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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...NT ROCHELLE H. STERLING TO ATTEND TRIAL (filed 01/25/24) TENTATIVE RULING Defendant's Motion for an Order to Compel Plaintiff to Pay the Defendant's Experts' Deposition Fees is CONTINUED to allow Defendant to submit evidence of Defendant's experts reasonable fees. Plaintiff's Motion for an Order to Compel Defendant Rochelle H. Sterling to Attend Trial is MOOT. BACKGROUND On October 23, 2019, Plaintiff Shahnaz Amirtalesh (“Plaintiff”) filed th...

Excerpt: ... Plamtiff Jade Carrasco, by and through her Guardian Ad Litem Jesse Ronald Carrasco, ("Plaintiff Carrasco") propounded special interrogatories, set one, and demand for production of documents, set one, on defendant Mark Radgowski ("Defendant Mark") on December 27, 2023. (Quiroga Decl. 7.) To date, Defendant Mark has not served responses. (ld. at 10.) Plaintiff Carrasco therefore seeks an order compelling Defendant Mark to respond, without objecti...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. RELIEF REQUESTED¿ “Plaintiff, BENIGNO T. EVARDONE, JR. (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were initially served and propounded on Defendant by Plaintiff o...

Excerpt: ...f Song -Beverly Act – Breach of Implied Warranty, and (3) Violation of Song -Beverly Act Section 1793.2. MOTION 1 - RELIEF REQUESTED¿ “ Plaintiff, MARIELY GARCIA -ROMERO (hereinafter “Plaintiff”), will, and hereby do, move for an order to compel responses, without objections, to Plaintiff's Form and Special Interrogatories, Set One (“Interrogatories”). Plaintiff's Interrogatories were ini tially served and propounded on Defendant by ...

Excerpt: ...Plaintiff”), both in his capacity as a trustee and his capacity as a person most knowledgeable (“PMK”). Defendant also requests certain document productions. Defendant seeks as sanctions attorney's fees in the total amounts of $13,000. The Court GRANTS Defendant's motions to compel Plaintiff's depositions in their entirety. The Court GRANTS Defendant's motions to compel document production in their entirety. Defendant shall produce the depo...

Excerpt: ...led the instant action for fraud against Alina Grygoryshyna (“Judgment Debtor”), also in pro per, on July 6, 2020. Following Judgment Debtor's failure to appear, the Court entered default judgment in Judgment Creditor's favor on January 4, 2021. Judgment Creditor filed the instant Motion to Compel Third Parties to Produce Documents on September 25, 2023. Third -party Bank of Hope filed an opposition on November 13, 2023 and third - party Samm...

Excerpt: ...iffs”) filed this action against de\ fendant Tesla, Inc. (“Defendant”) asserting violations of the Song-Beverly Consumer Warranty Act (“SBA”). On November 29, 2023, Defendant filed this motion to compel Plaintiffs to arbitrate their claims and to stay the action pending the outcome of \ arbitration. The motion is unopposed. II. LEGAL STANDARD When seeking to compel arbitration, the initial burden lies with the moving party to demonstrat...

Excerpt: ... initial responses, without objections, to plaintiff Wilfredo Cardenas' Special Interrogatories (Set Two) within 30 days of this ruling. The defendant is further ordered to pay the plaintiff sanctions of $1,084.80. The MOTION FOR ISSUE SANCTIONS AND MONETARY SANCTIONS AGAINST DEFENDANT FOR THE FAILURE TO COMPLY WITH THE COURT'S ORDER is GRANTED IN PART and DENIED IN PART as follows. The request to impose issue sanctions on defendant 11651-11652 Y...

Excerpt: ...iled an answer. On January 23, 2024, Defendant filed a motion to compel Plaintiffs to appear for independent medical examinations and for sanctions, to be heard on April 18, 2024. On April 5, 2024, Plaintiffs filed an opposition. On April 11, 2024, Defendant filed a reply. The Court continued the hearing to May 16, 2024. Trial is currently scheduled for September 10, 2024. PARTIES' REQUESTS Defendant asks the Court to order Plaintiffs to attend i...

Excerpt: ...Lands Nathanson for various items in Request For Production, Set One and Request For Production, Set Two. A. Defendant Must Pay One Additional Filing Fee. Defendant's single motion seeks to compel production pursuant to two different sets of RFPs. Each category of discovery should have been filed as a separate motion, with separate filing fees and hearing reservations. Despite being scheduled as only one motion and one hearing, the total substanc...

Excerpt: ... to give Notice. This motor vehicle action was filed by Plaintiff RAUL HEREDIA (“Plaintiff”) against Defendants ACCESS SERVICES; CALIFORNIA TRANSIT, INC; LOS ANGELES COUNTY; MYNOR RUBEN HERNANDEZ; and MELISSA ELAINE DOOLITTE (collectively “Defendants”) on October 27, 2022. Plaintiff alleges that “[o]n or about December 15, 2021, PLAINTIFF, a legally blind and disabled person, contacted Defendant ACCESS SERVICES… for transportation ser...

Excerpt: ...r”). During the warranty period, Plaintiff alleges that he presented the Car for repairs relating to engine defect on at least three occasions. None of the repair attempts worked. Plaintiff further alleges that Defendant General Motors LLC has long been aware of widespread engine defects in the 2020 GMC Sierra. Plaintiff claims Defendant has conducted internal investigations, testing, analyses regarding the engine defect – all in a n effort t...

Excerpt: ...t Moreno accosted Ybarra while with his wife and threatened to inflict grievous bodily harm upon Ybarra, by pointing a weapon toward them, while verbally assaulting Ybarra. Motion to Compel Deposition Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action...

Excerpt: ...not repair. Defe ndant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”), which includes a provision requiring arbitration to resolve disputes co ncerning the purchase or conditi...

Excerpt: ... DeCastro's motion was reserved as a Motion for Sanctions. DeCastro's motion is not a Motion for Sanctions but a Motion to Compel Further Responses to RFPs pursuant to CCP §2031.310. DeCastro failed to submit a mandatory CRC Rule 3.1345 Separate Statement. DeCastro's failure to include a separate statement is not fatal, however, given that Pierattini submits a copy of his responses to the RFPs and there are only four RFPs at issue. (Katrinak Dec...

Excerpt: ...onetary sanctions. No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including privilege and w ork product, unless “[t]he party has subsequently served a response that is in substantial compliance” and �...

Excerpt: ...ssociation is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is an unlawful detainer action arising from the Defendant's alleged failure to pay rent. On March 15, 2024, Plaintiff Bridgetown Investments, LLC (“Plaintiff”) filed a complaint against Defendant Prime Time Basketball Association, Inc. (collectively, “Defendant”), and Does 1 through 10, alleging a single cause of action for ...

Excerpt: ...ligence and general negligence arising out of an accident occurring on October 4, 2019, at or near the intersection of Reseda Bo ulevard and Devonshire in Los Angeles. On October 18, 2023, Irwin Leslie Jasper (erroneously sued as Rwin Leslie Jasper) (“Defendant”) filed an answer to the complaint. On October 18, 2023, Defendant served Plaintiff with written discovery, including Form Interrogatories (Set One), Special Interrogatories (Set One),...

Excerpt: ...f granted a Deed of Trust to Downey Savings and Loan Association to secure an obligation which had the principal sum of $500,000.00. Later, Plaintiff granted a second Deed of Trust to National City Bank to secure an obligation which had the principal sum of $80,000.00. On June 2, 2008, Plaintiff alleges she entered into a modification agreement with Downey which she believed merged the National and Downey obligations into one loan. Plaintiff did ...

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

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

Excerpt: ...n has been filed. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non- moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70. When a strong showing is made on one of these two elements, the showing as to the other element does not need to be as stron...

Excerpt: ...sed Notice: OK Ruling: The Motions to Quash are denied. The Motions to Seal are granted. 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 November 24, 2021, Plaintiff Simmons Unlimited, LLC filed the operative Complaint against Defendants Dejanee Riley Izydorczyk (“Riley”), Gabriella McNeill, and Deja Riley ...

Excerpt: ... move to compel further responses to No. 17.1. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Nos. 9.1 and 9.2 After Alle...

Excerpt: ...f did not appear. Plaintiff had been ordered to appear personally. Upon oral request by Defendant, the Court dismissed the complaint without prejudice pursuant to Code of Civil Procedure section 581(b)(5). (Min. Order, 3/4/24.) On March 4, 2024, Plaintiff filed the instant motion to vacate the dismissal. Defendant opposes and Plaintiff replies. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court may relieve a party from a dismi...

Excerpt: ...no Sales (collectively, “Plaintiffs”) filed this action against Defendants Fermin M. Fuentes and Jeanette De Angel (jointly, “Defendants”) On September 25, 2023, Plaintiffs filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) wrongful eviction, (2) breach of covenant of quiet enjoyment (tort), (3) breach of covenant of quiet enjoyment (statute), (4) intention al infliction of emotional distress, (5) v...

Excerpt: ...cel” or “Plaintiff”) filed these motions to compel Defendant Tigran Petrosyan (“Petrosyan” or “Defendant”) to provide responses to Form Interrogatories, Set One, and to have Requests for A dmission, Set One, deemed admitted against Petrosyan. Excel also seeks sanctions against Petrosyan and his counsel of record. The motions are unopposed.[1] II. LEGAL STANDARD If a party to whom interrogatories were directed fails to serve a timely...

Excerpt: ...ve to file an amended answer though legal counsel, as corporations cannot represent themselves in California without a lawyer I. BACKGROUND A. Factual On April 19, 2024, Plaintiff, RREEF America Reit II Corp. BBB (“Plaintiff”) filed an unlawful detainer complaint against Defendant, Burkelly, Inc., a California corporation doing business as “CYCLEBAR” (“Defendant”), and DOES 1 through 10. The complaint is based on Plaintiff's allegatio...

Excerpt: ...ult and default judgment. Defendant's answer was filed the same day. No further action is reflected on this case's docket. On March 5, 2024, Plaintiff Adel Tanious filed a motion to set the case for trial for a date before August 1, 2024. According to Plaintiff, because he filed this action on August 1, 2019, trial must be set before August 1, 2024 to avoid dismissal. (Motion at p. 4; see Code Civ. Proc., § 583.310.) Defendant argues that “Pla...

Excerpt: ... Defendants Amanda Staveley (“Staveley”) and Cantervale Limited (“Can tervale”) (collectively, “Moving Defendants”). Staveley is a citizen of England who resides in London and Dubai. (Declaration of Amanda Staveley filed March 20, 2024, at ¶ 2.) Staveley is the founder, sole shareholder, and director of Cantervale, an English company. (Id. at ¶ 3.) Plaintiff filed proofs of personal service on Cantervale and Staveley on March 1, 202...

Excerpt: ...mons and complaint on Defendant City of Los Angeles (“Defendant”). On March 21, 2023, default was entered against Defendant. On March 7, 2024, Defendant filed the instant motion to vacate and set aside the default under Code of Civil Procedure section 473(b) and on equitable grounds. Default judgment has not been granted against Defendant. Plaintiff opposes this motion. LEGAL STANDARD Under Code of Civil Procedure section 473(b), the Court ma...

Excerpt: ...FOR MODIFICATION OF ROYALTY INJUNCTION TO PERMIT PAYING ROYALTIES INTO AN INTEREST- BEARING ESCROW ACCOUNT I. BACKGROUND On July 9, 2014, Plaintiff Pine Valley, Inc. (“Pine Valley”) filed a Complaint against Defendants, Ajinomoto North America, Inc., Ajinomoto Frozen Foods, U.S.A, Inc., and Trader Joe's Company, alleging causes of action for (1) breach of written contract, (2) intentional interference with prospective economic advantage, (3) ...

Excerpt: ...ments pursuant to a settlement agreement in this case. Plaintif fs also request $17,755.64 in costs and attorney's fees. The Court GRANTS Plaintiffs' motion to enforce the settlement. The Court GRANTS Plaintiffs' request for attorney's fees and costs in the amount of $17,755.64. Eisenberg shall pay this amount to Plaintiff's counsel within 30 days of the issuance of this order. Background Plaintiff filed this action on October 12, 2023 against De...

Excerpt: ...otice of Settlement of Entire Case. On January 19, 2017, Plaintiff and Defendant Carmiel Cohen entered into a Settlement Agreement and Release (the “Agreement”). The court dismissed the action pursuant to the Agreement on February 16, 2017. The parties, who have two children together, agreed that Defendant was to make child support payments until the parties' youngest child turned 18 years of age on July 25, 2021, and to pay Plaintiff the sum...

Excerpt: ...2023 ruling which granted Defendant's motion to compel arbitration. BACKGROUND Plaintiff Zhiwei Chen (“Plaintiff”) alleges that Defendant Verizon Wireless Services, LLC (“Defendant”) used a technical means to take control of his phone and make him unable to use his phone. Plaintiff alleges that Defendant forged Plaintiff's signature with the intention of taking possession of Plaintiff's property. On August 28, 2023, Plaintiff filed a Comp...