Excerpt: ...int stipulation to arbitrate their claims. ed. The order signed by the Court on that same day stated that “the action shall be stayed pending completion of the arbitration and rendering of the arbitrator's award.” The arbitration did not go forward. On December 29, 2023, the court lifted any stay imposed pursuant to the parties' stipulation to arbitrate. On April 15, 2024, Defendants filed this motion to dismiss. On April 25, 2024, Plaintiff ...

Excerpt: ...yung Chang, The H Realty, and Christina Kwon. Multiple causes of action are pleaded against Defendants. On January 2, 2024, Defendants LNP Everland, Inc., Eui S. Chang, H Realty, and Christina Kwon filed their Answer to the Complaint. On January 5, 2024, Defendant Emotional Health Association filed its Answer to the Complaint. On March 26, 2024, the Court denied without prejudice the Motion to Determine Good Faith Settlement filed by Defendants L...

Excerpt: ... Builds LLC (“FQB”), Farshid Seyed Hosseni (“Hosseni”), Elham Riahi Moghaddam (Moghaddam”), and Eli Tour LLC (“Eli”) (sometimes collectively, “Defendants”) RESPONDING PARTY: Plaintiff Pooria Navid (“Navid”) The Court has considered the moving and opposition papers. BACKGROUND On October 19, 2023, Plaintiff Navid filed a Complaint against Defendants FQB; Hosseni[1]; Moghaddam; Eli; and DOES 1- 50, inclusive for: (1) Breach of...

Excerpt: ...f Vehicle Code 20001 – Hit -and - Run) RELIEF REQUESTED IN MOTION TO STRIKE: On order striking allegations in the 3 rd cause of action (¶65) regarding and the prayer (Prayer for Relief ¶3) for punitive damages in the First Amended Complaint. RULING : The demurrer is sustained without leave to amend. To the extent the motion to strike is not rendered moot by the ruling on the demurrer, it is granted without leave to amend. Answer is due within...

Excerpt: ...ATIVE] ORDER DENYING WITH PREJUDICE MOTION FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTIONS Dept. 48 8:30 a.m. May 7, 2024 On June 1, 2023, Plaintiff Dylan Scott Perry (“Plaintiff” or “Perry”) filed this action against Defendant Walt Disney Company dba Twentieth Century Studios (“Defendant” or “Disney”), relating to alleged death threats through their show “American Dad!”, stalki ng, and breaking into his phone a...

Excerpt: ...018. Ms. Simone Shah (“Shah”) served as Dwell Management's chief executive officer. Shah later terminated Ackerman's employment. On April 25, 2018, Ackerman filed a claim with the Labor Commissioner to recover unpaid wages and penalties. On November 18, 2021, the Labor Commissioner awarded Ackerman overtime wages of $22,383.38, interest of $8,235.86, and waiting penalties of $5,040.00, for a total of $35,659.24. Dwell Management and Shah (her...

Excerpt: ...costs 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, 2020, Plaintiffs filed their ope...

Excerpt: ...I, LLC, Alon Realty, LLC, WSS, City of Los Angeles, Hazel Pacheco Gonzalez, and Ana Cabrera Noriega for (1) negligence, (2) negligent infliction of emotional distress, (3) negligence, premise liability, and (4) negligent hiring , training, supervision, and retention causes of action arising out of injuries sustained from a roof collapsing on October 20, 2019. The First Amended Complaint was filed on April 8, 2022. On September 30, 2021, Eurostar,...

Excerpt: ...led an answer to the complaint, with the subject causes of action and allegations stricken, on 12/20/23. 2. Motion for Judgment on the Pleadings a. Grounds for Motion LBUSD moves for judgment on the pleadings on the ground that AB 218 is unconstitutional. b. Legal Standard CCP §438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of th...

Excerpt: ...s Code section 17200 on the grounds that it is uncertain, ambiguous and unintelligible and fails to plead any unlawful, unfair, or fraudulent business practices. Background This is a lemon law action. This lawsuit was filed on March 5, 2024 by Plaintiff Leopoldo Cabello (“Plaintiff”) against Defendants alleging four causes of action: (1) Breach of Express Warranty; (2) Breach of Implied Warranty; (3) Violation of Business and Professions Code...

Excerpt: ...y encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. This is an action in which Plaintiff Hennig, Kramer, Ruiz & Singh, LLP, Defendant Wendy Seretan's former attorney, claims that Defendant failed to compensate Plaintiff after Plaintiff was able to settle Defendant's case. On April 22, 2022, Plaintiff filed the operative Complaint asserting claims for (1) breach of contract, (2) breach of the implied covena...

Excerpt: ...lations of the FEHA and the Labor Code. Plaintiff alleges that she was employed by Defendants between 1978 and 2018. Despite her good performance in her job functions throughout her employment, Defendants terminated her in 2018. Pl aintiff was over 40 years old at the time of her termination and was replaced by someone significantly younger. PROCEDURAL HISTORY On January 28, 2019, Plaintiff Frances Atkins filed her Complaint against Defendants St...

Excerpt: ...tion of Civil Code §52.1, and violation of Civil Code §51.7. 2. Motion for Leave to Amend a. Prior Hearing on Motion for Summary Adjudication On 3/19/24, the Court heard the City's motion for summary adjudication. The City sought summary adjudication of two issues. First, it asked the Court to adjudicate whether it was vicariously liable for a sexual assault committed by Assef when he was off duty. Second, it asked the Court to adjudicate wheth...

Excerpt: ...ising out of an automobile accident that occurred on October 14, 2021, at or near the intersection of Vermont Avenue and 43rd Street in Los Angeles. Lyft and Bah filed their answers on January 27 and May 1, 2023. On March 15, 2024, Lyft filed this motion for leave to conduct a mental examination of Plaintiff. Plaintiff filed an opposition and objection on April 3. Defendant filed a reply and response to the objection on April 9. The motion came o...

Excerpt: ...Order Allowing Plaintiff to File a First Amended Complaint is GRANTED. The Court orders Plaintiff to serve and electronically file the proposed First Amended Complaint—which is attached to the declaration of counsel in support of the amended motion —by the close of business on Friday, May 10, 2024, so that it becomes an operat ive pleading in this action. The Court finds that the demand amount in the proposed First Amended Complaint takes thi...

Excerpt: ...a First Amended Complaint on 3/5/24, alleging the following causes of action: 1) Breach of Contract; 2) Breach of the Covenant of Good Faith and Fair Dealing; 3) Private Nuisance; 4) Violation of Penal Code Section 496; 5) Trespass; 6) Battery; (7) Unfair Business Practices; 8) Intentional Infliction of Emotional Distress; and (9) Violation of Civil Code Section 51.9. Plaintiffs' motion seeks leave to file a proposed Second Amended Complaint (SAC...

Excerpt: ...inants/Defendants Soon Kym Lee and Sang Hi Kim's motion for a new trial is DENIED. ANALYSIS: Motion For New Trial On November 20, 2023, following a bench trial, the Court issued a Statement of Decision and entered judgment in accordance therewith. Cross -Complainants/Defendants Soon Kym Lee and Sang Hi Kim move for a new trial. Civ. Proc. Code, § 659(a) provides: (a) The party intending to move for a new trial shall file with the clerk and serve...

Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...

Excerpt: ... to amend. Padilla's Company, Inc., et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on August 7, 2023. Plaintiff alleges the following facts. Plaintiff is the general contractor for a construction project (“Project”) located at 1700 S. Pacific Coast Highway, Redondo Beach, California. Plaintiff entered into sub -contracts with Padilla's Company, Inc. for rough grading and shoring, and, later...

Excerpt: ...fendant The People Concern. The Complaint alleges the following. Plaintiff is currently a resident of Defendant The People Concern, which is a temporary housing shelter. (Compl., p. 1.) Plaintiff informed Defendant's staff that she does not eat meat, such as beef, chicken or turkey. ( Ibid.) On April 27, 2023, a member of Defendant's staff served Plaintiff dinner that contained chicken. (Compl., pp. 1 -2.) The staff told Plaintiff the chicken was...

Excerpt: ... at 1619 W. 70 th Street, Los Angeles, CA, 90047 (the “Subject Property”). In 2008, Escoto was experiencing financial issues and was close to losing the Subject Property. At the time, Escoto was in a committed relationship with Defendant Cesar Enrique Villafuerte (“Defendant” or “Villafuerte”). Villafuerte offered to help. Escoto eventually agreed to transfer the Subject Property to Villafuerte on a short sale basis through a quit cla...

Excerpt: ...IVIL CODE § 51 et seq (“UCRA”). On November 22, 2023, Plaintiff filed her first amended complaint (FAC). On February 8, 2024, default was entered against Defendant. On March 26, 2024, Plaintiff filed the instant application. Discussion The application is denied with prejudice for two reasons. 1. First Defect First, the FAC fails to adhere to California Code of Civil Procedure (CCP) section 425.10 subdivision (a), subsection (1), which provid...

Excerpt: ... the “Driver”) and Vangaurd Construction (the “Corporation”). On January 2, 2024, proof of service (POS) was filed as to Cuevas, indicating that he was served via personal service on 12/29/23. On January 11, 2024, the POS was filed as to the Corporation indicating that it was served via substituted service on 1/4/24 by serving the “personal authorized to accept” on behalf of the agent for service, Billie Sposeto. On January 30, 2024, ...

Excerpt: ...nse Board to enter into construction contracts in the State of California. (Complaint ¶ 3.) Between March 31, 2023 and April 12, 2023, pursuant to a written work authorization contract dated Apri l 4, 2023, Plaintiff performed work of improvement consisting of demolition, water remediation, dryout, and mold mitigation work at Defendant Jasmine Xu's (“Defendant”) property. (Complaint ¶ 8.) Plaintiff has substantially completed all work it wa...

Excerpt: ...cember 7, 2023 OPPOSITION: Filed April 22, 2024 REPLY: Filed April 30, 2024 RELIEF REQUESTED Defendants demur to the fourth cause of action for Quiet Title and the ninth cause of action for Negligence of the Complaint. Defendants request the Court (1) sustain the demurrer without leave to amend; (2) enter an order dismissing the actio n; and (3) award Defendants costs. BACKGROUND This case arises out of an action filed by Plaintiffs Anita and Dav...

Excerpt: ...leave to amend. I. BACKGROUND On February 7, 2024, Plaintiffs Justo Ignacio Guadarrama Flores and Mercedes Avelia Alavez Palacios filed their Complaint against Defendant Oralia Parga alleging the following causes of action: C/A 1: Damages Cause C/A 2: Breach of Contract C/A 3: Intentional Infliction of Emotional Distress The Complaint alleges the following. Plaintiffs are tenants and entered into a contract on June 1, 2016 to rent the subject apa...

Excerpt: ...nt Walt Disney Company dba Twentieth Century Studios (“Disney”), alleging a violation of his Civil Rights, as outlined in the Declaration of Independence, including his ri ght to Liberty and the Pursuit of Happiness. On September 8, 2023, Defendant Disney filed a demurrer. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, court...

Excerpt: ...s ankle monitor caused him pain. When Plaintiff went to have the ankle monitor removed, Defendants cut and/or punctured Plaintiff's leg. (See Complaint p. 6.) On August 22, 2023, Plaintiff filed suit for: 1. General Negligence 2. Negligent Hiring, Supervision, Training, and Retention On January 12, 2024, the City filed a demurrer. On January 29, 2024, the court held a proceeding re: Failure to File Proof of Service; Case Management Conference (on...

Excerpt: ...ge that from May through June of 2018, decedent was treated at defendants' health care facilities, and that defendants negligently cared for decedent while under defendants' care. On May 23, 2018 decedent came from Hoag Hospital to defendant Alhambra Hospital Medical Center (AHMC) and was treated. On May 29, 2018, de cedent was transferred from defendant AHMC to Sunny View Care Center. Decedent returned to defendant AHMC on June 5, 2018, was eval...

Excerpt: ... Builds LLC (“FQB”), Farshid Seyed Hosseni (“Hosseni”), Elham Riahi Moghaddam (Moghaddam”), and Eli Tour LLC (“Eli”) (sometimes collectively, “Defendants”) RESPONDING PARTY: Plaintiff Pooria Navid (“Navid”) The Court has considered the moving and opposition papers. BACKGROUND On October 19, 2023, Plaintiff Navid filed a Complaint against Defendants FQB; Hosseni[1]; Moghaddam; Eli; and DOES 1- 50, inclusive for: (1) Breach of...

Excerpt: ...Plaintiff's First Amended Complaint The court has considered the moving papers and opposition. No reply brief was filed. The demurrer filed by Defendant JP Morgan Chase Bank, N.A. is SUSTAINED with 20 days leave to amend. Background This is an action arising from fraudulent actions pertaining to Plaintiff's business checking account. On September 30, 2022, Plaintiff AC Floor Covering Company, Inc. (“Plaintiff”) filed a Complaint against Defen...

Excerpt: ...23 Dept. 48 8:30 a.m. May 7, 2024 On May 22, 2023, Plaintiff Dylan Scott Perry (“Plaintiff”) filed a Complaint against Defendant Walt Disney Company (“Defendant”). On June 1, 2023, Plaintiff filed a First Amended Complaint titled as “Petition for Threats made by The Walt Disney Company.” The Complaint alleges that The Walt Disney Company used its show “American Dad!” to threaten to murder him, his father, and his girlfriend. On Ju...

Excerpt: ...“TAP”). The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. The SAP Petitioners commenced this proceeding on November 29, 2022. On February 27, 2024, Petitioner filed the SAP, the operative pleading, which alleges causes of action for declaratory relief and/or mandamus. The verified SAP alleges in pertinent part as follows. a. Vacating the Pro...

Excerpt: ...laintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant Green Check Verified's Answer; Plaintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant GCV Ventures, LLC's Answer “A party against whom an answer has been filed may object, by demurrer as provided in [Code of Civil Procedure] [s]ection 430.40, to the answer upon any one or more of the following grounds: [¶] (a) The answer does not state f...

Excerpt: ... make an offer of proof to address the defects identified herein. The Court DENIES the motion to strike as moot. Defendants Yudan Li and Bingwei Guan are ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract case. On October 6, 2023, plaintiff Yuzheng Chen (Plaintiff) filed this action against defendants Longji Guan, Xiuhua Liang, Bingwei Guan (Guan), Yudan Li (Li) (collectiv...

Excerpt: ... technician injected her with what was a used needle. Plaintiff further presents that (1) the tec hnician neither informed Salazar that the needle was a used needle and took no efforts to eliminate or minimize the potential hazardous contents that were injected into Plaintiff's left arm; (2) the technician then removed from a package another needle; (3) Plaintiff was not informed of the contents of the second needle or why a second needle needed ...

Excerpt: ...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, and Defendant J...

Excerpt: ...]: I. BACKGROUND Plaintiff Jiran Saevitzon (“Plaintiff”) owns and resides at a certain residential property (the “Property”), which is encumbered by a certain first deed of trust (the “Deed of Trust”). (Complaint pp. 1– 2.) Defendant Mill City Mortgage Loan Trust 2017 -3, Wilmington Savings Fund Society, as trustee (“Mill City”) is the assignee of the original lender and current holder of the Deed of Trust. ( Id. at p. 1.) Defen...

Excerpt: ...om Respondents Dean Logan (“Logan”) and Office of the Los Angeles County Registrar -Recorder/County Clerk (collectively, “Registrar”). The court has read and considered the moving papers, opposition, reply, the supplemental moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Committee filed this proceeding on October 18, 2022. The operative plead...

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

Excerpt: ...reach of Contract; 2) Breach of Implied Covenant of Good Faith and Fair Dealing; 3) Intentional Misrepresentation; 4) Negligent Misrepresentation; 5) Professional Negligence; 6) Violation of Business and Professions Code S 17200. Defendant Michael Navi ("Navi") moves the Court for orders compelling Plaintiff to serve further responses to the following discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Plaintiff Propounded:...

Excerpt: ...compel arbitration granted. Motion to consolidate denied, but the arbitrations of the PAGA and individual claims are ordered consolidated pursuant to Code Civ. Proc. § 1281.3. This is a wage -and -hour proposed class action (No. 23STCV23334), which is related to a Private Attorney General Act (PAGA) action (No. 23STCV29662). Plaintiff Euriah David Ontiveros (Plaintiff) alleges that he and others were employed by defendants Benihana Downey Corp.,...

Excerpt: ...land and Phillip Perry -Lara Roush (jointly, “Plaintiffs”) filed this action on April 11, 2023 against Defendants The Elite Group Property Inspection Service, Inc. and Oakley Ross. The Complaint alleges causes of action for (1) breach of c ontract, (2) negligence, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) recovery on bond, and (6) declaratory relief. The Complaint alleges that on or about January of 2022, Ivan Ha...

Excerpt: ... and 26 –29. Any documents withheld on the basis of privilege must be listed on a privilege log, pursuant to Code of Civil Procedure section 2031.240. Starline is ORDERED to produce a production log, or otherwise sufficiently identify the specific RPD numbers to which the documents that are produced respond, pursuant to Code of Civil Procedure section 2031.280. Starline's production is to be made within seven (7) days of the issuance of this Or...

Excerpt: ...dants Camille D. Muepo, Zacharie Muepo, and Christina Muepo (“Defendants”), and Does 1 through 100, inclusive asserting causes of action for general negligence and motor vehi cle negligence. On January 7, 2022, Defendants filed their answer to the complaint. That same day, Defendants also served written discovery and deposition notices: the depositions of both Plaintiff was noticed for April 13, 2022. (Grandy Decls., ¶ 2 & Exhs. A.) Defendan...

Excerpt: ... on April 29, 2024. Plaintiff's Requests for Production No. 16 –21 seek documents related to Defendant's internal analyses, communications, decisions to issue recalls or technical service bulletins, customer complaints, and failure rates for vehicles of the same year, make, an d model as the subject vehicle in this action, related to a defined “body system defect.” Defendant has responded only with objections. Legal Standard “A party may ...

Excerpt: ..., 57, 69, 73, 74, 75, and 76. Plaintiff also requests as a discovery sanction attorney's fees in the total amount of $6,120.00 in connection with the motion to compel. The Court GRANTS Plaintiff's motion with respect to Requests Number 57 and 69. The remainder of the motion to compel in the original motion is moot as Repligen responded after the filing of this motion. The Court DENIES Plaintiff's request for sanctions. Background This is an emplo...

Excerpt: ...ce discrimination, disability discrimination, racial harassment, disability harassment, retaliation under Fair Employment and Housing Act (FEHA), failure to prevent harassment, discrimination, harassment, or retaliation, retaliation under Labor Code section 1102.5, constructive discharge in violation of public policy, violation of Civil Code section 43, intentional infliction of emotional distress, failure to provide reasonable accommodation, and...

Excerpt: ...position, and reply papers. The motion is GRANTED. Background This is an action arising the alleged improper access and the unauthorized disbursement of funds from the personal TD Ameritrade account of Plaintiff Jalal Kazemi (“Plaintiff”). (Complaint, ¶ 7.) Plaintiff alleges that the disbursement was orchestrated by Defendants Hooman Kazemi, Heshmat Doorgari, and was done with the negligent oversight of Defendant TD Ameritrade, Inc. (“TDAI...

Excerpt: ...hat the brothers signed a construction agreement in January 2013 for Ji to construct 4 condominiums, which were to be owned by JWY and paid for by the individua l Plaintiffs. The Complaint alleges that the four condos, 6210, 6212, 6216 and 6218 Rosemead Blvd., Temple City, CA 91780 were subsequently constructed. Plaintiff Yu moved into 6216 Rosemead Blvd. in 2022. Plaintiffs allege that Defendant Ji refused to provide the books and records of JWY...

Excerpt: .... BACKGROUND On November 22, 2023, plaintiff Elaine Strother (“Plaintiff”) initiated this lawsuit by filing a complaint alleging a single cause of action for motor vehicle negligence related to an incident with defendant Bryan Gusdorf (“Defendant”) that occurred on January 3, 2022. (Complaint p. 4.) On January 5, 2024, Defendant propounded discovery requests on Plaintiff. (Motion p. 1.) On March 19, 2024, Defendant filed three motions to ...

Excerpt: ...sanctions. No opposition has been filed. LEGAL STANDARD Requests for Production Under Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds ...

Excerpt: ...al Express and Does 1 through 25, asserting causes of action for emotional distress and intentional infliction of emotional distress arising from a verbal altercation occurring on June 14, 2022. On July 10, 2023, Plaintiff filed a question to dismiss UPS. On August 10, 2023, Plaintiff filed a First Amended Complaint asserting the same two causes of action and naming as defendants The UPS Store Catherine Dash Franchise Owner; Federal Express; Doe ...

Excerpt: ...nding a motor vehicle accident. Plaintiff alleges the accident too k place on October 7, 2019, on the CA-118 freeway and that defendants Jack Schneider, Jack Benet, and Ever Morales were operating the motor vehicle. On October 11, 2023, Plaintiff dismissed Jack Benet from the complaint. On November 3, 2023, Defendant Jack Schneider filed a cross -complaint against Ever Morales, Jackelin Cordon, and Roes 1 to 20 for implied indemnity, comparative ...

Excerpt: ...Jose Jesus Sierra III, and Jessica Sierra (collectively, “Plaintiffs”) filed this action against defendants City of Los Angeles, County of Los Angeles, State of California, Savannah Lee Johnson, Elecnor Belco Electric, Inc., Elecnor, Inc., The Roman Catholic Archbishop of Los Angeles, and Does 1 to 50 for injuries arising from a motor vehicle collision. The trial date is currently set for September 10, 2024. On October 23, 2023, Plaintiffs fi...

Excerpt: ...n Long Beach, California. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On April 9, 2024, Defendant filed a motion to continue trial. No opposition has been filed. LEGAL STANDARD Code Civ. Proc. § 128(a)(8) pr...

Excerpt: ...ound Plaintiff filed the Complaint on October 20, 2023. Plaintiff alleges the following facts. Defendants St. Market D3 LLC and Inglewood Market Gateway LLC were owners of real property located on 205 Market Street/213 East Regent Street, Inglewood, California known as Inglewood Gateway Market. Milender White Residential SoCal (“Milender White”) was the general contractor on the project. Milender White and Techno -Advanced executed a subcontr...

Excerpt: ...16, 2024, Plaintiff sewed responses to Defendants other first set of propounded discovety, but did not serve responses to the demand for production of documents. (ld. at 4.) On Februaty 9, 2024, defense counsel requested responses, without objection, no later than February 23, 2024. (ld. at 7.) To date, no responses to Defendant's demand for production of documents, set one, have been sewed. (ld. at 8.) Defendant therefore seeks an order compelli...

Excerpt: ...ompel arbitration granted. Motion to consolidate denied, but the arbitrations of the PAGA and individual claims are ordered consolidated pursuant to Code Civ. Proc. § 1281.3. This is a wage -and -hour proposed class action (No. 23STCV23334), which is related to a Private Attorney General Act (PAGA) action (No. 23STCV29662). Plaintiff Euriah David Ontiveros (Plaintiff) alleges that he and others were employed by defendants Benihana Downey Corp., ...

Excerpt: ...ght. Plaintiff further alleges that he went over to the direction of the fight and saw a mal e, later identified as Joseph M. Quirola, sued here as the Estate of Joseph M. Quirola (as to both the estate and the individual “Quirola”), and asked Quirola to stop, but Quirola's female companion intervened and yelled at Plaintiff to leave them alone and not tell them what to do. Plaintiff presents that, afterwards, the Quirola's female companion g...

Excerpt: ... to a March 24, 2023 Complaint alleging claims of (1) Violation of Labor Code § 1102.5, (2) Harassment, (4) Retaliation, (4) Failure to Prevent Harassment, Discrimination, and /or Retaliation, (5) Failure to Pay Minimum or Contractual Wages, (6) Failure to Provide Accurate Wage Statement, and (7) Adverse Action in Violation of Public Policy. The claims arise from allegations that during Plaintiff's employment with LaserAway —an aesthetic derma...

Excerpt: ...nesthesia deposed Raymond Ghermezian, the principal of Defendant Raymond Ghermezian APLC. On December 29, 2023, Defendant filed a motion for protective order. Defendant seeks an order that Plaintiff retain and pay for a discovery referee at any future depositions. On January 17, 2024, Plaintiff filed a motion to compel further answers and production of documents. Plaintiff seeks an order for the further deposition of Raymond Ghermezian and for a ...

Excerpt: ...ley Aarons, individually and as trustee of the Ashley Aarons 2015 Trust dated May 15, 2015, (“Plaintiff”) filed this action against Defendants: Alliance Portfolio Private Equity Finance, Inc. (“Alliance”); George Wong, Tru stee of the George Wong Retirement Plan (“Wong”); Robert N. Cleaves and Emmy S. Cleaves, Trustees of the Cleaves Family Trust (“Robert and Emmy Cleaves”); Hal Dryan, Trustee of the Geoffrey Michael Dryan 2009 Ir...

Excerpt: ...ateen. On February 13, 2024, the Court granted Plaintiff's motion for leave to file an amended complaint that would cure the defects in identifying the causes of action on the caption page. On February 14, 2024, Defendants filed a motion for summary adjudication. On February 20, 2024, Plaintiff filed a fourth amended complaint (“4AC”). CAUSES OF ACTION The TAC's caption page—and Defendants' motion—identify the causes of action as (1) disa...

Excerpt: ...RELIEF REQUESTED: An order granting the moving Defendants' Motion for Summary Judgment. TENTATIVE RULING: The motion is DENIED. BACKGROUND This case arises from Plaintiff's alleged damages caused by Defendants' failure to withdraw the Lis Pendens recorded against Plaintiff's property on May 19, 2014. On or about June 8, 2009, Plaintiff purchased 19120 Ballinger Street, Northridge, California 91324 (the “Subject Property”) and became the sole ...

Excerpt: ... (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the ev idence' 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.�...

Excerpt: ...ion of Sanctions in the amount of $500 against Plaintiff's Counsel (Gerber) for failure to timely file proof of service with respect to DLM Capital Mortgage Fund LLC named by Doe Amendment on 3/6/24 pursuant to California Rule of Court 3.110(f) for June 11, 2024 at 8:30 a.m. The Court sets an OSC Re: the Imposition of Sanctions in the amount of $500 against Plaintiff's Counsel (Gerber) for failure to timely file proof of service with respect to L...

Excerpt: ... between the subcontractor and the property owner. Contractual privity exists only betwee n the prime contractor and the subcontractor, one the one hand, and the prime contractor and the property owner, on the other hand. The proposition is incorrect. Claims for quantum meruit do not require the existence of contractual privity between the plaintiff and defendant. No contract is necessary at all. That is the point of quantum meruit. ( E.J. Franks...

Excerpt: ...tiffs Amosun Akala, Daniel P. Stelzer, and Stacy Hayes Motion for Summary Judgment or, in the Alternative, Summary Adjudication The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant Los Angeles Unified School District's evidentiary objections, filed on May 2, 2024, as follows: The court sustains Objections Nos. 9, 33, 41, and 52. The court overrules ...

Excerpt: ...efendant Cedars -Sinai Medical Center (“CSMC”) and Does 1 through 50. CSMC filed its Answer to the Complaint on May 10, 2019. Plaintiff amended his complaint on June 23, 2021, to name Defendant ABM Building Solutions LLC as Doe 1 and Defendant ABM Global Facility Service as Doe 2. At the request of Plaintiff, those two entities were dismissed on April 27, 2022. Also on April 27, 2022, Plaintiff amended his complaint to name Defendant ABM Indu...

Excerpt: ...rial. It was apparent to the Court that there might be several legal determinations that could either foreclose the need for testimony, at least limit or shorten examination of witnesses or provide guidance as to what was relevant. The parties stipulated the following day that each side might then file two such motions to address those legal issues that were now amenable to disposition and trial was recessed to allow the parties to file and oppos...

Excerpt: ...ed with taking the shipment to Kansas City. However, the rig carrying the batteries was invol ved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. 2. Motion to Compel Answers to Questions at Deposition of PMQ a. Discovery Reference On 9/15/23, the Court issued an order requiring ...

Excerpt: ...on of Arbitration. Arbitration Status Conference Set for Hearing Jan. 21, 2025, 8:30 a.m. Inglewood Dept. 8 I. BACKGROUND A. Factual On December 1, 2023, Plaintiff, Angela Tamara Seminario (“Plaintiff”) filed a Complaint against Defendants, Adolfo Zendejas, Air Menzies International (USA) Inc. dba Air Menzies International, (“Defendants”), and DOES 1 through 100. The Complaint alleges c auses of action for: (1) Hostile Work Environment - ...

Excerpt: ...l 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. Defendant Performance Team Logistics, LLC, joined by Defendant Jeanie Jenkins, seeks to compel arbitration of this matter based on an arbitration agreement executed by Plaintiff Joshua Domingos as a component of his employment. Plaintiff opposes the Motion, contending that (a)...

Excerpt: ...r damages arising from a fall from a defective ladder. On March 18, 2024, defendant Hawthorn Regency Apartments, LLC (sued as Hawthorne Regency) (“Defendant”) filed the instant motion for terminating sanctions to dismiss Plaintiff's complaint against it for failure to abide by the Court's February 22, 2024 Ord er that he serve verified responses to its set one of form interrogatories, special interrogatories, and request for production of doc...

Excerpt: ... v. Christina Development Corporation; Christina Properties Limited, et al. Los Angeles Superior Court, Case No. 23VECV00203 for Labor Code violations against CDC, Christina Properties Limited, G&A Part ners, LTD, David Allen Whitehead, Lawrence Norman Taylor, Adam Jacob Rosenkranz, Vincent Chan, Connor Stephen Wilks, JW Associates, LLC, Empire View Homes, LLC, and Crescent Hill Lofts, LLC. On March 10, 2023, CDC filed a notice of related cases w...

Excerpt: ...se Cruz, and DOES 1 -50, for negligence/negligence per se cause of action. On July 25, 2022, Defendants Shippers Transport Express, Inc. and Jose Cruz (collectively, “Defendants”) filed their Answer to the Complaint. On May 31, 2023, Defendants served Plaintiff with a demand for inspection of a vehicle. (Warren Decl., ¶ 4 & Exh. A.) Plaintiff did not serve a response to the discovery. (Id. , ¶ 6.) Defendants' investigator apparently obtaine...

Excerpt: ...022, Plaintiff Raymond Ghermezian, A Professional Law Corporation (“Plaintiff”) filed the instant Complaint in Interpleader against Defendants Celia Vargas, Precise Imaging, Wilshire Radiology; Ronald Fisk, M.D., Gary Chen, M.D., Bobby Moussaz adeh, M.D., Umi Of Gardena; Skye Anesthesia; Huntington Park Advanced Imaging, CCC Surgery Center, Golden West Medical Center, Gardena Hospital, Beverly Radiology; MDR Network Care, LLC, Bay City Surger...

Excerpt: ...plaint was filed August 10, 2023. Trial was set for February 6, 2025. Defendants filed various responsive pleadings and motions to strike. The second amended complaint was filed February 22, 2024. There has been no trial continuance in this case. ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good cause requiring a continuance.”¿ ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.)¿ A tri...

Excerpt: ...vis Scott RESPONDING PARTY: Defendants Samuel Luke Llaneras and Tharsys Da Silva The Court has considered the moving papers. No opposition has been filed. BACKGROUND This is a breach of contract action. On June 30, 2023, Plaintiffs Andrew Donegan, DG LLC, and Travis Scott (collectively, “Plaintiffs”) filed this action against Defendants Samuel Luke Llaneras (“Llaneras”), Tharsys Da Silva (“Da Silva”) (collectively, “Defendants”), ...

Excerpt: ...l further responses to special interrogatories is granted for Special Interrogatory No. 6 and the verification of responses. SUMMARY OF ACTION Plaintiff Justine Amanda Cruz Echavez (Plaintiff) filed this action against Defendant California Institute of the Arts (Defendant) on April 18, 2023. On July 7, 2023, Plaintiff served Defendant with Plaintiff's Special Interrogatories, Set One. On September 19, 2023, Defendant served Plaintiff with objecti...

Excerpt: ...uary 27, 2023, Plaintiff filed suit against Defendants COSTCO WHOLESALE CORPORATION (“Costco” or “Defendant Costco”), XAVIER SOLIS (“Defendant Solis”), JOHN FONTAINE (“Defendant Fontaine”), and JOSHUA SNOOK (“Defendant Snook”). On June 26, 2023, Costco filed a demurrer (to the Unruh Civil Rights Act COA, Sexual Harassment COA, and Gender Violence COA). On August 14, 2023, Plaintiff filed a FAC asserting the following COAs: 1. ...

Excerpt: ...ect rather than in person due to the COVID-19 pandemic. This is an employment action. Plaintiff Gena Persons seeks to compel further responses from Defendant City of Pasadena as to her requests for production, set four, nos. 107- 110. The requests at issue seek documents from the employment personnel file of Commander Kelly Evans. Plaintiff alleges that she had PTSD and that Evans, her supervisor, “who had it out for plaintiff because she had c...

Excerpt: ... (1) sexual harassment in violation of Civil Code section 51.9; (2) sexual battery in violation of Civil Code section 1708.5; and (3) negligence. Nogales has been dismissed from the lawsuit. According to the complaint, Aquino was employed by CDLF as a marriage and family therapist from April 2019 to May 2020. (Compl. ¶ 15.) Plaintiff alleges that on October 5, 2019, she attended a therapy appointment with Aquino wherein Aquino sexually assaulted...

Excerpt: ... a nd John Doe 10, an individual (collectively, “Plaintiffs”) RESPONDING PARTY: Defendant Facey Medical Group (“Defendant”) NOTICE: ok RELIEF REQUESTED: An order compelling Defendant's further responses to Plaintiffs' Requests for Production of Documents (“RFPs”), Set One, Request No. 11. TENTATIVE RULING: The motion is granted. Defendant to provide further code- compliant responses to Plaintiff's RFP No. 11, as modified herein, withi...

Excerpt: ...On February 22, 2019, Plaintiff Richard Bundy (“Plaintiff”) filed this action against Defendants Lashon Bundy- Lawrence (“Defendant”) and Does 1 to 10, asserting causes of action for (1) financial elder abuse, (2) quiet title, (3) ejectment, and (4) cancell ation of instrument. According to the Complaint, this action concerns the real property commonly known as 15156 Kingsbury Street, Mission Hills, CA 91345. (Compl., ¶ 2.) Plaintiff and...

Excerpt: ...tion is granted. SUMMARY OF ACTION In this case, the Plaintiffs, including Plaintiff Angela Karapetyan (Angela), were teachers and other employees at Defendant Granada Hills Charter (GHC). Plaintiffs were terminated because they refused to get the COVID-19 vaccine as required by LAUSD. Ange la, in refusing to get the vaccine, claimed a religious exemption. After Plaintiffs were terminated, they filed this case on April 22, 2022. From September 9,...

Excerpt: ...item Jesse Ronald Carrasco, (“Plaintiff Carrasco”) propounded set one of form interrogatories, special interrogatories, and request for production of documents on defendant Becky Radgowski (“Defendan t Becky”) on December 27, 2023. To date, Defendant Becky has not served responses. Plaintiff Carrasco therefore seeks an order compelling Defendant Becky to respond, without objections, to the outstanding discovery and to pay sanctions. Defen...

Excerpt: ...ect rather than in person due to the COVID-19 pandemic. This is an unlawful detainer matter. On February 5, 2024, the Court entered a default judgment in the amount of $33,162.81 against Defendant Samantha Clark. Defendant Clark, a pro per litigant, now seeks to set aside her default and default judgment under Code Civ. Proc. §§ 473(b) -(d), 473.5. Clark contends that “[t]he Proof of Service filed by Plaintiff indicates that she was served su...

Excerpt: ...ourt allow him to file an answer and cross complaint. Additionally, Defendant Fu moves to set aside an order for admission to be deemed admitted. The motion is denied. Under Code of Civil Procedure section 473, subdivision (b): “the court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, ...

Excerpt: ...ceanside, California as of September 1977 (the Property). In May 2015 and October 2017, unbeknownst to Plaintiff, Decedent borrowed $100,000 and $50,000 from Defendants, secured by the Property. Decedent passed away in August 2020, and Plaintiff alleges that as a result, she wholly owns the Property without encumbrance. Defendants have refused to remove the subject liens from the Property, prompting this lawsuit. On March 4, 2021, Defendants Tsas...

Excerpt: ... Carlos Mendoza) (collectively, “Defendants/Cross -Defendants”) RESPONDING PARTY: None NOTICE: OK RELIEF REQUESTED: An order from this Court striking the language regarding attorney's fees in the Cross-Complaint. TENTATIVE RULING: The motion is GRANTED. BACKGROUND This action arises from a three -vehicle collision that allegedly occurred on October 22, 2021. (Compl., at p. 4) On October 13, 2023, Plaintiff Ninnette Rodriguez Lopez (“Plainti...

Excerpt: ...nce Brown, Stephen Thompson, Erick Herrera, Diana Salazar, Christopher Pearl, Brandon Gaviria, Amanda Flores, Osvaldo Perez, Mark Escalante, Katherine Gerbasi, Danyelle Leah Sims, Kevin Jesus Ruiz, Elver Hernandez, Paris Was hington, Aaron Walker Matis, Lacramiora Muntean, Kent Villa, Jasmin Rincon, Elizabeth Tooley, Alicia Reyna, Samantha De Leon, Morgan Fangue, Leslye Alaniz, Katherine Gray, Katelynn Rhoads, and Grace Evelyn Bowland Motion to S...

Excerpt: ...endants KYN Group; KWN, LLC; Jack Ng; and Kwok Ng (“Defendants”) RESPONDING PARTY : Plaintiffs Tiangang Sun and Xiangming Sun (“Plaintiffs”) SERVICE: Filed February 20, 2024 OPPOSITION: Filed April 19, 2024 REPLY: Filed April 26, 2024 RELIEF REQUESTED Defendants move for an order striking Plaintiffs' memorandum of costs. BACKGROUND Plaintiffs Tiangang Sun and Xiangming Sun (“Plaintiffs”) allege that defendants KYN Group, KWN LLC, Jack...

Excerpt: ... for Plaintiff. TENTATIVE RULING: GRANTED. While Plaintiff's motion is broad, evidence of any potential effects of a verdict on Defendants would be irrelevant and potentially excluded under Evidence Code § 352. Plaintiff's MIL #4 : Withdrawn. Plaintiff's MIL #5 : seeking exclusion of written warnings given in 2012 and 2015 and testimony about those warnings and the underlying circumstance. TENTATIVE RULING: GRANTED. Defendants oppose the motion ...

Excerpt: ... Lilach Basson, filed a complaint against Defendants Krystal Burns, Norma Burns, and Glory Project LLC for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and interference with tenancy. Plaintiff Yacov leases property from Defendant Glory Project, LLC. Plaintiff Lilach Basson alleges when she was visiting her husband's office with Noam, their son, Basson was physically and verbally attac...

Excerpt: ...rren Player. Defendant filed his Answer to the Complaint on January 23, 2023. A bench trial took place between September 18, 2023 and September 26, 2023. At the conclusion of the Plaintiff's case, Defendant moved for entry of judgment under CCP § 631.8. The Court granted the motion for judgment and issued its oral statement of decision at the conclusion of the trial explaining why the Court was granting Defendant's motion for judgment. This Cour...

Excerpt: ...) filed this p\ etition for a writ of mandate ordering respondent Pasaca Capital, Inc. (“Pasaca”\ ) and its controlling stockholder, respondent Charles Huang (“Huang”) to a\ llow the inspection and copying of Pasaca's corporate records. On January 9, 2024, Pasaca and Huang (collectively, “Respondents”\ ) filed a response. The response and supporting papers were ordered sealed\ by the Honorable Margaret L. Oldendorf on February 2, 2024...

Excerpt: ...”) and Tyler Patrick Whiteman (“Whiteman”) for damages arising from an automobile incident. Plaintiff alleges that on January 22, 2020, Whiteman lost con trol of his vehicle and collided with Plaintiff's vehicle. Plaintiff sets forth a cause of action for liability of public entities and public employees pursuant to Gov. Code section 815.2 and 820. Plaintiff moves to compel the City to produce medical employment records of Whiteman related ...

Excerpt: ...rict Liability and Negligence/ Negligence Per Se arising from a fall on November 19, 2019. Memo's Scaffolding filed its answer on September 8, 2021. On January 11, 2023, Plaintiffs amended their complaint to name Gordon S. Gibson, Inc., dba Gordon Gibson Construction (“Gibson”) as Doe 1. Gibson filed its answer to the complaint on May 3, 2023. On June 9, 2023, Memo's Scaffolding filed a cross -complaint against Gibson. Gibson filed an answer ...