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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...