Excerpt: ...egner; Douglas Sanchez; Dee Brothers; and Jed Wiltchik ; alleging elder financial abuse in connection with the sale of her residential home in January 2020. Stewart Title brought a cross -complaint for declaratory relief regarding implied indemnity/contribution against Cross -Defendants Jafiel D. Drinkwater, also known as Jafiel Drinkwater; Andre Nevin Wegner also known as (aka) Andre Wegner, aka Andre Falcon, aka Andre Nevil, aka Austin Taylor W...

Excerpt: ...es; (3) constructive discharge; and (4 - 5) intentional/negligent infliction of emotional distress. The operative First Amended Complaint, filed May 27, 2022, adds causes of action for discrimination, harassment, and violation of civil rights. Shekerdemian alleges that Desai hired him as the general manager at R Bar. Desai did not classify or pay Shekerdemian as an employee but rather as an independent contractor. Desai initially ignored Shekerde...

Excerpt: ...f and Jabari's Inc. against Lawrence and Moving Defendants' representation of Lawrence in that lawsuit. Moving Defendants previously brought a motion to strike under Code Civ. Proc. section 425.16, which extends protections to strategic lawsuits against public participation (“SLAPP” actions). On 1/31/24, the Court issued an order striking the entire Complain t as to Moving Defendants. Moving Defendants now move for an award of mandatory attor...

Excerpt: ...Medical Center (“CSMC”), and Does 11 through 50 when Defendant Nune Badalyan (“Badalyan”) drove her vehicle over Plaintiff Soto's foot, causing her severe injuries. On September 29, 2021, Plaintiffs filed the Complaint in this action, asserting five causes of action: (1) Plaintiff Soto asserts a motor vehicle negligence claim against Badalyan and Does 1 through 10; (2) both Plaintiff assert a general negligence claim against Badalyan and ...

Excerpt: ...t child abuse under Government Code section 815.6; and (2) The Eighth Cause of Action: Negligence under Government Code section 815.2. The jury found in favor of Defendant on the fifth cause of action, finding that the LAUSD did not violate its mandatory reporting duty under Penal Code section 11166. Now, Defendant moves for a judgment notwithstanding the verdict, arguing: (1) There is no claim for negligence because the jury found that the LAUSD...

Excerpt: ...LLC, Casa La Merced, L.P., SPE Merced, LLC, and Doug Gilland STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for conversion and breach of contract filed on April 10, 2019. Plaintiffs allege that, after contracting with Defendants Gilland and Silver Tree to purchase a parcel of low -income elderly housing, Defendants conspired to sabotage Plaintif fs' efforts so that Defendants Housing Preservation, SPE Merced, and Casa La Merced...

Excerpt: ... Family Limited Partnership (“BFLP”) and Ruth Ann Biafora (“Ruth”) RESPONDING PARTY: Cross-Complainants and Plaintiffs in BC713448, BFLP, Joseph R. Biafora, Jr. (“Joseph Jr.”) and Diana Biafora Sparagna (“Diana”) The Court has considered the moving, opposition, and reply papers. BACKGROUND On April 15, 2002, the BFLP was formed by a written limited partnership agreement between Joseph Biafora, Sr. (“Joseph Sr.”) and his wife, ...

Excerpt: ...led pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, su bd. (l)(2).) “[A] trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state labor laws.” ( Moniz v. Adecco ...

Excerpt: ... a preliminary injunction is granted as set forth below. BACKGROUND On August 4, 2023, David Feeley (“Feeley) and Porter Ranch Physical Therapy, Inc. (“Porter Ranch PT”) (collectively “Plaintiff”) filed a Complaint against Jeffrey R. Vargo (“Vargo”); Vargo Physical Therapy (“Vargo PT”) (collectively “Defendants”) ; and Doe s 1 to 50. The operative First Amended Complaint (“FAC”), filed November 30, 2023, alleges six caus...

Excerpt: ...d the compl aint on October 19, 2020. Defendants have cross-complained against Plaintiffs, with a First Amended Cross - Complaint filed March 28, 2022. On April 12, 2024, 21 of the Plaintiffs filed the instant motion for protective order. Plaintiffs Jeremy Katz and Adrian Katz filed a joinder to the motion on April 22, 2024.[1] On May 6, 2024, Defendants Hung R. Wang, Vivine H. Wang, and VHW, LLC filed their opposition, and Defendant Paez filed a...

Excerpt: ...es need not be responded to or, alternatively, that the number of specially prepared interrogatories as to defendant be limited. SUMMARY OF FACTS: Plaintiffs Jozef Gharabigi and Meganoush Azarjeh allege that in May of 2023 their vehicle was rear - ended by a vehicle being operated by defendant Narine Gharibyan while defendant was speeding and failed to keep proper distance. Plaintiffs allege that defe ndant caused damages to plaintiffs, as they s...

Excerpt: ... Defendants Dena Waldon and Joe Ann Waldon entered into a written lease agreement whereby Defendants agreed to lease the premises located at 12246 Moorpark Street, Apt. 106T in Studio City from Plaintiff. The lease term was for 9 months, such that the lease expired on July 31, 2020. Per the latest rent increase, the current rent is alleged to be $3,529 per month, effective April 1, 2022. Plaintiff alleges that on September 7, 2021, Plaintiff serv...

Excerpt: ...OCEEDING: Renewed Motion for Summary Adjudication as to the 12th Cause of Action in Plaintiff's Fourth Amended Complaint OPPOSITION: 1 May 2024 REPLY: 10 May 2024 TENTATIVE: Plaintiff's Renewed Motion for Summary Adjudication is denied. Plaintiff to give notice. BACKGROUND This action arises out of real estate development projects in Los Angeles, California concerning properties with assessor parcel numbers 4419 -015 -196, 4419 -015 -907, 4419 -0...

Excerpt: ...intiff Wendy Villalobos Saucedo, a minor by and through her guardian ad litem Manuel Villalobos Rodriguez (“Plaintiff”), alleges that Defendants Samsung SDI America, Inc. (“SDIA”), Samsung Electronics America, Inc. (“SEAI”), Doe Cell Phone Designer/Manu facturer/Distributer 1 -10, Cell Phone Battery Company/Manufacturer/Distributor/Designer Does 11 -20, AT&T Store, Doe Store/Owners/Employees 21 -30, AT&T Wireless Inc., AT&T Inc., and ...

Excerpt: ...rd Studio Center, located at 4024 Radford Ave., Studio City, CA 91604. This action was filed against Defendants SMAC Entertainment, LLC (“SMAC”), Sony Pictures Television, Inc. (“Sony”), and Radford Studio Center, LLC (“Radford”). Plaintiff alleges she was on the premises in the course of her employment as a prop master for the television show “The Talk,” which was being taped at the premises. Plaintiff alleges at that time and pl...

Excerpt: ...niel V. Behesnilian is ordered to release all funds presently held in his attorney -client trust account on behalf of Cemil Gunday, recovered in Los Angeles Superior Court Case No. 19STCV15444, which shall be released to counsel for Defendants -in- Intervention Jason Cuellar, M.D.; John Greenfield, M.D.; Glendale Diagnostic Imaging Network, Inc.; San Dimas Pain Management Center, Inc.; Pasadena Laser & Surgery Center; Spectrum Health Center; Coas...

Excerpt: ...n of EMTALA, 42 USC Section 13996dd, et seq. * *Request for Dismissal of the 2nd Cause of Action against defendant Alec Bradleigh Freling, M.D. filed and dismissal entered April 21, 2023. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jamie Black alleges that in October of 2022, plaintiff, who had a history of depression, bipolar disorder, ADHD and schizophrenia, for which she had previously been placed on several 5150 involuntary psychiatric holds...

Excerpt: ...iled this medical malpractice\ action against defendants Huntington Health and Huntington Memorial Hospital (collectively, “Defendants”) on November 2, 2022. Plaintiff alle\ ges that Defendants failed to provide a safe environment in which diagnosis, treatment and recovery could be carried out, failed to implement proper procedures, policies, protocols, guidelines, and rules, failed to insure adherence to existing procedures, policies, protoc...

Excerpt: ...or discrimination, retaliation, failure to engage and accommodate, and failure to prevent. On November 9, 2023, Defendant filed the instant motion for summary judgment or adjudication in the alternative. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable ...

Excerpt: ...s Plaintiff Sashae Garcia sues Defendant Molina Healthcare, Inc. (MHI), Marlene Grosch, and Does 1-20 pursuant to a March 14, 2022, Complaint alleging claims of (1) Discrimination on the Basis of Medical Condition and/or Disability in Violation of FEHA, (2) Retaliation for Complaining of Discrimination on the Basis of Medical Condition and/or Disability in Violation of FEHA, (3) Failure to Prevent Discrimination and Retaliation in Violation of FE...

Excerpt: ...ND INSTRUCTING LOS ANGELES COUNTY SHERIFF'S OFFICE TO ENFORCE JUDGMENT BACKGROUND A. Allegations Plaintiff Robin Kim (“Plaintiff” or “Kim”), as sole trustee of the McIntosh Trust (“Trust” or “MT”), commenced this action against Defendants Yonatan Rabin and Liat Rabin and the company they owned and operated, Defendant Sapphire Development & Constructio n, Inc. (“SDC”).[1] Plaintiff alleges that the Trust owns real property loca...

Excerpt: ...ry awarded Plaintiff $10,000,000 with some express and potentially some implied adjustments. That same day, the Court entered judgment on the jury verdict, reducing the total verdict to $6,800,000, deducting the full amount of the past non-economic loss, and the full amount of the future non -economic loss that the jury awarded, and accounting for the comparative fault of Brian D. Witzer at 15%. Now, Plaintiff moves this Court to award costs and ...

Excerpt: ... Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is rec eived. Notice may be given eith...

Excerpt: ...TING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex. C FACTUAL BACKGROUND: Plaintiffs Ana I. Martinez and Alvaro O. Hernandez allege that in October of 2022, plaintiffs purchased a 2022 Kia EV6 with an accompanying written warranty issued by defendant Kia America Inc., pursuant to which Kia America, Inc. agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failur...

Excerpt: ... follows: On April 25, 2021, Plaintiff purchased a new 2020 Chevrolet Sonic (“Vehicle”) manufactured by GM. During the warranty period the vehicle developed defects. LEGAL STANDARD Attorney's fees are mandatory to the prevailing plaintiff under the Song- Beverly Act. (Kim v.Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178; Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 493. Pursuant to California Civil Code, Sectio...