Excerpt: ...pyre Cosmetics, LLC (the “Company”); Rachel Boese aka Rachel Clinesmith (“Defendant” or “Boese”); and Lisa Malcolm (“Malcolm”): [2] Plaintiff, the COO, and Defendant, founder, have a 37.5% interest in the Company and Malcolm (now resigned) has a 25% interest in the Company. Since joining in 2022, Plaintiff, amongst other actions and responsibilities, made personal loans to the Company, created products, and allowed Defendants to u...

Excerpt: ...usan Sherayko, and Caravan West Productions, LLC (collectively, “Defendants”) for injuries Plaintiff sustained while working as a hired actor and riding a horse for the filming of a movie. Defendants seek leave to file a First Amended Answer (“FAA”) to Plaintiff's complaint to include a tenth affirmative defense of workers' compensation exclusive remedy. Defendants argue Plaintiff's complaint raises the issue of the worker's compensation ...

Excerpt: ... Servicing (“Defendant”): (1) Violation of Civil Code § 2923.7; (2) Violation of Civil Code § 2924.9; (3) Violation of 12 C.F.R. 1024.38; and (4) Unfair Business Practices. Defendant demurs to all four causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding punitive damages, emotional distress, attorneys' fees, as well a...

Excerpt: ...ue builder. Defendants SA Hospital Acquisition Group, LLC (“SAH Acquisition”), SA Hospital Real Estate Holdings, LLC (“SAH Real Estate”) and SA Hospital Real Estate Holdings-Jefferson, LLC (“SAH Jefferson”) (hereinafter collectively, the “S AH Defendants”) own and/or operate the South City Hospital (“Hospital”) in St. Louis, Missouri. Defendants Lawrence Feigen (“Feigen”) and Jeffrey Ahlholm (“Ahlholm”) are the owners/...

Excerpt: ...y: Plaintiff Kathleen Sullivan Notice: OK Ruling: The Demurrer is overruled. The Motions to Strike of Ishaque and Dixon- Peters are denied. The Motion to Strike of Sarcedo -Magruder is granted, without leave to amend. Moving party 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. This is an employment action in which Plaintiff Kat...

Excerpt: ...E ANSWERS TO THE COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS 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, opposition, and reply. BACKGROUND On February 1, 2024, Plaintiff Jeanette Polk sued Defendants, asserting causes of action f...

Excerpt: ...6, subdivision (c), which provides that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” Defendant moves for an order awarding it $105,170.05 in fees, which consists of 17 4.3 hours of work performed (1) reviewing and analyzing Plaintiff Philip Elghanian (“Plaintiff”)'s claims; (2) researching and analyzing the applicable case law to support Defendant's special...

Excerpt: ...f 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, opposition, and reply. BACKGROUND This is a lemon law action arising out of Plaintiff's purchase of 2018 Kia Stinger manufactured and distributed by Defendant Kia America, Inc. ANALYSIS The Song- Beverly Act p...

Excerpt: ...shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention rests.” (Code Civ. Proc., § 387, subd. (c).) Timeliness The party seeking to intervene must be timely, determined by the totality of circumstances, which includes the following factors: (1) stage of the p...

Excerpt: ...grooves on the road, c ausing her injuries. On June 14, 2022, County of Los Angeles filed an answer. On July 22, 2022, City of Pico Rivera filed an answer. On March 28, 2024, Plaintiff filed the instant motion for leave to amend her complaint by removing the medical negligence cause of action, which was mistakenly added by prior counsel, and adding a dangerous condition of public property cause of action. Def endant City of Pico Rivera (“Defend...

Excerpt: ...f implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. On January 30, 2024, the Court sustained Defendant California Fair Plan Association's (“Defendant”) demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers, like Defendant, generally owe no duty of care to their insureds as a matter of law, and sustai...

Excerpt: ...laims and issued a final ruling in favor of Plaintiff. Plaintiff gave notice of the Court's judgment in favor of Plaintiff on 3/7 /24. Defendant now moves for a new trial under Code of Civil Procedure § 657(1), (3), (6), and (7). Plaintiff opposes the motion. Legal Standard Code of Civil Procedure § 657 governs motions for new trial and, relevant here, provides that a new trial may be granted for: (1) “[i]rregularity in the proceedings of the...

Excerpt: ...tual This is a PAGA action. The Complaint alleges that Plaintiff Jorge Lara Rojas (Plaintiff) worked for Defendant String King Lacrosse, LLC (Defendant), who failed to provide employees overtime, minimum wages, meal and rest breaks, accurate wage statements, a ccess to personnel records, or wages due on termination. (Complaint ¶¶ 10–18.) 2. Procedural Plaintiff filed the Complaint on January 16, 2024, alleging one PAGA cause of action. Defend...

Excerpt: ... Shadchina's Motion for Reconsideration is DENIED. I. BACKGROUND On June 20, 2018, plaintiffs Shonna Marie Counter, Garry Michael Kann, Mark Frankel, Douglas Fauth, Herminio Escobar, Shaina Negron, Tyler Hilliman, Samuel Saez III, Gary Brian Bloom, Keith Milo, Ryan Cahouet, and Malik Jeter (collectively, “Plaintiffs”) f iled this action against defendants Kaf Industries, Inc., (“Kaf Inc.”) and Kevin Farhang (“Farhang”). On February 10...

Excerpt: ... by Defendants Behzad Ben Toubian and Brentanita, Inc. to compel arbitration of the claims in this action. On April 11, 2024, Plaintiff Nazmifar filed a motion to lift the arbitration stay in this action and to specially set a trial date. The motion arises from the argument that, despite multiple requests for payment from Plaintiff Nazmifar and the arbitrator, Defendants have failed to pay their share of arbitration fees for more than eight month...

Excerpt: ...Defendants”) alleging damages based on habitability issues in her apartment. Plaintiff alleges that Defendants owned, operated, and/or managed the apartment complex located at 2928 4th Street in Santa Monica (the “Property”) that includes Plaintiff's unit. Plaintiff's First Amended Complaint (“FAC”) alleges the following causes of action: 1) Breach of Implied Warranty of Habitability; 2) Negligence; 3) Nuisance; 4) Breach of Covenant of...

Excerpt: ...collecti vely, “Cross-Complainants”) on August 23, 2022. Cross -Complainants filed a Cross- Complaint for breach of contract and fraud against Cross- Defendant on January 20, 2023. On February 3, 2023, Cross -Complainants filed a First Amended Cross - Complaint. On July 13, 2023, the Court sustained Cross -Defendant's demurrer to the fraud cause of action in the First Amended Cross -Complaint with leave to amend. (Minute Order, 07/13/23.) Cro...

Excerpt: ...o. (2001) 25 Cal.4th 826, 843.) CCP Section 437c(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 any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)...

Excerpt: ...rd Ezor T/R: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. DEFENDANT 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, opposition, and reply. BACKGROUND On July 17, 2023, Plaintiff Arthur Edward Ezor filed the operative second amended compla...

Excerpt: ... they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On February 8, 2024, Defendant Michelle Chen Frost filed the operative First Amended Cross - Complaint (“FACC”) against Manuel Gomez, Jr. asserting causes of action for (1) conversion, (2) nuisance, (3) trespass, (4) assault, and (5) intentional infliction of emotional distress (“IIED”). The allegations of the FACC are as follows....

Excerpt: ...tion without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendant Frank Macciola, an...

Excerpt: ...al Joint Venture Agreement; (2) Unlawful, Fraudulent & Unfair Business Practices; (3) Breach of Fiduciary Duty; and (4) Fraud. On January 12, 2023, Plaintiffs amended their complaint adding two additional causes of action for Breach of Partnership Agreement and Declaratory Relief. Plaintiffs allege Defendant Kamangar made fraudulent representations to Plaintiff Cohen regarding a business opportunity arising from the Pandemic. Plaintiffs allege De...

Excerpt: ...TAINED WITHOUT LEAVE TO AMEND. BACKGROUND On December 19, 2022, plaintiff Jack Chueng dba Three -C Co (self -represented) filed an unlawful detainer complaint against David Tran and Vortex Alliance based on a three- day notice to perform covenants or quit dated June 30, 2021 at the property at 14909 South Crenshaw Blvd., #201, Gardena, CA 90249. On March 3, 2023, the court granted defendant Vortex's motion to quash service of summons and complain...

Excerpt: .... PROCEDURAL HISTORY On December 12, 2023, Plaintiff filed the operative, first amended complaint (“FAC”) against Defendant for breach of service contract and common counts. Defendant has answered the FAC and also filed a cross- complaint for breach of contract. On January 25, 2024, Plaintiff filed the instant application for writ of attachment, and on May 2, 2024, Defendant filed its opposition. LEGAL STANDARD “Upon the filing of the compl...

Excerpt: ...ch of contract, unjust enrichment, conversion, and fraudulent inducement. Plaintiff alleges that Paul Nutall, Tiffany Nutall, and Michael Harris began a partnership in 2019 titled 2ndChance Organization (2ndChance). In November 20 19, 2ndChance contacted Plaintiff to borrow money to fund a television project. 2ndChance represented it had a contract to broadcast twenty- four TV shows using Fox and its affiliate channels and that the project would ...

Excerpt: ... encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On October 13, 2023, Plaintiffs Bak Auto Enterprise Inc. and Ashot Keshishyan filed the operative Complaint against Defendants City of Los Angeles, County of Los Angeles, State of California, and California Department of Transportation asserting causes of action for (1) dangerous condition of public property and (2) nuisance. The allegations of the Complai...

Excerpt: ...ks and Andrew Dinksy I. BACKGROUND This is a construction defect case. David Bilfeld (“Bilfeld”) and his company, 1978, LLC, were in the business of developing and building residential homes. In 2018, Plaintiff Cathy Arkley (“Plaintiff”) entered into an agreement to purchase a residential property located at 462 N. Croft Avenue, Los Angeles, California 90048 (the “Subject Property”) from Bilfeld and his company. Douglas Elliman of Cal...

Excerpt: ...Defendant John Chickanis to give notice. REASONING “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters ou tside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a dem...

Excerpt: ...to amend. BACKGROUND This is a personal injury action in which Plaintiff alleges that on 2/16/21, he was injured in a motor vehicle collision between his vehicle and that operated by defendants Uber Technologies, Inc. and Guillermo Neuenschwander Grupp. (Compl. p. 5.) On 1/20/23, Plaintiff filed his complaint against Defendants, alleging the following causes of action: (1) Motor Vehicle Negligence; and (2) General Negligence. On 9/21/23, Cross -C...

Excerpt: ... and handling “two ragin g litigation matters,” Plaintiff also contributed more than 2,000 hours of work in other “important and lucrative civil matters” for the firm. While the parties engaged in some form of moderately specified compensation agreement, Plaintiff maintains Defendant in fact “stiffed” Plaintiff on some or all promised compensation, notwithstanding the tremendous wealth of Mark Geragos. While the parties sought a compe...

Excerpt: ...��OAH”) and Clothilde V. Hewlett in her official capacity as Commissioner of the Department of Financial Protection and Innovation of the State of California (the “Commissioner” or the “DFPI”) (collectively, “Respondents”). Atlas, an investment adviser, filed a Form ADV-W to withdraw its investment adviser registration as part of its plan to cease operations. However, the DFPI issued an order refusing to accept the surrender until i...

Excerpt: ...CEEDINGS: On December 7, 2022, Plaintiff D.L. (“Plaintiff”) filed a Complaint against Defendants DOE 1, a New York Corporation, and DOE 2, a California nonprofit corporation (Defendants) for the following causes of action: (1) Negligent Hiring, Supervision, and Retention; (2) Negligent Supervision of a Minor, and (3) Negligence. On August 7, 2023, Defendant DOE 1 filed a motion to strike portions of the Complaint. On August 8, 2023, Defendant...

Excerpt: ...e City”) for damages arising out of a trip and fall over a displaced section of a concrete walkway. The initial complaint alleged a single cause of action for prem ises liability. On March 7, 2024, the Court granted the City's motion for judgment on the pleadings with leave to amend to provide Plaintiff the opportunity to allege statutory authority for her claims against a public entity. (Min. Order, March 7, 2024.) Plaintiff was ordered to fil...

Excerpt: ...laint on March 4, 2024, naming as Defendants the State of Cali fornia and the California Department of Financial Protection and Innovation. Through this action, Plaintiff challenges Financial Code section 3902, which states that “[a]n operator shall not accept or dispense more than one thousand dollars ($1,000) in a day from or to a customer via a digital financial asset transaction kiosk.” Plaintiff alleges that the daily cap harms cryptocur...

Excerpt: ...facts to revive Plaintiff's claims; 2. Demurrer to the Ninth Cause of Action for Negligence because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to revive Plaintiff's claims; 3. Demurrer to the Eleventh Cause of Action for Aiding and Abetting because the Complaint is barred by the statute of limitations and for failure to state sufficient facts to revive Plaintiff's claims and plead that Liquid T...

Excerpt: ...ainty. For the reasons discussed below, the FAP states a cause of action for mandate. Accordingly, the demurrer is overruled. SUMMARY OF PETITION As relevant to this demurrer, the FAP alleges the following: On October 10, 2022, the Artesia City Council passed, approved, and adopted City Ordinance No. 22- 929 for the zoning of cannabis businesses within the City. (FAP ¶ 15.) Pursuant to Artesia Municipal Code (“AMC”) section 3 -2.802(a)(3)(ii...

Excerpt: ...Balakhaneh (Defendants), in addition to Pacific Eurotex Corp. (Co -Lessor). The SAC alleges the following causes of action: breach of lease, breach of joint venture agreement, breach of warranty of good faith and fair dealing, breach of fiduciary duty, conspiracy to defraud, negligence, conversion, rescission of contract, declarat ory relief, and violation of Business and Professions Code section 17200. On November 21, 2023, Defendants filed this...

Excerpt: ...ction of Documents, Set One 4. Yokohama Group, Inc.'s Motion to Compel the Depositions of Cross-Defendants Jayi Chiang, Jailin Chiang, and the Person Most Knowledgeable from Cross - Defendant 95 Kitchen Inc. TENTATIVE RULING Jayi Chiang, Jailin Chiang, and 95 Kitchen Inc.'s Demurrer to Second Amended Cross - Complaint is sustained without leave to amend, in part, and overruled, in part. Marcia Pyin-Shan Chiang, Jayi Chiang, Jailin Chiang, and 95 ...

Excerpt: ...must be apparent on 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 t...

Excerpt: ...emises from Defendant. Plaintiff alleges the premises suffered from multiple serious habitability issues, including persistent water intrusion, black mold, lead and asbestos. Plaintiff alleges she suffered serious health issues as a result of these conditions. Plaintiff alleges her property was damaged due to the water intrusion. Plaintiff alleges Defendant did not reimburse her for the property damage or the rent she paid him during the time whe...

Excerpt: ...preme Court's decision in Freedman forecloses as a matter of law Defendants' interpretation of the entrustment exclusion. Defendants' motion for Summary Adjudication as to five specified issues is GRANTED in part and DENIED in part. Issue 1 Entrustment Exclusion For the same reason that Defendant's Motion for Summary Judgment is DENIED, Defendants' Motion for Summary Adjudication as to Issue 1 is DENIED. Issue 2 Lloyds Defenda...

Excerpt: ...onfer declaration under CCP section 2016.040. (Ibid.) “The court, for good cause shown, may make an order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) CCP section 2025.420(b) provides a nonexclusive list of permissible directions that may be included in a protective order. (Nativi v. De...

Excerpt: ...he totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.'" (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390 (quoting Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246).) "Generally, '[a] decision to order terminating sanctions should not be made light ly. But whe...

Excerpt: ...el verified responses to Form Interrogatories, Set One, Specially Prepared Interrogatories, Set One, and Demand for Production, Set One propounded on Plaintiffs Erika Dominguez and James Roman Arevalo (“Plaintiffs”). Defendant also seeks monetary sanctions. No opposition has been filed. LEGAL STANDARD Requests for Admission Where there has been no timely response to a request for admission under Code of Civil Procedure section 2033.010, the p...

Excerpt: ...provide security at the store and that on May 10, 2020, Baskin allegedly failed to do so and thieves made off with t he store's wares. Baskin filed this motion to compel on March 7, 2024. It is unopposed. (4/25/24 Non-Opposition.) Before the Court is Baskin's motion for an order compelling response to Requests for Production of Documents, Set One. Because the evidence shows Plaintiff failed to respond, the motion is granted. II. LEGAL STANDARD �...

Excerpt: ...n a dangerous condition of public property arising out of a fall on January 19, 2022 on uneven concrete on a sidewalk at or near 8601 Balboa Boulevard in Los Angeles. On December 9, 2022, City filed its answer to the complaint and a cross -complaint against Roes 1 through 20. On October 19, 2023, City amended the cross -complaint to name 8601 Balboa LLC (“Balboa”) as Roe 1. On February 1, 2024, Plaintiff amended her complaint to name Balboa a...

Excerpt: ... Rudy (“Rudy”) and Wendy Sunaryo (“Sunaryo”) filed an answer. On April 10, 2023, the Court dismissed Lyft with prejudice at Plaintiff's request. On May 2, 2023, Petrosyan filed an answer. On April 11, 2024, Rudy and Sunaryo (“Moving Defendants”) filed a motion to continue the trial and related deadlines to be heard on May 8, 2024. No opposition has been filed. Trial is currently scheduled for July 19, 2024. PARTIES' REQUESTS Moving De...

Excerpt: ... and Does 1 to 20 for injuries arising from a motor vehicle collision. Trial is currently set for May 28, 2024. On April 9, 2024, the City of Los Angeles (“Defendant”) filed the instant motion to continue the trial date and all related dates by 90 days. As of April 25, 2024, no opposition has been filed. II. MOTION TO CONTINUE TRIAL 1. Legal Standard Although continuances of trials are disfavored, each request for a continuance must be consid...

Excerpt: ...l & Casino” and “Parkwest Bicycle Casino”, an d Does 1 to 20 for the wrongful death of Decedent Jonathan Dongin Jung (“Decedent”). Plaintiffs alleges that Defendant's security guards attacked Decedent and caused his death.¿¿ On July 29, 2022, Plaintiffs filed a first amended complaint against Defendants TBC, L.P., dba “The Bicycle Hotel & Casino” and “Parkwest Bicycle Casino”, Parkwest Bicycle Casino LLC, and Does 2 to 20. On ...

Excerpt: ...f $600.00, payable by Defendant Enedelia Leal Powers and defense counsel to Plaintiff Ocean Sunrise LLC and Plaintiff's counsel within thirty (30) days of entry of this order. Plaintiff Ocean Sunrise LLC's Motion for Matters Being Deemed Admitted [Against Defendants Bonnie B. Flores and Christopher J. Flores] Pursuant to CCP § 2033.280 is DENIED as MOOT. Plaintiff Ocean Sunrise LLC's Request for Monetary Sanctions Against Defendants Bonnie B. Fl...

Excerpt: ...bruary 20, 2024 discovery order. No opposition has been filed. LEGAL STANDARD “To the extent authorized by the chapter governing any particular disco very 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 anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The c...

Excerpt: ...ion to compel arbitration. Defendant appealed the order, and the case was stayed accordingly. On April 4, 2024, Plaintiff filed the instant motion to lift the stay pending appeal. Defendant filed its opposition on April 25, 2024. Plaintiff filed her reply on May 1, 2024. DISCUSSION I. Automatic Stay Under Code of Civil Procedure section 916(a), “the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed...

Excerpt: ...plaintiff Matthew Davenport ("Plaintiff). Uang Decl. 4; Exh. A.) Responses were due on or before January 10, 2023. (Ibid.) To date, Plamtiffhas not sewed responses. (ld. at 7.) Defendant now moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery and to pay sanctions. As of April 25, 2024, no opposition has been filed. 11. MOTION TO COMPEL SUPPLEMENTAL DISCOVERY A party may propound a supplemental inter...

Excerpt: ... TO CEREBRAL INC.; (4) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MILLENIUM MEDICAL ASSOCIATES, INC.; AND (5) PLAINTIFF'S MOTION TO QUASH DEPOSITION SUBPOENA ISSUED TO MEMORIALCARE Date: May 8, 2024 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff Darletha Matthews RESPONDING PARTY: Defendant The Regents of the University of California (erroneously sued as “University of California” and “UCLA Medical Center”) The Court has ...

Excerpt: ...d-party Capital One RULING : Motion is denied. SUMMARY OF ACTION Plaintiffs Abel Gonzalez, Albert Gonzalez, Jr., and Albert Gonzalez (Plaintiffs) were shareholders of Pueblo Restaurant, Inc., with Defendant Daniel Torres (Defendant). Plaintiffs have alleged that Defendant took control of the business and paid out funds to himself and failed to pay the other shareholders. Plaintiffs discovered that Defendant submitted, approved, and authorized cre...

Excerpt: ...3. Defendant's answer was filed on July 29, 2022. On October 26, 2023, pursuant to stipulation, the Court continued trial and all related dates to April 25, 2024. On April 9, 2024, Plaintiff filed the instant motions to reopen discovery and continue trial. On April 11, 2024, the Court granted in part Plaintiff's ex parte application advancing the hearings on the instant motions. On the Court's own motion, the final status conference and trial set...

Excerpt: ...efault Judgment, if Entered The court considered the moving and opposition papers filed in connection with this motion. No reply papers were filed. DISCUSSION Defendant Cristina Amado Loomis (“Defendant”) moves the court for an order setting aside her default, entered by the clerk on February 16, 2023, on the First Amended Complaint filed by plaintiff Chris Loomis (“Plaintiff”), pursuant to (1) Code of Civil Pro cedure section 473, (2) Co...

Excerpt: ... Plaintiff filed a proof of service of summons (the “2021 Proof of Service”) which indicates that Defendant was personally served with the summons and complaint by personal service on April 5, 2021, at 7923 Cleon Ave., Sun Valley, CA 91352 . The 2021 Proof of Service is executed by a registered process server named Antoine Mitchell. According to the 2021 Proof of Service, the person served with the summons and complaint was a Hispanic female ...

Excerpt: ... Paul filed her Complaint for Declaratory Relief. On September 14, 2023, Defendant Gurmit Paul filed his Demurrer to the Complaint. Plaintiff did not oppose the Demurrer. On October 5, 2023, Defendant Gurmit Paul filed his Reply in support of his Demurrer, noting that Plaintiff did not oppose the Demurrer. On October 12, 2023, the Court held a hearing on the Demurrer. There was no appearance by or for Plaintiff at the hearing, nor any communicati...

Excerpt: ...Choi (“Defendant”\ ), Boston Asset Management, LLC, Specman Corporation, and Boston Pomello Property,\ LLC. On May 17, 2022, Plaintiff filed a First Amended Complaint which added Hea Holdings Co., Ltd. as a plaintiff. On May 27, 2022, a request for dismissal was filed and the clerk dismissed the action with prejudice. On March 13, 2024, Plaintiff filed this motion to set aside the dismissa\ l with prejudice on the grounds that the request for...

Excerpt: ... Time: 8:30 a.m. Dept. 56 AND RELATED CROSS-ACTION MOVING PARTY: Cross -Defendant Certain Underwriters at Lloyd's of London (“Underwriters”) RESPONDING PARTY: Cross -Complainant Caring Heart In -Home Care Services (“CH”) The Court has considered the moving papers. BACKGROUND This action arises from alleged misconduct by Plaintiff's home -care providers. Plaintiff's complaint (the “Complaint”) alleges claims for: (1) breach of contract...

Excerpt: ...al Interrogatories (Set No. One) (2) Motion to Compel Plaintiff to Respond Further to Request for Production (Set No. One) The court considered the moving papers. No opposition was filed. RULING The motions are GRANTED. Plaintiff is ordered to respond further to Form Interrogatories, Nos. 6.7 and 9.1, Special Interrogatories, Nos. 9 -11, 13- 32, 34-40, and 50- 54, and Request for Production of Documents, Nos. 1- 51, within twenty days. The Court ...

Excerpt: ...RELIMINARY COMMENT: Although Defendant's Opposition was filed late, the Court will still consider it. BACKGROUND: On December 21, 2022, Plaintiffs Willie L. Fair and Julie Fair filed their Complaint against Defendants BMW of North America, LLC and Sai Monrovia B, Inc. (d.b.a. BMW of Monrovia) on causes of action arising from the Song- Beverly Consumer Warranty Act. On March 18, 2024, by request of Plaintiffs, the Court dismissed with prejudice th...

Excerpt: ...TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE) MOTION FOR ORDER ESTABLISHING ADMISSIONS TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) AGAINST MERCEDES -BENZ USA, LLC MOVING PARTY: Plaintiff Christina Gozy RESPONDING PARTY: Defendant Mercedes-Benz USA, LLC I. INTRODUCTION On March 29, 2024, Plaintiff, Christina Gozy, filed these motions to compel Defendant, Mercedes- Benz USA, LLC, to provide responses to Plaintiff's First Set of Form Interro...

Excerpt: ...mages arising from a motor vehicle incident. Defendant seeks the production of business records from VA Long Beach Healthcare System (“VA Long Beach”). Plaintiff testified he received treatment at VA Long Beach for injuries arising from the incident. Defendant served VA Long Beach through Defendant's subpoena vendor, seeking: “[Any and all documents and medical records pertaining to the examination, care, diagnosis, and treatment of the pat...

Excerpt: ... On June 7, 2022, Kiryl Milkhalkevich and Alexander Moryakov (collectively, “Plaintiffs”) filed a complaint against Michael Hallow, Amazing Concepts, LLC, AVFUEL Corporation, Gryphon Aircraft Services, LLC, Titus Lindstrom, Burbank Air Services, Inc. and Do es 1 through 50, asserting causes of action for (1) negligence, (2) strict products liability, and (3) negligent products liability (breach of warranty). On July 14, 2022, Michael Halow an...

Excerpt: ...2024. The discovery/motion cut -off is closed and the pre -trial motion cut -off remains in effect. (Min. Order, 3/19/24.) On March 13, 2024, Defendant Elizabeth Jane Downe (“Defendant”) filed the instant motion to augment her expert witness list to replace Karthik Kumar, M.D. and to substitute Lawrence Harter, M.D. as her expert radiologist. No opposition has been filed. LEGAL STANDARD On motion of any party who has engaged in a timely excha...

Excerpt: ...can Guard Services, Inc. filed the instant motion to compel arbitration. Plaintiff filed her opposition on April 24, 2024. Defendant filed its reply on May 1, 2024. LEGAL STANDARD “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate t...

Excerpt: ...audulent suppression of material fact, constructive fraud, intentional interference with contractual relationship, negligent misrepresentation, negligent interference with economic relationship, unfair competition and business practices, and declaratory relief. Plaintiff Textile House, Inc. alleges that in 2019, unauthorized wireless phone numbers were added to its account, causing Plaintiff to incur fraudulent charges in excess of $10,000. Altho...

Excerpt: ...gust 14, 2023, Arcenia Mejia (“Plaintiff”) filed a Complaint against Laurel Pointe Apartments (“Defendant”) and Does 1 to 25. The First Amended Complaint (“FAC”) alleges nine causes of action: 1) Violation of Lab. Code § 1102.5; 2) Wrongful Termination in Violation of Public Policy; 3) Minimum Wage/Overtime Violations; 4) Meal Period Violations; 5) Rest Period Violations; 6) Violation of Lab. Code § 226 (Unlawful Wage Statements); 7...

Excerpt: ...arbitration and stay Plaintiff's non -individual representative PAGA claim pending the outcome of the arbitration. Plaintiff does not oppose the motion to compel arbitration of Plaintiff's individual claims bu t does oppose Defendants' request to stay the non-individual PAGA portion of the case pending the outcome of the arbitration. LEGAL STANDARD “[W]here a plaintiff has filed a PAGA action comprised of individual and non -individual claims, ...

Excerpt: ...("Defendant") propounded on plaintiff Katherine Brown ("Plaintiff') request for production of documents ("RPDs), set tv.ro, on September 26, 2023. (Grannis Decl. 6.) After having granted an extension, and receiving no response, Plaintiff then sewed unverified responses. Plaintiff agreed to comply and produce documents in response to Requests Nos. 2 7 to 30 contained in RPDs, set tv.ro, but no documents have yet to be produced. Defense counsel wro...

Excerpt: ...t dispute. Defendants Roem Automotive Inc., Jeffrey Atkins and Caren Atkins entered into a written commercial lease agreement (the “Lease”) with Jordan Geller, as the trustee of the Jerome H. and Faith Pearlman Trust No. 2 (the “Pearlman Trust”). The Pearlman Trust agreed to lease to Defendants an industrial building located at 1101 Olympic Blvd, Santa Monica, California (the “Premises”). Defendants ran an automobile repair shop at th...

Excerpt: ...Discuss. The evidence before the Court is conflicting, but neither party provided copies of the Bates -numbered documents so the Court could determine which side is correct. ¿¿¿Instead, Plaintiff filed a declaration that said GM failed, and GM filed a declaration that says it complied. The Court will decide, once it sees the actual documents, and the actual verification with the written responses. ¿¿ I. BACKGROUND¿¿¿ ¿¿¿ 1. Factual ¿�...

Excerpt: ...2032.220(a) provides: In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1)¿The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2)¿The examination is conducted at a location within 75 miles of the residence of the examinee. CCP section 2031.310 ...

Excerpt: ...s market on North Western Avenue in San Pedro on October 11, 2019. On September 20, 2021, Edith Reynolds (“Plaintiff”) filed a complaint against SF Markets, LLC; Sprouts Farmers Market; Sprouts Farmers Market dba Sprouts; and Does 1 to 25, asserting causes of action for negligence and premises liability. On September 30, 2021, Plaintiff amended her complaint to name Sprouts Farmers Market, Inc. as Doe 1. (Plaintiff named additional defendants...

Excerpt: ...fendants Nirav J. Shah, M.D., Nirav J. Shah, M.D., a Professional Medical Corporation, and Providence Cedars -Sinai Tarzana Medical Center for medical malpractice. Plaintiff alleges Defendants negligently and carelessly performed hip replacement surgery on Plaintiff . [TENTATIVE] RULING Defendant's Motion to Compel Responses to Form Interrogatories (Set One) Propounded on Plaintiff is GRANTED. Defendant's Motion to Compel Responses to Special Int...

Excerpt: ...ests and to Deem Matters Admitted against Defendants Darlene Agarwala, Pronita Agarwala, Sabina Agarwala Miro, Stephen Miro, and Gregory Mollner (2) Defendant Darlene Agarwala's Motion to Compel Further Responses to Requests for Admission from Plaintiff Paul Herrera (3) Defendant Darlene Agarwala's Motion to Compel Further Responses to Special Interrogatories from Plaintiff Paul Herrera (4) Defendant Darlene Agarwala's Motion to Compel Further Re...

Excerpt: ...f Documents, Set 1, Nos. 22 -23, 25 -29, 32, 45 -46 and 48 -49. Additionally, Plaintiff requests an order imposing sanctions against Honda and its counsel of record, Clark Hill LLP in the amount of $2,125.00 . RULING : The motion is granted as set forth below . SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Olivia Morena Posada aka Olivia M. Posada's (Plaintiff) lease/purchase of a 2022 Honda CR -V (the Vehicle. Plainti...

Excerpt: ...t GRANTS Plaintiff's motion to compel responses to Requests for Production of Documents (Set One), responses due within 20 days. The Court GRANTS Plaintiff's request for monetary sanctions against Defendant and its counsel of record in the amount of $1,200 in attorney's fees, payable within 20 days. BACKGROUND On September 15, 2023, Plaintiff Cuft LLC filed this action against Defendant The Elite Fashion Group, Inc. On December 7, 2023, Plaintiff...

Excerpt: ...cial capacity as Deputy City Manager; LAURENCE WEINER, in his official capacity as City Attorney; MARK STAINBROOK, in his official capacity as Chief of Police; and DOES 1 through 10, inclusive, Defendants. Case No.: 23STCV24271 Hearing Date: 5/8/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiffs DuPont Clinic, PC and Consultants in Obstetric and Gynecologic Ultrasonography and Surgery, PLLC's Motion for Order Compelling Discovery and a Continua...

Excerpt: ...srepresentation, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, constructive trust, accounting, and fraudul ent conversion. On August 23, 2023, Defendants served Plaintiff with a notice of deposition. The deposition was set for September 14, 2023. On September 7, 2023, Plaintiff served objections to the notice. The deposition did not go forward. On October 20, 2023, Defendants filed this motion to compel Plai...

Excerpt: ...nd intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. On 5/23/2023, default was entered against Victor Mendiola.[1] On 4/5/2024, Victor Mendiola (Defendant) moved to set aside the entry of default and his dismissal. The motion is unoppo...

Excerpt: ...s. Accordingly, on October 21, 2019, the court ordered Plaintiff to pay Defendant $25,000 in attorney's fees and costs. On April 18, 2022, Defendant issued a writ of execution. On June 15, 2022, a levy on all wages and monies due was issued against Third -Party Sherif Osmon, Inc. (dba Maged Chevron) (Third -Party). Third -Party did not respond or comply with the levy. On September 14, 2023, Defendant filed this motion to enforce the levy. ¿¿DIS...

Excerpt: ...usiness Records Subpoenas; Request for Sanctions [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: I. BACKGROUND A. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff” and, together with Defendants, �...

Excerpt: ... Party”) RESPONDING PARTY: None as of May 3, 2024. The Court has considered the moving papers. BACKGROUND On November 21, 2023, Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”) for: (1) Negligence; (2) Strict Lia bility – Warning Defect; (3) Strict Liability – Design Defect; (4) F...

Excerpt: ...ARING DEFENDANT STYLENQUAZA LLC'S MOTION TO QUASH SERVICE OF SUMMONS IS GRANTED. DEFENDANT 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, opposition, reply, and supplemental briefing. BACKGROUND On March 13, 2023, Plaintiffs Rodolfo Garcia- Ros...

Excerpt: ... No opposition papers were filed. The motion is MOOT and is taken OFF -CALENDAR due to Defendant Anita Wu being dismissed from this action on November 17, 2023. Background This is an action arising from the alleged failure to pay wages. On August 15, 2023, Plaintiff Yang Hai, an individual and on behalf of aggrieved employees (“Plaintiff”) filed a Complaint against Defendants Golden Arcus Int'l Co, Yu Zhou, Anita Wu (“Wu”) ( collectively ...

Excerpt: ...ts William Randolph Fry (“Fry”), Gitibin & Associates, Inc., and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for November 12, 2024. Defendant Fry now moves to reopen discovery for the limited purpose of conducting Plaintiff's physical examination, which had been noticed prior to the discovery cut- off date. Plaintiff opposes the motion, and Fry filed a reply. II. MOTION TO REOPEN DISCOVERY CCP § 2024...

Excerpt: ...d an answer and a cross -complaint against Plaintiff for assault, battery, false imprisonment, intentional infliction of emotional distress and negligent infliction of emotional distress. On January 3, 2023, Plaintiff amended the complaint to include Defendants Uber Technologies, Inc. (“Uber”) as Doe 1 and Mikael Doe (“Mikael Doe”) as Doe 2. On January 10, 2023, Huston filed a first amended cross -complaint, adding a cause of action for d...

Excerpt: ...g from Plaintiff Danya Campbell's lease of a 2018 BMW 530e. (Complaint ¶ 6.) This matter came on for trial on March 13, 2023, and the jury rendered its verdict on March 24, 2023, finding in Plaintiff's favor on the implied warranty claim in the amount of $10,882.47. On July 12, 2023, this court denied Plaintiff's motion for new trial. On January 10, 2024, this court denied Plaintiff's motion to invalidate Defendant's section 998 offer. Plaintiff...

Excerpt: ...CE: OK RELIEF REQUESTED: An order from this Court setting aside the Default entered against Defendant on September 19, 2023. TENTATIVE RULING: The Motion to Set Aside is GRANTED. BACKGROUND This action arises from the alleged encroachment by Defendant onto Plaintiff's property located at 12325 Kagel Canyon Rd. Sylmar, California, 91342 (the “Subject Property”). On July 20, 2023, Plaintiff Cynthia Stoddart (“Plaintiff”) filed a Complaint a...

Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...

Excerpt: ...s. I. Background A. Pleadings On August 10, 2020, Plaintiff The Law Firm of Fox and Fox (Fox & Fox) initiated this action by filing a Complaint alleging claims of (1) Breach of Contract and (2) Common Counts against Defendants David J. Itzikman and Does 1 through 10. The claims arose from allegations that Fox & Fox “represented Defendant [Itzikman] in the dissolution of marriage matter, filed in Los Angeles Superior Court, Case Number BD 646 62...

Excerpt: ...suit against Full Circle Real Estate Solutions, Inc., Danny Elia the Mum Group, Marvin U. Mangabat, and Erik Lederman, alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) rescission; (6) cancellation of written instrument; (7) quiet title; (8) violation of Civil Code section 2945, et seq.; (9) financial elder abuse; and (10) declaratory relief. On 3/7/2024, Defendants Full Circle Real...

Excerpt: ..., Unit 405, Santa Monica, California (the “Premises”) to Defendant So Yun Song (“Tenant”). Tenant allegedly failed to pay rent from February 2022 through January 2023. Landlord served a 3 -Day Notice to Pay Rent or Quit. Tenant failed to quit the p remises or pay rent, and this action ensued. Trial was scheduled for April 3, 2024 at 8:30 a.m. Defendant sought from Plaintiff an agreement to seek a continuance of the trial to which Plaintif...

Excerpt: ...sentation requirement of Government Code section 945.4. BACKGROUND This case arises out of Petitioner's claim she was injured by a hazardous and negligently maintained roadway while riding on her moped in a reasonable manner. TENTATIVE RULING Petitioner's petition for an order for relief from the requirements of Government Code section 945.4 is GRANTED. DISCUSSION Petitioner seeks relief from Government Code section 945.4. “ The procedural requ...

Excerpt: ...a 30 -day suspension. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner LACMA filed the Petition against Respondent Commission on July 17, 2023, alleging one cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Petitioner County is a public entity and legal subdivision of the State ...

Excerpt: ...e and she could make payments. ( Id., ¶ 17.) On or about November 3, 2019, Defendant purchased a 2020 Land Rover Evoque in his name with a down payment of $40,000 and financed the balance. ( Id., ¶¶ 18- 19.) On or about December 16, 2019, Plaintiff repaid Defendant for the down payment with a $40,000 check. ( Id., ¶ 21.) Plaintiff made the payments on the VEHICLE except when Defendant was living in Plaintiff's home or when Defendant prevented...

Excerpt: ...r employed by Lyft, Inc. (Complaint ¶ 5.) Defendant Lyft, Inc. (“Defendant”) now moves to disqualify Quinn Graham and the law firm of Rafii & Associates, P.C., the firm that represents Plaintiff. Defendant argues that Quinn Graham previously represented Defendant in automobile accidents like the i nstant case and has received confidential information. Defendant argues that because Graham is disqualified, the firm Rafii & Associates is vicari...