Excerpt: ...., Inc. BACKGROUND This is a lemon law action. On September 30, 2022, Plaintiffs Yuridia Ledesma and Ofelia Arambula filed a complaint against Defendant American Honda Motor Co., Inc. for violation of Song -Beverly Act – Breach of Express Warranty. Plaintiffs entered into a warranty contract with American Honda Motor Co., Inc . regarding a 2020 Honda Accord. Plaintiff alleges Defects and nonconformities to warranty manifested themselves includi...

Excerpt: ...pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis fo...

Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...

Excerpt: ...d objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subdivision (a...

Excerpt: ...Factual On January 2, 2024, Plaintiff Dwain Sutherland (“Plaintiff”) filed a Complaint against Defendants Command Guard Services, Inc. (“Command Guard”), Jenard Earnest Ainsworth (“Ainsworth”), Renaissance Homeowner's Association (“Renaissance HOA”), and Ross Morg an & Company (“Ross Morgan”) for (1) negligence, (2) negligent supervision, (3) negligent hiring, and (4) battery. The Complaint alleges the following facts: On ...

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

Excerpt: ...IVE] RULING Action Filed: 03/03/22 [1st Amended Complaint Filed: 02/27/23] Trial Date: 10/24/24 Hearing date: 04/17/24 Moving Party: Defendant Department of Social Services Responding Party: Plaintiffs A.B., a minor, C.D., a minor, E.F., a minor, G.H., a minor, by and through their guardian ERICKA ROSAL Defendant's The Court considered the moving papers, opposition, and reply. The Defendant Department of Social Services' Demurrer to Plaintiffs' S...

Excerpt: ...alty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges Defendants performed the cataract surgery “knowing that insufficient seda tion and anesthesia was provided”. (Second Amended Complaint (“SAC”) ¶23.) Plaintiff claims that during the procedure, he indicated to both individual Defendants that he was awake and had not been properly anesthetized and sedated and was aware of the su rgery a...

Excerpt: ...: Cross-Complaint filed. · 08/25/23: First Amended Cross -Complaint filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for breach of contract and fraud. Plaintiff alleges that Defendant agreed to sell all his rights and interests in a holding company that was jointly owned by the parties but failed to deliver the assets pursuant to the agreement. Plaintiff/Cross -Defendant demurs to the First Amended Cross- Complaint and mo...

Excerpt: ...nant of Good Faith and Fair Dealing · 6th Cause of Action: Constructive Wrongful Discharge · 7th Cause of Action: Unjust Enrichment · 8th Cause of Action: Theft by False Pretense SUMMARY OF ACTION Plaintiff Kelly Soojin Kim alleges Defendant Jason Lee approached her in “early 2021” to establish a business relationship, whereby Lee would work with Kim at an existing establishment owned and operated by Kim, and identified as Star Night. Kim ...

Excerpt: ... is becoming more like a business and less like a profession. We decry any such change, but the profession itself must chart its own course. The legal profession has already suffered a loss of stature and of public respect. This is more easily understood when the public perspective of the profession is shaped by cases such as this where lawyers await the slightest provocation to turn upon each other. Lawyers and judges should work to improve and ...

Excerpt: ...rtfolio III LLC; and Northland THEA IV LLC (collectively, “Plaintiffs”) filed this action on December 15, 2023 against Defendants Ashley Wynn and Chelsea Wynn (jointly, “Defendants”). The Complaint alleges one cause of action for breach of lease. Defendants appear to demur to the Complaint. Defendants also appear to move to strike the Complaint. [1] Plaintiffs oppose both. Discussion As an initial matter, to the extent Defendants demur to...

Excerpt: ... complaint alleges that Plaintiff entered into an oral agreement with Defendants to provide packaging for Defendants' tea product in exchange for $58,462.80. Defendants have allegedly failed to pay the balance of $30,082.80. On March 13, 2024, Defendants Dr. Sebi's Office, Inc. (DSOI) and Agustin Ruiz Miller (Miller) filed the instant demurrer to the complaint. Plaintiff filed its opposition on April 4, 2024. Defendants filed their reply on April...

Excerpt: ...self -represented litigant, filed a complaint against Defendant LAPD Officer Jaime Morales (“Morales”). On November 30, 2022, Plaintiff filed the Second Am ended Complaint (SAC). The SAC alleged that Plaintiff posted a poem to her private Facebook page, and the next morning, on December 14, 2021, police officers came to her house to conduct a welfare check. (SAC, p. 10.) The officers took her to be evaluated. Plaintif f sues the LAPD and Offi...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. Plaintiff alleges wage and hour violations and termination in retaliation for complaining about his supervisor, Defendant Lee, smoking in the workplace. Defendants filed a Cross-Complaint alleging that Plaintiff/Cross -Def...

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: ...(SAC) alleging: (1) disability discrimination; (2) age discrimination; (3) religious discrimination; (4) harassment in violation of FEHA; (5) retaliation in violation of FEHA; (6) failure to prevent; (7) failure to accommodate; and (8) failure to engage in interactive process. On 3/12/2024, Defendant demurred to the second, third, fourth, and fifth causes of action. Discussion Defendant argues that Plaintiff has failed to allege sufficient facts ...

Excerpt: ...an Sr. (Plaintiff) was working at Defendant G4S Solutions (USA) Inc. (Defendant). On 12/13/22, Plaintiff, representing himself, filed this action against Defendant claiming that while at work Plaintiff was assaulted and battered causing Plaintiff to sustain physical and emotional injuries. Plaintiff also claims that he experienced workplace discrimination and gross negligence by Defendant . Although not entirely clear, it appears that Plaintiff i...

Excerpt: ...is action on June 9, 2023, alleging breach of contract in connection with Defendants' failure to repay and guarantee a loan agreement codified in two promissory notes dated March 5, 2020, and June 7, 2020. Defendants demur to the second, third, and fourth causes of action in the Complaint. TENTATIVE RULING: Defendant Jerry Mao's Demurrer is SUSTAINED with leave to amend. Defendant Jack Chao's Demurrer is SUSTAINED with leave to amend. Defendant M...

Excerpt: ... filed their First Amended Complaint (“FAC”) [1] against Defendants SM.Kan Inc. dba 101 Sushi Roll and Grill (“Sushi 101”) and individual Defendant Sungmin Jeon (“Jeon”) [2] asserting the following causes of action: (1) Failure To Pay Overtime Wages In Violation Of Labor Code § 204, 510 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Meal Periods In Violation Of Labor Code §...

Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...

Excerpt: ...laintiff Kate Richardson (Plaintiffs) filed suit against her employer, Defendant Wear it to Heart, Inc. for (1.) Wrongful Termination in Violation of Public Policy, (2.) Sexual Harassment in Violati on of FEHA – Hostile Work Environment (Cal. Govt. Code § 12940(j)), (3.) Failure to Prevent Discrimination, Retaliation, and/or Harassment in Violation of FEHA (Cal. Govt. Code § 12940(k)), (4.) Labor Code Section 98.6, (5.) Retaliation in Violati...

Excerpt: ... Jovontay Williams is dismissed without prejudice from the First Amended Complaint. Plaintiff Williams never filed or signed the pro per complaint. The Demurrers filed by Defendants Burton and Pension Plan are SUSTAINED without leave to amend. The OSCs are discharged. The Court sets an OSC Re: Imposition of Sanctions for Failure to Timely Request Entry of Default as to Defendants Funding Rush, Inc., Asset Default Management, Inc. and Lil Wave Fin...

Excerpt: ...h an option to purchase 2115 N. Upper Krest St., Los Angeles. Defendant DEWITTE MORTGAGE INVESTORS FUND, LLC (“DMIF”) had foreclosed on a second d eed of trust. Also, Defendant DEWITTE recorded an assignment of a deed of trust to himself, and seeks to foreclose on the extinguished first deed of trust, using CLE CAPITAL PARTNERS LLC (CLE) as a strawman or alter ego. Plaintiff's causes of action are: 1) Fraud; 2) Violation Of Anti-Harassment Or...

Excerpt: ...ved a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in th e deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, subd. (a). ) “A motion under subd...

Excerpt: ...rtment 76 may be sent by email to [email protected] or telephonically at 213 -830-0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling. TENTATIVE RULING The motion to compel arbitration and stay proceedings is GRANTED as to Plaintiff's individual PAGA claim and Plaintiff's individual wage and hour claims. Plaintiff's representative PAGA claim shall remain i...

Excerpt: ...Gender); 3. FEHA Discrimination (Disability); 4. FEHA Fa ilure to Accommodate Disability; 5. FEHA Failure to Engage in the Interactive Process; 6. FEHA Retaliation; 7. Violation of the California Family Rights Act (CFRA); 8. Retaliation in Violation of the California Family Rights Act (CFRA); 9. FEHA Failure to Take All Reasonable Steps to Prevent Discrimination, Harassment, and/or Retaliation; 10. Violation of Lab. Code § 1102.5; 11. Violation ...

Excerpt: ...ollowing causes of action: (1) discrimination; (2) hostile work environment; (3) retaliation in violation of FEHA; (4) failure to provide reasonable accommodation; (5) failure to engage in the interactive process; (6) failure to prevent discrimination, harassment, and retaliation; (7) negligent hiring, supervision, and retention; (8) wrongful termination in violation of public policy; (9) breach of express oral contract; (10) breach of implied -i...

Excerpt: ...rative hearing relating to allegations of sexual misconduct. The court (Beckloff, J.) denied the writ and entered judgment in favor of Respondents. Petitioner filed a timely appeal, and the District Court of Appeal, Division Five, affirmed the judgment. Now, Respondents seek to amend the judgment to enter costs in the amount of $5,813.70, and to include Petitioner's true name on the judgment. The motion is granted in part and denied in part. A. C...

Excerpt: ...dural History On July 20, 2020, Plaintiff Aria Resort & Casino Holdings, LLC (ARC), a Nevada limited liability company, filed an application for entry of judgment on sister -state judgment. The application involved a $145,578.82 Nevada state court judgment in favor of Pl aintiff ARC as against Defendant Han Yeo, an individual residing in Glendale, California. That same day, the Clerk entered the sister -state judgment against Defendant Yeo. Later...

Excerpt: ...ving papers. No opposition was filed. RULING The motion for summary judgment is GRANTED. The motion for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. Defendants are ordered to lodge a proposed judgment. BACKGROUND On September 28, 2021, plaintiff Oscar Austen Reyes (self -represented) filed a complaint against LA Smiles Dentistry, All in One Dental, Moshe Ezidi, Pedram Sooferi, and Pedram Sooferi, D.D.S.,...

Excerpt: ...ether, despite 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 evidence' and uncontradicted by other inferences or evidence, show that there is no triable issue as to ...

Excerpt: ...y judgment in Defendant Balenciaga's favor for the entire Complaint; 2. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Plaintiff was not subjected to intolerable or aggravated working conditions and a reasonable person in Plaintiff's position would not have resign ed; 3. An Order granting summary adjudication in Defendant Balenciaga's favor as to the first cause of action because Pla...

Excerpt: ...II (Morgan) in numerous legal matters. Pech alleged that Morgan breached the parties' written retainer agreement by failing to pay all amounts owed, which had reached $525,914.90 at the time of Pech's withdrawal as attorney in an underlying trust litigation matter. Pech's Second Amended Complaint alleged causes of action for (1.) breach of written contract, (2.) account stated, (3.) false promise, (4.) intentional misrepresentation, (5.) quantum ...

Excerpt: ...ities and developed other serious defects and nonconformities. Plaintiff delivered the vehicle to Defendant for repair on the nonconformities. Plaintiff alleges Defendant wrongfully denied warranty coverage for certain nonconformities and was unable to conform the vehicle to the applicable express warranties after a reasonable number of attempts. Despite being unable to conform the vehicle to the express warranties after a reasonable amount of ti...

Excerpt: ...zanne M. Curtis filed a complaint against Defendants AIG American General Assurance Company, American General Assurance Company, American International Group, Inc., Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company, L. Dorais, and Brian Forsyth for breach of contract and fraud. Plaintiff dismissed AIG American General Assurance Company on January 17, 2023. Defendants Transamerica Life Ins. Co and Transamerica Premie...

Excerpt: ... 7/28/2024, Plaintiff Debra Mouton filed suit against General Motors, LLC alleging violations of the Song-Beverly Act. Now, Plaintiff moves for attorney fees totaling $90,754.78. Legal Standard The party claiming attorneys' fees must establish entitlement to such fees and the reasonableness of the fees claimed. (Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16.) “Except as attorney's fees are specifically provided f...

Excerpt: ...e arises out of Ziming He's (“Plaintiff”) claim that Defendant Wing Ho (“Defendant”) breached a contract where Defendant agreed to pay Plaintiff $211,172.74 to build an accessory dwelling unit (“ADU”). Plaintiff filed a first amended complaint (“FAC”) on March 21, 2023 alleging one cause of action for breach of contract. TENTATIVE RULING Defendant's motion for attorney's fees is GRANTED for a total of $24,395.00. LEGAL STANDARD �...

Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...

Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...

Excerpt: ...tion for leave to submit tardy expert witness information under Code of Civil Procedure sections 2034.710 and 2034.720. Trial is currently scheduled for May 1, 2024. No opp osition has been filed. LEGAL STANDARD Code of Civil Procedure section 2034.710 states the following: (a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that in...

Excerpt: ...logies, LLC, a separate entity 50% owned by Flyer Technologies. In 2000, Flyer Technologies entered into a joint venture agreement with Marvin Engineering Co., Inc. for a project involving the developments and sale of lightweight tactical all- terrain vehicles to the United States Marine Corps. Flyer agreed to license its intellectual property to Marvin Engineering, and transferred its subsidiary, Flyer Defense, LLC. Flyer Technologies retained a...

Excerpt: ...action for violations of the Labor Code, wrongful termination, and unfair competition. Plaintiff alleges that while working as a server, Defendants failed to pay him an hourly wage, only paid him a stipend, and failed to permit statutory breaks. When Plaintiff complained, Defendants retaliated by constructively terminating Plaintiff's employment. 10/31/2023 Default Entered 4/5/2024 Doe Dismissal Entered Plaintiff seeks damages and statutory penal...

Excerpt: ...y of default judgment against Defendants Libra Hollywood, LLC and John Greenwood (jointly, "Defendants"). Plamtiffs seek judgment in the total amount of $34,600.10, comprising S28,927.67 in damages, $3,163.82 in interest, $1,155.87 in costs, and $1,352.74 in attornevs fees. The Court notes a number of defects with the submitted default judgment package. First, Item 1 (a) of the Request (Form CIV-OO) incorrectly states that the Complaintin this ac...

Excerpt: ...: George Hall, Jr. and Donna Hall (collectively, “the Halls”) filed a Statement of Claim with [the Financial Industry Regulatory Authority (“FINRA”)] on June 15, 2021 naming Securities America, Inc. as the Respondent in the action styled Donna T. Hall and George E. Hall Jr., as Trustees of the Hall Trust DTD 3/23/15 v. Securities America, Inc., FINRA No. 21 -01517 (“Hall Action”). [Citation.] The claims related to the handling of thei...

Excerpt: ...rs the following tentative decision. A. Statement of the Case 1. Petition Petitioner Elemuren commenced this proceeding on July 5, 2023, alleging causes of action for administrative mandamus and breach of contract. The verified Petition alleges in pertinent part as follows. On July 26, 2020, while Elemuren was pursuing his degree for a Psychiatric -Mental Health Nurse Practitioner (“PMHNP”) and in good standing with CDU, a dispute arose regar...

Excerpt: ...ainst Attorney Karen Rooney is denied. Defendants Sara Van Horn (“Sara”) and Patrick Van Horn (“Patrick”) (collectively, “Defendants”) move for an order for an order to show cause why Plaintiff The Woman's Club of Hollywood, California's (“Woman's Club”) (“Plaintiff”) former counsel, Karen Roon ey (“Rooney”) should not be held in contempt of this Court's March 4, 2024, Order. (Notice of Motion, pgs. 1 -2.) Defendants reque...

Excerpt: ... as to Requests for Admission is granted. The Motions as to Requests for Production are denied. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID -19 pandemic. On September 20, 2022, Plaintiffs Wei Chen, Weifeng International, Inc., and AIIC 17 YM Culver City, LLC filed the operative First Amended FAC (“FAC”) against Defenda...

Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...

Excerpt: ...tracts terms of partnership agreement and/or lease. TENTATIVE RULING: DENIED. Because Plaintiff does not identify any specific evidence to be excluded or clarify how it contradicts the terms of the parties' agreements, the Court cannot issue a meaningful order setting an evidentiary limit. PLAINTIFF'S MIL #3: seeking to exclude Defendant's experts as untimely designated. TENTATIVE RULING: DENIED. Plaintiff's initial designation of experts was tim...