Excerpt: ...ign Proposal Agreements' (“Agreements”) wherein Defendant was to provide architectural services for the design and permit approval for the construction of certain apartment units to the preparation of civil engineering plans (such as grading, drainage, and street improvements), and conceptual drawings of the units, to preparing and applying for permits. [1] Defendant, however, failed to timely seek an extension to the conductional use permits...

Excerpt: ...a, signed an arbitration agreement, and the agreement governs this action and must be enforced. Plaintiff opposes the motion, contending (a) Defendant waived its right to move to compel arbitration, and (b) Defendant failed to provide admissible evidence of the existence of the agreement and the signature on the agreement. b. Authentication of Agreement Defendant purports to authenticate the agreement through the Declaration of Roxanne Reyna, who...

Excerpt: ... “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction' under § 2023.010 et seq.” (CCP, § 2033.280(b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requ...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Sharleyne Martin, on behalf of all aggrieved employees Motion to Compel Individual Arbitration and to Dismiss Action The court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court denies defendant The Ritz- Carlton Hotel Company, LLC's request for judicial notice of various unpublished superior court orders. (Cal. Rules of Ct., rule 8.1115....

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ...tiff's Form Interrogatories (“FROG”), Set Four; Special Interrogatories (“SROG”), Set Five; and Requests for Production of Documents (“RFP”), Set Four Plaintiff also seeks over $18,000 ($6,600 per motion) in sanctions against Defendant and its attorneys. The Court DENIES Plaintiff's motions. Background Plaintiff filed this action on September 8, 2022 against Defendant, her former employer, alleging (1) discrimination under FEHA; (2) r...

Excerpt: ... second day of her deposition on 2/26/24. The deposition was not complete, but Plaintiff left the deposition, stating Defense Counsel was being abusive and she would only complete her deposition if the Court issued an order compelling her to do so. Defendant moves to compel Plaintiff to attend and complete her deposition. CCP §2025.450(a) permits the party who propounded a notice of deposition to move to compel the deposition to go forward if th...

Excerpt: ...OVING PARTY: Plaintiff Sorush Sharif (“Plaintiff”) RESPONDING PARTY: Defendant Santa Monica BMW (“Defendant”) NOTICE: OK¿¿ RELIEF REQUESTED: An order from this Court to compel the attendance of Defendant's Person Most Knowledgeable and production of documents, and to impose monetary sanctions against Defendant and its attorney of record in the amount of $3,554.01. TENTATIVE RULING: The motion is GRANTED IN PART. The Request for Monetary...

Excerpt: ...) arising from alleged childhood sexual abuse perpetrated against Plaintiff by a teacher at a school owned by Defendant. Defendant served a demand for a physical exam of Plaintiff pursuant to Code of Civil Procedure Section 2032.220 and Plaintiff served an objection to the demand, stating that Plaintiff refused to submit to the exam. Defendant now moves for an order compelli ng Plaintiff to submit to the physical exam as stated in the demand. Def...

Excerpt: ...ATIVE RULING Driftwood Healthcare & Wellness Center, LLC (erroneously sued as Driftwood Healthcare & Rehabilitation Center LLC) and Citrus Wellness Center, LLC's Motion to Compel Arbitration and Stay Proceedings is denied. Background Plaintiffs filed their Complaint on April 19, 2023. Plaintiffs allege the following facts. Plaintiffs' decedent died while a patient of Defendants. Plaintiffs set forth the following causes of action: 1. Negligence 2...

Excerpt: ...XUAL HARASSMENT AND DISCRIMINATION AND GRANTED AS TO THE REMAINING CLAIMS. THE ACTION IS STAYED. DEFENDANT 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, reply, and supplemental stipulation. BACKGROUND On September 14, 2023, Plainti...

Excerpt: ... to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed an MSJ. The hearing was on 6/20/23, after which the court took the MSJ under submiss...

Excerpt: ...County of Los Angeles, State of California, Cherry Street Garage, Los Angeles Convention Center, Staples Center for a slip and fall incident. At this time, the City moves for an order compelling Plaintiff to appear for a mental examination with neuropsychologist Earl C. Thorndyke, Ph.D., (“Dr. Thorndyke”) at 11835 W. Olympic Blvd., Ste. 1270E, Los Angeles, CA 90064. The City argues Plaintiff testified at deposition that she attributes PTSD, a...

Excerpt: ...opposition papers and the replies. BACKGROUND Plaintiff Ted Waitt, Trustee of the Nightingale Trust dated November 1, 2007 filed this construction defect action on June 29, 2021. Plaintiff alleges: (1) breach of contract; (2) negligence; (3) professional negligence; (4) strict products liability; (5) breach of express warranty; (6) breach of implied warranty (merchantability); (7) breach of implied warranty (fitness); and (8) decla ratory relief....

Excerpt: ...David Wu Defendant's Motion for Summary Judgment or in the Alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. Defendants' Motion for Summary Judgment or in the Alternative, Summary Adjudication is GRANTED in part and DENIED in part. The Motion is granted as to the eleventh, twelfth, thirteenth, sixteenth, and seventeenth causes of action as against Chef on Fire, LLC. The Motion is denied as to the fir...

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

Excerpt: ...ing summary judgment in favor of Plaintiff and against Defendants Min Yi Jiang and Sung Ho Suh as to Plaintiff's two causes of action for Breach of Promissory Note and Declaratory Relief on the grounds that there are no triable issues of material fact. BACKGROUND This case arises out of Plaintiff Nengde Xu's (“Plaintiff”) claim that Defendants Sung Ho Suh (‘Suh”) and Min Yu Jiang (“Jiang”) (collectively “Defendants”) failed to rep...

Excerpt: ...ed the moving papers, opposition papers, supplemental opposition, and reply papers. The court CONTINUES Defendant Derek Keane's Motion for Summary Judgment pursuant to Code of Civil Procedure § 437c(h) to May 31, 2024 in order to accommodate the taking of Keane's deposition. Plaintiff is permitted to submit its supplemental opposition papers on or before May 17, 2024. Keane is permitted to file a supplemental reply on or before May 27, 2024. Bac...

Excerpt: ...n for summary adjudication is MOOT in light of the ruling on the motion for summary judgment. BACKGROUND On April 12, 2023, plaintiff American Express National Bank filed a complaint against defendant Joel Portillo for common counts (open book account and account stated). On July 25, 2023, a default was entered against defendant. On August 30, 2023, a default judgment was entered. On August 30, 2023, the parties stipulated and the court ordered t...

Excerpt: ... in the collision, which occurred on 4/02/21. Rodrigo suffered damages as a result of the acciden t, and is involved in companion litigation against the Gonzalezes to recover for those injuries. Plaintiff seeks a declaration that there is no coverage under the policy. It seeks the declaration on two grounds. First, it contends the Gonzalezes did not disclose the subject accident, which had already occurred, when it added the Navigator to the pol ...

Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...

Excerpt: ...nd Romaine Kirlew for injuries arising from an automobile collision. On February 26, 2024, the Court granted Plaintiff's motion to compel further, and ordered Hertz to serve further responses to Plaintiff's request for production of documents, set one, as to request nos. 5 and 7. (Min. Order, Feb. 26, 2024.) Further, the Co urt granted Plaintiff's request for sanctions and ordered Hertz and/or its counsel, jointly and severally, to pay Plaintiff ...

Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...

Excerpt: ...mply with a demand for a contemporaneous inspection of the subject ladder and subject premises pursuant to Code of Civil Procedure sec tion 2031.010. Defendant opposes the motion on the grounds that he has agreed to an inspection of the premises and ladder involved in the incident, but he objects to the simultaneous inspection because it is burdensome and costly because the ladder is in evidence storage in Ontario, California, pursuant to a deman...

Excerpt: ...tion against Defendant BMW of North America LLC, and on September 25, 2023, he filed a first amended complaint. Plaintiff propounded discovery on November 20, 2023. (Pascal Decl. ¶ 3.) Defendant did not timely respond by December 20, 2023. (Pascal Decl. ¶ 4.) Plaintiff's counsel met and conferred with Defendant's counsel, but Defendant never provided responses. (Pascal Decl. ¶¶ 5- 9.) On January 29, 2024, Plaintiff filed a motion to compel De...

Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...

Excerpt: ...d Obuszewski executed a promissory note on August 5, 2019 for the benefit of Cherico in the amount of $44,000.00. The complaint noted the personal representat ive rejected Cherico's creditor's claim. On February 27, 2024, Judge Barbara A. Meiers issued an order providing, in relevant part, “Plaintiff is ordered to file a motion (‘Notice of Related Cases') in Department 1 within 5 court days to find this case related to the pending probate cas...

Excerpt: ...C Local Rule 2.3(b)(2) authorizes Department 1 to transfer civil cases from one judicial district to another via a noticed motion on three enumerated grounds: (1) when the case was filed in an improper district; (2) for the convenience of witnesses; or (3) to promote the ends of justice . (LASC Local Rule 2.3(b)(2).) A transfer under the Local Rules is discretionary. If Plaintiff Pinto Does Not Appear, the Motion is Taken OFF -CALENDAR On Novembe...

Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...

Excerpt: ...lated complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. 11/07/23 Hearing on Motion to Strike Directed at FAC On 11/07/23, the Court heard and granted Defendant's motion to strike portions of the FAC. Notably, the Court's ruling was “without leave to amend.” The Court's ruling, specifically, was as follows: a. Conduct Settled by the SAR Plaintiff and Defendant wer...

Excerpt: ...Mariposa Avenue in Los Angeles. On March 14, 2024, the Court granted, with leave to amend, Defendant's motion to strike Plaintiff's prayer for punitive damages. On March 19, 2024, Plaintiff filed the First Amended Complaint (“FAC”). Plaintiff again seeks punitive damages. On March 27, 2024, Defendant filed this motion to strike the prayer for punitive damages in the FAC. Plaintiff filed an opposition on April 9, and Defendant filed a reply on...

Excerpt: ...��Defendants”). As alleged in the Plaintiffs' Complaint, at all relevant times, 649 Lofts and Joshua co- owned and operated the Subject Property, and SRHT was the property manager for Joshua and 649 Lofts. Pending before the Court is the motion of 649 Lofts and SHRT (“the Moving Defendants”) to strike Paragraphs 51 and 67 from the Plaintiffs' complaint, which are there to support Plaintiffs' request for an award of exemplary and punitive da...

Excerpt: ...0 · Item b.(ii) of the prayer (punitive damages) RULING : Motion to strike is granted in part. SUMMARY OF ACTION Plaintiff Cole Freeman's (Plaintiff) motorhome was vandalized and sustained water damage. Plaintiff filed this action because he alleges that Defendant State Farm Automobile Insurance Company (Defendant) would not cover the full extent of Plaintiff's losse s. Plaintiff's complaint alleges four causes of action for (1) declaratory reli...

Excerpt: ...riminal proceeding against Defendant Jeffrey Tamkin (Los Angeles Superi or Court Case No. 514932 (People v. Jeffrey Herter Tamkin)). Defendants argue that a stay is necessary to protect Tamkin's Fifth Amendment rights in connection with the criminal proceeding, which arises from the same underlying facts as this civil action, and because Tamkin is the only officer and manager of Tamkin Development Corporation, the corporation would be prejudiced ...

Excerpt: ...aintiffs allege the following facts. Plaintiffs' decedent died due to the medical negligence of Defendants. Motion to Set Aside Dismissal CCP § 473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc e, surprise, or excusable neglect. Application for t...

Excerpt: ...es —a prior court order must be obtained. (CRC, Rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) t he party must serve a copy of the motion on all parties who have ap...

Excerpt: ... Los Angeles. The First Amended Complaint, filed January 18, 2023, asserts causes of action for: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; and (4) negligence. Plaintiff alleges there were defects in the stucco work performed by Defendant, the parties entered i nto a contract addendum whereby Defendant would repair the stucco, but Defendant abandoned the project. On March 9, 2023, Defendant filed a cro...

Excerpt: ...a Ridge Drive, Beverly Hills, California 90210 (“Property”). Landlord rented the Property to Defendant Thomas Latimer (“Tenant”) for $35,000 a month. Tenant failed to pay rent. This action ensued. A proof of service of the summons and complaint was filed with the Court which states Tenant was personally served on March 7, 2024. This hearing is on Tenant's motion to quash service of summons. Tenant argues that contrary to the proof of serv...

Excerpt: ... for Production of Documents, Set One. Plaintiff also seeks $4,215 in sanctions against CMC and its attorneys. CBC in its opposition seeks sanctions in the amount of $16,940. The Court GRANTS Plaintiff's motion in part. CBC shall only be required to respond as to discrimination against external organizations or individuals. CBC shall redact confidential information of employees. The Court DENIES both Plaintiff's and CBC's respective requests for ...

Excerpt: ...25 Century Park East Company, et al. for damages related to premises liability. On March 15, 2023, Plaintiff filed proof of service of the summons and complaint on defendant Pocrass & De Los Reyes, LLP (“P&D”), alleging P&D was personally served via its authorized agent for service of process James Pocrass (“Pocrass”) on May 7, 2022, at the address 1880 Century Park East, Suite 1415, Los Angeles, California 90067. On March 15, 2023, Plain...

Excerpt: ...r to (1) quash service of process of summons, and (2) vacate and set aside the defaults and Judgment -Unlawful Detainer against Defendants. BACKGROUND This is an unlawful detainer case filed on May 11, 2023 by Plaintiff 5623 PECK ROAD, LLC against Defendants Cultiva Group and Qirong Lin, claiming past -due rent totaling $137,435.90, attorney fees, forfeiture of the lease agreement, damages accruing daily since January 1, 2023, and additional expe...

Excerpt: ... (2) violation of Business and Professions Code section 17200; (3) failure of consideration; (4) violation of the Song-Beverly Act; (5) breach of the implied warranty of merchantability; (6) breach of implied warranty of fitness; and (7) violation of Business and Professions Code sectio n 7071.5. On 2/29/2024, Non- Party Sunlight Financial, LLC (Sunlight) moved to quash the Deposition Subpoena for Production of Business Records (the Subpoena) ser...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ...t filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of contract case. Plaintiffs purchased a property from Defendant which Plaintiffs allege was subject to a PACE loan. Plaintiffs allege that Defendant agreed to pay off the loan through escrow, such that the property would be transferred to Plaintiffs clear of any lien and failed to do so, despite receiving money in an amount equal to the balance on the loan, from escrow. Cr...

Excerpt: ... after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), and Does 1 through 25. Plaintiffs assert causes of actions for premises liab ility; negligence; vicarious liability; and loss of consortium. AAA filed its Answer to the Complaint on October 17, 202...

Excerpt: ...CV00428 and 22STCV17187 orders 22TRCV00428 reassigned to Department 55 of the Stanley Mosk Courthouse for all purposes. All hearings currently set in civil law case 22TRCV00428 are hereby advanced and vacated. Counsel for Defendant to give notice. Background of 22TRCV00428 Trout v. Robinson Helicopter On May 25, 2022, Basia Trout, individually and as the personal representative of Decedent Lora Trout, and Roger Trout, filed 22TRCV00428 against Ro...

Excerpt: ...SBDTLA 3, LLC; 5. SBDTLA 4, LLC., 6. Greystar California, Inc. 7. Barry Shy; 8. Rommy Shy; 9. Eric Shy; 10. Erica Rivera; 11. Pam Pham -Le; 12. 215 W 6 Owner, LLC; and 13. FPI Management, Inc. The First Amended Complaint, filed on October 26, 2023, asserts causes of action for: (1) violation of Civil Code section 1942.4; (2) tortious breach of the warranty of habitability; (3) private nuisance; (4) Business and Professions Code section 17200; (5 ...

Excerpt: ...ollectively, “Defendants”) for injuries arising from a motor vehicle collision. The trial date is currently set for October 24, 2024. Defendants now move to continue the current trial date and all related dates to June 24, 2025 to allow their motion for summary judgment (“MSJ”), currently reserved for December 10, 2024, to be heard prior to trial. The motion is unopposed. II. LEGAL STANDARD Although continuances of trials are disfavored, ...

Excerpt: ...Proc., § 2030.290, subd. (a).) Sanctions in the amount of $2,985 are awarded to Defendants. Code of Civil Procedure § 2030.290(c). Procedural Background Plaintiff Rossylyn Inez Sanchez (“Plaintiff”) filed a complaint against Defendants Melton Truck Lines, Inc., Christopher Michael Moehl, and Does 1 to 50, (“Defendants”), for motor vehicle negligence and general negligence for an automobile accident that oc curred on October 7, 2021. Pla...

Excerpt: ...ch 15, 2024, Plaintiff filed her Motion for Preliminary Injunction (“Motion”). In support Motion, Plaintiff concurrently filed: (1) Declaration of Nanette K. Kinkade; (2) Declaration of Harry Sandick; and (3) Proposed Order. On March 18, 2024 Plaintiff filed her Proof of Service. On March 20, 2024, Plaintiff filed her Notice of Lodging of Thumb Drive and Proof of Service Thereto. On April 12, 2024, Defendant filed its Opposition to Plaintiffs...