Excerpt: ... Enterprises, Inc., dba Athens Services is denied. Defendant Arakelian Enterprises, Inc., dba Athens Services (“Athens”) (“Defendant”) moves for an order awarding its attorneys' fees against Plaintiff WasteXperts, Inc. (“WasteXperts”) (“Plaintiff”) in the total amount of $142,616.40. (Notice of Motion, pg. 2; C.C.P. §425.16(c).) Request for Judicial Notice Plaintiff's 3/11/24 request for judicial notice of the (1) Notice of Entry...

Excerpt: ...endant Cochran Inc. and promised Plaintiff a return on his investment as well as plaintiff would take ownership of the property or that the property would secure Plaintiff's investment. Plaintiff further alleges Eliezer Appel concealed from Plaintiff the fact that plaintiff did not own the property or the company that took title to the property that is, the Defendant Lockhart Development, Inc., and that Eliezer Appel took Plaintiff's investment f...

Excerpt: ... fees awarded was not in accordance with the Court's intended ruling. The stipulation submitted to the Court was unsigned, and the Court was unable to process the stipulation unsigned by counsel. Rather than simply deny the proposed stipulation, the Court has determined an amended ruling is most efficacious. Pursuant to C.C.P. §473(d) the Court will correct any clerical errors in its order so that the order conforms to the decision of the Judici...

Excerpt: ...30 and California Rules of Court, rule 3.1320, and is made on the following grounds: 1. Plaintiff's first cause of action for Premises Liability fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. §430.10(e).) 2. Plaintiff's first cause of action for Premises Liability is uncertain, ambiguous and unintelligible Plaintiff has not stated any facts or allegations as to Defendant's notice or that Defendant's conduct was...

Excerpt: ...motion is made on the grounds that Plaintiffs on each of the grounds set forth herein in the following demurrer. 1. The First Supplemental Cause of Action fails to state facts sufficient to constitute a cause of action as detailed in California Code of Civil Procedure §430.10(e). Moving Parties, for each of these reasons, move for an order of this Court sustaining the Demurrer and Motion to Strike without leave to amend. This Demurrer and Motion...

Excerpt: ...candy product, Blow Pop Minis (the Product). Plaintiff alleges that the size of the Product's packaging suggests a significantly higher quantity of product than is actually found within. Plaintiff alleges that the package is actually less than half full and cont ains an excessive amount of nonfunctional slack fill. Plaintiff is a consumer tester who purchased the Product in Fall 2023 to test compliance and for personal consumption. On February 15...

Excerpt: ... substituting in for CNA Financial Corpor ation. The complaint asserts twelve causes of action arising from a settlement agreement reached as part of an employment discrimination action filed by Plaintiff. Plaintiff entered the settlement agreement with Defendants MK Diamond and Delahaut. Pursuant to the contract, MK Diamond and Delahaut agreed to pay $93,750 to Plaintiff and $143,750 to Plaintiff's attorneys in exchange for Plaintiff releasing h...

Excerpt: ...331 Hearing Date: 3/22/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Kaiser Foundation Health Plan, Inc., The Permanente Federation LLC, and Southern California Permanente Medical Group's Demurrer to First Amended Complaint. Court Order I. Background A. Pleadings Plaintiffs Heeshik Ganocy D.D.S.—individually and as successor -in -interest to Terry Kent Ganocy, M.D., deceased (Dr. Ganocy)—Alexa Gisela Ganocy, Sophia Isabella Ganocy, and...

Excerpt: ...of Action for Violation of Civ. Code § 2923.7 · Third Cause of Action for Declaratory Relief · Fourth Cause of Action for Violation of Business and Professions Code § 17200 RULING : Demurrer to First through Third Causes of Action sustained without leave to amend; demurrer to Fourth Cause of Action sustained with leave to amend. SUMMARY OF ACTION In February 2022, Plaintiff Wvistano Daniel Perez (Plaintiff) took out a mortgage for the subject...

Excerpt: ... (collectively, Defendants) demurred to Plaintiff Danielle Zamorano's (Plaintiff) First Amended Complaint (FAC). Defendants placed into issue the first cause of action (COA) for violation of the Consumer Legal Remedies Act (CLRA), Civil Code sec.1750 et seq; the second COA for violation for the Unfair Competition Law (UCL) Business and Professions Code sec. 17200; and the third COA for negligent misrepresentation. Discussion Defendants argued tha...

Excerpt: ... defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.” The application is GRANTED. FACTUAL BACKGROUND Defendant executed a guaranty agreement in connection with a business credit card issued by Plaintiff to Defendant Engage BDR, Inc. Defendant is/was the Chief Operating Officer of the business. Through the agreement, Defendant (along with Defendant T...

Excerpt: ...ed. Unless the Court directs argument in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260-8412. A...

Excerpt: ...ment in the Tentative Ruling, no argument will be permitted unless a “ party notifies 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 notice of intent to appear is received.” Notice may be given either by email at [email protected] or by telephone at (818) 260 - 8412. ALLEGATIONS: Anthony Bouyer (Pla...

Excerpt: ...ng Plaintiffs' prayer for punitive damages . TENTATIVE RULING: The demurrer is overruled, and the motion to strike is denied. Defendant shall �ile and serve an answer to Plaintiffs' Complaint within 30 days . BACKGROUND Plaintiffs bring this action under the Song -Beverly Consumer Warranty Act (Civil Code § 1790 et seq.) for a vehicle they purchased on or around 12/5/20, for which Defendant issued the manufacturer's express warranty. (Compl. �...

Excerpt: ...mer Warranty Act. The Complaint alleges as follows. Plaintiff Scott Murray leased a 2020 Subaru Outback manufactured by Defendant Subaru of America, Inc. (“Subaru”) with an express written warranty. The vehicle developed a defect during the warranty period that Defendants failed to repair despite a reasonab le number of attempts. Defendants then refused to replace the vehicle or make restitution. II. PROCEDURAL HISTORY On July 19, 2022, Plain...

Excerpt: ... decision on the Anti -Slapp Motion was dispositive. Moving party to provide notice. PROCEDURAL HISTORY On March 29, 2023, Plaintiffs filed their Complaint against Defendant. On October 31, 2023, the Court granted Defendant's special motion to strike. On November 27, 2023, Defendant filed this motion for attorney fees. DISCUSSION Defendant Audrey Webb moves for attorney fees and costs arising from her special motion to strike which was granted on...

Excerpt: ...: (1) $35,488.00 incurred in attorney's fees plus a 1.5 time multiplier in the additional amount of $17,744.00; and (2) an additional $5,000 for Plaintiffs' counsel to review General Motors LLC's Opposition, draft the Reply brief, and attend the hearing on this Motion (though they expect to spend well over ten hours on these) plus a 1.5 time multiplier in the additional amount of $2,500.00. Plaintiff also seeks enforcement of the prospective sanc...

Excerpt: ...s Trina Kenney, Rick Kenney, Elijah Kenney, and Jezriel Kenney (“Defendants”) The motion is granted. Attorney's fees in the amount $1,195,516.84 are awarded to Plaintiffs. Civ. Code § 1780(e) provides that “[t]he court shall award court costs and attorney's fees to a prevailing plaintiff in litigation pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court tha t the plaintif...

Excerpt: ...(collectively, the “demurring Parties” or “Cross - Defendants”) RESPONDING PARTY: Defendant/Cross -Complainant Olga Kapustin (“Defendant/Cross -Complainant” or “Kapustin”) NOTICE: ok RELIEF REQUESTED: An order sustaining the Demurrer to Defendant/Cross -Complainant's First Amended Cross -Complaint (“FACC”). TENTATIVE RULING: The Demurrer is OVERRULED. The Motion to Strike is DENIED. BACKGROUND On September 30, 2021, Plaintiff/...

Excerpt: ...ligenc e 4. Civil Batter y 5. Intentional Infliction of Emotional Distres s 6. Premises Liabilit y *The causes of action in the caption of the First Amended Complaint do not match those in the body of the complaint. The caption lists the causes of action as: (1) Breach, (2) Violation of Civil Code 1102, (3) Fraud by Concealment, (4) Negligence, (5) Conversion and (6) Battery . RELIEF IN MOTION TO STRIKE: An order striking Plaintiffs' request for ...

Excerpt: ... Complaint in this action asserting causes of action for dangerous condition of public property and premises liability against Defendants City of Los Angeles (“City”) and Does 1 through 50. On August 31, 2023, City filed its Answer to the Complaint and a Cross -Complaint against Roes 1 through 10. On November 17, 2023, City served responses to interrogatories, requests for production, and requests for admission. (Martinez Decl., ¶ 3.) These ...

Excerpt: ...urt orders the custodian of records for the City of Los Angeles to appear and produce all potentially relevant writings and specifically those requested herein for an in camera review on ___ . Plaintiff to give notice. BACKGROUND On August 31, 2022, Cesar Contreras (“Plaintiff”) filed a Complaint against the City of Los Angeles (“Defendant”) and Does 1 to 100 alleging a single cause of action for retaliation in violation of Labor Code § ...

Excerpt: ...hbay (erroneously sued as Penske Cadillac Buick GMC Southbay) Responding Party: Plaintiff Lester Arturo Solares Defendant's Motion for Judgment on the Pleadings RULING The Court considered the moving, opposition and reply papers. The Motion for Judgment on the Pleadings by Defendant UAG Southbay, LLC dba Penske Cadillac Buick GMC of Southbay is GRANTED as to the second and third causes of action. Plaintiff is granted 20 days leave to amend. BACKG...

Excerpt: ...nt; (3) conversion in violation of Penal Code section 496; and (4) money had and received. On 2/21/2024, Plaintiff moved for leave to amend to file a first amended complaint (FAC). Discussion Plaintiff argues that good cause exists to grant leave to amend to allow new facts to be alleged. After review, the Court agrees. Plaintiff does not seek to add any new causes of action. Rather, Plaintiff seeks to add new allegations that Defendants knowingl...

Excerpt: ...ey are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On April 12, 2023, Plaintiff Jasson Reyes Lopez filed the operative First Amended Complaint (“FAC”) against Jobsource, Inc., Jobsource Holdings, Inc., Jobsource Downey (collectively, “Jobsourse”), Farwest Corrosion Control Company (“Farwest”), and Reliant Immediate Care Medical Group, Inc. (“Reliant”) for 1) disability discri...

Excerpt: ...and Humberto Silva did not respond to the complaint. On January 10, 2023, the Court entered default against Humberto Silva. On July 5, 2023, the Court entered default against Legacy Freight Lines. On November 27, 2023, non -party United Specialty Insurance Company (“United”) filed the instant motion for leave to intervene and defend the action brought against Legacy Freight Lines and Humberto Silva. No opposition has been filed. LEGAL STANDAR...

Excerpt: ...3) trespass, (4) private nuisance, and (5) injunctive relief. On February 20, 2024, Plaintiff filed a motion for preliminary injunction. The Court does not rule on Plaintiff's objections to Defendant's declaration because Plaintiff did not meet her burden, so the Court did not rely on Defendant's declaration. LEGAL STANDARD “Trial courts traditionally consider and weigh two factors in determining whether to issue a preliminary injunction. They ...

Excerpt: ...ated to Mercedes- Benz. On February 5, 2024, Plaintiff filed a notice of settlement. Plaintiff's counsel seeks $39,192 in attorneys' fees based upon 85.2 hours at a billing rate of $460 per hour. Defendants oppose the motion, arguing that Plaintiff's counsel is entitled to only $7,945 in attorneys' fees. The determination of reasonable amount of attorney fees is within the sound discretion of trial courts. ( PLCM Group v. Drexler (2000) 22 Cal.4t...

Excerpt: ... 22, 2023, Plaintiff Forwardline Financial, LLC (“Plaintiff”) filed suit against Defendants Vent Tech, Inc. (“Vent Tech”) and Christopher Taulbee (“Taulbee”) (collectively, “Defendants”) alleging causes of action for (1) account stated against V ent Tech; (2) money lent against Vent Tech; (3) open book account against Taulbee; (4) breach of contract against Vent Tech; and (5) breach of contract against Taulbee, seeking to recover ...

Excerpt: ...on award. Petitioner Blum Collins, LLC filed a petition to confirm a $802,433.85 arbitration award it obtained against Respondents Respondents Acuity Consulting Services and Erik Cooper. DISCUSSION Respondent Erik Cooper moves for reconsideration of the Court's September 29, 2023 order on Cooper's proposed settled statement. Code Civ. Proc., section 1008 states : (a) When an application for an order has been made to a judge, or to a court, and re...

Excerpt: ...tiff) filed this action against defendants Daniel W. Kennedy, IV (Daniel), Juliet Ru -Yi Chung (Juliet), Diana Yi Wei Cheng (Diana), Rosemary F. Kennedy (Rosemary), Vanessa Yao Guo, Hongmei Jin, Kennedy Capital Partners International, Inc. (Kennedy Capital), Gosdom Inc., Gosdom Entertainment Inc., Gosdom Entertainment LLC, Gosdom Entertainments, LLC, Base FX, Inc., Production Capital LLC, Production Capital Corp., Production Capital Entertainment...

Excerpt: ... against Defendant, Dr. Cardin. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted 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.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even...

Excerpt: ...pite their allegations, trial is in fact necessary to resolve their dispute.” (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 mater...

Excerpt: ...levant facts, as alleged, are as follows: “Defendants became indebted to plaintiff Caltex Plastics in the amount of $126,406.89 as of July 28, 2022. [¶] On September 19, 2022 in Los Angeles, California, an account was stated in writing by and between plaintiff and defendants and on such statement a balance of $89,738.25 was found due to plaintiff from defendants. Defendants agreed to pay interest on unpaid balances at the rate of 1.5% per mont...

Excerpt: ... Company (“Zurich”) and as to the First Amended Complaint (“FAC”) filed by Plaintiff ACE Property & Casualty Insurance Company (“Ace”). Defendant also seeks summary adjudication as to each of Zurich's causes of action. The Court DENIES Defendant's motion for summary judgment against Zurich. The Court DENIES Defendant's motion for summary adjudication against Zurich. The Court DENIES Defendant's motion for summary judgment against Ace....

Excerpt: ...ed as to the Los Angeles hospital, the Torrance hospital, and Dr. Richard Mills and denied as to the San Fernando Valley hospital. BACKGROUND Defendants own and operate veterinary hospitals that provide emergency services and specialty care. Spornik brought her cat Ozzie to one of Defendants' vet hospitals for treatment. She alleges that non-board -certified vets treated Ozzie despite Defendants' representation that they only employ board - certi...

Excerpt: ..., and Mohammad A. Siddiqui for penalties under the Private Attorney General Act (“PAGA”). The parties have agreed on the terms of a settlement. Under the proposed settlement, Defendants will pay a Gross Settlement Amount of $39,000.00. Of that amount, one-third will be paid as attorney fees ($13,000.00), up to $1,491.00 will be paid as costs/expenses, and up to $3,150.00 will be paid to a settlement administrator. (Messrelian Decl., Ex. 1 [�...

Excerpt: ...erative Complaint for (1) FEHA discrimination, (2) FEHA retaliation, (3) FEHA failure to prevent discrimination and retaliation, (4) FEHA failure to provide reasonable accommodations, (5) FEHA failure to engage in the interactive process, (6) declaratory relief, and (7) failure to permit inspection of personnel and payroll records. The action was initially filed as an unlimited civil case. Plaintiff passed away during the pendency of this action ...

Excerpt: ...Plaintiff THEE AGUILA, INC. (“TAI” or “Plaintiff”) on December 7, 2022. On August 8, 2023, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Commencing in 2002, TAI became the fee simple owner of commercial real estate located at 8825 Washington Blvd., Pico Rivera, California 90660….The Property consisted of a 34,000 square foot building used as a nightclub, restaurant and banquet venue....

Excerpt: ...plaint; 2. Defendant Albert Gonzalez Jr. demurs to the second and fifth causes of action in Plaintiff's complaint; and 3. Defendants move to strike paragraph 35 from Plaintiff's complaint. TENTATIVE RULING: 1. Defendant Albert Gonzalez Sr.'s demurrer is overruled as to Plaintiff's fourth cause of action, and sustained with 30 days leave to amend as to Plaintiff's second, third, and fifth causes of action; 2. Defendant Albert Gonzalez Jr.'s demurr...

Excerpt: ...July 13, 2023, and the First Amended Complaint was filed on July 21, 2023. Plaintiff alleges the following facts. While a student at El Segundo Middle School, Plaintiff was groomed and sexually abused by a teacher beginning in 2001 through 2003. Plaintiff alleges the following causes of action: 1. Negligence; 2. Negligent Supervision and Retention; 3. Sexual Battery; 4. Sexual Harassment. Meet and Confer Defendant set forth a meet and confer decl...

Excerpt: ..., INC., a corporation; SYDNEY KLITTIVIT; and DOES 1 -200, inclusive, Defendants. Case No.: 23STCV05645 Hearing Date: 3/21/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendant Garrett Electric's Demurrer [CRS# 3811]. Court Order I. Background A. Pleadings Plaintiff David Gastelo sues Defendants Automobile Club of Southern California, Interinsurance Exchange of the Automobile Club (Auto Club), ACSC Management Services, Inc. (ACSC), HVACi (business e...

Excerpt: ...ant of Good Faith and Fair Dealing Re: Rise, Inc. · Fourth Cause of Action for Breach of the Implied Covenant of Good Faith and Fair Dealing Re: Salt Snake LLC · Fifth Cause of Action for Violations of California Business and Professions Code Re: Rise, Inc. · Sixth Cause of Action for Violations of California Business and Professions Code Re: Salt Snake, LLC RULING : Demurrer to the entire complaint is sustained without leave to amend. SUMMARY...

Excerpt: ...aud – intentional misrepresentation, count 1: multi -strategy capital contributions; (3) common count, count 1: multi -strategy capital contributions; (4) breach of written contract, count 2: promissory notes; (5) fraud – intentional misrepresentation, count 2: loans; and (6) common count, count 2: promissory notes. Defendants Insight Multi- Strategy U.S. Partners, LLC; Insight Advisors, LLC, and Michael Tito (“Defendants”) demur to the f...

Excerpt: ...E] RULING Action Filed: 03/03/2022 2nd Amended Complaint Filed: 06/05/23 Trial Date: 10/14/2024 Hearing date: March 21, 2024 Moving Party: Los Angeles County Responding Party: Plaintiffs Demurrer The Court considered the moving papers, opposition, and reply. The Demurrer is SUSTAINED with leave to amend. I. BACKGROUND a. Factual Plaintiffs allege that Ericka Rosal enrolled her four children (A.B., C.D., E.F., and G.H.) in the Pathways LA and Path...

Excerpt: ...'s Restaurant, Inc. (Defendant), alleging: (1) failure to pay minimum wages; (2) failure to pay overtime compensat ion; (3) failure to provide meal periods; (4) failure to authorize and permit rest breaks; (5) failure to indemnify necessary business expenses; (6) failure to timely pay final wages; (7) failure to provide accurate itemized wage statements; and (8) unfair business practices. On 2/8/2024, Defendant demurred to Plaintiff's Complaint. ...

Excerpt: ...ITION: Filed March 8, 2024 REPLY: Filed March 14, 2024 RELIEF REQUESTED Defendants demurrer to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Brian P. Daly's (“Plaintiff”) legal malpractice claims against Defendants Ideal Legal Group, Inc. and Evie P. Jeang (“Defendants”). Plaintiff filed this complaint on August 21, 2023, alleging two causes of action for (1) legal malpractice and (2) breach of fiduciary duty. TENTAT...

Excerpt: ...34 Huntley, LLC, Dustin Pourbaba and 4D Development and Investment (“Demurring Defendants”) RESPONDING PARTY: Plaintiff Joe Stojkov (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On January 2, 2024, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants 634 Huntley, LLC, Dustin Pourbaba; 4D Development and Investment; Century West Associates Incorporated; Jamshid K...

Excerpt: ...ant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated October 8, 1990 Survivor's Trust Responding Party: Plaintiff Ted Tomo Shono Defendant's Demurrer to Plaintiff's First Amended Complaint RULING The Court considered the moving, opposition and reply papers. The Demurrer of Defendant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated O...

Excerpt: ...d twentieth causes of action. The demurrer is SUSTAINED as to the remaining causes of action without leave to amend. The motion to strike is GRANTED without leave to amend. The Court will set a deadline for the filing of an answer after all the demurrers have been decided. The Court remains concerned about the number of defendants in the case and whether Plaintiff has a triable case against all of these defendants. At this stage, Plaintiff may pl...

Excerpt: ...t filed an opposition to Plaintiff's motion. While the moving party generally bears the initial burden of proof on its motion, and lack of opposition will not automatically entitle the moving party to prevail on its motion, a party's failure to file an oppo sition can be considered a concession that the motion is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) Legal Standard The purpose of a motion for summary judgme...

Excerpt: ...rrer to FAC (2) Motion to Strike The court considered the moving and opposition papers. RULING The demurrer to the first, second, third, and fourth causes of action in the FAC are OVERRULED. The motion to strike is DENIED. Defendants are ordered to file an answer within 20 days. BACKGROUND On September 30, 2021, plaintiffs Esperanza Asberry, Samuel L. Asberry, Jr., and Candis Ashberry aka Candis Asberry, ind. and as heirs and successors in intere...

Excerpt: ... discovery responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on July 14, 2023; and (3) Plaintiff's Further Responses to Defendant The Roman Catholic Archbishop of Los Angeles, a Corporation Sole, For and On Behalf of San Fernando Mission Cemetery, Set One, served on August 28, 2023. Judicial notice of Plaintiff's discovery admissions may be ...

Excerpt: ...nd Jacqueline Ferrari aka Jacqueline Wilson. On 6/30/2023, Plaintiff filed a first amended complaint (FAC) alleging: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; (5) fraud; and (6) unfair business practices. Now, Defendants demur to Plaintiff's FAC. Discussion Defendants argue that subject matter jurisdiction is lacking in this matter, that Plaintiff does not have standing to pursue these claims...

Excerpt: ...the complaint. Requests for Judicial Notice Plaintiffs request judicial notice of two complaints in other actions. Though the documents are court records subject to judicial notice under Evidence Code § 452(d), they are not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) Both requests f...

Excerpt: ...unitive Damages is deemed MOOT. BACKGROUND This is a personal injury action arising from alleged wrongful arrests. In November 2020, Defendant Mark Berumen, a police officer with the Baldwin Park Police Department, responded to a neighborhood dispute involving Plaintiff Roberto Lopez Valencia. Lopez Valencia alleges Berumen used excessive force to detain Lopez Valencia by aggressively grabbing and twisting Lopez Valencia's arm when Lopez Valencia...

Excerpt: ...NT AND MOTION TO STRIKE PORTIONS THEREOF MOVING PARTIES: Defendants Levine Management Group, Inc. and Karina Akhtar RESPONDING PARTY: Plaintiffs Blooming Life Hospice and Narine Rafikovna Shakhmuradyan Demurrer to the Third, Fifth and Sixth Causes of Action in Plaintiffs' Second Amended Complaint; Motion to Strike Portions of Plaintiffs' Second Amnded Complaint The court considered the moving papers, opposition, and reply papers filed in connecti...

Excerpt: ...her, Carroll Mercadel, Andra Stevens, Shirlemadeline Bailey, Earl Hammons, Henry Duncan, Rahman Smith, Paul Harway, Ralph Locurcio, Fred Schoenahl, Jose Leon, David Valdev ia, Ashley Brooks, Audry Monroy, Fushchia Hayes, David Watson, Enrique Velez, Cordell Marshall, Richard Walker, Paula Bilson, Lorissa Pugh, Anthony Jeffries, Victor Pantoja and Gerald Pierce T/R: Defendants' Demurrer is OVERRULED. Defendants' Motion to Strike is DENIED. DEFENDA...

Excerpt: ...ah Melamed alleges Defendants Paul Arena, Aim Group, Inc., David Appell, Edward Withrow III, Huntington Chase Financial, Montecito Biosciences Ltd, Calli Bucci, MJ Management, Inc., Dave Engert and Data Health Partners Inc. received fraudulent transfers from Defendant Parallax Health S ciences Inc. (“Parallax”), who owes Plaintiff a judgment of $20 million. Plaintiff founded and solely owned RoxSan Pharmacy, Inc. (“RPI”). (Compl. ¶24.) R...

Excerpt: ... INTRODUCTION On December 21, 2022, Plaintiff, David Aguilera, filed this lemon law action against Defendant, GM Motors, LLC, alleging causes of action for (1) Breach of Implied Warranty of Merchantability under the Song- Beverly Act, (2) Breach of Express Warranty under the Song- Beverly Act, and (3) Fraudulent Concealment. On February 20, 2024, Plaintiff filed these motions to compel Defendant's further responses to Special Interrogatories, Set...

Excerpt: ...�� 06/01/21: First Amended Complaint filed • 11/23/21: Second Amended Complaint filed • 10/10/22: Third Amended Complaint filed. • 09/13/23: Judgment entered on summary judgment against Plaintiff. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment action in which Plaintiff alleges discrimination, harassment, fraudulent misrepresentation, negligent misrepresentation, and fraudulent concealment arising from his employment w...

Excerpt: ...s severely injured at Wilfit Sports Club when a cable crossover machine toppled over on him. On February 26, 2024, Defendant Jamison Realty Advisors LLC filed a motion to compel Plaintiff's further responses to Requests for Admissions and Form Interrogatories (CRS #: 442576881556). Defendant filed a separate Joint Statement for each category of discovery. On February 27, 2024, Defendants Central Plaza LLC and Jamison Services Inc. filed a motion ...

Excerpt: ...he court may, upon a motion or at any time in its discretion: (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, subds. (a)-(b).) Defendants seek to strike portions of paragraphs 35, 43, 57, 69, and 79, which repeat the same allegations: �...

Excerpt: ...tion under FEHA, (4.) violation of Labor Code section 1102.5, (5.) failure to prevent discrimination and harassment, a nd (6) wrongful termination. Defendant DCH Torrance Imports Inc. (DCH) moves to strike the request for punitive damages from the Complaint. Plaintiff Ihab Harran (Plaintiff) opposes the motion. The motion to strike portions of the Complaint is denied. Defendants' request for judicial notice of Exhibit A-B is granted. (Evid. Code,...

Excerpt: ...collectively, been licensed as attorneys in the State of California fo r over 55 years. Certainly, one of them should have realized that this motion is a waste of the Court's time and their client's money. BACKGROUND: On October 16, 2023, ASMS, LLC (“ASMS”) filed its Complaint against Sea Port Care Center, L.P. (“SPCC”) on causes of action of breach of contract, contractual indemnity, and money had and received. On December 11, 2023, SPCC...

Excerpt: ...FACTUAL AND PROCEDRUAL BACKGROUND This is a wrongful death case. On December 18, 2021, Darrell Caldwell (AKA Drakeo the Ruler) (“Mr. Caldwell” or “Decedent”) was stabbed backstage at the “Once Upon A Time in LA” music festival (“Music Festival”). Mr. Caldwell was 28 years old, and a hip hop recording artist. He was stabbed and killed moments before going on stage. In the First Amended Complaint, Plaintiff Caiden Caldwell (Decedent...

Excerpt: ... Plaintiffs Art Hernandez, et al. I. INTRODUCTION In this action, several sheriff deputies who were formerly assigned to the East L.A. station allege that they were pressured to quit their jobs or leave the station and that they were otherwise harassed by other deputies who are alleged members of a gang k nown as the Banditos. They allege discrimination, harassment, retaliation, and related claims against Defendant County of Los Angeles (“Count...

Excerpt: ..., “Defendants”). Plaintiff filed the operative First Amended Complaint on September 22, 2022, alleging causes of action for (1) breach of contract and (2) unfair competition. On December 29, 2023, the Court issued a minute order in this matter, providing , inter alia, that “[t]he Court, having taken the matter under submission on 12/28/2023 for Non -Jury Trial, now rules as follows: The Court hereby renders its Tentative Decision. It will b...

Excerpt: ...eral negligence arising out of an alleged accident on October 1, 2017, on the 101 Freeway near the interchange with the 405 Freeway in Sherman Oaks. Defendants filed an answer on April 5, 2021. Shortly after filing their answer in April, Defendants noticed the depositions of all four Plaintiffs. (Citron Decls., ¶ 2 & Exhs. A.) Those depositions were taken off calendar by agreement of counsel. (Id. , ¶ 4.) In March 2022, Defendants renoticed the...

Excerpt: ...ntiffs”) filed their First Amended Complaint against defendants San Gabriel Transit Inc. (“SGT”), Access Services (“Access”), Los Angeles County Metropolitan Transportation Authority, Steve Ly (“Ly”) and Does 1 through 50 for injuries arising from falling off an alleged moving or malfunctioning vehicle ramp on October 13, 2021. Plaintiff Aline now moves to quash defendant Access's deposition subpoena for production of business recor...

Excerpt: ...fendant”) for injuries arising from a slip and fall on allegedly defective stairs covered in foreign debris and dust. The trial date is currently set for May 17, 20 24. On August 5, 2023, the parties stipulated to continue trial to February 26, 2024 and for all pre - trial discovery and motion deadlines to track with the new trial date. (Stip. & Order, Aug. 5, 2023.) The Court then continued the trial date to May 17, 2024, but denied without pr...

Excerpt: ...) , and Roof Supply G&F San Diego (“Defendant Roof Supply”) related to a roof construction project. Defendant Roof Supply filed a First Amended Cross-Complaint (“FACC”) against some of the Plaintiffs as well as Defendants Altura and Garcia. Defendant Garcia has filed a motion to set aside entry of default. Plaintiffs have not opposed the motion. Separately, Defendant Roof Supply has filed a motion to set aside entry of default, which incl...

Excerpt: ...PONDING PARTIES: (1) Defendant Eliran Grushkowsky, (2) Defendants Inter & Co. Payments, Inc., and Inter & Co., Inc., and (3) Defendant Fernando Fayzano Order to Show Cause re Preliminary Injunction The court considered the moving, opposition, and reply papers filed in connection with this Order to Show Cause. DISCUSSION On February 14, 2024, the court issued an order granting in part the ex parte application filed by plaintiff Forex Express Corp....

Excerpt: ...8/24: Complaint in Intervention filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract and wrongful eviction action. Plaintiff alleges that it subleased a commercial property from Defendants to operate a cannabis business. The property allegedly had serious structural and habitability defects which Defendants nei ther disclosed nor remedied. Plaintiffs further allege that Defendants subsequently locked Plaintiffs out ...

Excerpt: ...(the “Petition”) on June 15, 2023. The Petition initially came for hearing on October 19, 2023, at which time the matter was continued to allow Petition er to file a proof of service and notice of hearing date in compliance with the statutory requirements. (Minute Order, 10/19/23.) At the next hearing on January 18, 2024, the Court again continued the matter to March 21, 2024. (Minute Order, 01/18/24.) Petitioner filed a Proofs of Service by ...

Excerpt: ...The Court has considered the moving papers. BACKGROUND On October 14, 2020, Plaintiff David Hokanson (“Plaintiff”) filed the operative Complaint against Defendant Northrop Grumman Systems Corporation (“Defendant”) and DOES 1 through 20, inclusive for (1) Violation of Labor Code Section 6310; (2) Violation of Labor Code Section 110 2.5; and (3) Wrongful Termination in Violation of Public Policy. On August 18, 2021, this Court granted Defen...

Excerpt: .... Breuer and McNeil, Tropp and Braun LLPs' Special Motion To Strike Under CCP § 425.16 (Anti -SLAPP) as to all causes of action in Plaintiff Aziz Alaoui's FAC is GRANTED. Defendants meet their burden to estab lish Plaintiff's claims arise from protected activity. Plaintiff does not meet his burden to show a probability of prevailing on his claims. The Court orders all one through eight causes of action in the Plaintiff's FAC stricken as to Defen...

Excerpt: ...osting the required undertaking in the amount of $10,000.00 within 30 days. The Court sets an Order to Show Cause re: posting of the undertaking on April 17, 2024. The Court notes the OSC will be discharged if the undertaking is posted and the writ issued. Plaintiff's application for a writ of possession is DENIED without prejudice. SUMMARY OF ACTION This is a breach of contract action arising from an equipment financing agreement. On October 16,...

Excerpt: ...on to Set Aside Default and Default Judgment is DENIED. DEFENDANTS TO GIVE NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On December 4, 2019, Plaintiff contracted with Defendant Prism Hospitality, Inc. for Prism ...

Excerpt: ...tant will change the docket to remove the notation that this defendant was served on 1/24/2024. The Court sets an OSC Re: Imposition of Sanctions in the Amount of $500 Against Plaintiff's Counsel for Failure to Timely Serve Defendant Structured Asset Mortgage Investment II Trust 2008 -AR7, Inc. pursuant to California Rule of Court 3.110(f) for April 3 , 2024 at 8:30 a.m. Moving party to provide notice. FACTUAL BACKGROUND This is an action for wro...

Excerpt: ...a Fay, LLC, Trustee of the VWH Trust UDT 6/12/15 TENTATIVE RULING: 1. Motion to Amend Judgment is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs Joshua Feshbach and David Bowden (Plaintiffs) filed a Complaint on December 9, 2021 against VWH Trust aka VWH Trust UDT 6/12/15; Anna Fay, LLC, Eden Darwish, David Darwish, as Trustees of VWH Trust aka VWH Trust UDT 6/12/15, and DOES 1 through 5 0. [1] The Complaint has two causes of...

Excerpt: ...ROM DEFENDANT FCA US LLC, AND REQUEST FOR SANCTIONS MOVING PARTIES: Plaintiffs Gabriel L. Angulo and Gabriel Angulo Jr. RESPONDING PARTY: Defendant FCA US LLC Motion to Compel Further Response to Special Interrogatories and Request for Sanctions The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Gabriel L. Angulo and Gabriel Angulo Jr. (“Plaintiffs”) filed this acti...

Excerpt: ...Court GRANTS Defendant's motion to compel arbitration and STAYS this action pending the outcome of arbitration. The Court sets a status conference re arbitration for December 11, 2024 at 8:30 a.m. Background This is an employment case. Plaintiff was employed by Defendant for approximately 38 years until his termination. Plaintiff alleges that Defendant discriminated against him, harassed him, denied him pay, and eventually terminated him in retal...

Excerpt: ... Code §452.) Background This action arises out of Plaintiffs' purchase of a 2021 Hyundai Sonota vehicle. Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On April 21, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant HYUNDAI MOTOR AMERICA. (“Defendant” or “Hyundai”) now see...

Excerpt: ...�without having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) Plaintiff does not meet his burden of showing he made “a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” (CCP § 2016.040) as required when moving to compel a deposition (CCP § 2025.450(b)(2)). On January 18, 2024, Universal's counsel wrote to plaintiff, “Mr. Dancer is no longer with UPS. I will find ...

Excerpt: ...ction of Documents, Set One. I. Background A. Pleadings Plaintiffs Elisa Morales Sanchez and Luis Aguilar Galvan sue Defendants General Motors LLC (GM) and Does 1 through 10 pursuant to a June 8, 2023, Complaint alleging claims of (1) Violation of Subdivision (d) of Civil Code Section 1793.2, (2) Violation of S ubdivision (b) of Civil Code Section 1793.2, (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2, (4) Breach of Express Writ...

Excerpt: ...NG The motion is DENIED. BACKGROUND On November 22, 2022, plaintiff S.W. filed a complaint against defendants Ginder Marshall, M.D., an individual, and Ginder Marshall, M.D., a professional corporation for (1) sexual assault and battery, (2) IIED, (3) medical battery, (4) failure to obtain informed consent, and (5) negligent misrepresentation. On April 27, 2023, the court overruled defendants' demurrer as to the 1st and 2nd causes of action and s...

Excerpt: ...amples in a different case. If that means that Defendant no longer has possession of any Osmanthus talc samples, then Defendant is to serve a verified amended response so stating. If Defendant still has Osmanthus talc samples, it is to produce them. Request No. 2: Granted. This request seeks all samples of Osmanthus talc identified in an exhibit. Defendant states it have already produced all talc samples in a different case. If that means that De...

Excerpt: ...intiff Spotlight Ticket Management, Inc. (“Plaintiff”) alleges that it had an agreement to serve as a member of the StubHub Affiliate Program (the “Affiliate Program”) for Defendants eBay, Inc. (“eBay”) and StubHub, Inc. (“StubHub”) (collectively “Defen dants”). Plaintiff's role was to direct consumers to Defendants' ticket platform in exchange for commissions on orders. Plaintiff alleges that it was not being paid commissions...

Excerpt: ...laintiff served request for production of documents on Defendant, Prime Healthcare Services – St. Francis, LLC (“Defendant ”). Defendant served responses on January 26, 2024. The parties resolved some of their differences, but objections to some requests remain, all of which Plaintiff contends are without merit . In opposition, Defendant argues that the separate statement is misleading and defective. Defendant will respond to �ive of the ...

Excerpt: ... a motor vehicle accident that occurred on Ap ril 30, 2021. Vasquez was allegedly operating a vehicle while in the scope of employment with Red Bull. Plaintiff also alleges that Red Bull negligently “operated, owned, entrusted, managed, maintained, and/or repaired the subject motor vehicle.” (Complaint, 6.) On August 16, 2022, Plaintiff filed amendments to the complaint, substituting Red Bull Distribution Company, Inc. as Does 1, 11, 21, and ...

Excerpt: ...was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion. Where the motion seeks only a response to the inspection demand, no showing of "good cause" is required. If a party to whom interrogatories are directed fa...

Excerpt: ... to Special Interrogatories (Set One) (3) Motion to Compel Responses to Request for Production of Documents (Set Two) (4) Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents (5) Motion to Compel Responses to Special Interrogatories (Set One) (6) Motion to Compel Responses to Request for Production of Documents (Set One) The court considered the moving, opposition, and reply papers. RULING The motions are GRANTED to the e...

Excerpt: ... Defendant also seeks monetary sanctions. The motions were originally scheduled for March 14, 2024 and March 15, 2024. Plaintiff filed untimely oppositions on March 13, 2024, and the Court continued the hearings to the present date. (Min. Order 3/14/24.) On March 18, 2024, Defendant filed a reply. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an ...

Excerpt: ...e SROGs Motion is GRANTED. The RPDs Motion is GRANTED. Respondent shall serve responses to the SROGs and RPDs within thirty (30) days of the issuance of this Order. The Requests for Monetary Sanctions are DENIED. BACKGROUND: On January 9, 2024, Petitioner National General Insurance Company (“Petitioner”) filed its Petition to Open Superior Court File for Purposes of Obtaining Jurisdiction Over Uninsured Motorist Matter (“Petition”) agains...

Excerpt: ...d at least thirty days prior to trial, which is currently scheduled for June 10, 2024. Defendant WIB Holdings, LLC has filed a late opposition, to which Plaintiff objects and replies. DEFENDANT'S LATE -FILED OPPOSITION Code of Civil Procedure section 1005, subdivision (b) provides, “All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court ...

Excerpt: ..., 2023, the parties stipulated to continue trial to January 4, 2024. On July 5, 2023, Defendant's current counsel was substituted into the case. On September 18, 2023, the Court granted in part Defendant's motion to continue trial and all related dates to April 30, 2024. The Court denied the request to continue trial to August 2024. (Min. Order, 9/18/23.) ANALYSIS Legal Standard “Continuances are granted only on an affirmative showing of good c...

Excerpt: ...nce makes a motion to dismiss/motion for judgment on the pleadings, and the court will treat it as such. Under the JCEO, “[a] copy of any written notice terminating a tenancy shall be filed with the Department within three business days of service on the tenant.” LAMC §165.05B(5), emphasis added. Failure to comply with this provision – or any provision of JCEO — may be raised as an affirmative defense by the tenant. LAMC §165.07. Emeral...

Excerpt: ...is action on July 24, 2020, against Defendants Beverly Smith, Cheryl Hickmon, and Delta Sigma Theta Sorority, Inc. (collectively, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on October 13, 2021. The TAC asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) violation of Unfair Competition Law, (4) declaratory re lief, (5) intentional infliction of emot...

Excerpt: ...on. Furthermore, Cross-Defendants Rajesh Thakkar and Nidhi Mittal's Demurrer is OVERRULED IN PART as to Cross -Defendant Satish Mahajan's First, Third, and Fourth Causes of Action. BACKGROUND This is a contractual fraud action. In early 2022, Defendants Humble Retailers, Inc. (Humble Retailers), Satish Mahajan, Deepak Gosain, Narayan Singh, Mennu Mahajan, and Nikki Sachdeva sought to sell their liquor store in Azusa to Plaintiffs Rajesh Thakkar a...