Excerpt: ...s. I. Background A. Pleadings On August 10, 2020, Plaintiff The Law Firm of Fox and Fox (Fox & Fox) initiated this action by filing a Complaint alleging claims of (1) Breach of Contract and (2) Common Counts against Defendants David J. Itzikman and Does 1 through 10. The claims arose from allegations that Fox & Fox “represented Defendant [Itzikman] in the dissolution of marriage matter, filed in Los Angeles Superior Court, Case Number BD 646 62...

Excerpt: ...I, LLC, Alon Realty, LLC, WSS, City of Los Angeles, Hazel Pacheco Gonzalez, and Ana Cabrera Noriega for (1) negligence, (2) negligent infliction of emotional distress, (3) negligence, premise liability, and (4) negligent hiring , training, supervision, and retention causes of action arising out of injuries sustained from a roof collapsing on October 20, 2019. The First Amended Complaint was filed on April 8, 2022. On September 30, 2021, Eurostar,...

Excerpt: ..., 57, 69, 73, 74, 75, and 76. Plaintiff also requests as a discovery sanction attorney's fees in the total amount of $6,120.00 in connection with the motion to compel. The Court GRANTS Plaintiff's motion with respect to Requests Number 57 and 69. The remainder of the motion to compel in the original motion is moot as Repligen responded after the filing of this motion. The Court DENIES Plaintiff's request for sanctions. Background This is an emplo...

Excerpt: ...reach of Contract; 2) Breach of Implied Covenant of Good Faith and Fair Dealing; 3) Intentional Misrepresentation; 4) Negligent Misrepresentation; 5) Professional Negligence; 6) Violation of Business and Professions Code S 17200. Defendant Michael Navi ("Navi") moves the Court for orders compelling Plaintiff to serve further responses to the following discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Plaintiff Propounded:...

Excerpt: ...ce 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 accommodation, and...

Excerpt: ...16, 2024, Plaintiff sewed responses to Defendants other first set of propounded discovety, but did not serve responses to the demand for production of documents. (ld. at 4.) On Februaty 9, 2024, defense counsel requested responses, without objection, no later than February 23, 2024. (ld. at 7.) To date, no responses to Defendant's demand for production of documents, set one, have been sewed. (ld. at 8.) Defendant therefore seeks an order compelli...

Excerpt: .... BACKGROUND On November 22, 2023, plaintiff Elaine Strother (“Plaintiff”) initiated this lawsuit by filing a complaint alleging a single cause of action for motor vehicle negligence related to an incident with defendant Bryan Gusdorf (“Defendant”) that occurred on January 3, 2022. (Complaint p. 4.) On January 5, 2024, Defendant propounded discovery requests on Plaintiff. (Motion p. 1.) On March 19, 2024, Defendant filed three motions to ...

Excerpt: ...sanctions. No opposition has been filed. LEGAL STANDARD Requests for Production Under Code of Civil Procedure Section 2031.300, if a party fails to serve a timely response to a demand for inspection, the party making the demand may move for an order compelling response to the demand. (Code Civ. Pro § 2031.300 (b).) The party who fails to serve a timely response to a demand for inspection waives any objection to the demand unless the court finds ...

Excerpt: ...al Express and Does 1 through 25, asserting causes of action for emotional distress and intentional infliction of emotional distress arising from a verbal altercation occurring on June 14, 2022. On July 10, 2023, Plaintiff filed a question to dismiss UPS. On August 10, 2023, Plaintiff filed a First Amended Complaint asserting the same two causes of action and naming as defendants The UPS Store Catherine Dash Franchise Owner; Federal Express; Doe ...

Excerpt: ...nding a motor vehicle accident. Plaintiff alleges the accident too k place on October 7, 2019, on the CA-118 freeway and that defendants Jack Schneider, Jack Benet, and Ever Morales were operating the motor vehicle. On October 11, 2023, Plaintiff dismissed Jack Benet from the complaint. On November 3, 2023, Defendant Jack Schneider filed a cross -complaint against Ever Morales, Jackelin Cordon, and Roes 1 to 20 for implied indemnity, comparative ...

Excerpt: ...Jose Jesus Sierra III, and Jessica Sierra (collectively, “Plaintiffs”) filed this action against defendants City of Los Angeles, County of Los Angeles, State of California, Savannah Lee Johnson, Elecnor Belco Electric, Inc., Elecnor, Inc., The Roman Catholic Archbishop of Los Angeles, and Does 1 to 50 for injuries arising from a motor vehicle collision. The trial date is currently set for September 10, 2024. On October 23, 2023, Plaintiffs fi...

Excerpt: ...n Long Beach, California. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On August 16, 2022, Plaintiff filed her complaint against Defendant and Does 1 through 100. On September 27, 2022, Defendant filed its answer. On April 9, 2024, Defendant filed a motion to continue trial. No opposition has been filed. LEGAL STANDARD Code Civ. Proc. § 128(a)(8) pr...

Excerpt: ...int stipulation to arbitrate their claims. ed. The order signed by the Court on that same day stated that “the action shall be stayed pending completion of the arbitration and rendering of the arbitrator's award.” The arbitration did not go forward. On December 29, 2023, the court lifted any stay imposed pursuant to the parties' stipulation to arbitrate. On April 15, 2024, Defendants filed this motion to dismiss. On April 25, 2024, Plaintiff ...

Excerpt: ...ed default against Defendant on June 7, 2022. On July 29, 2022 and April 11, 2023 the Court denied Plaintiff's requests for entry of default judgment without prejudice. The April 11, 2023 Order also stated: “If the Plaintiff is unable to obtain a Default Judgment, the Court may Dismiss the action. (See Code of Civil Procedure §§583.410, 583.420, subd.[a][2][B]; California Rules of Court, Rule 3.1340[a].)” On September 19, 2023, the Court ag...

Excerpt: ...r employed by Lyft, Inc. (Complaint ¶ 5.) Defendant Lyft, Inc. (“Defendant”) now moves to disqualify Quinn Graham and the law firm of Rafii & Associates, P.C., the firm that represents Plaintiff. Defendant argues that Quinn Graham previously represented Defendant in automobile accidents like the i nstant case and has received confidential information. Defendant argues that because Graham is disqualified, the firm Rafii & Associates is vicari...

Excerpt: ...s. Accordingly, on October 21, 2019, the court ordered Plaintiff to pay Defendant $25,000 in attorney's fees and costs. On April 18, 2022, Defendant issued a writ of execution. On June 15, 2022, a levy on all wages and monies due was issued against Third -Party Sherif Osmon, Inc. (dba Maged Chevron) (Third -Party). Third -Party did not respond or comply with the levy. On September 14, 2023, Defendant filed this motion to enforce the levy. ¿¿DIS...

Excerpt: ...usiness Records Subpoenas; Request for Sanctions [THE FOLLOWING IS A TENTATIVE RULING IN THE ABOVE CASE]: I. BACKGROUND A. Factual Background Defendant Valley Grace Home, Inc. (“Valley Grace”), which is owned by defendant Gregory Mikitarian (“Mikitarian” and, together with Valley Grace, “Defendants”), is a 15 -bed residential nursing facility to which plaintiff Sharon Whitfield Wright (“Plaintiff” and, together with Defendants, �...

Excerpt: ... Party”) RESPONDING PARTY: None as of May 3, 2024. The Court has considered the moving papers. BACKGROUND On November 21, 2023, Plaintiffs Leobardo Segura -Meza and Mirian Sanchez (“Plaintiffs”) filed the operative Second Amended Complaint (“SAC”) against Defendants Agoura Hills Marble and Granite, Inc., et al. (“Defendants”) for: (1) Negligence; (2) Strict Lia bility – Warning Defect; (3) Strict Liability – Design Defect; (4) F...

Excerpt: ...ARING DEFENDANT STYLENQUAZA LLC'S MOTION TO QUASH SERVICE OF SUMMONS IS GRANTED. 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 briefing. BACKGROUND On March 13, 2023, Plaintiffs Rodolfo Garcia- Ros...

Excerpt: ... No opposition papers were filed. The motion is MOOT and is taken OFF -CALENDAR due to Defendant Anita Wu being dismissed from this action on November 17, 2023. Background This is an action arising from the alleged failure to pay wages. On August 15, 2023, Plaintiff Yang Hai, an individual and on behalf of aggrieved employees (“Plaintiff”) filed a Complaint against Defendants Golden Arcus Int'l Co, Yu Zhou, Anita Wu (“Wu”) ( collectively ...

Excerpt: ...ts William Randolph Fry (“Fry”), Gitibin & Associates, Inc., and Does 1 to 50 for damages arising from an automobile collision. Trial is currently set for November 12, 2024. Defendant Fry now moves to reopen discovery for the limited purpose of conducting Plaintiff's physical examination, which had been noticed prior to the discovery cut- off date. Plaintiff opposes the motion, and Fry filed a reply. II. MOTION TO REOPEN DISCOVERY CCP § 2024...

Excerpt: ...d an answer and a cross -complaint against Plaintiff for assault, battery, false imprisonment, intentional infliction of emotional distress and negligent infliction of emotional distress. On January 3, 2023, Plaintiff amended the complaint to include Defendants Uber Technologies, Inc. (“Uber”) as Doe 1 and Mikael Doe (“Mikael Doe”) as Doe 2. On January 10, 2023, Huston filed a first amended cross -complaint, adding a cause of action for d...

Excerpt: ...nd intentional misrepresentation; (2) concealment; (3) violation of the Unfair Competition law; (4) violation of California Civil Code section 1102; (5) breach of contract; (6) negligent misrepresentation; (7) negligence; and (8) violation of Civil Code section 2079. On 5/23/2023, default was entered against Victor Mendiola.[1] On 4/5/2024, Victor Mendiola (Defendant) moved to set aside the entry of default and his dismissal. The motion is unoppo...

Excerpt: ...CE: OK RELIEF REQUESTED: An order from this Court setting aside the Default entered against Defendant on September 19, 2023. TENTATIVE RULING: The Motion to Set Aside is GRANTED. BACKGROUND This action arises from the alleged encroachment by Defendant onto Plaintiff's property located at 12325 Kagel Canyon Rd. Sylmar, California, 91342 (the “Subject Property”). On July 20, 2023, Plaintiff Cynthia Stoddart (“Plaintiff”) filed a Complaint a...

Excerpt: ... on April 29, 2024. Plaintiff's Requests for Production No. 16 –21 seek documents related to Defendant's internal analyses, communications, decisions to issue recalls or technical service bulletins, customer complaints, and failure rates for vehicles of the same year, make, an d model as the subject vehicle in this action, related to a defined “body system defect.” Defendant has responded only with objections. Legal Standard “A party may ...