaded Plaintiff's right to privacy without his consent by aiding a third -part y company to secretly eavesdrop and record data in real time from Plaintiff's interaction with Defendant's website chat box. The Complaint alleges a single cause of action for violation...

Excerpt: ...f with such force that Plaintiff suffered injuries and damages. Plaintiff alleges causes of action for (1) assault, (2) battery, (2) intentional infliction of emotional distress, (4) negligence, and (5) negligent hiring, supervision, and retention. Plaintiff prays for general and special damages. Defendant moves to reclassify the case as a limited jurisdiction matter. Plaintiff filed an untimely opposition on May 7, 2024. No reply has been filed....

Excerpt: ...ion, and produce all responsive docu ments, to Bolun Zhang's Form Interrogatories and Request for Production of Documents within 20 days of the Court's order. The Court GRANTS Defendant Bolun Zhang's requests for monetary sanctions in the reduced amount of $585.00 per motion, for a total of $1,170.00. Plaintiff Weijun Zhang and Plaintiff's counsel of record must pay the monetary sanctions to Defendant Bolun Zhan g's counsel within 20 days of the ...

Excerpt: ...ogatories, set one, and (3) request for production of documents ("RPDs"), set one, on February 5, 2023. (Cook Decl. 2-4; Exhs. A-C.) Responses were due on January 8, 2024. (Ibid.) After receiving no responses, defense counsel sent email correspondence to Plaintiffs counsel regarding the outstanding discovery. (ld. at 5.) To date, Plaintiff did not respond to defense counsel's letter nor has Plaintiff served responses to the written discovery. (ld...

Excerpt: ... California (“Defendant”) moves to strike Plaintiff Robert Johnson, Individually and as Heir and Successor -in- Interest to Patricia Johnson, Deceased (“Plaintiff”)'s prayer for punitive damages against it. The Court first notes that Defendant reserved a hearing for a demurrer to the First Amended Complaint, but no such motion was filed with the Court. Thus, the demurrer is taken off calendar. Second, Plaintiff has not filed an opposition...

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...

Excerpt: ...ral Town (“SORT”) filed a motion to tax these costs, arguing that they were incurred in connection with cross- complaints to which Petitioner was not a party. The motion is denied. PROCEDURAL HISTORY In its amended petition, Petitioner Save Our Rural Town (“Petitioner” or “SORT”) sought a writ of traditional mandate directing Respondent County of Los Angeles (“County”) to deposit with the court the full amount necessary to satisfy...

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: ...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: ...ution 18-21, which authorized the staff to discontinue issuing recycling hauler licenses, establish a single license for haulers of refuse and recycling services, and require all haulers to pay a license fee of 1 1 percent of gross annual revenue. On March 7, 2018, the City notified Petitioner that it could continue serving its existing customers until no later than April 1, 2023, in accordance with the new licensing model. On October 2, 2018, th...

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: ...ssociation (“CCA”) are film critic associations whose membership consists of film and entertainment industry professionals and who that host award shows. (Compla int pp. 1–3.) Defendant Joey Berlin (“Berlin” and, together with CCA, “Defendants”) is a founder and the president of CCA. ( Id. at pp. 2 –3.) In December 2019 and January 2020, Defendants contacted Plaintiff to demand Plaintiff change its then - name, Hollywood Critics A...