Excerpt: ...The court considered the moving papers. No opposition papers were filed. RULING The motion to compel answers to form interrogatories is GRANTED. Plaintiff is ordered to serve verified, complete, and code-compliant responses, without objections, to set one of defendant's form interrogatories within 30 days of the date of notice of this order. The motion to compel answers to special interrogatories is GRANTED. Plaintiff is ordered to serve verified...

Excerpt: ...f's purchase of an allegedly defective vehicle. On December 4, 2023, Defendant filed a demurrer and motion to strike. DEMURRER Defendant demurs to the first, second, and third causes of action. A demurrer for sufficiency tests whether the complaint states a cause of action. ( Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte...

Excerpt: ...effrey Qiuhong Yang (“Plaintiff”). The Court DENIES Defendant's requests for issue and evidentiary sanctions as MOOT. The Court GRANTS Defendant's request for monetary sanctions, subject to argument as to the reasonableness of the hours claimed by Defendant. Background Plaintiff is Defendant's former Chief Financial Officer. Plaintiff alleges that he was terminated in retaliation for his whistleblower complaints. Defendant alleges that it ter...

Excerpt: ...settlement. Background Plaintiff Evi Herrera Orantes (Plaintiff) filed a complaint on behalf of himself, other aggrieved employees, and the State of California, against Defendant International School of Los Angeles – Lycee International De Los Angeles (Defendant) for Private Att orneys General Act (PAGA) penalties for that various wage and hour claims. On December 5, 2023, the Court granted preliminary approval of the class and PAGA settlement....

Excerpt: ...al real property. On September 1, 2022, plaintiff Puente Hills Business Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (co llectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. Following a non -jury trial on February 23, 2024,...

Excerpt: ...23, Plaintiff Bahador Mikhak (“Plaintiff”) filed this action against Defendant Christine Snell (“Snell” or “Defendant”) for defamation. The Complaint alleges the following. Snell along with her sister, Julie Skujins (“Skujins”), fabricated a false domestic violence incident against Plaintiff to damage his reputation and to prevent him from gaining custody of his child. (Complaint, ¶ 3.) Skujins is the mother of Plaintiff's child ...

Excerpt: ...ants. _______ GREENSPOON MARDER, LLP , Cross -Complainant, v. JEFFREY BERNSTEIN, SUPERIOR EQUIPMENT SOLUTIONS, and ROES 1 -100. Cross -Defendants . Case No.: 19STCV27890 Hearing Date: 5/16/24 Trial Date: N/A [TENTATIVE] RULING RE: Plaintiff and Cross -Defendant Eisner LLP's Motion for Attorneys' Fees. I. Background A. Pleadings 1. Complaint [Eisner LLP] On August 7, 2019, Plaintiff/Cross -Defendant Eisner LLP filed a Complaint alleging claims of ...

Excerpt: ... Defendants Georgina Capital, Inc. and Todd M. Smith (“Defendants”). Following Defendants' failure to file a res ponsive pleading, default judgment was entered in Plaintiff's favor on May 20, 2022. (Default Judgment 05/20/22.) The Court awarded Plaintiff attorney's fees with the judgment in the amount of $1,006.74. (Default Judgment, 05/20/22, p. 2:14 -15.) Plaintiff filed a motion to amend judgment on August 28, 2023, which the Court denied ...

Excerpt: ...torney's fees is GRANTED in the reduced amount of $379,649.25. I. BACKGROUND This is a wrongful termination action arising from plaintiff Rene Martinez's (“Plaintiff's”) employment with defendant Farmers Financial Solutions, LLC (“Farmers”) from February 2015 through March 2018. On January 23, 2019, Plaintiff filed this action's Complaint against defendants Farmers, Steve Klein (“Klein”), and Jimmy Coicoechea (“Coicoechea”). The C...

Excerpt: ...ly papers. BACKGROUND This is a lemon law case. On April 23, 2019, Plaintiffs Diana Herrera and Felix Herrera (“Plaintiffs”) filed a complaint against Defendant Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Expre...

Excerpt: ...t. 56 The parties have agreed to settle this action for $365,000. This amount is to be allocated as follows: (1) $121,654.50 for attorneys' fees, (2) $16,202.44 for costs, (3) $6,750 for estimated administration costs, (4) $162,446.62 (75% of the net settlement amount) to the Labor and Workforce Development Agency (“LWDA”), and (6) $54,148.87 (25% of the net settlement amount) in civil penalties distributed to aggrieved employees on a pro rat...

Excerpt: ... Cross-Complaint is DENIED as MOOT in part (i.e., as to punitive damages) and GRANTED in part (i.e., as to attorney's fees). Background Plaintiff Haha Smart, Inc. (“HSI”) alleges as follows: HSI is a general contractor. On April 8, 2022, HSI entered into a written Solar Home/Building Improvement Agreement (“Agreement”) with Walter Ocheaga (“Ocheaga”), wherein HSI agreed to furnish all labor, materials, and equipment to complete certai...

Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...

Excerpt: ...and 4 th) which are barred on the FAC of the FAC by the statute of limitations, and SUSTAINED as to the fraud causes of action (5 th, 6 th and 7 th) with oral argument as to whether further leave to amend should be permitted. (2) Defendants' Motion to Strike is Mooted I. BACKGROUND¿¿ ¿¿ A. Factual¿¿ On August 4, 2023, Plaintiff, Larry Tran (“Plaintiff”) filed a Complaint against Defendants, Tesla, Inc., Tesla Motors, Inc., and DOES 1 th...

Excerpt: ...'s Motion to Strike Portions of the Complaint. I. Background A. Pleadings Plaintiff Patricia Maravilla sues Defendants Air Tiger Express (USA) Inc. (ATE), Matthew Tran, and Does 1 through 10 pursuant to an October 18, 2023, Complaint alleging claims of (1) Discrimination on the Basis of Age (Cal. Govt. Code § 12940(a), et seq.), (2) Harassment on the Basis of Age (Cal. Govt. Code § 12940(j), et seq.), (3) Hostile Work Environment Harassment on ...

Excerpt: ...Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) Violations of Civil Code § 1798.93; 5) Breach of Fiduciary Duty; 6) Professional Negligence; 7) Unfair Business Practices; 8) Fraudulent Concealment; 9) Negligent Misrepresentation; 10) Fraud; 11) Slander of Title; 12) Constructive ...

Excerpt: ...Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful/retaliatory eviction could have/should have be en raised in an earlier filed and litigated unlawful detainer action. In Opposition, Plaintiff argues that her claim ...

Excerpt: ...I -CA, Inc., Marriot International, Inc. dba Los Angeles Airport Marriot, Naville Andrew McGlover, and and Does 1 to 100 for injuries arising from a motor vehicle incident on March 3, 2020 at Terminal 5 of 400 World Way, Los Angeles, CA 90045. (Compl. at p. 4.) The complaint sets forth two causes of action for (1) motor vehicle negligence and (2) breach of statutory duty (Motor Vehicle Code 17001, 17002, 17150) aga inst all named defendants and D...

Excerpt: ...th 20 days leave to amend, in part. Loyola Marymount University's Motion to Strike Portions of Complaint is denied, in part, granted with 20 days leave to amend, in part, and moot, in part. Background Plaintiff's Complaint was filed on July 14, 2023. Plaintiff alleges the following facts. Plaintiff suffered injuries while residing in a dormitory at Loyola Marymount University (“LMU”) following a water leak. Defendant failed to make necessary ...

Excerpt: ...ividually and as representative of the Estate of Daniel Gonzales. On September 25, 2024, the operative Third Amended Complaint (“TAC”) was filed. Plaintiff's TAC asserts the following causes of action: (1) Professional Negligence; (2) Violation of Elder and Dependent Adult Civil Protection Act; and (3) Wrongful Death Defendant BARLOW RESPIRATORY HOSPITAL (“Barlow”) specially and generally demurs to Plaintiff's second cause of action for e...

Excerpt: ...G PARTY : Defendants Royal Vista San Gabriel, LLC (CRS 6562) and AHMC Healthcare, Inc. (CRS 9714) (“Defendants”) RESPONDING PARTY : Plaintiffs Vanessa Zatarain and John Paul Zatarain, both individually and as successors in interest to George Zatarain, deceased. (“Plaintiffs”) SERVICE: Demurrer filed October 5, 2023 Motion to strike filed September 26, 2023 OPPOSITION: Filed May 3, 2024 REPLY: Filed May 7, 2024 RELIEF REQUESTED Defendants ...

Excerpt: ...aud · Third Cause of Action for Concealment · Fourth Cause of Action for Negligence · Fifth Cause of Action for Wrongful Imprisonment · Sixth Cause of Action for Personal Injury · Seventh Cause of Action for Emotional Stress and Duress · Eighth Cause of Action for Loss of Personal Property · Ninth Cause of Action for Loss of Income · Tenth Cause of Action for Loss of Time Div. 50 Program · Eleventh Cause of Action for Loss of Record Corr...

Excerpt: ... Gretzky and Janet Gretzky to give notice. REASONING Request for Judicial Notice Defendants Wayne Gretzky and Janet Gretzky (“Defendants”) request judicial notice of the June 22, 2023, minute order in this action, and the August 1, 2023, minute order entered in Los Angeles Superior Court Case No. 22SMCV02110 (Mahajan v. Gretzky). Defen dants' request is GRANTED pursuant to Evidence Code section 452, subdivision (d). Errata Plaintiff's First A...

Excerpt: ...ief based upon a violation of the California Coastal Act. Plaintiff Joseph Roesler, as a taxpayer, alleges that Defendant the City of Los Angeles illegally blocked access to the beach by prohibiting parking along both sides of Vista Del Mar, a road running parallel to Dockweiler Beach from Imperial Highway to Napoleon Street (the “Subject Roadway”). Plaintiff alleges that Defendant acted in violation of the California Coastal Act (“COLA”)...

Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...

Excerpt: ...tment 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, oral argument will not be permitted. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. The court granted Defendant's motion to compel arbitration.. The Court entered judgme...

Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcare Foundation's February 26, 2024 request to take judicial notice of the Third Amended Complaint filed in this action by plaintiffs Annette Turner and Tammy Davis on December 28, 2022. (Evid. Code, § 452, subd. (d).) LEGAL STANDARD The purpose of a motion for summary judgment or summa...

Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...

Excerpt: ...os Angeles International Airport (“LAX”), City of Los Angeles (“City”), County of Los Angeles (“County”), State of California, and California Department of Transportation, arising from an incident where Plaintiff fell while riding an escalator when it malfunctioned. The Complaint alleges the sole cause of action premises liability – dangerous condition of public property. On November 6, 2023, City filed its answer to the Complaint. ...

Excerpt: ... 6, 2023, the Court ordered Plaintiff to provi de responses without objection to Defendants' request for form interrogatories and request for production within 20 days of the order. On April 12, 2024, Defendants filed the instant motion for terminating sanctions. On May 14, 2024, Plaintiff's counsel filed a declaration admitting fault for the failure to comply with this Court's order of December 6, 2023 and representing to the Court that Plaintif...

Excerpt: ... civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Previously, the Court denied without prejudice Defendants motion for terminating sanctions to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Court's November 16, 2023 Order, and instead granted lesser sanctions. (Min. Order, March 26, 2024.) On this renewed motion or terminating sanctions, Defendant ...

Excerpt: ...intiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The Complaint alleges the following causes of action: (1) Violation of the Song -Beverly Act – Breach of Express Warranty; (2) Violation of the Song -Beverly Act – Breach of Implied War...

Excerpt: ...uses of action. The Motion for Summary Adjudication is granted as to the fifth cause of action. Background This matter arises from the purchase of an allegedly defective 2015 Ford Edge (the “Subject Vehicle”). On March 10, 2021, Plaintiff Sassan Salehipour (“Plaintiff”) filed a Complaint against Defendants Ford Motor Company (“Ford”), Advantage Ford Lincoln (“A dvantage”) (collectively, “Defendants”) alleging causes of action ...

Excerpt: ...Ventures, LLC RESPONDING PARTY: Plaintiff Dailygobble, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff DailyGobble, Inc., brings this Complaint against Defendants Amit Jain, Alliance Group Ventures, LLC, and Chirag Patil. Plaintiff alleges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and false...

Excerpt: ...aintiffs' 2019 Mercedes Benz E -Class Vehicle. (See Complaint §§14 and 26 -29.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty (against Defendant Mercedes -Benz USA, LLC only); and (2) Negligent Repair (against Fletcher Jones only) Fletcher Jones moves for summary judgment, arguing that “FJMC cannot be held liable for negligence as it did not owe any tort duty to...

Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...

Excerpt: ...n Violation of Government Code 12940, et seq. · 4th Cause of Action: Failure to Provide Reasonable Accommodation in Violation of Government Code 12940, et seq. · 5th Cause of Action: Failure to Engage in a Good Faith Interactive Process in Violation of Government Code 12940, et seq. · 6th Cause of Action: Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Government Code 12940, et seq. · 7th Cause of Action: Declara...

Excerpt: ...Inc. (“Construction Paper”) (collectively, “Cross- Defendants”). Defendant seek s issue sanctions, evidentiary sanctions, and monetary sanctions consisting of $8,910.00 in attorney's fees. The Court CONTINUES CJ's motion for terminating sanctions to June 18, 2024. If Plaintiff does not comply with all previous discovery orders and sanctions by that time, the Court will issue terminating sanctions. The Court GRANTS CJ's request for monetar...

Excerpt: ...n May 21, 2020. On April 25, 2022, Plaintiffs Lee Shai Chiu Wu and Josephine Wu filed a complaint against Defendants GDL Delivery Corp., Rafael Famoso Campos, and Lucio Famoso Campos, alleging causes of action for motor vehicle and general negligence, stemming from a vehi cle collision that occurred on May 21, 2020. On May 23, 2023, these cases were consolidated. On April 4, 2024, Defendants filed this motion for leave to file an amended answer. ...

Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...

Excerpt: ...OR ENTRY OF DEFAULT JUDGMENT (filed 3/27/2024) TENTATIVE RULING Defendant's Motion for Reconsideration of Order Denying Motion to Quash Service of Summons, to Compel Binding Arbitration and to Stay Action is DENIED. The Court CONTINUES Plaintiff's request for entry of default judgment to permit Plaintiff the chance to provide further information on its calculation of damages. I. BACKGROUND On January 12, 2023, Plaintiff Employers Choice Online, I...

Excerpt: ...Community Clinic, Emma Blandina Trejo, M.D., and Sandra Chu Damiani, M.D. SERVICE: Motion for Reconsideration filed on February 5, 2024; Motion to Strike and/or Tax Costs filed on March 8, 2024 OPPOSITION: Opposition to Motion for Reconsideration filed on May 3, 2024; Opposition to Motion to Strike and/or Tax Costs filed on March 14, 2024 REPLY: None filed as of May 14, 2024 RELIEF REQUESTED Plaintiff moves for an order striking or taxing Defenda...

Excerpt: ...obert Goldston Sr. brings this suit individually and as successor in interest to his mother, Darlene Waters against various medical providers. As relevant here, Plaintiff alleges the UCLA Ronald Reagan Medical Center failed to properly assess and document the progression of a pressure ulcer in Waters' sacral region. (First Amended Complaint (“FAC”), ¶67). Further, according to Plaintiff, his mo ther developed eight additional pressure sores ...

Excerpt: ... directly proves or disproves the elements of the causes of action pled in Plaintiff's Complaint, pur suant to CCP 2017.020, and/or (2) limiting or restricting the frequency/ extent/number of requests for admissions Plaintiff may utilize, pursuant to CCP 2033.080(a) and CCP 2019.030. Additionally, by this motion, Food 4 Less challenges Plaintiff's declaration of necessity used to justify more than 35 requests for admission under CCP 2033.050, pur...

Excerpt: ...agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage , Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) instead ...

Excerpt: ...ry liability arising out of a vehicle accident on April 16, 2019, at or near the intersection of Puente Avenue and Merced Avenue in Industry. Defendant filed an answer to the complaint on August 31, 2022. On April 4, 2024, Proposed Intervenor Loya Casualty Insurance Company (“Loya”) filed this motion for leave to intervene and file an Answer-in- Intervention. Plaintiffs filed an opposition on May 2, 2024. No reply has been filed. Legal Standa...

Excerpt: ...anuary 23, 2024, Plaintiff, Karin Friedman (“Plaintiff”) filed a Complaint against Defendants, Anthony Cavuoti, LMFT, Carellon Behavioral Health of CA, Inc., and DOES 1 through 100. The Complaint alleges causes of action for: (1) Professional Negligence; (2) Intentional Infliction of Emotional Distress; and (3) Negligent Hiring. On March 5, 2024, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: : (1) Profes...

Excerpt: ...July 25, 2023. Plaintiff alleges that Defendants foreclosed on Plaintiff's home without reviewing her loss mitigation applications or contacting her before recording the Notice of Default. Plaintiff moves for leave to file a First Amended Complaint. TENTATIVE RULING: Plaintiff's Motion for Leave to File a First Amended Complaint is DENIED. This ruling is without prejudice to a procedurally proper motion for leave to file an amended or supplementa...

Excerpt: ...olation of Business and Professions Code, sections 17200 et seq. ; and (3) failure to pay wages due. The Court GRANTS the motion as to Plaintiff's claims for violation of meal and rest breaks and violation of Business and Professions Code, sections 17200. The Court DENIES the motion as to Plaintiff's claim for failure to pay wages. Background Plaintiff filed this action on April 20, 2022 against Defendant Real Time Staffing Servies, LLC d/b/a Sel...

Excerpt: ...filed the operative First Amended Complaint (FAC) against defendants Jim Bunch, Todd Murphy (together Defendants), and Does 1 -30 alleging four causes of action for (1) breach of contract, (2) materials furnished, (3) account stated, and (4) unjust enrichment. The FAC alleges the following: On or about April 11, 2022, the parties entered into a written contract for the renovation of the residential house located at 1009 Crestview, Glendale, CA 91...