Excerpt: ...rres) alleges that he purchased a 2019 Chevrolet Silverado 1500, VIN # 1GCPYCEF9KZ421901 in August of 2019. He alleges various issues with the vehicle including: (1) defective tire pressure monitoring system, (2) defective display system, (3) defective audio system, (4) defective engine system; and (5) Defective electrical system. He sues the manufacturer of the vehicle, General Motors LLC (GM). The matter was resolved by way of settlement; the p...

Excerpt: ...efendants Does 1 to 25 1 for injuries arising from a trip and fall on a pothole in a parking lot. Plaintiff filed amendments to complaint naming Denshaz, Inc. (“Denshaz”) as Doe 1, MJH, LLC as Doe 2, Benjamin Hops as Doe 3, Goodrich And Hops Properties West as Doe 4, Benjamin Hop s50 as Doe 5, Frieda Investments, LLC as Doe 6. On April 26, 2023, Denshaz filed its Answer and a cross -complaint against Goodrich and Hops Properties West, and Roe...

Excerpt: ...e burden shifts to the plaintiff to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material fac tual issue.” (Hinesley v. Oakshade To...

Excerpt: ...vide Accurate Wage Statements, (7) Labor Code Section 558, (8) Unlawful Business Practices, (9) PAGA, (10) Wrongful Retaliation In Violation of Labor Code Section 6310, (11) Wrongful Termination in Violation of Labor Code Section 6409.6, (12) FEHA Re taliation, (13) Wrongful Termination, and (14) Defamation against Defendants Darrell Gene Brooke (“Darrell”), The Brooke Law Group, PC (“Firm”), Michele Brooke (“Michele”), and DOES 1 -20...

Excerpt: ...OUND On January 10, 2022, Plaintiff Berj Parseghian (“Plaintiff”) filed a complaint for injunctive relief and civil penalties against Defendant Whole Foods Market (“Defendant”) for violation of Proposition 65, Health & Safety Code section 25249.6. [1] On January 22, 2024, Plaintiff filed the instant motion for entry of stipulated consent judgment. DISCUSSION Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, prohib...

Excerpt: ...on he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross-complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the cause brought against him.” (CCP § 428.10(b).)...

Excerpt: ...t for Production, Set One Moving Party: Mira Jeon Kim Resp. Party: None The MJOP is DENIED without prejudice. The FROGs Motion, the SROGs Motion, and the RPDs Motion are GRANTED in part. Jan Bidasha shall serve responses to the discovery propounded, without objections, within thirty (30) days of the issuance of this Order. The Requests for Monetary Sanctions are DENIED. BACKGROUND: On December 29, 2021, Jan Bidasha filed her Verified Complaint ag...

Excerpt: ...ed. Leave to amend is to be argued. 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 April 19, 2022, Plaintiff Eva Niño filed the operative Complaint against Defendants El Monte Veterans Apartments, LP (“LP”), El Monte Veterans Apartments, LLC, and Mercy Housing CalWest for (1) retaliatory eviction and anti...

Excerpt: ...he court considered the moving, opposition, and reply papers. RULING The motion for judgment on the pleadings is DENIED as to the first, second, and fourth causes of action and GRANTED WITH 20 DAYS LEAVE TO AMEND as to the sixth cause of action. BACKGROUND On September 22, 2022, plaintiffs Robert W. Mathews, by and through his attorney in fact, Norbert Rock, and Norbert Rock filed a complaint against Palm Consulting Services, Inc. and Amity Care ...

Excerpt: ...e of the causes of action alleged” or (2) the complaint or cross -complaint “does not state facts sufficient to constitute a cause of action against that defendant.” (CCP § 438(c).) A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Except as provided by statute, the rules governing demurrers apply. ( Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 9...

Excerpt: ...Serna and Vilma Serna (“Plaintiffs”) accepted a settlement offer made by Defendants, Nissan North America, Inc. (“NNA”) and Nissan of Duarte (“Nissan of Duarte”) (collectively “Defendants”), in the amount of $50,294.84. In addition to this amount, Defendants agreed in the offer that Plaintiffs would surrender the Subject Vehicle and if Plaintiffs' counsel and Defendants did not agree on an attorney's fees amount, Plaintiffs would ...

Excerpt: ...$19,761.50 against Plaintiff Abigail Slotkin (“Plaintiff”) on the ground that Defendants prevailed in this action after the Court sustained Defendants' demurrer to Plaintiff's Third Amended Complaint in its entirety, without leave to amend, thereby disposing of Plaintiff's remaining causes of action. It is axiomatic that a party is permitted to recover reasonable attorney fees, when authorized by contract, statute, or law, pursuant to Code of...

Excerpt: ...rative Third Amended Complaint (TAC) against Defendants Soulie Elkarake, Kooly Solar Energy LLC (Kooly), Great Energy Solar Solution LLC (Great Energy LLC), Great Energy Solutions Inc. (Great Energy Inc.), and Does 1-20, alleging the following causes of action: (1) intentional misrepresentation, (2) concealment, (3) constructive fraud, (4) breac h of contract, (5) unjust enrichment, (6) breach of the covenant of good faith and fair dealing, and (...

Excerpt: ... is the owner of Maroon Society Inc. (“Maroon”). Maroon has assigned its claims to Celious. (Second Amended Complaint (“SAC”) ¶14.) Maroon is in the business of pr oviding data compilation, analysis and strategic services for both private and public sector entities. ( Id. ¶21.) Maroon engaged in a competitive bid process for two different projects for Defendant City of Los Angeles (the “City”). It was not chosen for either project. ...

Excerpt: ...he 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 the defendant of the f...

Excerpt: ...hnso n TRIAL DATE : None Se t. MOTION: (1) Motion to Strik e Tentative Rulings: (1) GRANTED I. BACKGROUN D A. Factual On November 27, 2023, Plaintiff, Leorna Shevorn a Johnson filed a Complaint against Defendants, Herbert H. Buehler, an individual and Trustee of the Buehler Family Trust dat ed February 6, 2015, Rosemarie Buehler, an Individual and Trustee of the Rosemarie Buehler Family Trust dated April 9, 2022, and Lois Brown, and DOES 1 throug...

Excerpt: ...NT. RESPONDENT IS TO FILE AND SERVE AN ANSWER TO THAT PLEADING PER THE TIME REQUIREMENTS OF THE CODE OF CIVIL PROCEDURE. ANALYSIS: On October 26, 2022, Petitioner Velma Butler (“Petitioner”) filed the instant Appeal of Labor Commissioner Award against Respondent AFT College Staff Guild Local 1521A (“Respondent”). The Petition is brought pursuant to Cal. Labor Code section 98.2 and was originally assigned to an unlimited jurisdiction court...

Excerpt: ...able Plaintiff to file a Code- compliant opposition brief, hearing date to be discusse d (2) CONTINUE D for the same reaso n I. BACKGROUN D On May 3, 2023, Plaintiffs, O.R. Barkhordar D.D.S., Inc., Omid Rabi Barkhordar D.D.S., Inc., and O.H. Barkhordar Dental Group, Inc. (collectively, “Plaintiffs”) filed a Complaint against Defendant, Cristina Ricalday, and DOES 1 through 100 . On January 4, 2024, Plaintiffs filed a First Amended Complaint (...

Excerpt: ...eidos Entities The Leidos entities demur on the basis that plaintiff does not allege sufficient facts showing they employed her. An “employer” includes “a person who ‘exercises control over the wages, hours, or working conditions' of a worker.” (Duffey v. Tender Heart Home Care Agency, LLC (2019) 31 Cal.App.5th 232, 246.) Under FEHA, multiple entities may be liable as “joint employers” ( Vernon v. State of California (2004) 116 Cal....

Excerpt: ...”) demurs to Plaintiff Marcus Briggans' (“Briggans”) (“Plaintiff”) first amended complaint (“FAC”). (Notice of Demurrer, pgs. 1-2; C.C.P. §§430.10(e), (f), 430.50(a).) Talan also moves to strike portions of the FAC. (Notice of MTS, pgs. 1 -3; C.C.P. §§435, 436.) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading ...

Excerpt: ...NED WITHOUT LEAVE TO AMEND. 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 Plaintiff Marion Martinez filed the operative Second Amended Complaint on December 18, 2023, alleging violations of Labor...

Excerpt: ...ke Punitive Damages Respondent: Plaintiffs Alicia Olivares, Stephanie Watkin, Amaris Violet Gutierrez, Abel Valentino Gutierrez, and Angelina Victoria Gallegos TENTATIVE RULING Defendants Kiewit Corporation, Kiewit-Parsons, Kiewit Infrastructure West Co., and Parsons Construction Group, Inc.'s Demurrer to Plaintiffs' First Amended Complaint and Motion to Strike Punitive Damages are CONTINUED to a date to be determined at the hearing in Department...

Excerpt: ...eging the following: 1. FEHA Discrimination 2. FEHA Retaliation 3. Failure to Provide Reasonable Accommodation 4. Failure to Engage in Interactive Process 5. Failure to Prevent Discrimination, Harassment, or Retaliation 6. Wrongful Termination in Violation of Public Policy 7. Constructive Termination. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Miller, ¶¶ 2 to 4; Code. Civ. Proc., § 430.41; Code Civ. Proc.,...

Excerpt: ... dispute. Plaintiff Daryl G. Crouse (Plaintiff or Crouse) alleges he was discriminated against and ultimately terminated from his position as an attorney at Defendant eAccidents, APC (Defendant or eAccidents) based on his religion and for reporting Defendant Avi E. Muhtar's harassing behavior. On October 2, 2023, Plaintiff filed a Complaint for (1.) wrongful termination, (2.) retaliation under Labor Code section 1102.5, (3.) religious discriminat...

Excerpt: ...sets a Non-Appearance OSC Re: Lee's Answer for April 30, 2024, at 8:30 a.m. Defendants to give notice. BACKGROUND On October 10, 2023, Kevin Kim (“Plaintiff”) filed a Complaint against Bruce Haebong Lee (“Lee”); Seven Seung Woo Bae (“Bae”); Masters Realty Group, Inc. (“MRG”); Masters Realty & Investment (“MRI”) (a corporation); Masters Realty & Investment (a business) ; and Does 1 – 50.) The operative Complaint alleges three...

Excerpt: ...ephen R. Hofer Law Corporation d/b/a Aerlex Law Group; Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (“Plaintiffs”) brought suit against Defendants Vicky Boladian and Boladian Aviation Law Group, APC (“Defendants”) alleging thirteen causes of action: (1) breach of contract – settlement agreement; (2) breach of contract – operating agreement and buy -sell agreement; (3) breach of implied covenant of good faith and fair dealing...

Excerpt: ...ntiff”) filed a complaint against defendants YHALLTOGETHER, Inc. (“YT”), Young Hee Seo (“Young”) and Does 1-50 (“Defendants”) alleging three causes of action for (1) conversion, (2) retaliation, and (3) w rongful termination. Young is YT's CEO and CFO. (Compl., ¶ 3.) In late September or early October 2023, Plaintiff began working as a cashier at a restaurant owned by Defendants. (Compl., ¶ 11.) Plaintiff alleges that was subject ...

Excerpt: ...ed 30 days leave to amend. The court sets a Non-Appearance OSC RE: Amended Complaint for May 3, 2024, at 8:30 a.m. The Case Management Conference is taken off calendar. Defendant to give notice. BACKGROUND On July 18, 2023, Anthony Wheaton pka Sir Jinx (“Plaintiff”) filed a Complaint against Grand Hustle Records, LLC (“Hustle”); Roc Nation, LLC (“Roc Nation”), and Does 1 to 50. The Complaint alleges four causes of action: (1) breach o...

Excerpt: ...rofessional negligence. On September 25, 2023, Defendant filed this demurrer. The demurrer targets the second cause of action for fraudulent concealment. LEGAL STANDARD A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (¿¿ Blank v. Kirwan (1985) 39 Cal.3d 311, 318¿¿.) “¿To survive a demurrer, the complaint need only alle...

Excerpt: ...emurs, per Code of Civil Procedure § 430.10(e) to the fifth cause of action in the Complaint on the grounds that there are no facts sufficient to support that cause of action against Defendant GM. Decision The demurrer is SUSTAINED, with 45 days leave to amend . Fifth Cause of Action: CLRA Civil Code § 1770 provides in relevant part as follows: “(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this sub...

Excerpt: ... Jon Teiber, Michael Katcher, a nd DOES 1-10. No proof of service has been filed as to Defendants David Bugliari, Jon Teiber and Michael Katcher . No trial date has yet been set. Instant Pleading Defendant Creative Artists now demurs to the entire Complaint on the grounds that all claims are barred by the statute of limitations. Decision Defendant Creative Artists' Request for Judicial Notice is DENIED. The attachment of another lawsuit, and the ...

Excerpt: ... papers. BACKGROUND This action was initiated on February 4, 2022, and arises out of a landlord/tenant relationship. The currently operative first amended complaint (the “FAC”) alleges: (1) violation of the California Unfair Competition Law (“UCL”); (2) violation of the California Consumer Legal Remedies Act (“CLRA”); and (3) conversion. In relevant part, the FAC alleges: Plaintiff entered into a lease agreement (the “Lease Agreemen...

Excerpt: ...ruled. The Motion to Strike is granted with leave to amend regarding punitive damages. This is a personal injury action involving exposure to toxic silica, metals and other fibrogenic substances. Plaintiff Oscar Alvarado Ortiz (Plaintiff) sued Defendant Architectural Surfaces Group, LLC and 48 other defendants for injuries Plaint iff allegedly sustained while working “in Los Angeles County, cutting, grinding, drilling, edging, and polishing gra...

Excerpt: ...Y JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION This is a discrimination, retaliation, and wrongful termination case. On April 29, 2021, Plaintiff, Carlos Chavez, filed a Complaint against Defendants, Schlumberger Technology Corporation and Timothy Ramey, alleging causes of action for (1) Interference with Right to Medical Leave under the California Family Rights Act, (2) Retaliation for Taking Medical Leave under the California Family Ri...

Excerpt: ... One is GRANTED. No sanctions. Moving Party to give NOTICE. The motion is unopposed as of March 27, 2024. This is a Song- Beverly action. Meet and Confer The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).) The Court finds Plaintiffs adequately met and conferred. (Decl. Lopez, ¶¶ 5- 6, Ex. C.) Timeliness Notice of the motion to compel further must be provided within 45 days of service o...

Excerpt: ...Complaint is DISMISSED with prejudice against Defendant Redwood Fire and Casualty Insurance Company. On July 20, 2022, Plaintiffs Ghazar Shabazyan and Gold Point Towing Inc. (Plaintiffs) filed suit against Defendants Berkshire Hathaway Homestate Insurance Company (Berkshire), Redwood Fire and Casualty Insurance Company (Redwood), Coverhound LLC dba Coverhound Insurance Solutions (Coverhound), and DOES 1 - 50 (collectively, Defendants) alleging: (...

Excerpt: ... permission to do so. (Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023.) Defendant Los Angeles County Metropolitan Transportation Authority to give notice. REASONING Defendant Los Angeles County Metropolitan Transportation Authority (“Defendant”) moves to strike the words “negligently, carelessly, managed and maintained” at paragraph 9 in Plaintiffs Eduard Cacares and Jennri Melendez (“Plaintiffs”)'s complaint. Defe...

Excerpt: ...lege as follows: Plaintiffs are the parents of Evelin Guadalupe Salas Melgoza (“Evelin”), who died in an April 27, 2022 motor vehicle collision on the I -10 eastbound freeway. On June 15, 2023, Plaintiffs filed a complaint, asserting causes of action against Defendants Noe Leonel Manzanarez (“Manzanarez”), Luz Hernandez (“Hernandez”) and Dos 1 -50 for: 1. Negligence 2. Negligent Entrustment 3. Negligence A Case Management Conference i...

Excerpt: ...ffrey Kai (“Defendants”) for damages arising from an automobile collision.¿ Defendants now move for an order requiring Plaintiff to post an undertaking in the sum of $100,000 pursuant to CCP § 1030. Plaintiff opposes the motion. As of March 20, 2024, no reply has been filed. II. MOTION TO REQUIRE PLAINTIFF TO FILE AN UNDERTAKING 1. Legal Standard In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any...

Excerpt: ...e of the John Richard Jackson and Sharon Elaine Jackson Revocable Inter -Vivos Trust; and DOES 1 - 10, Defendants . Case No.: 24STCV00917 Hearing Date: 3/7/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff Cetera Advisor Networks LLC's Motion to File Portions of Cetera Advisor Networks LLC's Complaint in Interpleader Under Seal. Court Order I. Background A. Pleadings Plaintiff Cetera Advisor Networks LLC sues Defendants Kimberly Tuminello, in h...

Excerpt: ...jointly, Defendants) for their allegedly false depiction of Plaintiff in the film entitled, “No Limit” (Film). On November 21, 2023, Defendants filed a Special Motion to Strike the Complaint pursuant to Code of Civil Procedure section 425.16 (Anti -SLAPP Motion). Thereafter, Plaintiff moved for leave to conduct discovery on Defendant's Anti -SLAPP Motion. The Court denied the motion. On March 7, 2024, Defendant Netflix filed a motion seeking ...

Excerpt: ...plaint against Roes 1 through 100 for (1) implied indemnity, (2) contribution, and (3) declaratory relief. On March 1, 2024, Defendant filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within th...

Excerpt: ...5, 2020. Defendants filed their answer on October 5, 2022. On March 1, 2024, Defendants filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue...

Excerpt: ...y seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.” Under CRC Rule 3.1332(c), “[a]lt...

Excerpt: ...pel verified responses from Plaintiff Alexander Rivkin (“Plaintiff”) to Form Interrogatories (Set One) (“FROG”); Special Interrogatories (Set One) (“SROG”) and Demands for Production of Docume nts (Set One) (“RPD”). Defendant also seeks monetary sanctions in connection with the motions. Plaintiff opposes the motions and Defendant replies. LEGAL STANDARDS 1. Interrogatories Pursuant to Code of Civil Procedure section 2030.290, “[...

Excerpt: ...nt of $1,010, payable by Cross -Defendant Mohammed Tehrani and defense counsel to Plaintiff Christian Carrillo and Plaintiff's counsel within thirty (30) days of ent ry of this order. Defendant/Cross -Complainant Marc Milo Mandel's Motion to Compel Responses to Requests for Production of Documents, Set One is GRANTED. Cross-Defendant Mohammed Tehrani shall serve code- compliant responses to Defendant/Cross- Complainant Marc Milo Mandel's Requests...

Excerpt: ...: 8:30 a.m. Dept. 56 AND RELATED CROSS- ACTIONS MOVING PARTY: Defendants Samuel E. Anguiano and Patricia J. Anguiano RESPONDING PARTY: None The Court has considered the moving papers. BACKGROUND This action arises out of a contract for sale of real property. The currently operative first amended complaint (the “FAC”) was filed on July 13, 2022 and alleges specific performance for the sale of real property. On October 10, 2023, Defendants file...

Excerpt: ...arty to the action written interrogatories to be answered under oath.” (Code Civ. Proc., § 2030.010(a).) If a propounding party is not satisfied with the response served by a responding party, the former may move the court to compel further interrogatory responses. (Code Civ. Proc., § 2030.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) The propounding party must demonstrate that th...

Excerpt: ... action. On May 1, 2023, Plaintiff Aaron Koonce filed a complaint against Defendant Kia Motors America, Inc. for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violat ion of Subdivision (a)(3) of Civil Code Section 1793.2; and Breach of the Implied Warranty of Merchantability. [TENTATIVE] RULING: Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Produc...

Excerpt: ... On February 8, 2024, Defendant filed this motion to continue trial. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color-Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A ...

Excerpt: ...37- 60, and 70. The Motion is denied as to RPD Nos. 1, 14, 15, and 16. Background - Procedural History On June 14, 2023, LWL Co., Inc., (Plaintiff) filed a Complaint against Ford Motor Company (Defendant) for two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song -Beverly Act and (2) Breach of Express Warranty under the Song -Beverly Act. After Plaintiff propounded Requests for Production on October 2, 2023, respon...

Excerpt: ...s 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 a habitability matter. Defendants 3J1M LLC, Ironwood Velvet LLC, and Aperto Property Management Inc. seek to compel the depositions of Plaintiffs Dawnielle Desensi, Shyann Redmond, and Alexis Redmond. Counsel for Plaintiffs, Suzanne E. Rand- Lewis, without citing any real...

Excerpt: ...ving 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 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. (“T...

Excerpt: ... Plaintiff KZ International, LLC SERVICE: Filed December 18, 2023 OPPOSITION: Filed March 14, 2024 REPLY: Filed March 20, 2024 RELIEF REQUESTED Defendant moves for an order compelling Plaintiff to provide further responses to his requests for the production of documents, form interrogatories, and special interrogatories. BACKGROUND This case arises out of Plaintiff KZ International, LLC's (“Plaintiff”) claim that Defendant Armen E. Babayan so...

Excerpt: ...atanian ordered a new 2022 Tesla Model Y from Tesla, Inc. pursuant to a motor vehicle order agreement (“MVOA”). (Ex. 1 to Kim Decl.) Plaintiff could not have placed the order without agreeing to the terms and conditions of the MVOA. (Kim Decl. ¶¶ 3 -4.) The MVOA contains an arbitration provision which states that “you [Plaintiff] agree that any dispute arising out of or relating to any aspect of the relationship between you [Plaintiff] an...

Excerpt: ... Leal Juan was employed there as a line cook from January 2022 to September 2023. Plaintiff claims he requested medical leave for an alleged disability as well as complained about health and safety issues. In response, Defendant terminated him on September 7, 2023. The operative first amended complaint (“FAC”) alleges eleven claims for (1) disability discrimination, (2) failure to accommodate, (3) failure to engage in an interactive process, ...

Excerpt: ...gs Pending Arbitration The Court has considered the moving, opposition, and reply papers. The motion is GRANTED. Background This is an action arising from Plaintiff Bianca Villalpando (“Plaintiff”) being wrongfully terminated and subject to discriminatory actions during her employment with Defendant Nationstar Mortgage LLC (“Nationstar”). On October 31, 2023, Plaintiff filed a Complaint against Defendants Nationstar, Jennifer Ruiz, Elizab...

Excerpt: ...riffith Company and its counsel, Alex M. Chazen, on its motion to compel compliance is granted in the reduced amount of $1,485.00, payable within 15 days. Defendant ABP Parcel 6, LLC's motion to compel further responses from Plaintiff Griffith Company to Defendant's Request for Admissions (Set Two) is granted. Plaintiff is ordered to provide Code-compliant responses without objections within 15 days. Defendant ABP Parcel 6, LLC's request for sanc...

Excerpt: ...ionwide Environmental Services moves to compel compliance with a deposition subpoena of business records served on non- party Shin Imaging Center. Defendant also seeks sanctions. Legal Standard A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection an...

Excerpt: ...aintiff's request for monetary sanctions in the reduced amount of $1,060.00. Seidner and its counsel must pay said monetary sanctions to counsel for Plaintiff within 30 days of the Court's order. Plaintiff is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a products liability action. On November 15, 2022, plaintiff Sophia Soli (Plaintiff) filed this action against defendants Polaris Indust...

Excerpt: ...y Insurance Company and California Automobile Insurance Company Resp. Party: None The Motions to Compel Deposition are GRANTED. Plaintiffs shall make themselves available for deposition within fifteen (15) days of the issuance of this Order. Monetary sanctions are AWARDED in favor of Moving Defendants and against Plaintiffs and Plaintiffs' Counsel, jointly and severally, in the total amount of $915.00. BACKGROUND: On October 3, 2022, Plaintiffs E...

Excerpt: ...rs LLC (“Defendant”) on April 11, 2023. On September 26, 2023, Plaintiff served 56 requests for production, 5 of which are at issue here. (Liu Decl., Ex. 7). On the same day, Plaintiff propounded discovery requests, Plaintiff sent a meet -and-confer letter regarding Electronically Stored Information (“ESI”). GM served Plaintiff with full and complete responses to Plaintiff's Requests for Production on October 25, 2023. (Liu Decl., Ex. 8 a...

Excerpt: ... Pacoima Plaza Shopping Center, LLC's Request for Production of Documents, Set 1. Additionally, Pacoima Plaza requests an award of sanctions against Plaintiff and her counsel in the amount of $1,815.00. RULING : The request to compel Plaintiff to provide further responses to Requests for Production of Documents, Set 1, is granted. Further responses are due within 30 days. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY ...

Excerpt: ...endant wro ngfully refused to authorize a needed surgery for Plaintiff based on surgery guidelines that were biased and financially-driven. On March 1, 2024, Plaintiff filed the instant motion to compel further responses to her requests for production. Defendant filed a late opposition on March 15, 2024. Plaintiff filed her reply on March 20, 2024. The Court does not find Defendant's late opposition to be prejudicial and proceeds on the merits. L...

Excerpt: ...Plaintiff Brenda Vela's (Plaintiff) purchase of an allegedly defective 2021 Jeep Compass. On February 28, 2023, Plaintiff filed a Complaint against Defendant FCA US LLC (Defendant) and DOES 1 through 10, inclusive, alleging causes o f action for: (1) violation of the Song-Beverly Act — breach of express warranty and (2) violation of the Song -Beverly Act —breach of implied warranty. On April 3, 2023, Defendant filed an Answer to the Complaint...

Excerpt: ...at 344 S. Rexford Drive #6, Beverly Hills, California 90212 (the “Premises”). Plaintiff Miriams Well, LLC is the Landlord. The parties signed an “Unlawful Detainer Stipulation and Judgment”. The stipulation provided for judgment of $42,600 which was subject to partial waiver if Tenants made timely payments of (1) $7,200 on July 20, 2023, (2) $7,200 on September 20, 2023, and (3) an additional $200 per month for 12 months beginning October...

Excerpt: ... Plaintiff to Compel Responses to Special Interrogatories, Set Two, from Defendant and for Sanctions. TENTATIVE RULING The Court DENIES Plaintiff's motions to compel responses. The Court DENIES Plaintiff's requests for monetary sanctions. Defendant Hassan Hashemian is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract action. On July 20, 2021, plaintiff Michael Hashemian (...

Excerpt: ... 04/03/23: Dismissal pursuant to settlement. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a wage and hour action. Plaintiffs allege that they were not adequately compensated for overtime nor provided meal or rest breaks. Plaintiffs move to enforce a settlement agreement. TENTATIVE RULING: Plaintiffs' Motion to Enforce Settlement is GRANTED. Judgment is entered this date for Plaintiffs and against Defendant J.D. Meints in the amount of ...

Excerpt: ...f”) and defendant Terry McElroy (“Defendant” and, together with Plaintiff, “Parties”) entered into an agreement through which Defendant assigned his rights in certain liens on patients to Plaintiff. (Complaint p. 2.) On March 7, 2022, Defendant told Plaintiff that the agreement was not valid. (Ibid.) On August 17, 2022, Plaintiff initiated this lawsuit by filing a complaint alleging a cause of action for breach of contract. On October 2...

Excerpt: ...023, Plaintiff, Vivienne Halston (“Plaintiff”) filed a Complaint against Defendant, Victor Ortiz, Ashish Lal, and Esa Management, LLC. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) General Negligence. On January 2, 2024, this Court sustained the demurrer to all causes of action, and allowed Plaintiff twenty (20) days leave to amend. Defendant, Victor Ortiz (“Ortiz”) notes that Plaintiff was properl...

Excerpt: ... Trial was initially set for June 13, 2022. In May 2022, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued to April 5, 2023. In December 2022, on the stipulation of the parties, trial was continued to July 21, 2023. In May 2023, on the stipulation of the parties, trial was continued to September 21, 2023. In August 2023, on Defendants' ex parte application, and over Plaintiff's objection, trial was continued...

Excerpt: ...on to continue the trial, to be heard on March 26, 2024. On March 4, 2024, Plaintiff filed notice of non- opposition. Trial is currently scheduled for April 29, 2024. PARTY'S REQUEST Defendant asks the Court to continue the trial to October 29, 2024 or the next available date. LEGAL STANDARD A. Request to continue trial California Rules of Court, rule 3.1332 provides: “(a) Trial dates are firm “To ensure the prompt disposition of civil cases,...

Excerpt: ... Defendants allegedly failed to pay the balance due of $684,625.77 for the delivered merchandise. Plaintiff alle ges claims for breach of contract, account stated, common counts and unjust enrichment. Defendant Parmida, LLC, filed a cross -complaint against Plaintiff for false advertising and unfair competition contending that Plaintiff overstated the lumen output and energy efficiency of the products. II. ARGUMENTS Defendant Parmida served Plain...

Excerpt: ...y may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) In addition to the limited number of interrogatories that may be propounded, a party may propound “a supplemental interrogatory” to obtain later -acquired information on¿matters covered¿by earlier interrogatories (but not on other topics). (Code Civ. Proc., § 2030.070(a).) The statute contains no time limit for a motion to c...

Excerpt: ...imited liability company; KATHY SMITH, an individual; and ROES 1 through 200, inclusive, Cross -Defendants . Case No.: BC701226 Hearing Date: 3/26/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff/Cross -Defendant St. Andrew's Pharmacy, LLC's Motion for Order Compelling Responses to Judgment Creditor Special Interrogatories and for an Award of Sanctions; and Plaintiff/Cross-Defendant St. Andrew's Pharmacy, LLC's Motion for Order Compelling Resp...

Excerpt: ... 56 MOVING PARTY: Plaintiff Enrique Corral RESPONDING PARTY: None The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a wrongful termination case. Plaintiff Enrique Corral (“Plaintiff') initiated this action against Defendant Aqua Concepts (“Defendant”) on July 25, 2022. The complaint against the following causes of action against Defendant: (1) discrimination in violation of the California Family Ri...

Excerpt: ...ction, leaving only Rodriguez as an active defendant. 2. Motion to Compel Mental Examination a. Relief Sought Defendant seeks an order compelling Plaintiff to attend a mental examination on the ground that he is claiming severe emotional distress as a result of the incident that forms the basis of the action. b. Opposition Plaintiff opposes the motion. He argues it should be denied because (a) Defendant erroneously noticed a physical examination ...

Excerpt: ... Further Responses to RFPs (Set One) is GRANTED. Defendant City of Santa Monica is ordered to serve responses to RFPs Nos. 19, 30 -33, and 35 -41 without objection within 10 days. Plaintiff has not reque sted sanctions. “California law provides parties with expansive discovery rights.” ( Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 590.) “Unless otherwise limited by order of the court… any party ...

Excerpt: ...CTIONS I. BACKGROUND Plaintiff alleges claims for premises liability and negligence arising from a dangerous condition at Defendant's property. Plaintiff moves to compel Defendant's further responses to form interrogatories and special interrogatories. Plaintiff contends that Defendant asserted only objections after Plaintiff granted five extensions to respond. Defendant maintains objections despite efforts to meet and confer. Defendant filed an ...

Excerpt: ... Motta (“Motta”) (“Plaintiff”) moves for an order permitting her to conduct limited discovery related to Defendants Estrella Radio Broadcasting of California LLC's and Estrella Media, Inc.'s (collectively, “EMI”) (collectively, “Defendants” ) special motion to strike portions of Plaintiff's Complaint. (Notice of Motion, pg. 2; C.C.P. §425.16(g); Balla v. Hall (2021) 59 Cal.App.5th 652, 692 -693.) Background Plaintiff filed her op...

Excerpt: ... Inc. (“Modern HR”); and Amanda Moore (“Moore”). All of the defendants except CPE and Modern HR filed a motion to compel arbitration on May 31, 2023, and CPE and Modern HR filed a notice of joinder on June 1, 2023. Plaintiff opposed the motion, which the Court granted on August 17, 2023, and the Court stayed the case. Notwithstanding the stay, Plaintiff's counsel named six more defendants to this case on September 18, 2023. Then, Plaintif...

Excerpt: ... Plaintiff alleges that his 2022 Tesla Model 3 suffers from widespread defects including: body system, powertrain system, safety system, electrical system, braking syste m, and noise system. Plaintiff alleges the following causes of action: 1. Violation of Civ. Code 1793.2(d); 2. Violation of Civ. Code 1793.2(b); 3. Violation of Civ. Code 1793.2(a)(3); 4. Breach of Express Warranty of Merchantability Under the Song-Beverly Warranty Act; 5. Breach...

Excerpt: ...ESPONDING PARTY: Defendant Centaurus Financial, Inc. (“Defendant”) The Court has considered the moving, opposition and reply papers. BACKGROUND This action arises out of alleged mishandling of Plaintiffs' investment property. The currently operative second amended complaint (the “SAC”) alleges: (1) breach of fiduciary duty; (2) California financial elder abuse; (3) Illinois financial elder abuse; (4) breach of contract; (5) breach of impl...

Excerpt: ...cable Living Trust (“Tuggle”), and Robert Conrad; and Responding Party: None Demurrer without Motion to Strike to Cross- Complaint The court considered the moving papers. No opposition has been filed. The court OVERRULES in part Cross-Defendants' demurrer to the first through fifth causes as moot and SUSTAINS in part the demurrer as to the sixth, seventh, eighth, tenth, and eleventh causes of action. Kamath is granted leave to amend only as t...

Excerpt: ...ffordable Multi -Family, LLC's Petition to Confirm Arbitration Award is granted. Baronet & Co., Inc.'s Petition to Vacate Arbitration Award is denied. Background Victorville/Desert Springs, L.P. and Affordable Multi- Family, LLC (“Petitioner”) filed the petition on November 15, 2023. The underlying dispute involved a settlement agreement in which petitioner was to make certain payments in exchange for respondent's d ismissal of three breach o...

Excerpt: ... or its predecessor in interest. Defendant failed to make periodic payments and now owes over $68,000. Plaintiff moved for entry of d efault judgment, which the Court granted on July 17, 2023. This hearing is on Defendant's motion to vacate entry of default judgment. Defendant claims he was not properly served with the complaint and summons, and his physical characteristics do not match the description of the person described in the proof of serv...

Excerpt: ...s (“Rios”). Plaintiffs presents: (1) Dr. Fu was informed by Rios that the baby did not have a fetal heart tone and had died in utero and was in breach with his feet; (2) Fu began to deliver the baby in a negligent manner causing the head of the baby to become entrapped and detached; (3) the delivery was such that the baby was delivered with the decapitated head remaining within Flores; (4) Dr. Fu presented the body of the baby to Flores witho...

Excerpt: ...ems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) Punitive damages may be recovered upon a proper showing of malice, fraud, or oppression. (Code Civ. Proc., § 3294.) “Malice” ...

Excerpt: ...Y: Defendant Allied Physicians of California, PMC (“Defendant”) The Court has considered the moving and opposition papers. BACKGROUND On June 8, 2022, Plaintiff filed the operative Complaint in this case against Defendant Allied Physicians of California, PMC dba Allied Pacific IPA, erroneously sued and served as Allied Pacific IPA (“Defendant”) and DOES 1 through 10, inclusive for: (1) General Negligence; (2) Humiliation; and (3) Emotiona...

Excerpt: ...ourt considered the moving papers filed in connection with this motion. No opposition papers were filed. DISCUSSION Plaintiff JG Concepts Inc. (“Plaintiff”) moves the court for an order (1) striking the answer filed by defendant Jeremy Mathiason (“Defendant”) and entering his default, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $1,635. Plaintiff moves for this relief on the ground that ...

Excerpt: ...ing from an automobile incident. The complaint sets forth a single cause of action for negligence, and includes a prayer for punitive damages. Defendant now moves to strike the prayer for punitive damages and any and all reference to punitive or exemplary damages. Any opposition was due on or before March 13, 2024; the motion is unopposed. II. MOTION TO STRIKE 1. Meet and Confer Before filing a demurrer and motion to strike, the demurring and mov...

Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...

Excerpt: ...cability of the original lease's termination provisions in accordance with the briefing schedule set by the court. BACKGROUND This is a breach of contract action arising from a series of sublease agreements. Defendants Cups (DE) LP (Cups) and Wadd -II (TN) LP (Wadd) are alleged to be the owners of a commercial property in the City of Industry. Since 2001, Defendant Novolex Holding s, LLC (Novolex) allegedly rented the City of Industry property fr...

Excerpt: ...ntiff has not shown any extrinsic fraud. “Extrinsic fraud occurs when a party is deprived of the opportunity to present a claim or defense to the court as a result of being kept in ignorance or in some other manner being fraudulently prevented by the opposing party from fully participating in the proceeding.” ( County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228 –1229.) Plaintiff's motion refers to various potential frauds, such...

Excerpt: ...r Plaintiff SoCal Lien Solutions, LLC (“Plaintiff”) filed this breach of contract action against BDB Properties (“Defendant”), based upon having been assigned the claim, per Civil Code section 954. The Court incorporates its minute orders of March 23, 2021, and September 29, 2023, by reference and includes the relevant details in this order. Plaintiff filed this action on August 8, 2019. The summons and original complaint were served on �...

Excerpt: ... a wrongful termination and employment discrimination action. Plaintiff alleges that Defendants refused to accommodate Plaintiff for a work -related injury and terminated her for pursuing accommodations. Defendant OSI Staffing, Inc. moves to set aside the default entered against it under Code of Civil Procedure section 473.5. TENTATIVE RULING: Defendant OSI Staffing, Inc.'s Motion to Set Aside Default is GRANTED. Defendant is ordered to file and ...

Excerpt: ...Plaintiff”) contends this motion is untimely, “a default judgment entered against a defend ant who was not served with a summons in the manner prescribed by statute,” thus failing to establish personal jurisdiction over the defendant, “is void.” (Dill v. Bernquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Pursuant to Code of Civil Proc edure section 473, subdivision (d), the Court may “set aside any void judgment or order,�...

Excerpt: ...arty: None. Motion to Seal The Court considered the moving papers. The motion is GRANTED. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto -Wade LLC dba Golden State Cider (“Defendant”), and DOES 1 -10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On November 13, 2023, De...

Excerpt: ... Antonio Regla and Antonio's Trucking, Inc. for injuries arising from a motor vehicle incident. The trial date is currently set for September 17, 2024. On March 1, 2024, Plaintiff filed the instant motion to reopen discovery for the limited purpose of expert discovery to track with the current trial date. Defendant Antonio Regla dba Antonio Trucking, erroneously sued and served as Antonio Regla, and Anton io's Trucking, Inc. (“Defendant...

Excerpt: ...as follows: On June 28, 2020, Plaintiff purchased a 2020 Honda CR -V, VIN No. 2HKRW1H55LH410957 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On September 25, 2023, Plaintiff filed a complaint, asserting causes of action against American Honda Motor Co., Inc. and Does 1 -10 for: 1. Violation of Song -Beverly...