Excerpt: ... 4th Cause of Action for Negligent Hiring, Supervision, and Retention · 5th Cause of Action for Breach of Mandatory Duty RULING : Demurrer is sustained with leave to amend SUMMARY OF ACTION Plaintiff Arif Marwan Halaby (Plaintiff) alleges that on March 14, 2022, a teacher at a Defendant Los Angeles Unified School District (Defendant) middle school verbally assaulted Plaintiff and then physically assaulted him by grabbing Plaintiff by his neck . ...

Excerpt: ...read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ABLT filed the Complaint against Defendants National, Kindt, and Gleich, on January 8, 2024, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which they leased the Vehicle from ABLT's assignor. Defend...

Excerpt: ...rer to the entire FAC as to Defendant Vargo is sustained with leave to amend. The demurrer to the fourth cause of action for civil theft is sustained with leave to amend and overruled as to the second cause of action for conversion. Plaintiffs are granted 30 days leave to amend. The court continues the Case Management Conference to, and sets the OSC RE: Amended Complaint for, May 30, 2024, at 8:30 a.m. Moving party to give notice. BACKGROUND On A...

Excerpt: ...ULING The application for determination of good faith settlement is GRANTED. The court ORDERS that in this action and all related actions, all present claims and cross-complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on com parative negligence or comparative fault against Avis Budget Car Rental LLC be and are dismissed with prejudice. Any...

Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...

Excerpt: ... causes of action arising from Plaintiff's employment with Defendants. On May 5, 2023, Plaintiff filed his First Amended Complaint. On November 9, 2023, the Court deemed admitted certain requests for admission (“RFAs”). On March 20, 2024, Defendant Edgebanding Services, Inc. (“Defendant”) filed its Application for Relief from November 9, 2023 Order Granting Plaintiff's Motion to Deem Requests for Admissions Admitted (“Motion for Relief ...

Excerpt: ...d and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendants National, Kindt, and Gleich, on December 4, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which Bank's assignor would finance the purchase of the Vehi...

Excerpt: ...d April 11, 2024 RELIEF REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Creditors Adjustment Bureau, Inc.'s (“Plaintiff”) claim that Defendant Edgar J. Guttierrez (“Defendant”) owes an outstanding sum of $16,505.58 for credit card charges and $9,903.83 for a line of credit. Plaintiff filed this complaint on September 11, 2023, alleging one cause of action for breach of contract. TENTATI...

Excerpt: ... an offer of proof if so. Background Plaintiff Flossie C. Parungao (“Plaintiff”) alleges as follows: Plaintiff and Wilfred T. Co aka Winnifredo T. Co (“Co”) are siblings. In June 2004, Plaintiff located and negotiated the purchase of the property located at 302 S. Loraine Ave., Glendora, California 91741 (“Property”) to serve as her residence. Co offered to assist Plaintiff with the purchase of the subject property. Plaintiff and Co a...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a family business dispute. On November 15, 2023, plaintiffs Jesse Hirezi (Jesse), an individual and as Trustee of the J & R Hirezi Family Trust of April 20, 2015, Randa Hirezi (Randa), an individual and as Trustee of the J & R Hirezi Family Trust o f April 20, 2015 (collectively, Plaintiffs) filed this action against defendants Hanna Bishara ...

Excerpt: ...Amended Complaint (“FAC”). The Court OVERRULES the demurrer. Background This is a landlord- tenant case. The following facts are taken from the allegations in the FAC. Defendants owned or managed (it is unclear which) a four -unit residential rental property located at 720 -722 West 79th Street, Los Angeles, California 90044 (the “Property”). Plaintiffs were tenants at the Property during various time periods. Plaintiffs allege that Defen...

Excerpt: ...logies, LLC, a separate entity 50% owned by Flyer Technologies. In 2000, Flyer Technologies entered into a joint venture agreement with Marvin Engineering Co., Inc. for a project involving the developments and sale of lightweight tactical all- terrain vehicles to the United States Marine Corps. Flyer agreed to license its intellectual property to Marvin Engineering, and transferred its subsidiary, Flyer Defense, LLC. Flyer Technologies retained a...

Excerpt: ...e arises out of Ziming He's (“Plaintiff”) claim that Defendant Wing Ho (“Defendant”) breached a contract where Defendant agreed to pay Plaintiff $211,172.74 to build an accessory dwelling unit (“ADU”). Plaintiff filed a first amended complaint (“FAC”) on March 21, 2023 alleging one cause of action for breach of contract. TENTATIVE RULING Defendant's motion for attorney's fees is GRANTED for a total of $24,395.00. LEGAL STANDARD �...

Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...

Excerpt: ...ities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite being unable to conform the vehicle to the express warranties after a reasonable amount of ti...

Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...

Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...

Excerpt: ...tion for leave to submit tardy expert witness information under Code of Civil Procedure sections 2034.710 and 2034.720. Trial is currently scheduled for May 1, 2024. No opp osition has been filed. LEGAL STANDARD Code of Civil Procedure section 2034.710 states the following: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that in...

Excerpt: ...y judgment in Defendant Balenciaga's favor for the entire Complaint; 2. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Plaintiff was not subjected to intolerable or aggravated working conditions and a reasonable person in Plaintiff's position would not have resign ed; 3. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Pla...

Excerpt: ...zanne M. Curtis filed a complaint against Defendants AIG American General Assurance Company, American General Assurance Company, American International Group, Inc., Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company, L. Dorais, and Brian Forsyth for breach of contract and fraud. Plaintiff dismissed AIG American General Assurance Company on January 17, 2023. Defendants Transamerica Life Ins. Co and Transamerica Premie...

Excerpt: ...II (Morgan) in numerous legal matters. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum ...

Excerpt: ...h an option to purchase 2115 N. Upper Krest St., Los Angeles. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (“DMIF”) had foreclosed on a second d eed of trust. Also, Defendant DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as a strawman or alter ego. Plaintiff's causes of action are: 1) Fraud; 2) Violation Of Anti-Harassment Or...

Excerpt: ...ether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to ...

Excerpt: ...ving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Defendants are ordered to lodge a proposed judgment. BACKGROUND On September 28, 2021, plaintiff Oscar Austen Reyes (self -represented) filed a complaint against LA Smiles Dentistry, All in One Dental, Moshe Ezidi, Pedram Sooferi, and Pedram Sooferi, D.D.S.,...

Excerpt: ... Jovontay Williams is dismissed without prejudice from the First Amended Complaint. Plaintiff Williams never filed or signed the pro per complaint. The Demurrers filed by Defendants Burton and Pension Plan are SUSTAINED without leave to amend. The OSCs are discharged. The Court sets an OSC Re: Imposition of Sanctions for Failure to Timely Request Entry of Default as to Defendants Funding Rush, Inc., Asset Default Management, Inc. and Lil Wave Fin...

Excerpt: ...rative hearing relating to allegations of sexual misconduct. The court (Beckloff, J.) denied the writ and entered judgment in favor of Respondents. Petitioner filed a timely appeal, and the District Court of Appeal, Division Five, affirmed the judgment. Now, Respondents seek to amend the judgment to enter costs in the amount of $5,813.70, and to include Petitioner's true name on the judgment. The motion is granted in part and denied in part. A. C...

Excerpt: ...ollowing causes of action: (1) discrimination; (2) hostile work environment; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodation; (5) failure to engage in the interactive process; (6) failure to prevent discrimination, harassment, and retaliation; (7) negligent hiring, supervision, and retention; (8) wrongful termination in violation of public policy; (9) breach of express oral contract; (10) breach of implied -i...

Excerpt: ...Gender); 3. FEHA Discrimination (Disability); 4. FEHA Fa ilure to Accommodate Disability; 5. FEHA Failure to Engage in the Interactive Process; 6. FEHA Retaliation; 7. Violation of the California Family Rights Act (CFRA); 8. Retaliation in Violation of the California Family Rights Act (CFRA); 9. FEHA Failure to Take All Reasonable Steps to Prevent Discrimination, Harassment, and/or Retaliation; 10. Violation of Lab. Code § 1102.5; 11. Violation ...

Excerpt: ...dural History On July 20, 2020, Plaintiff Aria Resort & Casino Holdings, LLC (ARC), a Nevada limited liability company, filed an application for entry of judgment on sister -state judgment. The application involved a $145,578.82 Nevada state court judgment in favor of Pl aintiff ARC as against Defendant Han Yeo, an individual residing in Glendale, California. That same day, the Clerk entered the sister -state judgment against Defendant Yeo. Later...

Excerpt: ...”) to access the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Hold...

Excerpt: ...rtfolio III LLC; and Northland THEA IV LLC (collectively, “Plaintiffs”) filed this action on December 15, 2023 against Defendants Ashley Wynn and Chelsea Wynn (jointly, “Defendants”). The Complaint alleges one cause of action for breach of lease. Defendants appear to demur to the Complaint. Defendants also appear to move to strike the Complaint. [1] Plaintiffs oppose both. Discussion As an initial matter, to the extent Defendants demur to...

Excerpt: ... complaint alleges that Plaintiff entered into an oral agreement with Defendants to provide packaging for Defendants' tea product in exchange for $58,462.80. Defendants have allegedly failed to pay the balance of $30,082.80. On March 13, 2024, Defendants Dr. Sebi's Office, Inc. (DSOI) and Agustin Ruiz Miller (Miller) filed the instant demurrer to the complaint. Plaintiff filed its opposition on April 4, 2024. Defendants filed their reply on April...

Excerpt: ... filed their First Amended Complaint (“FAC”) [1] against Defendants SM.Kan Inc. dba 101 Sushi Roll and Grill (“Sushi 101”) and individual Defendant Sungmin Jeon (“Jeon”) [2] asserting the following causes of action: (1) Failure To Pay Overtime Wages In Violation Of Labor Code § 204, 510 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Meal Periods In Violation Of Labor Code §...

Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...

Excerpt: ...an Sr. (Plaintiff) was working at Defendant G4S Solutions (USA) Inc. (Defendant). On 12/13/22, Plaintiff, representing himself, filed this action against Defendant claiming that while at work Plaintiff was assaulted and battered causing Plaintiff to sustain physical and emotional injuries. Plaintiff also claims that he experienced workplace discrimination and gross negligence by Defendant . Although not entirely clear, it appears that Plaintiff i...

Excerpt: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges wage and hour violations and termination in retaliation for complaining about his supervisor, Defendant Lee, smoking in the workplace. Defendants filed a Cross-Complaint alleging that Plaintiff/Cross -Def...

Excerpt: ...self -represented litigant, filed a complaint against Defendant LAPD Officer Jaime Morales (“Morales”). On November 30, 2022, Plaintiff filed the Second Am ended Complaint (SAC). The SAC alleged that Plaintiff posted a poem to her private Facebook page, and the next morning, on December 14, 2021, police officers came to her house to conduct a welfare check. (SAC, p. 10.) The officers took her to be evaluated. Plaintif f sues the LAPD and Offi...

Excerpt: ... is becoming more like a business and less like a profession. We decry any such change, but the profession itself must chart its own course. The legal profession has already suffered a loss of stature and of public respect. This is more easily understood when the public perspective of the profession is shaped by cases such as this where lawyers await the slightest provocation to turn upon each other. Lawyers and judges should work to improve and ...

Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...

Excerpt: ...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 factual basis fo...

Excerpt: ...nant of Good Faith and Fair Dealing · 6th Cause of Action: Constructive Wrongful Discharge · 7th Cause of Action: Unjust Enrichment · 8th Cause of Action: Theft by False Pretense SUMMARY OF ACTION Plaintiff Kelly Soojin Kim alleges Defendant Jason Lee approached her in “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 ...

Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...

Excerpt: ...alty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient seda tion and anesthesia was provided”. (Second Amended Complaint (“SAC”) ¶23.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the su rgery a...

Excerpt: ...IVE] RULING Action Filed: 03/03/22 [1st Amended Complaint Filed: 02/27/23] Trial Date: 10/24/24 Hearing date: 04/17/24 Moving Party: Defendant Department of Social Services Responding Party: Plaintiffs A.B., a minor, C.D., a minor, E.F., a minor, G.H., a minor, by and through their guardian ERICKA ROSAL Defendant's The Court considered the moving papers, opposition, and reply. The Defendant Department of Social Services' Demurrer to Plaintiffs' S...

Excerpt: ...Factual On January 2, 2024, Plaintiff Dwain Sutherland (“Plaintiff”) filed a Complaint against Defendants Command Guard Services, Inc. (“Command Guard”), Jenard Earnest Ainsworth (“Ainsworth”), Renaissance Homeowner's Association (“Renaissance HOA”), and Ross Morg an & Company (“Ross Morgan”) for (1) negligence, (2) negligent supervision, (3) negligent hiring, and (4) battery. The Complaint alleges the following facts: On ...

Excerpt: ...laintiff Kate Richardson (Plaintiffs) filed suit against her employer, Defendant Wear it to Heart, Inc. for (1.) Wrongful Termination in Violation of Public Policy, (2.) Sexual Harassment in Violati on of FEHA – Hostile Work Environment (Cal. Govt. Code § 12940(j)), (3.) Failure to Prevent Discrimination, Retaliation, and/or Harassment in Violation of FEHA (Cal. Govt. Code § 12940(k)), (4.) Labor Code Section 98.6, (5.) Retaliation in Violati...

Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. TENTATIVE RULING The motion to compel arbitration and stay proceedings is GRANTED as to Plaintiff's individual PAGA claim and Plaintiff's individual wage and hour claims. Plaintiff's representative PAGA claim shall remain i...

Excerpt: ...ved 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 th e 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., § 2025.450, subd. (a). ) “A motion under subd...

Excerpt: ...d objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e 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., § 2025.450, subd. (a). ) “A motion under subdivision (a...

Excerpt: ...S SET FOR MAY 15, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Kareen Rowtham (“Defendant”) on January 13, 2021. Defendant filed an answer and cross- complaint against Cross-Defen dant Cole Michael Cornan (“Cross - Defendant”). On July 13, 2022, Plaintiff filed a co...

Excerpt: ...laintiff”) filed a Complaint against Defendants, Searock PVE, LLC, Pinky Khan, Ahmad Khan, Tiffany Kawata, Murat Mese, and DOES 1 through 100. The Complaint alleges causes of action for: (1) Intentional Mi srepresentation; (2) Negligent Misrepresentation; (3) Fraudulent Concealment; (4) Private Nuisance; (5) Invasion of Privacy, Intrusion into Seclusion; (6) Intentional Infliction of Emotional Distress; (7) Breach of Implied Warranty of Habitab...

Excerpt: ...., Inc. BACKGROUND This is a lemon law action. On September 30, 2022, Plaintiffs Yuridia Ledesma and Ofelia Arambula filed a complaint against Defendant American Honda Motor Co., Inc. for violation of Song -Beverly Act – Breach of Express Warranty. Plaintiffs entered into a warranty contract with American Honda Motor Co., Inc . regarding a 2020 Honda Accord. Plaintiff alleges Defects and nonconformities to warranty manifested themselves includi...

Excerpt: ...t Mulgrew Aircraft Components, Inc. Motion to Strike Cross-Complaint The court considered the amended moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Plaintiff and cross -defendant David Maijala (“Maijala”) moves the court for an order striking the Cross -Complaint filed by defendant and cross -complainant Mulgrew Aircraft Components, Inc. (“Mulgrew”) on December 7, 2023 as untimely. “If a party doe...

Excerpt: ... and Ho Seong Lee (collectively, Plaintiffs) filed this action against defendants Nicholas Simmons (Nicholas), Cathy Simmons (Cathy) (collectively, Moving Parties), Prager Metis, CPAs (Prager), Genitrix Georges (Georges), and Does 1 to 10. On September 29, 2023, Plaintiffs filed a Second Amended Complaint (SAC), alleging causes of action for injury to real property, breach of contract (Nicholas and Cathy Simmons), intentional misreprese ntation/f...

Excerpt: ...professional negligence by, among other things, representing them in matters despite the existence of an undisclosed conflict. Defendants Yongduk Chung; JC&Company Law Corporation; JC&Company, Inc.; JC&Company PC; and JC&Company, LLP now move to strike portions of the Second Amended Complaint. Plaintiffs opposed. TENTATIVE RULING: Defendants' Motion to Strike is GRANTED without leave to amend. Defendants are to file an Answer to the SAC (as modif...

Excerpt: ...favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) “Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “If the items appearing in a cost bill appear to be prop...

Excerpt: ...iff filed suit against the City for (1) Premises Liability and (2) General Negligence. On December 29, 2022, the City filed a Demurrer, which the court sustained with 20 days leave to amend on 2/14/23 (as the complaint provided no bases of statutory liability as required by Government Code § 815). On June 15, 2023, the City filed the instant two discovery motions (and two more with scheduled hearings for 8/15/23). On July 7, 2023, the court in t...

Excerpt: ...ty”). Plaintiffs' causes of action in the First Amended Complaint (“FAC”) against Defendant Block are: (1) Wrongful Foreclosure; (7) Accounting; and (8) Unfair Business Practices. Plaintiffs' causes of action against both Defendants are: (2) Quiet Title; (3) Cancellation of Instrument; (4) Declaratory Relief; (5) Violation of Regulation Z of the Truth in Lending Act; and (6) Fraud. On 2/6/24, the Court denied Plaintiffs' ex parte applicatio...

Excerpt: ...er. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. D efendant's treatment was allegedly so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also purportedly disclosed to Plaintiff's friend, confidential details of the surgery. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for pr...

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

Excerpt: ...OUND This case arises from an employment dispute. Defendant Aurice Veloso was a long -time caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7 -8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11 -30.) The operative complaint alleges eleven claims for: (1) Elder Abuse; (2) Intentional Infliction of Emotional Distress; (3) Negligent Inflicti...

Excerpt: ...HER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS ARE CONTINUED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers. No opposition was filed. BACKGROUND On November 24, 2021, Plaintiffs Joel Bernknopf and John Lamorte sued Defendants ...

Excerpt: ...�) that Petitioner received an overpayment of unemployment insurance benefits. Respondent opposes the petition, which is denied. FACTUAL BACKGROUND On September 21, 2021, The EDD notified Petitioner that it determined he had been overpaid unemployment insurance benefits. [1] (AR 5.) The EDD found that “benefits were paid before it was known that you had earnings over $25.99.” (AR 5.) The EDD reported to Petitioner it had added a statutory pen...

Excerpt: ...nt action against Les Cohen, individually and as a Trustee of The Cohen Living Trust dated January 17, 2018 (“Cohen”); David Daneshrad, Esq.; Assaf Cohen, Esq., aka Jay Cohen; and Cohen and Daneshrad, LLP. The complaint asserts nine causes of action, five of which are alleged against Cohen: (a) the first cause of action for “fraud, deceit and concealment”; (b) the second cause of action for “fraud and deceit-for rescission and restituti...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ... corporation (the "Lewitt Hackman Defendants") move the court for an order striking the Complaint for Malicious Prosecution filed by Plaintiffs Reuven Justin Cypers aka Rory Cypers ("Cypers") and Residual Income Opportunities, Inc. ("RIO")(collectively, "Plaintiffs"). Discussion The operative Complaint comprises of a sole cause of action for malicious prosecution. As to Plaintiffs' sole cause of action, an acti...

Excerpt: ...e strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. Plaintiff Massamilano Valladares seeks to strike the Answer of Defendants Black Executive Security Inc. and George Flaviu Pop because they are unrepresented litigants. Motions to strike are used to challenge defects in the pleadings not subject to demurrer. Any party may move to strike the whole or any part of a pleading within the time allotted...

Excerpt: ...agraphs 1, 31, 43, and 45 and paragraphs 7 and 8 of the Prayer for Relief or Plaintiffs' claims to Declaratory Relief, Injunctive Relief, and Punitive Damages. The opposition was due April 4, 2024 and none was filed. Discussion Previously at the hearing on the demurrer to the original complaint, the Court sustained the demurrer to the third cause of action (COA) for declaratory relief. The Court granted leave to amend the third COA. However, Plai...

Excerpt: ...Galloway, Hanibal Design Carlisle, and Urban Bilial Carlisle for breach of contract, intentional misrepresentation, and financial elder a buse. Plaintiffs filed an amended complaint on January 19, 2024. Plaintiffs allege Ellen, who is 89 years old, purchased a 3 -bedroom condominium. David is Ellen's son. Plaintiffs further allege Constance befriended Ellen and Ellen considered Constance like a daughter. Constance informed Ellen she could act as ...

Excerpt: ...ge for dismissing a lawsuit, Defendant agreed to pay a total of $124,392.08 in monthly installments, subject to late fees. Aside from some payments, there remains an unpaid principal of $107,930.30. On April 18, 2023, the complaint was filed. [2] On June 2, 2023, default was entered against Defendant. On July 20, 2023, default judgment was entered against Defendant in the total amount of $113,623.29 ($94,955.81 in damages; $11,751.96 in prejudgme...

Excerpt: ...�� or “Plaintiff”) filed this action against Defendant AIDS Healthcare Foundation (“AHF” or “Defendant”). On October 9, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserted causes of act ion for: 1. Violation of Labor Code § 1102.5; 2. Violation of Health & Safety Code § 1278.5; 3. Violation of Business & Professions Code § 510; 4. Sexual Orientation Discrimination in Violation of Government Code § 12940...

Excerpt: ...t considered the moving papers, opposition, and reply. The motion is DENIED. The request for sanctions is also DENIED. Background On June 1, 2021, Plaintiff Angeline Brown (“Plaintiff”) filed the operative Complaint against Defendants Beverly Hills Properties, LLC, a California limited liability company; Donald T. Sterling Corporation, a California corporation; Rochelle Sterling, as Trustee of the Sterling Family Trust; The Sterling Family Tr...

Excerpt: ... for the wrongful death of her husband, Keith Perkins, due to the medical negligence of Defendants Prime Healthcare Centinela, LLC dba Centinela Hospital Medical Center (“Centinela”); Broderick J. Franklin, M.D. (“Franklin”); and Does 1 through 25. Centinela and Franklin filed their answers to the FAC on January 11 and June 9, 2023. On June 9, 2023, Franklin served Plaintiff with discovery, including Form Interrogatories (Set One) and Spe...

Excerpt: ...intiff Krystal Shin, by and through her parent and guardian ad litem (“GAL”) You Sun Jang (“Plaintiff”) RESPONDING PARTY: Defendant PlayCore Wisconsin Inc. (“Defendant” or “PlayCore”) NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendant PlayCore to produce further responses to Demand for Production No. 1, Set Two, without objection within 10 days, and imposing monetary sanctions in the amount of $2,400.00 aga...

Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...

Excerpt: ...lleged abuse took place in 1991 -1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action, as well as a related case filed by a third Jane Doe, as well as the two Doe plaintiffs here. Defendant Trevi filed the motion to compel further responses on October 17,...

Excerpt: ...g Plaintiff Brown an extension to provide responses by January 15, 2024, Plaintiff has failed to sewe responses to date despite defense counsel sending several follow-up correspondences. Defendant therefore seeks an order compelling Plaintiff Brown to respond, without objections, to the outstanding discovety and to pay sanctions. Any opposition was due on or before April 4, 2024; the motion is unopposed. 11. MOTION TO COMPEL For a motion to compe...

Excerpt: ...oy to Provide Further Responses to Defendant's Form Interrogatories, and Request for Sanctions [CRS# 1968]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Patricia Mascorro Monroy to Provide Further Responses to Defendant's Special Interrogatories, and Request for Sanctions [CRS# 9876]; Defendant American Honda Motor Co., Inc.'s Motion to Compel Plaintiff Gerardo Monroy to Provide Further Responses to Defendant's Special In...

Excerpt: ...ments; 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 conclusiv...

Excerpt: ...void unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of inconsistent adj udications. (See Todd -Stenberg v. Dalkon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978 -979.) Consolidation, however, is not a matter of right; it rests solely within the sound discretion of the trial judge. (Fisher v....

Excerpt: ...ct are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc. § 1048, subd. (a).) The purpose of consolidation is to enhance trial court efficiency by avoiding unnecessary duplication of evidence and the danger of incon...

Excerpt: ...es for this case (22STCV29506) and case numbers 23STLC07239 , 23IWSC01292, 23IWSC01646, and 23IWSC01291. Also on January 8, 2024, Seres filed a motion to consolidate case numbers 23STLC07239, 23IWSC01292, 23IWSC01646, and 23IWSC01291 to be heard on February 9, 2024. The Court continued the hearing to February 20, 2024. On February 9, 2024, Seres filed an answer. On February 20, 2024, the Court heard argument on its tentative ruling and continued ...

Excerpt: ...liability. City filed an answer on June 1, 2021. On December 15, 2021, Plaintiff filed an amendment to the complaint to name James W. Stewart, II (“Stewart”) as Doe 1. On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) asserting the same claims against the same defendants. On June 6 and 29, 2023, Stewart and City filed their answers to the FAC. On March 1, 2024, Stewart filed his motion for summary judgment. The motion is ...

Excerpt: ...mely response to a request for admission under Code of Civil Procedure section 2033.010, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants that party relief from the wa...

Excerpt: ...ounty of Los Angeles (“County”) and Los Angeles County Sheriff's Department (erroneously sued separately) for damages arising from Decedent's death while in Men's Central Jail at 441 Bauchet St., Los Angeles, CA, 90012. Plaintiff alleged the following causes of action: (1) negligence, (2) wrongful death, and (3) premises liability. On August 22, 2023, the Court granted County's motion for judgment on the pleadings with leave to amend within 2...

Excerpt: ... mandates. Now, specially appearing Doe Defendant Kristin Crowley (Defendant Crowley) moves to quash service of summons. Discussion Defendant Crowley, the Fire Chief of LAFD as of 3/25/2022 argues that service upon her was defective because Plaintiffs failed to personally serve her by personal service. "Personal Service" has been defined as the actual delivery of the papers to the defendant in person. (See Sternbeck v. Buck (1957) 148 Cal...

Excerpt: ...G PARTY: Defendants Marie Ilous and In Action Realtors, Inc. d/b/a Brad Korb Real Estate NOTICE: ok RELIEF REQUESTED: An order from this Court compelling Defendants Marie Ilous and In Action Realtors, Inc. to serve full, responsive, and complete verified responses, without objections to Plaintiffs' Request for Production, Set One, and imposing monetary sanctions in the am ount of $2,425.00. TENTATIVE RULING: The motion is deemed MOOT. The request...

Excerpt: ... as to Requests for Admission is granted. The Motions as to Requests for Production are denied. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On September 20, 2022, Plaintiffs Wei Chen, Weifeng International, Inc., and AIIC 17 YM Culver City, LLC filed the operative First Amended FAC (“FAC”) against Defenda...

Excerpt: ...18, Plaintiff filed a copy of its settlement agreement with Ayon with a request for dismissal and retention of jurisdiction under Code of Civil Procedure Section 664.6. The Court granted the request for dismissal with retention of jurisdiction on August 31, 2018. (Stip and Order for Settlement, 08/31/18.) Plaintiff filed the instant Motion to Vacate Dismissal, Enforce Settlement Agreement, and Enter Judgment on January 30, 2024. No opposition has...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...

Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...

Excerpt: ...action for violations of the Labor Code, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendants failed to pay him an hourly wage, only paid him a stipend, and failed to permit statutory breaks. When Plaintiff complained, Defendants retaliated by constructively terminating Plaintiff's employment. 10/31/2023 Default Entered 4/5/2024 Doe Dismissal Entered Plaintiff seeks damages and statutory penal...

Excerpt: ...ainst Attorney Karen Rooney is denied. Defendants Sara Van Horn (“Sara”) and Patrick Van Horn (“Patrick”) (collectively, “Defendants”) move for an order for an order to show cause why Plaintiff The Woman's Club of Hollywood, California's (“Woman's Club”) (“Plaintiff”) former counsel, Karen Roon ey (“Rooney”) should not be held in contempt of this Court's March 4, 2024, Order. (Notice of Motion, pgs. 1 -2.) Defendants reque...

Excerpt: ...rs the following tentative decision. A. Statement of the Case 1. Petition Petitioner Elemuren commenced this proceeding on July 5, 2023, alleging causes of action for administrative mandamus and breach of contract. The verified Petition alleges in pertinent part as follows. On July 26, 2020, while Elemuren was pursuing his degree for a Psychiatric -Mental Health Nurse Practitioner (“PMHNP”) and in good standing with CDU, a dispute arose regar...

Excerpt: ...: George Hall, Jr. and Donna Hall (collectively, “the Halls”) filed a Statement of Claim with [the Financial Industry Regulatory Authority (“FINRA”)] on June 15, 2021 naming Securities America, Inc. as the Respondent in the action styled Donna T. Hall and George E. Hall Jr., as Trustees of the Hall Trust DTD 3/23/15 v. Securities America, Inc., FINRA No. 21 -01517 (“Hall Action”). [Citation.] The claims related to the handling of thei...

Excerpt: ...y of default judgment against Defendants Libra Hollywood, LLC and John Greenwood (jointly, "Defendants"). Plamtiffs seek judgment in the total amount of $34,600.10, comprising S28,927.67 in damages, $3,163.82 in interest, $1,155.87 in costs, and $1,352.74 in attornevs fees. The Court notes a number of defects with the submitted default judgment package. First, Item 1 (a) of the Request (Form CIV-OO) incorrectly states that the Complaintin this ac...

Excerpt: ... Angeles, Count y of Los Angeles, State of California, and Does 1 to 50 for negligence surrounding a motor vehicle accident. Plaintiff alleges that on December 5, 2022, Defendant Clayton Tell Anderson collided with her vehicle while in the scope of employment with the co -defendants in this action. (Complaint ¶ 26.) Between January 25, 2024 and February 13, 2024, the Court dismissed the following defendants pursuant to Plaintiff's request: Count...