Excerpt: ...mon counts. Now, Defendant moves to compel arbitration of Plaintiff's Complaint. The motion is unopposed. Legal Standard Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that… grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission a...

Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...

Excerpt: ... -C31 Nordhoff Street Limited Partnership (“Owner”) filed a cross -complaint against Gabriel Hernandez, dba Prime Construction Services (“Prime”), (“General Contractor,)” for declaratory relief, equitable indemnity, contribution and for express indemnity. On December 18, 2023, the Court entered a final order on the motion of Owner for summary adjudication of the cause of action for contractual indemnity. The Court held only that if a ...

Excerpt: ...S 1 through 20 inclusive, for (1) Breach of Contract and (2) Common Counts. Defendant DAVID KIM (Defendant Kim) moves for judgment on the pleadings on Plaintiff's Complaint on the grounds that the Complaint does not state facts sufficient to constitute a cause of action against him. The Court has considered the moving, opposition, and reply papers. Meet and Confer Pursuant to Code of Civil Procedure (CCP) section 439, a motion for judgment on the...

Excerpt: ...n 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (A)(3) of Civil Code section 1793.2; (4) breach of the implied warranty of merchantability; (5) negligent repair; and (6) violation of the Magnuson-Moss Warranty Act. Now, Defendants move for a judgment on the pleadings. Discussion Defendant moves for a judgment on the pleadings arguing: (1) Plaintiffs first four causes of action are barred becau...

Excerpt: ...KGROUND This is a childhood sexual abuse case pursuant to Code of Civil Procedure section 340.1. On March 30, 2022, Plaintiff filed a complaint. On May 4, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of ac tion for: (1) negligence; and (2) negligent hiring, retention, and supervision. On June 16, 2022, Defendant filed its answer. DISCUSSION California Code of Civil Procedure section¿4...

Excerpt: ...rtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any plead...

Excerpt: ... May 8, 2023. Plaintiff alleges the following facts. Defendant requested that Plaintiff supply fog lamps for electric vehicles. Plaintiff incurred expenses in manufacturing the fog lamps. However, Defendant delayed productio n of the vehicles and ultimately reneged on its agreement. Plaintiff demanded that it be compensated for the capital expenditures made in reliance on Defendant's order. Defendant first agreed to make installment payments, and...

Excerpt: ...rdirossian Akaragian LLP Joinder by Defendant Gerald Kroll Tentative Ruling: The Motion for Leave to File a First Amended Complaint and First Amended Answer to the Cross -Complaint is denied. This is an action for declaratory relief. On April 4, 2023, Plaintiff Christopher Chong (Plaintiff or Chong) filed the instant action for declaratory relief, seeking – in relevant part – a judicial declaration that Mardirossian Akaragian LLP's (Defendant...

Excerpt: ...hat Nissani's and Sarraf's personal guaranty agreements “are void because they are the product of forgery and were never agreed to by Nissani or Sarraf.” (Id., ¶ 32.) Defendants' motion relies on the incorrect premise that their proposed cause of action for cancellation of instruments is a compulsory crossclaim. If correct, that would limit the court's discretion to deny leave to amend. When a party fails to timely bring compulsory crossclai...

Excerpt: ...arza (“Esparza”) filed the complaint in Case No. 22STCV21496 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV298...

Excerpt: ...of documents/inspection demands to information/evidence that directly proves or disproves the elements of the causes of action pl ed in Plaintiff's Complaint, pursuant to CCP 2017.020, and/or (2) limiting or restricting the frequency/extent/number of requests for production of documents Plaintiff may utilize, pursuant to CCP 2019.030. Additionally, Food 4 Less requests an order imposing sanctions jointly on Plaintiff and her counsel of record, Ru...

Excerpt: ...inst Defendant Ven- Ghee Koh, an individual DBA Win Way Academy alleging damages of $37,862.48, with interesting continuing to accure on the past due rent. On May 18, 2023, default was entered against Defendant. On July 18, 2023, default judgment was entered against Defendant in the amount of $48,039.08. On January 5, 2024, Defendant filed a motion to set aside default and default judgment, which the court on January 30, 2024, the court denied wi...

Excerpt: ...tive. In 2003, Kassan founded the strategic advisory firm MediaLink LLC (“MediaLink”). In 2021, United Talent Agency LLC (“UTA”) MediaLink, and Kassan entered into the Partner Services Agreement (the “PSA”) for UTA's acquisition of MediaLink. The PSA contains restrictive covenants for noncompetition and nonsolicitation. As part of the acquisition, Kassan remained CEO of MediaLink and became a partner at UTA. After joining UTA, allege ...

Excerpt: ...dant/Cross -Complainant Norberto Fregoso and Defendant Complete Industrial Repair, Inc.'s Motion for Sanctions Against Plaintiff/Cross - Defendant Abel Nevarez. I. Background A. Pleadings Plaintiff Abel Nevarez sues Defendant Norberto Fregoso, Complete Industrial Repair, Inc., and Does 1-15 pursuant to a September 8, 2022 First Amended Complaint (FAC) alleging claims of (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Im...

Excerpt: ... DEFENDANT LANDRY DESIGN GROUP INC.'S MOTION FOR SUMMARY ADJUDICATION Date: May 15, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant Landry Design Group Inc. (“Moving Defendant” or “LDG”) RESPONDING PARTY: Plaintiff Ted Waitt, Trustee of The Nightingale Trust dated November 1, 2017 (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND On June 29, 2021, Plaintiff filed a Complaint against Defen...

Excerpt: ...nsportation, California Highway Patrol (“CHP”), the Los Angeles County Metropolitan Transportation Authority, the City of Long Beach, the County of Los Angeles, Kenny's Auto Service, II, and John Doe on June 2, 2021. On July 11, 2023, CHP filed the instant motion for summary judgment. The motion is unopposed. LEGAL STANDARD A motion for summary judgment or adjudication provides “courts with a mechanism to cut through the parties' pleadings ...

Excerpt: ...ear by LACourtConnect rather than in person due to the COVID-19 pandemic. On June 1, 2022, Plaintiff Diego Mejia Duarte filed the operative Complaint for violations of the PAGA against Defendant Apple, Inc. Defendant now moves for summary judgment on the ground that Duarte does not have standing because he did not suffer any Labor Code violations. Specifically, Defendant argues that “Plaintiff identified the following items that he claims shoul...

Excerpt: ...n Patel, and Defendant Miguel Soltero CASE HISTORY : · 01/31/22: Complaint filed. · 03/21/23: Cross-Complaint filed by 360 Capital Ventures and Sachin Patel as to Plaintiffs and as to Cross -Defendant Rosalind Wang · 04/13/23: First Amended Complaint filed. · 07/27/23: First Amended Cross-Complaint filed. · 11/06/23: Cross -Complaint filed by 360 Capital Ventures, Sachin Patel, and Bayside Builders inc. as to Hudson Insurance Co. STATEMENT O...

Excerpt: ...��Plaintiff”) filed this action against defendants Hamza Krofess and Does 1 to 50 for damages arising from a motor vehicle accident. Plaintiff filed amendments to complaint naming Raiser LLC as Doe 1, Raiser-CA LLC as Doe 2, and Raiser – DC LLC as Doe 3. On March 4, 2024, Raiser LLC and Raiser -CA LLC (collectively, “Raiser”) filed a motion to have its request for admissions (“RFAs”), set two, be deemed admitted against Plaintiff. On ...

Excerpt: ...Garcia and Esperanza Garcia filed this action against Defendant Luzelena Ruffalo. The Complaint alleges the following causes of action: C/A 1: Financial Elder Abuse C/A 2: Order Cancelling Instrument C/A 3: Constructive Trust The Complaint alleges the following. On June 17, 1997, Plaintiffs purchased the real property ("Property") commonly described as 2743 Flower 14 Street, Huntington Park, CA 90255. Plaintiffs took title to the Property...

Excerpt: ...s Court to amend the judgment in this matter entered on February 1, 2024, against Respondents Manuel Bernal (“Manuel”), Bernal Capital Group (“BCG”) and 702 Saint Andrews, LLC (“Seller”) (collectively “Respondents”) to include Albert Bernal (“Albert”) as a judgment debtor on the grounds Albert (i) is a general partner of Respondent and judgment debtor BCG; (ii) is the alter ego of Respondent and judgment debtor BCG; (iii) is t...

Excerpt: ...��Avalon”) operates a mental health care and drug rehabilitation facility in Malibu, California (the “Facility”). Colorado Bankers Life Insurance Company (“CBL”) provides financing to Avalon and is secured by a first lien on virtually all of Avalon's assets. Avalon defaulte d on its debt to CBL by failing to make payments as they come due and failing to pay the accelerated balance. The other Defendants – New Vista Behavioral Health LL...

Excerpt: ...his is a premises liability negligence case. On December 2, 2020, plaintiff Mary Howard (“Plaintiff”) “fell in a recessed painted and camouflaged area of the asphalt” in the parking lot of a shopping center maintained by defendant El Camino Shopping Cente r, LLC (“Defendant”). (Complaint p. 4.) On November 10, 2022, Plaintiff initiated this lawsuit by filing a form complaint (the “Complaint”) alleging causes of action for (1) negl...

Excerpt: ...MARY OF ACTION AND ANALYSIS Plaintiffs Frankie Fuentes and Melquiades Martinez (Plaintiffs) move for an order approving the settlement agreement between them and Defendant Design Masonry, Inc. (Defendant). This is an employment law case that stems from Defendant's alleged failure to pay minimum wages, overtime wagers, to provide rest periods, to provide meal periods, to pay all wages earned, to indemnify, and to furnish accurate itemized wage sta...