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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: .... 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: ... 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: ...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: ...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: ...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: ... (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: ...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: ...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: ... 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: ...), 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: ...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: ...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: ...(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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ..."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...