Excerpt: ...ndants rely on arbitration provisions in two collective bargaining agreements (CBAs) in effect from 2018-2022 (Heermance Decl., Ex. A) and 2022-2026 (id., Ex. B), respectively. Plaintiff argues there is no agreement because the parties did not sign the CBAs. Individual members of a union are not required to sign the CBA. (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 542 (Mendez) [despite not signing, “as a member of th...

Excerpt: ...d. • 06/08/22: First Amended Complaint filed. • 07/08/22: Cross-Complaint filed. • 10/23/23: Second Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for fraud and breach of contract arising out of a commercial lease dispute. Defendants demur to the Second Amended Complaint and move to strike portions of the Complaint. TENTATIVE RULING: Defendants' Demurrer to the Second Amended Complaint is OVERRULE...

Excerpt: ...March 12, 2024, Plaintiff filed his Motion for Interlocutory Summary Judgment. In support of his Motion, Plaintiff concurrently filed: (1) Declaration of Abraham Carmona; (2) Separate Statement; (3) Proposed Order; and (4) Proof of Service. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or ...

Excerpt: ...h her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem, Melvy Cardona filed a complaint against SFV Portfolio – 14732 Blythe Owner, LP and 14732 Blythe Associates, ...

Excerpt: ... filed this action against Defendants, Mercedes -Benz, USA LLC and Keyes European LLC, for violations of the Song- Beverly Consumer Warranty Act. On October 27, 2021, the court granted Defendants' motion to compel arbitration. The case was stayed pending binding arbitration. On July 11, 2023, the parties settled the case. Defendants stipulated that Plaintiffs would be the prevailing party for the purposes of seeking attorney's fees and costs by m...

Excerpt: ...Creditor filed the instant Motion for Assignment Order on June 21, 2023. The Motion came for hearing on September 14, 2023 and was continued for further briefing. (Min. Order, 09/14/23.) Judgment Creditor filed a supplemental declaration on Octobe r 16, 2023. The Motion was originally set for hearing on November 9, 2023 and continued with notice to November 27, 2023. (Min. Order, 11/09/23.) The hearing on December 6, 2023, the Court again continu...

Excerpt: ...lifornia demur against the third cause of action in Plaintiff's first amended complaint (“FAC”). Defendant Henry Mayo Newhall Memorial Hospital demurs against the entire FAC. TENTATIVE RULING: Both demurrers are sustained with 30 days leave to amend. The Plaintiff's late filed opposition was not considered. BACKGROUND This is a medical malpractice action in which Plaintiff alleges that on 4/26/22, during a colectomy procedure, his doctor, Def...

Excerpt: ...Complaint is sustained. The grounds for sustaining the demurrer support a complete stay of the action for reasons noted below. PNC Bank, N.A.'s Motion to Strike Portions of First Amended Complaint is moot. Background Plaintiff's Complaint was filed on March 17, 2023. Plaintiff's First Amended Complaint was filed on April 20, 2023. Plaintiff alleges the following facts. Plaintiff Zula Tucker Living Trust Dated September 15, 2006, Fred Tucker, Trus...

Excerpt: ...murrer is sustained with leave to amend; motion to strike granted SUMMARY OF ACTION On March 13, 2022, Plaintiff Jacob Alvarado (Plaintiff) purchased a new 2022 Honda Insight. (Comp., ¶ 8.) Plaintiff received a New Vehicle Limited Warranty in connection with the purchase of the vehicle from Defendant American Honda Motor Co., Inc. (Defendant). (Comp., ¶ 9.) Plaintiff alleges that the vehicle was equipped with a defective computerized driver -as...

Excerpt: ...TY DAYS LEAVE TO AEMND as to each of the causes of action in the complaint. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the prayer for punitive damages. BACKGROUND On October 17, 2023, plaintiff Lillian Smith Sr. (self -represented) filed a complaint against Danny Reyes, in his individual capacity. The Court has been asked by Defendant to take judicial notice of an action styled Lillian Smith Sr. v. Danny Reyes, Case No....

Excerpt: ...3. San Van alleges that the purchase included the business defendants ran at the property, defendants' Industrial Hemp Cultivation License and three separate APNs: 23348030005, 23348029003, 23348005003. It is alleged that Defendants retained Plaintiff's initial deposit of $700,000 after the purchase fell apart. The complaint contains ten causes of action: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (...

Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...

Excerpt: ...dants Skylark Capital Management, LLC, Zachary Vella, and Vella Group, LLC Demurrer to the 1 st –10 th and 12 th–15 th causes of actions in Cross -Complainant Tree Lane LLC's Cross - Complaint, without motion to strike is OVERRULED. Cross -Complainant Tree Lane, LLC sufficiently pleads all the elements of the 1 st –10 th and 12 th–15 th causes of actions as to Cross -Defendants Skylark Capital Management, LLC, Zachary Vella, and Vella Gro...

Excerpt: ...a wrongful foreclosure action in which Plaintiff Pablo Aleman Jr. (Plaintiff) sues Defendants Trinity Financial Services, LLC (Trinity) and Barret Daffin Frappier Tredder & Weiss, LLP (Barrett Daffin). [1] According to the pleadings, in March of 2006, Plaintiff took out a second mortgage (Subject Loan) on his home for $82,000 which was secured by a Deed of Trust (Subject DOT). In 2008, Plaintiff was in arrears on both his primary mortgage and the...

Excerpt: ...ion. In October 2023, Defendant The Internet Auto Group, Inc. (IAG) advertised a 2021 Polestar 2 Launch Edition for sale online at a price of $31,930. Plaintiff Adam Dolce saw the advertisement for the vehicle and visited IAG . At IAG, a representative told Dolce that the cost of the vehicle would be $35,600 after sales tax, official fees, and document processing charges. After agreeing to purchase the vehicle for that price in cash, Dolce allege...

Excerpt: ...ed to Andrew S. Faith, (“Decedent”), Michec and Emmanuel's father and Faith's former spouse. Defendant failed to pay the debt and now owes $273,000. II. ARGUMENTS Defendant argues that Plaintiff Faith lacks standing to pursue a debt owed to decedent based on a claim for open book account. Plaintiff has not stated a claim on behalf of the estate nor has she been appointed as a representative of the decedent's estate. Plaintiff did not attach t...

Excerpt: ...ng Agency initiative to provide affordable housing to middle income residents. The parties cooperated between June of 2000 and October of 2001 regarding the venture, communicating regularly, identifying properties to include in the program, working through municipal requirements, identifying bond financing, and setting up a $5 millio n line of credit. Defendants continued to make representations to Plaintiff concerning the ongoing efforts to secu...

Excerpt: ...), Slavko Ivanci c (Slavko), Gerald Fitzgerald and Susan Fitzgerald on September 7, 2000 (LASC Case No. BC236431). The initial action was voluntarily dismissed in 2002. Plaintiff refiled the action on July 17, 2018 against John and Slavko. On September 6, 2018, Slavko filed his Answer, along with his Cross -Complaint against Gerald and Susan Fitzgerald. Slavko died on November 13, 2018. Slavko's estate was substituted in a s a defendant on July 2...

Excerpt: ...ng tentative decision. A. Statement of the Case 1. The Petition On September 25, 2023, Petitioners Smatas and Lintz filed the verified Petition against Respondents City, Los Angeles Department of Building and Safety (“LADBS”), and the Board of Building and Safety Commissioners (“BBSC”). The Petition names Tanager and Berserker LLC (“Beserker”) as Real Parties-in -Interest and alleges claims for mandamus and declaratory relief. The Pet...

Excerpt: ...F REQUESTED Defendant demurrers to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff John Doe's (“Plaintiff”) claim that he was the victim of childhood sexual assault during 1972 and 1973. Plaintiff filed this complaint pursuant to Code of Civil Procedure section 340.1 on July 29, 2022. TENTATIVE RULING Defendant's demurrer to Plaintiff's complaint is OVERRULED. LEGAL STANDARD A general demurrer may be taken to a complaint w...

Excerpt: ...laint”) of Plaintiff Doe (“Doe”) (“Plaintiff”). (Notice Demurrer, pg. 1 . ) Meet and Confer Before filing a demurrer, the demurring party must meet and confer in person, by telephone, or by video conference with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading and obviate the need for filing the demurrer. (C.C.P. §430.41(a).) Defendant's counsel filed a declaration stat...

Excerpt: ...tion, the underlying case settled. Defendant apparentl y submitted a lien on the underlying action, and seeks collection of certain fees and costs from the settlement. Plaintiff seeks to challenge the recovery, or at least the amount of recovery. On January 4, 2024, Plaintiff filed a complaint for Declaratory Relief. RULING: Overruled. 1st Cause of Action: Declaratory Relief Defendant O'Neil & Matusek challenge the declaratory relief claim on gro...

Excerpt: ...its litigation of Plaintiff's representative Private Attorneys General Act (“PAGA”) claim. The Court: * finds the remainder of the agreement enforceable; * compels Plaintiff's individual claims to arbitration; * strikes the class claims; and * stays the case as to the representative PAGA claim pending completion of the arbitration. BACKGROUND Plaintiff worked for Defendant. She alleges that Defendant subjected her and the putative class membe...

Excerpt: ... Coastal Pacific Food Distr ibutors, Inc. and at the time driven by its employe David Alcantar) that struck Zavala. On April 25, 2023, after multiple negotiations, Zavala's attorney, Eric S. Chun (and the Avrek Law Firm), called Travelers and said that Zavala accepted Travelers' $415,000 offer. (Complaint p. 4.) Later, however, Chun stated he essentially made a mistake and would need to “undo” the settlement. [1] Travelers denied the request,...

Excerpt: ...ecision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendant Machado on December 19, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges in pertinent as follows. Machado entered into a written Contract in which Bank's assignor would finance the purchase of the Vehicle, which was collateral. At all relevant times, Bank has been the holder of a first priority security inter...

Excerpt: ...and discrimination in violation of the Fair Employment and Housing Act (“FEHA”). On December 20, 2023, by request of Plaintiff, the Clerk's Office dismissed without prejudice the first cause of action for harassment from the Complaint. From January 23 to 29, 2024, the Court held a jury trial in this matter. The Jury found in favor of Plaintiff and against Defendant on the sole cause of action for discrimination. The Jury found $700,000.00 in ...

Excerpt: ... “Gibson”) is an artist. Defendant Jason Derulo (“Derulo”) is a musical artist signed with major record label Atlantic Recording Corporation (“Atlantic”). Derulo also owns the record label Future History, Inc. (“Future History”). In or around August of 2021, Derulo contacted Gibson about an opportunity to become a successful musician. Thereafter, Gibson entered into agreements with Derulo, Atlantic, and Future History for the purp...

Excerpt: ...LAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On August 1, 2022, Plaintiffs Zia Abhari and Donya Entertainment, Inc. sued Defendants Farmer...

Excerpt: ...Cross- Complaint. Moving party to provide notice and to file proof of service of such notice. FACTUAL BACKGROUND This is a motion for summary adjudication on the Cross -Complaint filed by Cross -Complainant Commercial Loan Servicing, LLC (CLS) against Defendants Lawrence Feigen (Feigen), Jeffrey Ahlholm (Alholm), and SA Hospital Real Estate Holdings -Jefferson, LLC (SA Hospital). CLS brought causes of action for breach of contract, breach of guar...

Excerpt: ...ity Integration, LLC, and Prosegur EAS USA, LLC, RESPONDING PARTY: Plaintiff Edward Newman The Court considered the moving, opposition and reply papers. BACKGROUND On May 25, 2023, plaintiff Edward Newman (“Plaintiff”), commenced this action against defendants Prosegur Security USA, Inc., Joshua Letourneau, Ty Stafford, Dave Schiller, Kelly Mucray, Prosegur Security Monitoring, Inc., Prosegur Security Integration, LL C, Prosegur EAS USA, LLC,...

Excerpt: ...ritten agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc. §1281.2...

Excerpt: ...onnie Perez aka Ron Perez dba Ron's Cr ete Construction adba Ron's Construction (“Defendant”) on January 30, 2023. Perez Defendants filed the instant Answer on April 25, 2023. Plaintiff filed a Motion to Compel Responses to Demand for Production of Documents, Set One and Special Interrogatories, Set One on October 3, 2023. On November 1, 2023, the Court granted the Motions to Compel Responses. Plaintiff filed the instant Motion for Terminatin...

Excerpt: ...covery. (Wysocky Decl., ¶ 3.) On October 17, 2023, the Court ordered Plaintiff to serve responses. ( Id., ¶ 4.) Plaintiff did not do so. ( Id., ¶ 5.) Defendant moved for terminating, issue, evidence, and monetary sanctions; on February 5, 2024, the Court denied Defendant's motion for terminating or issue sanctions, granted Defendant's request for evidentiary sanctions, and ordered Plaintiff to pay monetary sanctions of $900.00. ( Id., ¶¶ 6 -...

Excerpt: ...nd motor vehicle negligence, stemming from a vehicle collision that occurred on Marc h 18, 2021. On February 9, 2024, this court granted Plaintiffs' motions to compel Defendant's responses to form interrogatories, special interrogatories, and request for production of documents. Defendant was ordered to serve responses without objections within 20 days of date of the orders. On March 8, 2024, Plaintiffs filed this motion for terminating sanctions...

Excerpt: ...ictoria and Defendant Andrea Salazar (“Andrea”) worked at a BJ's Restaurant. On February 16, 2019, Andrea was babysitting Victoria's 4 -year -old son Ethan when, without Victoria's knowledge, Andrea took Etha n to a party at a house owned by her brother, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagge...

Excerpt: ..., the District seeks summary adjudication of the following issues: (1) Plaintiff's 3 rd and 5 th causes of action for negligent supervision and retention must be dismissed because the District and its employees had neither actual nor constructive notice of Defendant Marguerite Lagnado's (Lagnado) propensity to sexually abuse minors (Issue No. 1) (3 rd and 5 th causes of action); (2) The District did not breach any duty to report Lagnado's sexual ...

Excerpt: ...xistence and not as to any hearsay or facts in dispute. Cross-Complainants' request for judicial notice is GRANTED only as to Exhibits 11 and 12 and DENIED as to the remainder. Introduction Cross-Defendant Karen Dr LLC (LLC) moves for summary judgment or alternatively for summary adjudication against the Third Amended Cross- Complaint (TAXC) filed by Cross-Complainants RICHARD KHATIBI, an individual, d.b.a. RICH ESTATE PROPERTIES (“Richard�...

Excerpt: ...ntract case arises from a dispute regarding the amount of back rent Defendants allegedly owe Plaintiff in connection with a residential property lease. On September 26, 2022, Plaintiff SM 10000 Property LLC (“Plaintiff”) brought suit against Defendants Nicolai Bergman (“Nicolai”), Amanda McDermott -Bergmann (“Amanda”), and Nicolai Bergmann KK (“Nicolai KK”). Amanda answered the complaint, but default was entered against Nicolai an...

Excerpt: ...NE LUGO, an individual; MOHAMMED KHALID, an individual; ZAHID BUTT, an individual; and DOES 1 – 50, inclusive, Defendants . Case No.: 20STCV47489 [Related Case No. 19STCV37948] Hearing Date: 4/16/24 Trial Date: 11/26/24 [TENTATIVE] RULING RE: Plaintiff/Cross -Defendants Samuel Kim and Cali Blue Sky Investment, Inc. 's Motion for Summary Adjudication. I. Background A. Pleadings Framing Motion Plaintiff/Cross-Defendants Samuel Kim and Cali Blue S...

Excerpt: ...imited to, AdSense “Auto Ads”; Google Ad Manager; Google Ad Exchange; Google Ads; and DV360, all without compensation to ReactX. Defendant Google now moves for summary adjudication of the First, Second, and Third Causes of Action in the Second Amended Complaint. Plaintiff ReactX opposed. TENTATIVE RULING: Google's Motion for Summary Adjudication is DENIED. ReactX is ordered to give notice. DISCUSSION: Motion for Summary Adjudication I. Judici...

Excerpt: ...ngeles (“COLA”), which was ultimately denied on May 21, 2018.¿ ¿On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public ...

Excerpt: ...BS Group, and Radford Studio Center, Inc. for injuries arising from the delivery and unloading of steel beams to the premises located at 4024 Radford Avenue, Studio City, wherein the steel beams fell on Plaintiff. (Compl. at 14.) The complaint sets forth against all defendants two causes of action for (1) negligence and (2) premises liability. Defendant Norman Industrial Materials dba Industrial Metal Supply, Inc. ("IMS") now moves for summary ju...

Excerpt: ...he summary judgment hearing so that the Court could first consider Plaintiff's motion to amend the complaint. Plaintiff now moves f or a new trial under Code of Civil Procedure Section 657(1). (Plaintiff's notice of intention to move for new trial also states that Plaintiff moves for new trial under Code of Civil Procedure Section 657(7), but that code section is not referenced in the memorandum of points and authorities or the reply brief.) Defe...

Excerpt: ... they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. This action was filed on August 28, 2019. On January 17, 2023, the Second Amended Complaint (“SAC”) was dismissed. On March 9, 2023, this dismissal was set aside, subject to the condition that Defendants' expenses be paid. On October 12, 2023, the Court ruled that the aforementioned expenses totaled $16,420.50 and that they must be p...

Excerpt: ...current motion to intervene begins with Pasadena Oaks Life Properties and Signature Health Services, LLC hiring Jokake Construction Services, Inc. to construct a two -story psychiatric hospital known as Las Encinas. Jokake hired numerous subcontractors, including PHL and Sierra Fireproofing. Problems and delays arose, which Jokake, Pasadena and Signature attempted to work through. Following a June 2019 mediation, Pasadena and Jokake executed an a...

Excerpt: ...st Cross -Defendants Brad Hakala and The Hakala Law Group (“Hakala Law”) (co llectively, “Cross-Defendants”). The Court GRANTS Defendants' motion. Background This case relates to a failed transaction for the purchase of CBD isolate. Plaintiffs The Englander Group, f/k/a Tower Marketing and Investments, LLC (“Englander Group”) and Harvey Englander allege that Defendants entered into a contract with Plaintiffs to deliver CBD isolate pur...

Excerpt: ... alleges that Defendant breached a “lease -to- buy” Agreement granting Plaintiff exclusive rights to the property (the “Castlegate property”) with an option to purchase for one year. Plaintiff alleges 22 causes of action for contract -related claims, eviction -related torts, fraud -related claims, personal injury claims, and st atutory violations. II. ARGUMENTS Defendant, Wily Osiris Barios (“Defendant” or “Barios”), contends that...

Excerpt: ... a party to th e action, if the cause of action asserted in his cross -complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) asserts a claim, right, or interest in the property or con troversy which is the subject of the cause brought against him.” (CCP § 428.10(b).) A party shall obtain leave of court to file a cross -complaint if it is not concurrently f...

Excerpt: ...sparza (“Esparza”) filed the complaint in Case No. 22STCV21496 against Samantha Friedman (“Friedman”), Evan Wildstein (“Wildstein”), and Does 1 through 50 asserting causes of action for motor vehicle negligence and general negligence (the “Esparza Action”). Friedman and Wildstein filed their answers in August and October 2022. On September 13, 2022, Plaintiff City of Los Angeles (“City”) filed the complaint in Case No. 22STCV2...

Excerpt: ...n an Uber/Lyft vehicle being operated by Chaiwat Namsangpa. (Complaint ¶ 4.) On July 24, 2023, Plaintiffs filed a proof of service of the summons and complaint on Defendant Chaiwat Namsangpa (“Defendant”) via substitute service. On August 28, 2023, Defendant filed an answer. Defendant now moves for a protective order under Code of Civil Procedure section 2025.420 asking that Plaintiffs be precluded from seeking discovery responses until Defe...

Excerpt: ...ry, LLC; (3) Specially Appearing Defendant Consentino Group, S.A. RESPONDING PARTY(S) : Defendant Dal-Tile Distribution, LLC, joined by C&C North America, Inc.; WilsonArt LLC; Best Cheer Stone, Inc.; Walker & Zangler, LLC; Surface Warehouse, L.P.; Cambria Company, LLC; Global Stone Trading, Inc.; LX Hausys America, Inc.; Elite Stone & Cabin et, Inc.; Home Depot USA, Inc.; Caesarstone USA, Inc.; Arizona Tile LLC; Francini, Inc.; Lilly Industries; ...

Excerpt: ...tiff was a waitress employed by Defendants. Plaintiff was subjected to sexual harassment and was terminated after complaining of the harassment. Plaintiff alleg es the following causes of action: 1. Constructive Discharge 2. Failure to Prevent Harassment, Discrimination, and Retaliation 3. Hostile Work Environment 4. De Facto Sexual Harassment. On September 5, 2023, Defendants' motion to compel arbitration was granted. On September 14, 2023, Plai...

Excerpt: ...of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the applica tion shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has disc ...

Excerpt: ...hout having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) First American moves for a protective order prohibiting plaintiff from deposing Wardle. A party or deponent may move for a protective order “that justice requires to protect” him or her “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Generally, “the burden is on the party seeking the protec...

Excerpt: ...Defendant Healthcare Financial Solutions LLC is ordered to deliver copies of the documents identified in Attachment 3 to the subpoena (Request Nos. 1 -17) served on Healthcare Financial Solutions LLC on August 3, 2023, along with an affidavit in compliance with Evidence Code section 1561, to the deposition officer specified in the subpoena within 10 business days, at Plaintiff 's expense. Plaintiff's request for monetary sanctions against Defenda...

Excerpt: ...ancisco Sibrian and Los Angeles Unified School District for 1. Negligence 2. Negligent Entrustment 3. Neligent Hiring 4. Vicarious Liability 5. Violation of Vehicle Code 17001. Plaintiff alleges on October 1, 2021, Plaintiff Gawy was driving his vehicle traveling on the roadway when Defendant Sibrian was driving an agricultural vehicle and unsafely and negligently crashed into Plaintiff at or near Tampa and Vanowen. Plaintiff alleges Defendant fa...

Excerpt: ...trustee of the Amir H. Rad Trust dated March 10, 2018 RESPONDING PARTIES: Plaintiffs and cross- defendants Siamak Rezvani and SAP Construction Enterprises, Inc. Motion to Bifurcate Trial on Issue of Licensure The court considered the moving, opposition, and reply papers filed in connection with this motion. EVIDENTIARY OBJECTIONS The court rules on defendant A mir Rad, individually and as trustee of the Amir H. Rad Trust dated March 10, 2018's ev...

Excerpt: ...der Compelling the Deposition of Dr. Gary Godorov Moving Party : Plaintiff Jawchyi C. Lee Resp. Party: Defendant Southern California Permanente Medical Group The hearing on the Motion to Bifurcate is ADVANCED from April 17, 2024 to April 15, 2024. The Motion to Bifurcate is GRANTED. Issues of punitive damages and Defendant's financial condition are BIFURCATED from the initial trial in this matter until such time that the trier of fact returns a v...

Excerpt: ...Dated December 27, 2018; Isako Nam and Emi Nam, Co -Trustees of the Frank H.C. Nam Family Trust Dated December 27, 2018 filed the Complaint on August 26, 2022. Plaintiffs alleg e the following facts. Plaintiffs own real property located at 1019 Manhattan Beach Blvd., Manhattan Beach, CA, 90266. In 2014, Defendant Manhattan House, L.P. entered into a lease for the premises. In 2015, Defendants Adam Hersh and David Topkins signed a guaranty of leas...

Excerpt: ...roperty, Defendant Gwendolyn Keene, continues to reside at the Covina property. On November 8, 2023, Fleet Capital served Keene with a three day notice to quit. Subsequently, Fleet Capital alleges Keene failed to vacate the Covina property. On November 30, 2023, Fleet Capital filed a complaint against Keene; all unknown occupants, tenants, and subtenants, and Does 1 -10, alleging a cause of action for unlawful detainer. On February 27, 2024, Flee...

Excerpt: ...t. I. Background A. Pleadings Plaintiffs Rene Hernandez and Maria Velasquez sue Sierra LA CDJR LLC dba Los Angeles Chrysler Dodge Jeep Ram (Sierra LA), FCA US LLC (FCA), and Does 1 through 10 pursuant to A December 6, 2022, Complaint alleging claims of (1) Violation of Song -Beverly Act – Breach of Express Warranty against FCA and (2) Negligent Repair against Sierra LA. The claims arise from the following allegations. On February 6, 2021, Plain...

Excerpt: ...ent owed under a lease with non-party HYUNDAE CAR WASH, INC. The cause of action is Breach of a Personal Guaranty. Plaintiffs bring a motion requesting the Court impose terminating or evidentiary sanctions, and $2,760.00 in monetary sanctions, because Defendants did not comply with the Court's 2/7/24 order compelling responses to Plaintiffs' form interrogatories. Defen dants oppose the motion. LEGAL STANDARD Ultimate discovery sanctions are justi...

Excerpt: ...e, electrical, emission, structural, and transmission system defects, which caused dangerous driving conditions. The causes of action are: 1. Violation of Song-Beverly Act - Breach of Express Warranty; 2. Violation of Song- Beverly Act - Breach of Implied Warranty; 3. Violation of The Song- Beverly Act Section 1793.2; and 4. Negligent Repair. Defendants moved to compel arbitration based on the arbitration clause in the clause in the Retail Instal...

Excerpt: ... Grocery ("Mini Maro for damages arising from a motor vehicle accident that occurred on February 21, 2020. The complaint sets forth two causes of action for general negligence and motor vehicle negligence against all defendants. Mmi Mart now moves for judgment on the pleadings on the grounds that Plaintiffs complaint does not state sufficient facts to constitute a cause of action against it Plaintiff opposes the motion. Any reply was due on or be...

Excerpt: ...ve order is granted. SUMMARY OF ACTION This action arises out of the care and treatment of Plaintiff Richard Leyva (Plaintiff) at Defendant Sylmar Health and Rehabilitation Center, Inc.'s (Defendant) 24 -hour nursing facility. Plaintiff has alleged causes of action related to elder abuse and neg ligence. Plaintiff alleges that Defendant and the owner of the facility failed to protect him from multiple falls, the final of which resulted in a traum...

Excerpt: ...; KAYLA S. JAGODA, M.D., an individual; TAYLOR W. BURKHOLDER, M.D., an individual; SYLVIA HSIN -HUE YEH, M.D., an individual; MICHAEL LEESON, M.D., an individual; ANNIE LE, R.N., an individual; CASEY RODRIGUEZ, R.N., an individual; TRA CY HARADA, R.N., an individual; STEPHANIE LUONG, R.N., an individual; and DOES 1 to 100, Inclusive, Defendants. Case No.: 21STCV46931 DEPARTMENT 45 TENTATIVE RULING Complaint Filed: 12/23/21 Trial Date: None set He...

Excerpt: ...emises suffered a sewer back-up incident causing excessive damages. Plaintiff also alleges the Association acted in bad faith by promulgating proposed rule changes h armful to Plaintiff and in violation of applicable laws. Plaintiff asserts claims against 4220 Bellflower, Inc., the association's president, and the property manager for (1) negligence, (2) violation of Davis-Stirling Common Interest Development Act, (3) Violation of CC&Rs, (4) inte...

Excerpt: ...court has set a date for trial.” (Code Civ. Proc., § 428.50(a) –(b).) A cross-complaint filed outside either of the aforementioned times requires leave of court, which may be granted “in the interest of justice at any time during the court of the action.” (Code Civ. Proc., § 428.50(c).) A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or ...

Excerpt: ...nd Benjamin G. Shatz, alleging: (1) professional negligence; (2) breach of implied contract; and (3) common counts. On 7/5/2023, Cross-Complainant Manatt, Phelps & Phillips, LLP filed a cross- complaint (XC) against Waring Plaza Properties, L.P., alleging: (1) breach of written contract; (2) open book account; and (3) quantum meruit; and (4) breach of implied-in- fact contract. Now, Manatt, Phelps & Phillips, LLP and Benjamin G. Shatz (collective...

Excerpt: ... 08/17/23: First Amended Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an employment discrimination and sexual harassment action. Plaintiff alleges that she was sexually harassed and assaulted by her co -workers. Defendants Cameo Hotel Inc and Valley Active Properties, LLC demur to the first, second, and sixth causes of action in the first amended complaint and move to strike portions of the prayer for damages in the Fi...

Excerpt: ...geles, LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed MOOT . BACKGROUN D On November 16, 2023, Plaintiff Roberto Lopez filed a complaint against Defendant Aurora Charter Oak – Los Angeles, LLC (Aurora), alleging general negligence, medical negligence, and intentional torts . On December 4, 2023, Aurora filed the present demurrer and motion to strike. Prior to filing, Aurora's counsel attempted to meet and confer by sending a...

Excerpt: ...omplaint against Defendant, Cristina Ricalday, and DOES 1 through 100. On January 4, 2 024, Plaintiffs filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Breach of Contract; (2) Misappropriation of Trade Secrets; (3) Intentional Interference with Contractual Relations; (4) Intentional Interference with Prospective Economic Advantage; (5) Negligent Interference with Prospective Economic Advantage; and (6) Unfair Busines...

Excerpt: ...ED. Plaintiff Shelly Hart's Request for Judicial Notice is GRANTED but only as to the existence of the documents and not as to hearsay and facts in dispute. Introduction Plaintiff Shelly Hart (Plaintiff) demurred to Defendants LPF Triana LLC (converted from LPF Triana, Inc. (Triana Inc.)) (Triana LLC), LaSalle Investment Management, Inc. (LIMI), and Kyle Dupree's (Dupree) (collectively, Defendants) Verified Amended Answer (Answer) filed on Octobe...

Excerpt: ..., 2023, Kasra Shayan aka Sina Masoumi (“Plaintiff”) filed the operative Complaint against Ahmadreza Rastegarrazi (“Rastegarrazi”), Mehre Iran Today (“Mehre”), Ahmadreza Rastegarrazi, Dani Gonzalez, and Optima Financial Ventures Inc. (“Optima”), asserting four causes of action for: (1) Breach of Contract; (2) Fraud; (3) Misrepresentation; (4) Negligent Misrepresentation; and (5) Unjust Enrichment. On November 29, 2023, Plaintiff fi...

Excerpt: ...on January 28, 2022. Guerrero and S&G (collectively, “Defendants”) filed their answer on March 30, 2022. Plaintiff served a notice on July 13, 2023, for the deposition of S&G, and then subsequently served a First Amended Notice, a Second Amended Notice, and eventually a Third Amended Notice. (Dembowski Decl., ¶¶ 4-7 & Exhs. A -D.) In the Third Amended Notice, Plaintiff identifies six topics of examination and includes six document requests....

Excerpt: ...d A. Pleadings Plaintiff Michelle Leonard sues Defendants Brian E. Claypool (Brian Claypool), The Claypool Law Firm (Claypool Law), and Does 1 to 20 pursuant to a May 3, 2023, First Amended Complaint (FAC) alleging claims of (1) Legal Malpractice and (2) Breach of Fiduci ary Duty. The claims arise from allegations that, in the course of their legal representation of Michelle Leonard in claims surrounding her injuries arising from the Route 91 Har...

Excerpt: ... Civ. Proc. § 2031.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The demanding party may move for an order compelling further response to the demand if the demanding party deems that (1) a statement of compliance with the demand is incomplete, (2) a representation of inabili...

Excerpt: ...ty: None. Motion to Seal The Court considered the moving papers. No opposition has been filed. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On December 13, 202...

Excerpt: ...ard issued on January 12, 2024. (Pet, ¶ 8(a); Attachment 8(c). No opposition to the petition was filed.¿ Discussion “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285 .) “A petition under this ...

Excerpt: ...roup, a Nevada Limited Company (SBE), KBM Holdco, LTD., a British Virgin Island Company, and KBM Operating LTD.., a Bahamas Company for Breach of Oral Contract, Breach Of Implied - In fact Contract, Breach of Written Contract, Unjust Enrichment, Money Had And Received, Accounting, and Declaratory Relief. On January 16, 201`9, the court sustained the demurrer of SBE t o the fourth cause of action without leave to amend, and the granted the motion ...

Excerpt: ... due to the COVID -19 pandemic. On August 19, 2022, Plaintiff Jane Doe filed the operative Complaint against Defendants LAUSD and Does 1 -60 for (1) childhood sexual abuse, (2) intentional infliction of emotional distress (“IIED”), (3) negligent hiring, supervision, and retention, (4) fai lure to report suspected child abuse, (5) negligent supervision of a minor, and (6) negligence. Plaintiff alleges that when she was a minor attending middle...

Excerpt: ...e exclusively regulated by the FDA, not the states or private enforcers. In opposition, Defendants argue that the motion misstates their position: Instead, they are arguing that the Prop 65 warnings are compelled speech in violation of the First Amendment and that Prop 65 conflicts with federal law which preempts it. This motion was filed October 25, 2022. The opposition was filed November 3, 2022. On December 5, 2022, Judge Beaudet granted the m...

Excerpt: ...RUCTION CORP. (“Burner Construction”), BENJAMIN THOMAS CALHOUN (“Calhoun”), an individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “h igh-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021,...

Excerpt: ...ha Bain, and Raydell Latrent Patterson (collectively “Plaintiffs”) filed a breach of habitability action against Defendants 5505 Ackerfield Apts LLC (“Ackerfield”), AJJ2020 LLC (“AJJ20202”), Masuda Investments LLC (“Masuda”), asserting four causes of action for (1) Failure to Provide Habitable Dwelling, (2) Breach of the Covenant and Right to Quiet Enjoyment and Possession of the Property, (3) Nuisance, and (4) Negligence. On Nove...

Excerpt: ...s to the prayer for relief for punitive damages, and GRANTED WITH LEAVE TO AMEND as to Paragraphs 31 and 38 of the complaint. BACKGROUND On January 5, 2024, plaintiff Julia Marie Farris (“Plaintiff”) filed a complaint against defendants Chung Hwang, individually and as trustee of the Hwang Family Trust, Candice Avila, Wense F. Hwang, individually and as trustee of the Hwange Family Trust, and Pinnacle Property Management (collectively, “Def...

Excerpt: ... Hearing Date: 4/15/24 Trial Date: N/A [TENTATIVE] RULING RE: Defendants Rafael Davila Madrigal and Alicia Brisila Davila's Motion to Set Aside/Vacate Judgment and Stay Writ of Execution and Request for Court Order to Set a New Hearing Date. I. Background A. Pleadings, Judgment, and Writ of Possession On September 19, 2023, Plaintiff Union Mutualista de San Jose (Union Mutualista) initiated this unlawful detainer (UD) action against Union Mutuali...

Excerpt: ...laintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) failure to pay overtime wages, (2) failure to pay terminated or quitting employee, (3) unfair business practices, (4) failure to pay expe nse reimbursement. On October 3, 2023, Plaintiff filed an Amendment to Complaint substituting Tobi Sackheim for “Doe 1.” On January 23, 2024, default was entered against Tobi Sackheim. Tobi Sackheim now moves...

Excerpt: ...nst Defendant Hay Tanning on a cause of action for harassment. On September 14, 2023, the Court: (1) granted Specially - Appearing Defendant's motion to quash service; and (2) quashed Plaintiff's service of summons. On March 11, 2024, Plaintiff filed Judicial Council Form POS -010, Proof of Service of Summons. On March 21, 2024, Specially-Appearing Defendant filed his Motion to Quash Service (“Second Motion to Quash”). In support of his Secon...

Excerpt: ...aw action filed on May 31, 2023. Plaintiff purchased a 2020 Honda Odyssey which developed defects in numerous core systems. Plaintiff moves to compel further responses to requests for production (set one) propounded to Defendant. TENTATIVE RULING: Plaintiff's Motion to Compel Further Responses to Requests for Production is GRANTED. Defendant is ordered to produce verified, code -compliant responses without objections to the requests as propounded...

Excerpt: ...ed,” asserts 50 causes of action against Defendant Kohls Department Stores, Inc., and various other Defendants. Defendants Kohl's, Inc., Michelle D. Gass, Louis Bellassai, and Le Dabney now move to quash service of the summons and complaint. Plaintiff opposed. TENTATIVE RULING Specially-Appearing Defendants' Motion to Quash Service is GRANTED. Specially-Appearing Defendants' Motion to Dismiss Under CCP §§ 583.410 and 583.420 is DENIED WITHOUT...

Excerpt: ...position, and reply papers. RULING The motion is DENIED WITHOUT PREJUDICE. BACKGROUND On December 22, 2022, plaintiff Cynthia A. Blanks, as trustee of The Cynthia A. Blanks Revocable Trust #2 and as trustee of The Seanjay Ramanand Sharma Revocable Trust filed a complaint against Devanand Sharma aka Frank Martini (and nominal defendants 4200 West Century Associates, 4229 West 101 st Street Associates, and 4223 Associates) for (1) declaratory relie...

Excerpt: ...r BD555455. Specifically, the Complaint seeks a court order requiring Defendant Roberto Coca Limon (Defendant) to perform on the family law judgment – which requires that the real property located at 3234 Adriatic Avene, Long Beach, CA, 90810 (Property) be either refinanced or sold (in which case, Defendant is to pay half the proceeds of the sale of the Property to Plaintiff Emelia Mercado). On March 10, 2020, a Notice of Lis Pendens with this ...

Excerpt: ... received. The court GRANTS defendant's motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I. The court GRANTS defendant's request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Le...

Excerpt: ...Angeles, erroneously sued as Los Angeles County Sheriff's Department, filed an answer to the complaint. On June 20, 2023, Defendant Reta filed an answer to the complaint. On March 4, 2024, Plaintiff filed this motion to continue trial. On March 19, 2024, Plaintiffs Dalton and Lee filed an amended motion. Defendants Los Angeles County Sheriff's Department and Ricardo Reta (collectively “Defendants”) filed an opposition on Ap ril 2, 2024. Legal...

Excerpt: ...ud claim. Clark alleges that the Reibers misrepresented that the financials had been prepared in accordance with Generally Accepted Accounting Principles (GAAP), that the financials were accurate, that Accounts Receivable (AR) was accurate, and that the financials supported the belief that there was a positive cash flow and the company would not require additional capital investment by Clark. These misrepresentations are alleged to have caused Cl...

Excerpt: ... Authority (“LAHSA”), State of California (“State”), Sportsmen's L odge Owner, LLC (“Owner”), Midwood Management Corp. (”Management”), and Does 1 through 100, asserting causes of action for negligence, violation of Government Code sections 815.2(a) and 820(a), and dangerous condition of public property, arising out of a slip and fall incident on March 15, 2021. County filed its answer on July 7, 2022. Owner and Management filed th...

Excerpt: ...tiffs”) filed this action against defendant Anthony Dwain Stanford (“Defendant”) for damages arising out of a motor vehicle accident. Defendant now moves for an order for leave to conduct a neuropsychological examination of Plaintiff Marena with George K. Henry, Ph.D./ABPP -CN (“Dr. Henry”) at 11601 Wilshire Blvd., 5th floor, Los Angeles, California 90025. Defendant avers that the parties do not dispute that Plaintiff Marena has placed ...

Excerpt: ...t one, on plaintiff Saeid Saghian (“Plaintiff”) on December 18, 2023. After receiving no responses, defense counsel sent email correspondence request ing responses on or before January 31, 2024. Plaintiff has failed to serve responses to date. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before April 2, 2024; the motion i...

Excerpt: ...ndon (“Plaintiff”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiff filed the Complaint in this action against Defendant on April 4, 2023 for violations of the Unruh Civil Rights Act. The Complaint alleges in relevant part that Defendant denies blind individuals equal enjoyment of and access to the products, serv ices, privileges, advantages, and accommodations and information made available through its w...

Excerpt: ...Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a lemon law action filed on July 24, 2023. Plaintiffs purchased a 2020 Ford Explorer equipped with a 10R60 transmission system which they allege has a series of known defects causing hesitation, shuddering, and shifting issues. Defendants demur to the fifth cause of action for fraudulent concealment and the sixth cause of action for negligent repair. TENTATIVE RULING: Defend...