Excerpt: ...dgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: [¶] (1) The party. [¶] (2) An attorney who represents the party. (CCP, § 664.6(a), (b)(1)- (2).) “Because of its summary nature...

Excerpt: ...bitration, and Stay or Dismiss Proceedings (“Motion to Compel Arbitration”). On December 19, 2023, Defendant filed Judicial Council Form APP -002, Notice of Appeal (Unlimited Civil Case). Defendant noticed its appeal of the Minute Order dated December 8, 2023, which denied the Motion to Compel Arbitration. On January 1, 2024, an amended version of Code of Civil Procedure section 1294, subdivision (a) took effect. On April 23, 2024, Plaintiff ...

Excerpt: ...ion of Song- Beverly Act – Breach of Express Warranty, Violation Violation of Song-Beverly Act – Breach of Implied Warranty, Violation Violation of Song- Beverly Act – Section 1793.2, and Violation Violation of Song-Beverly Act Section 1793.22 – Tanner Consumer Protection Act. Mercedes -Benz USA, LLC answered on November 13, 2023. RULING: Denied. Request for Judicial Notice: Granted. The court takes judicial notice of the existence of the...

Excerpt: ...LB00016. Plaintiff alleges the vehicle suffered from various defects and nonconformities that revealed the mselves within the applicable express warranty period. Plaintiff alleges Defendant was obligated under the Song Beverly Act to promptly offer to repurchase or replace the vehicle after a reasonable number of unsuccessful repair attempts. Plaintiff alleges Defendant failed to do so. On September 7, 2023, Plaintiff filed a complaint against Am...

Excerpt: ...Does 1 to 25, asserting causes of action for negligence and premises liability. On September 30, 2021, Plaintiff amended her complaint to name Sprouts Farmers Market, Inc. as Doe 1. (Plaintiff named additional defendants on November 5, 2021, and subsequently filed a request to dismiss those defendants on May 23, 2022.) On December 3, 2021, Defendant SF Markets, LLC (“SF”) filed an answer. On October 12 and 14, 2022, Plaintiff amended her comp...

Excerpt: ...ear at deposition or produce the requested documents “without having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) Plaintiff's motion is procedurally defective. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement.” (Cal. Rules of Court, rule 3.1345(a).) “The separate statement must include —for each discovery request … to wh...

Excerpt: ...te of the notice of ruling. 3. Plaintiff Jose Ma rtin Reyes' Motion to Compel Discovery Responses to Plaintiff's Form Interrogatories (Employment)(Set One) is GRANTED. Braun is ordered to re -serve his responses to the subject discovery, without objections and with a verification, within 5 days from the date of the notice of ruling. Sanctions are awarded, jointly and severally, in the reduced amount of $410.00 and are payable within 20 days from ...

Excerpt: ...c., and Does 1 to 25 for damages arising from an alleged dangerous and hazardous condition on the property located at 1101 West McKmley Avenue in the City of P omona. Defendant Los Angeles County Fair Association dba Fairplex Enterprises, Incu sued as Fairplex Enterprises, Inc., ("Fairplef) moves for an order compelling Plaintiff to provide further responses to its set one of form interrogatories, special interrogatories, and request for producti...

Excerpt: ...xamination. Defendant a lso requests sanctions of $840 in connection with bringing this motion. In any case in which a plaintiff is seeking recovery for personal injuries, defendant may demand a physical examination. Code Civ. Proc. §2032.220(a). A defendant may make a demand for physical examination, and the examination shall be scheduled for a date at least 30 days after service. Code Civ. Proc. §2032.220(b), (d). Defendant argues plaintiffs ...

Excerpt: ..., 2024 Moving Party: Plaintiff John Robert Kochakji Responding Party: None (1) Motion to Compel Responses to Requests for Production (Set Two) (2) Motion to Compel Responses to Special Interrogatories (Set Two) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Requests for Production (Set Two). The court orders defendant Mary Guidry to serve verified responses, without o...

Excerpt: ...ee years of commencing the action. Code of Civil Procedure section 583.210(a) provides, “The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.” Section 583.250 provides: “(a) If service is not made in an action within the time prescribed in this article: (1) The action s...

Excerpt: ...”) petition to vacate arbitration award (“Petition”) on the following grounds: (1) JAMS is not a proper party pursuant to C.C.P. §1285; (2) this Court does not have jurisdiction to vacate interlocutory arb itration rulings pursuant to C.C.P. §1283.4; (3) the doctrine of arbitral immunity bars the Petition insofar as it seeks to hold JAMS liable for actions taken in its official capacity as an adjudicator; and (4) the litigation privilege ...

Excerpt: ...for unlawful detainer. On November 3, 2023, Plaintiff obtained a default judgment by Clerk for possession of the premises. On January 10, 2024, Plaintiff obtained possession of the premises. (See Writ Return, filed 2/2/24.) On March 7, 2024, the Court denied Plaintiff's request for default judgment by Court as to money damages, without prejudice to Plaintiff seeking to recover such damages in a separate civil action. On April 2, 2024, Plaintiff f...

Excerpt: ...ly, “Defendants”) filed this\ unopposed motion for an order authorizing the release of photographs in the custod\ y of the Los Angeles Coroner's Office pursuant to Code of Civil Procedure section 129. Section 129 of the Code of Civil Procedure provides, in relevant pa\ rt: (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any\ kind of a photograph, negative, or print, including instant photographs and v\ ideo recordings...

Excerpt: ...dant La Verne Commons LLC is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a premises liability action. On March 15, 2023, plaintiff Zanay Herrera (Plaintiff) filed this action against defendants Starbucks Corporation, The Vons Companies, Inc. (Vons), Albertsons Companies, Inc., Cerberus Capital Mangement [ sic] LP, La Verne Commons LLC (La Verne Commons) (collectively, Defendants) and Do...

Excerpt: ...I (TN) LP (Wadd) are alleged to be the owners of a commercial property in the City of Industry. Since 2001, Defendant Novolex Holding s, LLC (Novolex) allegedly rented the City of Industry property from Cups and Wadd and had been subleasing the property to Defendant Oceanus Decor & Flooring, Inc. (Oceanus) since 2022. In May 2023, Plaintiff Andes Harvest, Inc. (Andes) agreed to sublease the City of Industry property from Oceanus. After Andes made...

Excerpt: ... February 1, 2023. Plaintiff alleges the following facts. Defendants breached the lease with respect to commercial premises located at 1332 Hermosa Ave., Suite 4, Hermosa Beach, CA 90254. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 435.5. (Decl. Kevin Hermansen.) Plaintiff argues that the meet and confer declaration is misleading because the actual meet and confer discussions consisted o...

Excerpt: ...NDING PARTY: Unopposed Motion to Strike Plaintiff's First Amended Complaint and Answer to Cross -Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Defendant and cross -complainant Westside Contractors (“Westside”) moves the court for an order (1) striking the First Amended Complaint filed by plaintiff Regency Plastering, Inc. (“Plaintiff”) on April 14, 2022, ...

Excerpt: ... of consortium. The First Amended Complaint was filed on May 8, 2019. Blanca Leon's claims were dismissed, leaving Antonio Leon's medical malpractice claim. The matter came on for trial between January 29, 2024 and February 9, 2024, after which the jury returned a verdict for Plaintiff against Defendant Bode. Plaintiff was ordered to prepare a judgment. Defendant objected to the proposed judgment, arguing that Plaintiff's Section 998 offer was in...

Excerpt: ...Group, Inc. dba IDEG Construction, International Government Services, Inc dba IDEG Construction, IDEG Supply LLC dba IDEG Construction, alleging unlawful detainer. On 7/25/2023, the Court dismissed this case, pursuant to CCP section 664.6. Now, Plaintiff seeks an order vacating the 7/25/2023 dismissal, reinstating this action, and entering a money judgment against Defendants, and each of them, in the total amount of $80,175.86 ($68,015.86 remaini...

Excerpt: ...8, the City adopted Resolution 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 mode...

Excerpt: ... January 27, 2011, Plaintiff Rohayent Gomez Eriza, a minor, by and through his Guardian Ad Litem, Maria de Jesus Eriza Duque (“Plaintiff”) filed this action against Defendants City of Los Angeles and Victor Abarca. The Complaint alleges causes of action for (1) assault and battery, (2) violation of Civil Code section 52.1, and (3) negligence. In the Complaint, Plaintiff alleges that on December 16, 2010, Plaintiff was present at or/near 2011 ...

Excerpt: ...nited Talent Agency (UTA) in litigation against Kassan. Specifically, Freedman told Deadline magazine that Kassan was a “pathological liar.” On April 26, 2024, Defendants filed the instant special motion to strike. Kassan filed his opposition on May 7, 2024. Defendants filed their reply on May 13, 2024. LEGAL STANDARD A special motion to strike under Code of Civil Procedure section 425.16 allows a defendant to seek early dismissal of a lawsui...

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: ...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...