Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...

Excerpt: ...ed Complaint filed. • 02/27/24: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and conversion. Plaintiffs allege that Defendant failed to adhere to an oral agreement between the parties and misappropriated corporate assets and trade secrets. Defendant demurs to portions of the Second Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. ...

Excerpt: ...E 3.3(F) WITHIN TEN (10) DAYS OF THIS ORDER. ANALYSIS: Plaintiffs Eduardo Tiempo, Gary Rand & Suzanne E. Rand -Lewis, Professional Law Corporations (“Plaintiffs”) filed the instant action against Defendants Finchey Corporation of California dba Pacific BMW, David Ho, Arsen Dagbashyan, Sevak Adamyan, and Andy Adamyan (“Defendants”) on December 11, 2022. The action alleges causes of action for (1) breach of express contract; (2) constructiv...

Excerpt: ...e “federal cause of action”), as well as a series of common law claims. Plaintiff filed this action on April 17, 2024, and JPMorgan Chase Bank filed a notice of removal on April 18, 2024, based upon the federal question. The notice of removal “shall effect the removal and the State court shall proceed no further unless and until the case is remanded.” (28 U.S.C. § 1446(d).) Plaintiff suggests that he intends to dismiss his federal cause ...

Excerpt: ...Mark Ghaly; California Department of Public Health (CDPH); CDPH Director Dr. Tomá s Aragón; California Department of Health Care Services (DHCS); DHCS Director Michelle Baass; and Attorney General Rob Bonta RESPONDING PARTY(S) : Plaintiffs Mary Matthias, Chris Lugatiman, Toni Johnson, and A Voice for Choice, Inc. REQUESTED RELIEF : Sustain demurrer without leave to amend. TENTATIVE RULING : Demurrer is SUSTAINED, without leave to amend. STATEME...

Excerpt: ...n Defendant argues that Plaintiff's Complaint is invalid because it is not properly verified, and because Plaintiff does not have standing to pursue this action. After review, the Court agrees only in part. As to the first contention, Defendant argues that the Complaint is not properly verified because it is verified by the property manager, and Defendant, as a corporation, must provide verification from an officer. However, CCP section 446 expre...

Excerpt: ...isco Puertas, and Sandy Segovia RESPONDING PARTIES: Plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust Demurrer to Operative Complaint The court considered the moving, opposition, and reply papers filed in connection with this demurrer. DISCUSSION Plaintiffs Alan M. Bagamaspad, individually and as trust...

Excerpt: ...the face of the pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the ...

Excerpt: ...loyment dispute with the University of Southern California (“USC”). (Compl. ¶ 1.) Plaintiff alleged she had been wrongfully ter minated and also claimed whistleblower retaliation and discrimination. ( Id.) Plaintiff alleges the following negligent acts by Defendant in connection with its representation of Plaintiff in the underlying employment case: First , Plaintiff claims Defendant, without her consent, filed an arbitration demand in JAMS ...

Excerpt: ...rd Cause of Action. SUMMARY OF ACTION Plaintiff Carol Harmell (Plaintiff) filed this action on September 11, 2023. In her complaint, Plaintiff alleges that she hired former attorney Larry L. Nash (Defendant) to handle matters related to certain trusts and the loss of Plaintiff's house. Unbekno wnst to Plaintiff, at the conclusion of those matters in 2017, Plaintiff was found to be entitled to $181,295.84 from a partition action. This amount was o...

Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...

Excerpt: ...: • 04/03/23: Complaint filed. • 10/17/23: Cross-Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of a rental contract. Plaintiff alleges that Defendants failed to pay rent on a commercial lease agreement. Cross -Defendants Nicole Management, LLC, Masoud Omrany, and Ramin Omrany demur and move to strike the cross- complaint. TENTATIVE RULING: Cross -Defendants' Motion to Strike the Cross -Complaint...

Excerpt: ...n for unlawful retaliation (Lab. Code, § 1102.5) and second cause of action for breach of contract, and sustained without leave to amend as to the third cause of acti on for violation of the Peace Officer's Bill of Rights. Plaintiff is granted 30 days leave to amend. The court sets the OSC RE: Amended Complaint for May 31, 2024, at 8:30 a.m. Defendant County to give notice. BACKGROUND On June 8, 2023, Donald Rubio (“Plaintiff”) filed a Compl...

Excerpt: ...nto issue the first cause of action (COA) for declaratory relief and the second COA for breach of the covenant of quiet enjoyment. Discussion At the prior demurrer to the original complaint heard on January 10, 2024, the Court sustained the demurrer and required Plaintiff to amend the pleading to add factual allegations regarding an actual controversy under the declaratory relief COA and to add factual allegations regarding the alleged misconduct...

Excerpt: ...Burbank Senior Villa West ("LBC"), Burbank Senior Villa West, Trion Solutions Inc. Orion"), Kornland Building, and Paul Lawrence Dunbar Haney IV ("Haney") for wrongful death (Labor Code 53601) and premises liability. Plaintiffs, the parents of decedent Moncerrat Vargas ("Decedent'), allege Decedent was an employee of LBC/Trion/ Burbank Senior Villa West. After Haney was terminated from his employment with defendants, Haney stabbed Decedent when D...

Excerpt: ...oldings, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. ...

Excerpt: .... Background Plaintiffs' Complaint was filed on March 18, 2024. Plaintiffs allege the following facts. Plaintiffs obtained a first lien mortgage loan secured by the property located at 44 Buckskin Lane, Rolling Hills Estates, CA 90274, through a Deed of Trust, recorded on May 5, 2016. Plaintiffs suffered from financial hardship. On or around July 12, 2022, Plaintiffs entered into a loan modification agreement with Bank of America. Thereafter, Ban...

Excerpt: ...nd Amended Complaint on February 23, 2024. The SAC adds Defendant s Carlos Carillo, an individual named Robert, Steve Ballesteros, Stacie Colmon, and John Scanlan. On March 19, 2024, Defendant AUSD filed the instant demurrer and motion to strike. Plaintiff filed his opposition on April 1, 2024. Defendant filed its reply on April 17, 2024. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mir...

Excerpt: ...Cornelius Sr., Christopher D. Cornelius Sr., individually and successors in interest to Earl Conelius Jr., deceased . TRIAL DATE: Not Set. MOTION: (1) Motion for Judgment on the Pleading s Tentative Rulings: (1) GRANTED, with 20 days' leave to amen d I. BACKGROUND A. Factual On March 20, 2023, Plaintiffs, Carlos E. Cornelius Sr., Dwayne Cornelius, Jonathan L. Cornelius, Lamont Cornelius Sr., Christopher D. Cornelius Sr., individually and successo...

Excerpt: ...on/Fraud. The Court GRANTS the motion to strike as to request nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15 and 16. The Court DENIES the motion to strike as to request nos. 1, 2, 3 and 9. Given the number and nature of allegations stricken, the Court orders Plaintiffs to file and serve a Fourth Amended Complaint within 10 days of the Court's order, solely removing all of the allegations stricken in this Motion to strike by Georges and Prager, as wel...

Excerpt: ...al Standard Code of Civil Procedure, section 387, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if “a provision of law confers an unconditional right to intervene,” or “[t]he person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the a...

Excerpt: ...ital Stafflink Network RESPONDING PARTY: Unopposed Motion for Leave to File Second Amended Complaint The court considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff US Hospital Personnel, Inc., d/b/a Hospital Stafflink Network (“Plaintiff”) moves the court for an order granting it leave to file a Second Amended Complaint (1) to add a claim for breach of contract based on a thi...

Excerpt: ...e 3, 2019, Defendant filed an answer. On March 21, 2024, Defendant filed a motion for leave to file a cross-complaint. Plaintiff filed an opposition on April 3, and Defendant filed a reply on April 17. Legal Standard The Code of Civil Procedure distinguishes between compulsory and permissive cross - complaints. A compulsory cross -complaint, under Code of Civil Procedure section 426.30, is one that asserts (1) a “related cause of action”; (2)...

Excerpt: ... notice. REASONING The court may grant leave to amend the pleadings at any stage of the action. (Code Civ. Proc., § 473, subd. (a).) A party may discover the need to amend after all pleadings are completed (the case is “at issue”) and new information requires a change in the nature of the claims or defenses previously pleaded. (See Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.) “The policy favoring amendment is so strong that...

Excerpt: ...nduct discovery, which Respondent opposes. The motion is granted in part and denied in part. FACTUAL BACKGROUND Petitioner was licensed to practice medicine in California in 2003. (Petition for Writ of Administrative Mandate (“Pet.”) ¶ 1.) On December 16, 2020, Respondent filed an accusation against Petitioner alleging negligence and failure to maintain accurate medical records. (Id. ¶ 9.) According to the petition, “this case involved th...

Excerpt: ...ervice set for that day; as such, the court continued the CMC and set an Order to Show Cause Re: Why t he Matter Should Not be Dismissed for Failure to Prosecute for January 31, 2024. On January 31, 2024, the court ordered Plaintiff's complaint dismissed, without prejudice, after Plaintiff's counsel failed to appear at the hearing. Legal Standard “When an application for an order has been made to a judge, or to a court, and refused in whole or ...

Excerpt: ...ing Party: Defendant Devoto -Wade LLC dba Golden State Cider Motion for Issue and Monetary Sanctions The Court considered the moving papers, opposition, and reply. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breach of ...

Excerpt: ...ely, “Plaintiffs”) filed this action against defendants Dr. Robert Khorramian, Dr. Ellie Goldstein, and The Rehabilitation Centre of Beverly Hills (“the Centre”) for wrongful death ari sing from allegations of medical malpractice. On February 26, 2024, the Centre filed an application for good faith settlement, in addition to the instant motion for determination of good faith settlement between it and Plaintiffs. As of April 11, 2024, the ...

Excerpt: ... not being relevant. Introduction Plaintiff Bryant Marin (Plaintiff) moved for attorneys' fees, costs, and expenses against Defendant FCA US LLC (Defendant). (Civ. Code, sec. 1794(d).) Plaintiff requested fees in the total amount of $119,463.75; costs in the amount of $11,514.72, and expenses in the total amount of $525.00. The $119,463.75 in attorneys' fees includes: (1) a 1.5 multiplier of $74,642.50, making fees add up to $111,963.75; and (2) ...

Excerpt: ...against Defendant Piaggio Group Americas, Inc. (“Defendant”). The Complaint alleges a causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of Vehicle Code section 11713.13(d); and (4) relief pursuant to Vehicle Code section 11726 . Plainitff sought damages of $$12,858.57. The court granted Plaintiff's Motion for Summary Judgment on April 7, 2022. (Minute Order, 04/07/22....

Excerpt: ...ual; VIMAL PONNEZHAN, M.D., an individual; COMPREHENSIVE CARE PROVIDERS CORPORATION, a California corporation; PALLICKAL, MALLIK, PONNEZHAN MEDICAL CORPORATION, a California professio nal corporation; and ROES 1 through 20. CASE NO.: 23AHCV00341 DEMURRER WITH MOTION TO STRIKE MOTION FOR ORDER REQUIRING BOND MOVING PARTY : Comprehensive Care Providers Corporation, Leejoe Pallickal, M.D. and Vimal Ponnezhan M.D. Pallickal, Mallick, Ponnezhan Medica...

Excerpt: ...S, SET THREE Background On March 25, 2024, Plaintiff Kristina Holman (“Plaintiff”) filed this operative Second Amended Complaint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars-S inai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asser...

Excerpt: ...h his guardian ad litem Nicholas Vinovich, (“Plaintiff”) filed this action against defendants, Thirty – First District PTSA – Creative Kids (“Creative Kids”), Los Angeles Unified School District (“LAUSD”) and Does 1 to 50 for injuries arising from allegations of negligent supervision. The complaint alleges that Plaintiff was participating in a sponsored school activity at Chatsworth Park when Plaintiff wandered off alone outside t...

Excerpt: ...rimination, Violation Of Cal. Gov. Code §§ 12940 Et Seq.; (3) Sex/Gender Retaliation, Violation of Cal. Gov. Code §§ 12940 Et Seq.; (4) Actual/Perceived Disability Harassment, Violation Of Cal. Gov. Code §§ 12940 Et Seq.; (5) Actual/Perceived Disability Discrimination, Violation of Cal. Gov. Code §§ 12940 Et Seq.; (6) Actual/Perceived Disability Retaliation, Violat ion of Cal. Gov. Code §§ 12940 Et Seq.; (7) Failure to Engage In The Man...

Excerpt: ...on in the alternative for summary adjudication of Plaintiff Victoria Suarez's Complaint is granted as to the 4th, 10th, 11th, and 13th causes of action and denied as to the 1st, 2nd, 3rd, 9th, and 12th causes of action. Defendant Los Angeles Unified School District [erroneously sued as Los Angeles Unified School District Accounting & Disbursements Division Payroll Administration Branch] (“LAUSD”) (“Defendant”) moves for summary judgment o...

Excerpt: ... the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against any one engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any o...

Excerpt: ... Complaint against Ralph's Grocery Company, Todd I Schiffman, as trustee of Todd I Schiffman Living Trust dated December 23, 1999 and Xavier Hendrix alleging (1) negligence; (2) negligent hiring; and (3) premises liability. On December 7, 2023, Defendant Alpha Beta Company dba Ralphs filed an answer to the FAC. On March 12, 2024, Plaintiff dismissed Defendant Todd I Schiffman. On April 11, 2024, Plaintiff dismissed Defendant Xavier Hendrix. The o...

Excerpt: ...Plaintiffs Jose Guadalupe -Soto Rodriguez and Sara Sanchez (collectively, Plaintiffs) filed suit against 39 Defendants, alleging: (1) negligence; (2) strict liability —warning defect; (3) strict liability —design defect; (4) fraudulent concealment; (5) breach of implied warranties; and (6) loss of consortium. On 2/5/2024, Defendant Caesarstone LTD (Defendant or Caesarstone) moved for an order allowing Lydecker to withdraw its notice of appear...

Excerpt: ...ran Gonzalez's (“Gonzalez”) attendance at a deposition. Cross -Complainants also seek monetary sanctions. Defendants/Cross Defendants America's Bin Company, Inc. and Jaime Gonzalez (“Defendants”) oppose and Cross -Complainants reply. LEGAL STANDARD “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...

Excerpt: ...ith Sender and requests monetary sanctions. The Motion is unopposed. ANALYSIS Motion to Compel “In California, discovery may be obtained from a nonparty through an oral deposition, a written deposition, or a deposition for the production of business records and things. (Code Civ. Proc., § 2020.010, subd. (a).)” (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1030 (hereafter Board of Registered Nurs...

Excerpt: ...es to compel Defendant's deposition. Plaintiff also seeks monetary sanctions. Defendant opposes and Plaintiff replies. LEGAL STANDARD “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 giving the notice may move ...

Excerpt: ...nt officer, suffered fatal head injury when a fellow officer conducted an exercise causing blunt force trauma to the head and neck of Officer Tipping during a “tr aining exercise” purportedly to simulate a fall from a certain height. The training program was part of the Arrest and Control Bicycle Training Program. Officer Tipping was not provided any protective gear normally associated with such a training program, and other padding was not p...

Excerpt: ...o pay monetary sanctions. On January 19, 2024, Garcia noticed Plaintiff's deposition for February 1, 2024. Garcia's counsel enclosed in the letter that Plaintiff is to provide alternative dates if Plaintiff is not available, and that the deposition will not be taken off -calendar ab sent notification of alternative dates for February 2024. On January 31, 2024, Garcia's counsel sought to confirm the deposition date, and Plaintiff's counsel respond...

Excerpt: ...riters at Lloyd's, London, Subscribing to Policy Number HGB0140086 (“Lloyd's”) and Washington & Finnegan Inc Motion to Compel the Deposition of the Person Most Qualified and Request for Sanctions The court considered the moving papers, opposition, and reply. The court GRANTS Plaintiffs' motion to compel Those Certain Underwriters at Lloyd's, London, Subscribing to Policy Number HGB0140086's PMQ's deposition. Nick Sargeant's deposition shall t...

Excerpt: ...- complaint against Maggio. Maggio answered the complaint and cross -complaint on 10/31/22 and 11/14/22, respectively. On 2/28/23, the parties were scheduled to participate in an informal discovery conference before the Honorable Serena R. Murillo in the personal injury hub court. The IDC was not held because the Court referred the matter to Department 1 to determine whether it was complicated and should be transferred to an IC court for all furt...

Excerpt: ...ted. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGA...

Excerpt: ..., given the recent birth of a daughter to Plaintiff's counse l and his partner (2) Request for Monetary Sanctions also to be argued or continue d I. BACKGROUN D A. Factua l On October 10, 2022, Plaintiff, Daniel Sydney Andrews (“Plaintiff”) filed a Complaint against Defendants, Smart & Final LLC, Smart & Final Stores, LLC, and DOES 1 through 10. The Complaint alleged causes of action for: (1) Premises Liability; and (2) Gener al Negligence. T...

Excerpt: ...Health Care claims and medical supplement claims; and (3) money had and received. Blue Shield paid AOC for emergency medical services provided to its plan members. The FAC alleges AOC was paid reasonable market value and/or certain claims were properly denied in whole or in part in accord with applicable law, relevant plan terms and industry/regulatory standards. AOC moves for an order staying this proceeding in light of the pendency of proceedin...

Excerpt: ...cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause...

Excerpt: ...OMPLAINT. ANALYSIS: Plaintiff Samara A. Weiner (“Plaintiff”) filed the instant action for recovery of COVID -19 rental debt against Defendants Century Property Management & Investment, Inc. and Deion Gerhard (“Defendants”) on July 27, 2022. Defendants filed an answer and cross -complaint against Plaintiff, Art Koomer, and Michael Koomer on November 23, 2022. Arthur Koomer and Michael also filed cross -complaints against unnamed cross -def...

Excerpt: ... Plaintiff to give notice. Background This is a quiet title action filed by Plaintiff/Cross -Defendant The Pacific Southwest District of the Lutheran Church - Missouri Synod ("Plaintiff") seeking to determine the ownership of church property used by Defendant/Cross- Complainant Peace Lutheran Church, Inc., of South Gate, California ("Defendant"). Plaintiff contends that it now owns the property pursuant to Defendant's constitution...

Excerpt: ...action for premises liability and general negligence arising from a fall on July 18, 2022, that allegedly resulted from a negligently maintained railing at premises operated by Defendants on West Rosecrans Avenue in Gardena. On March 27, 2023, Dhillon Foods filed an answer and a cross -complaint against Roes 1 through 15. On March 30, 2023, Rosegarden and Westridge filed an answer. On December 12, 2023, Rosegarden and Westridge filed a cross -com...

Excerpt: ...dant NK are general partners of the Group 48 limited partnership, which is controlled by Defendant Hogan. Plaintiffs and Defendants entered into this agreement in connection with the development of the Century Plaza Hotel (the “Project”). On 2/6/24, the Court granted Defendants' motion for judgment on the pleadings with leave to amend only with respect to the three causes of action in the Complaint (rescission -frustration of purpose; breach ...

Excerpt: ...d Complaint (“FAC”) filed on July 12, 2022, Plaintiff Lisa Avila ("Plaintiff”) alleges that Defendant Lourdes Campell (“Defendant”) breached her written agreement to sell her condominium to Plaintiff by failing to timely close escrow. On August 10, 2022, Defendant answered the FAC and concurrently filed a Cross -Complaint. On December 22, 2022, this Court issued an order requiring Plaintiff and Defendant to mediate their dispute. On...

Excerpt: ...t, Ronald M. Beilke. On March 19, 2024, Mr. Beilke (“Plaintiff”) filed suit against Defendants The Villages at Heritage Springs Homeowners Association, John Park, Maribel Diaz, Wil Sung, Desmond Blackburn, and Son Nguyen (collectively “Defendants”) for Breach of Fiduciary Duty, Declaratory Relief, Preliminary and Permanent Injunction, and Temporary Restraining Order. Defendants have levied an assessment totaling $195,351.34 ($192,201.34 i...

Excerpt: ....”) Plaintiff opposes and Defendants reply. LEGAL STANDARDS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed , and any other party or affected person, may promptly move for a protective order.” (Code Civ. Proc., § 2031.060, subd. (a).)...

Excerpt: ...ies agreed the Court could decide on the papers submitted. The Court also issued in the same ruling an OSC why it should not dismiss the first amended complaint. On February 9, 2024, Yen Mach (“Yen”) filed a “Reply Positions and Statement regarding Court's January 30, 2024 ruling.” She raises three issues: First, No creditor's claim was needed to bring an action against the estate of Dennis Wong (“Dennis”) because of the waiver of the...

Excerpt: ...NTS the motion for summary adjudication as to the Second Cause of Action for declaratory relief. Defendant Great New World Equity LLC is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract action. On September 26, 2022, plaintiff Zhou's Investment & Management, Inc. dba The Noodle (Plaintiff) filed this action. On October 5, 2022, Plaintiff filed the operative First Amended...

Excerpt: ...z, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Plaintiff's First Set of discovery, including Form Interrogatories – Employment Law (“Employment Interrogatories”). Quik Tow did not serve responses. On June 22, 2023, the court granted Plaintiff's motion to compel responses to the Employment Interrogatories. On December 22, 2023, the court granted Plaintiff's motion to compel further responses to the empl...

Excerpt: ...reach of a written subcontract between the parties and Onni's alleged failure to pay Precision for pr oducts it provided to Onni, all in connection with Precision's work as a subcontractor at the real property located at 6933 Santa Monica Blvd., Los Angeles (the “Property”). Precision, which recorded a mechanics lien against the Property, has also sued RLI INSURACE BOND (“RLI”) to recover from the lien release bond the amount stated in th...

Excerpt: ...in 1985, until the sale of the premises to 3432 E. 15th St., LLC in 2017, 3424 E. 15 th Street, Los Angeles, was subjected to chemical contamination from various occupants, and subsequent groundwater contamination. On November 18, 2021, Plaintiff Bronze -Way Plating Corporation filed its complaint for 1. Contribution Under the Hazardous Substance Account Act, California Health & Safety Code Section 25300, et Seq.; 2. Contribution; 3. Equitable In...

Excerpt: ...��Plaintiffs”) filed a First Amended Complaint (“FAC”) against defendants Vista General Engineering Company Inc. (“Vista”), Arturo Orozco Torres (“Torres”), and Does 1 to 10 for damages arising from a motor vehicle accident that occurred on August 24, 2018. The FAC sets forth four causes of action for (1) motor vehicle negligence, (2) general negligence, and (3) negligence per se, and (4) loss of consortium against all defendants. V...

Excerpt: ...provide funeral -related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between January 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plaintiff...

Excerpt: ...NT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION MOVING PARTIES: Defendants Persian -American Adult Day Health Care Center, Inc., d/b/a Forever Young Adult Day Health Care Center, Vardkes Ken Esrailian, and Abdul Toukhi RESPONDING PARTIES: Plaintiffs Kazem Sanikhatam, by and through his successor -in- interest Mitra Azizi, and Mitra Azizi Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, oppo...

Excerpt: ...laint (“SAC”) against Defendants Kerlan -Jobe Surgery Center LLC; Kerlan- Jobe , LLC; Cedars-Sinai Kerlan Jobe Institute; Cedars -Sinai Medical Center; Cedars-S inai Medical Care Foundation; Kerlan -Jobe Orthopaedic Clinic, a Medical Group, Inc. (collectively, “Defendants”); and DOES 1 through 50, inclusive, asserting eleven causes of action: (1) Retaliation in Violation of Labor Code §1102.5; (2) Retaliation in Violation of Labor Code �...

Excerpt: ...ty”) RESPONDING PARTY: Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On November 21, 2023, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”), including Moving Party for: (1) Negligence; (2) Strict Liability – Warning Defect; (3) St rict Liab...

Excerpt: ...n arises from Plaintiffs Araceli and Anthony Miceli's (Plaintiffs) purchase of an allegedly defective 2021 Chevrolet Silverado. On December 14, 2022, Plaintiffs filed a Complaint against Defendant General Motors, LLC (Defendant) for violations of the Song -Beverly Act. Defendant's responses to Plaintiffs' requests for production were allegedly due on July 27, 2023. On August 10, 2023, Defendant served its unverified responses to Plaintiffs' Reque...

Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...

Excerpt: ...LAPP) is GRANTED. All causes of action within Plaintiff Adam J. Tenser's First Amended Complaint are stricken as to Defendant Jay Levine. Defendant Jay Levine meets his burden to prove the Plaintiff Adam J. Tensor's claims arises from constitutionally protected speech. Plaintiff Adam J. Tensor does not meet his burden of proving the probability of prevailing on all claims in the FAC as to Defendant Jay Levine. Defendants RJN are GRANTED as to the...

Excerpt: ...une 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regarding the status conference: “Supplemental briefs are allowed but not required. Br...

Excerpt: ...MMARY OF ACTION AND ANALYSIS It is unclear if Plaintiff Christopher Mack (Mack), trustee for the Lamb Mooie Trust, or Wayne R. Tanaka (Tanaka), also listed as trustee and the one who signed the affidavits, filed the motion. Whatever the case, the moving party, in pro per, has requested that the Court issue an order to show cause re: contempt against Defendant Julio Torres (Torres). It appears that the moving party has moved for this order pursuan...

Excerpt: ...o, Erick Carrasco, and others. Saroyan dismissed the Carrascos on December 19, 2023. On December 26, 2023, the Carrascos each filed a memorandum of costs, each requesting $2,051.64 in costs. On January 12, 2024, Saroyan filed motions to tax costs. “A ‘verified memorandum of costs is prima facie evidence of the propriety' of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasona...

Excerpt: ...Defendants”) RESPONDING PARTY: Plaintiff David Seyde (“Seyde”) The Court has considered the moving, opposition and reply papers. THE MOTION On March 7, 2024, Moving Defendants filed the instant motion (the “Motion”) to disqualify the law firm of Miller Barondess LLP (“Miller”) from any further representation of Plaintiff and Cross -Defendant Seyde and Cross -Defendant Porter 24, LLC (“Porter”). On April 4, 2024, Plaintiff Seyde ...

Excerpt: ...roduction of documents on plaintiff Dwayne Flowers (“Plaintiff”) on May 2, 2023 1. To date, Plaintiff has not served responses. Defendant therefore seeks an order compelling defendant Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. In opposition, Plaintiff's counsel submits a request for a continuance on the motions to compel on the grounds that Plaintiff's counsel is unable to ascertain the status...

Excerpt: ...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 giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., ...

Excerpt: ..., “Defendants”): On March 23, 2021, Plaintiff received a final judgment in case no. 19PSCV01164 entitled OR CONSTRUCTION, INC. vs EMAN TANAGHO . [1] However, to prevent Plaintiff's from collecting their claim, Eman transferred certain real property to her children, Jamil and Michael. [2] On February 9, 2023, Plaintiff filed suit asserting the following causes of action (COAs): 1. Set Aside Fraudulent Transfer 2. Conspiracy On October 19, 2023...

Excerpt: ... moves to strike, or in the alternative, tax costs claimed by Plaintiffs Luis Sanchez (“Luis”) and Lauren Sanchez (“Lauren”) (collectively, “Plaintiffs”) on the ground that many of the costs Plaintiffs claim are not recoverable or are otherwise unreasonable. (Notice Motion, pgs. 1 -2; C.C.P. §§1032, 1033, 1033.5 et seq.) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Ac...

Excerpt: ...on against defendant Manfield and Associates ("Defendant') for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust Plaintiff now seeks to strike Defendants orthopedic experts on the grounds that it is cumulative. Defendant opposes the motion, and Plaintiff filed a reply. Defendant also filed a motion for leave to amend/augment its expert witness designation. The Court had advanced the hearing to ...

Excerpt: ...assan Mirza Mousa Al -Sulaimi's Motion to Strike Complaint and for Monetary Sanctions Against City of Knowledge and their Counsel is DENIED. Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Motion to Expunge Lis Pendens is GRANTED. Furthermore, Defendant Estate of Mirza Hassan Mirza Mousa Al -Sulaimi's Request for Statutory Attorney Fees and Costs Against Plaintiff is GRANTED in the red uced amount of $1,252.50, payable in thirty (30) d...

Excerpt: ...vil Procedure §425.16 is DENIED. BACKGROUND Plaintiff Christine McCaslin is a hair stylist who owns a business in Los Angeles County known as Salon Touché. Plaintiff alleges Defendant Philip Godlewski posted her contact information and her business information to his over 300,000 Telegram social media followers and encouraged them to leave negative reviews about Salon Touché and harass Plaintiff personally. As a result of Defendant Godlewski's...

Excerpt: ...) filed the instant action against Defendant TPG Pressure, Inc. (“TPG”) for breach of contract and common count – goods and services rendered. On June 14, 2023, Defendant TPG filed a Cross -Complaint against Epic and Omni (“Omni”) Logistics, LLC. This case arises from TPG retaining Epic to provide carriage of products from ports outside the United States to destinations within the United States by ocean carriage. On August 23, 2023, Def...

Excerpt: ...ete Responding Party: Defendant/Cross -Complainant Derek Keane Motion to Set Aside Order Dated October 3, 2023 The court has considered the moving papers and opposition. No reply was received. The court on its own motion reconsiders its October 3, 2023 order. Consequently, the October 3, 2023 order is VACATED , and Keane's motion to compel filed on May 15, 2023 is DENIED as moot. Background Plaintiff Lafayette Apt. Associates, L.P. (hereinafter �...

Excerpt: ...iled on August 22, 2023. Plaintiff alleges that Defendant's principal misappropriated confidential and sensitive personal information belonging to Plaintiff's claimants. Plaintiff moves to file an exhibit accompanying a declaration in support of Plaintiff's pending Motion for Default Judgment and Permanent Injunction under seal. TENTATIVE RULING: Plaintiff moves to file Exhibit B of the Declaration of Michael Kunkel in Support of Plaintiff's pend...

Excerpt: ...��early 2021” to establish a business relationship, whereby Lee would work with Kim at an existing establishment owned and operated by Kim, and identified as Star Night. Kim alleges De fendant proposed the joint venture in order to improve revenue at Star Night given Lee's prior operation of a similar restaurant business lost to a fire. Lee purportedly represented to offer certain proprietary “secret” recipes and “restaurant management kn...

Excerpt: ...riana Sinai Sanchez Tinoco (“Plaintiff”) and defendant Sara Rincon (“Defendant”) were involved in a motor vehicle collision. (Complaint pp. 4 –5.) Plaintiff alleges that she thereby sustained injuries. (Id. at p. 5.) On October 13, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) motor vehicle negligence and (2) general negligence. On August 16, 2023, Defendant fil...

Excerpt: ... Penal Code §496(c). 2. Motion to Compel (FROGs) a. History of Discovery Dispute as Detailed in Moving Papers Plaintiff propounded RFAs, set three and FROGs, set two on Defendant on 12/05/23. On 1/08/24, Defendant served responses to the RFAs, in which Defendant denied each of the RFAs propounded. Defendant also served responses to the FROGs, but the responses did not include a response to FROG 17.1, which asks for information supporting each de...

Excerpt: ...ase arises out of alleged acts of sexual assault that Plaintiff suffered as a child while participating in Explorer Post of the Whittier Police Department. Defendants The City of Whitter and Charles “Chuck” Drylie move for an order Compelling Plaintiff's Independent Mental Examination. Objections Defendant's Objections Nos. 1- 9 to Plaintiff's opposition are OVERRULED. Legal Standards “Any party may obtain discovery … by means of a physic...

Excerpt: ...ear the Adams Exit on the 101 North Freeway in Los Angeles. In Case No. 21STCV23847 (the “Marinero Action”), Plaintiffs Luis Felix Marinero, Ana Rodriguez, and Nathaly Rodriguez filed a complaint on June 28, 2021, asserting causes of action for negligence and negligence per se against Defendant Angelica Bianca Diaz (“Diaz”) and Does 1 through 25. Diaz filed her answer on August 20, 2021. In Case No. 21STCV24492 (the “Smith Action”), P...

Excerpt: ...s and for Discovery Sanctions and Declaration of Mark Henry Shafron in Support Thereof Moving Party: Plaintiff Hector Gonzalez Resp. Party: None SUBJECT: Motion to Deem Admissions, Admitted for Failure to Respond to Request for Admissions, Set One and for Attorney's Fees and Costs in the Sum of $2,060.00 as and for Discovery Sanctions and Declaration of Mark Henry Shafron in Support Thereof Moving Party: Plaintiff Hector Gonzalez Resp. Party: Non...

Excerpt: ...rand. Third party Catrone Freight Logistics coordinated the importation of the shipment(s) from the Port of Long Beach and storage of the merchandise from the with defendant Empire Container Freight Station, Inc. While Plaintiff utilized the services of Defendant, beginning in 2017, Plaintiff began to discover missing merchandise appearing for sale on eBay. When Plaintiff confronted Defendant, a counter demand for $732,915.50 in storage charges w...

Excerpt: ...plaintiffs, though not all plaintiffs, in this coordinated proceeding have been resolved. Walsh Decl. Ex. 2. That agreement, while prolix, constituted a w ritten settlement agreement of a plaintiff's claims subject to various valuation processes to determine the amount of such claim. Walsh Decl. Ex. 1. It specifically provided on the final page, directly above Edison's signature, as follows: N. Enforceability And Disputes Over Interpretation of t...

Excerpt: ...haun Sharabi, Trace Rucarean, Patrick Butler, Michael Cavaleri, and Jeremy Nicholson. This case was later related to fifteen other cases: 24STCV02767, 24STCV02782, 24STCV02797, 24STCV02805, 24STCV02933, 24STCV02935, 24STCV02936, 24STCV02937, 24STCV02942, 24STCV02950, 24STCV02955, 24STCV02961, 24STCV02968, 24STCV03051, and 24STCV03097. On March 29, 2024, Defendants filed a motion to consolidate. PROCEDURAL ISSUES A Notice of Motion containing a li...

Excerpt: ...ng the time and scope of the subpoenas TENTATIVE RULING: Defendant Eric Weinberg and Guitar and Pen Productions, Inc.'s motion to quash subpoenas on Blue Tiger Recovery; Omar Minwalla, Ph.D at the Institute for Sexual Health; Marilyn Ruman, Ph.D.; and Sharon O'Hara, MFT is GRANTED . STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On September 12, 2023, Plaintiff S.T. (“Plaintiff”) filed a complaint against Defendants Eric Weinberg (“Wei...

Excerpt: ... complaint, Plaintiff alleges the following causes of action: (1) breach of contract, (2) tortious breach of the implied warranty of habitability, (3) violation of Civil Code section 1942.4, (4) unlawful and unfair business practices, (5) violation of Civil Code section 1942.5, (6) intentional infliction of emotional distress, and (7) violation of Civil Code section 51. On July 6, 2023, Plaintiff served Defendant with requests for admission (RFAs...

Excerpt: ... not opposed. The defendant served this motion by mail and email on March 21, 2024 (03/21/24 proof of service). Defendant's request for judicial notice of the complaint filed January 22, 2024 and Exh. A thereto is GRANTED, as it is a court document under Evidence Code 452(d). The court does admit the documents for their truth. Code of Civil Procedure section 410.30 states: “(a) When a court upon motion of a party of its own motion finds that in...

Excerpt: ...rovides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered i...

Excerpt: ...gainst Defendants Ron Reitshtein and Youngman Reitshtein, PLC (jointly, “Defendants”) On March 28, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC alleges causes of action for (1) professional negligence, (2) breach of fiduciary duty, (3) intentional misrepresentation, and (4) negligent misrepresentation. In the FAC, Plaintiff alleges, inter alia , that “Plaintiff was the Petitioner in a divorce action occur...

Excerpt: ... the moving, opposition, and reply papers. BACKGROUND This action arises out of an employment relationship between Plaintiff and Defendants. Plaintiff's Complaint alleges: (1) sexual harassment; (2) failure to prevent harassment; (3) retaliation; (4) wrongful constructive termination; (5) intentional infliction of emotional distress; and (6) representative action for civil penalties pursuant to the Private Attorney General Act (“PAGA”). With ...

Excerpt: ...Complaint alleging three causes of action against George Cashman Jr. (Cashman/Defendant), Cynthia C. Makin, and the GFC Administrative Trust. The Compl aint stemmed from an alleged breach of the “Declaration No. 150 of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens, Charges and Certain Local Restrictions” (CCRs), when Plaintiff discovered that a fence extends beyond Plaintiff's permitted easement in...

Excerpt: ...een received. The court GRANTS Defendant Sergio Rodriguez Vasquez's motion for judgment on the pleadings on the ground that the complaint is barred by the doctrine of collateral estoppel. Background Plaintiff Norma Angelica Farias (“Plaintiff”) initiated this action on October 24, 2022 against Defendant Sergio Rodriguez Vasquez (“Defendant”) alleging causes of action for: (1) Unjust Enrichment; (2) Negligent/Intentional Infliction of Emot...