Excerpt: ... a preliminary injunction is granted as set forth below. BACKGROUND On August 4, 2023, David Feeley (“Feeley) and Porter Ranch Physical Therapy, Inc. (“Porter Ranch PT”) (collectively “Plaintiff”) filed a Complaint against Jeffrey R. Vargo (“Vargo”); Vargo Physical Therapy (“Vargo PT”) (collectively “Defendants”) ; and Doe s 1 to 50. The operative First Amended Complaint (“FAC”), filed November 30, 2023, alleges six caus...

Excerpt: ...135 are stricken). Background [1] This case arises from the death of NOAH CUATRO (“Noah”). Plaintiffs EVANGELINA HERNANDEZ (“Eva”), individually and as Successor in Interest to the Estate of NOAH CUATRO; A.C. (“AC”), a minor, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Ev...

Excerpt: ...: “1. The first, second and third causes of action in the SAC are barred by the litigation privilege. Code of Civil Procedure § 47(b). Plaintiff seeks to impose liability for statements made in discovery responses in prior litigation, and in response to an a rbitration demand. These causes of action pivot on communications made in prior litigation, which are immune from liability by operation of the litigation privilege. Rubin v. Green (1993) ...

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

Excerpt: ...property at issue is located at 10945 Bluffside Drive #428, Studio City, CCA 91604. Plaintiff is alleged to be the owner of the premises. Plaintiff alleges that on August 16, 2020, it entered into a written agreement for an 11- month tenancy with Defendant. Plaintiff alleges that Defendant was served with a 3-day notice to pay rent or quit on February 12, 2024 and the period for Defendant to comply expired on February 15, 2024. Plaintiff seeks po...

Excerpt: ...Beverlywood (“Robertson Caregivers”), and Cabot Re LLC (“Cabot”) (collectively, “Plaintiffs”) allege that Defendant Promise Energy, Inc. (“Promise Energy”) stole $500,000 in funds fr om Plaintiffs through a series of 3 fraudulently induced contracts and material misrepresentations regarding urgency to find the proposed projects in order to participate in the Inflation Reduction Act of 2022 tax credits and other incentives. Plainti...

Excerpt: ...r to First Amended Cross-Complaint 01 May 2024 07 May 2024 Cross Defendant TCFI's demurrer to the First Amended Cross-Complaint is overruled as to the first cause of action and sustamed with leave to amend as to the third and fourth causes of action. Cross-Complainant is granted 60 days leave to amend. The court sets the OSC RE: Amended Complaint for June 24, 2024, at 8:30 a.m. Moving party to give notice. On September 29, 2023, Valence Surface T...

Excerpt: ...ters from 2021 to 2023. Plaintiff alleges that Defendant Christopher Reyes was an attorney who has passed away in December 2023 and his estate is believed to be Defendant Estate of Christopher Reyes (“Reyes”). Plaintiff alleges that Defendant Bianca Santamaria (“Santamaria”) was Reyes' wife and willfully took and received money and property from Reyes with the intent to defraud Plaintiff and other creditors. Plaintiff alleges that Defenda...

Excerpt: ...of Habitability · 5th Cause of Action for Breach of Covenant of Quiet Enjoyment · 6th Cause of Action for Violation of Civil Code § 1942.4 · 7th Cause of Action for Private Nuisance · 8th Cause of Action for Public Nuisance · 9th Cause of Action for Breach of Contract Motion to Strike · Paragraph 2 of the Prayer for Relief, p. 22:1 [claim for punitive damages] · Paragraph 3 of the Prayer for Relief, p. 22:2 [claim for statutory damages] �...

Excerpt: ... FORMIDABLE ENGINEERING TECHNOLOGIES, INC., FOREMOST TECHNOLOGIES AND PRODUCTS, INC., INGA HAKHUMYAN, and LEONID HAKHUMYAN will demur to Plaintiff S.A. AEROSPACE, INC.'s Complaint filed in this matter on February 2, 2024. This Demurrer is based upon this Notice, the Demurrer, the attached Memorandum of Points and Authorities, the Declaration of Tiffany Hyatt Krog, the Request for Judicial Notice, the Complaint on file herein, the pleadings and fi...

Excerpt: ...lywood, California 91605. Plaintiff alleges that Defendant Hillary Hirsch was an employee of Plaintiff from 2016 until March 17, 2023 and was the secretary of the Board of Directors. Defendant Eric Gitter is alleged to have conspired with Hirsch by directing, encouraging, ratifying, and approving Hirsch's unlawful conduct. In February 2016, Epicurus opened its store. In March 2016, Hirsch began working at the premises as the manager for the store...

Excerpt: ...ility absent the commission of an underlying tort.” (Nasrawi v. Buck Consultants LLC (2014) 231 Cal.App.4th 328, 344, fn. 7.) Plaintiffs do not allege sufficient facts for conversion, so this cause of action fails. Conversion of money requires that the defendant “wrongfully exercised dominion over a specifically identifiable pot of money that already belongs to the” plaintiff. ( Voris v. Lampert (2019) 7 Cal.5th 1141, 1152 –1153.) The pla...

Excerpt: ...led pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, su bd. (l)(2).) “[A] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” ( Moniz v. Adecco ...

Excerpt: ...y America, Inc.'s Motion to Strike Tentative Rulings: (1) Defendant, Extended Stay America, Inc.'s Demurrer is OVERRULED in part and SUSTAINED in part. (2) Defendant, Extended Stay America, Inc.'s Motion to Strike is DENIED in part and MOOTED in part. I. BACKGROUND A. Factual On June 12, 2023, Plaintiffs, Deandre Davon Fluckers, Renzo Ross, and Lisa Y. Ross filed a Complaint against Defendants, Extended Stay America, Inc., Orkin, LLC, aka Orkin P...

Excerpt: ...) Conspiracy to Defraud v. Hamadi, Minasyan 3) Intentional Misrepresentation v. Hamadi, Minasyan 4) Breach of Fiduciary Duty v. Minasyan 5) Breach of Oral Contract v. Hamadi, Keshishyan 6) Unjust Enrichment v. Hamadi, Keshishyan 7) Conversion v. Hamadi, Keshishyan 8) Theft -Receipt of Stolen Property v. Hamadi 9) NIED v. Hamadi SUMMARY OF FACTS: Plaintiff Rafi Tarakjian alleges that defendants Faycal Alex Hamadi, his wife, defendant Dzhamila Kesh...

Excerpt: ...hanou's motion for trial preference is continued to June 10, 2024, at 8 a.m. Plaintiff's supplemental brief is due by May 24, 2024, and Defendant's opposition is due by May 31, 2024. Defendant Cedars- Sinai Medical Center (“CSMC”) (“Defendant”) demurs to Plaintiffs Markella Thanou (“Markella”) and Amalia Thanou's (“Amalia”) (collectively, “Plaintiffs”) complaint (“Complaint”). (Notice of Demurrer, pg. 1.) Defendant also mo...

Excerpt: ...idered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff Gerardo Contreras (“Plaintiff”) seeks an order approving the settlement of his claims under the Labor Code Private Attorneys General Act of 2004 (Labor Code, § 2698, et seq.) (“PAGA”), set forth in the “Individual Labor Code Claims and PAGA Settl ement Agreement” (the “Settlement”), entered into by and between Plai...

Excerpt: ... follows: On April 25, 2021, Plaintiff purchased a new 2020 Chevrolet Sonic (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song- Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Sectio...

Excerpt: ...f and Jabari's Inc. against Lawrence and Moving Defendants' representation of Lawrence in that lawsuit. Moving Defendants previously brought a motion to strike under Code Civ. Proc. section 425.16, which extends protections to strategic lawsuits against public participation (“SLAPP” actions). On 1/31/24, the Court issued an order striking the entire Complain t as to Moving Defendants. Moving Defendants now move for an award of mandatory attor...

Excerpt: ...Medical Center (“CSMC”), and Does 11 through 50 when Defendant Nune Badalyan (“Badalyan”) drove her vehicle over Plaintiff Soto's foot, causing her severe injuries. On September 29, 2021, Plaintiffs filed the Complaint in this action, asserting five causes of action: (1) Plaintiff Soto asserts a motor vehicle negligence claim against Badalyan and Does 1 through 10; (2) both Plaintiff assert a general negligence claim against Badalyan and ...

Excerpt: ...t child abuse under Government Code section 815.6; and (2) The Eighth Cause of Action: Negligence under Government Code section 815.2. The jury found in favor of Defendant on the fifth cause of action, finding that the LAUSD did not violate its mandatory reporting duty under Penal Code section 11166. Now, Defendant moves for a judgment notwithstanding the verdict, arguing: (1) There is no claim for negligence because the jury found that the LAUSD...

Excerpt: ...LLC, Casa La Merced, L.P., SPE Merced, LLC, and Doug Gilland STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for conversion and breach of contract filed on April 10, 2019. Plaintiffs allege that, after contracting with Defendants Gilland and Silver Tree to purchase a parcel of low -income elderly housing, Defendants conspired to sabotage Plaintif fs' efforts so that Defendants Housing Preservation, SPE Merced, and Casa La Merced...

Excerpt: ... Family Limited Partnership (“BFLP”) and Ruth Ann Biafora (“Ruth”) RESPONDING PARTY: Cross-Complainants and Plaintiffs in BC713448, BFLP, Joseph R. Biafora, Jr. (“Joseph Jr.”) and Diana Biafora Sparagna (“Diana”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 15, 2002, the BFLP was formed by a written limited partnership agreement between Joseph Biafora, Sr. (“Joseph Sr.”) and his wife, ...

Excerpt: ... seek an order striking the following portions of the First Amended Cross -Complaint : (1) The purported first cause of action for breach of contract. (FAXC ¶¶ 20 -33. ) (2) The purported second cause of action for express indemnity. (FAXC ¶¶ 34 -39. ) (3) The purported third cause of action for declaratory relief. (FAXC ¶¶ 40 -44. ) (4) Page 4, lines 18 to 23 of the First Amended Cross -Complaint, which provides: “Cross -Defendants' inde...

Excerpt: ...d County's objection, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Broadway filed the Petition for administrative mandamus against Respondent County on September 5, 2023. The Petition alleges in pertinent part as follows. Broadway holds title to the real property and improvements located at 7520 S. Broadway, Los Angeles, CA 90003 (the “Property”). Pet., ¶ 1. Respondent County operates the Depa...